Glntn^U UttiuBtaitg ffilihrarg BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 Cornell University Library F 1636.L49 V.2 Memorials of the discovery and early set 3 1924 020 385 492 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020385492 BEKMUDAS OE SOMEKS ISLANDS VOL. II. LONDOX : PRIXTED BY SPOTXISWCODB AMD CO., KEW-STItEET BQUABB AND PAELIAMENT STHEET H Pi O f^ 2; ^ g ^ cu S ^'' 1^ xt H -T-J P ^ O "Sj CO ■^ ^ $ < ■-C, p ^ 5; '?t^ rt =N w N m -=i ■^ n' \ P— i ■^ H CO ^ -<; -<^ o -i; OT ;v~ CJ i-. s; r^ t^ ,-^ CD ^ x: ■^ > -C?AVP1LE "tourist's Map Of the ' BERMUDAlSliAN C?AVPl LE D ■-»•»•- J A*r HtSTARK- -v£95TSN ; MA&Sr MEMORIALS OF THE DISCOVERY MD EARLY SETTLEMENT OF THE BERMUDAS oe SOMMS ISLANDS 1511-1687 COMPILED FROM THE COLONIAL RECORDS AND OTHER ORIGINAL SOURCES BT LIEUT.- GEN. SIK J. H. LEFEOY, C.B., K.C.M.G., E.K.S. ROYAL ARTILLBET HON. MEMBEE OP THE NEW TOEK HISTOEICAI, SOCIETY SOMETIME GOVEENOR OF THE BEEMtTDAS VOL. II. 1650-168'? WITH MAP AND FACSIMILE OF A BERMUDA MS. LONDON LONGMANS, GEEEN, AND CO. 1879 All rights reserved PEEFACE TO THE SECOND VOLUME. The materials furnished by the Colony have been largely supplemented in this volume by documents preserved in the Public Eecord Office in London ; and it is entirely due to them, and to the courteous assistance of the officers of that department, especially of Mr. Noel Sainsbury^ that the Editor has been enabled to trace out the proceedings of the Crown against the Bermuda Company, and the commencement of the Eoyal Government. The principle followed in Volume I. of adhering very closely to the MS. in orthography, &c., has been sEghtly departed from in the present volume, to the extent of correcting many obvious mistakes, and of using capital letters in moderation, instead of emphasizing nearly every clause, and beginning a large proportion of the words with them, as became the fashion. Characteristic as it is of the period, it is very unpleasant to the modern eye in type. With a few exceptions that have escaped correction, proper names have also been distinguished by capitals, which is very frequently disregarded in the originals. The reign of Charles II. was characterised in Bermuda, as elsewhere, by a great social deterioration, evinced not only in morals but in education,^ and public spirit. The original letters of W. Milbourne, W. Eighton, and W. Peniston (who was proposed for the office of Governor by the revolutionary faction in 1684^), are illiterate to ' See p. 207. ' p. 642. VI PREFACE. an extraordinary degree ; and there appears to have been at that period a rudeness, violence, and disorder in the community, which faithfully reflects the age of piracy and buccaneering in the West Indies, of plots and factions at home. In printing the trials for witchcraft as a contribution to the literature of that subject, the Editor must guard against any supposition that the Bermudians were more ignorant or more superstitious than their contemporaries in the mother-country ; and they certainly were not so brutal. The Act of James I. stood on the Statute-book down to 1736 ; and among the national sins annually confessed by one body of Seceders from the Kirk of Scotland, at least so late as 1785, was ' that the penal statutes against witches have been repealed by Parliament contrary to the express law of God (Exod. xxii. 18).' No one who has not read the details of witch trials can have any idea of the revolting cruelties habitually practised against persons, chiefly women, charged with this imaginary offence, down to an advanced period in the last century. 'Locke had written upon government, Fletcher had been a patriot statesman, Bolingbroke had been a minister in the Augustan age of Queen Anne, ere this system of legal murder and torture was abolished.' ^ It is to the honour of the English settlers in Bermuda that this delusion in its active form had a short and, comparatively speak- ing, not very cruel course among them ; in a passive form it is not entirely extinct to this day. There was a reputed witch in 1872 : 'Pensioner . . . Top of the Hill, Hamilton, will find her,' was the mysterious direction given to one enquirer. Many an old negress passes for 'Tricky,' in which is meant more than is expressed. About twenty persons were prosecuted for this offence, and five of them executed. Perhaps one of the strangest episodes in the religious struggles of the 17th century is the attempt to found a settlement on the Island of Cigatio, in 1646 : a name ' Hugo Arnot, ' Criminal Trials in Scotland, from 1536 to 1784.' Edinburgh 1785, p. 369. PREFACE. Vll given by Columbus, but changed by the Adventurers into Eleutheria,^ to signify the pure religious liberty to be established there — a liberty going far beyond the relative freedom of Massachusetts Bay and New Plymouth, where indeed the yoke of ministers and elders was soon found to be more galling than that of bishops. This settlement was in its early history much linked with Bermuda, and the reader will find abundant materials for romance in the particulars recorded about it. In other respects these records throw some light on Church history, for we clearly find episcopal orders treated after the Eestoration as non-essential : some ministers were ordained and some were not ; those who were, like Nathaniel White and Sampson Bond, changed sides with so little hesitation, that we must infer the absence of the strong lines of demarcation since established. Most readers are familiar with the wholesale trans- portation of those more fortunate Scotch, Irish, and English prisoners of the civil wars who escaped execution. They were bought and sold like cattle, their bones lie in Jamaica, Barbadoes, Bermuda, Pennsylvania, and wherever else cheap labour was in demand ; but of their fortunes and social condition in the Plantations to which they were deported, little has ever been traced. These records aSbrd some glimpses of it. The passionate Scot who was made prison drudge for maiming a man ; ^ the wild Irish, who are ever ready to join the negroes in cutting the throats of the planters ; ' are samples of the elements introduced into the Colonies by these mistaken severities. They probably met nowhere with better treatment than among the homely rural population of Bermuda. Even the short-lived Monmouth rebellion had a perceptible efiect on the struggle of parties in the island,* and raised ' Frequently mentioned as Segiteo, Segateo, or Segatoo, a fact unknown to R. H. Major, when lie identified the island of Eleutheria with Cigateo, in his exhaustive investigation of the Landfall of Columbus (' Jouin. E. Geogr. Soe.' 1871). The writer has recently found it so marked in a map of the West Indies, by Le Sieur Bobert, Gtographe Ordinaire du Eoy, 1750 ; and also enumerated among the Bahamas in the Universal History. An ingenious conjecture that Eleutheria is a corrupted form of Isle de Tierra is hardly to be maintained in the face of the contemporary reference to its more obvious origin at p. 4 ; but, singularly enough, it is spelt Ilathera on an old chart by John Thornton. 2 p. 140. ' p. 159. " p. 560. Vm PREFACE. hopes which probably reflect its influence on more im- portant dependencies. A large part of this volume is filled with proceedings against the Quakers, a sect which has entirely disappeared from Bermuda. There, as elsewhere, the spirit of faction assumed the garb of piety, and some of the worst men in the community were foremost in loud profession ; yet there is something real in the courage and devotedness of several of the party. The defence of Parnell Wilkinson (p. 376) has a simple pathos in it which leaves no doubt of her sincerity. It will be seen at p. 730 that she was a woman of some property. The writer cannot conclude his labour without hold- ing up to the imitation of Colonies contemporary with Bermuda the remarkable and enhghtened liberahty shown by its Legislature in providing for the expense of the present publication. Diligent search in Antigiia, the Bahamas, Barbadoes, St. Christopher, Jamaica, Monserrat, Nevis, Newfoundland, New Brunswick, Nova Scotia, Prince Edward's Island, followed up at the Eecord Office in Lon- don, could scarcely fail to recover out of public or private sources matter, if not so copious, as interesting to their present and future inhabitants, as well calculated to stimu- late and satisfy a spirit of intelligent enquiry, and as illus- trative of English social history. Those who are well acquainted with the Bermuda of the present day will find innumerable keys, not without pohtical value and significance, to the interpretation of its many marked characteristics, in these Eecords. The like would probably be furnished in many other cases, and if it be true tha1>-- We are the ancifents of the earth And in the morning of the times Tennyson — the solution of the pressing Colonial problem, how small but independent insular communities, in these days, shall be grouped and governed, may yet receive aid from a more accurate knowledge of the moral foundations they severally stand on. PEEFACE. IX The subjoined list of original authorities relating to Bermuda, although probably imperfect, may be of use to future enquirers. The vignette below represents the sole surviving monument of a Bermuda which has ceased to exist. It is the North Eock, a group of pinnacles, the loftiest only fourteen or fifteen feet high, which rises from the outer reef at about eight miles distance from the nearest land, buffetted by the storms of countless ages, and itself slowly yielding to the doom of inevitable submergence. Few who have visited this spot, only accessible in the calmest weather, where not a sea-bird finds a resting place, can ever forget the impression of silence and solitude which it leaves on the mind. J. H. Lefroy. January 1, 1879. FroTft a Fhotograph taken Bee. 27, 1875. Eock bearing N. 80° W. at 115 feet distance. Greatest height 14^ feet. Lamination at a dip of 35° to the South. THE LITERATURE OF BERMUDA. 1526 Oviedo, ' De la Natural Hystoria de las Indias,' Toledo, 1626. 1694 ' Narrative of Henry May ' (Vol. I. p. 7), printed byHaklnyt in 1699. See also the Voyages of Sir James Lancaster, Kt., to the Bast Indies, &o., edited for the Hakluyt Society by Clements R. Markbam, 1877, p. 26 ; and in the same yolnme a brief notice by Lieut. Edmund Barker, who had touched at Bermuda in the 'Edward Bonaventure,' September 17, 1693, three months before May's shipwreck, p. 20. 1596 ' The Disco verie of the large. Rich and Beautiful empyre of Gviana &c.' Performed in the year 1596 by Sir W. Ralegh knight &o.' Imprinted at London by Peter Robinson ■d-to, 1596. 1600 ' Brief Narrative of the most remarkable things that Samuel Champlain of Brouage observed in the Western Indies, during the voyage which he made to the same in the years 1599-1602.' Clements Markham, in Publ. of the Hakluyt Society, London, 1859.^ 1601 'Historia General de los Hechos de los Castellanos en las Islas i Tierra firme del mar oceano.' Escrita por Antonio de Herrera, &c. Madrid, 1601 .^ 1610 ' A Trve Declaration of the estate of the Colonie in Virginia, with a confutation of such scandalous reports as haue tended to the disgrace of so worthy an enterprise.' Pub- lished by aduise and direction of the eouncell of Vir- ginia. London, Printed for William Barret, 4to, 1610. Contains probably the earliest notice of the Bermudas printed in England.'' 1610 ' A discovery of the Barmudas otherwise called the He of Divils ' by Sir Thomas Gates, Sir George Summers and Captain Newport with Diuers others, set forth for the loue of my country, and also for the good of the Planta- tion in Virginia by Sil Jourdan, 4to, 1610.^ 1610 ' Newes from Virginia ' of the Happy Arrival of that Famous and Worthy knight Sir Thomas Gates, and well reputed and valiant Captain Newport into England. By R. Rich, Soldier, 1610.6 II. p. 571. ' II. p. 572. ' I. p 5. ' I. p. 12. = I. p. 14. " II. p. 574. Xll THE LITERATUKE OF BERMUDA. Lord La "War, la Ware, De la War, arrived in Virginia, 9 June, 1610, and soon after sent Sir Thomas Gates home (Smith, p. 108) where he himself was constrained by sickness to follow him in March 1611 ; Gates returned in September, 1611. 1610 *A true repertory of the wracke and redemption of Sir Thomas Gates, knight, vpon and from the Ilands of the Bermudas, his comming to Vii'ginia and the estate of that Colonie then, and after, under the Gouernment of the Lord La Warre,' July 15, 1610, written by William Strachey, Esq. 'Purchas His Pilgrimes,' iv. London, 1625. ' Smith does not connect any event particularly with the date July 16, 1610, which is seven weeks after Lord De la Warr's arrival. 1612 ' The New Life of Virginia.' Declaring the former successe and present estate of that Plantation, being the Second Part of Nona Britannia. Published by authority of his Majesties oouncell of Virginia. London, Imprinted by Felix Kyngston for William Wilby, 1612. There is a short reference in this tract to the shipwreck and escape of Sir Thomas Gates and Sir George Sommers, adding, ' of whose long abode and preservation in these broken deserts, and of their strange and wonderfull deliuerie thence, it is already related and published by Sir Thomas Gates,' but the writer has met with no narrative bearing his name. 1613 ' A plaine description of the Barmodas, now called Sommer Islands, with the manner of their discovery Anno 1609, by the shipwrack and admirable delinerance of Sir Thomas Gates and Sir George Sommers,' wherein are truly set forth the commodities and profits of that Riche Pleasant and Healthfull eountrie, with an addition or more ample relation of diuers other remarkable matters concerning those islands since then experienced, latelie sent from thence by one of the Colonie now there resident.^ London, 1613. This publication calls itself the first book published to the world touching Sommer Islands, which, as Mr. Henry Stevens has pointed out, must have reference only to the recent adoption of that name. It is substantially a reprint of the ' Discovery of the Barmudas.' 1613 ' An Bpicede or Funerall song on the most disastrous Death of the High borne Prince of Men, Henry Prince of Wales.' ' The passage in which the Tempest of Sir George Sum- mers is referred to is quoted, II. p. 575. ' I. p. 22. 2 I. p. 14. * II. p. 575. THE LITERATURE OF BERMUDA. Xlll 1615 ' A letter sent to England from the Summer Islands,' written by Mr. Lewis Hughes a Preacher of Gods word there. 1615.1 Printed at London by I. B. for William Wilby, 1615. 1616 A letter dated 14 July, 1616, addressed by Bryan Cave to Mr. Thorpe, one of the Adventurers for the Sommer Islands, with, a marginal note by Daniel Tucker. MS. in possession of Reginald Cholmondeley, Esq., in 5th Report of the Historical MSS. Commission, p. 340. 1619 ' Petition to the King by the Companys for Virginia and the Somer Islands, setting forth that in consequence of a complaint by Alderman Johnson they had been perse- cuted and their books seized.' MS. in Earl de la Warr's collection at Knole Park. In 4th Report of the Hist. MSS. Commission, p. 283. 1621 ' A Plaine and true relation of the Goodnes of God towards the Sommer Hands written by way of exhortation, to stirre vp the people there to praise God.' Whereunto are added certaine questions and answers con- cerning the keeping holy of the Saboth day, and publicke exercises of religion Written in the Summer Islands for the benifit of the people there. By Lewis Hughes minister of God's Word. At London. Printed by Edward AU-de dwelling neare Ohrists Church 1621 pp. 46.^ 1622 ' Propositions agreed on by the Lord High Treasurer of England, and the Company of Virgiaia and Summer Islands, touching the sole importation of tobacco.' Dated Eeb. 27, 1622, and laid before a great General Court of the Virginia Company, July 10, 1622. This paper, formerly in th.e collection of the Duke of Dorset, with others relating to the subject, appears to have been consulted in the original, by Rev. D. Peckard, and is quoted at some length in his life of Nicholas Eerrar, 1790. It is not referred to by Mr. B. D. Neill in his ' History of the Virginia Company of London,' Munsell, Albany, N.T., 1869. 1622 Orders and Constitutions, given in full. Vol. I. pp. 182-228. 1623 Petition by the Somers Islands Company to the Lord Trea- surer, stating that they have brought their crop of Tobacco to the Port of London, that it is of mean quality, inferior to that brought from Spain, and praying for a remission of Duty. MS. in Earl de la Warr's collection in 4th Report of Hist. MSS. Commission, p. 284. ' II. p. 577. ' II. p. 580. XIV THE LITERATURE OF BERMUDA. 1626 ' The Generall Historie of Virginia, New England and the Summer Isles, with the names of the Adventurers, Plan- ters and Grovernours from their first beginning An. 1584 to this present 1626, with the proceedings of those severall colonies, and the accidents that befell them in all their Journyes and Discoveries. Also, the Maps and Descrip- tions of all those contryes, their Commodities, People, Government, Castomes, and Religion yet knowne.' Divided into sixe Bookes by Captain John Smith, some- tymes Governour in those Countryes and Admirall of New England. London, 1627.' There are later editions — 1629 and 1632— which con- tinue the history to 1629. There is also an edition of 1624. The prospectus appeared in 1623. 1630. ' The True Travels Adventures and observations of Captaine John Smith in Europe, Asia, AfFrica, and America from Anno Domini 1593 to 1629, etc' Together with a con- tinuation of his Generall History of Virginia. Summer lies, New England their proceedings, since 1626 to this present 1629, as also of the new Plantations of the great river of the Amazons, the lies of S' Christopher, Mevis and Barbadoes in the West Indies. All written by actual authours whose names you shall finde along the History. London Printed by E. H. for Thomas Slater, and are to bee sold at the Blew Bible in Greene Arbour 1680. The part relating to the Summer Islands is reproduced in subsequent editions of the General History, and has been given in vol. i. p. 498. 1631 Probable date of an unpublisshed MS. History of the Ber- mudas in the British Museum, Sloane MS. 750. There is a strong presumption from internal evidence that it is by Captain John Smith. 1640 ' Certain Greevances well worthy the serious consideration of the Right Hon. and High Court of Parliament, set forth by way of Dialogue or conference between a country gentleman and a minister of God's Word for the satisfy- ing of those that doe Clamour and malitiously revile them that labour to have the errors of the Booke of Com- mon Prayer reformed.' By Lewes Hewes minister of God's Word. (The Gentleman was William Snelling.) Imprinted in the yeare 1640 small 4to. 1641 ' The Company of London for the Plantation of the Summer Islands petition the House of Commons representing that they are constrained under great penalties to bring all the Tobaccos grown in those Islands to the Port of London , without vending any part thereof elsewhere, to the end His Majesty may receive custom and impost for the ' Incorporated in Vol. I. THE LITERATURE OF BERMUDA. XV same. They have Bustained great losses by having large quantities of Tobacco unsold in the said Port for three years and upwards, and pray for leave to export the Tobacco without paying either custom or impost.' Commons Journal II., 66, in Calendar of the MSS. of the House of Lords, in the 4th Eeport of the Hist. MSS. Commission, p. 66. 1644 ' A Declaration of the Right Hon. Robert Earl Warwick, Lord High Admiral of England,' and of all the Plan- tations belonging to any his Majesties the King of Englands subjects upon the coasts of America, Governor of the Company of London for the Plantation of the Summer Islands and of the said Company,' 13 October, 1644, 4to, pp. 4. Two Petitions from Bermuda, one addressed to Parlia- ment, the other to the Company, without date, are appended. These Petitions are also printed by Prynne, and answered by N. White in the Pamphlets quoted next. 1646 ' A Fresh Discovery of some Prodigious New Wandering Biasing Stars and Firebrands styling themselves New Lights, &c.' By William Prynne of Lincolns Inn Esq'''^ London. Printed by John Madock for Michael Spark 1646. See Vol. I. p. 679, for the title-page of this pamphlet in full. The 2nd edition has an Appendix, containing some letters, papers, and a Petition from the Somers Islands.^ 1646-7 ' Truth gloriously appearing from under the sad and sable cloud of obloquie or a Vindication of the Practice of the Church of Christ in the Summer Islands &c. by Nathaniel White, Bachelor of Divinity and Pastor of the Church of Christ at the Summers Islands.' London, Printed by G. Calvert ; no date. See Vol. I. p. 580 for the title-page of this pamphlet in full. It contains answers to R. Beake, R. Norwood and W. Prynne. Also a postscript contain- ing an Answer to the Petitions printed Vol. I. pp. 603-9 and 609-10, and a disclaimer of another Petition emanat- ting from his own party, and signed by the Sheriff W. Rener, Capt. W. Seymer, Capt. R. Jenyns and about 120 more. 1647 N. Ward. A Sermon preached before the Honourable House of Commons at their monthly Fast, being on Wednesday, June 30, 1647. By Nathaniel Ward, mini- ster of God's Word (long a minister in Bermuda). London, Printed by R. J. for Stephen Bovftell, at the signe of the Bible in Pope's Head Alley, 1647. Boston Public Library. 1661. ' Copy of a Petition from the Governor and Company of the Sommer Islands with annexed Papers, presented to the ' I. p. 586. 2 i_ p 603-9. XVI THE LITERATURE OF BERMUDA. Rt. Hon. the Council of State, July 19, 1651. Other copies of several letters from Captain Josias Forster, Governor of the said islands, and from the said Governor and Council, with a Petition from the inhabitants. Tor the pertinent information of the several members that are, or have been, of the Council of State, and others who maybe willing to understand the same.' London, 1661. 1676 ' A true relation of the just and unjust Proceedings of the Somer Islands Company in relation to 20 shares of Land that Perient Trott bought of the Rt Honble the late Robert Earl of Warwick, the 22 February, 1658,' &o} 1682 ' A Public Tryal of the Quakers in Bermuda upon the 1st day of May 1678.' By Sampson Bond, late Preacher of the Gospel in Bermudas. Boston in New England, 1682.^ 1808 ' Narrative of a Mission to Nova Scotia, New Brunswick, and the Somer's Islands,' by Joshua Marsden. Kershaw, London, 1827. 8vo. pp. 348. The Rev. J. Marsden was a Methodist Minister who landed in Bermuda May 15, 1808, and left it March 1812. The book is remarkable for its account of the persecution and sufferings of the missionary who preceded him in 1799, Mr. Stevenson, who was imprisoned six months and fined £hO for, as he alleged, ' Preaching the Gospel of Jesus Christ to African Blacks and captive Negros.' The legislature of Bermuda in 1800 passed an Act to suppress these missionary efforts, and he himself encountered much opposition from the Magistracy and Planters. 1824 ' Sketches of Bermuda,' by Richard Cotter, Purser R.N. London, Effingham Wilson, 1824. 8vo. pp. 69. This little work preserves the romantic story of ' Murder by Mistake,' admirably related (with embellishments) in ' All the Tear Round.'^ There are more recent works, several of which have been referred to in the text. These are all the Editor knows that have an historical value. • II. p.. 445. « II. pp. 460, 639. ' For Aug. 27, 1864. CONTENTS OF THE SECOND VOLUME, CHAPTEE XI. A.D. 1650-1658. PAGE Governor Forster, under the Commonwealth — A new Com- mittee — Establishment of Blentheria — Petitions — Witch- craft — Reign of Puritanism — -Massachusetts Indians — Frauds in the Tobacco trade — Presentments — Scottish and Irish prisoners — ^Amnesty to the late Royal party — Negro plot — Civil marriages — Treasure-trove . . 1 CHAPTER XII. A.D. 1658-1662. Governor W. Sayle ; accusations against him — Death of Cromwell — Runaway Negroes sent back from England — Norwood's second Survey — Advent of the Quakers — Proclamation of Richard Cromwell and of Charles II. — Transportation to Bermuda — Irish and Negroes com- bine — Estates of Regicides confiscated — Olive oil made — A great Drought — 'Rie Whale Fishery . . .117 CHAPTER XIII. A.D. 1662-1668. Governor Florentius Seymour — A new Assembly called — Argu- ments for free trade — Divorces — Settlement of the Caro- linas — The Plague of London — Lex Mercatoria — The Whale Fishery — An Earthquake — An Epidemic — Severi- ties against Negroes — A domestic picture — War with Holland — Tortola — A Day of Humiliation^ — Duties of Churchwardens — The Royal Society — The Whale Fishery . . . . . . .186 VOL. II. tl XVIU CONTENTS. CHAPTER XIV. A.D. 1668-1669. PAGE Goyernor "W. Whalley — His quarrels — A court of Piepoudre — The Royal Society — R. Stafford's replies — The Tortola negroes — linprisonment of Rev. S. Smith — Acts against Quakers— Will of Rev. Nathaniel White— The Whale Fishery . . . . . . .260 CHAPTER XV. A.D. 1669-1673. Governor Sir John Heydon — Laws enacted — Prosecution of Quakers — Baptism of slaves — Their struggle for emanci- pation — Expedition to S. Carolina — A new Whaling Company — Difficulty with the Clergy — Conflict of the Company with Perient Trott — Lex Mercatoria — Rev. S. Bond expelled — Poetical description of Bermuda, 1671 — Contraband trade war with Holland — Remonstrances of the Company — Quaker trials — A General Assembly . 285 fCHAPTER XVI. A.D. 1673-1681. Governor Sir J. Heydon (cont*) — ^Autocratic rule of the Com- pany — Letter from Charles II. — Negro plot — Several executions — Musters — Peace with Holland — Seizure of Perient Trott's efBects and his lands — ^Various Laws — Death of R. Norwood — Statistical returns — Severities against Quakers — Trott's pamphlet — Councils of War — Turk's Islands — Petitions and agrievances — The Crown interferes — The first writ of Quo Warranto . . 385 CHAPTER XVII. A.D 1681-1682. Governor Plorentius Seymour — Sir J. Heydon recalled — Legal proceedings against the Company — A second writ of Quo Warranto — More Petitions — Death of Captain Plorentius Seymour — H. Durham succeeds , . 602 CHAPTER XVIII. A.D. 1683-1687. Governor Colonel R. Coney — His instructions — Judgment against the Bermuda Company — The Crown takes pos- session — A new commission to Coney — Debts of the Com- CONTENTS. XIX pany — An assembly held — James II. proclaimed — Articles against Coney ; his vindication of himself — His accounts of society in Bermuda — Virulence of faction — General 516 Anarchy — Oonclasion. APPENDIX. I. Additional early notices of Bermuda, by Sir W. Raleigh and the Sieur de Champlain . . . 671 II. Shakespeare and Somers : R. Rich . . . 673 III. Letter of Rev. Lewis Hughes, 1615 . . .677 IV. Further remarks on the Liturgy of Guernsey and Jersey, introduced in 1620 , . . . .588 V. Ifote on the work ordered by James I. in 1626, to be sent to the Plantations .... 692 VI. Note of some Laws passed 1632-1649 . . 693 VII. Note on the Identification of Sir N. Riche, Kt. . 694 VIII. Note on the supposed residence of Edmund Waller, in Bermuda . . . . . . 595 IX. Catalogue of Books in the Public Library, Bermuda, in 1655 . . . . . .697 X. Abstract of Trials for Witchcraft in Bermuda, 1661 to 1696 601 XI. A Letter from the Governor and Council in Bermuda to the Company, 1669 . . . . .634 XII. Public Disputation with the Quakers, 1678 — Followed by a Letter from Governor William Sayle in the Carolinas, relating to the Rev. Sampson Bond . 639 Testimony to Bond's Piety .... 640a XIII. Royal Instructions concerning the Revenue, 1 686 . 641 XIV. The Governor as Ordinary, 1694 . . . 643 XV. Norwood's Book of Survey, 1663, with a separate Index to owners and occupiers of land . . . 645 Index op Pebsons ...... 733 Index of Subjects ... . . 746 LIST OF ILLUSTRATIONS. — ♦ — A TIEW or THE KINO's CASTLE FROM SOUTHAMPTON FOET . Frmiiispiece VIGNETTE OF THE NOKTH EOCK . . . , at end of Preface POEIEAII OF JACOB MINOES to face page 48 THE SACEAMENTAL CUP OF DBVONSHIEE PAEISH . . . „ 116 FACSIMILE OF MS. ........ to foce page 125 THE EEMAINS OF CHAELES FOET OFF THE ENIEANCE TO THE CASTLE HAEBOUE, 1878 tO foCC „ 129 A BEEMUDA BOAT IN 1670 „ 343 THE SILVEE OAE OF BBEMUDA to face „ 570 A NEW PIECE OF HOG MONET, VALUE 2d „ 587 MAP. THE BEEMUEAS, AS BEAWN BX EXCHAED NOEWOOB, 1663, COMPAEED WITH THE ADMIEALTT CHAEI OF THE PEESBNT DAY to face page 645 ERRATA AND ADDENDA. Page xii The date of the Bpicede is 1612 not 1613. 40 Head line, for " 1652" read " 1653." 45 Line 22, for " come" read " corne." 78 Head line, for " Treason " read " Treasure." 79 Note, ^yrfe?- Newfoundland iB«ert from 1844. It may be added, that appointments to benefices were made by the Bishop of London in the eighteenth century. 80 Line 9 from bottom,/or "recorded" read "recovered." 125 It shonld have been noted that Eichard Cromwell had resigned his Protectorate on the 22nd April, nearly three months before he was proclaimed in Bermuda. 141 Note. The statement that Norwood once resided in the house now known as his, appears to be a mistake. It is of later date, but there are remains of his dwelling-house. 148 Note. The statement that the Episcopal Church was in 1661 the established church of all the Colonies, requires qualification. It was never established in some of the New England colonies. 213 No. 24. An unexampled series of shocks visited Lower Canada about this time, of which the record by the Jesuit Father Lallement was translated by M. Lemoine of Quebec, 1876. There are evidences of earthquake action in some of the caves. 281 No. 22. Heydon had been knighted since 1663, being always re- ferred to by Norwood in that year as Mr. John Heydon. See p. 714. 337 Lines 21-22, for " Just " read " Inst. " (Institutes). 370 Line 9, for " Mr. Trear " read " Mr. Treasurer." 371 Note. The word Mundungus is given by Johnson as "stinking tobacco. Bailey." /See also Grose's Classical Dictionary of the Vulgar Tongue. 423 M9- " Geodessic " read " Geodesic." 447 Note. 'White-bone' and 'blue-bone' porgays are varieties still acknowledged. The former is most esteemed for the table, and is ' porgy ' proper. The latter is less ' common, and is chiefly found on the south side. J. H. D. 448 Note. 11 lines from bottom, far " 1688 " read " 1658." 457 Line IS, for "windward water" read " wind and water." 470 Line 17, fur " 1876 " read " 1676." 490 Line 9, for " 18th " read " 13th." 491 Line 2, for "noUi prosequi" read "nolle prosequi." Note,/w " Poden " read " Noden,"/or " clament " read " clamant." 550 Par. 7. The vessel was the ketch " L'Amitie " from Martinique, bound for Cadiz. 551 Last line. Bond petitioned the Crown. Petition received 26 July, 1686. Col. Papers. 575 A line has been omitted : read Their Drum the thtmder ; and their colours lightning. Both souldiers in the battel ; one contending To drown the waves in noyse, etc. The poem preceded the performance referred to. MEMORIALS OF THE BEEMUDAS. CHAPTER XI. A.D. 1650-1658. CONTINUANCE AND CONCLUSION OF THB GOVEENMENT OF CAPTAIN JOSIAS FOESTEE, UNDEE THE COMMONWEALTH. 1. The first volume of this work carried the record chap. of the Plantation of the Somers Islands down to February . ^^- 165.1, when the inhabitants at last took the oath of aUe- i66o-i658 giance to the Commonwealth of England ' as it is now established without a King or House of Lords.' The impunity with which they were permitted to defy the forces of the State for two years is easily explained by the little communication they had with the mother-coun- try and by the absence of any strong political or commer- cial motives for the enforcement of an earlier obedience. Since, however, that volume was printed the editor has found a pamphlet of 1651 ^ which throws so much hght on some of the events of 1650 that it is necessary to retrace our steps a little. Captain Josias Forster came to Bermuda in the Dorset, which arrived about August 1635, and succeeded Thomas ' Copy of a Petition (see p. 22) from the Governor and Company of the Sommer Islimds with annexed Papers, presented to the Et. Hon. the Council of State, July 19, 1651. Other copies of several letters from Captain Josias For- ster, Governor of the said islands, and from the said Governor and Council, with a Petition from the inhabitants. For the pertinent information of the several members that are, or have been, of the Council of State, and others who may be willing to understand the same. London, 1651. VOL. II. B \« I THE COMPANY TO FOESTEE, 1650. CHAP. Stokes as Secretary in 1636 or 1637.^ Appointed to this ^"3l_ office at a time when Eoyahst and High Churcli prin- 1650-1658. cipies ruled in the governing body, he no doubt affected a zeal for them, and we find the Eev. Nathaniel White in 1645 denouncing liim for his hatred of the Indepen- dents.^ His sympathies, however, were altogether with the Puritan side, and it is evident that he had friends in power wko were able to satisfy the Council of State of hife devotion,'^&nd to procure his nomination as Governor.^ The first letter he received has been preserved, but it is unfortunately in a mutilated state, without date, and previous to the discovery of the pamphlet in question had been assigned to a later period. It is evident, however, from the concluding paragraph, that it is the letter of January 1, 1650, referred to in the subsequent corre- spondence. The portions in italics are restorations neces- sary to make it readable. 2. Letter from the Committee in London to Captain Josias Forster : — London 1 January 164| Captfforster After our hearty commendations. Foras- Tnuch as the tim,e is now come on euery parte to lay aside those angry Controversies w'" have prevailed soe long, and to seek only the good of the Islands in generall & religeous con- cord in p.ticular. Wee being now entrusted w* the Grou''ment, and a comission from the Council of state, do earnestly desier to the best of our skill to ymprove for the generall welfare of the Plantation and the encouragement of them that desier to feare Grod, that authoritie wee possess. And by the poiver giuen to vs wee haue chosen yourselfe our deputy Grou^'nor and com,7nander of the king's Castle upon good reporte of your ten- dernes and vsefullnes to the cause of the commonwealth. Wee trust you wilbe very actiue and a wall to and for vs in seekeing the good of the Company and wee assuer you that to our power we shall encourage and recompense your paines therein Now you are to take notice that your generall letters to the late company have been some of them taken awaye or by some casualty lost, and therefore you must not expect from vs, now ' See the attestation to a document dated January 9, 163f, MS. vol. ii. ^ Vol. i. p. 607. See also N. W^hite's ' Truth Gloriously Appearing, &c.,' where he declares that Forster published the King's Proclamation, ' as he confessed, that he might vex them.' » Vol. i. p. 6S8. APPLrCATlON TO NEW ENGLAND FOR MINISTERS. 3 an auswere to the particulars thereof, yet wee hope l/self and chap. the councill and all other sober minded people in the Ilands will . -^^- fynd in this that we looke to your wants and desiers, soe far as 1650-1668. they are in the compasse of our meanes and possibility and to begin with that w"*" ought to be indeed the beginninges of your desiers and endeavour That is y"" spirituall good to be carried on with faythfuU teachers Our paynes and care jointly and severally to provide and perswade such naen to you as yet hath not bin so successive as wee could wish, and wee think yt better for the peace of the people, to have holy and vnblameable men to be Eeaders in euery tribe the names of whom you shall place in that worke wee desier by the next Than to have such cor- rupt and Turbulent persons , vnder the pretence & name of ministers as of Late (contrary to our myndes) you have bin anoyed w* : yet wee say not this as if wee or you should be content w'^out able and preacheing ministers. And therefore wee haue written and sent already to the maiestrates of New England and churches there to be helpfull to you in this : and have sent you a coppy of our letters to be sent thither lest they otherwise should miscarry And we judge yt would be well if you did from your Hand expresse your owne wants and desiers to the same handes w"" may add some further motiues to some good men to come over to help you and not to ddsappoint you our purpose is to send now or hereafter some good man hence if the Lord should bring any such to our hands In the meane tyme we comend vnto your care a search throughout the land for such good men as shall by the good help of the Lord be minded to labor amongst you for the worke aforesaid. In the next place wee may take notice (properly) of that w* cometh next in order to the good of the people, we meane, the nurture of the youth m letters and godlines, "Wee vnder- stand from Mr Norwood that he is willing to quitt him of his charge and likewise wee here what hath bin presented by y' Grand Inquest concerning their disappoyntment in that Schole And the remedy vpon the premises, it seemeth to vs is that from henceforth : That two shares of the schoole lands that go best w"" the house, shalbe for the vse of some man whom as minister you shall present vnto vs Provided that he teach the children their rudiments as well as the Grammer or any part of the Mathematicks if a man in that way able shalbe found : And for the other eight shares of school land they shall be by you the Gou'^nor and councell disposed on thus. A share to each of the readers in the tribes reckoning the towne for one, to be for the encouragement of any inofensive men that vndertake teacheing childeren in each Tribe and wee desier that accordingly you pre- sent vnto vs whom you do soe nomynate who will with this B 2 THE COMPANY TO FORSTEK, 1650. encouragement And the ^Nages paid by the freindes of the chil- _ deren discharge thjs worke willinglye and diligently. I6ooli668. We shall now 'descend to the grieuances alleged by the Hands, the restrient of trade especially, w"" some thinke bondage And first we do assuer you that sundry of vs have no share in the trade, and all of vs (notwithstanding any such interest) do Tpiotest and assuer you within a safe and righteous way that such an Hand is [not ?] capable of engaging us here spending and bin spent in your affayers hadwe not Eeally desiered your good To this end we desier you the Grou^'nor and Councell w"" some others such as you shall thinke fitt to call to your assist- ance to draw vp proposals for the better regulating of our magazine ships or the employment of others. We pray you to keep in your eye the necessity of maynteyn- ing some ministers in the several Tribes, when any come amongst you, also the state will expect them to be entertained, and reason requiers that some officers both here and there for the . . . people (sic) many other things we might present to your viewe but shall at this time postTpone their consider- ations and our further debate w""" any from you or y"^ people Wee will now only add the uncertainty of shipping and the want of some convenient Oom-ittee to manage a small and soUitary plantation are soe great mischances That your distressed neigh- bours in Eleutheria had not so sadd experience thereof Such liberty the lord avert from you in Bermodas, that your Hand in no sence be called Elutheria : And now we have mentioned that place we will speake of the banishment and other sufferinges of those and other people for their good affection to parla- raent and reformation : And we do hereby let you know that those late courses of the superstitious and Eoyall party are deeply resented by the greater part that are entrusted by them {sic) : and the cold if not false proceedings of the late Company herein have very much distasted the gou''ment here Therefore we requier you the Gou''nor and Councell to state the matter of fact And giue report of some moderate way of satisfaction to the sufferers and also examyne and report how and from whom that great persecution and voyolence did spring whether from orders from hence or by the meere malice of Cap' Turnor and Mr Trimingham and other leading men in the Hand : And houeuer you were deluded by the late Gompa to beleive the re- port and pretence of an Act of indempnity w'^" indeed they did not even seek for the Hand, yet wee shall manage the busi- nes w'" that tendernes justice and care mafceing a difference betweene principal Actors, and they that were acted upon de- ceiued or forced by them. Wee do alsoe hereby declare all BANISHED PERSONS RECALLED. those sentances of former Banishment to be vnjust voyd and chap. null And do accordingly envite all the sufferers whether in your ■^^- , Hand or elswhere Vanished from thence to repaier to their i6oO-lC58. sett" rights, and make thier complaints and ivee are resolued to o''power to make just and equal! reparacons and this we desier may be notified to the partyes concerned, wee further think fitt that none of them that were in Armes for Charles the Second, may be hence forth (at least for these ten yeaies) trusted in any office ciuili or military except wee shall see important reasons to trust any sooner. We desier you to cause Capt Thomas Turnnor to pay that part of the late wrecfe that came to his hands and belonges to the Company w"' whose rightes wee are now invested And in case of nonpayment to secuer his estate vntill satisfaction be given, and to give an accompt of all lands that haue bin publique or so reputed and enquier if that Land at Deep bay now in posses- sion of Captain Wood were not publicke lands. And whereas ther was an order sent ouer by the company for leuieing a tax of three halfepence the pound vpon tobacco vpon those who should trad w"" any but the companyes shipp wee desier you to take an accoumpt from the proper commis- sioners how farr they haue proceeded therein And as for M' Pitts or any others agaynst whome ther hath bin any legall course taken, you are to examine the matter of ffact and to certifye the same w*" your opinion therevpon. And should pennitt noe further prosecution eyther vpon that or the Act of henaishment vntill you shall receiue further order from vs : We are very sensible of the publique officers neglect of the amunition and guns w"' have bin by vs formerly sent ouer for the preservation of the Islands for wee haue not receiued any account how they haue ben disposed of or what is thereof remayneing or wher they are, but to the end That you may see wee value the safety of the Islands more than our owne profits Wee haue sent you by this shipp thirty musketts, thirty ban- dleers, and sixe hundred of match wee deseir that care may be taken thereof they be distributed for the service of the Islands. And that by the next wee may have an account thereof Wee do likewise thinke iitt that all shipps bound for Bar- bados or to any other of the Caribbee Hands shall ride in the towne harbor for greater convenience of searching them and veiweing of what they shall carry from yov,r Islands and not lye in any other place to lade Wee to our very great griefe & saddeing of our sperritt have receiued infm^mcdion that sins of drunkennes sweareing lyeing p'phannes whoring extorsion and other vices do abound now in the Islands more that ever w'" doubtles will draw downe 6 THE COMPANY TO FORSTEE, 1650. CHAP, the Judgments of Q-od upon the inhabitants And that you , . that are in the Gou''ment may not be partakers of their sins 1650-1658. -vfee do hereby requier you to take speciall care and giue strict charg to the grand Inquest that they make diligent search & enquiry concerning such offenders, that the names of such per- sons may be presented" to you the G-ou''no'' & councell whom we requier severely to punish such offenders according to Lawe The late Company sent a commission to M^ Norwood Capt" Jennings & others to make examyuation of the Spanish wrecke ' wee do now desier you to call to Captain Jennings for the said examynations & by the next to send over copies thereof unto us Wee understand that the Houses standing upon the com- pany's lands & upon the G-leabes are much decayed & the cedar & other woods growing upon the said Company's lands are very much wasted and destroyed wee do therefore desier you to take especial order that the tenants inhabiting the said houses be enioyned to maintayne the same in good repayre And that noe wast or delapidations of houses cedares & other woods be made upon the said Islands Wee requier you Capt" fforster that noe cedar upon any pre- tence whatsoever be carried awaye save only what shallbe for chists hogsheds & other caskes wherein Tobacco or other como- dytyes of the growth of the Bermodas is packed notw"'standing any former warrant or warrants whatsoever Concerninge the Appeal of Eobert Dickenson Thomas ffors- ter & Severall others in favor of such matters as hath bin sett forth in their petition presented unto us by M"" Edward Peniston Wee shall desier you to send the full state of the said causes & the proofes & examynations taken therein & two coppyes of all papers tuching the said causes that so vaemay be the better able to determyne thereof accordinge to right & Justice And the meane tyme wee doe requier that all appeales shall stand in force And no further proceedings shall .... be made therein until wee have receaved the coppy of the last generall letter, and a certificate of what appeales you have graunted And now wee direct for the futuer, upon any appeales allowed in your courte that you do certifie us of the proofes & proceedinges there : that soe wee may the better take notice thereof Wee shall readyly receave all appeales allowed of by you & transmitfecZ to vs . . . . And willingly labor to do them all lawful! Justice soe if any man shall make his appeale from you'' court to us & shall not make good his appeale without good and sufficient grounds he shall pay such costs & damages as wee think fitt to order. ' A ship laden -with silver, -wrecked May, 1642. SUNDRY APPOINTMENTS. CHAP. XI. TFise recommenA to you Capt fiforster & y' councell the case of M'' Leonard Ward concerning some land taken from him & his Tennants by M' Thomas Turner late Gou^'ner ' 1650-1658, w"" desier the same may be enquiered into & certified under a/o''7ner order A coppy whereof we haue sent herewith to you Wee haue chosen & appoynted M' William Wilkinson to be Capt of the ffort commonly called the Kinge's Castle in the Somer Islands also commissioner in the roome & stead of Capt Eichard Jenyns & do declare hereby his commission to be void & null And do requier you the Grou^'nor & Councell to put him the said Captain William Wilkinson forth with into possession of such plaxe w'" all the emunityes thereunto be- longing accordinge to the commission wee haue sent herewith for that purpose and to take an accoTnpt of all Amunition & other thinges whatever belonging unto the said castle & cause a true coppy thereof to be transmitted unto us Wee haue chosen & appoynted M'' John Todd to be mar- shall in the roome of M" John Stowe and requier you the G-ou'nor & Councell forthwith to see the s^ John Todd in- vested in the same w* all the emunityes belonging to the said place for w* wee have sent herewith him a commission Wee are sensible that some if not all the houses & lands belonging to the Gleabs and publicke lands & some servants belonging to the Company are in the possession of Jf' Viner's widdow,^ M" Vaughan y° late Secretary & severall others, w"" wee noe wise approve of and therefore do requier you the Gov''nor & Councell cause a striate accompt to be taken of eu^ry part & parcell thereof, what rents hath bin paid for the same, & unto whom & how much in arreares upon the same is oweinge, and forthwith to take all & eu^ry part & person into y' cos- todye except such as of right belonges unto any the officers, and to dispose of so many of the houses & so much of the lands aTnong such persons as have bin banished & are destitute (at reasonable rates) & for the rest of the houses lands & ser- vants, to take unto your care & them cause to be ymproved untill you shall receaue further orders Wee doe thinke fitt & doe order that you Capt" fforster doe call a,n Assemibly and hold Assizes before the ship returne Wee doe likewise think fitt & doe order that a true coppy of the late Company's last generall letter to be transcribed & sent over unto us by the magazine shipp the orriginall being eyther conveyed away or lost whereby wee are uncapable to answer y"^ desiers in any particular therein conteyned We do likewise recommend unto your care M" Wages busines wc zue ' See vol. i. p. 624. ^ Rev. William Viner, a Royalist minister, died in December, 1647. O THE COMPANY TO FORSTEE, 1650. CHAP. j),ray you assist his lawful! attorney in all thinges that are just ..^ ^}' . &. right towards him & Eoger Axen, weehaveing examyned the 1650-1658. Articles & bond for perforirrumice of covenants Wee are very sensible that many & needles vexatious suits are brought in your Courts against men And some throwne out of theire possessions by men of Troublesome spirritts : wee desier to be very tender in the premises As wee doe in noe wise desier that any man sholdbe defrauded of Ms due, soe also that none shold be sued before the cause haue bin heard before us here, or you the Gou'^er & Counsell there We doe also comend unto you M' Webbes busines he haveing hvought a certificate under both his Attorneys hands that no declaraiioTi. hath been put in agaynst M'' Pitts & his wife at the suite of M"" John Johnson Certyfied here in court by M' John Thurlby M"' Pitt his owner Wee have sent you a Barrell of Powder w""" you shall receive of our magazine shipp for the service of the contrey And now Capt fforster wee in testimony of our loue to you here you haue as a token the sume of Twenty pounds w°" wee haue desired M' Edward Poad husband of o"" Company to lay out in comodities Assuring you that wee do not approve of the hard laMguage used last yeare by the Generall Letter.' And that you shall ijnd in vs ffrendes to all those that loue Justice & righteousnes And so wee bid you hartily farewell Y' very loving fifrends Nath Rich John Oxenbridge Owen Rowe Leonard Ward Joseph Todd Isack Uowe 3. Captain Forster replied by the following : Capt Josias Fforster to the Honorable Company of Adventurers for the Sommer Islands 7 Sept 1 650 Honorable Company, Having an opportunity offered at present, I can do no less in discharge of my Duty, then present these few lines unto you, giving you to understand that your Magazine Ship the King of Poland, arrived the 22°'' of May last, by which I received your Commission for the Grovernment here, and was freely and peace- ably admitted to the Place without the least interruption, contrary to the expectation of many here amongst us ; for that in the moneth of September last the country in general rose up ' No general letters of 1648 or 1649 have been found. See vol i p 622 for that of 1647. ELEUTHEEIA A FAILURE. in Arms, outed Captain Turne?- of his Government surreptitiously gotten, placed in his room Mr. John Tri/mmenghatn^ forced Mr. Nathcmiel Whyte and some others of his Congregation, to go 1660-1658. ■with Captain Sayle to his New Plantation, who as we hear are all safely arrived : But Letters from thence certifie that the little Island they are upon, is a most barren Kock, shallow Earth, not hopeful to produce food for the Inhabitants, which hath stirred up the hearts of their Christian friends in New England, to manifest their exceeding Bounty towards them, by a charit- able Contribution of at least six or seven hundred Pounds ster- ling, as I have understood by Mr. Philip Chadock, who sayled by our Island in June last, in a Vessel laden with all maner of Provisions and other Necessaries for them, in case they are in want./* Upon the Arrival of your Ship I made enquiry what quan- tity of the last years Tobacco could be found in the Countrey, and upon diligent search I could not hear of above P^orty or Fifty Thousand at the most, wherefore the Master and we thought fit to lay up the Ship, and stay for this years Crop, which I hope will redound much to your advantage : For by the blessing of Grod I can assure you, that your Ship will have her full Lading of Tobacco which will be very good, if the judgment of men better experienced then my self do not fail : And be you assured, her dispatch hence shall be with all expedition prosecuted to the uttermost of my power. It rests now upon me to give you Account of the present condition of the people of the Island, who (I thank Grod) are in a fair posture of peace, and very hopeful so to continue ; for I have (by Gods blessing upon my weak Endeavors and extra- ordinary pains taking, and by my powerful presence in each Tribe, with publique Declarations) so prevailed with the people ' See vol. i. p. 654. ' This statement is confirmed by the subjoined entry in the ' Wonder Working Providence, &c.' sub. 1651. A fuller explanation will be found further on. 'About this time the Lord was pleased to gather together a people in the Bermoodas, whose hearts being guided by the rule of the Word, they gathered into a church of Christ according to the rules of the Gospel, being provided with able persons, indued with gifts from the Lord to administer M' Nathaniel White unto them the holy things of God, and after M' Patrick Copeland they began to be opposed their reverend elder M' William Golding Mr. Goulding came into these parts and from hence he went to England : but this little flock of Christ not long after being banished from thence, went to one of the Southern Islands, where they endured much hardship ; and which the churches of Christ in these parts understanding, about six or eight of them contributing toward their want, gathered about :S800 to supply their necessity : the which they shipped in a small vessel hired for that end and sent by tho hand of two brethren both corne and other necessities ; they arriving in safety by the blessing of God upon their labours, were well welcomed by their brethren. . . (' Wonder working Providence of Sions Saviour in New England,' ch. xi. Mass. Hist. Soc. Collections, Ser. II., vol. v ii. p. 30.) 10 FOESTER TO THE COMPANY, 1650. CHAT, in general, that they vow and protest with oae heart and Toice - '^^' . . for the future not to act ought that may any ways prejudice the 1660-1668. peaceable Grovernment of the Islands under you the Honorable Company and your Substitutes ; But will in all things readily, willingly and chearfuUy submit unto all and every of your law- ful Commands, and will with the hazard of their lives maintain your and their lawful Eights against all Opposers whatsoever. There is one thing more I must acquaint you withal, which is, That the Countrey will not admit of Captain Jennings to be Captain of the Kings Castle, according to your Commission ; for that they have been informed, that he upon Treaty with other Gentlemen in England, hath condescended to give them admittance into our Harbor with Ship or Ships of force, whereby the Island may be lost, and the Government utterly destroyed : But for my part I hope better things of him, and do beKeve they can never make good their Charge against him, howsoever I and the Councel have thought good to suspend him from the Place for the present. This Ship brought with her Mr. Pitts, and other Gentlemen of these Islands, Passengers from S. Christophers, who do inform us, that meeting with certain Gentlemen of Barbadoes, who were either by the Government there sent out from thence, or voluntarily departed from their Plantations by reason of some troubles there ; And upon dis- course with the said Gentlemen, they were heard to say, That they were bound for England, from whence they doubted not to procure a considerable Force to suppress their Enemies there, and to repair their great Losses : And for the better effecting thereof, they would in the first place invade this Island, under pretence that some in these Islands were the Causers of their troubles, and so make this a place for their Recruit. All which in bounden duty I ought to acquaint you with, referring the premised Relations to your more Judicious and wise Consulta- ''^°'^^' I remain, Your ever faithful Servant, JOSIAS FoESTER. SomTner Islands, the 7'" of September, 1650. 4. The settlement of Eleutheria to which alhision has been made in the two preceding letters, and to which the Independents of Bermuda had been banished by the Eoyalist party in 1649,^ has a history so curious that a ' Vol. i. p. 65S. ELEUTHERIA, ITS ORIGIN. H small space must be here devoted to it. It originated chap. about the year 1646 with Captain William Sayle of - — }: — • Bermuda, who professed to have obtained a grant of the i^^o-iess. Island from Parliament. Captain Sayle's title was after- wards disputed, and the editor has been unable to find any confirmation of it in the Journals of the House of Commons ; but it is certain that he and his son claimed and exercised, as far as they could, proprietary rights there. ^ Governor Winthrop states that Captain Sayle, wanting means to carry on his project, had obtained of divers Parliament men and others in London to undertake the work, which they did, and drew up a covenant and articles for all to enter into who would come into that business. The first article was for liberty of conscience, wherein they provided that the civil magistrate should not have cogni- zance of any matter which concerned religion : but every man might enjoy his own opinion or religion without control or q\iestion (nor was there any word of maintaining or professing any religion or worship of God at all) ; and the commission (by authority of the Ordinance of Parliament) to Captain Sayle to be governour three years, was with limitation, that they should be subject to such orders and directions as from time to time they should receive from the Company in England. Upon these terms they furnished him with a ship and all provisions and necessaries for the design, and some few persons embarked with him, and sailed to the Summers Islands, where they took in Mr Patrick Copeland, elder of that church, a godly man of near eighty years of age, and so many other of the church there, as they were in the ship in all seventy persons. But in the way to Eleutheria, one Captain Butler, a young man who came in the ship from England, made use of his liberty to disturb all the company He could not endure any ordinances or worship &c, and when they arrived at one of the Eleutheria Islands, and were intended there to settle, he made such a faction as enforced Captain Sayle to remove to another Island, and being near the harbour the ship struck and was cast away. The persons were all saved, save one, but all their provisions and goods were lost, so as they were forced (for divers months) to lie in the open air, and to feed upon such fruits and wild crea- tures as the Island afforded. But finding their strength to decay and no hope of any relief. Captain Sayle took a shallop and eight men, with such provisions as they could get, and set ' See under date December 19, 1661. 12 OLD FKOVIDENCE AND NEW PEOVIDENCE. CHAP, sail, hoping to attain either the Summers Islands or Virginia : . ^' _ . and so it pleased the Lord to favor them that in nine days they 1650-1658. arrived in Virginia, their provisions all spent. Those of the Church relieved them, and furnished them with a bark and provisions to return to Eleutheria Captain Sayle, find- ing the Church in this state (a state of persecution) persuaded them to remove to Eleutheria, which they began to listen unto, but after they had seen a copy of his Commission and Articles (though he undertook to them that the Company in Eng- land would alter any thing they should desire, yet) they paused upon it, (for the church were very orthodox and zealous for the truth) and would not resolve upon it before they had received advice from us. Whereupon letters were returned to them, dissuading them from joining with that people upon those terms.' The romance of this story has never received justice ; but the experience of these advanced secularists affords little encouragement to imitators. Eleutheria became a byword for dissension, and served to point a moral from the outset. We hear no more of the Eev. Patrick Cope- land, and he probably died there.^ 5. The preceding letter from Forster, in which, sin- gularly enough, he omits to acknowledge his present of 201., was accompanied by the following general letter from himself and the Council : — Eight Honorable Sirs, Yours of the first of January, 1 6|-g-, directed to our present ' Winthrop's History, under date August 1648. ' As the reader may be misled by the Index to the Calendar of State Papers, Colonial Series, to suppose that Eleutheria was included in the grant of the Islands of Providence, Henrietta, and the adjacent islands, made by the Crown in 1630, to Eobert, Earl of Warwick, and others, it may be here pointed out, that the Providence Island there granted was not New Providence, Bahamas which would have included Eleutheria among the adjacent islands, but Old Providence in the Spanish main, not far from Gape Gracias-de Dies, which is often referred to in connection with it. It now belongs to the Republic of New Columbia, but English is still the language of its inhabitants, who are all blacks. The limits of latitude defined in the grant include these islands and do not include the Bahamas. The limits of longitude also include them if measured, as it doubtless was, from Ferro. Henrietta Island is not to be found on any modern chart, but is identical with Andera, now St. Andrea, or St. Andrew's, about 1 ' to the south of Old Providence. How Old Providence and Andera, sometimes called Andros, of the Musquito Coast, came to be generally confounded with New Provi- dence and Andros of the Bahamas, is a question which need not be here discussed. It has been carefully investigated by Mr. Noel Sainsbury, who has succeeded in tracing the error to its source. THE council's REPLY TO THE COMPANY. 13 Governor, came to his hands the 22. oi May, 1650. and th next citap. day his Commission was publiquely read in the Church, where . ^^- . he took his Oath in the presence of the Countrey, to govern 1650-16D8. according to your Laws and Orders. (1) We most heartily thank you for the choice of so grave and so experienced a Gentleman to rule and govern us, and although the Government was quite out of frame and in a dangerous posture, yet now (blessed be God) there is such a willing and ready obedience from all the people in genera], that the Government is reduced to its ancient bounds in a peacable, quiet and orderly posture, and I hope the Lord will so continue it, to our comfort and your good. (2) We do thank you also for your Favor and Encourage- ment by your Present of £20 to our Governor, which was re- ceived in commodities ; he had a very quick vend for all, especially the Sack staid not long upon his hands ; we all helped to drink it off, for we knew it was paid for before. As for your Order in placing of Officers, we have gone as near as we could, M'' Painter being out of the Land, we have continued M"^ Morgan in Southampton Tribe, M' Wainwright refused the place, by reason of some former Engagement to the Countrey when they were in Arms. M' Norwood would accept of the Place, but he would not take the Oath with the rest of the Councel, so they excepted against him, and I took in M'' John Turner in his stead for Devonshire Tribe. (3) We are given to understand that you are informed, that the people which are gone from us were forced away. Thus much we can assure and affirm, that there was never a Coun- cellor in the whole Island that had any hand in it ; neither did it appear unto us, that they had any desire to stay here ; they might have all stayed, if but submitted to the Government. We do expect them daily here, for M'' Philip G haddock is gone out of New England to fetch them off, but with what safety we can receive them, except they do submit to the Government we know not, yet we do intend to receive such as have any interest, and attend your further pleasure concerning them. Your clemency in remitting former Miscarriages being timely published, hath not onely bound up that force, but bath also stopt the current of other more desperate pro- ceedings. (4) We have your Orders in transmitting the material Evidences in all Appeals. We have made seizure of all the Goods of Captain Turner, but can find no Spanish goods, and therefore have onely secured them here till further order. And as concerning the wreck, all plead they have accounted to your Commissioners. 14 THE council's EEPLT TO THE COMPANY, 1650. CHAP. The cause of your Ships long stay was no fault of ours ; she ■^^- came in very unseasonable, yet nevertheless she might have had 1650-1668. a good Voyage to the Barbadd's with Live-cattel, Beef, Pork and Fish, but it seems their Commission was not strong enough to proceed in that Design : We have always desired to have your Ship here before Christmas, and do still desire it, and so you may be sure of a quick Eetum. There is little or no goods in the Countrey, it were well that a Store of goods were placed in the Town for the use of the Countrey, so should you be sure to secure all the Tobacco's, that none should be traded away from you, and for such goods as come over to particular men here, they come to the Planter at such an excessive Bate, that they are not able to pay for them. The Inhabitants requested us to acquaint you, how that they have been long Petitioners to you for to afford them some Eelief, and ease the heavy burthen that is taxed upon poor mens labor, by that insupportable Excize and other Taxes upon Tobacco, so that in conclusion the poor Planter's twelve moneths labor is swallowed up by Excize and Custom ; But in stead of relief they finde a heavier load continually upon them. Consi- der their condition, and relieve them if you can, we leave them to your due and serious consideration. (5) We have received three Barrels of Powder, 500 pound of Match, but no Colours, though expressed in your Letters. We shall be careful to put your Laws in execution for Powder from Ships arriving here. (6) We have given order to M"^ Norwood to take charge of the Books given by M' Barber, which were left with M'' Gould- ing ; M' Norwood hath received them, being in number twenty four, and two Books which M'' Goulding gave at his death. {!) You give us notice of an Order of the Councel of State for the sending home of Captain Turner and M' Vyner, upon Examination of their Crimes and Misdemeanors ; we have no written Accusation against them, so that it remains onely to secure the person of Captain Turner till further order, M' Vyner being long since dead. M' Hooper is a very sickly man, therefore we beseech you consider our necessity, and send us a supply of honest able men. M'' Pointal came not to us, yet we understand that your inten- tions were real towards us, for which we give you thanks, and we hope you will not be unmindful to send us a couple at least by the next Ship; they may live very comfortably here, we have built a house in Town from the ground for one against he comes. (8; You made mention of an Order from the Councel of HUMBLE PETITION OF THE INHABITANTS. 15 State for removing M' Vaughcm the Secretary, if we did see cause ; Truly we see no other, but that he hath been very dili- gent and careful in his Betrustment, and very little Encourage- 1650-1G58. ment he hath, having had never a servant since his coming to the Place ; And now he is married to a yong woman, the daughter of Mr. John Tremmingham,, and more charges like to come upon him : A little Encouragement would do well, but we leave him to your grave consideration, not doubting but that you will be pleased to answer his expectation, for we do assure you, he doth take a great deal of pains. We do likewise commend unto your charitable thoughts the Petition of M" Vyner, and that you will be pleased to signifie your pleasure concerning her unto us. Postscript Mr John Tremingham having charge of the Grovemment when your commission came, did very faithfully in obedience to your commission, deliver up all things into the hands of our present Grovernor with the Castle and servants (Signed) Josias Foesteh EoGER Wood J Vatjghan Secretary Henkt Tucker sherifif 6. To the Honorable the Governor and Company of So miner Islands Plantation. The humble Petition of the Inhabitants of the said Islands ; Humbly sheweth, (1) That whereas through the goodness of Grod these Islands for many years past have enjoyed a happy tranquility, enjoying Peace and Plenty under the Grovemment of your Honors, the Honorable Company for this Plantation, whose constant care and endeavors, together with no little charge and expence?, have been from time to time to protect and preserve us, accor- ding to his Majesties Letters Patents, King James of famous Memory, which we still desire maybe the true Eule and Square of your Grovemment, as that to this time hath been, and we humbly conceive will be the onely, way to continue our happi- ness and your interests. And having had former experience that you have not ceased upon all occasions to be the onely Asylum, Sanctuary and place of Refuge for these Islands in general, or any Member of it to flie unto in particular in the 16 HUMBLE PETITION OF THE INHABITANTS, 1C50. CHAP, time of trouble ; We therefore being wheeled about into these . ^^- times of Distraction, building upon your wonted Favor, to de- 1660-1668. sire to present this our Declaration and Humble Eequest unto your Honors, and therefore not doubting of your Honors favor- able hearing, and gracious answering our just Desires, we declare as foUoweth : I. That the Honorable Company for the Sommer Islands Plantation legally admitted according to the Letters Patents, is a lawful Power set over us, and that we do own them, and do and will submit to them. II. We declare, that we do not acknowledge, neither will we obey or submit to any other Commands to be prevalent here, then that which comes to us by or from the Honorable Com- pany, and limited by the Letters Patents. IIL We declare, that so long as the Company be suffered to act freely, and that no other Power interposeth them, we will wil- lingly observe and submit to their Orders and Commands to us thus directed. But for so much as shall be imposed upon the Company by any power whatsoever otherwise then from the Honorable Company, we may not, we dare not, we will not obey or be subject unto them, but to the utmost of our powers with- stknd and oppose them. (2) Further our humble Petition and Request unto your Honors is. That you would be pleased to confirm it there for the future, and to the Worshipful the Governor and Councel here ; that they would be pleased to put these things following in practice for the present. I. That none be suffered for the future to bear any Office or Trust amongst us or command over us, that will not agree and subscribe to this ; but that a watchful eye may be kept over them, and a careful observation of their Demeanor and Actions. IL That if any Command or Order do come to the Grovernor or Countrey from any but the Company, that the parties that send them, bring tliem, or divulge them, be censured as Disturbers of the Islapds Peace, and that such Commands and Orders may be forthwith speedily suppressed and protested against. 1650-1668. HUMBLE PETITION OF THE INHABITANTS. 17 III. "We desire further your Honors to consider our great neces- -jci. sity in the want of Ministers, and we beseech you to send us a supply of Orthodox men by the next return. (3) Thus have we made bold to present unto your Honors our Desires and Eesolutions, which we are resolved to live and die in, and to maintain with our lives and fortunes to the last drop of our bloods, and we question not of your encouragement therein, and of yom- utmost aid and assistance to so just and conscionable Eesolutions and Endeavors. And whereas some Malignant spirits of our own, together with those Fugitives that fled from the Island of Barbadd'a have threatened to take this Island from you and us, and to make this their place of Eendezvous, that so they may the better effect their Designs upon the Barbado's : We do therefore ear- nestly desire you, that since it concerns you as much as ourselves to use diligence, to prevent their Plots at home, and likewise to send us some store of Arms and Ammunition, that so we may be the better enabled to give them entertainment if they shall come, and to preserve this Island, your just Eights and Inter- est, and the Lives and Estates of us the Inhabitants, from the fury and rapine of any that should oppose us. (4) Lastly, We desire the Governor and Councel that they would transfer these Desires and Eesolutions of the Countrey by this Ship to the Company, and that they may be likewise re- corded in the Office here. EiCH : Hbrbebt Captain &c. 7. It would appear that the transmission of the pre- ceding letters was delayed, allowing the Governor to add the following : — Captain Josias Forster to the Honorable Company of Adven- turers for the SoTnmer Islands^ 20 Decem. 1650. Honorable Company (1) My humble Service presented. Having in the general given an Account of our proceed. In the prosecution of all yom- Commands, it remains now in particular for me to hint some- thing of myself : And therefore in the first place I do return you all humble and hearty thanks for the high thoughts you have had of me, in that you have honored me with the Grovern- ment of these Islands under you, as also for your Present of twenty pounds worth of Groods, which I have received according to Order, both which are sufiicient Ties of Fidelity to a meer VOL. II. C 18 FORSTER TO THE COMPANY, (1650) AGAIN. CHAP. Moralist ; but to a Christian, chains of perpetuity : And such . ^^- . I trust you shall ever find me to be, as far forth as God shall 1660-1658. give me Ability to serve you. (2) I have in a former letter, which I hope has come to your hands, given you notice of the sad Condition of the Islands when I took my Place, and how it stood during that short time of my progress ; I must now proceed to acquaint you what Success the Lord hath given to my weak Endeavors, in restoring the Grovemment to its ancient posture of Peace ; PVom a tumul- tuous rebellious People, perfidious Commanders, and a Eabble of a number of new found Seditious Agitators, we are now brought to a People resolvedly bent to Peace and Obedience, a Soldiery onely subject to my Command, if I may credit t^heir Protes- tations, and an utter dissolution of that Fraternity of Incen- diaries to our wonted Peace and Government, I and my Councellers being the sole Governors here as ever, under you the Honorable Company, I pray God grant me Wisdom to foresee future Mischiefs, and Courage to maintain what I have already gotten. (3) There are three things in my judgement obnoxious to the present Government, and if in time by your Wisdoms not prevented, may beget new Troubles : The first and chiefest is the want of two Orthodox Ministers ; 2. The want of the Ships being not here before Christmas; And lastly, the want of a Magazine of Goods from the Body of the Company, to be resi- dent with the Officers at Town or elswhere, to be sold at reason- able Eates ; for the people do find in general that the wonted prices be much raised by most of the Agents here, to the great oppression of the Inhabitants : If the Word do not convince, the Sword cannot reform ; If timely Supplies come not at conscionable Eates, it will be a hard Task for Authority to restrain Trade with any Ship : I beseech you lay these things to heart. You acquaint me with an Order of the Councel of State to you directed, to secure the Persons of Captain Turner, and Mr. Vyner, and to examine the Crimes and Misdemeanors objected against them, and to send them home, together with the Examinations and Proofs ; What their crimes are, or whereof they are accused, I know not, neither have I any Transcript thereof: As for Mr. Vyner, he is long since dead, and hath left behinde him a poor Widow much indebted, and three small chil- dren, objects of your pity and charitable consideration; And to send Captain Turner home without an Accusation or Proof thereupon, were in my judgement impertinent and improper ; wherefore for the present I shall onely secure his Person here, and seize upon his Personal Estate to yotir use till further order. SALARY EEQUIRED BY THE GOVEENOE. 19 CHAP. XI. (4) I am required to send you an Account of the Servants belonging to the Colony, as also what number of Cattle, and __ quantity of Corn was left by Captain Turri£r. For Answer 1650-1658. thereunto, you shall know, that I have received from Mr, Trim- mingham then in place of Government, ten Cows and one Bull and eight Hogs-heads of Corn : And for the servants appropri- ated to my place, I have in aU but fifteen Negro's and Mulat- toes, whereof five Men-servants and the rest women ; And of a truth I must tell you, that of the men I have but two that are able to do their labor, the other three in a maner past their work : For three of the women, if they dress their own victuals it is well. Here are three Negro's more, one with Mr Sherifif, and the other a small youth with the Secretary, and the third being a small girl, with Mr. Fox. I have a small youth about nine years old left with me by Mr. Buckleman, I bless Grod Charity bids me keep him, who shall not want whilest I have for mine own ; the childe is tractable, and having neither Father nor Mother, deserves pity. Now my Bequest unto you is, That in addition to your former Favors, you would be pleased to be- stow his time upon me, or to order me a certain .Mlowance for a few years towards his Education, in some measure suitable to the hopes I have of him ; his name is Thomas Sivrtpson, what his time is I know not. By all this it will appear unto you what a small proportion of Means will accrue unto me, to main- tain the Charge of my Office. God knows my heart, I am not at the riches of this world, my desires are onely to preserve my dear Wife and children from misery and want after my decease, -which must inevitably faU upon them, if I continue in this chargeable Place of Service, unless the Honorable Company shall constantly & yearly allow me a sufficient Salary of at least Fourscore pounds jper awnum, which I trust you will do both for your own Honors sake, and for the Dignity of the Place of chief Government by your free choice conferred upon me. I say no more but onely this. He that sacrificeth at the Altar, must live by the Altar, and he that spends his spirits and whole endeavors in discharge of Government, must live by that Government. I may say without any vain glorious boasting, I have hitherto waded throughout many difficulties, doing my duty diligently therein, and aiming at the Publique not mine own good, and shall for ever faithfully persist in so doing upon your continued Encouragement ; and so do rest. Your mast humble and obliged Servant, Sommer Islands, the 20th of December 1650. JOSIAS FOKSTER. 2 20 RETURN OF INDEPENDENTS FROM SEGATOO, CHAP. Post-script. • '- — ' Since the writing of these, here arrived two Ships from 1650-1658. Sagatea,' which brought with them some seventy people, Men, Women, and Children, who desired to be received to their for- mer Beings and Eolations, promising obedience to the present Government; whereupon I called the Councel together, and having debated the matter, we concluded. That they should, as many as would, stay here, which we conceived could not be denied them in justice. Yet suddenly after some of the Com- manders and other of the ruder sort of the people, gave out threatening speeches that they would send them all away, and to that purpose gave Powder and Shot to some of their Soldiers ; but having timely advertisement thereof, I took speedy course to prevent their mischievous intent, and by the blessing of the Lord I so pacified them as that they did not proceed to Action, and for the present they are all at quiet, and I hope will so con- tinue. Howsoever my Eesolution is firm and unchangeable, rather to die in the just defence of your right of Grovernment, then to comply with them in the least of their imlawful desires, so saith Your faithful Servant Jo: FOESTBE. To the Honorable Company of Adventurers for the Sommer Islands, These present. 8. It was apparently not until after this correspond- ence that the legal foundation for the momentous changes effected in the constitution of the mother-country was officially communicated to the colony. At a General Court for the Sommer Islands Company holden at the accustomed place in Watling Street on Wednesday the 15th day of January 165^ ^ Sir John Danvers Governor M' Deputy and others present Ordered that the several Acts and orders of Parliament viz the Acts entituled An Act of this present Parliament for alter- ' otherwise Segatoo, the same as Eleutheria. ' See the pamphlet entitled ' Petition from the Goyernor and Company of the Sommer Islands, &c., to the Council of State, July 19, 1651.' The 16th is probahly a misprint for the 26th, which fell on Wednesday. ACTS ESTABLISHING THE COMMONWEALTH. 21 CHAP. XI. ation of several Names and Forms heretofore used in Courts, Writs, G-rants, Patents &c the 30 January 164f An Act Declaring and Constituting the People of England leso-iess. to be a commonwealth, and free state, the 19th of May 1649 The orders of Parliament for subscriptions to the engage- ment the 12th of October 1649 Another Act for subscribing the engagement the 2 January " be put in execution in the Islands, according to the Limitations Powers and Provisions in the said acts and orders : and that the Company shall improve their Interest and Power for rendring the Islands duly obedient and serviceable to this commonwealth. '"5 9. The 'oppressions ' and ' strong oppositions from the Court party ' referred to in the annexed petition of the Company belong to a much earlier period than we have reached. They originated in the intrigues of Count Gondomar, at least as far back as 1619, when we are told that the increasing fame of the Virginia Company and the wise management of it was carried into Spain, and caused no small alarm. The Politicians there saw, or pretended to see danger in the course of not many years. Virginia was too near them both by Sea and Land : and they did not know but the people of that plantation, when once a little settled, might perhaps be looking over the hills, and at length spy out their rich mines. Grondomer therefore had it in commission to have a special eye upon the Company, and the Managers of their affairs, and he was indeed a vigilant observer of his instructions He not only gained an absolute influence over the King, (James I.) but many great men about him, whom he had bought with Spanish money : these were very powerful, and well known at the Court by the name of the Spanish Party ' [To these machinations may be referred the correspondence given in vol. i. (p. 240 et seq.) That Grondomar drew no fine distinction between the Virginia and Bermuda Companies, which were composed of nearly the same persons, appears by his report to the King in 1621 that 'he had occasion of late to have a conference with the managers concerning a ship laden with silver, which was cast away ; and that he found them subtle men, men of high courage, men who in no way regarded his ' John Farreir, in 'Memoirs of the Life of Nicholas Ferrar,' hy P. Peckard, D.D., Cambridge, 1790. The cession of Virginia and the Bermudas was one of the conditions of Philip IV. in-the eyent of the Spanish marriage. 22 Petition to the council of state, lesi. CHAP, master or their own ' ' His conference was with the Virginia . ^^- . Company, and the ship was wrecked in Bermuda. A long series 1660-1668. of oppressive and crushing exactions, in complete variance with the spirit of their letters patent, justifies the present com- plaint.] (1) To the Eight Honorable the Councel of State The humble Petition of the Governor and Company of the Somnier Islands [alias Bermudas'], July 1651 Sheweth That the many great oppressions upon the said Company, and their proceedings in former times, hitherto unredressed, notwithstanding their better hopes in the present Grovemment, occasioneth your said Petitioners most humble desire, that your Honors will be pleased to take view of the state of their affairs, contracted in this annexed Paper of considerations, and there- upon to afford such timeous answer and relief, as in your wisdom shall seem agreeable to justice and publique Interest (2) They likewise humbly present to your Honors considera- tion, the annexed Petition of some of the said Plantation, desiring shipping &c to transport them thither, together with a copy of an order of their Court, to give your Honors an accoxmt of their care, which they hope in due time will be as effectually executed, if they may be so happy as to obtain that encourage- ment as may enable them to proceed herein with vigour and resolution. Notwithstanding they desire no further to assert their particular Eights (which they believe you will account very great) then your Honors shall judge agreeable to justice, with publike safety and advantage And shall Pray &c. (3) CONSIDERATIONS upon the first constitution of the Sommer Islands Company and Plantation, together with the late Disorders and the present condition of affairs there. The paper begins with a summary of the privileges conferred on the Bermuda Company by its charter,^ and proceeds : — And if these and such like Priviledges had not been granted to them 'tis no ways probable that any would have undertook at so vast expenses, a Plantation that was likely to bring in so little profit. Whereas that qf the Barhadd's hath made so rich and plentiful returns to the merchants and undertakers ; this hath produced nothing hitherto to countervail those great sums that ' See the same memoirs, p. 116. Vol. i. p. 83. THE company's PLEA. 23 have been laid out upon it, but instead thereof strong oppo- chap. sitions from the Court Party here at home ; insomuch that the ^l- Company being almost tired out with those frequent oppressions, 1660-1658. seemed resolved to quit themselves of the burthen by the sale thereof, when it was suggested that the Dutch would give 100,000^. for the Purchase ; and if the Court should seem un- willing to make them masters thereof, no doubt but they would easily condescend that it might be sold to the Spania/rd. The several Interruptions here at home produced many factions, especially in the Islands, which by ingrossing that small Trade of Tobacco &c from thence, sometimes by one Party sometimes by another were still heightened, till at last by those great changes here by the Kings Death, they broke out into open Hostility and Defiance, yet no blood' shed, the greatest part of the Congregational or Independent way (so called) were banished by those then in Power, but by the now Governor which was constituted since are again received and live peace- ably and quietly .... [The document proceeds to urge (1) that the Company can- not have forfeited their rights and privileges, having disclaimed the disorders committed in the insurrection. (2) That the islanders have submitted, that their Governor (Foster) is well approved of, ' nor can there be thought to be in them generally such a spirit of malignancy as some would have it, considering amongst other particulars that might be instanced in, how stoutly their Magazine ship defended herself against those Pirates of Scilly that set upon her in her return hither.' (3) ' The great danger there might be, if all means of Eeconciliation were denied them to put them upon some desperate resistance, or casting themselves upon some foreign protection, or becoming a receptacle for Pirates. (4) ' That though their rising up in Arms, and declaring as they did, sound high in some men's expressions, yet 'tis confessed by all, that this was carried on by the false suggestions of a few .... whilest the greater part were ashamed of their actions, when it appeared to them how much they had been deluded, and who have since submitted to the Company.' Lastly That the Company has the greatest share and interest in the settlement of affairs and may be relied upon to effect it.] The State is therefore prayed to declare in such way as in their wisdom may be thought fit, that the Company may enjoy their Priviledges and immunities according to the said Letters Patents &c. [Doubtless signed — John Danvers, Gov., Owen Eowe, &c. ; but there are no signatures given in the printed copy.] 24 PETITION TO THE COUNCIL OF STATE, 1651. CHAP. (4) This is followed in the pamphlet referred to by a peti- ■ ^^- . tion from Stephen Painter, William Eener, and others, reciting 1650-1658. that they had been inforced from their relations and beings in the Sommer Islands, are in a state of penury (in England) : praying that their peace may be made and themselves trans- ported thither before they perish of want : representing also the want of godly ministers in that place. (5) The Council of State appointed Sept. 30 a Committee of Sir Henry Vane, Mr Salwey and Mr Darley to speak with Sir John Danvers and Col Owen Eowe about the proposals given in by Col Kowe concerning Bermudas, and Eeport.' 10. Extract from the proceedings of a General Court of the Somers Islands Company, April 24, 1652. A letter from the Grovemor and Council of the Somers Islands is read, and a committee is appointed to report upon the damage sustained by the company by reason of the Tobacco the chief Traffic of those Islands having been transported to Holland. The persons who exported the tobacco are to be proceeded against to compel them to pay custom and excise (Interregnum, Vol. xciv. C. P. 378.) 11. April y* 29*" 1652. At a meeting of the Comittee of y" Sommer Islands Company, by order of their Court of y' 24* of y" same (' State Papers Colonial,' vol. ii. 1644-52, No. 50) It was ordered (1) That the Grovernour or Deputy w* some others of y* said Coinittee shall at their first opportunity, and so from day to day crave audience fron the right Hon*'* the Councel of State, and there deliver the Order of Court, appointing y= said Comit- tees attending on their Honnours &c desiring y* same may be read. (2) And next to present the letter from the Islands craving y* favour it may also bee read. (3) Afterwards to declare, that the Company not being at liberty the last yeare to pursue their usuall course of sending their ship or ships by reason of y* Act of Parlement prohibiting the same, w*out leave fr5 the Councel of State, w*** was not obtained till very late in the season ; whilst a Dutch ship fall- ing in w* Comodities, when the Islands crop was ready, and ' Calendar of State Papers (Domestic), 1651, p. 455. The Eeport is not given. ASSIZES, 1652 — A FEMALE EXECUTIONEE. 25 before the said Companies ship could arrive, most of the said chap. crop was barterd, solde, or connivingly freighted for Holland, ^l- upon the pretences mentioned in the letter from the Islands, 1650-1658. w'^'' was to the prejudice of this State in their losse of Custome and Excise to the value of neere 1500? as wee have informa- tion, w"** if the said right Hon'" Councel of State shall in con- venient time bee pleas'd to obviate for the future, by permiting the said Company to send their shipping in due time, they no ways doubt, but they shalbee able to prevent y" Dutch from tradeing there hereaft"^.^ (4) Lastly, That y° right Hon^'^ Councel will give liberty for the seizing of any Holland ship that may come w*in y* Islands and by all just meanes to induce or compell satisfaction fro the Inhabitants, or Accessories in y" case, whereby y* States losse & y" Companies prejudice may bee redeemed as farre as may bee duly effected. John Moedaust Secretary. 12. Extract from the Eecord of the Assizes 8-9-10 June, 1652. (1) William Worth of Sandys Tribe was tried and convicted of an ainnatural offence, and suffered death on the 14th July The charges and fees paid in this instance will be found among the items of the Greneral Levy for the year, and amount to •240 lbs of Tobacco. (2) The Jury for the keepers of the comonweath of England do present Black Moll a negro woman servant to M"" Leikcaroft (Leacraft ?) of South.ton tribe in the Som Islands for that she in the month of Aprill or March last past in Ano 165^ did enter into the dwelling house of Nicholas Howe of the tribe aforesd And being there did ffeloniously take steale and carry awaie 2 hoiland aprons one wastcoat one peticoat one purse one pincushen 2 needle cases 2 Eings, one knife, one quoife 3 sheddewes 2 papirs of pins price together 7° of the goods & chattells of the said nicholas Howe contrary to the peece of the «omonweath of England and the dignity there of. To wh indictment she pleaded not' Guilty but being by the Grand Inquest found a true Bill for her further trial put herselfe upon God and the cuntry wch being a Jury of 12 men sworne found her guilty. But she acknowledging the fact was condemned to death Yet the country being then destitute of an executioner the Governor thought fitt to make her execu- tioner upon the body of Worth abouesd & soe reprieved her. ' See vol. i. pp. 668-672. 26 ASSIZES, 1652 — SENTENCE OF DUCKING. PHAP, (3) Another indictment follows of the same Black Moll fof ^^- robbery in a certain House or cabbin' upon the Governors land 1650-1658. — for which she was found guilty And was dealt with accord- ingly, as is abouesd. (4) A few days later a warrant was issued to Black Moll to perform this office. To wh. warrant the said Black Moll was obedient, and per- formed execution upoi^ the body of Worth accordingly the 14dayeof July 1652 (5) A woman-servant of Mr. John Miller for theft is condemned to be burnt in the hand with the letter T (thief). (6) Eobert White presented for theft. Bill ignored. (7) Henry Ward presented for witchcraft. See Ap- pendix.^ (8) Alice How presented for stealing various articles of apparell, coming in the ship called the Kvng of Poland from England To which she pleaded not guilty, but the grand in- quest found it a true Bill, but because it was not cleare by Law that being done at sea, she was now punishable on land yt was suspended, and for former misdemeanomrs towards M"^ Wilkin- son and others she was adjudged to be duckt, w'='* was performed accordingly by the sherriff. 13. This assize of June 1652 was the first in which the Eepublican or Puritan party was completely in the ascendent. The reappearance in the Council of Mr. Wil- kinson, Mr. Paynter, and others, whose absence has been so often noted of late years, is itself an indication of this ; another is afforded by the inordinate length and altered character of the list of presentments by the Grand In- quest, which fiU six closely written folios. The tops of all these pages are in the original too defective to be copied in full, but the following abstract conveys their substance : — ' All the executions, and the greater part of the trials, for witchcraft occurred under the government of Captain Forster ; but as indictments occiu! dovu to 1696', they are all brought together- in the Appendix. PEESENTMENTS, 1652. 27 (1) A complaint against the method of making the Levies, chap. and a petition That being yt is the Law of the comonwealth of xi. England and the subiects priviledges for men to pay their sub- 1650-1658^ sidyes by their Lands or estates. And that yt hath bin con- sent to here both by the company and country, and also practised formerly and put in execution : that you ■will be pleased that yt may be no longer interrupted but to haue this course and the Inhabitants restored to their priveledge and libertyes, and euery man to beare his owne Burthen (2) Wee the grand Inquest perceiueing what a prophane condition the Island is fallen into since wee haue bin destitute of preaching ministers soe that, that w"** hath bin very rare, and seldome foimd to be done amongst us now is grown vsual and comon that is for men to saile and go abroad in their boats on the Lords dayes t© the great dishonor of Almighty god, and danger of drawing downe the Judgement of god vpon vs and scandal vpon the Inhabitants who haue had the honor and bene&t of all these westerne Plantations to be a people of a sweete and religioiis Grouernm' And this greate evil hath ben very much strengthened by the practice of the Dutch, yet wee professing otherwise and knowing how tender the Lord is of his sabothes, and that all the Judgements that came vpon the Jewes (the Lords people) was mostly for breache of the saboth, we do desier your worship that hereafter yt may not be lawful for any maner of person or psons for to saile abroad on the saboth day, vnles in case of need of a midwife or surgeon and that if any shall pre- sume to go in boats on the sabothe day after notice hereof we desier they may suffer as prophaners of the saboth. and if it should fall out that any should be abroad, and did not come home in the 6 dayes that they should be constrained to stay there vntill the Sabboth was over (sic), and the officers of each parrish that looke to the Hues and conversations of the people shall take notice of such offenders and present theni at the assizes (3) We the grand Inquest taking notice of diuers complaynts that are made of many wronges and trespasses that they suffer by a new practised way, men sending their servants and children for to digge crabes for bayt in Grounds who enter into mens pastor grounds, potato grounds or corneground, and never once acquaint the owners of the ground thereof, but they dig great holes vp to a mans thigh, and goe their waies leaueing them open to the great hazard of the breakinge of mens limbes if he passeth that way unawares, or in the night, or a beast may be subiect to do the like, they will enter into potato ground and do the like to the preiudice of their neighbours by spoyleing their prouisions : we desier of your worship that this great 28 PRESENTMENT AGAINST DRUNKENNESS. CHAP, abuse may be remedied. And some instrument may be framed XI. for the preuention thereof and that some penalty may be layd 1650-1658. vpon such as shall after notice hereof is giuen presume to goe into other mens grounds in such a kind w*out leaue of y* owner of the ground (4) We the grand Inquest taking into consideration the great and grievous destruction of Palmeto trees for Bibby w* doubt- less was at the first innocently done by them who would drink a cupp or the like, and then but of trees growing vpon waste places, yet as tyme and experience brings things to perfection soenow not contented are they But they say the highest trees yield the sweetest Bibby so that none are safe and the best Trees are cutt, But if this mischiefe be not timely arrested all of our trees wilbe destroyed And as we say, at the first, cut- ting of Bibby was done but in moderation for to drink a cupp or the like : But now they have learned to destill yt into aqua- vitoB and so for to make more of yt that they now cutt Palmeto trees in all manner of places. Idle negros in all parts of the Islands cutt most. And although all the Inhabitants knowe well of what great Tses these palmeto trees are of in this plantation and that wee could not Hue w"'out it, yet they not regardinge posteritye and aymeing at selfe ends by making a p'fitt of Bibby by Aqusevitse. And although this cutting of Bibby was foreseen by the last grand jury, And presented at the Assizes yet wee see noe redresse nor remedy thereof But rather in- creasing of their worke : Wee doe therefore desier and pray yo' wor"" and your council that some meanes may be foimd out to restrayne them so that if any shall presume hereafter to cut any palmeto trees only to distill into drinke vnles they be trees eyther ready fallen or that they haue a purpose to cleare them off to make vse of the ground, be fyned and he or they that shall informe against shall haue part of the fyne (5) Presents the great increase and multiplying of all manner of disorders of late yeares and amongst these the sin of drunkenes which hath passed of late yeares almost without controule few or none showing any dislike thereof and it is like to be increased and maynteyned by the signes of the great provision there is made in euery place for keeping it vp. If the Lord do not as yt were contend with vs agaynst yt by taking our fifruits away w* we most humbly beseech him to spare vs them. Wee be- seech your worship to take the matter into serious consideration. And put a newe life into the wholesome lawes w"" are extant and are prouided against that sin of drunkeness. And that your Councellors in every of their respective Tribes be zealous magis- trats and watch to shew themselves valient for the glory of God Causing all such offenders to suffer accordingly AGAINST PROFANITY AND LYING. 29 (6) Against the common and usual custome of sweareing and by all sorts of people in these Islands. And very few that here yt take any notice or make any matter of yt, As though there were no harme in yt Although the p.phett of the Lord saith to the people of his tyme, because of oathes the land morne. And our Lord Jesus Christ saith Sweare not at all and he will not hould him guiltles that taketh his name in vayne and in fformer tymes Swearers have bin punished according to the Lawes in these Islands but now all thinges are out of course of a long tyme And men haue done what seemeth good in theire own eyes. And in consideration hereof wee humbly desier that the Lawes against Sweareing may be reviued and all Sworne oflScers charged to put the lawes in execution that all swearers may so suffer for yt that God may haue glory thereby and that there may be hope of the lessening of the horrible sin of swear- ing in these Islands (7) That all Laws and Orders maybe publickly read. At least once a quarter (8) "Wee the grand Inquest haueing taken into considerations the great dishonour that is done to Almighty God in these Islands by prophane and cursed sweareing, and haueing drawne vp a presentment about yt to y' worship, ther was brought vnto vs by the honest church wardens of Deuon Tribe a paper written by M'' Richard Norwood counsellor of that Tribe concerning one Thomas Garraway which was taken from very able testimonyes that Garraway did sweare 20 oathes as itwere together, vnto wch sin the said Garjoway is knowne and reported to be notoriously addicted, and doth without remorse continue therein, and besides the said Garroway is accused vnto vs by M' flfrancis Watlington to be a prophaner of the Lords Sabboth [the Governor is prayed to take steps against him, and against one Ei chard. . . a most base deboshed fellow] (9) One Thomas Adams is presented for most vnseemly immodest carriage to Judith wife of Eowland Greatbatch, wee doe desier that your worsp would take yt into your consideration for here are too many of such bould and impudent fellowes, that a moddest woman cannot enjoy herselfe in peace. And proceed against this fellow soe that it may be a meanes to daunt all other bould fellowes that shall here of yt from attempting any such wickednes as is to be feared be designed. (10) Against the great sin of lyeing wch doth exceedingly abound in these Islands, soe that men are very much wounded in their reputations, as of late some of us have had experience And at present a complaint hath been made vnto vs of one John Sanders who goes commonly by the name of the Deuills Brick- laier because the deuill is a Iyer and the father of yt : prays a CHAP. XI. 1650-1658. 30 ALLEGED OVBE-POPULATION. CHAP, remedy against such people who are comonly accounted worse : ^l- than a Thiefe for we can look from a thiefe but not from a lyar. 1650-1658. (11) Presents one Francis Welman of Pagetts Tribe for a most horrid and impious speech ag' our blessed Eedeemer the Lord Jesus Christ such words as is scarcely knowne to be heard in an age, that one should curse his god. We need not mynd you What the Lord saith tuching that very thing to his servant Moyses : nor of that the Lord comanded to be done to the Israelitish woemans sonne whose father was an Egyptian. Wee know that your wor" is tenderly affected w'" yt, only wee taking to hart that most patheticall speach you made to vs and to the whole country seasonably at the glueing vs our charg touching the many and great enormyties that this place is full of, and for to show your worship that we are so much taken w*" it, that we wilbe ready both now and also when we are removed to be aydeing what we can, according to your great desier to reduce this plantation to its sometymes godly Groupment, ffor your worship knowes very well that it is not because wickednes is commytted in a land that Grods Judgm" are feared. But because wickednes is eyther countenanced or conniued at (12) Wee the grand Inquest discerning the great discon- tent that is in many of the Inhabitants of these Islands Being that through the blessinge of our Grod we are encreased and multiplied to a gi-eat people, insomuch that now hereis no liuinges for vs w"" comes to pass chiefly by the coueteousHes of some amongst vs who labour and striue to get as much land into their hands as they can. Joyninge land to land whilst there is no place for the poore, for as sone as any foote of land comes to be voyd, there is some that haue 2 or 3 shares already seeke to take yt And beinge able to giue a larger income than a poore man can they haue yt, so that diuers poore men their wiues and children haue noe where to sett their foot : wee wish and desier that your worship would order it that no one hence forward should be suffered so to enlarg themselues, when as they see and know that other honest poore men want land . . , (13) One Henry Graunt is suspected of being unnecessarily conversant with negro women — that he hath giuen them guifts and if he hath not left his familiarity with such creatures, it is desired that such abhominations be enquired into, least the land mourne for them. (14) It is presented as a great greivance that when indus- trious men are minded to plant any rarityes of fruit in their grounds they are not allowed to enjoy them, which doth much discourage them, and will end by some fruits being wome out of the Islands. This is chiefly attributed to trespassing by fellowes children and it is prayed that if their parents will not give them correction the marshall may. PRESENTMENTS, 1652. 31 (15) Wee the grand Inquest taking notice of the vnhappy chap. diuisions that hath fallen amongst vs the Inhabitants of these ^J- Islands w"" hath come to passe by the misgovernment of yt 166O-1668. cheifly. We doe in all humblenes beseech y"^ worship and your counsellers that you will take yt into your consideration and thinke of some course for the composing of these our differences and distractions w"" diuers by reason of their seeking by Law to recouer againe what hath bin taken from them, now we partly knowe that most of them w* they seek to deal withal for yt had the least share of yt, and that y* chiefe actors and doers and workers of these troubles are not in beeinge We gathering by circumstances and discourses w"* we have had with some of them so that all differences might be reconciled, and that we might all live at vnity peace and concord amity loue friendship as formerly we haue done wouldbe willing each man according to their abilities to giue a rateable proportion of what they haue to make vp what they haue taken from them. Although hun- dreds of them had neither hand in yt or share in yt But were forcedly compelled to be seene in the busines. And so this o' desier is that your wors'' would be pleased that a certain number of moderate men of both parties, may haue commission to com- pose this difference, and settle some way for the effecting and accomplishing of this good motion so that peace and loue may be procuered amongst vs w"" is much to be desiered (16) A presentment of the last ship bringing salt that she would not sell it by water measure ' Although deliuered vpon the water, wherein we take ourselues to be not well dealt withal by him Therefore wee desier that for the tyme to come that what ship or ships shall come in here and bring salt may know that yt is our priviledg, and custome to haue water measurr from them, for as they looke to haue our Beefe and our pro- visions at a settled price, soe wee looke to haue that comoditie accordingly, and this we desier your worship may be settled with us for a law and order (17) Lieut John Crosse is presented for wasting his land- lord's tymber — commissioners appointed to assess the damage (18) As there are through all the world warres and rumours of Warres, it is presented that the defences of the Island be looked to (19) Three couples are presented for immorality, one of them sentenced to 31 lashes apiece upon the naked back. (20) * * We haue sate in court all this weeke expecting to receive some complaynts from the Officers of each tribe and haue not receiued any but one from Deuonshire tribe, and a ' The meaning of this phrase is now unknown in Bermuda. 32 A PROCLAMATION, 1652. CHAP, complaint concerning lying from Henry Jones who stays to ^l- prove it, only some incontinencies. whereby some may say yt :650-i658. is not as we haue informed. The Grovemor is prayed to devise a way to procure a more active supervision, so there might be some hope of reformation among us. Signed Eobert Kesteven Eoger Cox Eobert Pulford Thomas Griffen Michael Burrowes Jeames Harman Samuel Beadle Edward Sherlocke William Bullock Humphry Harvey Marmaduke Dando William Lindith Charles Sothworth (21) Seven presentments follow, in which the parties are bound to their good behaviour. (22) Francis Welman, presented ante W 11, is brought up for judgment, and sentenced to stand in the pillory with his offence written on a paper with capital letters, and to be bound to the good behaviour. Some of the ' censures ' of members of the Court are exceedingly bar- barous. It was proposed that he should be branded in the forehead with the letter B for blasphemer ; should have his tongue slit ; should have his tongue cut, and finally should have a 2-lb. weight hung by a hole through his tongue I 14. A Proclamation by Governor Forster, July 26, 1652. The Grand Inquest having obserued the many and intoler- able inconueniences .... and dangers, that hath for a long Tyme bin tolerated and winkt att in these distracted tymes tending to the preiudice of the publique peace and welfare of these Islands. And also the great dishonor unto almighty god by the exorbitant and p'phane courses that many doe run into excessiuly w"* ought carefully to be laid to hart of all men. And to the more ready helpers for the preuention of such euils for the future w* else wilbe ready to reviue & run like a streame that will not easily be stopped and at length draw downe the fludgates of gods displeasure upon the land wherein wee live after soe many warneinges from his fatherly hand wh. If we had hearts but to consider & eyes open to behould them impartially and to owne them with humility of spiritt, doubtless they would be Btronge motives to stirr all men up to the work of reforma- A PEOCLAMATIOiY, 1652. 33 tion both in private and in their families and for the publique chap, tranquility of the Grenerall, as also for the Appeaseing of gods ^^- wrath w* may justly be expected w^out tymely repentance. 1650-1658. The serious consideration of such thinges as these hath for a long tyme offered much grief to my spirritt w'^'in me. But now ffinding the Grand Inquest (who are the eyes of the land) to jump with me in my present consultations, I haue great cause to Blesse god therein. And haue thought fitt with the consent of my counsell to publish in your eares such thinges as may tend to that Grreat worke of reformation w* shalbe cheifly set forth as flfoUoweth (viz.) Ffirst I doe require that every Coun- cellor respectively doe cause the abridgement of the Acts & orders to be publickly read every quarter in some publique place within their Tribes. Soe that none may plead ignorance and say they know not the law Secondly it is stricktly required that noe manner of person or persons shall presume to enter into any mans grounds or part thereof w'^out licence from the owners either to digge Crabbe' or to gather hogsmeat or upon any other manner of pretence what soever upon payne of paying ten pounds of tobacco for euery such offence committed by a major. But if he or she be a seruant or a childe then to be emediately carried to the Justice or constable ffrom whom they shall receive correction by whipping without remission This to be done after Lawfull conviction about such offences Thirdly that all such as keep Tippling houses or any other that shall after the publication hereof, suffer inordinate drinking within their houses take speciall notice that all such penall Lawes w* have been formerly held forth & are in force against that sin of drunkenness shalbe severely inflicted upon such offenders And also all such persons as shall accustome themselves to Blasphemy — Swearing — Lying & Cursing shall be preceded against in the stricktest course of Justice w"'out delay according as the law hath in such cases provided Ffourthly y t is required that the comon Prophanation of the Lords day by sailing in boats & travelling by land, be utterly forborne by all manner of persons of what quality soever, and whosoever shall offend therein after the publication hereof shall likewise be proceeded against as justice shall require and because none shall presume that excuses shall prevaile It is stricly re- quired of all who are in Authority. . also That if yt shall fall out that any man or woman journeying be straightened of tyme so that they cannot return to their abodes on the satter- day Then yt is required that they shall staye & spende their Sabbath in that place where they are, except only they can reach to their owne Parrish Church by the beginning of the morning ' Land crabs, which are still abundant in light soils near the sea. VOL. II. D 34 PETITION OF A FEMALE SLAVE. CHAP, exercises Nevertheless yt is not my intent hereby that any XL ' shall be restrained from ffetching a middwife or chirugion or to 1650-1658. doe any charitable Act on that day And ffifthly whereas formerly there hath bin a prohibition from cutting of Beeby trees yet notwithstanding men and women did presume to p''ceed therein more than formerly by distilling it into aqua-vitae I do agayne require all manner of persons not to proceed herein especially in distilling yt as they shall answer the contrary at their perrill, and of these things I shall require a striete accompt (as for all other offences of this nature) of all that stand in place of Justice of these Islands Wherefor I doe require aU the severall counsellors in their respective Tribes wth all the constables & other officers of the church that they take heed to their severall charges and to bestirre themselves like men valiant for the Lord his truth & glory, and see Justice truely & duely done w^out par- tiality or respect of persons and in soe doeing they shalbe sure to fynd me assisting them in any of their proceedinges that shall tend to the glory of god in the due execution of Justice, And of these things let eury take especial notice as they will answere to the contrary at their perrill Griuen at Greorges Towne this 26 July 1652' Signed Josias Ffoestek 15. At a General Court of the Somer Islands Company holden at the accustomed place in Watlinge Street on Tuesday the 5th day of October 1652. The petition of Doll Allen setting forth that her ffather William Allen out of his tender care and Fatherlie affection, did bring her vp from her cradle vnto fifteene yeares of age Duringe w'^'' tyme she had the priuiledge of Christian people, and now being at Woman's estate is taken from her father, and reputed a perpetuall slaue, and therefore prayeth the Hon"° Company, since it hath pleased Grod to set a distinction between her and heathen negroes, by p'uidentallie allotting her birth among Christians, and making her free of the Ordinances of Christ, that they will be pleased to restore her that ffreedome which is due to her ffathers right, and giue her libertye to dis- pose of herselfe in such seruice as she male find most proper for her condition : vpon consideration of w""", I^ thought litt to pro- duce a former order of last yeare vpon the petition of the said William Allen, In which it was ordered that he should haue ' Th« Puritan fashion of dropping the title ' Saint ' now appears, tlie plaee having been always heretofore designated St. George's. ' Probably the secretary. ASSIZES, 1652. 35 her tenne yeares after her age of tenne yeares, with the tyme chap. he had her alreadie since she attained the age of tenne yeares, xi. in liewe and recompense of the tenne yeares that he had bred i6eo-1658. her vp from her infancie : the same being reported from the grand coiiiittie to the court, and their opinion thereof that they adhere to the said recited order. Which vpon the question being putt to the vote the said committees opinion was voted to be confirmed in court, and ordered accordingly Exanodned by me John Mokdant Secretarie 16. Extract from the Eecord of the Assizes, December 7, 1652. Presentments (T) Criminal assault on a child, verdict not Guilty (2) A negro man, servant vnto John Young [no name re- corded] for stealing a piece of red cotton value 3s from the dwelling house of John Smith found guilty, and for his fact the Grouernor did pronounce sentance of death vpon him. But yet by the Aduice of the councell and consent thereof his life was prolonged, and the said condempnant made common execu- tioner vpon his amendment of life and not otherwise (3) Elizabeth Middleton is presented for witchcraft. See Appendix. (4) Wee the Grand Inquest Taking notice of the great murmurings of many of our Inhabitants as tuching the gleab lands Being that the founders of this comonwealth were care- full to lay out and appoynt such lands for the encouragement of godly ministers, and now it falling soe out that wee haue bin destitute and without any for some tyme. Wee desier that some care may be taken for those lands, so that the fruits and p'fitts that doth grow due from them may be gathered into stocke against any that shall come over for their Intertynment, for lett them come over never so well furnished yet yt is like they wilbe in want of many necessaryes w""" will be needfuU in this place. This Presentment being taken into consideration yt was Agreed that all the Gleab rents for the tyme to come shall be expended in necessary provisions for any ministers that shall hereafter come among us and is left the Gou'^nor and Councell to dispose as they shall think fitt for the purposes aforesaid (5) Wee the grand Inquest doe present that whereas it comes to passe that sometymes Shipps fall upon these Coasts and are distressed, wh when our Inhabitants doe perceive they D 2 36 DENUNCIATION OF WRECKING. CHAP, presently goe aboarde them & then by fforce and in a voyelent ^._^^^1_^ way Take & carry awaie what they can come by And fall A 1660-1668, cutting & haleing downe the Eigging Tearing downe the sailes even to the Amazement and the astonishment of the shippes companyes As was of late done to a shipp wherein were several of our cun trey men. To the great dishonor of Almighty god whose name wee make pfession on. And to the shame and disgrace of this Plantation : who have had report abroad to be a mercifull & loving people : ffor in the Grovernment of Captaine Eoger Wood A Spanish Shipp falling vpon our coasts being wrecked found very Christian like dealing from us. - Soe that they coming after to Porta Eekoe gave such a gallant report of the usage they had amongst the Bermodians that then ther being diners of our Gentry prisoners were presently sett at Liberty & sent away wh money in thier purses : Who when they came home to our nation reported how friendly they were used by the Spaneyards because their Cuntrymen had received soe good quarter at Bermodes But since whether it be by reason of that unparaleled and Barbarous President giuen in the last Spanish wreck to a company of wreckt Spanyards or from our ■owne base coveteousnes not considering that eury man hath a ciuill right to his owne goods, or what it is, wee all know that S' Paul found & mett wh better dealing amongst the Heathen folkes, for he saith, the Barbarous people shewed us no little kindness for they kindled us a fier & reciued us every one And when we departed laded us wh such things as were neces- sary We therefore taking this horrible Barbarous And most Tmchristianlike action into serious debate and consideration, and observing that at such tymes through the eagerness of covetous mynded persons both law Grovernment & honesty is trampled under foote, besides future troubles of suits of law & other inconveniences which do follow desier yt some strict and speedy course may be taken to prevent such mischief for tyme to come It was then ordered that a proclamation should yssue forth for the restrayning of this euell. (6) The Grrand Inquest take notice of the number of neg- lected children whose parents keep them at home and wiU not hear of putting them forth as servants that they may be brought vp in some honest labour or calling according to the Law and coustomes of the parrishes in England It is petitioned that every Tribe or Parrish may haue power to put them out to ser- vice whereby they may be kept from Idlenes which is the root of all mischiefe. This p''sentment seriously debated yt was con- cluded yt should be put in execution according as yt is provided in like cases by the Lawes of England COMPLAINTS ABOUT THE FREB SCHOOL. 37 (7) Wee the Grand Inquest takeing into consideration the great discontents that is vpon the Tnirnds of all the Inhabitants ___^__ of these Islands concerning the ffree schoole that is errected 1660-1658.^ amongst vs : for that the donations and guifts of the Pyous and hono"® Benifactors w""" founded this schoole, is not expended according to their good intentions, w""" was for the good of the poore Inhabitants that their children might be brought up in Learneing Now the desier of our people is to haue their children read English, to write and Sipher and whether the Scholemaster be willing to take them that is not in their Accidence wee are not certeyne. But this it is That this ffree schoole is soe situated that Parents are not able for to send their children 5 or 6 miles to schoole and to pay for their dietts a»d Lodgings now we understanding that this our aggreevance hath bin by the Grand Inquest formerly presented and not heereing of any effect yt hath taken wee doe here once againe p.sent yt And do desier yo' worship and yo' councells favour and countenance That this our complaynt may be transmitted to those noble Benefactors towards this free school. And to entreat that they will be pleased to take our estate and condition into their con- sideration : and for this ten shares of Land which is at present in the occupation of the ffree schoole. To appoynt eight of them to the eyght parrishes w""" are here beside that where the schoole is seated : that soe by this meanes euery poore man may haue good thereby. And then some honest able men wilbe encoiu'aged to vndertaketo teach their children in euery Parrish at easy rates, w* now they cannot haue yt as they desier w"*" is a very sadd thing. This complaynt to be transmytted according to the request of the Grand Inquest (8) Is a recommendation of — Johnson, schoolmaster of Pembroke Tribe, for some favour in connection with the glebe lands. 17. A Proclamation by Captain Forster, January 29, 165|. (1) The hono*'^ Company haveing by this magazine shipp transmitted seuerall orders to be forthwith published in euery Tribe to the people of these Islands That thereby they may the better vnderstand their pleasures concerneing their generall affayers of w"*" I do require all manner of persons to take notice accordingly, w"" are as foUoweth. The company taking notice of the trade with the Dutch the last yeare, how their magazine shipp was thereby disappointed 38 EXPORT OF CEDAE FOEBIDDEK. CHAP, of her freight, the state of their Eights and themselves of . ^^ - . their dues, for prevention of the like They have at a Grenerall 1650-1658. Court held for the Som. Hands the 5th day of October 1652, ordered that all those that did trad with the Dutch or send any Tobacco to Holland by the said shipp, as well such as are now in England as those that are in the Islands shall pay the com- panyes dutyes for the same at the rate of a peny halfe peny in the pownd and a commission to be directed vnto Capt" Eichard Jennings : M' Wilkinson M' John Hall. Capt ... or any three of them [to ascertain upon oath what quantities of tobacco were sent into Holland and to levy payment. MS. defective]. The same day it was further ordered that whosoever shall hereafter promote, contrive, or abett, or endeavour to promote contrive or abett any trad or commerce with any nation or ship for tobacco, except the London magazine ship sent from the Company, shall be banished and expelled from the Islands for euer (2) The company being sensible of the great abuse of de- stroying cedar and how of ten it is conveyed and carried awaye by seu'all persons by shipps w^'^out the prouidence of the owners of land who desier to haue it preserued, haue ordered that their magazine shipp shall take in no cedar without their special order or warrant, and haue engaged their present captaine of their shipp in £50 sterling if he act to the contrary (3) It is ordered and specially requiered that all due care be had for the planting of Cedar. And to preserve Tymber : and that prices between neighbours be also carefully maintained and preserued (4) Capt Thomas Burrows haveing made tender of his ser- vices to the bono*'' company about the Advancement of the price of Tobacco to the value of 2 or 3 shillings in the pound or more, and doth require One hundred pounds sterling for his paynes when he hath taught yt to the people of the Islands The Companyes answere to this is That when M"^ Burrowes shall but advance the price of Tobacco by his skill and industry as aforesaid but to 2d in the pownd he shall haue an answerable allowance for the same As yt doth more at large on the said order appeare This was ordered the 24th day of October 1652 Dated at Georges Towne the 1 (signed) Josias Ffokstbr 29th of January 165f J You are to take notice hereby also that the magazine shipp is to stay but 30 dayes, and then to sett saile 18. The Generall Levy for this present 1652 was cast vp and found to be 3757 lbs, w°^ was levied vpon the GENERAL LEVY FOR 1652. 39 shares, wcli by p.portion came to each Tribe 470 lb and to each share 11 lb. tob. And payd accordingly by the severall counsellors except Devonshire tribe who fell short by reason Goody ffrith als Turner was gone, and not able to pay, and some others that did not pay ; w"'' levy tobacco was disposed of as yt was ordered at a counsel! Table as foUoweth lbs To the castle souldiers . 2350 To the fferry . . 600 ToHiggs . . .100 To the mount keeper & crier . . . 200 To George Hubbert for mending the bridges . 100 To the Marshall for the diett of Worth . . 50 To him for bringing down plankes . . 30 To him for the Castle boat 200 To Joseph Groodfaith for work . . . 100 To Laurence West for the flBatt's bridge . . 60 To Eichard Suteh for saweing plankes for the Publique . . 48 To Eobert Powell for worke done . .118 To him more for make- ing shingles and diet 84 To Myles Pert for work , done for the pub. 54 days, w'" diet by him- selfe. . . . 390 To the G-ou'"nor for nailes and brickes . , 152 CHAP. XI. 1650-1658. lbs To Geo Wells for pub. worke 51 dayes with diet .... 250 To the sherriffe for ffee in executing Worth= . 150 To the making his gi'aue ... 20 To Thos Steed for mak- ing the Gibbet . . 20 To Capt Eichard Jen- nings for diet and entertaynm' of the Guarders & Prisoners 100 To 3 men to guard vp the Prisoners . . 45 To other guarders at the prison doore . . 24 To Larance Pitcher for worke publique. . 16 For other gen''all work at Georges about the Gou^'nors house. . 75 For water caske &a payle at the castle . . 48 To Joseph Hudson for 15 days work done . . 60 To Nicholas Bagley for 50 days work done with diet for those dayes . 200 19. At a Councel Table held at Mr. house in Pagets Tribe, April 1653, being present Capt Josias flforster Gou'' Capt" Koger Wood Mr Wilkinson Mr Eichard Norwood Mr John Wentworth Antho Jenour Secre- tary. (1) It was ordered that the Court be againe held the 3rd 40 A PKOCLAMATION, 1652. CHAP, day of Maye 1653 for the trial of John middleton who is ^^- strongly suspected of witchcraft and that Jurymen be chosen 1650-1658. and summoned downe to serve for Middletons trial. Yt was also thought fitt that some grand Jurymen which served at the last assizes held in December 1652 should serve at this court also And that one person more from, each Tribe be warned for this service, and that warrants shall yssue forth immediately for this purpose w* was done accordingly [see Appendix for this trial] (2) It was then taken into consideration what inconveniences doth insue by reason that Spanish moneyes do not pass betweene party and party as formerly yt hath done And hevng m,dturely debated yt was ordered that pieces of eyght shold pass for 4s per piece for current payment betweene man and man, so that they do not appear to be apparent brasse or copper And alsoe all other Spanish to passe as formerly without refusal by any manner of persons.' 20. A Proclamation, April 26, 1653. By the Gouernor. (1)1 haveing Lately receiued Intelligence of the disobe- dience of many people amongst vs Albeyt ther hath been diuers made & published for the restraineing of severall abuses hope- ing a calme and moderate way might haue prevailed & perswaded and drawne men to line together in peace and righteousness But I find the contrary to my griefe so that I am constrayned agayne and agayne to provide for and publishe the same things, w* is enough to stirre the spirritts of men to execute the strickest course of Justice Especially when they shall see and here the Lawes and orders slighted and contemned by euery younker It moves me to thinke that there is not that watchfuUnes and care w"'' there ought to be in the older sort of people such as parents and masters, by way of prevention. It is not long since I sett forth a proclamation forbidding the going over mens grounds without licence hut I here ther is noe forbearance but on the contrary it is worse than formerly .... [he proceeds to renew the orders, MS. defective^ (2) The G-rand Inquest at the last assizes observing the fondness and folly in many parents over their children who choose rather to marry and bring up children in idleness then to make provision for theire Trayneing up in some manuell occupation whereby they may be kept from sloth and lazines, ' The piece of eight reals, now called a dollar, Is intrinsically -worth is. 2d. English. It remained current at 4s. until August 1, 1658, when the exchange was raised to 6s., which was reaflEirmed in 1662. Latterly it passed in Bermuda at 6s. id. currency, or 3s. 2d. sterling, but has now disappeared. NEGLECT OF CHILDREN DENOUNCED. 41 but alsoe made able to get their livelihod by some commend- ^5^^- able course of life And these parents being destitute of compe- ^ — - tent lands for their subsistences are constreyned to suffer them 1650-1658.. to fetch hogs meate— wood — figgs and the like wher they can find yt to the great offence and preiudice of their neighbours whom they dwell amongst These are therefore to requier all coun- cellors and other officers to take especiall notice of all such parrents & children and make report of them from tyme to tyme as ther shalbe cause to me the Grouernor That there may be a speedy redresse to such euills And provision made according as the Lawes of our nation hath provided in such cases (3) It hath bin taken into consideration, how that pieces of eyght and other Spanish coyne hath bin generally refused (lately) in payment amongst the Inhabitants of these Islands w'^'' hath made a stop of that comfortable commerse w"^ hath formerly bin betweene party and party and finding the want hereof to carry along w* y t many inconveniences It hath been consider- ately weighed by me the Grouernor & Councell [that pieces of eight, unless only they are brass or copper, are to be lawful tender at 5s each. MS, defective]. Signed Josias ffoestek 26 April 1653 21. At a Court held the 3rd Maye 1653 at Georges Towne John Middleton of Sandis Tribe is indicted on a charge of witchcraft [as ordered ante, p\ 40]. See Appendix. 22. Order of Council of State, 21 May, 1653. Inter- regnum Entry Book, vol. xcvii. C.P. p. 402. Colonels Bennett, Nathaniel Eich and Philip Jones, Corne- lius Holland, Col Stapley Lieut Col Kelsey or any three of them are appointed a committee to consider the present con- dition of the Somers Islands. The Petition of Leonard Ward and Joseph Todd on behalf of the well affected of the company of the Somers Islands is referred to the Committee for that busi- ness All papers delivered to the council of state concerning the Somers Islands are also referred to that Committee, who are authorized to confer with any persons concerning the present condition of the Islands and to prepare something for settling the government there. 42 MISCHIEF OF IMPORTING RUM. CHAP. 23. Extract from the Eecord of Assize, May 1653. t650-i658.' "Wee the grand Inquest taking notice of the great quantity of strong Drinkes wh are brought into these Islands from the Barbadoes to the great Impoverishment of the Inhabitants & alsoe for the increasing of prophanes amongst us, do desier that yf there may not be any restraynt nor prohibition hereof that then such a price may be sett for selling yt that may discourage any person to bring yt or send yt hither, as 4" the gallon and that yt may notbe lawfuU for any for to sell yt dearer that shall come hereafter. [An order to the above effect follows.] 24. Order of Council of State, 25*'' June, 1653. Domestic Entry Book. Interregnum. No. 97, p. 411. That a Comission be granted to Cornelius Holland Esq", Colonell Owen Eowe, S' Thomas Wroth, Francis AUeyn Esq™, D'' Aaron Grourdon, Maurice Thomson Esq"" M'^ W" Jessop, M"" John Oxenbridge, M"" Edward Pead, M"^ Leonard Ward, M"" Joseph Tod, M"" G-eorge Turberville, M." George Prynn, M'' Edward Carter, M"' Elias Eoberts, M' Mathew Batson & M"" Nathaniel Hawes, or any three or more of them, whereof the Grovemo'' or Deputy to be one. To be a Company for governing & carrying on the affairs of the Somer Islands als Bermudas, and to have the same powers & privileges, as the former Company had. This commission was issued June 28 (C.P. p. 405), and recites that ' Several well affected persons in the Somers Islands have been much oppressed and vigorously and vnjustly dealt with, in relation to matters of con- science and the worship of God, contrary to the privi- leges granted them, and receiving no reparation for their great sufferings, the above are appointed a Company for governing the affairs of the Islands, with powers similar to those formerly granted by the Patent of King James.' The order appears to be an act of disfranchisement on a large scale, for by the patent of King James ^ the Com- pany of the Summer Islands consisted of the freeholders and owners of land there, each of whom, being eighteen years of age, had a voice in every election and other busi- ness of the general Courts. It was not, however, in prac- tice treated as effecting so great a revolution. The Orders ' See vol. i. p. 182. 1650-1658. ALARM OF WAB, 1653. 43 and Constitutions of the original Company (which were chap. principally drawn up by Nicholas Ferrar) were left in force ; the Quarter Courts appear to have been conducted as before : and perhaps the only effect was to make the governing body a closer corporation. 25. At a Council Table, November 15, 1653. ( 1 ) It was ordered that all the Captaynes of Bands in these Islands should take a view of the Armes and affiunition to see that they may be in readynes against the tyme of need, hereingfrom Mr Perient Trott's hand that the Dutch nation intendeth ere long to keep their Eendevous here in this Island. It was vpon this consideration ordered that whosoeuer should presume to run out to sea in any Boates or Boat to hale or speake w"" any ship or ships shall loose the boat so sailed out in according to an order published for the reformation of such abuses and dangers, and of all these a proclamation to yasue out forthwith. (2) yt was ordered that the division should begin the 23rd of the same month, and that all the Levy should be brought to Georges towne and delivered unto the Sherifes hands to be dis- posed on for the publique costs The general! Levy for this present yeare 1653 being cast vp cometh to the some of 5005 tob. The publique rents andgleabes being cast vp cometh to 1650 Less paid by severall men 170 1480 [Total of charges] 4950 The payments to be made are as usual enumerated, but the column of the amounts is decayed away. Among the items are : — To the sheriffs for executing three pri- soners, of whom two were Witches ; to the mount-keeper and crier ; to Larrence West for keeping Matt's Bridge. The total is cast up 4,938 lbs., represented by 4,950 in the last line above, leaving a small surplus. 26. A Proclamation by the Gouernor, November 17, 1653. The many and sad experiences that we haue had of the great damage that hath befell severall of the Inhabitants of these Islands through the neglect of many that hath bin owners and masters of Boates, leaving abroad their sailes and other rigging 44 PREPARATIONS FOR RESISTANCE. CHAP, in the night on the shore or elswhere : w"" hath bredd pre-. . ^^- . sumption and bouldness in such as haue desperately resolued to 1650-1658. run away in Boates who are alwaies seekinge wherewithal! to ac- complish their diabolicall designes and hence yt comes to pass that one neighbour becomes guilty of anothers damage, who ought rather to seeke the preservation each of other in peace and love These and many other considerations haveing bin presented and consulted by me the Grouemor with my Counsell wee have thought it requisitt to publish that amongst you it shall stand for a law for the futuer in these Hands (That is) That whosoeuer shall hereafter Leave his sailes in his Boate or elsewhere carelessly and loosely so that the thief may or shall find his opportunity to steale them at his wiU It is ordered (and shall stand for a Law as aforesaid) that whosoeuer he be that shall after the publication hereof, leave his sailes in the night in his boate or elsewher so that any ill disposed person or per- sons may or shall have opportunity to take them away as afore- said And his neighbour doth thereby become dampnified by the loRse of his Boate Every such person soe offending shall pay the vttermost damage that his neighbour susteyneth by such default made as afforesaid without favor or mitigation for the sa.me. We haveing receaved advertizement by a carefuU hand out of our native cuntry by the ' Elizabeth and Anne ' lately arrived' That the Dutch nation have yt in their resolution to keep their Eendvous here on this Island ere long^ If yt be not prevented by the good hand of our God, and wee not knoweing how yt may easily be avoyded by any thing wee see with our eyes, or in the arme of fleshe Therefore yt ought in the first place to be the care of euery one to ymplore the Almighty for help and direction And then to bestirre ourselues like men for safety and preser- vation And because eminent danger may be foreseene by the frequent roweing out in boates to shipes discouered vpon our coastes w%ut advise or approbation Thes are to command all manner of persons to take especial notice That whosoeuer shall hereafter presume to saile off to sea w'" entent to hale or to speake w**" any shipp or shipes that shalbe discoured vpon our coasts w"'out advise or approbation of the Councellor of their respective Tribes, shall fforfeite his said Boat that he shall soe saile out in. According as yt is already exprest in an order published for preuention of such euills and abuses I doe also hereby requier all the severall captaynes of the Bandes w"'in these Islands That they do forthwith not faile to take a viewe of all the armes and ammunition, and to see that they be in a ' She arrived from Barbadoes. ' This has reference to the war with Holland, 1652-3-4. labourers' "WAGES SIXPENCE A DAY, 1653. 45 readynes & fitt for service against the tyme of need And of chap. all these particulars herein requiered I do straightly charg and ^ . comand all manner of persons to take especiall notice and yeld 1660-1658. conformyty accordingly as they will answere the contrary at their uttermost perrill Griven at Georges Town the 17th day of novemher 1653 JOSIAS FFOKSTEK 27. Assizes. 24th Decern. 1653. (1) Anne the woman Indian servant vnto Symon Harding of lie parrish of Greorges Presented for theft. Bill ignored r cleered by Proclamation and discharged (2) Severen Vicars presented to be a deceiptful and dis- honest man, the Grand Inquest being informed vpon oath by John Yates that the said Vicars hath subtilly and cunningly insinuated himselfe into the affections of a child of John Yates, and hath caused him to purloyne and to take from his father severall goodes, that is to say, a knott of sea line price 4s and five rudder Irons price 5s and six fathomes of new rope 6s which is a practice of such concernment not to be tolerated or winked att. Bound over to appear at the assizes ( 3) The great damage done by Turkeyes and other ffoules at the time of setting come, by plucking up the young plants : Ordered that after warning received the owner of the fowls shall make satisfaction (4) Wee the Grand Inquest being giuen to vnderstand that there are many young men in the seuerall Tribes that do hyere land for planting Tobacco, but yet are not carefuU to make pvision for come ground, whereby that good order formerly made that euery man should sett 2 akers of ground w"* come is not regarded but almost forgotten w"*" wee fynd to be one cause of the scarcity at present amongst vs, wherefor wee do desier that some strict order may be made that whosoeuer doth lett Tobacco land to any young men shall also lett them come ground as well.vnles the hirer hath come ground of his own otherwise And whereas ther are diuers young men who have not land to worke vpon yet will not hyer themselues to masters and soe become servants But resolue to work abroad as labourers Wee do desier that all such young men as doth intend to dispose themselues may enter themselues for labourers in the oouncellors booke where they entend to abide for that yeare, and they do not exact aboue 6d a day for their labours (5) Edward Bickerton and the wife of George Esmond are 46 TEICE OF COEN FIXED AT TWO SHILLINGS A BUSHEL. CHAP. XI. 1660-1658. presented upoa suspition of incontinency The charge is sup- ported by attestations. Sentance that unless they severally provide two compurgators,^ they shall receive 31 lashes each at the post. (6) Eichard Jones is sentanced to pay 900 lb of tobacco for the support of an illegitimate child Both parents to acknow- ledge their offence in the Parish Church of their Tribe (7) John a Skotsman and servant to Jonathan Stokes, and an Indian woman of Edward Sherlocke's. Sentanced to be whipt (8) The unchristian practice of demanding great rates for come upon the least suspition of scarceity is presented Ordered that come be not sold hereafter for any higher price than for 2s the bushell at the vttermost (9) A complaint is presented that men are not drawn fairly for Juries, whereby many feel themselves disparaged An order is given to meet it. 28. An example of proceedings in Divorce, 1654. (1) Att the counsell Table, 27 June, 1654. KaXherine Wilson the wife of Thomas Wilson Came and desiered that a bill of divorcement might be granted her to the end she might be released for euer from the Society of her husband Thomas Wilson, Ca/pt Wilkinson being present, and affirmeing that the said "Wilson had prayed him to acte for him if a bill of diverse were requiered by the said woman his wife & affirming also that the said Thomas had consented thereunto, if his then present wife did first desier yt : vpon thes considerations yt was ordered that the said Katherine Wilson should come downe to the prothonotaxyes office and there aske for her divorce vnder her hand & then when ther was another opportunity yt should be engrossed & signed & deUuered to her by the Grouemor (2) Copy of a Bill of divorcement signed by the undermentioned Katherine Wilson the 3rd of July 1654 / Katherine Wilson of the Som'' Islands late wife of Thomas Wilson now residing in the Segatoo,^ for diuers causes me thereonto moving and with the good will and consent of the said Thomas Wilson aforesd do by these presents revoke and release to him the said Thomas Wilson that covenant and con- ' See vol. i. p. 555. The remark in that place, that there are no instances of the Wager of Law in Bermuda after 1640, is erroneous. 2 Eleutheria. PROCEEDINGS IN DIVORCE, 1654. 47 tract and every pte thereof : w"'' was made betweene myselfe chap. and him at our day of marriage or at any tyme before or after . calling Grod to witness that I never entend hereafter to acknow- 1650-1658. ledge him to be my husband nor to clayme any further interest in his p.sou or personal estate of goods and chattells or any thing that is his, or shall hereafter be his But do hereby dis- clayme all advantages by any course of Law that may be taken agaynst him about the premyses & for the further and more full satisfaction herein to all men to whom yt may concerne, I do freely and willingly without any mentall reservation sett to my Hand this 3rd day of July 1654 The marke of K W Kathekine Wilson Teste Antho : Jenouk Secretary (3) I Thomas Wilson now of the Somers Islands yet late of Segatoo haveing formerly married a wife called by name Kathe- rine Wilson daughter to John Wilson and Katherin his wife of the Hand aforesd, and with all their free consents, and haveing by providence absented myself (though not willingly) and left her in her Fathers Tuition and taken care of her according to my ability for her liuelyhood vntill her comeing to me or my returne vnto her as became a loyall & faythfull husband But she not haueing the feare of Grod before her eyes, hath broken her covenant in marriag made betweene vs before god and man. And hath commytted adultery with another man .... yet at my returne hath not humbled herselfe vnto me, but contrary- wise hath neglected me, and contemned my person although I offered reconciliation vnto her — vpon consideration whereof, and by advise and approbation of the Grovernment here, I do by these presents vnder my hand make null all those contractes and promysses whatsoeuer I made in wordes at the day of my marriage w'" the said Katherine my late wife Calling Grod to witness that I am resolued and by the presents do resolve w"^ myselfe neuer to acknowledg nor clayme any interest in her person or to anything that is hers or hereafter shalbe. But do reverse, release, and for euer sett her free from me. And do disclayme all advantages by her to be taken against her And do forbidd all persons to account her to be my wife, who I also for my own part shall for euer refuse and for the better satis- faction to all people whom yt may concerne I haue herevnto subscribed my hand without any mentall reseruation whatsoeuer this 9th of Nouember 1654 (Signed) Thomas Wilson* , Teste Antho Jenouk Secret ' Volume of Wills, p. 67. 48- INDIAN SLAVES. CHAP. (4) Somer Islands ^ • To all Christian people to whom these prests shall come : 1650-1668. Know yee that at the Humble Suite of Katherine Wilson late wife to Thomas Wilson the bearer hereof, wee have caused, this our certificate to be written signifieing hereby that in conside- ration of her vnfaithfulnes vnto her husband in his absence, as also for her obstinacy since his present being wth her, wth other vnseemly behaviour towards him whose tenders towards her were tender and truely affectionate as became a christian Having examyned the matter of fact seriously wee find it to be such as moves vs of the Grovernm' here to the strictest course of Justice for matter of Bastardy and Obstinacy, and to giue each other bills of Divorcement {sic) ; in virtue whereof they haue disclaymed and revoked all contracts of marriage and euery other interest each in other for euer, to which they have signed vnder their Hands in the records of the Islands, And this wee thinke requisett to signifie vnder o'' hands and seale this 15th Novem. 1654 Signed Josias rFOKSTER Qouem. Antho. Jenotje Secret (5) By a similar process Ffrancis Woode divorces his wife Susannah Maye, and for the same cause. 29. At a councill Table 29 Sept. 1654 It was ordered that all the gleab rents for this present yeare should be reserved for the vse of M"^ Thomas Browne Minister, towards his mayntenance and paynes in his ministry among vs, vntill there be a further settlement by the honorable Company or Inhabitants here 30. The colony of Massachussetts, by a lav? passed in 1652, ordained that the Indians who were taken or sur- rendered themselves as weU in the war of the Pequods as in that of the Sachem Phillip, were to be either sold and shipped off to the Bermudas and other parts, or reduced to slavery in New England.^ Accordingly, we begin again to find mention of Indian slaves. One such occurs in the record of the Assizes of December 1653, ■another in the subjoined instrument. There was probably ■a distinction drawn between innocent and comparatively ' Hutchinson's ' History of Massachusetts,' iv., p. 307. [Tofiicfi]K4^. Portrait of the late JACOB MINORS, of St. David's Island, pilot, a native Bermudian of strongly marked Indian features ; reputed to be of Indian descent, and probably descended from one of the Pequod captives. He died 1875, aged 84. A COURT OF JUSTICE ESTABLISHED. 49 harmless Indians of the Spanish Main, who had been kid- ciiap. napped by people little better than pirates, and savages taken in warfare ; for, whereas we find in the letter No. 34, p. 55, that some consciences were already disquieted at the sin of retaining the former in bondage, there is no trace of any remonstrance touching the latter. Know all men by these presents, that I Jeames Witter of the Somer Islands chirurgeon for and in consideration of the summe of Twenty pounds sterlinge to me in hand payd (The receipt where of I acknowledge by these presents) by Eichard Norwoode Gent, have publiquely bargained sold assigned sett ouer and deliuered and by these presents doe fully and clearely sell and deliuer unto the said M"^ Eich. Norwoode one Indian man named George aged about xxiiij yeares, to haue and to hould the said Indian man &c., &c. 31. By a general letter, dated November 10, 1654, not now to be found, but referred to in 1658, it appears that the Company conceded some indulgence at this time in regard to the exportation of tobacco to ports other than London ; but they withdrew it in the last-named year. 32. It appears incidentally by a Eeport of Privy Council to Charles II., dated Nov. 14, 1679, that in this year (1654) the Company thought fit by their order to constitute a court of justice upon the spot, reserving to themselves the right of appeals and of hearing divers cases at the first instance (MS. iv. p. 180).^ 33. The date of the following general letter is want- ing ; as it refers to the execution of John Middleton for- witchcraft, which occurred on May 9, 1653, and the remarriage of his widow, it must have been written a year or more after that event, and it may be a letter which was written April 19, 1655. The magazine ship of 1654 miscarried in her passage out,^ and a long delay occurred in communication. ' The order is dated 2nd October. It only refers to suits about titles to land. Col. Papers, 33. 2 Seep. 61. VOL. II. B XI. 1650-1658. 50 THE COMPANY TO FOBSTEK, 1655. CHAP. 34. The Company to Captain fforster. April 19, 1655 ? ■ ^^- - [An intermediate letter, dated November 10, 1654, 650-1658. Yias been lost.] (1) Yr last (without date) by the retume of the magazine ship wee received the 8th of April last w^in wee doe take notice how sensible you seeme to be affected w'" the seasonableness of that mercy w""" of late stretched forth unto you a divine hand, in the midst of y"' greatest straights & sufferinges, as also that the Lord hath pleased to use any of us instruments in his hands for the freedome comfort & reioycing of any amongst you, whereby if wee giue any ground to hope for greater fredome & peace m your gou'ment then of late you enioyed, wee also trust & like- wise do assuer you That nothing shalbe wanting in our endea- vours that may lawfully further or really promote the wel being and prosperity of this plantation Wee shall therefore consider your desiers as they haue bin seuerally prsented unto us And in order to the good & freedome to the people shall first of all take notice of certeyne Grrieuances w"" are presented under the title of propossalls (2) And whereas for preservinge the crope of Tobacco both for the Advantage of the Company & the Planters it is pro- pounded that o' magazin ship arrive at Bermodas in September or October at the furthest wee shall use all possible meanes to ansuer y'' desiers herein But doe not think fitt that liberty be graunted to any person as yt is propounded to dispose of svich tobacco that shal be refused by y' Owners, neither doe wee believe a sufficient reason can be rendered why such tobacco should be vendible in any place, and should not be soe in the London Markett The Company hath bin so tender of imposing duties upon the Tobacco of the Island that they haue oftentymes fallen short to raise a sufficient sume thereby to defraye the generall & publique charges And in Testimony of our care & tendernes herein wee haue this last yeare imposed only one peny in the pound vpon the Tobacco that hath bin ymported Wee shalbe carefuU to contracte for freight at the lowest Eates & best advantage for the Company & Islands (3) Wee haVe taken into consideration & doe find that a generall liberty granted for Appeales hath bin exceedingly abused, by litigious persons And such as line vnpeaceably amongst you and therefore Wee doe thinke fitt and order that noe Appeales where the verdict is under 5'" sterl from hence- forth be admitted by you or Accepted by us And wee comend yt to the care & vigilancy of the Grou''no'' & Councell that Justice be executed ympartially towardes all, soe that noe persons for TUB COMPANY TO FOESTER, 1655. 51 want of such Appeales way haue just cause given them to CHAP complayne ^' . (4) To satisfie that Jealousie w"" possibly you may harbour 1650-1658. tuching the late Company their not accoampting for monies receaved wee think fitt to lett you understand That the Trea- surer (to whom all dutyes were vsually paid) have eu'ry yeare made vp his accompts & cleared all receipts And notw"'stand* the great sumes of monies alleaged to be receaved for duties Ano 1652 larg Cropp of Tobacco then returned, yet by reason of the Companyes disbursements to ministers to M"' Norwood, officer, & towards other publike charges, ther hath not of late yeares any moneys remayned on Cash but the Company doth still remayne in debt (5) The Minister wee now send &c (not coming I am bold to omytt {Secretary) (6) Wee doe readily condescende to yo' desiers for a free Trade with any shipes for Beefe, pork, ffish or other comodities of the Islands generally, Cedar & Tobacco excepted. And wee expect that our inclinable dispositions to answeare y'' more reasonable demands will begett a cheerefuU & willing comply- ancey in you to send home full crops of Tobacco, whereby the company may receave their duties And soe be enabled to defray generall charges and supply the Islands w* such necessaries as are wanting (7) We are now led to consider of the seuerall particulars Conteyned in y' letter and wee do thinke fitt & order that Persevall Groulding who by you is presented us as a pious teacher & eu'^y fitt for the Schoole & Land in Devon tribe To be con- firmed in the said place And that he enioy the Land apperteyne- ing to the School there And take and receave all such profitts as of right thereunto be belonginge (8) Touchi/ng the complaynt made unto us of the great waste of cedars committed by transportinge the tobacco of the Islands in boardes compacted in y" forme of chists of undue bignesse and proportion ffor redressing thereof & preventeing the distraction of Cedar w""" nnust em&ue. thereby : wee doe Order and requier That all such chists as shalbe used for the transporting of tobacco of the Islands shall consist of boardes not exceeding 1 inch & ;^ in thicknesse and wee requier you the Gou'^no"' and counsell to publish & put this our comande in execution and that you take care that the Inhabitants of the Islands and all other concerned do observe and obey the same (9) Wee haue taken into consideration the want of one servant to Mr Wilkinson & neither he nor some others have the number Allotted them in respect of their comand w'^'' you desier on their behalfe to be supplied by us And wee hope by E 2 52 THE COMPANY TO FOESTER, 1655. CHAP, the next returne of the shipp to be enabled to do so but at ^^- psent the Company are not in a capacity to make that supply 1650-1658. w"'' is desiered Wee haue chosen & appoynted Capt fiBorentia Seymer to be Capt" of Southampton Fort in the roome of his ffather Capt" William Seymer dead and wee desier you to TnaJce over to him the sd comaud w'*" all the munitions thereunto belonging for purposes of defence (10) We haue receaved an account from the seuerall Grleabes disposed to seuerall partyes who haue bin sufferers in the late troubles of the Islandes and wee doe approve of what you haue done therein As the same is certified unto us viz' {Pembroke to Pliillip Dunscombe & 1 William Watkins 1 The Grleabes -{ Hamilton Tribe to Eichard Hawkes 1 Sandys Tribe to Capt Mallory 1 & to dispose 1 (11) Wee haue taken into consideration what is propounded by you for removing into Longbird Island the Colony negros which through age are growne past labor & unserviceable wee approve y' care to prevent any charge that is like to fall upon the Company But wee do not thinke that any such negroes should be compelled to remove to Longbird Island that shall not freely desier the same But yf any among them shalbe volun- tary minded to goe thither wee chwrge the Grou'nor that they may be permitted And for such of them as you shalbe at charg w"" necessary subsistance, wee shall take care to defraye all reasonable charges that shalbe incurred thereaboutes (1 2) Wee haue sent necessaries for the clothing of old Tony to the value of xxxs w"* you shall have from Mr Eeade our hus- band wth the particulars thereof (13) Wee doe readily grant the request of M" fforster who hath expressed her desiere by you that Company would bestowe on her one of the Children of Eobert Choaker towardes the main- tainoMce of the other, both w"' are a charge to the gou''nor (1-4) ffor asmuch as you giue us to understand that diuers Bastardes, children begotten by some man or other upon the Companyes negroe weomen And disposed by their fathers at pleasure w"^out leave of the Company, we do recomend yt to you the Gou'nor & counsell to take especial care that the Eights of the company herein may be preserved, and wee doe order & requier that all such children be henceforth disposed of by you for the use of the Company only. (15) Wee taking into consideration that for preventing & suppressing the sinnes of Incest, Adulterie & fornication &c The late penall Lawes of England in that case made & prouided ahoidd be observed & executed in the Somer Islands as here in TITLES TO LAND TO BE TRIED LOCALLY. 53 England, haue therefore sent you the late act concerneing the chap. same' And because the life of eu'"y law doth consist in its due - •^,^" . execution we will & comand you the Grou^nor & Counsell to pub- 1650-1658. lish & cause that the sd act be obserued and enforced wee would not use arguments to stir you up thereunto having so lately mynded you in our letter of our earnest desiers that notorious offenders in this kind may be strictly enquired into presented and punished according to law. (16) Whereas wee have receaved Information from you of the great preiudice happening to diuers psons for want of a liberty granted to them to try titles for Lands in the Court of Assize Wee do therefore think fitt and order that all restraint for any such trialls be removed or discharged. And that a liberty be granted from henceforth to commence suits for Titles and carry the same to jugm* & recou'y in the Court of the Sommer Islands : Provided that any concerned therein may after such judgm' & recou''y have Liberty granted them by appeal to the Cormpany if in such cases appeale shall be by them demanded & required : they obteyning the order required by the Company in cases of Appeals (17) Wee have chosen an d appointed M'' Francis Watlington to be counsellor of Devon in lieu of M'' Norwood Wee have also chosen & appoynted John Miller to be Pilott for both harbors in the room of John Stowe who hath lately surrendered up his place unto the company's hands (18) The expedience alledged that the Gou^nor & Councell may appoynte for shipment & other despatches hath bin Taken into consideration by us And wee do thinke fitt That ship- masters of the Company's magazine shipps be lymitted & bound to such tymes & orders only for their dispatches & setting sail : that shalbe giuen them in orders from the Company And to prevent that hurry that is intimated to be commonly caused by the suddenes of such shipps departure Wee do thinke fitt & order that vpon the arrival of any such ship at the Island The tyme prefixed by the Company for her stay shall be by you the G-ou'nor & councell published & made knowne throughout the Islands Wee are very sensible of the charges & paynes of the Counsellors in the Several Tribes and are ready to consider the same w'" the Allowance of a servant to each of them as soon as we are in capacity so to doe (19) Wee haue chosen and appoynted M"^ Stephen Paynter who hath bin recommended to us for shereiSe to be comander of Pagetts fforte in the roome of M'' Woode ' An Act for the punishment of incest, adultery, and fornication. May 10, 1650, cap. 10. See ' Acts and Ordinances of Parliament,' Nov. 1640-Sept. 1666. Scobell, Lond. 1658. 54 THB COMPANY TO FOESTEE, 1G55. CHAP. And wee pray you the Grou'iior & Counsell to invest him in Xi- ^ the saide charge with all rights thereunto belonging, ffor w* 1650-1668. purpose wee haue herew"" sent him o"" commission (20) Wee doe Approve & confirm for Headers in the severall Tribes the persons whose names are presented unto us by you viz. ffor Georges M"' Bridges Hamilton James Neewbold Devon Tribe Percevall Golding Pagetts Tribe ffrances Flaike Sandis tribe Thomas Hall (21) Wee take notice of y' notion on the behalfe of the widdow Cox That no advantage of Law be taken by us for the goodes of her late husband who having layne long under sadd temptacons was at last found strangled w'" a cord And wee think fitt and order that our release (soe farr as yt may concern us the Company,) bee granted to the Widdow Cox for the goodes of her said husband, and that no advantage of her be taken by the Company (22) You signifie unto us that the wife of John Middelton' who suffered death for witchcraft hath since her said husbands death married another man and upon pretence of obteyneing the Companyes release doth refuse to satisfie Middletons just debts wee therefore taking the same into consideration doe thinke fitt That all such goodes as Middleton possessed at the tyme of his araygnment & execution be lyable to satisfie his juste debts accordinge to Law Wee do thinke fitt that the wyfe of George Stalver the old ferryman be continued in the place of her late husband she undertaking and performing all such attendance & service as the quality of the place doth requier (23) Capt Jenins hath exhibited unto us a charg ag' M"^ George Tucker John Stowe & Eoberte Hole for suspicion of Treachery ag* the state of England & this company And upon due consideration thereof wee finding that the said Capt Jenins doth impeach of Injustice the grand Inquest & others doe therefor requier you the gou''no'' & councell to examine the whole matter of the s* charge And transmitt the same w"" the proofes unto us, for w* cause wee have sent unto you a coppy of the said charge and what else hath been presented unto us, assisted by o' secretary (24) The s* Capt Jennins hath propoimded unto us on behalfe of himselfe & others That whereas there were taken by deceipt & brought unto the Som' Islands by Capt Preston & ' Hanged May 9, 1653. LIBERATION OF INDIAN CAPTIVES. 55 others about 1 1 yeares past 30 or 40 Indians w"" were freeborn chap. people And ther made perpetual slaves to the great dishonor of , •^^" . Grod & the pulling down his judgm' on the Inhabitants of the 1660-1658. Islands to the preiudice of the Company That some course may be taken for the restoring of this freeborne people to their form"" libertyes And that the taking and Binding of such for the future may be prevented, wee do pray you to deliuer your sense & opinion of these proposalles And what you conceive in Justice may be expected from us And wee doe asuer you that yt is farr from our purpose to take awaye the servant of any man to whom any service doth belong of right, but in our care to releive the oppressed & to execute Justice wee are ready to do that hath bin propounded unto u?, in a busines tending soe much as is alleadged by the propounder to the glory of Grod & the honor of the Company (25) Wee haue bin moved on the behalfe of M'' Phillip Lea that he might obteyn a confirmation from this Company of halfe an acer of land in p.portion to eu'y share of land he enioyeth in the Som"^ Islands, to be sett out for him by the Gou''no"' & councell, according to the 106 Article in the booke of Lawes And wee do thinke fitt that M"^ Lea haue the benifitt of his s* clayme & that he obteyne y' warrant for the setting out the land accordingly : provided yt shalbe made cleare to you that the like proportion hath bin granted to owners of land in other Tribes in the said Islands (26) Wee haue receiued information that M"" John Ball hath transported from the Island in Capt .... his ship severall quantities of cedar of a good value. Contrary to the Lawes of the Company And notwithstanding a prohibition thereof was published at the mayne maste of the said ship And wee doe requier you the Grotfner & councell strictly to «xamyne that busines : state the matter of fact, and to transmytt the same w"" the Examinationes & proofes unto us whereupon such course shall be taken as to justice shall requier (27) In the cases of Damon Knowles who hath bin sued by Robert Dickenson And a verdict obteyned ag' him of 3001b of Tobacco for certeyne wordes spoken by the s** Damon to M"" Paynter, wee requier you the Grou'no"' & Councell to examyne the said case state the matter of fact & transmytt the same w"" the examynations & proofes unto us & we thinke fitt & do order that the p-ceedinges at Lawe ag* the s'^ Damon for the same do cease until you do receave further directions (28) In o' Last Generall letter wee requiered an accompt from you of the Colony negroes & wee expected that you would have made a retarne accordingly but finding that the sd order hath bin neglected wee must agayne mynde you of yt o'' order 56 THE COMPANY TO FOESTER, 1655. CHAP. & wee reqiiier you strictly to enquier and to examyne what . ^^- . number of negros belonge at this tyTne unto the Company : in 1650-1668. whose hands such negroes are & upon what termes they are hired sending an accompt hereof by the first conveniency, and wee being informed that John Turner hath one such negro and Thomas . . . another of these, wee shall expect from you a par- ticular account : (29) A petition hath ben presented unto tjs by Edward and marye Brackley his wife & for what ia conteyned therein wee referre you to the petition ytselfe a Coppy whereof wee send you attested by o'^ secretary, & wee requier you the G-ou''ner & Councell to enquier into the whole matter of the petition & transmytt the same w"" the examinations & proofes (30) Wee have appoynted M"" John ffox to ouersee the shippes loading & unloadinge & to take care that from the Hands no Tobacco be conveyed save in the Companys ship & noe Cedar be transported but what is allowed for bringing home the comon growth of the place And wee think fitt to giue him such reward therefor as was form^y granted to M' Hall (31) Wee taking into our consideration that Warwicke & Smythes Tribes in the maine are at present destitute of Eeaders, have appoynted & confirmed M' Reighton (who hath lost & suffered much in the late troubles there) to be Eeader in War- wick And wee do thinke fitt that the said M' Eeighton have liberty & also to receive aide & assistance from the Grou''ner & counsell to read, preach & expound in the churches and for his paynes to be taken herein wee have allotted him an house & two shares of gleabe land in the Hands And wee doe comend unto y' care M' George A . . . . Reader for Smithes tribe & wee pray you to settle him therein if no just cause doth appeare to the contrary (32) Wee have appoynted Counsellers for the yeare ensue- ing viz ffor Pembroke Tribe IVF Henry Moore in the roome of M' Berkeley ffor Smithes Tribe M"^ John SondfuU in the roome of M' Peniston ffor Pagetts Tribe M"' Phillip Lea in the roome of M' Whentworth (33) Wee comend to y' care o'' deputy Coll Rowe his busi- nes, that you assist his agent M"" William Wilkinson in takeing possession of one share of Land in Pembroke Tribe now or lately in occupation of Giles ffunge or his assignes w"" our deputy hath purchased lately of M M ... & that you call before you INQUIRY INTO THE LATE REBELLION. 57 the Tennant or Tennants thereto And cause them to pay unto chap. Wilkinson for our deputies use all such rents as are in arreare . ^^- . & get receipt by them Alsoe wee doe desier you to be assist- 1650-1658. inge unto Capt fflorentia Seymer who is agent to • , . .in receiving all such rents as are due from his tenants respectiuely And wee do further desier you to be assisting unto Capt Wilkinson in the behalfe of M"' Wilkes in the despatch of M'' Webbes affayers in the Islands (34) In our last generall letter we did comend tmto you the Case of M'' Leonard ward regarding some land taken awaye from him by capt Tumour w* desier the same might be enquired into and certified tinto us but thereof wee have receaved no accompt Therefore wee again commend the said busynes & do herewith send you a coppy of M'' Wardes case as yt was described by himselfe & to examyne who hath held & enioyed the 8 acers of land in the sd shares since they were taken away from him & who hath them in present possession What is the rent thereof. What trees or other things have bin cutt downe & carried awaye & by whome & a true value thereof And that you certifie the same unto us. (35) Wee have sent imto you Captain fforster in considera- tion of y' late expenses and for y' better encouragement in your care & endeavours on the Companyes behalf e certaine comodi- tyes w"'' you shall receaue by o'' magazine ship consigned unto you, and for asmuch as ther hath bin hitherto no execution of the cheife Actors & abettors in the late troubles & Eising in y* Som"" Hands ag' the State & Grou'm*, wee do think fitt that yourself & counsell do examine that busines upon Oath. And transmitt y*^ examynation thereof unto us by the next returne of the magazine ship and for such as you shall find vpon examynations to have bin those actors & fomenters of the sd troubles & risinge : you a/re to take sufficient security that they shall not depart the Hand until the pleasure of the Council concerning them be further knowne And in the mean tyme that they be allowed to live quietly & peaceably under the pre- sent gou''m' : And all such of the counsellors as vpon examyna- tion shalbe be foimd to have had a hand in the plotting & contriving of the sd Eising wee requier you that they be forth- w'" suspended y"' connsell As for them that have bin sufferers in the said late troubles & riseinges we leave them to take their course at Law ag' all them that have done them personall wronges or iniuryes (36) All such petitions & appeales as hath bin made unto us you shall fynd disposed of according to the severall orders of court herew'" sent you. And in the case of Bar .... 58 THE COMPANY J'O FOESTBR, 1655. CHAP, against Eobert Dickenson wee have comended y' to y' care & ^^' endeavour to prevent such wrong and oppressions of the people 1650-1668. among you And thus committinge Grods gratious Prouidence John Oxbnbeidgb Grour. Joseph Todd isack eowb PS Wee have appoynted our Magazine ship w"" wee now send unto you to stay at the Islandes & to unlade, fforty dayes & no longer And wee requier you the Gou''no'^ & CounceU that as soon as yt shall please Grod that she shall Arrive you do forthw'" giue notice thereof to all the Inhabitants To the end they may have convenient tyme for the bringing downe and shipping all their tobacco And wee pray you to use y'' best endeavour to gett this shipp as full freighted as you can And that noe Tobacco be transported from the Island in any other ship or vessell save in this o"" magazine ship w'^" wee requier to be despatched in the tyme limyted. 36. At a Council Table, 2nd April, 1655. It was ordered by the Grovernor and Council that M' Perce- vall Groulding should have possession of the schoole in Devon Tribe from which M"^ Norwood was removed, and to dispose the same vntill order should come ouer of the Compa. And also that the Library should be delivered vp by M"" Norwood vnto Perce- vall Groulding when the Sheriefe shall come for the amount thereof It appears elsewhere that this order, which embraced the disposal of two shares of land, whereon the school- house stood, was carried into effect on the 2nd June, and a full catalogue of the books has been preserved under the following heading: — A true and perfect accompt of the Bookes belonging to the Librarie belonging to the School house sometymes in the hands of M"^ Eichard Norwood and now delivered by him the 7th May 1655 unto Persevall Goulding in the presence of me Anthony Jenour Secretarie (1) Books bestowed 1635 by M"" Grabriell Barber vpon the Library of the Somers Islands 10 volumes folio, 1 paper Booke THE BERMUDA LIBRARY. 59 (2) Given by M"" Michael Sparkes 1638 2 volumes folio 7 chap. volumes quarto and Prynnes Pamphlets. ^I- (3) Given by the Lord Mandeuille 1640 1660-1658. 39 volumes folio 53 volumes of other sizes (4) Given by M"- John CUff 1640 Hakluyts Voyages and discoveries 1598 folio (5) M' Michael Sparkes gaue to the library in Aiio 1643 Mercators Atlas in English, folio. (6) By M' George Tucker Esq" 1640 A Payer of Globes with their cases. (7) M"^ Gabriell Barber gaue for the Library of the Som. Islands severall Bookes which he sent over by M'' Gouldinge, which were receaved the 29th day of August 1650. ] 2 volumes foHo 10 of other sizes (8) M"" William Goulding Minister gaue for Library of the Somers Islands by his last will and Testament 2 Bookes de- liuered to M' Norwood by M"^ William Wilkinson August 29 1650 viz. The Imperial history of Edw. Grimstone Thomse Aquinalis Summa totius Theologise (9) M" Virginia ffarrer ' sent to the Trustees some books tuching the kinges supremacie The truth of which is doubtful, so I forbeare to mention them. April 1652 Her booke entitled 'Virginias Health and wel- fare,' properly bound vp in vellum w"* a mapp of Virginia April 1653 A new and rare discourse tuching silke wormes ^ Of this library, comprising about 67 works of solid learning and divinity in folio, 52 volumes in quarto, and about 28 in octavo, not a trace exists — the remembrance has vanished like the books. It seems impossible that this can be the result of neglect or wilful destruction. It might be accounted for by a fire ; but no record of one has been found, and the only alternative is to suppose that the books were sent out of the island ; a search, however, in the Prince Library at Boston and other old libraries in New England, while it has shown that many of the same works exist in them, has failed to furnish any clue, and it is therefore useless to print the list.^ ■ This enthusiastic lady was a granddaughter of John Ferrar, Governor of the Company in 1619, who was elder brother of Nicholas Ferrar, of pious memory. ^ Reprinted by Peter Force. Tracts, vol. iii.. No. xiii. p. 40. ' The Prince Library began to be collected by Rev. Thos. Prince, afterwards minister of the South Church, Boston, in 170H, and is very rich in books of the 17th century. I am indebted to Mr. Sam. A. Green, one of the Trustees of the 60 WRECK OF THE ' SWAN,' 1655. ^^f- 36. At a Counsell Table, 1st of June, 1655. 1650-1658. It being taken into consideration by the Gouemor and coun- cell that the ' Swan ' being setts forth for o'' magazine ship for this p''sent year 1655, and cast awaie at Milford Haven, as by certayne intelligence receaved from the master and passengers of ' the King of Poland,' arriveing here the 13th Maye of 1655 doth appeare And haveing noe newes yet come to hand from the Company what to doe in the matter of shipping of Tobacco vpon the ' King of Poland ' w"" being now in question by reason of severall letters sent by some merchants of London to their agents here, who doth order them to ship their Tobaccos in the said ship, w* being presented to the Gouernor & Councells con- sideration It was not thought safe by them that any tobacco should be shipped home but such as should be consigned to the Port of London, according to all former orders in that case from the Company from tyme to tyme. The order being read to M"^ Johnson Master of ' the King of Poland ' he duly yeld himselfe lyable therevnto and desiereth that hee may haue liberty to take in what tobacco he pleaseth from such agents who haue Order from their merchants to ship vpon his said ship, w*"^ was granted and M"^ Johnson promiseth to have a perfect accompt to the Gou'nor what Tobaccos he so takes into his ship. 37. Wreck of ' The Hopeful Luck.' Oapt. John Wads- worthe. The Company to Captain Forster. 12 June, 1655. Captain fforster Since wee wrote vnto you by the ' Imployment ' about Wadsworthes busines we haue receaved more certeyne infor- mation of the Eudenes of some of the planters. And some came over eyewitnesses to the same in cutting downe the Rigginge of the ship, pretending to be a wrecke And takeinge awaie goodes out of the hould notwithstanding the Cap' of the ship was on board and notwithstanding the Gou^'nors order to the contrary. And withal we understand by a letter to M"^ Poade dated the 28 March 1655 and other letters to some par- ticular members of the Company certifying that you had some certayne goodes come to your handes taken out of the said ship a part whereof is sould about the middle of march last to suffi- cient men Intending to send the produce home to vs by the ffirst magazin ship : but wee being satisfied by good hands that yt was no wreck doe rather advise you vpon sight here of to Boston Public Library, in which it is now deposited, for a careful examination of thirty volumes whose titles oociir in the Bermuda list. NEFARIOUS PRACTICES OF WRECKERS. 61 deliuer vp all the proceed of the said goodes and all such goodes chap. as came to y"' handes yet vnsould vnto M"^ Thomas Eichardes the . ^^' . Agent of M"" Trott who hath bin a great sufferer by the said 1650-1658. losse not known both vnto vs & you. He the said Trott having giuen bond to beare you harmeles and tobe answerable for the vcdue of the Goods to any interested therein A coppy of w* Bond wee have herewith sent you And wee haue thought fitt to giue you this tymely advice from the apprehension wee haue that if it be not so done There will be that course taken after wrecks that some of the Inhabitants will be loathe to feele, and wee to heare of, being fally sensible of the woefull miscarriages that haue bin ther for the proof of w"" there will be little les than a Jiury of wittnesses. Wee need say no more but be advised y'' loving ffrendes London 12 Jtme 165.5 Owen Eowe Deputy W° Webb To our loveing iFriend George Turberfeild Capt Josias Fforster Joseph Todd Treasurer Deputy Gov. of the Edward Poade Som'^ Hands. &c. Isaacke Eowe [The Bond is inclosed : Perient Trott, who had goods in the ship ' to a very great value,' binds himself to Capt. Fforster in bOOl. to be answerable to any other parties who might claim an interest in the goods recovered.] 38. August 27, 1655. It was ordered by the Gouner & councell vpon the complaint of the wife of James the negro at Heme Bay against Matthew Nash. John Browne Henery Hall and John Waynewright, ffor abuse and damage done to her in a royetous way or manner That they shall pay at the next diuision 401b of Tobacco viz 301b to the generall Levy and 10 lbs "to the Negro woman to be taken vp by the Shreiffe 39. At the Assizes, held 20 November, 1655. (1) Grace the wife of John Bedwell is presented for witch- craft but acquitted. See the Appendix. (2) Wee the Grand Inquest after severall complaints made vnto vs about the shipes cominge into the Towne Harbor, have taken the busines into our considerationes knoweing that the Castle Harbor is chiefly appoynted for them to come in There being a continuall garrison kept. And perceiveing that yt is very inconvenient for comeing into at the Towne harbor It comes 62 PRESENTMENTS OF THE GRAND JURY, 1655. CHAP, to pass many times that the people comeing down they and ^^- their boates lye winde bownde to their great losse of tyme and 1650-1658. charges and oppressing their ffreindes, w"" if the ships were in y" castle harbor people might haue all the mayne to Ireland and releive themselves, and there they could lay vp their boats safely and walke home liy land : and this aggreivance we doe present to this court and desier yt may be remedied And now haveing moved this court to have all the shipes brought into the castle Harbor w"" wilbe very comodious for the Islands wee thought good to think of a pilot to bring them in hereing that at present there is none certeyne. And haveing herd a very good reporte of the ability and sufficiency of one Thomas Heyes of this Towne and hereing by his neighbours w""^ are of our court That he is a very honest and laborious and industrious man and very actiue and Ingenious and apt, for such a place : wee the Grand Inquest doe all wth one consent desier y'' worship that he may have the place, hopeiag that he will be ready to giue content This being taken into consideration by the Grouernor and Bench : yt was thought most necessary that yt should be left to the Grovernor whom to imploy from tyme to tyme beinge for labor. (3) And whereas wee find by experience a great abuse done by the Inhabitants in taking liberty to themselves contrary to ancient custome, in payeing awaie tobacco, before the vsuall and sett tyme of division, to the preiudice and discouragement of the owners of land in respect of their rents, and of merchants in trusting out their goodes as also for the publique charges in the Levy .... W"*" motion by the Grand Inquest beinge seriously debated yt was ordered that whosoeuer, shall for the tyme to come pre- sume to dispose of any tobacco of the yearely growth before the tyme affixed by the Gou'nor and councell for division. Such tobacco so disposed, the one halfe thereof to be forfeited for publique vses and the other halfe to such person or persons as shall disoouer the same (4) And whereas there is an Act against all forestalling and engrossing of goods or comodityes in a markett : in M"" Poltons abridgement of Statutes Vpon diners complaints made vnto vs by the Inhabitants wee doe present M"^ Thomas Eichards of Southampton tribe, ffor that he when as M"" Peniston brought in a vessell laden with salt, a comoditie w'" the Hand had great need of, and would have been sold for hides, hay and basketts and such like trade as people had, he steps in and buyes yt all vp and sells agayne for money and tobacco to the great hinderance of the Inhabitants. And also when the ship UNJUST EXACTIONS — LIQUOR LICENCES. 63 * Imployment ' came in one M"" Bishop the masters mate of the chap. said ship brought over a parsell or cargo of goodes amounting . ^^- by the report to the value of 50 or threescore powndes or there- 1650-1658. abouts And this also M'' Eichards went aboard, and bought all vp and carried to his house, and there sells them Doubtles at a greater rate than he payd for them, the -w"^ if the goodes had not been so bought in grosse, the Grentleman being to return with the ship would have sould them at very reasonable rates for ready tobacco, and many people would have much bin releived by them. We doe present thes doeings as an vnsuffer- able greivance and desier that noe such practices may be toler- ated amongst vs (5) Also wee here of much complayneing by o' Inhabitants w'* wee do take notice of and doe present yt as a great Grrieu- ance vnto this Court. That whereas diuers gentlemen of the honorable company and members thereof have settled a factory here for the supplyeing of the Islands wth necessaries and these factors in selling of their masters goods doe very much oppresse the people, and by the enbaunseinge of their prises doe exact farre more vpon the comodities then is rated vnto them in the Invoices contrary to their masters order or advantage but only for the secret gayne of their factors and wee know that each marchant putts vpon his goodes all the petty charges besides what they cost And wee conceive that the ffactor should be contented w'" his wages. And being our necessityes doth con- strayne vs for to buy of them, wee desier that they may lay out their Invoyces that the Inhabitants may see the price of euery particular or ell of cloth vnder their marehants hand that they may be no more abused (6) We the Grand Inquest doe present that abhomynable sinne of drunkennes w"'^ doth rage and reigne as at this present tyme in all places of these Islands That as yt is said by the prophett All tables are full of vomiting, ffeareing that if this sin of drunkennes shold not be presented. Impleaded, and stood vp against, the hand of (xod may be feared to fall vpon vs in some worser kind than in wrecking our goodes. Drunkennes was the cause of that notorious vproar stirre and outrage w"" was of late in Deuon Tribe . . . where there was likely to be man- slaughter w"" comes to passe by reason of so many tipplinge houses w''* are suffered in euery corner : ffor preventing where of we desier that noe one may be suffered for to drawe strong drinke in a retaileing manner to be dranke in their houses with- out a Licence And to be bound wth suerties by recognizances for keeping good rule and order in their houses accordinge to the Law in that case prouided And for the gTeat quantityes and abundance of strong drinkes w'" is continually brought into 64 PRESENTMENTS OF THE GRAND JURY, 1655. CHAP, this Islands, wch hath bin by former grand Inquests prsented •^^' . and complayned of and answere was them made by some, that if 1650-1658. we shall debarr the bringing in of strong drinke we shall lose the trade of Barbadoes And wee say agayne If yt be continued with- out restreint It will euen distroye this poore place And therefore wee do most humbly intreat your worship w"" your counsell to take yt into your considerations and find out a waye to prevent yt for the tyme to come. (7) Alsoe wee doe present to this court that most horrible sin of sweareingand blasphemeinge the great and glorious name of God w* is nowe growne so comon and vsual that euen the little children hath taken yt vpp. And you knowe the prophett saith because of oathes the land mourneth. And in the law of God yt is that a blasphemer was to be stoned to death And being that wee have a law amongst vs against that sin, wee desier that this may be taken into consideration and that Law put into execution more carefully And that such as are in any place concerneing the Gouernment of this place may haue this in charge that each one according to their degree and quality may be proceeded against and dealt w'^all, that all such as seeme not to feare God may be caused to feare man (8) ffor those men amongst vs that take vpon them the trade of sawing of Tymber now of late are growne so ineorrig- able that they will not sawe for any man not after the old rate and order of hafife a crowne a hundred, but they will have three shillings and sixpence the hundred, nay 4s or halfe the boards wee do present this as an abuse of the Inhabitants, that have alwaies vsed to have thier Tymber sawne for 2s 6d and that now they shold seeme to demand 4s the worke being the same to them now that yt hath bin formerly to other men, wee do present yt to this court, who have power to compell them to do their work accordinge to the ancient custom and order and rate. (9) This presentment relates to the Coopers, who are charged with making caskes of a wrong guage apparently too small. MS. defective. (10) Certeyne Presentments deliuered to the Grand Inquest by the Officers of the Severall Tribes as fifoUoweth. [There fol- low 13 presentments, all for acts of immorality. In one instance 39 lashes awarded, in others 31 lashes, or a public acknowledg- ment before the congregation.] (11) Walter Abbott is charged with a gross and illegal pro- ceeding who went into the docke in the sight of several persons and did euen creep and stoop down to Bedwells wife (see p. 61) and whisper to her, w"" is a thing not lawfuU or allowed in any court, that any one should prompte a Prisoner at the Barr Therein to plead against the Lord Protector in the Prisoners COMPENSATION TO POLITICAL SUFFERERS. 65 behalfe, w""" business wee take to be of soe high a natuer that we present it to your worship desiering that such a pson may be made exemplary — Also he Abbot was herd by John Coleson leso-ioas. who is now in court, when that Eobert Powell was cald to giue in evidence ag' the prisoner at the Barr, say to Bedwell he is noe evidence, he is periured, and did much lame Eobert Powell's evidence as appeared. Whereas wee all know that the said Eob. Powell for that business for w"" he was convicted periured for, was a matter knowne to be true that he afiBrmed, only he was mistaken in the day that the thing was done : vpon the consideration whereof the assembly that held presently after did restore the said Eobert Powell to his former condition .... [goes on to recommend that Powell shall have leave to proceed against Abbot for defamation] Appearance by recognizance. William Haynes, for falsely reporting Mrs. Millor to be a witch. (See Appendix.) Mr. Berkley on charge of rape. Discharged with an ad- monition, the parties having gone to New England and none left to prosecute. 40. At a Generall Assizes, held the 20 November, 1655. (1) Vpon an accon entered by Capt Stephen Paynter and Capt WilHam Wilkinson in the behalfe of themselues and the rest of the sufferers ag' Capt Eichard Harbert Capt" Thomas Jennings and others that had a hand in the rising, in the be- halfe of the country Vpon the request of Capt Harbert and the rest it was ordered by the Grou'^nor and counsell in court that 6 gentlemen as Arbitrators and the Grou^'nor himselfe as umpire or moderator, should put a period to the busines and whatsoeuer should be concluded on by the said Gou'^nor (Q. Court?) and the Grou^'nor, both plaintife and defendant hath consented to stand vnto. And whatsoeuer shall be so concluded at abouesd the Grouernor and councell will give sufficient power to those who are to Levy the same, on all who were actors and known abettors in that Acton complayned of. And whatsoeuer shall be so agreed vpon shall be in nature of a judgment. (2) The petition of the defendants. May it please your honor and the worshipfuU counsell fowding to our complaints y^ inclinations suitable to our earnest desiers that a generall reconciliation w'" vnity loue and peace may be Accorded to this poore Colony, wee are bold to preferre this our humble request VOL. II. F 66 COMPENSATION TO POLITICAL SUFFERERS. CHAP. ffirst that you wold be pleased our busines may be referred , ^ , vnto six men, three chosen on our behalfe and three by Capt i650-ie58. Paynter Capt Wilkinson and y' honor as moderator 2"^ that the burthen may not be cast vpon a few particular men to their vndoing, that as yt was a generall Acte soe yt may be a generall payment the countrey were actors and abettors S"'" That the attorneyes of those persons that are absent and out of the countrey may in the behalfe of them w"*" the rest here giue vs w'" the rest of the countrey a finall discharge for all acts and thinges done by vs, or any of vs in or about that vndiscreet Eising 4"' we desier that the powder and match w* was brought from Barbadoes being purchased by the country and made vse of for the vse of the company, may be returned, or the value thereof towards the payment of what shalbe thought fitt 5'^ we desier to informe you that wee never receiued the fund now demanded : for many paid not ? what was by them- selues Levied Wee humbly desier you would consider that when Mr Beaumont was taken at Nevis and surprized for comeing to this place viewing of the Grouernors Letter and the Acte of indempnity then produced, Sir George Askow (Ayscue) cleered the shipp The names of those gentlemen chosen Mr John Devitt Capt fHorentia Seymer M'' John Somersall M' Edward Hinson Capt" Eichard Jennyns M' Anthony Peniston (3) To the gentlemen elected to arbitrate the Cuntreys differences Worthy Gentlemen To make a larg preamble to a business so well knowne vnto you were superfluous yet to be silent in a matter of such consequence wold be deemed simplicity wee haue the les to say, because we doubt not but y' moderation [consideringe the people are generally poore And the accon produced a generall preiudice] : will mixe mercy with miscarriages. Wee were in hopes that in soe long a tract of tyme the love of peace would have bredd peace lone and patience Wee acknowledged our error to the company who by their answere resented and as wee vnderstand vpon our submission desiered and enioyned a generall reconciliation, ffor the Acte of Indempnity though AWAKD OF AEBITEATORS. 67 sent from the enemy, yet on good grounds we conceiue yt chap. was consented vnto by the Counsell of state, and the States . ^^- . Generall Sir Greorg Askew (Ayscue) : vpon w"** we noe waies i650-i658. doubted but our condition might be sutable to other Islands, and our submission being free without compulsion ; the pre- mises wee referre to your serious considerations hopeing the prince of peace will guide your harts to conclude a real peace Gilbert Hill John Dorrell Thomas Wells Charles Whitenhall Robert Pulford Michael Burrowes (4) The Award. Wee whose names are herevnder subscribed or written, chosen six of vs by both parties to put an end to the difference made by the rising in the Island in the yeare 1649 doe order and awarde as ffoUoweth. Impr° That all that were called Agitators or part of them shall pay to them that any money or goodes were taken from them, their money plate or goodes agayne by the last day of October next And to have power to levy yt vpon all those that were any wayes actors in that rising with them according to their severall estates 2'^ That they are to have all the Powder and match bought with any part of that goodes so taken from the then suffering party restored to them agayne, or pay for yt, in regard they are to make satisfaction S'* Wee do order that the party then sufferers shall vpon the receipt of money or goods giue their severall acquittance both for themselves and in the behalfe of aU others to whom they or any of them are attorneyes, and for all matters and iniuryes done to them or any of them by that riseing 4* That those that did then Suffer shall subscribe to a writinge if presented to them, to be sent to the honorable company of Adventurers of this Hand That they may receiue full satisfaction of all matters concerneing that Eisinge (Signed) John Devitt Fflorentia Seymour Edward Hinson John Somersall Anthony Peniston 41. At a Council Table, 19 December, 1655. (1) It was then ordered that notice should be giuen to the Tribes in gen^'all that Capt Limbrey his ship was ready to take in Tobacco : and to requier them to provide that their Tobacco should be shipt w'" all possible speed as wind and weather F 2 68 IKEEGULAE PREACHING AUTHORIZED. CHAP, .should permjtt It was further ordered that whereas ther hath ■ •^^ - bin shipt vpon the ship Imployment some tobacco belonging to 1650-1658. M'' Perient Trott w'" the knowledge and consent of M"" Henery Moore, that the said Tobacco so shipped should be taken out of the ship Imployment, and shipt vpon the Loyalty whereof Capt Limbrey is comander : vnles that M' Jenkens and the s" Captain shall otherwise conclude between themselves (2) At this Table the master and merchant of the Orange tree vessell made complaynt against the men : about the breake- ing vp of the Steward his Eome and for to take out severall victualls : the men pleaded yt was want of convenient victualls that occasioned them soe to doe. The other affirmed that they wanted not : and vpon this account the M' and merch' wold haue turned them out without payment of wages : but being taken into serious debate : yt was ordered by this table that the master should pay the men their wages and sett them free from the ship 42. At a Council Chamber, 22 January, 165|-. (1) At this meeting Mr Eobert Browne minister makeing demand by his petition that the Gleabe at Georges w'" the house might be deliuered vnto him, that thereby he might the better provide for his family if he should like to staie in the Islands. It was concluded that he should have the disposuer of the Land, soe as to agree with the Tennants as he thought iitt himselfe. And it was likewise then ordered that he should be tolerated to officiate in the ministry accordinge to his obli- gation w'" the company. Att this court also the companies order tuching M"^ Eeightons enterteynm' into the tribes called Smythes Tribe and Hamilton tribe to read preach or expound the scriptures : yt was consented vnto by all the counsell psent except M"" Somersall : who forbad him to preach in the church w"" he said was his, standing vpon his land purchased lately and conveyed to him, and he had the company's seal for yt, never- theles yt was ordered that M"" Reighton shold have freedom to officiate according to the companyes order and to be posest of the Grleab in Hamilton tribe. (2) .... It was then also ordered that all the Captaynes of the severall bands within these Islands shall take care that all such as were in Armes and actors in the late Eisinge and have any shott powder or other amunition in their custodye or possession, yt should be imediately seized by the sd Captaynes and kept in safe custody by them : If any shall deny the delivery thereof accordinge to the true intent of this order LEVY OF DUTY FOR DEFENCE. 69 they shall be forthwith sent Prisoners to the G-ouernor and to chap. answer their contempt. ^ '- (3) It was also ordered that the G-ouernor and counsell 1650-1658. should meet at Capt Lea his house to consult ahout the execu- tion of the companyes commission ahout the Eiseing 43. Order, 27th March, 165f Domestic Entry Book. Interregnum, No. 105, p. 11. (1) Forasmuch as the Security of the Somer Islands, other- wise called the Bermudas, is of much eonc'nm' to the service of this Comon Wealth, And whereas, towards providing of Amu- nicon for supply, and defence of the said Islands, and the maynetayning of Forts, Ministers, and other OflBcers both Military, and Civill there, a duty hath from the begining of that plantacon been layd yearely, by the former Governors and Company of Adventurers for those Islands for the tyme being, at their Com-ts in England, upon the Tobacco of (tlie growth of those Islands) w"'' hath been imported into this Nacon, w* duty, and allowance hath heretofore beene usually paid by the per- sons interested in such Tobacco, and soe hath contynued, till that very lately some psons have w"'drawne the same ; To the intent therefore, the safety of those Islands may be better pro- vided for, and the proteccon of the well aifected Inhitants contynued, by the Supply, and sending of Amunicon and the Mayntenance of Ministers and publique Officers there, in the way that hath beene accustomed, Ordered by his Highness the Lord Protecto' and the Counsell, that the members of the said Company, and all psons trading thither, or otherwise interested in any imported Tobacco of the growth of those Islands, doe satisfy, and pay such usuall yearely tax, and duty, as shalbe sett upon such Tobacco, by the G-overno"" and Company who are now intrusted w"" mannageing the affaires of that plantacon in Eng- land, at their Courts in, or about London, to such pson or psons in such proporcons, and at such tymes, as the said Gov' and Company now intrusted as aforesaid shall, according to y" Antient Custom in that behalfe, Lymitt, and appoynt. Pro- vided that the said Tax and Duty doe not exceed one penny for each pound of such Tobacco imported as aforesaid ; And in case any of the said Members, traders, or others shall refuse to make payment as aforesaid, then the s* Governo'^ and Company are to returne to y Counsell the names of such refusers that they may be summoned to show Cause why they doe not satisfy, and pay the duty, and allowance that shalbe sett and laid as aforesaid. 70 ROGUERY OF TOBACCO GROWERS. CHAP 44. Memorand. IStli Aprill, 1656. 1650-1658.' That I John JBayley in Devonshire Tribe Plant'' this 18th day of Aprill 1656, do freelie give and possesse my daughter Mary with a Negroe girle named Elizabeth, that is to say, to shee and to her heires for ever. And if in case my daughter doth die, then I doe give her to her daughter Mary and her first Issue to possess at the weining of it, and the rest of the other Children as following in age. And in case any of my daughters Children dyeth, the rest are to possesse, but never to be sould from one another. And this is my full intent. Witness my hand. Signed John Batlet. 45. A Proclamation by Capt. Forster, May 6, 1656. By the Grou'ner I haveinge observed from tyme to tyme that it hath bin comon amongst men here in thes Islands, when their croppa hath bin taken away from them by the hand of God vpon vs, yet to murmurre and repine and be ready to ascribe yt to a/ny thing rather then to our sinfulnes, and say why is yt thus w"" our ffiggs and our tobacco and corne, while alas few doth 'consider with them selues the Guilt that lyes at their door by reason of their own evil passions, excesse of strong drinke, couetiousnes pride and riot, with other reigning si^s and abhomynations, w"" are growne soe high that the same complaints and exhor- tations may Justly be taken vp against vs in these our tymes as by the Prophet Joel in his tyme Cap. I. And wee haveing the same alseeing God who seeeth and knoweth all hearts workinges, and how they tend mostly to deceipt even vpon that comodity w"*" under God is the cheife meanes to vpholde our outward man w"" deceipt is manifest by the vnconsionable makeing and payeing of badd tobacco for good comodities . . and by that slye and crafty waye of bynding vp their rowles together so fast with stringes that it is not easy to discerne their falsehodes hidden w'^in them Also by making vp their wreathes some handfulls good and some badd and by leaving vnstript their smallest sort of tobaccos to be beaten w'" hammers at the Buttendes them soe that if they can obteyne a good cutt here and there its all these decieuers doth desier. This and many the like devices by men of corrupt myndes spreadeinge abroad in the world hath or will ere long make that our comodity contemptible to merch- ants and all men, and doubtless bring reproach and miserye vpon vs and ours If ther be not a tymely reformation, and be- SYSTEM OF MARKS. 71 cause I find euery mans eyes are shutt and [none] will see chap. Godes patience towardes them, who hath so fatherly warned vs, '" as not willing to take advantage against vs : Yet this warneth 3650-1658. not but is rather slighted and dispised Soe hath bin the tender care of the Grouemment who have sought to prevent this evil] by their wholesome Lawes advice and counsell from tyme to tyme And now the Honorable company as foreseeing these emlls that may come thereby, hath requiered that some speedy course may be consulted here for redresse thereof, The consideration whereof hath moved me to sett forth this my Proclamation, to lett all men know and vnderstand That if any manner of pson or psons whatsoeuer within these Islands shall after the publi- cation hereof presume to vse any crafty dealing as formerly, as in makeing up tobacco deceiptfully as abouesaid, or shall vse any other trickes deceiptfully in making vp their Eowles wil- fully to decieve men All such Tobacco being discouered by triall or otherwise Yt shalbe losse to the first makers and owners thereof And not payable for debts, rents, or vpon any other account whatsoeuer, and for the better discouery of these slye practises it is hereby ordered that all and euery p.son or psons who are planters within these Islands shall first before their Tobaccos pass from them out of their hands and posses- sions sett their severall markes vpon each and euery Eowle That soe it may be knowne and returned to the maker and owner thereof as cause shall requier, who shall not refuse to receive it being foimd deceiptfuU as aforesaid but shall bear his losse if yt be returned within 3 monthes, next after the payment thereof nevertheles if any manner of pson shall voluntarily take and receive any tobacco immarked and contrary to these pro- visions made as aforesaid Then yt is hereby ordered, that he or they that so receives yt shall have no benefitt by this my proclamation And it is further ordered that all manner of psons shall have liberty to use all lawfull meanes to search and try any mans tobacco before he receives yt without any contra- diction of the makers or owners thereof []Next follows a prohi- bition against disposing of any part of the year's crop of tobacco before the day of division yearly, by the Governor and Council, according to ancient custom fixed. MS. defective.] It is also required that all and every Planter w^in thes Islandes be care- full to make vpp their tobaccoes in small wreathes, smooth and handsomly But now especially to observe the companyes instructions in making their Eowles not aboue 18 inches in length, and not bigger than 5 wreathes about. And Lastly I doe requier all and euery councellor in their respective Tribes to take care that this my proclamation be duely observed and kept. If any manner of persons shall refuse conformity here- 72 rRESEXTMENTS, 1656. CHAP, vnto Then you are hereby also requiered to cause such persons _3Jl_- to be arrested And sent prisoners to Georges towne there to 1650-1658. remains untill he or they haue vndergone the Lawes and penal- ties provided for Contemners of Authority And of this leit euery one take especiall notice As they will answers the con- trary at thisr perill Griuen at Georges Towne vnder my hand this 6th day of maie 1656. JOSIAS FFOESTEK 46. Presentments by the Grand Inquest, May 1656. (1) wee the Grand Inquest doe present Thomas Stokes of Warwicke tribe Coopsr, who by comon fams is reported to be a fifellow of a very evill condition by carrying tales and making strife and debate amongst the Inhabitants, as hath bin notori- ously knowne formerly by M' Copeland and others. And now at this present is accused to haue gone about with a false reports and lye, w"" he hath forged against M'' Wm Eeighton and our worshipfull Gouernor, w"*" is of great concernement, as is knowne to the counsellor of Warwicke tribe and Pagetts trihe, who hath bin very deligent to snquier yt out and found that hs only was the rayser of the report : Soe that we conceive he deserves to be made vncapable of any creditt to be given to any thing that he shall report hereafter vntill he be knowne to bs reformed. ffor this publique fame of Thomas Stokes he is demed and ajudged to receiue 21 lashes vpon the naked back in Warwicke Tribe and to be deemed and declared infamous. (2) And whereas William Holmes of the same tribe is a man much about the same tsmper and disposition : for hs hath very falsely made report of Thomas Moors and his wife tha;t they should so vn reasonably beats and chastiss thsir maide servant that they kild her As is to be seen by several declara- tions and attestations . taken by the Secretary and M"^ Wayn- wright To the Great discrsditt and wrong of ths said Thomas moors and his^wife, for w"" the sd Holmes is noe waye Tninded to make reparations to them Wee doe present ths said Holmss to your worship and councsU that he may bs thsrsfore preceded against according to the nature of such a heynous offence Wil- liam Holmes for his offence aboue msntionsd was censured to have 21 lashss vpon the naked backe at Warwick tribe and to be bound vnto the good abearing by 2 sufiScient sureties vntill the next assizes ' (3) And whereas through ths Goodnss of God, that wse haus leather made amongst vs : now yt is complayned of to vs That ' The evidence of the alleged cruelty is recorded. It is somewhat contradic- tory, but the fact of the puiuBhment having heen inflicted is not denied. EXPORT OF LEATHER PROHIBITED. 73 our Tanners vse to sell away their leather to shipps w"'' is a chap. great prejudice to vs the Inhabitants their soe doeing Therefore ^^- . wee present the Act of the Tanners That it may not be lawfull 1650-1668. for any of them to sell away the leather that is of this Islands growth and that the shoemakers may have yt to supply the Island with shoes Vpon consideration of this presentment it is ordered that what Tanner soeuer amongst vs that is found or knowne to make sale of an tanned leather to any ship or shipps shall forfeit all that his leather so sould (4) Wee the Grand Inquest hauing received a presentment concerning Eobert Powell of Greorges Town Cooper who hath in a notorious and vnherd of maner raysed a slander against a noble Gentlewoman our Gouernors wife who is of an vnspotted reputation amongst vs, as also her sister Mistress Paskow of whom we know nothing against (except vnder correction as yt was with David in the matter of Uriah : since w"" tyme she hath carried herselfe ciuilly and modestly as beseemeth a woman) : now wee taking into o'' consideration thes gross and foule asper- sions that is now cast vpon them by the said Eobert Powell Doe present yt to your wors" and your council to take notice off: wee being not able to thinke or conceiue of the wrong they may vndergoe by such slanders: ffor as the envious saith That although the wound be healed the scarre remayneth. ffor which slanderous reports raysed and proved by two witt- nesses vpon their oathes, yts the sensuer of the whole councell that Powell should make a free acknowledgement in the Parrish Church of Georges to those Gentlewomen abused. And that he should be declared infamous : and receiue 31 lashes vpon the naked backe w"" lashes were remitted at the humble request of his wife and childeren and for their sakes only The depositions of the two witnesses are recorded. The punishment was remitted on the following humble petition to Madam Fforster ^ : — Y' honours poore petitioner being in his conscience con- vinced of his most malitious and wicked practice in defameing and scandalizeing a woman of such integrity of life and conver- sation : who hath rendered her virtuous selfe vnspotted and blameles in the eyes of the whole world viz your honours worthy selfe : In satisfaction I confess the life of your humble peti- tioner doth not in due measure baUance, and your honors • The graceful custom of distinguishing the GoTernor's wife as 'Madam' pre- vailed in Bermuda wllhin living memory. 74 EXPORT OF COEN PBOHIBITED, CHAP, sensuers too little to satisfie such Offence. Yet in respect to , '^^- ■ my spotles and inocent wife and poore children I beseech your 1650-1658. honors to extenuate his sensuer w'"' to vndergo wilbe an ever- lasting reproach and brand of infamy to all that hath relation to your poore petitioner And so doth leave the moderation thereof to y*" honors consideration and tender compassion for whose eu''lasting welfare none shall morre earnestly pray than your humble petitioner KoBEET Powell The like request and earnest w* the acknowledgement of the wrong done vnto M" Paskow y"" humble petitioner desiers may be embraced.* One of the deponents declares 'that this Powell said that he would write a letter in Eoman hand for Anne Morgan (the other witness) when she went to Barbadoes (that should not be knowne)'to be delivered to M' Paskow, that his wife might not knowe it,' proving that writing not to be yet in general use. (5) It being also reported to vs the Ghrand Inquest that yt is entended by some among vs : that seeing the Lord hath bin pleased by this seasonable weather to power out a blessing vpon vs, (as he saith, that wee shall not haue roome for yt) To send come out of the Island, And wee considering what inconve- niences may follow vpon such Actinges wee beinge a poore people, and dwelling farre from friends to supply vs if we should have need and of no ability to purchase releife in such a case wee present this vnto your worship and councell, desiereing that you would prohibitt the transportation of come if any shall attempt yt This presentment being taken into serious con- sideration It was ordered by the whole Court that whosoeuer he be in these Islands that shall offer to transport any come of our growth on any ship or bark he or they shall forfeite all such come soe taken and proved to be transported with the hogsheads belonging therevnto (6) It is also reported vnto vs that there are some houses in this Island that makes yt their common practize and custom to entice other mens servants and children in the night season and suffer them to play at cardes for drinke and other provisions, w":" is a great wrong and preiudice to their neighbors Wee present this as a great Grievance And desier that some penalty may be thought vpon to be inflicted vpon such offenders as shall transgress herein ' As there is plenty of evidence, besides the curious language of the Grand Inquest (p. 73), that this lady was no better than she should be, this extorted apology throws great suspicion on the uprightness and independence of these Puritan censors. CONDITION OF THE DEFENCES, 75 Vpon this presentment yt was ordered by the vnanimous chap. consent of the court sitting : that if any man or his wife shall ^^- hereafter presume to enterteyne other mens servants or children 1660-1658. into their houses either by day or night, and suflFer them to play at any vnlawfuU games contrary to the Lawes in such cases pro- vided It shall be lawful! for the Justice of that tribe or other officer to proceed against them, and bynd them to the good behaviour, and to answer the fact at the next assizes. If they still persist therein then they are to be grieuously fined (7) Wee doe present that wicked and develish sin of lying .... (8) Wee doe also present that horrible sin of sweareing and blasphemeing the most holy name of God who declareth him- selfe to be a Jealous Grod — saying Thou shalt uot take the name of the Lord thy Grod in vain .... (9) Wee doe present the Beastly sin of drunkenes — ^which is so rife and comon at this tyme that wee may say with the pro- phett — all tables are full of vomitting .... (10) Wee the Grand Inquest hearing of Warrs and rumours of Warres that are abroad and that the Spanyarde is so insolent and bould to giue our nation a challenge to fight with them, and not knoweing how soone that potent enemy may make assault vpon our Islands, have taken 3rt into our consideration and have made choyse of fouer gentlemen of our house viz Capt. William Williams, Leiften' John Eawlinges, Leift Barnard Coleman, Leift. Christopher Smyth, who with the approbation and consent of the Governor have taken a view of the castles and Fforts and of all the ammuntion thereof, and have made report to vs as followeth : That for the comonwealths Castle their armes are in generall so completely kept that they are as if they came out of the armourers shopp : but for the castle ytself yt is soe leaky as yt is not habitable. The Turret, the Powder rome, the bartlements, the platformes, the salleyporte, the Pallisadoes, are all soe ruinated and demolished and soe out of order that we want wordes to describe the condition of them at present. And besides the Leiftenant and his Company complayne that they are much shortened in their allowance of Come and particularly Sandis tribe came short 1500 of come the last yeare. And Southampton Fort there nothing to be commended : but the platforme and all else is ruinated, and not like a fforte. And for Smythes Fort all things are in good posture but only the Powder house. And for Pagetts Fort all thinges in so good order and posture as is very comendable : only there wants hinges for the powder room doore. At all the Castles and all the ffortes is not only a great want of Powder but also of divers other things the fortes are so very much out 76 THE INCORRIGIBLE SAWYERS. CHAP, of order, that they are not worthy the mentioning. So that if _ • - wee should have any onsett by an enemy wee are not able to 1650-1668. meet yt at all. "Wee doe therefore present this sadd condition of ours vnto your wors"" and y"^ councell desiereing you to take yt into your considerations That this our presentment may be transmitted to the honorable company in the regard to the ruenated condition of all our flfortes and the Poverty of the Inhabitants That soe they may put to their helping handes to repayer them agayne (11) Henry Morgan petitions that he may enjoy the lesser Brothers Island : refused : the Island to be kept for loanes for the bordering Inhabitants (12) John Hurt of Davids Island presented for moving a marked Boundary tree. Fined 201b tobacco, according to the law provided (13) Presented as a grievance that other persons in Greorges besides the Marshall sell drinke Wee do desier being it is his priveledg that yt may not be lawfull for any other to sell drinke in Georges, but the said Leiften' Anthony White Marshall (14) Soe yt is saith the Grand Inquest that at the last Assizes amongst other diuers abuses As the incorrigible genera- tion of Sawyers was presented, but finding nothing executed Wee doe againe present our Sawyers for that they are so insolent as to say nobody shall make them worke. Wee conceive yt is in your wor"' power to compell them to worke at such Eates as the Ancient Custome, being yt is their Trades This present- ment being consulted by the Court sitting, yt was ordered that Sawyers shall have no more for their worke by the hundred than 3s, and for that they shall square and toppe all their trees they undertake to saw. And that no man for tyme to come shall . . . bargaine with any sawyer to sawe at halves, and no sawyer shall presume to take tymber to sawe at halues, if any of them shall nevertheless presume so to do, all such tymber shall be forfeited (15) We doe likewise present all pathes and high waies to the severall places to Eendevoes as being foule and dangerous to march in by night and other tymes also. Wee doe desier that comande may be speedily giuen for the clearing of them, and making the wayes to them passible for 3 men abreast. (16) Wee doe present to y"" considerations the inability of body, by age, of John Crofts Leiften of Pagetts fort. And wee doe desier your worsh" that a more able man may be put in the place. Or that Capt Paynter maye fynd a man that may be able to help him traverse and loade a peece of Ordinance, as need shall requier RELIGIOUS DISCORDS. 77 The names of the Grand Inquest who subscribed this pre- sentment M"" Robert Kestawen John Dorrell Barnard Coleman John Eawlinges Edward Sherlocke Thomas Brereton Gilbert Dill Thomas Griffen Henery Moore Samuell Whitney W" Greenaway Henry Sharpe Godherd Asser Thomas Burgess Christop Smythe William Williams CHAP. XI. 1650-1658. 47. At a Counsel Table— May 1656. It was then ordered That whereas ther hath bin lecteuers in Pagets Tribe held by M"^ Browne and M"' Reighton, w'^" tended rather to stirre vp contentions than edification of the people. For prevention thereof It is thought requisite that these lectuers held in that tribe and place do cease, and that there be no joynt lectuers hereafter there or elswhere. But the severall ministers shall betake themselves to their charges appoynted them by the bono*'* Company nevertheles if they shall be invited hereafter to any one of the Tribes to preach, then their paynes therein taken shall be very acceptable, and being there they may performe any other office of a minister : It is likewise ordered that all such as hath bin bound over to those assizes vpon that accompt shalbe released and discharged . . provided they fall not into the like disorder by wordes or actions tend- ing to the breach of o"^ comon peace w* if they or any other shall presume to do, they shall each of them be liable to vnder- go the vttermost the law hath provided ag* the disturbers of the peace publique as aforesd It was then ordered that it shall be lawfull for the captayne of the Castle called the kings castle, to send forth a Pilott to any shipp discouered vpon o' coast when he shall thinke meet and such as are at hand when necessity shall require At this tyme Lieft' Eawlinges was nominated to be coroner of these Islands .... 48. The 28th of July 1656 At a Counsell Table held at Georges being present Capt Josias fforster Gotfnor. Capt W. Wilkins Mr John Millner Capt Phillip Lea & Antho Jenour Secretary Wee heareing by certeyne Spaniards w'^'" M"" Justinian Martin brought into o" harbor the 24th of July (being distrest at sea) that ther hath lately bin a great shipp & great store of Eiches in her wreckt at sea neare some of the Bahama Islands And 78 TREASON SEEKING IN BAHAMAS. CHAP, by ther report is likely to be recouped and obteyned It is ^ • ■ thought fitt not to neglect any opportunity for the recou'y 1650-1658. thereof for the benifitt of the Lord Protector, the bono*'* com- pany and of the recouerers that shall aduenture therein, yt was therefore ordered That Capt Eichard Lockyer have a com- mission to goe forth for the discouery and recouery of the said Treasuer And that the Spaniards (being 8 in number) be kept on shoare vntill Wee heare further both of o' Lord Pro- tector and the hono™^ Company, and their pleasures knowne therein It is also agreed that the two men, one Irish, the other English, with the Spanish Pilot shall saile forthe w'" the said Capt Lockyer and the others be kept as afore said : vntill wee have further intelligence of the truth of thinges : only ther beeing an Indian amongst these Spanyards w"" M"" Martin desiers may be kept on his account and not to be disposed of vntill fur- ther order from him It was likewise promised that M' Martin aforesaid shall have a share or parte porportionable to his ser- vice in bringing the Spanyards to o'^ Port, if the designe doe prosper according to expectation This was granted the rather because M' Martin did freely yeild vp and deliuer to the Pilott all his instruments for navigation and dealt well with the rest in returning their clothes to them. [This entry occurs in nearly the same terms in Vol. II. p. 259, and Vol. III. p, 484.] 49. July 1656. Capt. E. Jennyns, by virtue of a power of attorney from Sir Benj. Euddyerd and Mr. John Grant, lets a share of land of 25 acres in Pembroke Tribe to Gideon Sears and WilHam his son for the term of their two lyves, at the annual rent of 220 lbs of good and marchantable Tobacco the growth of the Islands Two Capons and a Turkey Cocke at the usual tyme of division yearly The Tobacco to be casked and shipped as Captain Jennyns or his assignes shall order. And also to ship yearly with the other Tenants his proportion of Two hundred weight of Potatoes and Two hundred of Orranges to be sent by the magazin ship yerely to the Landlord, if the said ship will re- ceive them, w* a clause of reentry for non payment But if the hurricano shall blow the Tobaccoes, then that yeres rent is to be made good with the next, or if in tyme to come tobacco be totally deserted Then the Tennants for the tyme being are to pay such rents as the Governor & Councell w'^* shall be, shall order. And also a covenant to improve the lands by planting vineyards and young cedars. Three other shares are let on similar terms. 1650-1658. FREEHOLD TENURE OP CHUKCHES. 79 50. At a Quarter Court deriuative for the Somer Islands *^^f p- Company, held at the accustomed place in Watling Street, September 2, 1656. The Grand committee doe this day report in Court their Opinion touching a Petition that came ouer in the companies box of Ltres, directed to the Et Hon*'® the Earle of Deuon and subscribed by seuerall of the Inhabitants of Deuon Tribe in the Somer Islands for confirming vnto the Inhabitants of the sayd Tribe successiuely for euer the vse & p.priety of a piece of ground whereon their Church is built, and which is set apart for the decent buriall of the dead : ffor that some persons who pretend they have bought the land vpon which some of the Churches in the said Islands stand, do giue out that they are become propretaries & owners of the Churches built thereon, and threaten vpon euery displeasure to pull downe those churches. And it is therevpon thought fitt and ordered by this Court That the opinion of the said committee be confirmed, and that the Governor & Councell in the sayd Islands do secure the quiet and peaceable enioyment of the Church in Deuon Tribe there, and aU other Churches in the Other Tribes to the Inhabitants of the Tribes respectiuely And this court doe nominate & appoint M' Eichard Chandler and M'' Perient Trott or either of them to p'sent the said Petition to the Earle of Deuon, or the countesse Dowager his Lordsps mother' 51. At a Counsell Table 22 July 1656. It was then ordered that nevertheless a fformer order made by the Gou'^nor & Coimsell that the severall ministers should have liberty to preach at any the Tribes to w"" they were invited, yet now of late wee fynding a great inconveniency like to growe thereby, yt was thought fitt to send forth a warrant to charge eueiy of the said ministers to keep themselves to their respec- tive tribes, and not to stirre vpon any invitation whatsoeuer vntill further order be taken for a more quiett settlement of thinges of that natuer, and ordered also that a warrant should ' TSo churches were consecrated in Bermuda, nor indeed had any episcopal func- tions, such as ordination or confirmation, ever been discharged in the colony, before the year 1826, when Dr. John Inglis, D.D., Bishop of Nova Scotia, was sent down for the purpose. The Islands were attached to the see of Newfoundland down to 1876. The Eomau Catholic population is and has always been very small ; until within a few years it was under the episcopal supervision of the Bishop of Charles- town, S.O., and is at present under that of the Archbishop of Halifax, N.S. That the present traditionaiy attachment of the people of Bermuda to the Church of England should be largely leavened by Congregationalism, or that in former times irregularity reached the stage at which everything distinctive disappears (see under 1685), can under these cireumstanoes be no matter of surprise. 80 RESTRICTIONS UPON GRAZING CATTLE. CHAP, yssue forth for that end and purpose ■w* was done accordingly , ■^L_ only with this reservation that M'' Burr should be at liberty, 1650-1658. being not yet admytted and approved by the Company' 52. At a Quarter court Deriuitive for the Hom'' Hand Company, held at the accustomed place Watling Street London, on Tuesday the 2 Sept 1656 Whereas information hath bin giuen to the Company That great quantities of Land in the Som"^ Hands w'^'' were formerly occupied in planting Tobacco, are now employed in grazeing and feeding of Cattell, by meanes whereof the poore of the said Hands are like to be deprived of the benefitt of their labors and their onely subsistance, and the Hand ytselfe to bee dis- peopled and left destitute of defence. And that information hath likewise bin giuen That the Cattell that hath bin bredd and grazed as afforesaid are transported to the Barbadoes and other places and ther sould and returnes made thervpon in stronge liquors, w°" hath bin imported and vented in the said Hands to the great disorder and disturbance and distemper of the inhabitants there, the exhausting of the treasuer and im- poverishing of the place, and high dishonor of Almighty God. Vpon consideracon of the same this court do thinke fitt and order that from and after the second day of Feb. w"" shalbe in the yeare of our Lord God 165| noe pson or p.sons whatsoeuer shall employe any land in the Som. Hands for pastuer land to the feeding or grazeing of Cattell ther : but what hath bin soe vsed in the yeare 1635. And that all lands that hath bien con- verted to pastuer since that tyme shalbe ymployed as fformerly. And eu''y person offending therein to pay for eu'^y acre of land that shalbe employed to the contrary p.portionably more or lesse the summe of forty shillinges The same to be levied by way of distresse or recorded by way of accon in the name of the Gou''ner and company here as it shall be thought most convenient. (2) Captains of vessels arriving at the Somers Islands are required to give a Bond of £500 that they will not carry off from the Islands any Seruant's or Debtor's Tobacco Cedar or any other prohibited Commodity, of the growth of the said Islands : before they can be allowed to discharge cargo. This order was renewed at a General Court, Feb. 22, 166f (MS. iv. p. 89.) ' Jonathan Burr was apparently not in orders. He was dismissed from his office of Reader in 1661. His will, proved March 8, 166§, is extant, and contains nothing to show that he was in the ministry.- COMPLAINT OF BANISHED SCOTS. 8L 53. At a Quarter Court for Somers Islands, chai'. Sept. 16, 1656. ^-^^ 1650-1658. The humble petition of William Steward and other Scotts- men complaining that they haveing bin taken prisoners at Worcester and therevpon sent ouer to the Som' Hands to serve the Colony for 4 or 5 yeares only ; were drawne by the sinister practice of Capt. Eichard Jennings to sett their hands to Inden- tures to serve 7 yeares contrary to the orders and directions of the State who limitted only 5 yeares And therefore pray that they may be freed from service at 5 yeares end According to their countrymens tyme in other plantations. The same being taken into consideration by the Grand Committee to whom yt was referred Their opinion therevpon was this day reported in Court viz that forasmuch as vpon search made in the Admiralty court it doth not appeare that ther was not any tyme limited by the State for the petitioners service. The said Comittee doth thinke fitt that the petitioners be left to serve accordinge to their respectiue indentuers w* being vpon question put to the vote, yt was voted in court and ordered accordingly * 54. The Council of State, Sept. 13, 1656, refers the whole business of the Somers Islands to the Committee for America, to consider it and report what they conceive fittest to be done for the safety thereof. The Governor and Company of Adventurers are not to make any altera- tion in the places of command without approbation of His Highness and Council. The ' Loyalty ' now bound thither is not to depart without special hcence. (C.P. p. 448.) 55. At- a Quarter Court for Somers Islands, Sept. 24, 1656. This court being moved by M'' Perient Trott that he might have liberty to take from his owne land on the Som'' Island 5 Tons of Cedar and yt was there vpon thought iitt and ordered that liberty be granted to the said M' Trott or his assignes to load in the Good ship Loyalty whereof Cap' John Limbrey is ' After the defeat of Charles II. at Worcester, Sept. 3, 1651, we learn from Clarendon that ' They who fled out of Worcester and were not killed, but made prisoners, were treated best and found great humanity, but all the foot, and others who were taken in the town, except some few officers and persons of quality, were driven like cattle with a guard to London, and there treated with great rigour ; and many perished for want of food ; and being enclosed in little room, till they were sold to the plantations for slaves, they died of all diseases.' — ' History of the Eebellion,' Book xiii. VOL. II. G 82 THE COMPANr TO FOESTEK, lf?56. CHAP. M' for this present voyage fSve tons of Cedar proved of the ._5Jl_ gi-owth of the said M'' Trotts land in the Somer Ilands afforesd 1650-1658. any law or order, injunction p.hibition or restreint to the con- trary, in any wise, notwithstandinge. Thomas Maktin Seer. 56. The allusion to the Eev. Eobt. Browne as having been one year in the island determines the date of the following letter to have been 1656, probably September. He was certainly appointed in 1655, and this is consistent with the signature of Major-General J. Disbrowe, who was appointed Governor of the Company in that year (C. P. p. 449) :— The Company to Grovemor Fforster. (1) Yours of the 24 of Maye 1655 with the bondes wee receaved the 24th of July flfbllowing by the ship Elizabeth & Anne whose despatches unto us w^'out order we can noe waye Approve of or comend, when wee consider how preiudiciall the transporting of goodes out the Islands by any other than o' magazine shipp might have proved to the Company & Islands in case the Swan of burden 370 tonnes, contracted for in August 1654 (but miscarrying in her voyage) should have arrived at the Islands. Wee are not Ignorant of the losse susteyned by the planters as well as the marchants on such a miscarriage. But yet wee thinke fitt to mynd of that regard w"" ought to be had to o'' orders and comands, w"'' wee would not haue dispensed w'" upon contrary windes or weather. And that you may be further directed herein wee have sent you the inclosed order w"*" wee pray you may be observed. (2) It hath bin our great care to supply the want of minis- ters now in the Islands Although our successe herein hath noe waye answered our indeavours. And wee haue had more than ordinarye hopes that the minister wee had sent you by the Swan would have made good the Testimony of him giuen unto us And the solemne engagements w* hee had made before us: but he haveing receiued his commission And haveing bin in- formed ag' tuching disorders commytted by him whilst our magazine ship lay in the Downes, did afterwardes most shame- fully desert the shipp, the service, & all his engagements. What is conteyned in y"" Generall Letter tuching Doctor Browne now a preacher in the Som Islands ' And what is men- ' Eev. Robert Browne, D.D., appointed September 1655. Traceable in Hamil- ton Parish in September 1658; in Pembroke Parish, April 1658 to August 1660. PROCEEDINGS AGAINST ROYALISTS. 83 tioned in his petition have bin considered of by us And wee chap. have thought fitt to order Doctor Browne £4:0 to be paid unto ^^- him or his assignes for one yeares service ending at midsummer 1650-1658. last past. And upon that information wee have had of the generall approbation of him by the people wee further thinke fitt to continue him minister in the Som"^ Isl. upon triall & until further order And for other particulars in his petition wee shall consider of them in due tyme (3) Wee are sorry to here that the odious sinnes of drunk- enes sweareing & whoreing do so much abound amonge you to the great dishonor of god & the scandall of religion And that wee are necessitated so often to mynde you of a carefull en- deavour to suppresse such enormous evilles, we have therefore thought fitt to send you the late Penall Lawes of England made & provided & do pray you the Grou'^no'^ & Councell to put the same effectually in operation w"'out partiallyty or respect to any particular persons whatsoeuer (4) Wee coinend y'' care & forwardness in repaireing the Forts & have considered of the want of amunition And besides the 4 Barrells of powder sent by the ' Imployment,' wee have sent 3 Barrells now & thirty musketts by this Shipp (5) Wee sent you a Commission by the ' Ymploym' ' for examining upon oath the busLnes of the late Rising in the Som' Hands And by our Generall letter did requier you to take securitye for all who upon examynation should be found to haue bin cheife actors & ffomenters of the s* rising yf any of the Counsell should be found to haue had a hand in the plot- tinge & contriveing or aiding of the said Eising That such be forthwith suspended the Counsell : And wee Againe as wee doe now requier you to put the said commission in execution : As also the fformer order of the Company ffor seizing the pson & estate of Capt Turner as Cheife Actor in the said risinge & to certifie us of y'' proceedings herein (6) Touchinge the goodes taken out of the shipp the 'Hopeful Luke of London' fallen upon the rockes and lost, wee have long since despatched our Letters in that behalfe And wee think fitt to send you alsoe Coppies of what wee then sent (7) Wee have considered the Gen'^all desiers of the Inhabi- tants ffor despatching our magazine shipps infutuve in August, and shalbe ready by all endeavours to answere their desiers as wee have done in o"" last (8) Wee giue you to und'stand that at the motion of M'' Phillip Lea that he might have halfe an acer of common land in p.portion to eu'y share of land he enioyeth in the Som' s 3 84 COMPLAINTS OF BAD TOBACCO. CHAP. Hands, to be sett out for him by the Gou'iio'^ & Councell accord- -^^- , ing to the Article 106 in the booke of lawes, wee did order that 1660-1658. you the Gou^'uer & Councell should grant y'^ warrant for setting out the land If y t should appears unto you That the like petition (qu. concession ?) hath bin already made (as he himself e affirmeth to have bin done) to owners of Landes in other tribes in the Som"^ Hands Wee hauing since received information of the great preiudice like to ensue to diuers persons i/ti case the said order should be put in execution doe therefore think fitt that the execution of the order be suspended And that you the Grou^'ner & Counsell doe expresse your opinions to us con- cerning the same (9) The Tobaccos come over in this shipp have proved so badd that the Company thereby lost much of their duties and the planters of their profitts And wee hope they wiU be excited from the consideration of theire losse, to make better Tobacco for the future And wee pray you the Gou^'ner & Councell to give strict charg That the Tobacco made in the Islands be well & sufficiently cured & true made upp That soe the sending of badd & rotten Tobacco, as heretofore, may be prevented (10) Wee have written our letters unto M"^ White & the rest at Elutheria inviting them (as many of them as are willing) to the Som"" Islands And haue assignd M"^ White the house & the gleabe land at the overplus for his reception upon arrivall and desire you in your letters to them to signifie so much .... Wee have thought fitt to nominate & confirme severall military officers as ffolloweth viz ffor Warwicke •] Capt" Phillip Lea & - Leiften' John Eawlinges Pagetts tribes J Ensigne John Waynwright Ju'' ffor Sandis tribe Leiften'. . . . ffor Southampt. Tribe Leiften' John. . . . ffor deuon & Pem. tribes Capt Phillip Chaddocke Leiften' John Elwicke You are to take notice that the Capt [Leiften'] & Ensignes are Commission Officers and you Capt fforster to these have to grant commissions, ffor other particulars mentioned in y'' generall letter wee shall giue you an answere thereto upon o' magazine shipp And thus comending you to the grace of God we rest Your very loneing ffrendes John Bisbeough Edward Poade Perient Trott Owen Eowe dep. Eich Chandler Joseph Todd Phillip Lea WILLIAM REIGHTON, LAY READER. 85 57. Att a generall Court for the Som'' Island company held chap. at the accoustomed place in Watlinge Street London ^^' monday 7th of September 1656 [the date entered is 1655, but this must be a clerical error] 1660-1658. Whereas yt was ordered the 19th of Aprill last past that M' William Eeighton who hath lost and suffered by the late troubles ' in the Somer Islands should be confirmed in Hamil- ton Tribe ^ as Eeader preacher & expounder of the word of God there, and receaue encouragement & assistance from Grou''nor and Councell in the said Islands to read preach and expound in that Tribe, and in consideration of his paynes to be taken therein should have & inioye an House and 2 shares of Gleab land there : heretofore in the possession of one Hooper vntil further order to the contrary. And whereas the grand Com- mittee did this day make reporte in Courte That the house assigned to M" Eeighton as afforesaid is situate in Smythes Tribe, and that they think fitt that M"^ Eeighton shall haue liberty to read preach and expound in both Tribes : After con- sideracon and debate thereof it is thought fitt and ordered That the said M'' Eeighton shalbe confirmed to read, preach and expound in Hamilton and Smithe's Tribes, and shall haue liberty to receaYe encouragement and assistance from the Gouvernor and Councell in the said Islands, to officiate in the same. And in consideration of his paines to be taken as afore- said shall have and enioye the said house in Smithes tribe and 2 shares of Gleab land in Hamilton tribe, vntill further orders to the contrary (Signed) John Disbkowe Owen Eowe and 7 others. 58. Somer Islands y' 5th day of October 1657. To all persons to whom these presents shall come greetinge Know yee that wee Capt" fflorentia Seymer and Capt Phillip Lea by virtue of our Letter of attorney beareing date the 30th August 1657 giuen granted and made to vs the aforesaid Capt fflorentia Seymer and Capt Phillip Lea, firom all such persons as were banished from the Somer, Islands and receiued any damage by the same : doe by virtue of the aforesaid letter of Attorney exonerate' & acquitt and discharge John Dorrell of the Somer Islands senior, his executors and assignes, from all ' The word was first written ' Rising.' ' This Reighton is referred to by Governor Coney in 16S5 as ' old 'William Righton, formerly a preacher here, now turned Lawyer, a Taylor hy Trade, and a long time Servant to Hugh Peters.' He was one of the most inveterate enemies of the Bermuda Company in its latter years. (Col. Entry^ vol. xvii. p. 187-) 86 DISCHARGE OF JOHN DOREELL. CHAP, maner of Accons or accon that he the said John Dorrill did or XI. caused to be done in or about the inconsiderate Eisinge in the 1650-1668.' said Islands Against any pson or psons that were sufferers in tlie said Islands, or banished from the same. And wee the said F S and P L doe acknowledge to haue receiued of John Dorrill ffull satisfaction for and in behalfe of all the banished and dis- turbed psons. As wittnes our hands and seales the day and yeare aboue written Sealed with seals of fHorentia Seymer Phill. Lea The aboue written signed sealed and deliuered in the psence of Josias fforster Gou'nor William Saile George Tucker. 59. At a Council held Oct. 7, 1656. It was ordered that the day of division shold be vpon the firstmondayin the month of November 1656 .... and that a proclamation should issue forth about the negros according to the tenor of a late order provided in that case There haveing been much debate betweene Capt Eichard Locker and his Eleutherian passengers about damag and average of the Eebecca and Anne att length yt was concluded that never- theles all former orders made between Captain Lockyer and them, that vpon the payment of 201b in ready money and 15 lbs in Am- bergreece of the best sorte at 25s p ounce That the ffreighters and passengers and merchants shall have liberty to discharg and vnlade the said shipp and take of her goodes : w"*" money and amber is in consideration of damag and averages And vpon this agreement all differences and engagements about the said ship are to cease betweene them and the said owners and ffreighters. Th« ffreight and passengers ' only excepted Ther not being psent money in the handes of the ffreighters Capt Lockyer is content to stay vntill the 19th day of this Instant month and the ffreighters doth promise to make pay- ment. 60. The Committee for America report to the Coun- cil of State, Oct. 7, 1656, upon the state of the Somers Islands in reference to their constitution, governing powers, fortifications, mihtia, &c. They recapitulate the • These passengers were probably some of the persons banished to Eleutheria in 1649. In March following, the ship 'John' also brought twenty passengers from Eleutheria, and in one or other of the parties it is probable that the Eev. Nathaniel White returned to Bermuda, although his name does not recur before 1658. 1650-1658. REPORT OF COMMITTEE OF STATE. 87 Patent granted by King James I. in 1615, and the com- chap. mission superseding, granted on June 23, 1653, by the "^'" Council of State, because of the misgovernment of the Company in England and the disposition of the governing power in the islands to invite Charles Stuart's interest, at the time of the Barbadoes revolt, to take possession thereof. They state that the islands are for the most part naturally fortified or otherwise secured by four forts with 60 guns and five companies ; they contain 1,500 men able to bear arms, and the commands in good hands. About 3,000 inhabitants with but one minister, 'only wee understand some of the good people carry on their church affairs by such as are guifted among them.'^ The charges of Government amount annually to £500, and the duties from tobacco to £800 per annum. It is re- commended that the government of the Company be again vested by Patent in certain select persons approved by His Highness and the Council of State ; that the government remain at present in the hands of those in power ; that fitting ammunition be forthwith sent ; and that a duty of Id. per pound be levied upon all tobacco from thence. (C.P. p. 449.) To this is annexed a copy of the Commission of June 28, 1653, ante, p. 42, and a list of twenty-five persons, who it is desired may be appointed by His Highness and Council a Company for the government of the Somers Islands, General Disbrowe to be Governor, and Colonel Owen Eowe Dep. Governor, with power to choose officers for the government of those islands. No court to be kept unless the Governor or Deputy-Governor be present, (ib.) 61. Colonel Owen Eowe to the Council of State. He states that in 1658 the government of the Somers Islands was entrusted to certain persons by commission (see p. 42), which he delivered to the Committee for America, who thereupon chose a Governor and aU other officers for the government of those islands. A commission was afterwards sent over to certain men well affected to the Commonwealth, authorising them to examine who were the authors, contrivers, and abettors of that rebelUon. ' Slaves cannot be included in the population ; see under 1679. 88 EEPOETS TO THE COUJ^GIL OP STATE, 1656. And whilst these things were vnder examination in the Islands, divers of those gentlemen that were formerly interested 1650-1658. in the government of those Islands by virtue of a Pattent granted by King James, did assume vnto themselves authority by virtue of that ould Pattent, and voted out the Grovemor and Deputy Gov', w*"" the persons intrusted by the aforesaid councill had chosen, and slitingly layd aside that commission of the council, refusing absolutely that anything should be acted, but that which was acted and done by and vppon the Pattent, and such Lawes as were made in the late King's time, when all pro- cesses, &c., did run in the Kings name, both for Church and state. This alteration hath put a stop to the diseouery of that Eebellion, the releiuing the oppressed, and altering of those Laws w"'' were made in King James, and the late king's time, for forcing a conformity to kingship, and y Church discipline that was in force in those Dayes. The people also met and declared that they had heard that King Charles was put to death,^ which act they abhorred as bloody, traitorous, and rebellious ; proclaimed King Charles II., and agreed not to be governed but by the King's laws. They enforced the Oath of Supremacy, imprisoned those that refused to take it, and banished some of the Independents, who they aflSrmed were of that party that put the King to death. He [Col. Eowe] hears that the old Company have had several hearings be- fore the Committee for managing His Highness's afiairs in America, who have drawn up a report to the Council of State. He adds that large quantities of cedar have been improperly brought away from the islands. (C. P. p. 450.) 62. A Coppy of the Generall Ltre [dated 14 Oct. 1656] sent by Capt Limbrey who arrived here the T*"" of November 1657 and coppied out & sent by John Jenkins in ' the Som' Hands marchant ' as ffoUoweth who arrived here the 11th October 1657.^ > See vol. i. p. 630. There is great confusion of dates in many of these state- ments ; this oceurred in 1649. 2 Captain Limbrey, as appears by a subsequent letter of August 26 1657 broke his engagements with the Company, went first to New England thence to Barbadoes, thence to Lisbon, before he completed his voyage to Bermuda whence the transmission of this copy of the letter, and its arrival a year after' date-— 'These lynes we send you not knowing whether our former dated 14 Oct 1656 are come to your hands .... not knowing what may become of Capt Limbrey. ... ^ THE NEW COMPANY TO FOESTEB. 89 ' (1) Capt fforster y" of tlie 24 of Oct and 27th of December chap. 1655 by the Employment, and yo™ of the 8th of feb 165|- by .. ^^- , the Loyalty we have received. And by both shipes a returne 1650-1658. of such miserable tobacco that for the most part it will not countervail the charges of transporting, the consideration of which did move us to send you a few lynes by way of Barbadoes Thereby advising you to put in execution all those Lawes and orders formerly made by the company against tobacco corrupt and deceipfully made vp And since to resolve of making a Lawe that all such persons as shall deceipfully make vp any Tobacco by themselues or others by their appoyntment, and all others in whose hands any such tobacco shall be found to be corrupt and deceipfully made vp and offering the same in pay- ment shall pay in good tobacco duble the quantity of such tobacco. And hereof we thought good to giue you this adver- tizement it being high tyme to proceed against such abuses, when the company for y'' Tobacco can receive noe duties, nor you from the company can be supplied with necessaries (2) Wee haue received information that all the little Islandes on the great Sound and elsewhere in the Somer Islands are planted w'*" people and have bin disposed of by you the Grouernor and rents rec* for them, but for as much as noe accompt has bin given vnto vs thereof nor of the schoole land, publique Land, nor other publique revenue in the said Islands Wee doe there- fore requier you the Grou'^nor and councell to giue and returne vnto vs an accoumpt of all the publique Island, school lapd publique lands or other publique revenue, wher they lie, in whose possession they now are, what rents are reserved there- vpon and how the same hath bin disposed, w"'' accoumpt wee shall expect to have transmitted vnto vs by the next returne of o'' magazin shipp (3) By the Elizabeth and Anne. John Stowe M' we sent you a letter dirrected to M' Nathaniel White minister at Eleu- theria enviting him and all those with him (as many of them as are willing) to returne from thence to the Somer Hands and assigning M' White y^ house and gleab land at the ou''plus for his reception vpon arrivall — but hauing receiued no accoumpt either from you or them Wee now pray you the G-ou''nor and councell, by your next letters to send vs an accoumpt of the deliuery of those letters, and the effect of those said invitations there vpon (4) A petition have bin p'vsed by vs subscribed by divers of the Inhabitants of Devon tribe complaininge that some psons as well in that as in other tribes in the Som' Islands, pre- tending that they haueinge bought the land vpon the w'^" some of the churches there do stand, And are become proprietores and 90 THE NEW COMPANY TO POESTER, 195tt. CHAP, owners of the said Churches built therevpoD and threaten vpon . -^^^ . any slight occasion to pull them downe. A thing soe contrary 1650-1668. to Christian religion that we scarcely can imagine any amongst you will dare attempt yt. Yet wee think fitt vpon this com- plaint to requier you the Grou'nor and Councell to secuer the quiett and peaceable enioyement of the Church in Devon tribe aforesaid, and all other churches in other tribes, to the Inhabi- tants of the Tribes respectively. (5) Wee have considered w' hath bin mentioned in the Grou^'nors Letters concerning two weavers of Dimity, Stirrop and Wright, w°^ were long since sent ouer by the company to the Som' Hands, and had Longbird Hand there assigned them to inhabitt vpon And wee doe requier you the Grou''nor and councell to examine and enquier whether the s'^ psons have planted by themselues or any other by their appoyntment any Tobacco in Longbird Island since the tyme they first inhabited therevpon and whether they haue continued their weaving as formerly And that you send vs account thereof by this shipp. (6) Divers complaints have bin made vnto us, that great burthens have bin of late ymposed on the people of the Som. Hands by Taxes and levies w"'out any cause showne for the same. And appeales have bin presented by the Deputy G-ou''nor after execution sued out and served: ffor redressing whereof in order to the preservation of the libertyes and pro- viding for the welfare of the people — wee doe requier you the Grou'nor and councell to transmitt vnto vs a Coppy of all such Lawes as have bin made in the Som. Islands, and particularly y* Law (if any such be) for stayeing of exicutions after the same bath bin sued out and served. And wee doe strictly p.hibit and forbid the makeing of Lawes and laying Taxes vpon the people without order of the Generall assembly, the same beinge contrary to the 143 Article of the book of Orders (7) By the enclosed order bearing date the 2 Sept last (1656) you will perceive what are the grounds & reasons that oiwue vs to restraine that ouer egar and greedy desier of some in occupieing great quantityes of Land in the Som. Islands to the feeding and grazeing of cattell, w"" were formerly imployed in the groweing of Tobacco : w"" order wee do requier to be forthwith published, to the end all psons concerned may have tymely notice thereof and may conform themselues thervnto accordingly. Wee haue taken into consideracon those mani- fold euills occasioned by importing strong liquors from seuerall places into the Somer Hands and are resolued vpon making a law that all strong liquors of what kind soeuer that shall be ymported into the said Hands from any place but from Eng- land, be Confiscate. And that a liberty be granted only for a EBPEOOFS FOR UNAUTHORISED ACTS. 91 moderate quantity from hence tb be imported, of w"" you may chap. take notice , •^^- , (8) Wee have bin informed that one of 4 guns recovered 1650-1668. from wrecke in Capt Turners tyme hath bin sold for salt by you Capt fforster w"'' as yt was done w'^'out our order, in that regard may justly deserve a reproofe, soe wee doe requier and expect for the flfuture that by yo' care the rights and goodes belonging to the Company be not disposed of but by order from the Company only. (9) In y' last generall letter wee were giuen to vnderstand that you had taken vp of Capt Limbrey (but without any order from vs) as many armes and ammunition as cost 55'" js 8d and had charged the payment of that money by bill of exchange vpon the Company. Wee can but take notice that hereby you seeme to question o'' care in providing for y' safety and our owne interests in the Islands, in eyther of w"" wee hope wee have not bin so remiss as to have put you vpon soe suddayne thoughts to provide for y''selues, and Tiot have waited for the returne of Stowes shipp, by whom we have sent you a greater quantity of powder than what you have taken vp of Captain Limbrey We are not ignorant of what grounds you have of excuse for soe doeinge from the expectation of an enemy so near you. But wee would not have you thus to anticipate our will of you or contract any debts vpon the company w"'out a dispensation from vs. We have ordered our Treasurer to pay this debt, and doe expect that from henceforth you charge no more bills of Exchange vpon the Company w'^out there order (10) Wee haue considered the information that is given in your last genall Letter touching the decaies of the shereifes house and y° ententions of you the Gou^'nor and Councell to take yt downe, and add part of yt to the Gou'"nors house for a w'^draw- inge roome. And also of the decaies of Warwick fort. And wee doe thinke fitt to order that you the Grou^nor and Counsell doe take speciall care that the sd house and fort be repaired . at the charg of the Islands not w'^standing any pretence to the contrary. (11) Tuching such persons as have bin sufferers in the late rising and had commenced actions against them that had done them psonall wronges or Iniuries And vpon a hereing of a late assize in the Som"^ Islands had consented and agreed in court to stand to the award of particular arbitrators chosen by themselues and others indifferently, for satisfaction to be made and giuen them for these wronges and Iniuries : wee earnestly desiring that the differences on all sides be composed, peace and quiettnes setled and established : and all occasions of maynteynance of animosities among the people prevented. Doe think fit and order 92' POWDER COMMUTATION FUND, CHAP.' that the same he confirmed. And do requier you the Grou''no]f ^^- and councell to take order that the same be done and per- 1650-1658. formed accordingly. And that you use your uttermost endea- vour to preserve the countrey in peace and quiet (12) Upon information giuen vnto vs that severall quantities of Cedar and tobacco haue lately been sent out of the Som"^ Islands to the great pr.iudice of the Company and plantacon. Contrary to and woiwithstanding a comrn" granted by vs to John ffox gent, to execute the ofiSce of searcher and surveyor there and to seize all tobacco that should be found shipt in any other than our magazin ships, or cedar to be transported w'^out Lycence for the same, Wee have thought fitt to repeale and make voyd that comission, and for good reasons showed vnto vs have appointed M"^ Daniell Grand by especiall comission to execute y place of searcher and surveyor, and further to receiue and demand the quantityes of gunpowder after 8 ounces per tunne and shott proportionable, to be payd for all shipes arriving at the Som' Islands,' to be paid to the sherrifife there for the Tyme being, for the vse of the plantation as well as to see what wood shalbe taken from off the publique landes for fuell for shipes, and that noe wast be commytted therein Wee are very sensible that the neglect of this order and others tuching thes particulars hath occasioned exceeding great preiudice to vs and the colony, w* wee have endeavored hereby to prevent for the futuer, And an accompt wilbe returned vs of this trust from tyme to tyme (13) Vpon the petition of Henery Paskow to restore him to his place and office of marshall from w* he was displaced by the Grou'ner for wordes as he said, spoken ag' the illegall proceedings of Capt Locker (a stranger) in venting by retaile diners goodes and marchandize to the preiudice of the com- panyes goodes, wee haue thought fitt and ordered that he be restored to his place of Marshall vntill sufficient cause appeare • to the court And further we have granted vnto the said Henery Paskow a commission to reside in the Som. Islands and to be assisting to the surveyor in preventing the shipping of To- bacco and cedar prohibited by vs. {Then follow some directions respecting five land claims.} (14) Upon the petition of D' Thomas Browne now a preacher in the Somer Islands, wee haue ordered o'' Treasurer to pay vnto M" Sarah Bardwell or her assignes according to a ' This is one of the earliest allusions to what is known in Bermuda as the Powder Commutation Pund, a fixed sum of £480 per annum, reserved as a Droit of the Crown out of the General Revenue. It was afterwards raised to 1 lb. per ton. A minister's salary. 93 Bill of exchange charged by the said D' Browne vpon the Com- chap. pany the sume of 10'" And more to the said D' Browne or his . ^^- . assignes the siime of 30 pounds, both w"*" sumes amounteing to 1650-1C58. £4oO to be for one whole yeares salarye to the said D' Browne as minister in the said Islands due and payable at Midsomer last past (15) Wee hope you will receive by this ship a hhd of Taraco w* by your late gen^'all letter you desiered might be supplied and sent vnto you for makinge a Cisterne for the castle heretofore called the Kinges Castle in the Som. Islands ' And if the same may be procured at Plymoth wher o"^ maga- zine ship is taking in her ladeing M"^ Daniell Gaud hath promised there to take yt vp and shipp yt on the Companyes accoumpt And to charge his bill of exchange for the same vpon the Company, which wee shall take care to satisfye and dis- charge All other Petitions presented and appeales made vnto vs you shall find them answered and determined according to the severall orders of court herew* sent you. And thus commit- tinge you to the Grace and protection of the almighty wee rest Y' Loveing ffreinds Waewicke John Heyden Deputy Anthony Penlston l^eonard Warde Sam. Smith Eichard Chandler 63. The Governor and Company, 16 October, 1656, present a petition to the Lord Protector. Eeverting to answers formerly given to charges brought against them, they complain that, having elected officers for the govern- ment of those islands, they vs^ere about to send them over with several commodities and ammunition, when they received two orders from the Council of State, forbidding any alterations to be made in the government, and re- straining the ship from going on her intended voyage (see p. 81). They pray that they may be secured in their just rights, and have liberty to proceed according to their fundamental constitutions, a.nd that the complaints against the Company in 1650 and later, and the Company's answers, may be again brought beforet he Council of State. (Signed) Thomas Martin, Secretary. (C.P. p. 450.) ' Taraco ; some cement ; this substance is not kno-wu to the editor. 94 POLITICAL DIFFICULTIES. CHAP. 64. The Council of State, November 13, 1656, directs •^ — r^ — - the Eeport of the Committee for Jamaica concerning the 1650-1658, gojjigj^g Islands, together with the above petition, and the whole business, to be referred to General Disbrowe, Colonel Jones, Lord Strickland, Lord Lambert, the Lord Deputy of Ireland, Colonel Sydenham, or any two of them, for their report, (ib.) [The answer to this reference does not appear.] 65. The Council of State, November 18, 1656, dh-ects that Captain Wilkinson, who commands the King's Castle in the Somer Islands, be continued in that employment, and addresses a letter to him expressing the importance of the Somer Islands to the Commonwealth. Supposition that the Spaniards will endeavour to gain a footing there. Doubt- ful that a principle of disaffection may yet be retained by some of the inhabitants. He is encouraged to attend to his duties as commander of the Castle, to keep a vigilant eye upon the malignant and discontented party, that they may have the less opportunity to prejudice the islands' safety, and to use his best endeavours to secure the interests of the Commonwealth. (C.P. p. 451.) 66. Vpon the 2nd dale of November 1656 there was con- sultation held by the Grouernor and all his counsell about the conspiracy and plott that the negroes in this Island had con- trived for cutting off and the distroieing the English in the night, w* being cleerely manifested then yt was ordered that they should come to a triall by a marshall court, whereupon there were sumoned downe to Georges thes gentlemen follow- ing who were appoynted for their triall viz Capt William "Wilkinson Leiften* Gualtier Abbott Capt Stephen Paynter Leiften' John Eawlinges Capt Horatio Malary Leiften' John Eivers Capt Godherd Aser Leiften' Myles Eivers Capt William Williams Leiften' John ffox Capt fflorentia Seymer Their Proceeding is as ffolloweth (1) Imprimis yt being put to the vote whether Blacke Anthony M' Eichard Hunts negro (according to evidence giuen in) doth stand guilty of that plott and conspiracy against the A NEGRO CONSPIRACY. 95 English to cutt them off and destroy them It was the unani- chap mou3 vote and consent of the court that the said Blacke . ■^^- . Anthony was Gruilty i650-i668. Cabilecto M"" Gilbert Hills negro Ffranck Jeames M'' Devitts negro man Black Tom Capt Thomas Burrows his negro Willi fforce were all convicted in nearly the same words It was put to the vote whether black Eobin M' Wisemans negro man were guilty of the conspiracy and riseing vp ag' the English to destroy them It was judged by the generall vote that he stands guilty as an accessory not as a principall. In the same terms Tony Capt Christopher Leas negro. (2) It was also put to vote whether blacke Jacke Longson's negro, and black Harry Jonathan Tumors negro, and black Capt Leas negro are guilty of the conspiracy against the English It is observed that by their confession they were in- struments of the discouery of the plott in generall the Court therefore doth judg them worthy of favour of life Nevertheles there were 9 severall negro men condemned by the Court aforesaid yet there were only 2 of the cheife actors executed, namely Black Tom the servant of Capt Thomas Bur- Towes who was put to death at Greorges Grallowes, And the other Caibilecto, servant to M"' Gilbert Hill who was executed vpon a Gibbett sett vp by the Gouernors appoyntment vpon Coblers Hand (3) William fforce condempned as accessory was carried to a Gibbett sett vp at Heme baye, wher yt was hoped he would have confessed the plott amongst the negroes. And although he was putt to yt to the uttermost yett confessed nothing, soe as the Gouernor gave orders to the sherriffe was repreived, and after sent away to Segatoo [Eleutheria] with the rest of the free negroes, who besought the Gouernor that they might be banisht to that Hand rather than to the Indias, w"'' request his his worship w'" his counsell did condescend vnto And were afterwards shipt awaie in the ' Blessing ' bound thither 67. A Proclamation, November 6, 1656. It is knowne vnto all men who are or hath bin Inhabitants within these Islands that ther hath bin great care taken from tyme to tyme by the Gou''mt here, for the suppressing of the insolencies of the negros amongst vs, and for restreineing them from night walking and meeting together, and for other incon- veniences that might grow therby hoping that euery man 96 SEVERE ENACTMENTS AGAINST NEGROES. CHAP, ■would have bin a fellow helper in such cases as these : but fall- ^^- ing out otherwise And these negroes seeing a general neglect, 1650-1668. hath taken courage thereby to conspier the ruin of the whole body of these Islands, had not the Lord out of his goodnes and mercie opened the mouth of some amongst themselves to the discouery thereof. And so Justice hath proceeded accordingly, and you all see and know that, not without provision made for prevention of a ffutuer danger w""" was consulted on the 2nd of this Instant month by mee and my counsell, as you observe by what is vnderwritten (1) It is ordered that from henceforth that none of the negroes of these Islands to whomsoeuer they do belong, or of what sort soeuer they are, shall haue liberty to straggle or wander from their masters houses or lands after halfe an hour after the setting of the sunne, without a passe or tickett vnder their handes to whom they do belonge, w"" is to be granted only vpon some weighty occasion moveing therevnto But such negroes being found stragglinge w'^out their leaues or their warrentall Tickett as aforesd, walking in the night as aforesd it shall be at the power of any English man that meets such a negro to kill him then & thiere without mercye And if any such negro shall refuse to be apprehended, and doth resist the Englishman, and he doth not make speedy pursuit against him, and shall not forthwith give information to the next magistrat Then he or they for thier neglect therein shall forfeit one hundred poundes of tobacco to be expended vpon generall service (2) It is likewise ordered that the negroes that are free men and woemen shalbe banished from these Islands, never to returne eyther by purchase of any man, or otherwise, vpon payne of forfeiting their said purchase in that case (3) It is likewise ordered That the negros yet remayneing amongste vs shall not be suffered to have any kind of trade or commerce w'^in these Islands w* any marchant or other man or woman for any comodity whatsoeuer If any man or woman shalbe knowne or found soe trading as aforesd, contrary to the true intent hereof They shall forfeite treble the value of the como- dity they so traded for (4) It was then ordered all those who are owners of negros amongst vs and shall not hereafter cause their negros to repaier to their parrish churches each Sabbath, or carry them along with them whithersoeuer they goe to here their ministers, but suffer them to straggle after their owne will Those owners of such negros shalbe responsible for any detriment that shall accrue thereby (5) I doe hereby requier all manner of persons of what quality or degree soeuer they are, that they take especial notice hereof as they will answer the contrary at there severall perills THE PARSONAGE AT ST. GEOEQE'S. 97 Griuen at Greorges towne By the comand of the Grou''iior who chap. hath ordered me to subscribe his name ^i- JOSIAS FFOESTEK Antho Jbnour Secret. November the 6th 1656 68. This 8th daye of December 1656 Anne the wife of William Moore of Tuckers towne made report to the Gou'^ner of the little care that John Smith her sonne in Law hath taken for the education of his daughter Amye but suffers her to hue loosely and at vncertayne places tendinge to her vtter ouerthrow if yt be not preuented in due tyme : wherefore the said Mrs Moore grandmother to the sd Amye desiered to haue her bound vnto her foi' certeyne yeres : wherevppon the Gou'^nor called the Sd Amye before him to see if she wold consent there vnto And the sd Amy did wilUngly consent to serve her sd grandmother and her assignes for the space of five yeres well and faythfully, and do bynd herselfe not to depart from her service w*^out the consent of her sd grand- mother by day or by night. And her said grand mother doth promise for her to fynd her meate, drinke and apparrell and things necessary for her duering the said terme The mark of x Amy Smith Teste Antho Jenour Secret. 69. Vpon the 8th of December 1656 the maior part of the parrish of Georges Towne were assembled together to consult what was best to be done about the Gleab house wherein Mr Eobert Browne minister thereto, hath made his dwelling duering his abode in thes Islands ; vpon viewe, and finding yt to be out of repaier, they thought yt requi- site to take vpon them the repairacon thereof at their own charges, so that the house and the rents of the land may be at their disposing in the tyme of vacancy of ministers, as it has bin formerly, and not to be taken out of their hands by any ... or practices of any manner of pson or persons whatsoeuer. And upon this account the parrishioners repayred to Captain Josias fforster the Gouernor to consult with his worship, who VOTi. II. H 1650-1658 98 TOLERATION OP A PAPIST. CHAP, taking the business into his serious consideration doth' N_ — ^ . confirms the propositions, and cause the same to be put i6oo-i658. ^Qjj record for the more suer confirmation thereof Att the same tyme M*" Browne abouesd did promise to leave the said gleb house in as good repaier as yt shalbe de- liuered to him at his entrance, both withiii and without at all points 70. The Council of State, Whitehall, Dec. 23, 1656, write to the Commander-in-Chief of the English naval forces at Jamaica, Admiral Goodson, pointing out that about sixty Protestant English having been driven from their residence in the Somer Islands through the violent persecution of some ill-afiected persons there, have gone to Eleutheria, where they have sufiered much hardship ; he is requested to send a vessel thither to invite them to Jamaica. The Commander-in-Chief of Jamaica, General William Penn, has been directed to clothe and provide victuals and other accommodation for them : if not free to go to Jamaica, to send them to England. (C.P. p. 453.) [These appear to be the same persons as were the subject of correspondence two or three years previously, and who had already left Eleutheria.] 71. At a Councell Table 2 January 165f . Complaint was made against Thomas Lincay for his being a papist and therefore not fit to stay in this Hand.' And that he is a papist he denyeth not, nor hath denyed yt from his iirst arrival in the Hopeful! Luck, when yt did appeare that he was vnder bondes for certayne yeeres, and from which bonds he have- ing since freed himselfe with a considerable sum of money : and hath not been found to draw on others to his religion etc. It is thought requisit by the consent of this Table that he do still abide amongst vs, behaveing himselfe as a Christian man ought to doe, void of offence tuching papistry tenetts. Yet to make his appearance at the next assizes ... It was also ordered that a note yssue forth from the Grou^nor to charge all such persons whose negroes were condempned to pay M' Gilbert Hill 20s per man w^out delay, or in default thereof their negros to be comanded to prison vntil payment be made accordingly ' See the Eoyal prohibition, vol. i. p. 96 (Charter of James I„ towards the end). 1650-1658. THE PLANTATION OF JAMAICA. 99 72. The' Council of State, April 30, 1657, orders that chap. the election of officers by the Company of Adventurers for the Somers Islands, appointed for May 6, be suspended and the matter depending before the Council concern- ing that Company be heard on May 13, when all parties concerned are directed to attend (C.P. p. 456). There is no entry for May 13. The subject was again taken up March 25, 1658. 73. At a Counsell Table 18 May 1657. (1) Concerning M' Eeightons preaching It is ordered that M' Reighton shall desert sic (desist from preaching ?) in Smyths Tribe church, vntil he doth produce the company's order to the Gouemor and Councell to that purpose .... (2) Captain John Wentworth against William Phillips in the behalfe of his highness the Lord Protector, for obstructing his designes as concerning Jamaica, viz the planting thereof ' The attestation of Phillip Clemence who being sworne saith that his brother and himselfe being ffishinge espied a ship. They weighed and sett saile towardes the ship Comeing aboard I demanded what newes of Jamaica ? Answer was made by M"^ Phillips It was very sickly and many had died there Then this depon' said he was sorry for that, because many had sett their names downe to goe there w"" Capt Wentworth at his returne from the Indias, after which he was silent The attestation of Marye Boyfield who being sworne saith That at the Chappell she asked William Phillipes concerning Jamaica He answered that yt was not a place he could sitt downe in himselfe, neither would he wish any ffriend of his, or any tending to him. Grod was pleased to cutt off from the place most of the Godly people And his thoughts were that God did intend further destruction vpon yt, and none but the scumme of the Indias was there And was without Government He being asked why ? seeing there was a Generall, He answered yea, to the Sea,l but not on land. And he said he was there in October. [Two other witnesses corroborate.] (3) Capt" Josias fifbrster Gouemor censuer was, that he shall ' Wentworth at this time commanded the ' Martin,' ' galley frigott,' which arrived in April and sailed again in July. He returned in October, in command of the ' Paul,' ' man-of-war,' and then carried away a large number of passengers to Jamaica (see vol. i. p. 718). H 3 100 IRISH REBELS SOLD, CHAP, be imprisoned 3 daies in Irons because he hath depraved the . ^^- . G-ouernment of Jamaica 1650-1658. 74. To the right worshipfull Gou'rier and Councell of the Somers Isl. convened at Georges y" 18 May 1657 y" humble servant Eobert Browne Humbly sheweth. That whereas he was in Sept 1655 .by the Hon"* Company of the Somer Islands at London sent thither as their Ltres to you will testifie to preach the Grospell here in these Islands, and vpon likeing and triall whether the people were edified in the faith by his ministery. And seeing he hath now continued such a competent tyme as in reason may be thought sufficient, both to giue triall of his guifts in preaching and of his conversation. Therefore he humbly requests y' worshipes in the first place to giue your Judgments whether you think his guifts of preaching and conversation to be fitt and able, through the blessing of God, to edifie his people in the faith of our Lord Jesus Christ That soe he may order himselfe, and take course for continuance or removall as y'' worship shall thinke fitt Soe expecting an evident and cleare answer according to your mindes, he will labor to continue y' worships humble and obedient servant Eobt Browne There follows a favourable certificate signed by all . the Counsell. 75. At a Councell Table 15 July 1657. Henry Paskow, Marshall, is charged with having sold his wife, the lady of whom previous mention has been made,' for one hundred pounds, in a drunken fit, and afterwards making a riot and beating the purchaser, he was bound with two sureties to his good behaviour, and to appear at the next assizes, when he was dismissed from his office 76. July 17, 1657. Eec* of Mr John Dorrill two hundred thirty and eight pounds sterling for and in consideration of seventeene servants already delivered. I say rec* this 8 July 1657 By me Edm. Scaebrough. These servants were probably Irish rebels. Many of that nationahty are mentioned about this time (see p. 103). ' Ante, p. 73. FDETIIER AMNESTY TO ROYALISTS. 101 If they had been Indian or negro slaves the circumstance chap. would have almost certainly been stated. 1650-1658. 77. At a generall Court for the Somer Islands Company held at the accustomed place in WatUng Street London. Wednesday 26 August 1657 Whereas at a court holden for this company the 2nd at another the 24th Sept. and 14 Oct 1656 severall warrants were granted for transport of cedar out of the Somer Islands in the Company's magazine ship the Loyalty, viz one to the agents of the Et Hon the Earl of Warwicke for twelue Tunns of cedar. Another to the agents of John Heydon Esq" our Deputy, for ten tuns cedar. Another to the Agents of M' Perient Trott, fforasmuch as this Company haue not only receiued information that the ship Loyalty was not arrived at Bermuda on the 3rd June last, but also was at Neew England intending for Barbadoes It is therefore thought fitt and ordered that all the said cedar shall BOW be transported in the company's magazine ship the Somer Islands merchant, whereof John Jenkins is master And the several Agents and all other persons whom the premises may concerne are to take notice hereof upon the sight of this order. Thos. Maetin Seer. This aboue mentioned order came by John Jenkins master of the Som. Islands Marchant alias Swan [11 Oct. 1657]. 78. October 30, 1657. To all Christian People. "VVee whose hands are herevnto subscribed and Attorneyes for the sufferers by reason of a rise- ing in Armes, have in the behalfe of the sufferers and do by these presents, acquitt release and discharge Humphrey Harvey senior of and from all and any Act of his ag" these sufferers in that Arming from the beginning of the world to this present day October the last 1657. Witnes o'' hand In the presence of Phillip Lea John Stow Fflo. Sexmee 79. Assizes, November 1657. [There are no criminal charges entered.] Presentments by the grand Inquest (1) Against merchants and agents delaying thier receipt of 102 CIVIL MAKRIAGES. CHAP, dues paid in Tobacco whereby the debtor by reason of sucK ^l- delays is much dampnified by drynes and other inconveniences 1650-1658. Ordered that if the Tobacco be not demanded and taken away within 10 days after division, the Tenant may dispose of it (2) Eenewed presentment of the Sawyers for refusing to saw at 2s 6d per hundred. Ordered that 2s 6d be the price for small work and 3s for deep work, which is defined to be all over 18-inches through. (3) The Grand Inquest moved the court that some order and Law might be made that noe maner of coyne or moneys may be hereafter exported hence And that all strangers that come to trad may here after trad for comodities of our countrey's growth. Ordered That noe man shall be suffered hereafter to carry off from these Hands aboue five pounds sterling, and whatsoeuer is ffound in any mans custody more than that sume shall be confiscated (4) The horrible sin of swearing and curseing is presented. (5) Wee doe present the evills that may ensue to posterity, for the scarcity of tymber by the continuall exporting yt out of these Islands in such great quantities, and do desier that yt may be prevented by some tymely law Noe order could be taken into our consideration seeing the companies orders cannot be dis- annulled (6) The Grand Inquest apparently commends Leift An- thony White the new Marshall for bis temperance and care in not suffering inordinate drinking, but rather doing all in his power to prevent it as much as in him lyeth. And they desier that he may for the tyme to come have license only in the Towne of Georges to retayle drinkes And that all strangers may be prohibited from the sale of drinke by retaile on shore by any culler or pretence whatsoeuer. It is taken into consideration and ordered accordingly, with this exception That for 2 or 3 or 4 dayes in euery assizes tyme others shall be toUerated to sell drinke without contradiction (7) It was presented that whereas the Lord Protector of England having made and pubHsht Lawes prohibiteing all such as call themselves ministers to entermeddle with solemnizeing marriages ; but yt is only to be the worke of the magistrate : they desier that these Laws may stand in force here. Which being taken to consideration was ordered accordingly.' (8) It was ordered that Eichard Browne be prohibited the ' There are several examples before this of marriages by the civil magistrate. See vol. i. p. 664. RESTRICTIONS ON IRISH SERVANTS. 103 reading of common prayers when any the ministers preach at chaP. Pembroke Tribe, this at the request of the Grand Inquest. . ^^- (9) The Grand Inquest presented the abuses frequently vsed I660-I668. in shooting off guns in the night tyme and at euery apprentices expiration : yt was ordered that the old Acte be put in execution w"" is a monthes imprisonment for euery such default (10) It was also ordered that those that hath the Irish servants should take care that they straggle not night nor dale, as is too comon w'" them If any master or dames be remiss hereafter in watching over them, they shalbe fyned according to the dis- cretion of the Gouernor and counsell It was ordered that it shall not be lawfuU for any inhabitant in these Islands to buy or purchase any more of the Irish nation vpon any pretence what- soeuer And those who are already bought in amongst vs may be brought to the meeting places on Sabbath dales by their master and dames, and made to stay eyther abroad or in the church during the tyme of exercise (11) Presented by the Grand Inquest, that liberty of con- science be not abused by Eude persons who being voyd of a good conscience and ignorant of the end for which yt was ordayned ; but are bold to profane the sabothes and take liberty to do many wicked and abhominable actions not to be per- mitted, and do trespass on their neighbours and the like. It was ordered that all such as take such liberty to them- selves upon that accoumpt, be carefully observed by all officers and others, and be compelled to repayer to the Churches each Saboth, or in default thereof to be severly punished. (12) Many negros presented for fornication and adultery were ordered to have 39 lashes vpon the naked backe, at the piiblicke meeting places where the Minister preacheth. 80. At a Councell Table 3rd December 1657. (1) . . . Capt" John Limbrey and M' John Jenkins haveing both commissions from the Company to take the Tobaccos of the Islands, of which M' Jenkins was the last dated, and came to anker before the other (see p. 88) and both demanding their severall priviledges by virtue of their said commissions It was ordered that the Inhabitants of these Islands consistinge of tennants and ffactors, shold be left to act according to their severall orders and instructions from their landlords and mer- chants And all others be left to their owne wills, to ship eyther vpon Capt Limbrey comander of the Loyalty, or vpon Jenkins comander of the Somer Islands merchant. And not to sliip^ 104 GRIEVANCES OF THE PEOPLE. CHAP, their Tobacco vpon any other ship or ships -whatsoeuer. This ■^^- passed by a general vote of the Table excepting Capt Saile . . . J650-1658. (2) Many motions haveing been formerly made on the be- halfe of Stephen Stephenson who is now blind and past labour yt is ordered by the consent of the whole Councell present That the sayd Stephenson shall have allowed him for his mayntein- ance from the Generall Levy 120lbs of tobacco yearly during his life . . . (3) It was taken into consideration how to help M' Henery Smyth vnto his land from whence he departed at his Banishment And vpon debate about yt, yt was consented vnto by M"^ John Squier then tennant vpon yt That he wold peaceably yield vp the said share of land after his next yeares croppe was off, with- out further waminge, but to the Landlords vse, and no mans else 81. December 4, 1657. A petition is addressed to the Lord Protector by certain inhabitants of the Somers Islands, signed by Horatio Mallory, John Eivers, and sixteen others, who choose Captains John Limbrey and PhiUip Lea as their agents, to seek relief for their grievances, and act in their behalf. Their complaints are — That the Company have made a breach in their charter in not furnishing them with proper supphes. That they are naked for want of clothing, naked to their enemies for want of ammunition, and destitute for want of godly teachers. They pray to be governed according to the laws of England, to dispose of their labours to the best advantage, and not be forced to keep their goods until the Company send for them, which it has neglected to do for two years. (2) To this is annexed a paper of grievances. The ministers have not received any salary for some years past. The Islands are exposed to invasion for want of ammunition. The ports are shut by the Company against any trade to their advantage. The inhabitants desire to know how the duties on tobacco for the last twelve years have been appropriated ; whether the supplies sent them by the Company can be considered sufficient for their wants ; and that their grievances may be heard before His Highness and Privy Council. (3) There is also annexed a nominal list of the ARTILLERY AND AMMUNITION. 105 persons able to bear arras in Southampton Tribe under chap. Captain Horatio Mallory, 56 in number, with various • — ,J — . annotations, such as — not armed; musquet no bandolier; 1650-1658._ no sword ; no drum ; no collars (for bandoliers) ; 10 lbs. of powder and no more ; 5 fathom of match (for the mus- quets) and no more ; 5 bullets and no more. Only seven men are returned armed. This is followed by an account of the artillery and ammunition in the Commonwealth's Castle, Southampton Fort, Smith's Fort, and Paget's Fort, taken December 9, 1657, which is as follows (C.P. p. 463) :— At the Commonwealths castle 1 Demye cannon, ' Brasse Shot for the Great Artillery 100 3 whole Culverine " Iron 37 Musquets 5 Pistols 3 Saker* Iron 25 Swords. 10 skeynes 1 Minion ' Iron Match, li BU powder 1 Collars of Bandoliers 200 lbs small shot At Southampton Fort 4 sakers,^ 2 of these not serviceable 1 Ffalcon ^ 40 Eound shot 2 Harquebuses 1 Collar of Bandoliers 2 Musquetts 2 Swords At Smyths Fort 1 Base ^ cannon of brass 50 round shot 4 Sakers * Iron Barr, Base, Pistol shot 1 Demi culverine ' Iron 50 lbs At Padget's Fort 4 Sakers * Iron 30 Pike shot 1 Demi culverine ^ Iron 6 musquetts 82. At a Counsell Table — December 1657. Depositions are taken at great length against one Edmund Morgan for stabbing Anthony Herbert in the arm. Seeing the wound was like to tend to mortification, it was concluded by a council of chirurgeons to dismember him, which was the last refuge, and this was done with consent of the party ; but he died. ' About a 32-pounder. ^ About an 18-poiinder. ' 9 to I2-pounder. ' 6-pounder. * 3-pounder. ° 2 to 3-pounder. ' About 3-oz. shot. 106 CHAP) XL. AN AWAUD OF SALVAGE. A special Assize being held 13 January, 16 5|, for the* trial of Morgan, he was found guilty of murder, and was 1650-1658. hanged on the 15th January. 83. March 23, 1658. The Petition (par. 84), with the papers annexed, are referred by the Council of State to Lords Disbrowe, Eichard Cromwell, Fienes, Mulgrave, Fleetwood, Wolseley, and Jones, to report what may be for the good government, preservation, and advantage of the Somers Islands ; and two days later some of the Company of those Islands are directed to attend at the Council Chamber at 8 a.m. on the following Monday, when the business will be taken into consideration. (C.P. p. 463.) [There is no further record.] 84. At a CounceU Table 27 April 1658. It was consulted what part of the goodes recovered by our Inhabitants out of the ship Anne cast away vpon the rockes, they shold haue for their great labour and paynes therein After long debate therein had at length yt was put to the vote of the Gouernor and counsell, and was voted as foUoweth The Secre- tary (Anthony Jenour) thinkes reasonable that the recouerers of the goodes out of the sayd shipp are worthy to have halfe of the goodes w* they have seuerally recouered, provided that such gauges who have spedd best, doth take a proportionable number of the seamen to bedd and board at a free charge, and that the recouerers do carry in their boats all such goods which they haue or shall recouer, and doth fall due to the merchants and masters part, vnto such place or places as m'' Stroud the marchant shall appoynt them, w"'out demandinge any payment for their worke therein And also to help house yt at their deliuery M' .Francis Watlington, Capt Fflorentia Seymer and the Gouernor agreed with the secretary, M"^ Eichard Norwoode, M' Waynewright, Leift Jo: Eawlinges, were of opinion that the re- couerers shall haue for their paynes out of the canvas, sailecloth and brandy one third part, and out of the Iron and wyne the one halfe part, and to be subiect to the secretaryes vote in euery particular otherwise, notwithstandinge It was also ordered that the recouerers shall have halfe of the Kigging and guns and other appertenances belonging to the said shipp Anne aforesd 1650-1668. SALE OF NEGROES. 107 85. At a.Gen'all Quarter court Deriuatiue Watling Street chap. 20 May 1658. ^'■ The humble Petition of M'' William Baseden of the Som' Islands Grent. was read, setting forth That a negro man belonging to the Company (now in the service of M"^ Henry Tucker) hath lately marryed a negro woman belonging to him the said M' Baseden. That forasmuch as those duties of Marriage cannot be performed to each other, which by the Lawes of God and man are comanded, by reason of the distance of their abode and the Lawes now in force in the said Islands, forbidding any negro man or woman whatsoeuer to be out of their masters plantation halfe an hour after sunsett vpon payne of Death vnless they shall have a ticket from their said masters for so doing He therefore prayeth that he may purchase the said negroman of the Com- pany at such a rate as shall bee adjudged reasonable. The Court taking the same into their serious consideration and debate, and finding it may prove preiudiciall to their affayres to make sale of thier negroes Do in the p'^sence of M'' George Tucker nephew to M"^ Henry Tucker, and of the said M"^ Basden, thinke fitt and Order That if the sayd M"" Basden shall in the space of 1 or 2 yeares next ensueing procure a seruiceable negroman for the sayd M"^ Henry Tucker, to supply the place of the companyes negro That then the Company vpon true informaton & know- ledge thereof, will by further order assigne and tume ouer their said negro to him the said M' Basden. 86. Court House the 28"' of Male 1658 Letter sent by the ' William ' Mr Thomas Saile master (1) As to the petition of some few of the Islanders ag' the Gou'^nor and company here It hath bin fully answered before his highnes the Lord Protectors courts. And wee have encouragement from them to governe according to our Letters Patents And wee are assuered wee may Justifie ourselues in our endeavours for the good of the Colony w"" you from tyme to tyme : saveing those disturbances that have of late years bin put vpon vs by y' selues And some ill affected members w*"" vs. Therefore our advise is, that you would live in peace and observe the Lawes and orders of the Company. Soe wee wish you hartily farewell, and rest y' freindes John HiTroN Deputy Jeame Stirrop and Kalph "Wright are settled in Longbird Hand by order from the Company Therefore requier they be not molested. 108 SHIPPING mSTUUCTIONS, 1658. 87. Orders for a trading voyage, June 2, 1658, 1650-1658. (1) Whereas the good shipp called the William ffrigett now lyeth reddy att Anker in the river, of Thames, wee who have hereunto subscribed, the owners of the said Ship doe authorize Thomas Sayle to bee Coinander of the said ship, and wee doe hereby order him to proceede onn our now intended Voyadge or Voyadges for the Somer*^ Islands the Bahama Islands and the Cariba Islands in manner & forme hereafter mentioned. Imprs. that the said Thomas Sayle shall forthwith sayle from the place where the said ship William now lyeth at anker, and goe for the Downes, wind & weather permitting. (2) That being arrived in the Downes, you are to take the first oportunity of wind & weather and good Company, if to be had, to accompany you out of the Channell, then to steere your course as opr.tunity shall give you leave, directly for the Sumer Islands, God sending you safe there to arrive, you are to deliver all such passengers and Merchandiz that are aboard the shipe to be landed there, haveing soe done you are to dispatch with what speed possible you may, and having there made your dispatch you are to sayle as wind & weather will permitt, directly for the Bahama Islands. (3) That if possible you can att the Suiner Islands hyer soe many men as you in your discretion shall thinke good, att such reasonable tearmes as you and they shall agree, to goe with you from thence to the Bahama Islands, and there to imploy them in cutting Brazilett wood, or what other businesse you shall finde there necessary to imploy them about. (4) That when it shall please Ghod to send you to arive in safety att the Bahama Islands your best endeavours must be used with your Company to make a Voyadge by makeing of Scale Oyle, cutting of Brazilett wood, and what other meanes you shall there finde needfuU, in procuring of Ambergrease, and in getting anything from Wrecks which shall be there found, or any thing else that may happen, whereon somthing of a voyadge may probably bee mad, wee desire you would improve it and all advantages for the good of our voyadge, in all which wee must leave and rely on your indeavours, governing your selfe accord- ing to the experience you formerlie had. (5) That having spent soe much time at the Bahama Islands as you in your discretion shall thinke fitt, haveing laden on board what shall pleas Grod to give into your hands by your industrie, its our order that you sayle directly for the Barbadoes, God per- mitting, or any of the Leward Islands, there to dispose of what oyles you have for such Comodities as the Country doth aiford, and what other comodities that shall bee more proper for England, LARGE DISCRETION OF CAPTAIN. 109 you are to ship them aboard some good ship bound for London, chap. consigning them unto M' Perient Trott and Pet: & Isa: Legay . ^^- . for the accompt of owners Ship "William. 1650-1658. (6) That what wages or other necessary Charges in victual- ling &", you defray itt by the comodity you shall sell at the Caribas, and what may bee remaining over and above you are to ship it for London, consigning it as aforesaid unto Per' Trott & Pet: & Is: Legay for the accompt of the said owners, and what goods shall bee soe consigned, or any other goods or M'chandizes in any other hands that doth apertayne unto the said accompt, the neat proceeds thereof shall bee divided into fowre parts (vidyt) one fowerth part for the proper use of M*" William Sayle, one fourth for the proper use of M' Perient Trott, one fourth for the proper use of Pet: & Is : Legay, and one fourth parte for the proper use of M"^ Thos: Sayle. (7) That when you have donn the needfuU at Barbadoes or elsewhere, that you shall dispose of your Oyles & shipped what else there may bee to ship for England, then our desire is that you retorne againe for the Bahama Islands, and soe backe for the Caribas againe, that by trying againe the 2°* voyadge, wee may in the end obtaine the hopes wee have onn this designe, soe that if the first voyadge prove not according to expectation, wee hope the second may, and if the first nor second, wee hope the third or fowrth may make amends for all. (8) That if you have any incoradgment to goe and trade upon the Coast of fflorida, or finde any opertunity of a good fraight from Barbadoes to Surinam, wee leave itt to yom* dis- cretion to doe therein as it seemeth best to you. (9) That if it should please God soe to preserve you and our ship soe long thus voyadging amongst those Islands, that you shall be weary of the imploy, and that you are willing to come for England, our order is that you sell our shipp for our most advantadge, or if you finde any further incouradgment to continue the vessell still onn the same imploy, but willing to leave the same yourselfe, our order is that you place a Master to Comand the vessell and Company, that may bee well knowne to yourselfe, and that by experience you have found him both honest and capiable. (10) That when it shall please God to send you for Barba- does, for your better dispatch there wee desire you would take to your assistance M"^ Jacob Butler, to whome you may deliver what goods & Merchandize you have for our partable accompt, whose care wee doubt not but will bee sufficient for the disposeing of our interest to the most advantage, who shall have order to supply you with what you want to his utmost ability. (11) That if it should please God by Providence soe to dis- 110 WEECKING. CHAP. XI. 1660-1658. pose of our ship that shee bee lost by any accident, before any good bee donn onn the designe wee have p'^sent hopes of, that in such case if you finde oppertunity to furnish yourselfe with another vessell to goe onn the same designe, wee desire you to hold our interest with you in the said vessell, proportionable to each mans parte that are now interested with you on the William. (12) That if att any time any thing offereth, not contained in these directions, which you conceive may bee for more advantage then anything herein contained, wee fuUie leave ourselves to what you in your more knowing & experienced iudgment shall think best to bee donn, being confident of your integrity & faithfulnesse that you will in all things seeke the generall good of us and yourselfe. Soe desireing you would husband your time the best you may, leaveing the successe to the ever ruling Providence, thus wishing you a prosperous voyadge, wee have for your sufficient authority confirmed this our Order by our hands & Seales this Second of June London An": 1658. Sealed & delivered in the presence of us William Sayle Perient Trott Pe: & Is: Legay Ste: Wilkinson ffran: Sampson John SomersalL 88. Assizes June 15-17, 1658. (1) It was presented as a grievance the great voyelancey that was practised by several gauges that went on board a ship called the ' Anne ' w"" lately fell on the rockes, w* ship being left on ground by the seamen who went off in the ship boat, and being found empty of men the gauges aforesd made Sey Luer of the goods ' and tooke away their clothes, and despoyled them of their Instruments, and restored not any thing or but little backe, nevertheles their great wants. The grand Inquest desiered that order by the bench might be taken for restitution and left yt to be ordered by the Grouernor and counsell. (2) It was then presented by the Grand Jury that when there hath bin a scarceity of come in these Islands men wold advance yt to vnconsionable high prices, and in plenty too yt sold at so low rates that men are not paid for their labors by planting yt, Soe that they desiered that there may be a constant price set vpon corne by the busheU for tyme to come, that there ' may be encouragement for men to plant ' Or Sey ]Laer ; -words plainly written. Probably a technical phrase from tha Dutch for Sea Law, or something equivalent. PRIMITIVE POLITICAL ECONOMY, 111 (3) It was by the generall vote of the Bench and country chap. present settled that come shall hereafter be sould at no xi. other price than at eighteene pence per bushell as well in time i650-i658. of scarceity as in plenty (4) It was ' then also presented to consideration of the Gouernor and counsell that some course might be taken for restreyneing men from putting off pieces of eight to seamen, who ought by o"^ orders here to lay yt out amongst vs, and to continue still in comfortable comerse one w'" another as yt was fformerly Yt was herevpon ordered that all peeces of eight w* for- merly passed current for 4s per peece shold henceforward pass current betweene party and party at 5s per peece,'provided they are silver and that this be imediately published throughout the tribes (5) Presented at the assizes aforesd that through- the wast of tymber both young and old trees there is likely to ensue great evills thereby to posterity Wherefore yt was ordered that all owners a7id tennants should hereafter plant in young cedars or preserve bo many yerely for the good of posterity (6) The fHats Bridg being well kept by Larrence "West yt was presented to be consulted by the Bench how yt might be kept in better repayer. It was then ordered that Larrance West should have 201b of tobacco more than formerly (His salary being formerly 60 lb tob per annum, yt is now made vp to 80 lbs) he to find nailes boards & tymber .... (7) The Sheriife (Capt Stephen Paynter) is presented for not performing his duties according to the Booke of Orders. Pleads infirmity of body Promises to officiate hereafter accord- ing to his ability. He was soon after allowed to resign. (8) The great neglect of most people in clearing the Paths leading to the Eendivous is presented Former orders renewed and to be read publickly in each parrish quarterly. (9) The horrible and crieing sins of swearing cursing and drunkenes presented A proclamation to yssue forth about these things, especially the new Lawes made and provided by the present government of England .... (10) John Perkins and Grace Hamond for bastardy sentanced to be imprisoned 3 months and bound to their behaviour for one whole year 89. At a Counsell Table 6th July 1658. It was then considered that those seamen [of the 'Anne'] who were lodged at severall houses in Georges towne, should have 4s per weeke for the sicke folkes, and 3s a week for those who are healthful! 112 DIVISION OP TREASURE TROVE. CHAP. 90. June 24 to July 18, 1658. 1650-1658. Six attestations are recorded regarding Spanish trea- sure to a large amount recovered from a wreck upon Abaco, one of the Bahama keys, the division of which was the subject of a dispute : the subjoined statement of one of the parties gives a connected narrative of this adventure, which does not appear to have any connection with the expedition of Capt. Eichard Lockyer in 1656 (p. 77) : — This vnderwritten was left by Eichard Eichardson vnder his owne hand the 18th July 1658. We arrived at the Isle Elethea (Eleutheria) the last of July 1657 : and the 2nd August we arrived where the Inhabitants did live, at Capt Sailes house, and one Curtise by name w"'' was in the house made vs welcome, and gave vs such fare as he had, and did enterteyne as much of the folkes as he could about 16 or 17 dayes. And then there was a ffalling out between John Williams, Aser Eley, and I, by name Eichard Eichardson, and I left the house, and went to liue in the Cave where they did formerly goe to Service. And the Company that was at the Grouemors house after 3 or 4 dayes heard there was some wracke flfound about Jeames man's Iland, and then I and my company made ready my Shallop for to goe downe .... And the company went to make ready the Grouemors Shallop. And John Williams and Asa Ely came at the cane bay to some of our folkes and besought to stay for them. And we staied for them : to my best knowledge, we stayed for them about 3 or 4 days, till they were ready .... they were ready on Saturday at night on August the 28th or 29th, and they came to vs where the shallop rid, and there we made agreement to go share and share alike. And so we went downe, and got about 2600 lb sterl tbat voyage. And so in comeing up in the Great shallop they did put the money in 100 lb bages. And I think they brought yt all ashore in baggs. But I cannot tell, ffor the next day the Grouemors shallop that the money was in, they did arrive at the Grouemors bay affore night, and wee did not arrive till next night about 9 of the clock There when we came Curtise brought food to vs, and then wee went and shared the money, so yt was brought in 1001b baggs, and so wee took each one his bagge and so they left one bagge w'" a great deale of wranglinge, for I had made my agreement w'" my company for a share and a halfe But they would not let me have any more. And then Williams took the other 100 lb bagge for Capt Sailes shallop : soe after Jo. Wells and I had taken the money, there was more money DIVIS[ON OF TREASUEE TROVE. 113 shared amongst the Company, 30 lb a share or thereabouts to my best knowledge. But neither my shallop nor Capt Sailes _ shallop had any of that. And furthermore I doe declare vpon icso-ieds. my oath, and as I have a soule to be saved, that I never gave order to medle with Captain Sayles shallop, nor did I medle nothing in any manner of way in yt, for I had one of myne owne .... And for the agreement Cuitise made yt with James' man as he said for halfe a share ; and soe we went downe, and got that voyage about 80 lb a share, besides a share of siluer that weighed about 1400 peices of eight. And so when we came vp we came at Spanish well and there we shared the money. And so I took what did belong to me, and so did the rest, And soe there was left a share, whereof Curtise was to have halfe of it,, and Jeames' man Edward Walker, Joseph Dorwood, Walter Parker, they tooke the share and divided yt amongst themselves. And soe I spoke to Curtise and told him, to my best knowledge. Looks Curtise their shallop that is above named share the money, that you may not come to trouble me hereafter, ifor I do not medle with yt And to my remembrance he said that he would but pay himselfe for his paynes But vpon my speaking they did render some money to Curtise. They said' £10 each, but for how much money they let him have, that again 1 do not know. But I saw mony deliuered vnto him per me Kichaed Richardson This aboue written was deliuered vpon oath written by the abouesd the 18 July 1658 teste Antho : Jenour Secref 91. There follows the indictment of Thomas Moore and his wife for witchcraft. (See Appendix.) 92. A Proclamation, dated June 1658, embodying the recommendations of the Grand Inquest respecting a fixed price of ISd. a bushel for corn ; the value of pieces of eight ; the planting of cedar, &c.^ 93. Letter announcing the death of the Lord Pro- tector, dated Sept 4, 1658, addressed to the Governor elect, Captain William Sayle, who, however, had not then • June 8, 1658. The Committee of Council, viewing tlie prejudice likely to accrue to the English plantations abroad, and to the revenues of the Common- wealth, by the cultivation of tobacco in Great Britain, revert to an Act of Parlia- ment of April 1652, and order all tobacco growing to be grubbed up and destroyed. (Interregn. Entry Book 106, p. 880.) VOL. II. I XI. 1650-1658. 114 DEATH OF OLIVER CEOMWELL. CHAP, left England, and did not assume the Government until the January following : — After our very heartie commendacons, Whereas it pleased the All Wise God in his Providence yesterday about foure of the clock in the afternoon, to take out of this world the Most Serene and renowed Oliver the Lord Protector of this Comonwealth, to the unspeakeable Griefe of our hearts and the (Mighty) losse of these Nations, but in this sore affliction it doth much relieve our sorrow that this his said late Highness in his lifetime accord- ing to our humble submission, and advice, did appoint and declare the Most Noble and Illustrious Lord the Lord Eichard, eldest Son of His said late Highness, to succeed him in the ordering of these Nations, a person who hath given such eminent testi- mony of his faithfulness, and great affection to the Cause of God and the Publique interest of these Nations as giveth us abun- dant cause of rejoicing that the Lord hath provided such a Successor to undertake the govern', in whose prudence and mode- ration wee may Acquiesce and under whom we have not onlie hope but much confidence, that the Lord will make these Nations happy Wee therefore of the Privy Councell, together with the Lord Mayor, Aldermen and Citizens of London, the OfBcers of the Army, with numbers of gentlemen, have with our full voice and consent of tongue and heart, published and proclaymed the said Noble and Illustrious Lord Eichard to be rightfullie Protector of this Commonwealth of England Scotland and Ireland and the Dominions and Territories thereto belonging to whom wee acknowledge all fidelitie and constant obedience according to Law and the humble petition and advice with all heartie and humble affections, and therefore have thought fitt to signifie tlie same unto you, willing and requiring you immediately on receipt hereof, to assemble the Councell and Magistrates of your Islands and to cause His said Highness to be proclaimed in the usual places within your Islands according to the form herein enclosed mutatis mutandis, with such solemnity as becomes a business of such a nature, and to take all due care for the preservation of the Peace, and securing the same against all insurrections and disturbances that may be made by evil minded upon this change WhitehaU 4th of September 1658 Signed in the Name and by Order of the Councell Ffor WiUiam Sayle Esq. Will Jones Presid' Govem"" of the Islands of Bermudas These [The Proclamation will be found at p. 1 25. J MARTIAL LAW. 115 94. Assizes, September 14, 1658. chap. (1) The Jury for his highnes The Lord Protector of England 1660-1658. do present Tomakin, Clemento, black Dick, servants to M" Anne Trimingham, Jeames Benninge Skotsman, John Chehen (qu. Shehan ?) and David Laragen, Irishmen : black fifranke a negro servant to M*" John Devitt, and Edmund Malony, all of them inhabitants of the Somer Islands, servants, ffor that they not having the ffear of God before their eyes did vpon the 21st of August last past feloneous^y enter into the corne House of William Lindeth [whence they stole two sails, and afterwards ran away with a boat, both to the value of iS18]. They were found not Guilty ; yet the Governor and Counsell knowing them to be night walkers, and out of their masters and mistresses House that night, they were censured by the unanimous consent of the whole bench to receive 31 lashes vpon their naked backes, w"*" was done the 15th accordingly. 95. At a consell Table 14 Sept 1658. It was ordered that according to an order formerly made at a Counsell table, that those who spedd best at the wrecke called the Anne should keep a proportionable number of the seamen at bedd and board, and those said seamen finding passage are gone And the people of Georges towne being yet vnpaid for their dietts whilst they abode here, w"" arising to jS12 or £13 sterling, w"" money is now ordered to be paid by the severall gangs, according to the former order aboue mentioned, within 14 dayes after the date hereof If yt be not payd accordingly then yt shall be lawfuU to distreyne vpon the goods of any such persons whom the Gouernor shall appoynt 96. December 10, 1658. A special jury was empanelled, but without the forma- lities of regular assize, for the trial of John, a negro man servant to Mr. Devett, for murder. This is an example of a species of martial law applied to the slave population after the conspiracy of 1656. Leiften* Charles Whitenhall Foreman Leiftent William Nelmes Serjeant Stransham Serjeant Inglesby M'' Nath. Priddenson and 7 others I 2 116 END OF FOESTER S GOVERNMENT. CHAP. XI. 1650-1668. These Jurymen abouewritten were empanelled at Leiften* Rawlinges house and there passed vpon the prisoner and found him guilty of murthering the body of John Harper, and de- liuered vp their verdict in the presence of Capt" Josias fforster Grouernor, and M"" Eichard Norwood M"^ John Waynewright M"^ Thomas Eichard M' John Bawling and Autho Jenour Secret, in these words ffoU. Wee find the prisoner Gruilty. [Sentence was passed accordingly, but is not recorded.] 97. There are entries of December 15 and 20, 1658, but the foregoing is the last iu which Captain Josias Fforster is referred to as the Governor. At the next entry- following, dated January 5, 165f , we find his successor, Capt. WilHam Sayle, whose appointment dates from June, installed in office. SlI-TBB BEAKEK BEQUEATHED TO DEVONSHIRE PARISH BT OaPTAIN EoGEB WoOD, 1654, TO BE USED FOE SACBAMENTAL PURPOSES ONLT (SEB VOL. I. P. 543), ONE-THIBD OF FULL SIZE. 117 CHAPTEE Xn. LAST GOVERNMENT OP CAPTAIN WILLIAM SAYLE, APPOINTED JUNE 30, 1658 : EELIEVBD, JANUARY 12; 1662. Captain William Saylb, or Saile, now for the third time chap. at the head of afiairs, appears first in these Eecords as a —^^^i— councillor in 1630, and was sherifi" in 1638. Early in i658-i662. 1641 we find him Governor, but, in Norwood's opinion,^ altogether governed by the Independent clergy ; he got credit, however, afterwards with the loyal party for a moderate and temperate carriage towards them.^ He took an active part in 1647 against Governor Tumor and the Eoyalists,^ and was even suspected of a design to sub- due the colony to the Commonwealth by force of arms. The ill-starred expedition to Eleutheria perhaps made him enemies ; for, notwithstanding these evidences of his leaning to the Puritan and Commonwealth side, he was accused of being a Eoyalist, and his relations of friend- ship with some of that party were made the pretext of serious charges against him, from which, however, he was able to clear himself. He resided some time in Eleutheria, but left that place in 1657, and returned to Bermuda. He was selected by the Lords Proprietors of the Carohnas, after the Eestoration, to command their expedition for the settlement of that plantation,* and he probably died there. His will, dated Sept. 30, 1670, is recorded in Bermuda. 1. Sept. 7, 1658. A Petition is presented to the Privy Council by several inhabitants and others, pro- prietors in the island of Bermudas. They state that they '■-Vol. i. 570. ' lb. 608. » lb. 701. * lb. 737. 1658-1662. 118 SERIOUS CHARGES AGAINST SAi'LE. CHAP, addressed his late Highness, complaining of the Company '^^^' for choosing Capt. WiUiam Sayle their Deputy-Governor, and others as officers [in June last], who had been in arms against the Commonwealth and disaffected to it. This was referred to the Committee for America for their report. The vessel to carry Captain Sayle being ready to set sail, they pray for an order to the Committee to report thereon. Signed Phillip Lea, on behalf of himself and petitioners. (Col. Entry Bk. 13. No. 50.) 2. Sept. 14, 1658. The Committee for America report that the articles exhibited against Capt. Sayle are for the most part proved. In particular it doth appeare vato vs that at the time of the Eebellion in the Island, when the good people were imprisoned, the said Capt Sayle vnder p'tence of mediateing with the enemy fot their advantage, did exasperate them the more, for the better compassing his designe of carrying the good people to Eleutheria. And also that at the time of y^ said Eebellion, the said Capt. Sayle was very conversant and intimate with the Chiefe actors therein, and although he had walked in ffellowship vnder Mr White the Pastor of that congregation, did in that time desert them, and closed with Mr Viner and Mr Hooper, scan- dalous ministers, and the head of that faction, and that at his departure from the said Island, he left his estate in the hands of the present Governor Trymingham, and principall head of that Eebellion.' He had said that the execution of the late King was a treacherous and murderous act. They find also that Mr. Somersall made sheriff, Henry Tucker made Secretary and Councillor of State, and Hugh Wentworth Capt. of Paget and Warwick tribes, were disaffected to the Govern- ment and highly active in the rebellion there.^ They conceive the island to be of great importance to the Commonwealth, and are of opinion that Capt. Sayle is altogether unfit to be entrusted with the government ; ' The Committee cannot have supposed that Trimingham was still Governor in 1658, therefore must have meant ' the then governor Trimingham.' ' See letter of September 13. 1658-1662. LETTER FROM THE COMPANY, 1068. 119 and Somersall, Tucker, and Wentworth unfit to be in chap. any command or public trust. They recommend that the ■'^"" commission of the Company to Capt. Sayle, who is about to depart, be forthwith recalled. Signed by John Mill, Tobias Bridge, Martin Noell, and E. Sydenham. Treasury Chambers, Sept. 14, 1658. (2) To this is annexed a paper of charges against each of these persons, with the names of the witnesses ready to prove them, received Sept. 15, and also the names of those ousted by the Company, who have been ever eminent in the island and are sufferers for their fidelity to the Commonwealth, viz. Captains Stephen Paynter, Horatio MaUory, Fflorentia Seamer, Godheard Asser, Mr. Anthony Joijner (Jenour), Capt. Phillip Lea. (3) Sept. 23, 1658. The Lords of Council Disbrowe and Jones report. They have examined into the charges against Capt. Sayle, who was sent for from the Downs, whither he had gone on his voyage to the Somers Islands, and see no cause to stop him, but recommend that he be dismissed from further attendance, with a strict admoni- tion to demean himself with circumspection and faith- fulness to his Highness' interest and service. (Colonial Entry Book, vol. 13, p. 165.) 3. The Company to the Governor and Councell Sept 13 1658. Gent. (1) At a generall Quarter Court held the 30 June laat past wee did elect and make choice of severall persons to be oflBcers for the Somer Islands an account of which wee thinke fitt in the first place to giue you ; and afterwards to proceed to other particulars ffor Deputie Grouemor wee have elected and chosen Capt William Sayle and by our commission vnder our comon seale haue constituted him Grouemor and Cap' Grenall of the Somer Islands, vnto whom in all lawfuU things which hee shall comand by vertue of his ofiice, wee require all persons in the Islands to be obedient 120 COMMONWEALTH MEN APPOINTED. CHAP. (2) The Councellors and Justices of the seuerall Tribes by , -^^^- . vs elected to be assistant to our present Grouernor in the p.se- 1658-1662. cuting and p.forming of our comands conteyned in these gen'^all Letters and all such other commands, orders and Instructions which they shall from tyme to tyme receiue from vs, are these which follow. ffor Sandys Tribe M' Samuell Whitney Warwick Tribe M' John Wainwright Deuonshire Tribe M' Eich. Norwood Padgets Tribe M"" Nicholas Thornton South.ton Tribe M' Thomas Eichards Hamilton Tribe M'' John Milner Pembroke Tribe M'' Henrie M. Smiths Tribe M' Christ. Smith and in consideration of the good service done vnto the Company by M' Stephen Paynter, wee haue ordered that he shall be a councellor during life, ffor Sheriffe in the Somer Islands we have made choise of M' John Sumersall And wee pray the Grouernor and Councell to invest him in the said comand with all Imuni- ties therevnto belonging, for w""' purpose wee have graunted our comission ffor Secretary M"^ Henrie Tucker ffor Capt of Southampton ffort Capt fBorentia Seymer, ffor Capt. of Padgets ffort Capt George Tucker to be comander for one yeare, vpon the expiration of which and the proposall of the said Greorge Tucker That in case it shall appeare vnto vs that his brother M' ffrancis Tucker is euerie way fitt and qualified for the said comand, according to the character of him giuen to vs in court. That he be admitted to succeed him the said Greorge Tucker in the said cornand, Wee have thought fitt and ordered That the said Francis Tucker shalbe admitted to succeed his said brother M"" Greorge Tucker in the said comand accordinglie, ffor Comander of Smiths ffort Capt Groddard Asser, ffor Co- mander of the Castle commonly called the kings castle Capt Will Sayle o'' present Grouernor ffor Marshall M' John Bristow To these we haue granted our commissions according to their respectiue charges (3) We have likewise chosen for Captaynes of the Trayned Bands 1658-1062. DUTIES LEVIED ON TOBACCO. 121 Ffor S* Georges the present Grouernor Capt Sayle ^xu^' ffor Sandis Tribe Capt Greorge Bascome fFor Warwick & Padgets Tribes Capt Hugh Wentworth ffor Deuon and Pembroke Tribes Capt George Hubbard ffor Smiths and Hamilton Tribes Capt" Christo. Smith ffor Southampton Tribe Capt. Thomas Eichards. (4) Now haueing giuen you an accompt of o' officers our ex- presse comand is That you the Gouernor and councell doe examine vpon oath whether Hugh "Wentworth or any person elected to any place of cornand in the Somer Islands haue had a hand in the late riseing there, And if vpon examination and proofe any such persons be discouered. That they be forthwith suspended from those places to which they have bin elected, And wee do require you the Gouernor and Councell to retume vnto vs an accompt of your proceedings herein, by the next returne of o'' magazeene ship. (5) By our gen^all letters bearing date 10 Nouember 1654 [which have not been found, Ed.'] wee granted a libertie to the inhabitants of the Somer Islands That in case the companyes magazine ship should not arriue at the Islands yearlie by the first day of March That the said Inhabitants might ship their Tobaccos in any other ship, securitie being first giuen for pay- ment of the companyes dutyes But since haueing taken the same into our consideration and finding that such a libertie may proue very preiudiciall to the companie and Plantacon doe thinke fitt that the said Liberty be restrayned, and the order touching the same repealed and reversed (6) Wee haueing receiued noe returne of that o' comand in our last generall letters That copies of all the standing lawes made in the Somer Islands should be transmitted vnto vs by the secretary there, doe think fitt and require that o"^ said command be obserued, and that the secretary doe make and returne vnto vs an accompt accordinglie (7) ffor the better securing of the duties belonging to the Companie for Tobaccoes exported of the growth of the Somers Islands, without which dutyes the company here cannot be sup- ported, the preseruation and defence of the Islands (which necessitie yearlie requires) be provided for, nor the officers both here and there be satisfied & payd their constant sallaryes Wee doe think fit and order That you the Gouernor and Counsell doe cause the goods of euerie person that is indebted to the Companie for their duties and shall refuse or neglect to pay the same, to be seized and sale made thereof, vntill the said duties be satisiied and payd And in case such person shall not haue sufficient goodes to make satisfaction as afores^ That you the 122 THE FREE SCHOOL. CHAP. XII. said Grouernor and Counsell do cause the lands (if any be) of such ^_^^ person to be extended vntill the said duties be fully payd And 1658-1662. of this our command we do and shall expect a due obseruance and account returned by you to vs from tyme to tyme (8) ffor preventing that oppression w"" is comonlie done to the people of the Somer Islands by merchants ffactors there [see p. 63] in raising theire comodities to an excessive rate beyond the price set them by the merchant Wee doe think fitt and order That the merchant do henceforth vnder his hand send an invoice to his ffactor of all such goods which he shall transport to the Somer Islands. And if vpon complaint made to the Governor there, or the next Justice of peace it shall appear by perusal of the said Invoyce (which the ffactor is vpon demand to produce vpon Oath to be a true Invoyce) That the ffactor bath raysed his goods aboue the rate sett him by his merchant That euery such ffactor shall forfeit double the value of that comodity which shalbe by him offered in sale The one moietie whereof to be imployed for the good of the Colonie, and the other moietie to be payd to the partie that gave the Information. And the sherriffe in the Somer Islands is to giue and retume to this Company an accompt yearlie how such fines are or shall be employed (9) The ship we now send you is the Somer-Islands-Merchant John Jenkins comand"", to whome wee haue granted o"" comissions for this yeares cropp of Tobacco And wee doe require that the Master, Purser, or Boatswayne of the said shipp (that shall be appointed to take accompt of what goods sh&l be shipped at the Somer Islands aboard the said shipp) shall giue a copy of the same to the secretary in the Islands, expressing therein from whom such goods are sent, and to whom consigned, and that the secretary record it and transmitt vnto vs a true copy thereof .... (10) Upon reading and due consideration had of a petition from the Somer Islands against M"" Kighton wee have thought fitt and ordered that M'' Eobert Browne doe supply and execute the place of Minister for Smith and Hamilton Tribes and haue and enioy the gleabe lands there, with all profits and comodities thereto belonging. (11) Also upon motion of the Eight Honble the Earle of Manchester our Govemour, That the legacy demised by the last will and Testament of Sir Nathaniel Eich, Knight, deceased,' for the maintenance of the Schools in the Somer Islands, might be employed according to the intent of the Testator, we have ' Sir Nathaniel Eiche, Kt., member for Harwich, died towards the end of 1636. He was in some way, probably illegitimiite, related to the Earls of Warwick and Holland. See notes and Q., 5th Ser., ix. p. 335, WRECK OF THE 'EAGLE.' 123 written to M'' Eichavd Norwood thereby desiring him to under- chap. take the care and charge of the schools as formerly he hath , ^^^- done. And wee have ordered that Percival Golding be usher 1658-1662. under him; who is to have such recompense for his paines therein as the Companie shall thinke fitt. (12) ffurther, vpon reading of a Ltre from Mr Eobert Browne (one of the ministers in the Islands) complayning that 1 8 acres of land haue bin taken away and withheld from him out of the glebe land allotted him at S' Georges And vpon reading the survey of M'' Norwood in that behalf e showing that the said two shares haue bin measured by him, and that there are 50 acres therein' Wee have thought fitt and ordered that you the Gouernor and councell do cause that the two shares aforesaid be sett out according to the ancient lymitts and bounds thereof (13) Wee thinke fitt to giue you notice that JMr. Daniell Gaud is continued by vs searcher and surveyor according to his former comission. And wee do require you the councell not to admitt of any other ship for the Trade of Tobacco sane o' magazeen ship w"" wilbe tymely dispatched vnto you from yeare to yeare (14) . . . .wee do order and require you the Gouernor and councell to enquire what cedar hath bin feUed and carried away from Capt" Phillip Lea's land since September 1656 and by whom, and return vnto vs an accompt thereof by o"" magazine ship. As for the appeales and what else we haue receiued from the Islands you shaU find them determined according to the Seuerall orders of Court And thus committing you to the mercie of God wee rest Your assm-ed friends Warwicke John Heydon Deputie Perient Trott Eich Chaundler Tr Nathaniell Smith Christo. Hussey James Browning Samuell Harwar To our verie louing friend Capt William Sayle Deputie Gouemour and the councell of the Somers Islands give these London Sept 13. 1658 4. Extract from the Shipping Eegister. (1) Wednesdaye the 12th dale of this instant January 165-| ' Norwood, in his second survey of 1 663 (subsequent to tliis letter) returns on St George's Island : ' Gleabe in the tenure of M' Samuell Smith y° present minister there. Two shares containing per est. 50 i.' The book of the first survey is lost. 124 ACCUSATIONS WITHDRAWN. CHAP, the Ship Eagle of LoDdon John Whitty Commander, betwixt ,_! . nine and tenn of the Clock in the night, was cast awaie and 1658-1662. became a wreck vppon the North East breakers or Eocks of our Island, alias Bermudas (2) A Pkoclamation. By the Gouernor The remembrance of the horrid and vnparalelled abuses offered by our Islanders in and about the HopefuU-Luck wreck, hath bin by the Honor"'" companie charged vppon mee (if anie wreck should vnhappelie happen) to endeavour to regaine the lost Credit of our Islands and per consequence the lost honor of our Honor"'" companie. And vnderstanding that manie Botes of our Islands haue bin latelie aboard of Capt° John Whittles wrecked shipp And masters thereof haue bin charged by the Shirriffe and Marsiall to deliuer on shore such goods and haue bin by them recouered at Georges towne, and haue notwith- standing carried them elsewhere, to the great disaduantage of the aforesaid Captaine as may bee by him and mee iustlie sus- pected. These are therefore strictlie to require and comand all such masters of Botes as haue bin aboard the aforesaid wreck that they doe with all speede repaire with such goods as they haue recouered to George Towne, and present the same to the view of vs or either of vs without ffraude or collusion vppon any pretence of inconsiderableness or vnmerchantablenesse whatso- euer, as they will answer to the contrarie, not onlie vppon the fforfeiture of their proportion for Recouerie, but likewise vppon the strietnesse of the Lawes of our nation for transgressions in the like case prouided, to bee vppon them inflicted (if found tardie) Whereof I doe require euerie pson or psons whome it may concerne to take notice as they will answer to the contrarie at their perills. Giuen vnder my hand the 14 of this instant Januarie 165|- William Satlb 5. At a Council Table held at Town, the 27th January, 165f , the Governor and whole Council (Capt. Josias Forster, Mr. Stephen Paynter, and Mr. Francis Wat- lington, only excepted) being then present.^ It is ordered that the next Sabbath day the Councillors in their respective Tribes-church are (after the morning exercise) ' This lazy practice of entering the names of those absent from the Council, instead of recording those who were present, was introduced by Secretary Vaughan about 1646, and followed by his successor, Jenour. The petty obscurities and inconveniences that follow are endless. MEMORIALS OF BERMUDA, Vol, ii. p. 125 (MS: VoT. iv. p 2S)7 .rg. ^>,4 e^^^^ W^'^f.^..^^'/^--'^ A ►n ^ C'^ ..>. r ^ir f ^.>' O O .c^ ^ .^^ ^ <^''"* - /?^, ^ip n c^^,^U,„,^ [5 <^S-Tjo V K-<. r\ C^ 4^ cr^ ^rn^^'^ tu*^ .S. - PEOCLAMATION OF EICHAED CROMWELL. 125 to publish to the Inhabitants our ready submission to the power CHAP, of Eichard, the son of Oliver, the late Protector, and own him . -^^^ . present Protector of England and the Territories thereof; unto 1658-1662. whose Highness and his successors we most readily submit. 6. Paget's Tribe, February 17, 1658. The Governor and whole Council present, the day and the year above written (Mr. Stephen Painter and Mr. Jo. Milner excepted). Capt George Bascum convented for having formerly said that Capt William Sayle, after the death of King Charles, did say that they were all murderers and traitors that had a hand in putting the aforesaid King Charles to death, unto which Capt George Bascum replieth, that he never heard Capt Sayle vent or speak to his remembrance, any such words in all his life time. 7. Proclamation, July 5, 1659. Accession of Eichard Cromwell. (1) Whereas it hath pleased Almightie God in his wise and overruling Providence to take unto his Mercy the most serene and renowned Oliver late Lord Protector of this eomonwealth, and whereas his sayd late Highness did in his life tyme ap- point and declare the most noble and illustrious Lord, the Lord Eichard eldest son of his sayd late Highness, to succeed him in the Government of these nations. Wee therefore, the Govern- ment Councell and magistrates of this his Highnesses Colony of Sumer Islands in the name and with the consent and concur- rence of the inhabitants of this Colony, doe with one full voyce and consent of tongue and heart, publish and proclayme the said most noble and illustrious Lord Eichard to be rightfuUie Lord Protector of this Coiiionwealth of England Scotland and Ireland and of the Dominions & Territories thereunto belonging, to whom wee do acknowledge all fidelity and constant obedience according to Law, and the said humble petition and advice, with all heartie and humble affections, beseeching the Lord by whom Princes rule to bless him with long life, and these nations with peace and happiness under his Government (2) In p.suance and observation of the above written order from the Privie Councell. The Gov' Officers and Inhabitants of these Islands uppon the fifth dale of this instant Julie An" Dom 1659 about tenn of the Clock the same (Jaie, did promise obe- dience unto and Proclaime the Illustrious Lord Eichard Lord Protector of England &c with acclamation and subscription of 1658-1662. 126 SLAVES ON ENGLISH SOIL. ^^AP. their names. At which time were discharged severall peeces of Ordnance and muskets 8. At a Generall Court. Watling street 2 Sept. 1659. Whereas the Tymber of the growth of the Somer Islands hath of late yeares bin much destroyed by transporting the same into England and other parts, and by building therewith boates and vessells which haue bin disposed of and sold to the Barba- does and elsewhere, and vnder pretence of warrants for trans- port of cedar (granted to p.ticular persons) much Cedar hath bin conveyed aboard the Companys magazeen ship to the great damadge and p^'iudice of the Plantacon. This Court taking the same into consideracon doe hereby expressly prohibit and for- bid the Transport of any cedar wood out of the said Islands, either in the companys magazene ship or any other ship or vessel whatsoeuer, except such as shall be made use of for Caske and chests to pack up comodities of the Growth of the place, neces- sarie fireing to be spent in the Companyes magazene ships that are or shall be iipployed and sent to the said Islands. And if any person or psons shall ship or send aboard any cedar wood with intent to transport the same, except before excepted, euerie such person or psons so offending shall forfeit all the said cedar wood and double the value thereof, to be leavyed by distresse and sale of his or her their goods vntill the same be satisfied and payd, and this court do further think fitt That all and euerie person that hereafter shall erect or build any boat or vessel with the cedar the growth of the said Islands shall giue good securitye to the Grouernor for the time being that such boat or vessell shall be for the vse of the country onlie, and not sold or disposed of to any other place. And the Grouernor and coun- cell of the Somer Islands are required effectually to put this order in execucon, and cause the same to be publickly pro- claymed, to the end that all persons concerned may haue notice thereof and conforme themselues therevnto accordinglie Thomas Maeten Secretary 9. Sept, 7. 1659. Upon the petition of Anthony Peniston of Bermudas, merchant, setting forth that upon his coming to England, the same seven negi^es, which he formerly brought, took the opportunity to make their escape, and are now near Plymouth. The Council of State direct Capt. Anthony Eous to apprehend them and keep them in custody until the petitioner can provide for their safe conduct to London to the Bermudas Company. LETTERS PROM COMPANY, 1659. 127 These negroes, although doubtless slaves, were also sea- chap. men deserters. (C.P. p. 476.) 1658-1662. 10. Sumer Islands, September 8, a.d. 1659. At a Council Table held at Paget's Tribe, Vestry House, Capt. Will. Sayle Governor, and the whole Council then present (Capt. Josias Forster and Capt. Stephen Paynter only excepted). The Honoble Company having the last year ordered that M' Eichard Norwood should be reinvested in the Master's place of the Free School ; it hath been again and again tendered unto him, and he having refused the same (unless he may enjoy it upon terms unsuitable to the Companys order). It is therefore ordered by the Governor and Council that the rents belonging to the Free School for this present year, shall be appropriated to the Schoolmasters of the several Tribes, and the Sheriff to see or cause them to be delivered accordingly 11. Extract from a Letter from the Company, dated Sept. 19, 1659. (1) Upon the Petition of Henrie Smith setting forth his great suffering in being banished with others from the Somer Islands, and being outed of the place of Secretarie in the tyme of Capt" H Turners Gouernm' after he had bin at great charges in repayring the house belonging to that Office, and now being returned from banishment to theis Islands, in expectation of Eecompense for his suffering, and haueing sued for the same but left destitute of releife, and therefore prayes That he may haue a share of the Publicke lands & a seruant, paying such rent and wages as others do : wee recomend the Petitioner to you the Grouer' & Councell to grant him such satisfaction and repa- ration for his Bufferings and damadge in that act of Banishment which hath bin giuen to other persons in the like kinde, and to settle him vpon a share of the publick land vpon such tearmes and conditions as to you shall seeme meete. [Then follow a list of appointments of officers, commanders of forts and captains of the five Trained Bands, and repetitions of Orders 4-5 of 1658 {ante, p. 121)], 12. Letter dated Oct. 11, 1659. Capt Sayle These few Lynes giue you notice, that the Seu'^all negroes hereafter named, hauing ran away from the Islands and landed 128 LICENCES TO SELL DRINK. CHAP. XII. 1658-1662. in England, there hath bin expended in the recouerie of them £20 12s apeice. It is our expresse comand that the negroes be not proceeded against for their lines, but that the money w* hath bin expended as aforesayd, which wee are satisfied to bee in the whole one hundred twentie pounds eleuen shillings & three pence, be repayed to M'^ Anthonie Peniston (who hath already disbursed it) either by their respectiue masters, or that the Negroes of such as refuse so to do be sold to make satisfacon And in the case any of them shall happen to die by the way, it is our further will that the charge be equaUie borne by their masters Wee haue sent you inclosed a copy of the charge which hath bin already disbursed The negroes names are Saluadoro and his son Samuel ; John Deuale ; whan (qu. Juan) a? John : these belong to Anthonie Peniston. Anthonie a Negroe belonging to Thomas Griffin. Plenthento another negroe belonging to Paul Trimingham, and thus comitting you to the p.tection of the almightie wee remaine your verie louing friends Owen Eowb Deputye and seven others The charge of the negroes Septem' and Octob. 1659 J123 Us. 3d. (See again p. 153). 13. At a Quarter Court, October 17, 1659. The Court being informed that the vending of strong waters with other privilege hath bin p.mitted and allowed to persons trading to the Somer Islands for the Incouragement of such persons as have Traffique and comerce with the inhabitants there, thinke fitt and license all and euerie merchant Planter or other person that shall transport or carry Goods or Merchandizes or shall trade to the said Islands, shall haue libertie to sell strong waters with the rest of his and their goods & comodi- ties as heretofore accustomed and vsed. Prouided that this liberty be not abused by any such persons for Tipling or the keeping or vsing of any Tipling house in the Islands. And the Gou'nor and Councell there are to haue notice thereof, and to take care that the same be obserued Thom. Martin 14. Extract from a Presentment of the Grand Jury to a Court of Assizes, held in St. Georges, November 1659. The Grand Inquest did present John Morgan, Chirurgian, for speaking of most Blasphemous words against Almighty God as per the attestations of Elizabeth the wife of Josias Newman, Samuel Dunscome, Thomas Hartlan, and Louis his wife and Francis Welch do more at large appear, for which Blasphemous words he was censured. CD Q s; oi w pa a; o u NORWOOD S SECOND SURVEY. 129 By the Secretary and the major part of the Council, to lie in prison, according to the Statute, three months, or to give 10'" Sterg : for the public works. M' Richard Norwoods censure, that he shall stand upon the Pillory, and be burned through the tongue with an hot iron, and to practice no more in this Island. Capt Tho : Richards that he shall be forthwith banished. CHAP. XII. 1658-1662. 15. At a Council Table held at Georges Town, the Governor and the whole Council then present, De- cember 6, 1659. John Loe censured to stand with a bunch of Tobacco plants about his neck, according to the Act of Assembly, at the Church door, is, upon the request of Capt Florentia Semor, at present remitted of that his censure. But if he shall hereafter trans- gress in stealing of Tobacco Plants again, he is to stand in the Pillory. 16. Order to Mr. Norwood for surveying the Island and Tribes. At a Quarter Court Derivative for the Somers Islands Com- pany held at the accustomed place in Watling Street London, Monday the 16* of December 1659. Whereas the Grovernor and Council in the Somer Islands were in pursuance of several Orders of Court required to trans- mit and send unto this Company an Account of the names of all the owners of Lands in the said Islands, the number of shares to each owner belonging, and in what Tribes they lie, and that no such account hath hitherto been returned. This Court taking the same into their serious consideration do think fit and order that the said Grovernor and Council be required by Letter from the Company to be assistant unto M"" Richard Norwood in transmitting unto this Company (and he is hereby required to transmit unto them) a Platform and Model of the whole Islands of Bermudas, and all the lands thereunto belonging, as the same are now divided into distinct Tribes, and subdivided into par- ticular shares, with the names of the owners of every share, distinguishing therein, what are the Publick lands, in what tribe they lie, the number of the shares, and who are the present Tenants and occupiers thereof. And that the said Platform be made and returned unto this Company with what convenient speed a business of that nature may be performed. And this Court do further think fit and order M' Norwood VOL. II. K 130 KECKLESS WASTE OF CEDAE. CHAP, be remunerated for his skill and pains to be taken therein ; as the quality thereof shall equally deserve. XII 1658-1662, The map whose singular history is related in the preface to Vol. I. is the result of this Survey. 17. Januarie the 5*'^ 1659. Memorand. That Thomas GrifiSn (the daye and yeare above written, before the Grovernour) hath relinquished all his Eight and Title in the Negroe Anthonie, the which Negroe, M' Anthonie Peniston hath of late brought out of England. And M' GrrifEn hath likewise resigned imto M'' Peniston aforesaid, all his right, title and interest in another Negroe now or late in England unto M'' Anthony Peniston, in lieu of his great charge hee hath bin att in and about the Eecoverie and transportation of the aforesaid Negroes. In witness whereof they have here- unto sett their hands the day and yeare above written. And M'' Peniston acknowledgeth himselfe fuUie satisfied in and about the premises from Griffin aforesaid. Signed Anthonie Peniston Thomas Gteiffin Test : Henry Tuckek, Secretie. 18. By the Governor. A Proclamation, March 3, 16|-g-. (!) To the Inhabitants of the eight Tribes and the Publick Lands. I have received from the Honoble Company a command not to suffer any Timber to be transported out of the Islands. I have prohibited all men from transporting any Timber either for England or any other place ; and I, seeing the great want of Timber in the Islands, have thought it. my duty to stir up all the Inhabitants of this Island to take it into consideration what a miserable state this Island will be brought into in a short time, if a speedy course be not taken, for half the land in the Island hath not wood to serve for fuel, and yet I do per- ceive that few, or none looketh after their own good or after generations to come. I now see to the great grief of my heart such abimdance of Cedar burnt by firing ground even to the destruction of the Country, which if men had public spirits they would not dare to do, but by their acting they seem to me as if they did desire the destruction of the land ; for if those Cedars which are daily burned and destroyed through the carelessness of their servants, or their own carelessness, not regarding the good of the land, they do daily burn and destroy abundance of FREE SCHOOL EDUCATION, 1659. 131 firewood that might, with little labour, be saved for their own *^^^^- benefit, and the benefit of them that shall spring up after them, r-^_-. as all good common wealths men would do, and whereas many 1668-1662. do pretend by their lopping off young cedars to preserve them, they by their negligence, or to save them the labour to carry away the bush, they fire it so near the trees, that they do burn up the cedars that might by the blessing of God be fit for any use, which the Inhabitants will in a short time stand in need of, even to the destruction of the land, if not timely prevented. These are therefore for to will and require every person and persons in the land to use their uttermost endeavours for the preservation of all young cedars, and to be every year a planting of young cedars for the fencing of their grounds, so by that means the fruits of the earth may be preserved from blasting ; and as the old timber doth decay, the young trees may grow up for the use of the land, that the land may not be deserted, for without timber we cannot subsist. Therefore, whosoever for the futiure, shall be found guilty in any of the premises, they must expect no favour, but to receive condign punishment according to their several demerits. These are desiring all to take notice hereof whom it may concern, as they will answer the contrary at their uttermost perils. (2) You are further to understand the Honoble Company's great care, that the Inhabitants be not oppressed by the factors ; it hath pleased their Honours to send an express order to put every factor to their oaths, that they do sell their Merchants' goods according to the Invoice sent from their Merchants, and they are to take their oaths that the Invoice is the same the Merchants sent with their goods. If it can be proved that they do sell their goods at a dearer rate than is set down by their Merchants, they are to forfeit all the goods so sold, and the informer to have one half, and the other half to be bestowed for the use of the Country. (3) You are further to take notice that the Honoble Com- pany did appoint M"^ Norwood to be Master of the Free School, but he having refused it, I, and the, Council, have prevailed with M' Jonathan Burr, to take upon him the charge of the Free School, and he will teach any that will repair to him to Warwick Tribe. He will teach to write and to cypher, and teach them Latin for nothing, and the art of Navigation to all those that will pay him for it. M"^ Percival Grolding is his Usher, and whosoever will send their children unto him, he will teach them English and Latin, and to write and to cast accounts for nothing. Thus desiring every person in the Islands that desires their children to be trained up in knowledge and the fear .of the Lord to send their children unto them to be educated that we K 2 132 FIRST ADVENT OF QUAKERS. CHAP, may leave a Generation behind us to praise and glorify the Lord , ^^^- . when we are in the dust. 16.58-1662. Given under my hand the 3'* day o^ March 1659. William Satle. The self-satisfaction of the Puritan ministers in Bermuda began to be disturbed in 1660 by a sect of pietists, whose enthusiasm as much exceeded their own as theirs had exceeded that of the orthodox clergy some twenty years earlier.^ These were the Quakers. Already had they thrown the Church in New England into alarm ; and as early as 1652 it was ordained by the Common- wealth of Massachusetts that ' none of that cursed sect shall be imported into the Colony : that Quakers con- victed shall be banished, upon pain of Death. '^ The first of them, however, did not appear there until July 1656, when they came from Barbadoes. Four of them were ordered to be sold to any of the Enghsh plantations of Virginia or Barbadoes in 1658, and four were actually executed in 1659. Such was the light in which they were regarded when no less approved a champion of the faith than the Eev. Nathaniel White became the object of their attack in the Somers Islands ; and, as evidence of the violence and indecency of their polemics passes before us, it is difficult not to acknowledge that the Established clergy had some ground for the horror with which they regarded them. 19. At a counseU Table held at the Vesterie house in Pagets Tribe on the 3rd dale of Male 1660 The Gouern'^ Capt° William Sayle being then and there present and the whole councell except Capt Painter and M" John Milner. (1) George Eose and Eichard Pinder (comonlie called Qua- kers) the which arrived here the 24'" of Ffebuarie last past, and ' ' In this Year, William Sale, being then Governour of Bermudas, two of the People called Quakers came to that Island, and by their Preaching, several of the ' Inhabitants, convinced of the Truth they bore Testimony to, began to separate from the usual Way of Worship, and form religious Assemblies among themselvs. At this the Priests expressed much Uneasiness, and by them the Magistrates were so far prevailed on, as that they committed George Rose to Prison, and threatned to banish him out of the Island, but it doth not appear that they made any farther Proceedings against him, or any other of the said People till about five Years after ' (see 1665). — ' A Collection of the Sufferings of the People called Quakers,' by Joseph Besse, London, 1753, ii. p. 366. ' Chambers's ' Political Annals,' p. 167. ADULTERY A CAPITAL OFFENCE. 133 have not bin by the Grouernor, Gouernment, or our Eeuerend chap. ministers, interrupted in their meetings or assemblies of such of . -^^^ , our Inhabitants as haue bin disposed or inclined to heere them i658-i662. exercise their Gifts, in or after their owne waie & manner either vppon the Saboth daie or weeke dales, since their arrivall & aboad amongst vs The aforesaid George Eose hath notwith- standing taken vppon him (the last Lords daie to appeare in Sandis Tribe Church, and before the Benediction by our Eev* minister M"" Nathaniell White pronounced) to disturbe him in publique, by his charging of him for deliuering of false doctrines to his hearers, the which the said Eose could not make good against M' White when conuented before the Gou"" and coun- cell. But M' White made it plainlie appeare by seuerall Scrip- tures that whatever he deliuered was according to Holie writt, ffor which practice of his, it being contrarie to a statute lawe in such cases prouided, he is by the Gouern"' and Maior pte of the councell censured to lay in Prison one complet moneth, and this wee were constrained to do to preuent further mischief & inconuenienses that mite haue followed for there were manie desperate and threatening speeches giuen out by manye of the Inhabitants, that they would tear the Quakers to peeces if they were not restrained from disturbing of our congregations And to preuent murther and shedding of bloud wee were con- strained to clap him in prison as aboue expressed Memorand That these vnderwritten councellors doe not con- sent to the censuring of George Eose as aboue expressed Captain Thomas Eichards, Capt fflorentia Seymour, Mr Joseph Moore & M' Nicholas Thornton. 20. At a Council Table held at Georges the 21"* of June 1660, Capt Will: Sayle Governor, Captain George Tucker, M'' Francis Watlington, and Henry Tucker Secretie being then present. The case of Neptuna, the wife of Benjamin Downeham hath this day been taken into consideration, the which having been found guilty of Adultery, for that she hath (in her husbands absence) had a child begotten of her body by John Morgan chirurgian, whereby she hath made herself subject to the sen- tence of death by the present Laws of England,' nevertheless, an opportunity of sending her away to Eleutheria by M' Thomas Sayle's ship being now presented. The Governor and Council in favour to her life, have thought fit, and ordered her banish- ment there hence, in lieu of the execution of the Law as afore- said, in the said M"^ Thomas Sayle's ship ' Seethe Act of 1650. 134 CHAP. LICENCES FOR SALE OF LIQUOR. fi^i^- 21. At a Quarter Court, Watling Street, July 11, 1660. 1658-1662.1 This court taking into consideracon the manifold mischiefes and euills that are occasioned and bred by vending and selling of strong Drinke in the Somer Islands in an vnlicensed and illimited manner, to the growth and increase of the Odious sinne of Drunkenness amongst the Inhabitants there, to the high dishonour there of Almightie Grod, the great scandall of Eeligion and the Grouernment of the said Islands, Doe thinke fit and order. That noe person or psons whatsoeuer within the said Islands shall haue libertie to sell vende or utter strong drinke within anie of the Tribes diuisions or any partes or places thereof as an Alehouse keeper or victualler, or shall keepe any common Alehouse victualling or Tipling house there, except such person or persons onlie as shall have license for soe doeing giuen or graunted vnto them, by the Gouern"^ & Councell of the said Islands 22. Extracts from a letter from the Company to Capt. Wm. Sayle by ' the Somer Islands Merchant,' dated London, Sept. 3, 1660. Orders to proclaim Charles II. (1) [He is much commended for his endeavour to prevent the exportation of tobacco by the Jamaica ship, reported by letter March 3-31, 16|-§-, but the Company is informed that a considerable quantity nevertheless left in her.] Wee woidd haue you admitt no ship to trade with the Islands vpon any p'tence w'soeuer but what shall come vnder the comand of the castle there. (2) Wee pray you to proceed in recouering the Companies Duties for the Tobaccoes transported in Capt James his ship, and therein to vse your utmost endeavor and what shall be so recouered that you returne and giue vnto vs an accompt by this ship. As for the servants by vs sent the two last yeares which you complayne were most naked and some fitt to put to nurse, wee doe assure you that it is otherwise than the Company knew of, the costs and charges incurred and contracted for them being equal to anie (in euery respect) that the Company haue hereto- fore sent. And if it hath bin an abuse wee shall take care to see it remedied for the future. . . . ' This order was proclaimed Feb. 28, 1661, see p. 145. There is evidence that distillation was practised in Bermuda at this time. Among the effects of Stephen Paynter, whose will was proved May 1661, are enumerated — 'In the Still house, 1 still with the furniture, 4 harnes heads Hhds, 1 Tierce, 1 Hhd and 1 Barrel.' See also p. 28. THE RESTOEATION. 135 (3) The Tobacco received from the Islands this yeare wee chap. find to bee so bad that the one halfe thereof will not defray the . ^^}' .. - charges of transporting. And we cannot but wonder that not- 1658-1662. w'l'standing o'' reitterated Comands and Aduises repeated from time to time for reforming this great abuse of making of bad Tobacco That you suffer the Planters to persist to doe as they haue (wee must say for the most part) alwaies done. And if the Retourne this yeare be such as the last was — bad in quali- tie, and withall deceiptfullie made vpp, the Adventurers will vndoubtedlie be verie great losers, the officers destitute of the payment of their salaries and the Island itselfe without the supplie that expectedlie and necessarilie ought to be prouided And beside the comoditie itselfe, wee dare to assure wiU utterlie become out of request. Wee cannot but mind you that vpon less prouocation, the companie haue formerlie ordered that the Tobaccoes thus made should be burnt on the place, according to the Law in that behalfe. And wee shall be constrained to take the like course, if wee 'see not the same to be timeouslie pre- vented by you for the future (4) Wee are very sensible of the want of ministers in the Islands, and haue rather lamented then beene able to supplie the same at this Eetoume. Wee haue paid the ministers all theire sallaries that are respectiuely due, and haue giuen to M' Eobert Browne Twentie pounds as a gratuitie and engagement to con- tinue his labours among you To whome wee haue directed our Letters as also to m' Burr with theire accompts stated. And for M'' White, his sonn hath receiued his sallarie for him here (5) Wee haue sent you 2 proclamations against Debauch- erie and other enormities, and doe require you That you cause the same to be published in due manner and effectuallie putt in operation, and more especiallie Wee will, that in Solemne man- ner his most Excellent Maiestie Charles the second be through- out the Islands proclaimed King of England, Scotland Ffrance and Ireland Defendo"" of the ffaith &c And that the Oathes of allegiance and Supremaeie be taken by you the Grouern'^ and Councell and all Officer Ciuill or Militarie and aU and euerie other person or psons within the said Islands according to Lawe. And further that you cause the Kings Armes which wee haue herewith sent you to be sett vpp in the Sessions house at S' Georges, and lastlie That you the Gouern' and Councell doe vse your best endeavours to retaine the people in theire due Alle- giance to his Maiestie (6) [Notice is given of six new silk ensigns sent out for the foot companies to replace those issued last year, doubtless in consequence of the restoration of the Eoyal cipher ; '6 Barrels of Gunpowder, 1 Partizan, 12 Halberts, 100 musketts.'] 136 DIFFICULTIES ABOUT THE SCHOOL. CHAP. XII. (7) . . Wee haue considered of what is written by M' Nor- _ wood at large touching the ffree school and of the Tnonies 1658-1662. which he demands to be due vnto him, and alleadgeth to be vnsatisfied by ts and wee had thought that wee should haue heard no further of that busines ; Since M' Norwood hath de- clined our Tender to him and the conditions of vndertaking the School ; at the least nothing more of the demands of Sal- lary And on a view of what wee haue formerlie written touching the Sallarie and the grounds thereof, wee conceive there is no cause for o' further tender. But as to the shares of land (which we vnderstand to be in number 10) We have ordered that you the Gouernor and council do receiue the meane profits thereof to the vse of the Company, and be ready to giue an accompt of the same vnto vs when therevnto required. And that you p'sent vnto vs by the next return e of o"^ magazeen ship the name or names of one or more persons which you conceive will be willing to accept of, and shalbe euery way fitted and qualified to dis- charge the place of schoole M' in the Islands for the benefitt and good of the Country, and haue and receive for his paynes the p'fitts of the sayd tenn shares 23. At a Council Table held in the Vestry house in Pagets Tribe, the 6*^ day of September Ano : Dom : 1660. (1 ) Captain Florentia Semor complaining of Sander Spencer, of Sandys Tribe, for that he hath of late most impudently gone from house to house and possessed several Inhabitants in the said Tribe, that he had seen that day two ships on the west side ; when as the said Capt Semor nor any other of the Inhabitants of the said tribe did not, nor could not possibly that day see any ship or ships. The said offence having been taken into serious consideration by the Grovernor and Council. It is unani- mously ordered, that the said Spencer, for that his notorious offence, shall, at the next public meeting in the said Tribe, be whipped in the view of the people then present. (2) John Huchins, Constable of Paget's Tribe, having for- merly complained of three Irishmen, servants to Lieft Wheten- hall, Lieft White, and Eobert Dickenson, that they did, not long since, in the Southside common path in Paget's Tribe aforesaid, give him the said constable many confronting lan- guages, and withal jussle him as he passed along in the said path ; whereupon the said Irishmen for the said offences, by them so committed, are by the Governor and Council, at this present meeting, unanimously censured to stand in their several QUAKERS REFUSE TO SERVE. 137 Tribes churches during the forenoons exercise, in the full view of the Congregation, with a paper fixed upon their breasts, with their offences towards the aforesaid constable, by them com- 1658-1662. mitted, therein expressed : and immediately after the said exer- cise is finished, to sit in the Stocks until the ensuing exercise beginneth. (3) Greorge Eose a professed Quaker hauing of late in a clandestine manner gained into his hand a letter of our reuerend Minister M' Nathaniel White (as the said Eose alleageth it to bee IVP White's, though hee hath not produced the originall under M' Whites hand) written in Elutheria soon after his banishment from hence, being about eleuen yeares since. And hee the said Eose haueing first descanted vppon the said Let"^ and haueing collected therehence what he could, not onlie to the naked disparagement of the said Mr White but principallie (as is most apparent) to reviue and recollect an Odium betwixt him the said M'' White and the Inhabitants of these Islands in gen''all, by his (likewise) secretly transcribing the same and glueing as well as reeding Copies thereof vnto sum of our In- habitants, as he hath confessed, Which practice of the afores* George Eose haueing bin taken into serious consideration, as likewise M' Whites voluntarilie and freelie remittin i; iu pub- lique since his return from Elutheria the aforesaid outrage dun vnto him by our aforesaid Inhabitants Hee the said George Eose is thereuppon vnanimouslie censured to lie in prison vntil his departure from these Islands And by the maior parte of the Councell not to be suifered to haue either Pen, Inke, nor Paper during his said imprisonment (4) ffancis Islie alias Estlock a person of the same judge- ment with George Eose haueing bin complained off by Captain William Nelmes for his refusing to beare armes at his exercising of his Souldiers vnder him Is at the present onlie admonished to reforme vpon the like occasion hereafter. But in case hee the said Islie shall for the future refuse to beare armes, hee as likewise anie other of the same Judgement are to lie bound necke and heeles together during such exercise vnder Captain Nelmes or anie other Captaine of a Trained Band in these Islands. And in case of an invasion of an enemie to be forsed to fight in the ffront thereof 24. At a Gen'all Court held on Wednesday the 12 Septemb'- 1660. Vpon Complaynt of the Secretarie that he receiueth little benefitt by the Table of Ffees allotted him by the Court. It is 138 PROCLAMATION OF CHARLES II. CHAP. XII. 1658-1662. ordered that he shall not be compelled to deliuer out any order to any person that concerns any priuate mans busines vnles he be first paid for the same according to the Table of his ffees sett and allowed of by the Court. And that no intimacon be inserted in gen''all Letters of any order made in any priuate mans busines, vnles the party concerned hath taken out his order and payd the Secretarie his dues (Signed) Thomas Maeten Secret'^ 25. At a Councell Table held at S* Georges the 26th day of Septemb. An" Dom. 1660 being then present Capt "William Sayle Grou''n'' & Captaine of the kings castle Capt" George Tucker Comand' of Pagets fforte and councellor of State Capt fflorentia Semor Comand'' of Southton fiforte & Counceller of Sandis Tribe M' John Millner Councell' of Hamilton Tribe M John Deuitt Councell' of Warwicke Tribe Captain Thomas Eichards Councell'' of Southampton Tribe M' Ffrancis Watlington Councell' of Devonshire Tribe Capt- Christ' Smith Councell' of Smiths Tribe M' Joseph Moore Councell' of S' Georges & Tuckers Towne Capt" George Bascom Councell' of Pagets Tribe Henrie Tucker Secretarie (1) The Gouern' haueing receiued by Mr John Stowes shipp the 24th of this inst, September Printed Bookes Proclamations Lett" and certaine Intelligence by the waie of Barbadoes from England That Charles the 2nd was the 5th dale of maie last past Proclaimed thor'out all England &c kinge Hee hath this dale comunicated the aforesaide happie newes vnto his Councell and propounding vnto them all to be sworne according to the ancient Eecorded fforme (in relation to submission to the kinge &c) Hee himselfe and the aboue resited Councellors haue this dale most willinglie and rediUe according to each mans place and office taken the aforesaid oathe Vnanimouslie Ordered that the kinge bee proclaimed at S' Georges and at the Hede of the Trained Bands of these Islands according to the Proclaimation receiued out of England at Eleuen of the clocke vppon Tuesdaie the second dale of October 1660 At which tyme three guns at the kings Castle, one at Southaton fforte, one at Pagets fforte, and the gunn at the mount, are to bee discharged and three vollies of shott at each Trained Band, Ordered likewise that the Parliament or LOWERING OF FLAGS: ' EUMBULLIAN.' 139 state Distinction latelie vsed and allowed in the fflaggs at the chap. Castle and the Seu''all fforts bee taken out of the same and the - ■^^^' . fflaggs to be in statu quo prvws 1658-1662. (2) Lief John ffoxe Deputie Comand' of Smiths fforte and Lief Jonathan Stokes Deputie Comand"^ of Pagets fforte con- uented before the G-ou'no' and Councell for their pusillanimous & cowardlie comportment in suffering M'' John Stowes shipp to passe by their fforts and cum into the Harbor with his fflagg aloft. As likewise for that both of them did at the same time uppon M"^ Stowes p.functorie p''suasions lower their aforesaid fforts fflaggs and giue him Grunns without any lysence. [Censured to be turned out of their places and not to bear office again in the like places in these islands. Afterwards on Mr. Stowe's intercession mitigated.] 26. At a Council Table held at St. Georges, October — , 1660, present Capt. William Sayle, Governor, &c. The great inconveniences that must of necessity follow by Jurors being Attornies to plead other mens actions in Court (whereby the proceedings of the Assizes are greatly impeded) by waiting for them to plead their friends actions, when they are impanelled and gone out with their fellow Jurors ; having been taken into mature consideration. It is thereupon unani- mously ordered at this Assizes in open court ; that for the time to come, no Juror shall be Attorney for above one action at an Assizes ; and that care shall be had for the future, that none be chosen Jurors that have above one action to try in the Court. 27. At the Assizes, November 27, 1660. (1) John Moclarie an Irishman haueing presumptuouslie vndertaken to deliuer a caske of Eumbullian to the Grouernors Negroe woman Sarah Simon to keepe, if not to retaile the same for his aduantage, and thereby haueing occasioned great dis- order and drunkenesse amongst the Gouernors Negroes and others, and the same Eumbullian* haueing bin discouered by M' John Bristo Marshall It is vnanimously Ordered that the same shall be sould and the produce thereof be bestowed vppon the Scochman latelie wounded by Matthew Makennie for his maintainance ' This word cannot be traced. It is not now known in Bermuda or the West Indies, as far as the writer has inquired. 1658-1662. 140 STRAN'GE JUDICIAL PKOCEEDINGS, CHAP. (2) The warrant for repreiuing of M'' John Vaughan and John Eighton. To Capt George Tucker shieriffe These are to allow you, notwithstanding my warrant directed vnto you for the executing of John Vaughan and Eichard Eaighton when they be upon the lather and made fast to the gallus, and haue made thier confession and you cannot get any- thinge from them concerning the murdering of the woman ' That then you repreive them, and comitt them to prison againe whilst you do here from me But if you can disco uer or gather from them or either of them that they had any hand in mur- dering the woman, then to execute him. Or if both had a hand in it then to execute both of them, And for your soe doeing this shalbe your sufficient warrant Griuen under my hand this 4th of December 1660 (signed) "William Saylb 28. Presentment at the Assizes, December 1, 1660. ( 1 ) The Grand Inquest did present Martho Makenny Scotch- man now in prison for that contrarie to Christiantie or humantie vpon a premeditated and spleen full malice, he did most cowardly cruellie and almost mortally with a naked sword, stabb and wound one Daniel Maclary a Scotchman of Devonshire Tribe, to the vtter disabling of the said Maclary (as is conceeued) euer to gett his liuing if he scape with life. Also this inhumane wretch Martho Makenny not content with the forementioned villinous act but when Bartholomew Cotes Hedburrow of the said Tribe came to the Eescue of the wounded p.son the said Makenny did strive to his vtmost to haue stabbed the said Cotes. Whereuppon the said Martho Makenny was censured to lie in prison, and to beat corne or do any such seruile labor as the Marshall shall thinke vppon to be most aduantageous for the gaining of his liueinge (2) Nine married Couples .are sentanced to make a publique acknowledgement in the respective Tribe Churches of sin before marriage in the following terms I A. B. doe humblie and heartilie acknowledge in the pre- sence of Almighty God and before this Congregation that I haue greatly offended his heauenlie maiestie and you all ... . ' Neither of these two persons had been coninoted of murder. The offence for which they were severally tried and convicted was robbery in a dwelling-house. And the murder, of which it was hoped to extract a confession, was a totally different crime of which they were suspected to be the perpetrators, although they had not been tried for it (see p. 147). DEGRADING PENANCES. 141 And doe earnestlie desire this congregation to pray vnto God to chap. forgiue me for this my great offence, ffor I haue bin a dishon"" ^' . to Crod, and a shame to the profession I haue professed and 1658-1662. haue .... imboldened others to comit that horrible sinne . . . . , and so by that menes the Islands is stored with children that are not legitimate, neither can they inherit any of their father's lands, but are to be counted Bastards and I am ashamed of my horrible sinne, and I doe heartilie desire the petitions & earnest prayers to almightie God of all here assembled to ioyne with me in prayer & supplicacon vnto the Lord for pardon of this my great offence wherein I haue broken the lawe of God and our kinge and that for the time to come I may be a paturne of good to all amongst whom I line, and may for the time to come bring forth fruite to the glory of God (3) Four men and as many women (negroes) are sentanced to receive 39 lashes each at the whipping Post in S' Georges for immorality (4) John Davis a mariner is permitted to marry Penelope Strange one of the Companys molatto women upon condition that every other child bom of the marriage shall be the pro- perty of the Company— reserving to the said Davis the right to put in a negro child in lieu of any one of those so falling to the company ; and also to use any means he may to the company for the procuring of Penelope's freedom : but in the interim he is to pay 40° per annum for her wages. 29. At a CouDsell Table 12 February 166f . M"^ Eichard Norwood haueing at this councell Table alleaged that he hath latelie made sweete oyle of oliues of the growth of the oliue treese of these Islands, and conceiuing that it may be advantagious in time to the inhabitants to plant plentie of oliue treese in relation to the making of plentie of oyle, hath moued that the Inhabitants in generali may be incouraged in the proiect aforesaid. Where upon it is vnan.ouslie Ordered, that there shall be planted vppon euerie share of land in these Islands tenn oliue treese And that the Gouern"' doe in the next Publication make signification hereof to the owners and Tenants of Land throout these Islands' ' A venerable olive tree, one of the largest in Bermuda, exiBts on Norwood's property, close to the house in which he once resided, and which is still occupied by one of his descendants. The olive in Bermuda probably originated with chance seeds scattered by the shipwrecked crew of some Spanish vessel. At pre- sent the tree is somewhat scarce, and no use is made of the scanty fruit. 1668-1662. 142 CONTRABAND TOBACCO. CHAP. 30. By bond, dated February 20, 166f C^pt. George Tucker, Capt. Phillip Lea, and Mr. Paul Trimingham, own- ers of the vessel called the ' Hopeful! James,' engage them- selves 'joyntlie and seuerallie in fourr hundred pounds sterHng to saue harmlesse John DorreU of the abouesaid Islands, and his assignes from all troble and damages that he or they shall receaue from any member of the Sumer Islands company of Merchant aduenturers ' .... for all tobacco to be shipped by him. He the said DorreU paying at the port of delivery Id. per lb. for the Company's duties and l^d. per lb. freight.^ The shipper to have choice of any three ports in Ireland ; and in the event of the lading being delivered in bulk at any of them, to be afforded free passage for himself to Bristol ; but if no considerable market present itself in Ireland, then to have choice of any port between the Land's End of England and Hampton. The tobacco was apparently not ready for shipment until April, when John DorreU, Edward Sherlocke, William Berkeley, and George Tucker severaUy bind themselves to pay, or cause to be paid, to Capt. W. Sayle, the Governor, various sums, ' For the use of the honorable company for their pence for the duties on Tobacco shipped.' The total amounts to £106 4s. 10^., representing 25,798 lbs. of tobacco, and the 2^d. per lb. for freight and duty being exactly equal to the estimated value of tobacco in the levy of the previous year; the duty was 22 per cent, and the freight nearly 28 per cent, on its cost at the port of delivery. 31. The Accompt of the Shieriffe for the Generall Levie An : Dom 1660. The Countrie Debitor pr Tobacco. Imprim To the Lieft of ing the Bridges at the Castle & Souldiers Burnt Pointe . 100 for theire Salleries . 2350 To Larence West for To Misf Stalvers for the keeping the Bridge at fferrie . . .600 the fflatts. 50 To M' Otwood for keep- To old Higgs 100 ' £11 13». id. per ton. GENERAL LEVY, 1660. 143 I To old Eobesin . .150 To David Minge for fell- ing & squaring of Joyce, and makeing of Trussells for the plat- forme at the Kings Castle & Southamp- ton fforte . . .200 More to David Minge for felling & squaring of Timber for South- ampton fforte . . 160 To the Castlemen for victualing Carpenters that laid the Plat- forme . . .100 More to the Castlemen for makeing of two Sesturns for water . 120 To the Mount keeper and Crier. . . 200 To Joseph Groodfaith for fixing the armes at Towne and the Castle 100 More for fixing the Armes of Smiths & Hamilton Tribes . 100 More to him for clensing the armes which was due to him upon the last yeares Accompt . 20 To George Leman & his man for 8 dayes worke I ! d The sum set in monie sterl . . . 66 16 9 To severall work- men for laying of a platforme at the Kings Castle and other works as foUoweth. Imis. To Kichard Joell for 15 dayes worke at 1° 6* per day . . .12 6 for plaistering the Court of Guard at 16* y day a man To Will: Homes for 7 dayes worke about the Court of Guarde at 16* y day. To Joseph Goodfaith for makeing of Linspins & bolts for the fforts and Castle More to Joseph Good- faith for worke . To the Mount Keeper at fHemish Wreck . To M"^ Joseph Moore for dieting of the Sayers for sawing of Timber for the Castle & fi'orts To Lieft Jones for diet- ing of Sawyers for saw- ing of Timber for the fforts & Castle . To M' John Bristo for dieting of Sawyers for sawing of Joyce for Southampton fforte, for the Castle and for CHAP. XII. 84 1658-1662. 37 160 150 100 56 120 100 of spikes . . 40 To old Olderhead . . 100 5347 I s d To John Argent for 6^ dayes worke . 12 To M"" Sumersall for 3 dore locks 9 To William Spach- urst for 16^ dayes worke 1 4 ToJohnRenaldsfor 12 dayes worke . 18 To Mist" Marsh for nailes for the Castle boate 6 6 144 GENERAL LEVY, 1660. CHAP. To Thomas Wells r-^ for 9 dayes worke To Anthonie Penni- ston for sawing of 1658-1662. at 2^ 6* y day . 1 2 6 Timber for South- To his man for 10 ampton fforte . 2 dayes worke at To Nath : North for 18" y day . 15 sawing of Joyces To John Well for & dieting the 19 dayes worke at Sawyers 18 2» y day . .1 18 To John Bedwell To John Welsh for for a Crow of Iron worke done at for the Castle . 3 Smiths fforte 1 To John Welsh for To 2 gallons of mending the Cas- aquavita for the tle boate, & for Castlemen, Car- worke done about penters, and seve- the Court of rall others for Gruarde 8 helping to Carrie To Stuff for the the Joyce & Castle Boate 10 Timber to the Castle 12 80 7 3 To 60 " of Beefe for the Workmen at the Castle 11 Per Contra C redito Pr Eight Tribes at 2401bs i Pr Eobert Burcher I 50 each. 2720 Thomas Higgs . 50 Eents of the Publique WilHam Bell . 30 lands. For the Sherifs Lieft Brangman 50 land. 200 Lieft Bracklie , 100 M Joseph Mores Eent 160 Longburd Island 80 Coopers Island Eent . 40 William Allen . 60 5280 Hen : Harding . 50 Lieft Hilton 100 < The Sum sett in J d 1 Pr monie of Thomas 1 i monie Sterl . 66 Stowe for an An- The monie Attacht ker . . .2 10 of Mist" Taylur 11 " 16 80 6 ACT OF TOLERATION, 145 32. Extract from a Proclamation aimed at the Quakers, chap. January 2, 166^. ■ — A-^ ■' ^ 1658-1662. I vnderstanding that there are some amongst vs that doe hold strange opinions. I doe not purpose to anticipate his Maiestie and his great councell the Parliament But shall waite to see what shall bee by his Maiestie and Council! ordered therein. These are therefore to will and rec|_uire them to de- mene themselues honestlie and civilie and not to disturb our Ministers or people, nor to meete in any Tribe where our ministers doe preach on that day, nor to suEfer any concourse of people to be there to profane the Lord's day nor goe about their worldlie affaires, as I am informed some of them have latelie done. And I desire them to knowe that if they will not yeald obedience to his Maiesties Lawes, if by that meanes they do lose that libertie they haue enioyed, it will be their owne follies. Thus desiring them to conform themselues and to yeald obedience to all our lawfuU coiiiands, as they will answer their contempt at their utmost perills Griuen under my hand at Greorges this second dale of Januarie 166^ William Sayle. 33. Proclamation by the Governor, February 28, IGG-^-. (1) [The resolution of the Quarter Court of 11 July, 1660 {ante, p. 134) relating to licences for the sale of liquor, is pro- mulgated, and the proclamation proceeds] (2) In pursuance and strict obseruation of the aboue resited order I doe hereby will & require and in his Maiesties name charge and comand all manner of officers in these Islands (for the obseruation and strengthening the hon*'^ companies order aforesaid To discouer vnto myselfe and Councell such as pre- sumptuouslie act to the contrarie That such refractorie of- fenders may be proseeded against according to the Lawes of our nation and the Acts of our Assemblie. But for such persons in the seuerall Tribes as shall be approued of by myselfe & Councell to be worthie to vndertake to vend strong drinke in their Houses by retale They are hereby to take notice That after approbation had as aforesaid, and their names taken by the Secretarie before mee and the Councell. Such persons vpon securitie giuen in the Office for their keeping good order in their houses as afforesaid shall haue forthwith Licenses according to the practises of our nation and none others whatsoeuer. Griuen vnder my hand ffeb. 28th 166^ William Satle VOL. IL L 146 HAMILTON HARBOUR. ^Ifi^- 34. To M' Nicholas Thornton Councell' of Pagets tribe i^PT^ By the Governo'' 14 March 166f . 1630-1662. •' '■ Whereas it is Contrary to the Lawes of the Kingdome of England, and the Hono"'" Companys Orders, that anie goods shall bee put aboard any Ship riding at an anker in any Creeke or othsr obscure place. And I have bin informed that Tobaccoes have bin lately shipped aboard the Hopefull James, now at an anker in Crow Lane.' These are therefore in discharge of my duty, and for prevention of such preposterous & unwarrantable practices In his Maiest'^' Name to Charge & Coinand Capt Philip Lea Coffiand"' and all others w' soever That have any maiier of interest in the said shipp to forbeare shipping any Tobaccoes as aforesaid, but to be active in bringing downe the sayd shipp into one of our harbours soe soone as winde and wether shall possibly permit. Hereof fayle you not, as you or any of you Concerned in the premises will answer to the Con- trary at your severall perills. Given under my hand at S' Georges, the 14'" day of March An" Dom 1660. Signed William Satle. 36. To Mr. John Bristo, Provost Marshall. By the Governor. A Warrant, April 1, 1661. These are to will & require you upon the receipt hereof to repaire on board the Hopefull James, Lying in the Lane, And then & there to require M'' John Dorrell and the Master of the said James, and their Companie in his Maiesties Name, the first wind and weather, to bring downe the sayd James into one of our harbours, according to an order sent y the Hon*' Companie, beeing, That no Shipps take in any goods in any Creeke, but in one of the Harbors. Whereof fayle you not as you or they will answere the Contrary at your severall perrills. Given imder my hand at S' Georges the first of Aprill 1661. Signed William Sayle. 36. At a Council Table, April 9, 1661 (1) M' John Vaughan haveing bin at the last Assizes legal- lie proseeded against and formallie Convicted for fiellonie and the Sentence of Death thereuppon then pronounced against him, though afterwards Eepreeved by the Govern"". The which, uppon Suspicion of his haueing a hand in the drowning of Miss^* Ellen ' Crow Lane is the present Hamilton Harbour, then an ' obscure place.' STATE SERVICE FOR MAY 29. 147 Burrows by his sodaine sending away of his servant, which was chap. the last person that was present with her before her death.' It . ^^^- . is thereuppon unanimouslie ordered that the said M"^ John 1658-1662. Vaughan shall be imprisoned untill the Magazeene shipp bee gon. And the Companie in the Generall Lett' be moued. That the Land now in his possession at Deepe Bay may be taken into the Sheriffs hands for the continued accomodation of the Co- mand"^ of Pagets fforte according to their first intention and Institution. And further that what monie or plate hee hath in his Custodie, that was left with him by Edward Walkens a man of-war, deceased, may be seized for the publique uses at the return of the Magazeene Shipp, by the Companies Order And in the Interim the Sheriffs Deputie be empowred by war- rant to sequester the whole Eents & benefits of what lands hee or his Assignes are possessed off in the whole Islands, untill the Companies pleasure bee further signified in & about the Comission. (2) It haveing bin by Letf signified of late to the Govern' that there is an Act of Parliament for the anniversarie and solomne Thanksgiving kept uppon the 29'" day of May for the ffuture, ffor that his Maiestie was uppon that day of the afore- said Month Eestored to his Eoyall Eights in his kingdoms of England and his other Dominions thereunto belonging. It is thereuppon unamouslie ordered that uppon that day wee doe hould a Generall Thanksgiving and, as solomnlie observe the same thurrout these Islands, as our abilities shall reach unto By our General repaying uppon that day to the severall Churches to heere either our Ministers or our Eeeders &". M' Nathaniell White to be at Pagets Tribe Church & M' Burr at Hamilt : Tribes Church.^ .... ' The coroner's inquiry has been preserved : — The names of the Jurors Impannaled upon the Coroners Inquest (John Raw- lins ooron') the 27th of April 1669 upon the death of Ellen Burrowes as followeth Mr Chancey Sandes iforeman (and 14 more) Uppon attestaoons taken of seuerall persons touching the death of the said Mrs Ellen Biirrowes, the aforesaid Inquest haue made their returne in manner and forme following Wee whose names are aboue written being chosen to serve the Lord Protector of England to make enquiry after the sudden death of her to wit Mrs Ellen Bur- rowes, being latelie taken awaie Doe find the Imediate hand of God uppon her, and not anie meanes wrought for taking awaie her life either by herselfe or any other what ever ' This order throws mucb light on the status of the Established Church in Bermuda after the Restoration. The Rev. Nathaniel White had incurred in 1649, by his nonconformity, the penalty of banishment to Eleutheria, and was at that time the leader of the Independent party, as yet a party in the Church. He was recalled about 1657, resumed his cure without any change, so far as appears, in his opinions, and yielded to the Church order now re-established so far as to per- form even the State services. That the episcopal discipline (wanting episcopacy) prevailed, that the Established Church of England was also the Established L 2 U8 PROTEST AGAINST DECKLOADS. CHAP. XII. 1668-1662. (3) M'' Eichard Norwood haveing bin reinvested in the place & benefitts belonging to the ffree Schoole, according to the Companies late order tp the G-overn"" & CounceU here And thereupon Persiuall Golden having bin warned by M"' Norwood to provide for himselfe another habitation at or against the next Genall Division. It is thereuppon unamously thought fitt that the said Gouldens condition be taken into consideration, and another habitation provided for him before anie other person. In case the Governor and CounceU shall have an oppytunitie presented of furnishing him therewith. But however hee is to remoove himself and ffamilie there-hence at the Division aforesaid. 37. Sumer Islands. April the 23-^^ An" Dom: 1661. M' John Darrell of these Islands Merchant and Coffiander of the vessell Hopefull Janies, now riding at an Anker in the Towne Harbor hath appeared before mee in my OflSce in these Islands the 23'* day of this instant, and hath made his com- plainte to mee. That the aforesaid vessell is overcharged with severall chests and provisions uppon her deck, which will hazard the lives and estates of such as are to goe in her, and for proofe thereof hee hath produced before mee Capt John Stowe Coinand"^ of the Shipp Elizabeth and Anne, and Capt Thomas Sayle Co- inand"^ of the William ffrigott. Which Comanders have testified the truth of the y''misses before me. I therefore Henrie Tucker publique Notorie doe protest against the seas and goods afore- said Whereof let everie one take notice whom it may concerne. Henrie Tucker Secretie. 38. At a Council Table, May 2, 1661. Sarah the daughter of William Guise of Hamilton Tribe, foure years since married by the civil Magistrate in these Islands to John Eedman a Marin"", from the which Sarah, the said Eed- man haveing bin absent these three yeares. And not onlie, having declined the refreshing her and two children (Twinns) by him begotten upon her by sending any manner of accomodation for their subsistence : but likewise haveing denied that hee ever was married unto the said Sarah. And the said Sarah haveing thereuppon cast her affections upon John ShiUins Marin'. And the said parties intention of Mariage haveing bin published in Hamilton Tribe Church three times according to the practiss of the Church of England, and noe person or persons haveing ob- Church of the colony, and of all the then colonies, would appear to be beyond all reasonable denial, were it not that the contrary has been maintained by her oppo- nents in Bermuda and elsewhere. In 1684 the Bishop of London, apparently for the first time, endeavoured to communicate with the clergy directly. A SHIP SURVEYED. 149 jected against the said contract of Matrimonie, It is, together with the approbation of the Eeverend M"" Nathaniell White _£^^^£l. Minist"^, unamously consented unto, That the said parties John 1658-16G2. and Sarah aforesaid be by the said M'' White forthwith joyned together in Mariage.' 39. To Mr Jolin Bristo, Provost Marshall. By the Governor. A Warrant, June 21, 1661. (1) The terms of the warrant to the Marshal are nearly identical with those of the Commissioners of the same date. (2) Sumer Islands. A Warrant, June 21, 1661. Whereas the good shipp Ould S' Jacob of Amsterdam hath latelie arrived and Ankered in the Castle Harbor, and since her ankering hath bin by Merchant and severall of the Officers or Seamen thereof Excepted against, fifor not being sufficient or Capiable of proceeding upon hir intended voyage of sayling to Amsterdam according to intention, without great perill of losse of their lives and the Estate of such principall or principall merchants eminentlie interested therein. These are therefore to authorize Captaine John Stowe, Capt John Wentworth, Capt Edward Stanian, M'' Hugh Wentworth, John Welsh and the Timberman of the said shipp to goe aboard the said Shipp this Instant daie. And according to the free Consent of Capt Charles Eisibergh the Coraander thereof and M'' John Christian the Mer- chant thereof, to view and examine the sufBciencie of the said Shipp in relation to the proceeding of hir intended voyage. The which aforesaid persons in behalfe of themselves and all others whome it may conceme, have engaged before mee the 29*'^ day of this instant Moneth to stand unto and abide what doom you under yoiu: hands in your Judgments (in relation to the abilitie or non abilitie of the aforesaid Shipp for performance of her voyage as aforesaid) shall Doome and determine. And for your thus acting this shall bee your sufficient Warrant. Given under my hand and the Seale of Office Hxe 21" day of June at S' Greorges An° Dom: 1661. Signed William Sayle. 40. Council, June 27, 1661. (1) Uppon a Controversie depending betwixt M' Eichard Norwood M"' John Stowe and other the Inhabitants of Pembrookq ' Absence for three years -was the legal term -which released a wife from penal consequences of infidelity; if it did not ipso facto dissolve marriage. 150 RETAILING OF WINE. CHAP. Tribe about a bridg or path over a Pond lying in M'' Norwoods ^11- land It is thought fitt that these underwritten persons Attesta- 1658-1662. tions be taken for the better heering thereof. The Attestation of John Pitman Sen"" who bein sworne Saith that the Bridg over M' Norwoods Pond hath bin a path about these Thirtie yeares for Burrialls and Christnings And that none have bin denied to passe over the same by him while he lived uppon the same land And that he did live thereuppon about tenn years, and further saith not John P Pitman. To the same effect tvpo other depositions. (2) In relation to the premisses It is unanimously Ordered, That the said path shall bee free as formerlie it hath bin untill a Troyall for the same may be had at the next Grenerall Assizes. 41. A Proclamation, July 10, 1661. To the Inhabitants of the whole Islands. By the Governor. Whereas divers of our Inhabitants of o"^ Islands have bought divers Pipes of Wine to Eetaile the same, which practise is against the Law of o'^ grate Kinge and the Honor*"'" Companies Comaunds, which have Ordered that none shall bee permitted to sell Drinke in their houses, either by pinte, quart, pottoU or Gallun Except such as have a Licence soe to doe, from the Grovernr and Councell. Therefore these are to will & require everie person or psons through the whole Islands in his Maiest*' Name not to presume to sell any Drinke in their houses by the Pinte, quart, pottoU or Gallun, or suffer any tipling in their said houses. But if any shall contemne and not obey. These are to will and require and Comand everie Justice Constable & Hed- burrow That if any shall presume to sell Drink by Eetaile with- out a Licence ; Imediatlie to send them downe to prison accord- ing to his Maiest"^ Laws provided in that case. And for your BOO dooing this my Warrant (according to the Law provided) shall here you out : And for any Officer in the Islands that shall not be vigilant & faithfuU to Execute this Law, they are to fforfeit Twentie shillings for every default, the which, God willing, I shall exacte to the full. Given under my hand at S' Georges Julie the 10'" 1661. William Sayle. 42. At a Council Table, August 22, 1661. Uppon the Complainte of a Negro woman of M' William Caxon against her Mistris, for her late crueltie used against the A FORMAL REMISSION OF SENTENCE. 15.1 said Negro. It is unamlie Ordered. That if Miss''' Caxon shall chap. persevere in exersising crueltie towards the said Negroe whereby . ^^^' . shee may have a fresh cause of complainte. The Negroe shall be 1658-1662. placed with sum other Master. And her aforesaid Master shall receive wages for his said Negroes labor. 43. A Pardon, August 13, 1661. To all people to whome these y^sents shall come. The Gover- nor & Company of London for Plantation of the Sumer Islands Send greeting. Whereas John Eightnn of Smiths Tribe in the said Islands Cooper, was indicted in or about the yeare of our Lord 1660 at an Assizes held before Capt William Sayle Depiity Grovernor of the said Islands and his Councell there, for felo- niously taking away and stealing in the said Islands, of the proper goods and chattells of Capt Michaell Burrows of Sandis Tribe gent, for which the said John Kighton stands condemned and adiudged with Sentence of Death for the same. Know ye therfore, that by virtue and authority of his said Ma'^ King James of famous memory, his Lrs Patents to us in that behalfe bearing date the 29'" day of June in the 13*" yeare of his said late Ma"''* Kaigne. Wee the said Governor & Company att a Gene- rail Court by us holden the 29'" day of this instant Moneth of August Out of our pious affection, certain e knowledge, and meere motion. Have pardoned, remised & released, And by these presents for us and our successors doe pardon, remise & release unto the said John Eighton of Smiths Tribe Sumer Islands Cooper aforesaid, or by w'soever name, calling or addi- tion of name or callings, art, mystery, place or places the same John Eighton be knowne or called by, the felony aforesaid, and all & sing'"' trespasses and other malafactions, atteynts, judgments and condemnations by penalty of death, corporall punishments, imprisonments or other penalties or paines whatsoever upon or against the said John Eighton by reason of the premises or any pt thereof. And all other Suites & demands which belong unto us by reason and occation afores" which wee have, or hereafter might have against the said John Eighton. And wee give and Grant, by these presents, that he the said John Eighton stand right in Court if any against him shall speake of the p'mises, or any p' thereof Notwithstanding for not reciteing or misrecit- ing the said Indictment or any other proceeding or proceedings against him the said John Eighton concerning the said felony. And notwithstanding the misnameing or not rightly giving the stile or the addition to the name of the said John Eighton. Provided alwaies the said John Eighton good & sufficient Se- curitie doe find, according to the forme &" of a certaine Act of Parliament of King Edward the 3^"* in the tenth yeare of his 152 TRANSPORTATION TO BERMUDA. CHAP. Eaigne at Westminster held, for his good behaviour towards the . •^^^' , Kings Ma"" his heires & successors and to his Ma'"^ Liege people, 1658-1662. A Statute in Parliaent of King Eichard after the Conquest passed in the 13'" yeare of his said Eaigne, Or any other Sta- tute or Act of Parliaent in that behalfe notwithstanding. In witnesse whereof, Wee the said Grovemor & Company have caused o' Cotnon & Legall Scale to be affixed. Given att a Grenerall Court holden for us the said Grovemor & Company the thirteenth day of August in the 13 yeare of the raigne of o"^ Soveraigne Lord Charles the second, by the Grace of God, of England, Scotland, ffrance & Ireland King, Defender of the ffaith &". An" Dom : 1661. 44. We have in the Warrant following, dated Aug. 20, 1661, a rare example of the Bermudas being treated as a place of transportation in the ordinary course of law. C. E. Whereas upon a Certificate of Our Eight Trusty S"" Orlando Bridgman K"' and Barronett, Lord Cheife Justice of our Coiu-t of Comon pleas Wee were graciously pleased to give order for the Eeprive of David Croome and Thomas Wotton, who were lately convicted before him at the Assizes held for our Countey of Hertford with intention that they should be transported to our Island of the Barmoodas. Our will and pleasure is that you deliver the said David Croome and Thomas Wotton unto Jeremie Collins Merchant, to be accordinghe transported to the Barmoodas. He the said Jeremie Collins giveing Security rmto you that they or either of them shall not returne unto England within the space of tenyeares. And for soe doeing these shall be your sufficient Warrant and discharge. Given at our Court at Whitehall the 20'" day of August An" 1661. By his Maiesties Comand Ed: Nicholls Secretarie. Vera Copia. 45. Extract from a Letter of Company, dated London, August 30, 1661. (1) You Captain Sayle wrote about the want of 18 servants of whom as you say you could have made £46 for their wages. In consideration whereof and of your great costs care and en- deavours in the Compa. seruice as Deputy Gouerno'' we haue sent you £50 as a gratuity to be by M' Trott layd out in com- modities for you. (2) As to the Petitio" sent by the Inhabitants of the Islands we haue taken care to answer it as far as we were able in soe company's letter, 1661. 153 short a time Had it bin transmitted to vs by y'' magazeen ship chap. we might haue had tyme of Debate touching that which you , ,_: , desire about sending to the Islands two ships euerie yeare, but 1658-1662. y' Petition coming to hand so late, the time for the departure of o"' magazeen ship being so sudden that p''uented our considera- tion of a matter of soe great importance But we assure you we shall take it into Debate with what else is by the petitioners prayed, and we hope return you a satisfactory answer the next year. (3) Touching the want of ministers we haue deepely resented yo'' condition, and haue p''vayled with one M"" Thomas Abercrom- bie to go out who is represented by very good hands to be a person of very good abilityes and holy conversation euery way qualifyed for the worke of the ministry And we hope by the Blessing of Grod he will be painefuU in the [worke of] the ministry and instrumentall for the good of the soules of the people in the Islands We therefore recomend him to you for your countenance and Incouragement in the worke of the Lord and for his and his familys subs. stance we have ordered him the Parsonage house and Land late M"" Eobert Brownes, belonging to Smiths and Hamilton Tribes, and the rents and profitts of the two shares of Grleabe land there, and he to receaue for the time of the vacancy of the place since the decease of M' Browne except such part thereof as hath been layd out vpon repayres of that parsonage house since such vacancy. We have sent with M'' Abercrombie Critica sacra a Booke in nine voUumes to be added to the Lybrary, he to haue it in his possession and vse while he continues in the companies seruice till more ministers be sent so as that if any in the meane time desire, they may haue the pvsall thereof .... (4) This court vpon view and pvsall of the Companies Bookes as also of the order of the 11 October 1659 made for sending backe the negroes (being 6 in number) in recouery of whom there was expended ^12.3. lis. 3d and appointing & pportioning £20. 12s respectiuely to be payd for each negro. Wee doe thinke fitt and order that the sayd M' GrifEn paying vnto the sayd anthony Peniston the sume of £20 at the arrivall of the magazeen ship to be this yeare sent out which it is hoped by the blessing of Grod wilbe at the Islands before December next, shall haue the negroe soe petitioned for deliuered to him, the said £20 inclusiuely cleering and setling off the interest of y' £20. 12s expended by the said My Peniston, and the seruice of the negroe detained from the s* M*^ Griffen (5) We giue you to vnderstand that we haue entertayned the Somer Islands Merchant John Jenkyn Comander for this p'sent yeare And for the good and benefitt of y^ Plantacon she is to goe directly and come directly from the Islands home, and 154 WRECK OF THE ' VIRGINIA MERCHANT.' CHAP. XII. 1658-1662. not to stay aboue 41 dayes ' Wherefore wee desire that you wilbe very careful! to giue her despatch accordingly and we re- quire you to vse y'' vtmost endeau"' that the whole crop of To- bacco be laden vpon this ship. And not reserued for any other ship And that what Tobacco be sent be better viewed than the last was, the neglect thereof was great, for it had bin better the one halfe had bin burnt according to the Law then to send all soe bad and vnmerchantable as you did. We haue sent you by this ship 6 Barrells of Powder 60 Plate cartridges 2 Drums and 12 Drum heads, and a Box and cards (cords ?) (6 ) Vpon reading the petition of Mary Widdow of Tho° Atwood Masters mate to Capt Bierley bound for Virginia and drowned with 168 inore at the Bermudoes, there haueing bin 11 saued &c Shee praying some Gruift out of the wrecke, it being testi- fied in Court that the goods were as a wrecke seized by Capt" Tucker the Sheriffe and diuided one Halfe to the company & Halfe to y" Eecouerers and y' the Petif^ husband being a Sea- man his goods had no marke. Wee haue ord"* that all the goods that can be made appeare to be her husbands be granted & restored vnto her (as to the Companies part) which you the Grouern'' are to see pformed accordingly. Wee thanke you for your care in weighing the Ordinance. But for the wrecke the accompt you returne is inconsiderable though as we are in- formed the one wrecke was very great, whateu"" the others were. And we require y' vpon the like disasters you will from time to time vpon diligent enquiry vpon Oath take a full & exact ac- compt as of those for the time past soe of all other that shall happen and giue such acc°: vnder y"^ hand To the end the proceeds thereof may be layd out and disbursed in the Islands, as wee shall see cause, for we would haue no money belonging to the Compa. layd out there by any pson w*out order from the Court here first Obtayned^ (7) . . . . wee have receiued seuerall complaints touching the Indians for soe manie yeares in bondage that were long since brought in by Capt" Preston,^ and that it be not to the p'iudice of any p.ticular pson wee recommend it to the care of the Grenerall Assembly to consider of a way and manner for the enfranchiseing of these people And that it be the ministers care ' She. arrived October 21, 1661, and sailed on February' 23, 1662, a stay of 124 days (see the 'Shipping Register i. p. 730), one of many proofs of the little attention paid to the Company's instructions. 2 See vol. i. pp. 720-729. ' A great number of unfortunate Indian women were brought down from the West Indies by Capt Barthol. Preston and others, about January 1646. There are entries of sale of nineteen of them by him or some of his crew at prices varying from i,^ to :610 each. "Dyvers Indians and negros' were sold the previous year by the ' victorious General,' Captain William Jackson. PLANTING OF OLIVE TREES. 155 to catachize and instruct those people and all other the negroes, chap. and endeavour to bring them to the knowledge of the true God • . and the way to Saluation by Je : Christ. And that the negroe 1658-1662. Boyes belonging to the company be put out as Apprentices to Carpenters, Smiths, Coopers, and other handycraft trades in y* Islands from 8 vntill they be 1 6 yeares of age And to returne to o'' seruice againe at the expiration of the sayd 1 6 yeares (8) Also that the halfe sow of siluer menconed in y'' Lre to haue bin left by a stranger in the hands of Jn° Vaughan be restored to the sayd Jn° Vaughan in case it hath bin seized on (9) . . . . Wee desire you would send an accompt of all men now in the Islands from 1 2 yeares old to 60 The number of the traynd bands also a true accompt of all Arm.es and Amu- nicon sent over for 7 yeares last past and so yearely of what shalbe sent on for the future (10) You are carefully to see that such shipps that touch vpon the Somer Islands do pay p.portionably for P"^, match, shott &c accordinge to form"^ order of 9 ffebuarie 1647 in y' case pro- uided, a copy whereof we have herew* sent you (11) ... . Its the desire of y« Eight Hon'"" the Earle of Manchester o' Grouem'^ y* M' Groulding be vsher to M'' Nor- wood (12) ... . We have taken notice of a Ltre sent to o' de- puty by M' Norwood concerning his opinion of the benefit which may accrue to the Islands by planting Oliue trees there for the making of Oyle and do now signify it to be o' desire that he goe on with the designs in making Oyle and that he make it generally in the Islands, and y" compnie will be mindfull of him to reward him for any paynes he shall take therein .... [Then follows the List of Officers for the ensuing year, 1662; Capt. William Sayle, Governor and Capt. General of the Islands, and captain of the King's Castle, and captain of the company of the Trained Band at St. George's.] (13) Wee doe expressely require you Capt Sayle imediately vpon the arrivall of o"" magazine ship to issue forth SuiSons for the conuening and calling together a Generall Assembly accord- ing to the law in that case prouided, to meete vpon the 8th day after the shipps arriuall (if it be not the Lord's day) but if it shall happen to be the Lords day, then to meet the next day following. And they to continue their session without dissolu- tion for the space of 30 dayes and noe longer, to commence from the first day of their meeting & conuention To the end they may consider of the necessities of the Country according to the Law in that behalfe And wee doe p.ticularly recomend it to 156 DISREGARD OF THE COMPANY'S ORDERS. CHAP, them That an enquiry be made by the Sayd Assembly of the ^}' . profitts of the Grleab and of the schoole land throughout the 1658-1662. Islands for these 7 yeares past, how the same haue bin receued and by whom & to whom disposed and w' dues & rents are yet behind and vnpaid for the same. Soe that wee may from them receiue an exact ace' thereof Those places of late haueing been for the most part voyd And the company haueing receiued noe ace' of the profitts (14) . . "Wee did by o"" Lres beareing date the 16th De- cember 1659 require you the Deputy Grov"" to be assistant to M"^ Eich* Norwood in transmitting and sending vnto vs a moddell or platforme of the whole Island of Bermuda, and all the lands therevnto belonging as the same are now diuided into distinct Tribes, and subdiuided into p.ticular Shares, as by a Copy of the order herewith sent you may appeare which also hath not yet bin returned, although 2 yeares since Wee haueing taken the same • into our further consideracon doe thinke fitt & order and you the Deputy Grouernor are hereby required to take speciall care yf the work be not yet perfected that it be speedily hastened, and that there be inserted the Scituation of all the severall fforts with the lands therevnto belonging, and as soone as it is finished that you transmitt it to vs by the first Con- ueniency, and that you pforme it with all the exactnes as a busines of that nature requireth. And wee cannot but take notice what little respect is giuen to o"" publicke Ltres, and although many things haue bin from time to time comanded and required, a Lyberty is assumed by you to omitt & neglect o"" comands at pleasure Wee would haue you omitt no opp.tunity to send vs aduice by any ship that shall touch at the Islands (15) Wee being giuen to vnderstand from the relacon of Captain Tucker that came lately from the Islands that the ffences there are very much destroyed and neglected, doe order that you the Deputy Gouerno' giue order and take care for the future that all fences may be well made and kept And that all psons doe plant therein Olive trees 12 foote distant each from other .... Your very louing friends (Signed) Manchester Grouem"^ .Tn Heydon Dept^. London 30 Day of August 1661. and 10 more ' That the governing body, after fifty years ' experience, should have been un- conscious of the impracticability of planting trees along all fences, owing to the rockiness of much of the surface, is very surprising. EXAMPLE OF FUNERAL EXPENSES. 157 46. Funeral expenses in Bermudas, 1661. Barbadoes, the first dale of October 1661. CHAP. XII. 1658-1662. M"- John Dorell Eespective friend. S"^ prsenting this fitt occation, could not lett it pass w"'out tendringe you my heartie respects, and with- all to request a favour of you in behalfe of the bearer my nephew Thomas Love, who hath bin verie ill here this 4 or 5 Moneths, who haveing a desire to passe over to your Island in hopes that the Chang of ajre may restore Mm his health, and being a stranger in those y", I made bould to give him these fewe lines unto you, humbly praying you will be pleased to afford him your best assistance in getting him lodged into som honest ffamely where hee may bee well accomodated with diett and all things else, in Case itt might bee in your owne house, itt would be much for his Comfort, when not, to recoiiiend him unto som other of your speciall friends, and what the Charge thereof shall bee, hee hath a Negroe with him that hee intends to sell, to defray all things, which if corns short, I shall furnish it him pr next occation according to his advice, ffor I would not that he should want for any thing &". Your very respective friend and Servant, John Page. To M"" John Dorell Merchant att Bermodoes. Per my Nephew M' Thomas Love whome Grod blesse. (2) A Note of the pticular goods of M"" Thomas Love deceased taken the S"' day of November, 1661. Impr'" ] y of old Wosted Stockins, 1 Old Plush Jacket, 1 Old black Cloth Cloke, 2 y of New ffrench ffalls, 3 y of old Stockins, 1 old stuff suite with Silver buttons, 1 Black Caster, 1 Thurndell pott 1 Jugg. To Cash 16'» 17= Sterl. This is a true Account of the above written prticul" taken the 8* day of November 1661 by ffrancis Welsh servant to M"' lmpr'» 2 Haimaccoes, 1 Canvas bed filled with ffethers, 2 Old Cloth Cotes, 1 Old quilted Wascote, 1 Black Suite of Apparell, 2 pr of Drawers. 1 old wascote, 1 vermilUon Wascote. 9 Bands, 1 Hollan Shurt, 1 Black Neck Cloth, 158 FUNERAL EXPENSES. CHAP. John Dorrell and by myselfe, As likewise a true Accompt of the . . , • - disbursments naade out of the estate of M' Thomas Love de- 1658-1662. ceased, the dale and yeare above written. Henry Tucker Secretie. (3) Disbursements made the 8th of November 1661. To John Welsh as followeth. ImperiB To a Coffin ...... To a Windeing sheete .... To sugar and drinke in the time of sicknes To Bisket, Otmele & eggs To 1 dozen of pipes and halfe a pinte of sack Truble of the house 6 daies before his death with watching, washing of clothes, and the trubble of the house at his funerall ..... To victualls 3 daies while he was capiable of eating . To 6 lbs of Batter for the Cakes at his ffunerall z 1 9 12 2 To one Haimacco sould by M' Love to John Welsh . Best due to baUance Discharged the Dale and year above written. To M"^ Lanslet Ellwick as followeth. To 15 gallims of wine at and before his ffunerall ' at 5 per gallun .... To 14'= of white Suger at 8* per lb . To a Quart of Brandie . To a potle of Wine delivered aboard To 4 Cans of Suger 12 3 19 d 4" W 0* To M^ Eobert Powell as followeth To Phisick and attendance in his time of sicknes as pr Bill appeareth To a Potle of Sack .... ' The custom of drinking a particular preparation of spiced -wine at funerals held its ground in Bermuda to a very recent date. It was attended by many excesses, and a stand against it began to be made about 1835. It is now extinct, but a peculiar barrel-shaped vessel used for the purpose may be sometimes seen among ' old time ' possessions of families. . 3 15 . 9 4 . 1 6 . 2 6 . 5 4 41B 138 8* lloweth. f sicknes as . . 1 16 • . 4 2is o» 0* PLOT OF IRISH AND NEGROES. 159 Discharged the dale and yeare above written, ^xn^' To M'^ Groodwin Chirurgian for Phisick in the voyage 110 less-ieeiT To the Grave digger . . . . . .050 To M"' Henry Tucker for Drawing, Eecording and Copying the premises . . . . .0110 2 6 47. At a Council Table, October 17, 1661. (1) Unanimously ordered that the daie of Generall Division of Tobacco shall be uppon the 11 ' daie of November next en- suing And the daie of Assizes upon the 2'^ Decemb"^ following. (3) Unanimously ordered that the Councellors or Constables of the respective Tribes shall warne all such persons as have not yet paid their Castle come, to carie downe the same by the 24"* day of this instant month, and upon his or their refusal!, to be sent downe to Towne, there to lie in prison untill they shall conforme, by a Warrant of contempt. (3) Unamously ordered that the netts comonlie called ffooles and all other unlawful netts shall be forfeited, according to the act of Assemblie. (4) Unamously ordered that the Govern'' shall request M'^ Nathaniell White to preach at the next General Assizes. (5) Upon the humble request of M"" William Eaighton made unto the Govern"' & Councell that hee may be allowed to put Eabits upon the Island in the little Sound comonlie called High Island. His said request is unamouslie granted him with this proviso that hee doe not make anie waste of Timber thereuppon standing or fallen, nor suffer anie other. M' Eichard Stafford is likewise allowed the like privilidg upon the Islands in Bailies Baie the which Island lieth neerest unto his lands end. 48. To the Inhabitants of the severall Tribes and the publicke Lands. By the Governor. A Proclamation 18 October 1661. Whereas myself and Councell have bin informed, that there hath bin a dangerous plott or combination by the Irish and Negroes, That if the said Irish cannot have their ffreedom their intentions ate, as hath bin made to appear by severall Attes- tations of some of their owns nation, to cutt the throats of our Englishmen : ffor the preventing which soe great and eminent a danger myselfe and Councell haveing debated the businesse. 160 IRISH AND NEGROES DISARMED. CHAP. XII. 1668-1662. and as before finding it of dangerous consequence for our In- habitants, and our great chardge and care of and for our said Inhabitants, not being willing to have them destroyed by these bloody people who did use most horrible cruelties to our Eng- lish Protestants in Ireland, which like hath not bin heard of in any nation. Wee say : for prevention of such miseries which may ensue, if not tymelie prevented, also in discharge of our dutie according to the Comaund of Grod & man, have ordered that there bee a strict watch kept throughout the Islands in everie severall Tribe, for everie Tribe two men everie night untill the Grenerall Assizes be ended, when wee shall proceed as Grod shall please to direct us : in the mene tyme wee doe in his Maiestys name require and command all our said Inhabitants, that they will conform themselves to these our lawful Com- mands, and rediHe obey their severall Councellors and Co- maunders as they and everie of them will answer the contrarie at their perill's. And wee have further ordered that the officers doe appoynt places in everie severall Tribe for our Inhabitants to repair unto for their better securitie : wee doe require the said Inhabitants to demene themselves accordingly. Wee doe also comaund all militarie officers forthwith to disarme all such Irishmen as have bin listed in the Trained Bands, or have anie armes of their owne. As likewise to find out what armes anie Negroes have in their Custodie, and to disarm them as afore- sayd. All officers into said Islands are required whereever they see any number of either Irish or Negroes, if but to the number of two or three, met together at any tyme, to have them whipped from Constable to Constable whilst they run home to their Masters houses, and for their default a second time, to be sent downe to towne as Contemners of authoritie. Given under my hand the 18'" day of October An" : Dom : 1661 William Satle. 49. At a Council Table, October 30, 1661. Uppon a Complaint made by the Counsellors against Con- stables confidentlie warning of people, living with Counsellors, to serve uppon inferior imployments. It is unamouslie ordered that Councellors Servants or others living with them shall not be liable for the future to be warned, as others, to serve as aforesaid by any inferior officer either Militarie or Civill. 50. Presentments at the Assizes, October 30, 1661. (1) Thomas Johnson andTomasin Morris presented for sus- pition of Incontinency. GENERAL LEVY, 1C61. 161 Ordered by Vote of the Coui-t, That both partyes bring each chap. of them two compurgators to sweare for their chastity ; otherwise ^^^- voted to be whipped, fifarther voted that those who have (contrary 1658-1662. to orders for restraint) kept them together, shall pay to the pub- lique 100" of Tobacco. (2) M'' Henrie Smith, his wife and daughter presented for breach of the Saboath Voted that both they and all other entituled Quakers, may have their libertyes for their meeting, provided they walk in conformity to the Civill Grovernment (3) A negroe woman of Miss"^" Penistons in Smiths Tribe pre- sented for adulterie Voted to have 39 stripes (4) Ordered that John Browne of Tuckers Towne doe stand in the pilorie three houres, for that he alleaged before the Governor, that he could, by three witnesses prove Lieft John Hubbard a periured person, and could not produce one to make good his desperat charge aforesaid (5) Margeret an Irish woman of Devonshire Tribe presented for adultery. Voted to be stigmatized, and the Indian man guiltie with her to have 39 stripes. And if hereafter taken in Company with her, by the generall Officers, to be whipt from one tribe to another untill brought home. (6) A Negroe woman of Eichard Apowens presented for ffornication. Voted to be punished with 39 stripes. (7) Susan the wife of John Baylie, of Devonshire Tribe pre- sented for a common lyar. Voted that the sayd Susan be called before the Vesterie of that Tribe and Admonisht for her fifault, and be informed, if taken agayne the second time on default, to undergoe double punishment. (8) Thomas Griffin Jutf of Smiths Tribe, And the wife of Percivall Goulding of Devonshire Tribe presented for suspition of Adulterie. Voted that they bring in their Compurgators by Munday next. 51. The Gen^'all Levie made up at a Counsell Table held at S' Georges the 30*^ day of Octob'^ An" Dom : 1661. The amount is 4,558 lbs. of tobacco, from which deducting fines and rents, 1,082 lbs. leaves 3,476 lbs. to be raised by an assessment at 10 lbs. per share. The items are much the same as in 1660. They include 50 lbs. to the Marshal for dieting the negro executed the last assizes. VOL. II. M 162 TREASONABLE LANGUAGE. ™AP- 52. At a Counsell Table 14 November 1661. 1658-1662. Unaniouslie ordered. That M' Nathaniell White Minister according to his owne free profer, doe preach at Pembrooke Tribe everie third Saboath daie, with this proviso. That the Inhabi- tants of the said Tribe doe addresse themselves unto him, accord- ingly. Otherwise the said M'' White is to be left unto himselfe to preach at his owne Tribes Churches, or at anie other Tribe that is not supplied with a Minister of their owne. M'' Jonathan Burr is likewise ordered to preach at Devon- shire Tribe Church, if the Inhabitants thereof shall applie them- selves unto him accordingKe ; Otherwise hee is to preach at Pagets and Warwick Tribes Churches as formerlie he hath done. 53. At an Assizes holden 3-4-5 & 6th dayes of December 1661. (1) Captain Richard Jenyns appearing in court and alleging to the Grouernor that in discharge of his alegiance and loyaltie towards his Maiestie he dearst not but exhibit an accusation against M"" William Raighton for dangerous words by the said Eaighton vented aboard the good ship ' Loyaltie ' in a voyage for England about foure yeares since, and did for proofe thereof produce Thomas Griffin Sen' and M' John Vaughan to make good vppon their Oathes his aforesaid Accusation The oath of M"^ Thomas Griffin Senior Who sayth that going home in Capt. Limbreys ship and lying in the cabin appointed for mee and Capt Lea, Raighton and Martin a Chirugeon, their discourse was in effect that the kings children that was beheaded were Bastards, and the effect of their speeche was one with the other that the Queene was un- faithful, further more this deponent saith, he did reprooue them and said they were a couple of contemptible rogues,' and vnthal told them it was pitty the Protector did not hang them Raigh- ton replyed againe, this is a Caualiere let vs goe plunder him, and further this deponent sayth not. Two attestations follow. Where vpon the said M' William Eeighton flying vnto his Maiesties gratious Act of Indempnitie for his Asylum, and craueing the benefit and extent thereof The court therefore hauing carefuUie examined the said Act, And it being manifest thereby that the said Raighton is cleered, the court hath therevpon unanimouslie voted him to have the full product of his Maiestys Act aforesaid. And the rather because Thomas Griffin aforesayd did not at the last yeares assizes orderlie ' ' The precise language is not producible : — Se cuiquam stuprandam subjecit . . . nebulones stercorati.' RESPONSIBILITY OF MIDWIVES. 163 complaine according to o"" Hono'"^ Grouernors charge then (ac- chap. cording to the dutie of his place) faithfullie to that purpose . ^^^- _ deliuered As likewise because the said Eaighton hath redelie 1658-1662. taken the oath of AUegeance and Supremacie and hath faithfullie officiated the constables place in Hamilton Tribe, this present yeare. 54. At a Counsell Table 26 December 1661. Unamously ordered that such good women of these Islands as doe professe themselves to be Midwives, shall for the future be sworne by a formall Oath, to discharge that good office faith- fullie. Chiefiie for the discoverie of the reall ffathers of such children as have bin begotten in Bastardisme The oath of a midwife in the Suiiier Islands. (1) You shall sweare to use your best skill and diligence in Delivering such women of their children as shall crave your assist- ance at the time of the Birth of their Childe or Children. You shall sweare according to the Dutie of your place to use yom- utmost endeavoiu in forseing such person or psons as axe sus- pected to bee begotten with Childe by any unlawfull ffather, before your deliverie thereof, at the birth of Children soe begotten, to declare the name of the reall father thereof. You shall Sweare to performe the Dutie of a Midwife in all things belonging to the said place faithfullie according to your best skill & ability. Soe help you Grod. If anie shall presume for the future to deliver anie woman in these Islands, that have not taken the aforesaid oath They are to undergoe such Censure as the Grovernour and Councell shall think fit to inflict uppon them. (2) The wife of Persivall Goulding, and Thomas Grriffin Jun' presented at the last Assizes for suspition of incontinensie, are at this Counsell Table unainouslie censured to be by M"' ffrancis Watlington, Counsell"' of Devonshire Tribe, warned not to meet together for the time to come. (3) Whereas M" Ann Harte hath bin had in examination, and required to declare upon oath, what person hath bin and is the real father of the childe shee hath bin lately delivered off. And the said Anne hath sum few dales since profered before the Governor, to take her oath That Ensigne Christo' Burrowes was the ffather thereof. But hath uppon oath this present meeting affirmed that Hugh Wentworth (hee being personalUe present) is the true ffather thereof, although hee did produce a note under her hand to the Contrarie. Therefore in regard shee hath nomi- nated more than one person to bee the ffather of her childe, the u 2 164 LAND OP REGICIDES FORFEITED. CHAP. XII. 1668-1662. said Anne is allowed to take her course in law for recoverie of maintenance for the same. And whereas it was unamouslie ordered at the last Assizes that her Censure (after her confession who was the ffather of the aforesaid childe) should be referred to the Govern"' himselfe. The Grovern'' hath thereupon Censured her to departe these Islands and goe with M' Stowe for Barba- does, according to her preintention, by her causing her name to be sett upp in the Secretaries OfiSce for the Porte aforesayd. And not to return againe for these Islands. 55. Forfeiture of Lands of Eegicides. To the Governor of Bermudas 17 Feb. 1661,. CHARLES E Eight Trusty and E' welbeloved Cousin and Councilor Wee greet you well. Wee graciously inclining, vpon humble suit made vnto vs, to grant vnto our Trusty and welbeloved Henry Killigrew and Eobert Dongan Esquires such part of the Estates of Owen Eowe Cornelius Holland, and Sir John Danvers as vpon the conviction and attainder of the horrid murther of our Dear Father of ever glorious memory, are become forfeit and confiscat vnto vs, and lye in those our Islands of the Bermudas and their members vnder yo"^ Gevemment. Our Will and Pleasure is that imme- diately vpon receipt thereof, you cause the council here to bee convened, and signify our pleasure to them That forthwith, vpon perusal and examination of their Books of Eecord Entrys and Eegister, or what other information they can procure they certify to vs a full and exact account and survey of all and every the Lands, Houses, Plantations and rights whereof the said Owen Eowe, Cornelius Holland, and Sir John Danvers or any of them were possessed and seized or which of right did belong vnto them or any of them in the year 1648 or at anytime since .... By his Maj"'" Command Edward Nicholas Sir John Heydon furnished the required return, April 9, 1663, specifying five shares belonging, in 1648, to Colonel Owen Eowe, four shares to Cornelius Holland, and six shares to Sir John Danvers. The lands were forfeited and granted by the Crown to Henry Killigrew and Eobert Dongan, by whom they were sold to Sir George Waterman ; the deeds being lost or burnt in the Fire of London, and the lands meanwhile regranted to FREE NEGROES APPRENTICED. 165 Colonel T. Howard, Killigrew united with Waterman's chap. heir in 1683 in a petition to the Crown for redress. (Colonial Papers, vol. xxxiii.) 1668-1662. 56. Apprenticeship of Free Negro Children The 19"^ day of Aprill 1662. It was agreed upon betweene Sibbila Righton the wife & law- ful Attorney of Will" Eigbton of Hamilton Tribe in the Sumer Islands, now by Gods grace bound for England in the good ship called the Sumer Islands Merchant. To and with Hanah Bes- taina a free Negroe woman, in the behalfe of the said William Eighton, who doth hereby unto the said William & Sibilla his wife, their heires Execuf^ Adminisf' & Assignes ffreely resigne and make over by the Eight of a Mother and as farre forth as Law & equity in such cases will allow of, two children begotten of her body, the eldest named Patience, for the full Tearme of Twenty One yeares from the day of the date hereof, the other named Mary for the full Tearme of Thirty years (likewise) from the date hereof. Which two sayd Children, The said Sibilla Eighton in the behalfe of her husband, herselfe, and as aforesaid, Doth hereby Condesend, Consent and agree to take as Apprentizes. And dureing all the sayd Terme, will carefully Educate or cause to be educated and brought up, and will fynd unto them and either of them sufficient Meat, drink and apparell, and other necessaries befitting their Condition. And doth further Covenant, To and with the said Hannah Bestaina, to provide for her in her present weak Condition, And when shee shall bee recovered, will give her liberty to worke abroad for her best advantage, for this present yeare. And the said Hannah doth Covenant att the conclusion thereof, will (if shee shall till then survive) retorne unto the sayd Will" Eighton or Sibilla his wife, and will from thence forth during the Terme of life. Dwell, remaine, Sc faithfully serve them in such imployments as is usuall here to be done, and shee is, or shall bee able to pforme upon Condition To bee by them provided for- at all tymes, in sicknes & health with meate, drink, lodging, apparell, in such deacent maner as shall beefitt her Condition. Unto all which the said Sibilla in the behalfe of her husband and herselfe, and as aforesaid, doth hereby promise & engage to performe truly, or cause to bee done & performed And unto all & every pticular both here within specified Both parties beeing Agreed, They have hereunto enterchanged putt to their hands & seales the yeare & day first above written. Signed Sibilla Eighton Bestaina. 166 CABELESS MAKING OF TOBACCO. CHAP. Memorand". It was agreed upon before the ensealing hereof, . ^^^' . that Will : Eighton, his wife, their heires, Exec :, Adm" or As- 1658-1662. signes shall at the expiration of the tearme within specified, Grive unto their Apprentices Patience and Mary, dubble apparell, according to the Custome of the Country. 57. Deed of Sale of a Negro, July 8, 1662. Capt. Eobert Gary, Commander of the ' Franceena,' of Barbadoes, sells one negro man called Jack, aged 24, for 261,, to Henry Tucker, for a term of 99 years, and gives a bond of 4:01. to make good his right against all claimants. 58. Extract from a Letter dated London,, May 15, 1662. Capt Sayle, Your Letters sent by John Jenkins, who by the blessing of God arrived with the Magazine ship at the Isle of Wight 23"^ March last, and since safe at London, we have received, and find the quantity of Tobacco returned more great than good: and though we have often intimated unto you and the Islanders that they should have an especial care in making the same good, yet we still find it to the contrary. Therefore to prevent the like for the future, we have sent over unto you a Law by us made, and have caused it to be printed;' and our express command unto you is. That immediately upon receipt thereof, you take care that it be published with all solemnity usual, throughout the Islands, and the Copies equally dispersed in all the Tribes. And for the more efiectual observance of the Law, that you and the Council do send forth orders requiring all makers of Tobacco to have an especial care that they do cull their tobacco so that no indifferent leaves be made up with the good, and that it be handled neatly, and they that do not soe, we are confident wiU find but few Customers to buy, if any at all. And though in time past such tobacco hath had customers to the gTeat loss of the buyer, yet since woful experience hath taught the merchant that there will be no vent for such, no not in any of his Ma- jesty's Dominions nor any where else ; Now if they will not take warning but will persist to make it as they have done in point of indifiference, and so come to lose their good Tobacco, being mingled with their bad, and all spoiled when so put together, the fault is their own, and they cannot but say they have had warning, as heretofore so especially by this ship Prosperous, Thomas Leach ' This is the first mention of the promulgation of laws in print. There -was no printing press in Bermuda for more than a century after. FAILURE OF OLIVE-PLANTING. 167 Master, who is set out for this end chiefly, to give you and the chap. Islanders timely advice to prevent if possible the loss that may ^3Ji_ otherwise accrue both to merchant and planter. 1658-1662. Signed by J. Hetden and others. 59. To the Inhabitants in Gen''all in these Islands By the Governor. A Proclamation 16 May 1662. (1) Whereas I have received from the Honob'* Company a strict GoiTiand these seuerall last yeares, to destroy all the waste and bad Tobacco that hath bin made in these Islands. And in favour to the Inhabitants have not destroyed it ; their Hon" seemes by their last Grenrall Letf to be much offended with us in that wee have not destroyed the said Tobacco, and they have resolved to have all such Tobacco, as is not good, to be sold, to be destroyed. And to prevent the damage that may thereby befall the Inhabitants (if not timely prevented) Myselfe and Councell have thought it expedient, to give vnto you notice thereof, that you may prevent that loss and damage that may cum to you, if not timely prevented. Therefore wee doe require every one to take notice hereof, and to conforme themselves accordingly, and not by there coveteousnes destroy youre yeares workes ; Wee tending youre welfare wee would (if posibly we can) prevent those damages that may be priudiciall to you, ffor wee doe well knowe, that if you do suffer, wee must suffer with you, if not in the loss of our goods. Wee purpose to take noe Tobacco but what is good, yet it will bee a greife unto us to see you to be loosers, ffor it is our desire to the Lord to continue prosperity unto you. (2) Sum of our Inhabi'^ have sturred up the Company in persuading That the Olive Treese will proove a great benefitt, by making Oyle of the Olive. The Hon"^ Company have therefore given strict Coinands to us, to Corf.and and Order the Inhabi- tants to plant plenty of Olive Treese upon every share in these Islands. But wee haveing had experience thereof these 40 yeares, twenty yeares whereof they have boorne Olives, but have not produced any profitt. Wee together with the Assembly have returned our answer to the Ho"'" Company accordingly. But yet according to the proiectors desire, wee have agreed that there shall bee Two Olive Treese planted uppon each share. Therefore wee doe require aU the Inhab'" to Conforme themselves accordingly, and with all expedition plant Two Olive Treese uppon each share thor'out the whole Islands. (3) And whereas the Hon"'" Company have bin informed, that most of these trees have bin cut downe and destroyed ; It hath pleased their Hon" to Comand us, that every Inhab' 168 WAGES OF IRISH APPEENTICBS. CHAP. XII. 1668-1662. thorout the whole Islands should plant Cedars in ffences where there is none, soe by that menes the great windes may not destroy our fruites and cropps as formerly they have done. Wee hope you will bee soe diligent, (considering it to bee for the benefitt of yourselves and posterity) that wee need not use any more arguments to perswade you to the performance thereof. (4) Wee likewise require all our Inhabitants thorout these Islands to be carefuU of their boates, and not leave their Sailes, Eudders, & Owers, this Sumer time, in them, Considering the greate wrong and damage many of our Inhabitants have suffered by mens carelessness therein. Therefore these are strictly to require and Comand all Owners & Masf* of Boates to take away their rudders, sailes & owers every nighte, so by that meanes their Shallups & Boates may be secured, and mens servants may bee prevented from runing away from their severall Masters. But if this my timely warning may not prswade you to secure your boates, but you will leave them fitted to entise mens ser- vants to run away, the Law will compell you to make good the damages your neighbors shall sustayne by your carelesnes herein. Thus desireing & requiring all and every person or psons in the land to yeald obedience to these o' lawful! Comands, as they will answer the contrary at their uttermost perills. Given under my hand the 16'" day of May 1662. Signed William Satle. 60. Extracts from Minute of Council, March 6, 166^. (1) . . . Josephus the Chirurgian ha veing bin Censured at a former Conn sell Table to pay £10 sterl. at the next Generall Division, the said ffine, uppon the said Josephus, his humble suite, is unaiiiously reduced to £3 sterl, to be paid as aforesayd. The which Josephus ha veing acknowledged that he hath alreadie received £3 sterl of Daniell Moraie for cm-ing of the said Morale of late wounds, the said Josephus is referred to the next Assizes to recover by course of Lawe a more recompensful satisfaction for his time, cure, and paines spent about Moraie aforesayd. ( 2) Uppon the humble suite of an Irishwoman, apprentice to Thomas Moore of Warwick Tribe, to bee forthwith freed from her aforesaid masters service, the said Moore hath freely con- sented thereunto uppon condition that the Grovernor will find the said Moore an English boy untiU J uly next come 1 2 months, after the rate of 30^ per yeare, proportionably to be paid, for the sayd boyes service, to the Grovem'' by the aforesayd Irish- womans brother, by name Teage. (3) ffor the effectual prevention of quarrelings & debates INDEMNITY TO J. VAUGIIAN. 169 betwixt Nicholas Spenser and Susan his wife, the said Susan chap. hath bin at this Counsell Table admonished, not to keep the . ^^^- . Company of Eichard Jefferies of Sandis Tribe, for the future. 1658-1662. 61. At a Preparitive Court for the SoiSers Islands Company, held at Watling Street London on ffriday 13*'> June 1662. The humble petition of M"' John Vaughan, in severall par- ticulars relating the manner of the late proceedings had against him in the Sorrier Islands upon the Indictm' and otherwise, and praying a consideration thereof by the Honob'* Company, being read. And the Court taking notice and calling to mind That one maine end of the late Act of pardon granted to the petitioner, was to put an end to all future troubles & differences that might arise between the petitioner & any of the persons that now are or of late were interested in the Government of the said Islands, or manadged the Tryall against the petitioner there, whome yet the petitioner in the setting forth his case, seemeth to charge in severall respects. And upon the Declaration of the petif, that hee doth not charge any person further then as to the proceedings upon the Indict', and that he desired no other restitution of his estate (according to the Companies Order) then what he can proove to be his owne. After full debate & consideration had of the whole matter. It is thought fitt and Ordered. That what estate soever either reall or personal!, that the petitioner prove to be his owne, that upon the Indictment was seized, or taken away from him, or any other estate of his destroyed, or otherwise adiudged from him, upon any pretended tryall wherein he hath bin denyed his Appeale, That the same shall be restored unto him by the Grovernour and Councell in the said Islands. And for that pur- pose that a Comission issue forth to certaine persons therein to be named to make enquirey in that behalfe. To the end the Petif may be possessed of his just Eighte, and enjoy his estate accordingly.' Thomas Maeten Secretary to the said Company &*= 62. At a Councell Table 10 July 1662. (1) The Govern or haveiiig taken into consideration the long absence of the William ffrigott under the Comand of M'' Nathaniell Sayle in her expedition to Elutheria from hence in November last past, and the earnest desire of the Inhabitants in Genrall of heering what may be the cause of her long absence ' These were criminal proceedings. See ante, pp. 140-H6. 170 DISCOURAGEMENT OF. SHIP-BUILDJNG. CHAP, (if the said vessell and psons in her be not in a lost condition). ~ ,_: . And he having thereuppon ppounded to fitt upp his ShaUup to 1658-1662. ggjj(j jjgp^ under the Comand of Nathan Neuman, to Elutheria and the adiacent Islands to look out for the aforesaid vessell and people thereunto belonging. It is unamously concluded, that hee doe fitt upp and send the said ShaUup with all expedition uppon discoverie according to the prmises, for a full satisfaction by her speedy returne. (2) Capt Edward Stainan haveing mooved to be allowed to erect a Vessell of about 25 Tunns to Sayle betwixt this Island and such other parts as he shall think fitt, for the pubKque good of these Islands (as hee alleageth). His said motion, together with the knowne generall decay of Timber having bin taken into consideration, as likewise the abuse that the Inhabitants have sustained by Vessells built uppon the like spetious pretences, and not continued for the uses afore alleaged. It is thereuppon unamously Ordered (M' John Devitt only excepted) that the said Capt Stainan shall not proceede according to the prmises untill the Hon"'" Company shall order his further lysence for his pro- ceede in building as aforesaid. (3) Ensign Christoph"' Burrowes & John Bond haveing of late bin aboard a Dutch Shipp, and haveing omitted to send the Grovernor word from aboard what shee was, and whether bound, nor yet having acquainted the Counsellor of Sandis Tribe, at there return on shore therewith, contrary to a late proclamation. It is thereuppon unaniously ordered, that the said persons shall suffer imprisonment during the Governours pleasure ; the which, after their enduring one nights & one daies imprisonent, hath bin pleased to release them. 63. By the Governor. A Proclamation 22 August 1662. Whereas it hath pleased our gratious Grod for our manie sinns and provocations to send a great and terrible drouth upon the land, that all things were even withered and dried upp, soe that the dumb creatures began to languish. And I, seeing the hand of the Lord in soe great a measure uppon us, it came into the mind a purpose to have appointed a ffast to have humbled our soules. But it pleased o'' gratious God to send us a gratious raine in a plentiful! manner thorow his tender mercies and com- passions. Therefore myselfe and Councill have sett a day aparte for a day of reioysing and thanksgiving unto the Lord for his great mercy unto us, the which day appointed, is, on Thursday cum senite next. Therefore these are to will and require all the Inhabitants of these Islands to repaire to their severall Churches, or where our reverend Ministers doe preach, and then and there DISSOLUTION OF MARRIAGE. 171 attend in a reverent manner all the time of our Godly Ministers chap. performing of these services that it shall please the Lord to . •^"' . inable them to prforme. And all those that are not able to 1658-1662. repaire unto the places where our worthy Minist' doe exercise ; wee doe require them to repaire unto their owne Tribes Churches, and there to attend such services as the Eeaders shall prforme. Thus desireing and requireing all the Inhabitants of these Islands to yeald redie obedience to these our lawfuU Comands, as they will answer the contrarie at their periUs. Given under my hand the 22 " day of August 1662. 64. At a Councell Table 5 September 1662. Whereas Eichard Apowen Jun"', soone after his late arrivall out of England, did, by the waie of discorse possesse Capt William Sayle Governour, that George Morris the Husband of Thomassine, did tell him the said Apowen at Gravesend, that he did fully purpose to cum over to his aforesaid wife soe soon as he could gett sufficient menes to maintaine him & his aforesaid wife. And thereuppon, the said Thomassine and Thomas Johnson were by an order made at a former Counsell Table, fforbidden to consort together as Husband and Wife, though the said parties Banes of Matrimony have bin published in Hamilton Tribes Church three times. But by reason the aforesaid George Morris hath bin absent from his aforesaid wife about fBveyeares together, And likewise by reason the said Apowen hath not, uppon his oath taken at this p''sent Counsell, maintained his aforesaid expressions It is unaniously concluded, that the said Thomas Johnson and Thomasine Morris may be suffered to take their first opportunity of being married together. 65. Att a Quarter Court derivative for y^ Suiner Islands Company. Held att y" accustomed place in Watling Street London on Thursday the 4* of September 1662. The Recommendacon from y" Grand Coinitte to this Com- pany, of M' Sampson Bond a Godly orthodox & painefuU Di- vine, as willing to bee enterteyned by this Company & sent on ministry to y° Sumer Islands being in debate, As also some words of M'' W" Cooper spoken at a late Co', touching and exhibited against y* M'^ Bond before y® late Comission for ap- probacon of Ministers some years agoe viz : That the said M"^ Bond was a Letigious pson among his Neighbours. Itt was thought fitt that y* said M' Bond attending at y* doore should bee called in & admitted to make his defence to what was ob- iected Against him. Whereuppon y* said M Bond did owne 172 THE EEV. SAMPSON BOND. ^^^P- & acknowledge that such Articles were exhibited against him, • ^ — - Butt att large declared & sett forth, that hee haveing had ap- 165S-1662. probacon from y^ s* Comission", who of Eight ought to have given him his Instrum of Admission into a Kving in y° Country in wch he was in possession, he was denyed y"' same, & putt to great charge & trouble and after several! heareings by Counsell & Reference hee was advised and did sue for, and in three years suite obteyned a Verdict and Judgm' to have his Instrument of Admission, That afterwards a Charge of Articles were exhibited against him. 1. That hee had bin Active for y^ King against y° Parliam' An° 1642. 2. That hee was Litigious among his Neybours. And fur- ther saith. That till hee had his Instrument of Admission although hee offitiated all the time of this trouble being about three years aforesaid, the generalUty of y° people refused to pay his Tithes for y^ recovery whereof hee p'ferred a Bill in y" Ex- chequer (S"' Eobert Atkins being his Councell) and thereupon had his Tithes paid. The Court taking into Consideracon y" Answer and defence of y^ said M' Bond & well weighing the ground of the charge and Articles Exhibited against him was for his sueing for & mainteyning his Eight did upon the Ques- tion Eesolve & Declare That they were well satisfied therewith soe as to cleere him of what was obiected against him. Tlie s* M'' Bond Exhibited (on his behalfe) a Certificate under y^ hands of M"^ Sam' Clarke, M' David Bull and M"" Elias Pledger ministers. That hee is a man of approved Abilities one who hath binn ffaithfuU and painefull in y^ worke of y^ Ministry and of an unblamableand liolyConversacon, And further gavethem to understand, That hee was ordeyned by Bishopp Hall Anno 1641, as by his Licence will show, wch hee was ready to pro- duce. And further was approved of by y" Assembly of Divines as he hath to shewe in that behalfe ; upon all wch y' Court made Choyce of and enterteyned the said M'' Bond to be sent over Minister ffor Devon and Pembrooke Tribes & to have y^ Glebe & house att Spanish Point and 40 per Annum Sallary paid him by y° Company And y" s* M'' Bond being required to give the Company a security (as is usuall) before his goinge over, hee undertooke and promised to performe the same when & where y" Company should Coiiiand him. Vera Copia Ex* y^ 24"* of december 1673 pr me W" Minors Secretary to ye s* Company. The Eev. Sampson Bond amply justified the character here given him of being a htigious person ; and through- A CLERICAL COMMISSION. 173 XII. 1658-1662. Gilt a ministry of nearly thirty- years in Bermuda was a chap, source of perpetual discord. Some notice of him has been given in Vol. I. page 692. He was invited, Septem- ber 26, 1682, to the ofl&ce of assistant preacher to the first church in Boston, but fell into disgrace for having taken the liberty to preach a sermon not com- posed by himself, and the invitation was never carried into effect (Trans. Mass. Hist. Soc. viii. p. 96). He afterwards returned to Bermuda. 66. Commission of Eev. Samuel Smith. To all to whome these p''sents shall come, greeting. Know yee. That wee the Groverno'' and Companie of London for Plant- aeon of the Somer Islands taking notice, and having good assurance of the pious and godlie life of Samuell Smith of Emanuell CoUedge, in the Universitie of Cambridge, And also of his abilitie and sufficiencie for preaching the Grospell and ad- ministring the Sacraments, Have with the full assent and good liking of A Quarter Court Derivative held for the said Compie the 28'" of August last past, Nominated, chosen and appointed, and by these presents do constitute & authorize the said Samuell Smith to be a Minister in the said Islands. And further to have & enioy the place, oflSce & calling of a Minister there for & during the space of three yeares from the Date hereof. Giving and Granting by these presents imto the said Samuell Smith full power and authoritie to exercise & enjoy his said Calling of the Ministry in the said Islands, and to have & enioy the Gleabes & Gleabe lands at S' Georges, lying & being within theise Islands, with all and singular houses, profits & Coinodities thereunto belonging or app'^'tayning, which have bin appropriate and set out to the minister of the said place there for the time being, from and by us the s Governo'' and Companie, or by our order, Consent or direction. StrictUe charging & requireing him the said Samuel Smith to do, pforme and execute all such Duties and Exercises as shall bee fitting & becoming him the s* Samuel Smith by vertue of his place and office, and as he is bound unto according to such orders & directions as have been, or shall be from tyme to tyme given unto him. Willing & Comanding every person or psons there inhabiting, or which hereafter shall inhabite, to give unto the said Samuel Smith all due respect and observance in the execution of the office of the Ministrie, or in any other thing which shall or ought to belong there unto. In witness whereof wee the sayd Governo'' and Companie have caused our Coiiion & Legall Seale to be hereunto affixed. Given 174 LETTER FROM THE COMPANY, 1663, CHAP, att a Quarter Court Derivative the 9'" day of October, in the ■ _. 14* yeare of the Eaigne of our Soveraigne Lord Charles the 1658-1662. Second, by the Grace of God Kinge &' An" Dom : 1662. This form continued in use to the end of the Com- pany's charter. The latest commission, that of Eev. S. Bond, on his return to Bermuda in 1683, is in the same , terms, but contains a clause exempting him from preach- ing out of Pembroke and Devon Tribes unless with his own consent. (Colonial Papers, vol. xxxiii.) 67. Extracts from a General Letter addressed to the Governor-elect, Captain Fflorentia Seymer, dated October 10, 1662. Captain Seymer did not assume the office until the arrival of the ship bearing his commission, about January 12, 1663. Captain fflorentia Seymer (1) The generallLet' from the Islands of the 20'" Decemb. last by the retume of o"' magazeene ship, which through the blessing of God, yet not without much danger in the voyage, safely arriued in the Isle of Wight 23 March as at London in Aprill following, wee haue receiued, and according to the intimacon in o' last Let' that wee would retume you an answer by our next to the pe- ticons of the countrey, wee shall begin with that as deserueing for its time of presentation priority in these determinations (2) As to the first pt thereof for supply of ministers Wee have sent you two ministers by this shipp M' Sampson Bond and M' Samuell Smith the successe of whose labors in the worke of the ministry wee comend to the protection of the great God. And their persons for courteous entertaynment, countenance and encouragement wee comend vnto you, as the eminencie of their employm' shall deservedly call for at your hands (3) As to the 2nd pte of the Peticon for a liberty to the inhabitants to transport their Tobacco in a shipp of their owne, and to send the same to any Porte, although it bee a request often made and as often answered, and there being the same grounds of general preiudice to cause us to adhere to our former resolutions, yet now wee think good, ouer and ahoue to send vnto you our p.ticular reasons against it, which are (a) That if the liberty petitioned for should be granted the customes and Duties appertayning vnto vs cannot be secured (b) That the Inhabitants will make and sell any Tobacco, by QLEBK LANDS AND SCHOOLS. 175 meanes whereof the market will be clogged and the comodity chap. vndervalued . ^"- . (c) The Inhabitants haueing the same liberty that the Com- 1658-1662. pany haue to make the best of their owne goods haue noe lust cause to complaine But that you may further know what tender care wee haue of the welfare of the Islands, and to p.uide against any approaching general damadge vppon the consideracon that the Tobacco of this yeares growth, if brought to London will come to a bad market, and a sad accompt, by reason of the great quantities not yet taken off our hands, wee haue giuen liberty and comission to this shipp. Somer Islands merchant, John Jenkins master, to carie all the cropp to Amsterdam in Holland. He observing our orders in taking his voyage hither- ward by putting first into English Harbor, wee no way intending thereby any alteration of our iudgement touching the liberty petitioned for, but rather choosing to avoid the prsent impending storme of gen'"all losse, otherwise likely to fall irresistably both on you and on ourselues (4) As it hath bin our care and not without much charge in sending ouer vnto you M' Abercromby &the two lastmenconed ministers (whom we hope the Lord will be pleased to make a very great blessing to the Islands) soe wee haue taken some paines to sett and pporcon the Grleabe, and forasmuch as wee find that Warwick & Pagets Tribes haue no other Grleabe but Acklin & Elizabeth Islands, which are not convenient to the minister that shalbe designed for those Tribes to liue vpon, and that there is noe other publick land in either of those Tribes but the land held of the Company by Thomas Brereton. Wee pray you the Grou. to send for and treat with Brereton, and en- deavour to psuade him (if it may be) to relinquish his interest in two of the three shares by him held as aforesaid, which if he shall be drawen into you are in lieu thereof to Lease out to him soe much of the Public Land in the little Islands to the sayd Tribes appertayning, as you the Grouernor & Councell shall thinke fitt And for those 2-shares wee haue a desire to appropriate them to the sd Tribes in quality of a Grleab for euer. (5) Wee haue satisfyed & discharged all Sallary due to M' White & M' Abercrombie & haue ordered 40* to be payd to M"" Jonathan Burr in full of all Sallary ending the 10th of Aprill last and haue discharged him from the service of the Company in relation to the ministry, of which you are to giue him timely notice .... (6) The next thing of most public concern we take to be the settling of the Schools. And that we may have a due know- ledge of the Shares and the Profits with other things thereunto belonging, we do require you the Grovemor that upon the arrival 176 ANSWERS TO GRIEVANCES, 1663. CHAP, of our Magazine ship, you issue forth summons for the convening ^ • - a general Assembly, so as they may conveniently meet within 1658-1662. ten days after the Ships arrival, the time of whose Sessions we have appointed to be and not to exceed six days, to which As- sembly we more particularly commend the preparatory part of the settling of the Schools, which is to cause a survey to be made of all the lands or Eents or other advantages, either given or belonging in any manner of wise to the free School, in whose hands they now are, and how and by what means the occupiers came into them, what are the present profits and rents or other commodities thereof, also to consider of three convenient places besides the place where the Free school is erected, for the placing and settling of School Masters there, moreover to con- trive and propose a way for the making of good Tobacco, so that the commodity (if possible) may be brought into request again, these two particulars being the main cause wherefore we have appointed the calling of a general Assembly ; an Account of these chiefly with all other things by them consulted of and handled, we shall expect by the return of our Magazine shipp. (7) We haue taken into our consideration the Requests of the Grenerall Assembly touching seu'^aU matters p'sented vnto vs by the way of Grievance, and wee have ordered and do returne o'' answere thereto as foUoweth To the 1st Eequest That a liberty be graunted for the com- panies shipp or shipps to put into such Ports or places of his Maiesties dominions as may be advantageous for the sale of such Tobaccoes as are not vendible at the Porte of London, or to giue liberty to the Islanders to dispose of such Tobaccoes by a ship of their owne Wee haue giuen answere thereto alreadie, in laying downe our reason against a liberty to the Inhabitants to dispose of their meane Tobaccoes &c To the 2nd Eequest complayning that the companies scale hath not bin sufficient secm'ity for Lands that haue bin sould and purchased, Wee doe declare that the scale doth not confirme or make good any wrong Title But onely giues and grants many priuiledges as are at large by the p.ticular grants vnder the seals set forth and contained. To the 3rd complayning of exactions by agents to owners of Lands in letting of Leases and praying redresse Wee doe declare that it is against all lawe for the companie to interpose and not leaue owners to make the best conditions for themselues in letting their lands To the 4th complaining that contrary to all other English Plantacons some of the Inhabitants of late, though shipping some thousands of Tobacco haue bin denyed their passage in the same ship vnles they would first pay downe for their Passage, CHURCHES AND CHURCHYARDS. 177 Wee haue resolued vpon the question that the same is a griev- chap. ance, and for preiiention thereof for the future haue ordered , -^^^^ ,. that it be henceforth made an Article in the charta party that 1668-1662. noe person soeuer either inhabitant or other, lading aboard the magazeene ship 1 500 of Tobacco shall pay for his passage, but at the landing of the goods To the 5th complaining that proportions of Land given for the erecting of Churches and for Church Yards and burying places, have been by some late Purchasers claimed, and the intention of the Donors defeated, and privileges of the Inhabi- tants infringed thereby ; and praying redress and a law to be made for confirming the Donations against all new purchasers whatsoever. We have ordered that the possessions of all lands given for Church yards and burying places to any the churches in the Somer Islands, shall be secured to the respective Tribes to which they do belong. And that you the Grovernor and Council do take care that the same be done accordingly. And touching the securing of possessions of Lands given for the erecting of Churches in any of the Tribes of the said Islands, we have further ordered that a copy of the Act of Court formerly made in that behalf be with the copy of this present Act sent over to you the Grovernor and Council, with command that an equal care be had of both particulars in the removing the cause of the complaint, and securing the possessions of the lands to the said tribes respectively. The petition of Devonshire and Pembroke Tribes we have answered by the supply of Ministers, and have designed M"" Samson Bond by Commission to preach to those Tribes. And we have assigned M'' Samuel Smith to preach at S' Georges, M"" Abercromby, by his letter to us, having declared that he will leave that place upon the sending over another Minister. (8) Wee haue for the pr.sent ordered tbat M'' Norwood shall haue the ffree schoole. PersQuall Goulden to be another School master & M'' Jonathan Burr another school masf, and that M"' Goulden and M' Burr haue equally two shares of the Schoole lands apiece . . (9) Now we come to answer your Getfall letter. And for the ;g24 receiued by Capt Sayle for Cables Wee shall make it vp ^50 according to a late letter from Capt Sayle praying soe much for the necessarie Eepayres of the ffortifications and making a stone wall round the Kings castle Wee haue in our last answered what you write about the Scots serveing seuen yeares to which wee refer you (10) As to the negroes we leaue it to you to make the best bargayne that you can for them and vs, Wee comend it to the more imediate care of you the Gouernor, that the seuerall and VOL. II. N 178 WASTE OF CEDAR AND PALMETTO. CHAP, respectiue Officers and Captaines of the Fforts and strength es in , ^^^- the Islands be charged and required, and wee doe hereby strictly 1658-1662. charge and require them to reside and line vpon the Lands allotted for their p.ticular charges, to preuent the mine and decay of the publique houses and buildings soe much com- playned of (11) Wee haue taken into the more serious consideration seuerall matters of great and weighty conserne relating to the good and welfare of the plantacon, and as it hath bin our chiefe care to prouide against any approaching euill by Lawes and Orders made- in that behalfe, soe we hope that you will exert the like care to put such lawes and orders in execution. In the first place To p''uent the destruction of Timber in the Islands and the want that is like to ensue therevppon, wee haue ordered as foUoweth (1) That no Tenant shall fell any Tree but for necessary repayres ( 2) That no Timber be felled as aforesaid in any of the Tribes for necessary repayres but what shall be allowed by the Councell' of the same Tribe before it be fallen (3) That the stealing of Timber be prouided against by a seuere punishment of the offender (4) That at cleering of ground no tree shall be lopped but at seuen foot height and in seasonable time and that no brush wood be burnt vppon the place where any Treese do grow and are fallen, but be vsed as fewell by the respectiue Tenants in their houses (5) That euery owner and occupier of land do maintaine his fences according to the Law in that behalf and that in the fences in an husbandlike maner, they plant Cedar, Olive, Lime. Pomegranate, Fig, Orenge Trees, which will sufficiently supply the want of Timber and make the place fitter for growth and de- fensable against windes that otherwise prooue soe destructiue in the place. (12) Ffor p'uenting the great mischiefe that is like to ensue to the plantacon for want of thatch by reason of felling of Pal- metto Treese in the little Islands, wee have ordered that all the Palmetto trees be henceforth p'"serued, and that you the Grouerno'' & Gouncell take care and giue comand for planting of them in all the little Islands' Ffor the p'uenting the mischiefe & danger which otherwise is like to happen by the multyplication of ma- ' By the ' little islands ' are doubtless meant, principally, the islands — about thirty in number — in the Great Sound, the soil of which has been gradually washed into the sea. There are a few palniettoes upon some, but many of them are quite incapable now of growing that plant in any quantity. EXPORT OP COIN CHECKED. 179 lattoes Wee haue Ordered that from henceforth if any malatto chap. shall bee made free, such p.son doe within twelue months after ' - depart the Islands. I608-I662. (13) "Whereas request hath bin made vnto vs in the name and on the behalfe of the Inhabitants, to grant an allowance towards the repayre of the fforts in the Islands Wee doe declare that the company are not obliged to grant any such allowance, forasmuch as the country haue borne the bm-den thereof formerly. But to preuent all iust complaints thereabouts Wee doe require you the Gouernor & Councell to take care that the people be not overburthened in the Taxes, but that the same be equally & indifferently layd, as the respectiue abilities of the Inhabitants can beare them. (14) Ffor redresse of the continuall charge to the companie in p.uiding and sending ouer Armes to the Islands, which are wanting through negligent keeping Wee haue ordered that there be a gen''all muster in the Islands once euery quarter of a yeare, and that the muster M'^ hereafter named doe then take an Ac- compt of all Armes whether fixed or not ' and haue power to impose a ffine on defaulters (videl"') for 1st default 2' 6* and for all other defaults not exceeding 5^ for each time, the same to be leuied by distresse and sale of the goods of the pty offending, by a warrant from the Grouernor of the sayd Islands for the time being, which fines are to be disposed of towards the supply of armes and amunition And wee have authorized and appointed M"" John Mchol the now sherriffe to hold the office of muster master as aforesaid and to haue for his paines to be taken therein, such yearly reward as the company shall see fitt. (15) Lastly taking into consideration the great p''iudice wrought to the Plantation by export of the money there, by strangers trading for prouision, hides, old iron, &c for p''uention thereof wee haue ordered that all peeces of Coyne comonly called and known by the name of peeces of eight shall bee of the full value of fEue shillings sterP and shall soe passe from p.son to p.son in the buying and selling of any comodity or the payment of any debt, or in any other manor of way wherein money may be vsed in the sayd Islands. And that you the - Grouerno'' & Councell cause Proclacons hereof to be made in all publique places as is vsual in the like kind throughout the Islands, and to take care that the inhabitants duely obserue and pforme the same . . (16) We cannot but obserue what endeauours haue bin and still are, to alienate Lands contrary to a Law of the Company in that behalfe, and that none may pretend ignorance, at ' Fixed, i.e. serTiceable. We appear to have here the common American ex- pression ' to fix a thing,' to put it in order, or make it work. N 2 180 REGULATIONS FOR SALE OF LAND. GHAP. least mistake our proceedings and maligne them and loose their . ^ ^^- . labor, in not getting our Seale for confirmation of any sale of 1668-1662. land vpon sute made for it We haue herewith sent you a copy of the law attested by our Secretary, which wee requier you to publish that all may haue notice. (17) We haue ordered that the sume of £50 shalbe payd vnto Capt Sayle as a gratuity for his paynes and endeavours on the behalfe of the Company, as Deputy G-ouemor in the Islands, and accordingly the money hath bin paid vnto and receiued by M' Thomas Sayle for his fathers vse. (18) To remooue all iust occasions of CompP and releeue such as haue suffered wrong and to p''serue the rights and inte- rests of the Company in p.suance of the constitutions & laws of the Company And p.ticularly the 179 Article in the Book of Lawes Wee haue thought it good to send ouer our Commission into the Islands, directed to seuerall persons to examine the Actions of all Deputy Gouerno", Counsellers, & Officers that now beare office, or of late haue boren office in the sayd Islands And to make enquiry of, and to examine seu''all other pticulars of publique concernment Also wee haue directed o'' Comission to others to lett and sett the publique lands according to Order from vs in that behalfe, and wee cannot but giue you notice of an imperfect return made by Capt Sayle of the Publique lands by the last ship . . (19) V/ee haue bestowed on John Eamsbottom to supply his necessities and to pay for his passage home, the sum of £\0, and haue towards his future subsistance leased out vnto him Trunk Island at the annual rent of 101b of Tobacco, to hold to the I^ease and his now wife for and during the tearme of their natural] lives, and the longer liver of them, with vsual covenants for planting Treese repayres &c on the Tenants part to be per- formed And wee being giuen to vnderstand that the said Island was formerly well wooded till Capt Turner caused it to be felled Wee require you the G-ouernor and Councell to examine the trueth thereof, and returne vs an accompt of what the waste was and the value of the same.' (20) Wee haue leased vnto M"" Hugh Wentworth a share of Schoole land lying in Warwick Tribe, halfe whereof is in the occupacon of Will Diller als Hall, and the other halfe vntenanted & voyd To hold to the Lease for the term of seuen yeares, rendering 1501b of Tobacco yearly to be payd and deliuered to the vse of the schoole, and reseruing 200 faire choyce orrenges to be packed vp and shipped at the Tenants charge, and re- turned to the company yearly by the magazeen shipp, with vsual couenants . . ' Trunk Island, the residence of a hermit, in the Little Sound. It is still well wooded. A NEW COMPANY FOE WHALING, 1662. 181 (21) Wee haue taken into consideracons and there upon chap. resoiued to raise & employ a stock the next yeare for the de- _EJi_, signe & trade of whale fishing at the Sumer Islands and wee 1658-i6B2. doe hereby intimate vnto you the Gouernor & Councell, and do require & enioyne you that imediately vppon receipt hereof you giue notice to all and euery Owner of Land in the Islands of this our Designe, as also that you publishe or cause to be published vnto them as followeth (1) That all and euery Owner of I^and in the sd Islands that will cum in as an aduenturer in the vndertakinge shall aduance according to the number of the shares of Land he holds 50s for each share (2) That if any member of the comie or owner of land as aforesaid, shall refuse to ioyne in the aduenture, that it shall and may beelawfull for any other member of the company or owner, that will, to aduance p.portionably in his stead, and to haue the benefit of such sum as he shall soe aduance, he being approued by the Company (3) That all owners of lands that will cum in shall giue in their names & subscribe what sume they will aduenture to you the Grouernor & Counsell at least a weeke before the ships dep,ture in the present voyage from the Islands, and further take care that the sume or sumes of money soe subscribed be paid to the Treasurer of the Company at London, within one moneth of the said ships cuming into English Harbo"' in her returne, otherwise euery such pson fayling in the premises to be excluded for euer out of the vndertaking or haueing or claym- ing any aduantage thereby. (4) That the accompt of all such owners cuming in and sub- scribing as afores* be by you the Gouernor and Councell returned vnto vs by o' magazeene ship, whose stay at the Islands to vnlade and relade wee haue appointed to bee 40 days and no longer. And for the better expediting of the afores'' designe you are to send vs a duplicate of the Aduenturers subscribing with you, by way of Barbadoes (22) Then follow the appointments of officers. Captain Fflorentia Seymor to be Deputy Gouernor and Captaine Gen''all and Captaine of the Kings Castle, and Captain of the Trained Bands at S' Georges. M"' John Nicolls sherrifiFe. M'' Henry Tucker Secretary Councellors 8 : Captains of Forts 3 : Captains of Trained Bands 5 : marshall John Bristowe signed John Hetdon Deputy and seven others London 10 October 1662 To our louing friends Capt" Fflorentia Seymor Deputy Gouernor & the Councell of the Somers Islands these 182 ASSIZES, 1662. 68 SoiTier Islands, alias Bermuda. A Warrant, November 28, 1662. (See again p. 184.) 1658-1662. Whereas one Spanish Shipp called the S' ffrancis and S' James, whereof is Comander Andrew de Arroy, comeing from Caj-thaiena, and being bound for Biskaia, springing a great leak at sea, was forst to putt into our Harbor of Bermudah for releife, and to unload the aforesaid Shipp to Carreene. Now know yee home it may Coneerne, That Don Bartholomew de Maceney Knight of the habit of S' James, with severall other Spaniards and Servants of Madareele, being desirous to transport themselves back againe for the Port of Portareek (Porto Eico) in the West Indies. I the sayd William Sayle Grovornour have ordered & p''mitted M'' Thomas Leach, Comander of the Catch Prosperous to transport the aforesaid persons to the Island of Portareek, desireing all his Maiesties Subiects by sea or land that shall meet with the said M'' Thomas Leach, not to molest, but rather assist him in this his lawfuU designe and imployment, which shall engage us to doe the like to you or any of yours that shall have occation here. William Satle Govemour Given under my hand & Scale, &c. Henet TrcKER Secretie & Notarius pubP^ 69. At an Assize, December 2 to 6, 1662. (1) The Jurie for our Soveraigne Lord the King doe p''sent Black Tom, a Negroe servant of M"" Eichard Norwood of Pem- brooke Tribe, for that in or about the Moneth of May last past on a Saboath day, he did by force and armes enter into the dwelling house of Thomas Bostock of Smiths Tribe, planter, and from thence did steale, take and beare away, one dozen of To- bacco pipes, price two pence, being the goods and chattells of the said Thomas Bostock, all which is against the peace of our Soveraigne Lord and King, his Crowne and dignity, and con- trary to the force of the Laws and Statutes in that case made and provided. To which Indictment he pleaded not guiltie and for his further troy all he put himelfe upon God and the Country, which being a Jurie of 1 2 sworne men, found him not guiltie. Whereupon he was adiudged to be punished at the whipping post with 39 lashes upon the naked back, which was executed upon him accordingly.' ' Perhaps ' not guiltie ' is a clerical error in the original ; but the punishment may have been for breach of orders. QUAKERS NOT TO BE MOLESTED. 183 (2) It is unaniously Ordered. That a publication be speedilie chap. drawn for the observation of the Saboath day eyther by the . "^^^^ . hearing of the Ministers, or by the Inhabitants repayring to 1658-1662. their p''ticular Tribes Churches. And that the Quakers bee not molested untill further Order from the Companie or Kingdome of England. (3) Marie Mountaine of Davids Island p''sented for a profane and very evill tonged woman, and for that, contrary to Christi- anitie and contrary to the expressd Coinands of Grod, who saith, thou shalt not speake evill of the Euler of the people, yet the sayd Marie Mountaine having so farr suffered her passion to over runne her reason, as, before credible evidence, to sweare by Grod that our Hon'"^ Grovernor William Sayle was a Eogue and his wife was a w — [no sentence recorded]. (4) Hugh Atkeson of Tuckers Towne presented for a coinon drunkard by the Grrand Inquest, The said Atkeson is thereuppon made Infamous. (5) Nicholas Spenser & John Lee Sen' of Sandis Tribe pre- sented for Comon drunkards. The said p'sons are censured to be made Infamous. (6) Ann Male of Pagets Ttribe, Richard Jefferies & Susan Spenser of Sandis Tribe, having bin presented for suspicion of Incontinencie. The said parties have bin censured to bring in their Com- purgaf" within ten dales, or to be whipt at the whipping post at S" Greorges. (7) Eichard Apowen Jun% Beniamin Apowen & Harbert Apowen planters. As likewise William Huchings Joyner (all of them of Devonshire Tribe) haveing bin presented by the Grrand Inquest, for that the aforesaid parties, contrarie to good Con- science, equitie, or Christianitie, have combined to prevent Judgment and hinder all due course of Law, by bribing one Thomas Hopkins to smother a felonious act comitted by George Apowen, of the Tribe above said, by the said Hopkins his dis- owning his owne monie, even uppon his oath, in open Court at the last Assizes, felloniously taken out of the said Hopkinses Chest standing in M"^ ffrancis WatUngton's house, by the afore- said Greorge Apowen. The aforesaid Richard Apowen, Jun', Beniamin Apowen, Harbert Apowen, William -Huchins and Thomas Hopkins have thereuppon bin censured, everie one of them, to stand in the pillorie one compleat houre, by the unanimous censure of the Court, which said punishment hath bin inflicted uppon the afore- said p''sons accordinglie. (8) Capt Edward Stainan unaniously censured to pay 4" sterl at the next generall division, ffor his Miscariage towards the 184 COURTESY TO SPANIAEDS. CHAP. Groverm' of these Islands, And for his beating his negroes un- . ^^^' . measurably. 1668-1662. 70. Memorandum, December 13, 1662. That Thomas Huchins of Devonshire Tribe hath appeared in my office, and hath voluntarilie consented unto and agreed, uppon his disbursment of a considerable sofTie of Monie in the purchasing of a Negroe man coiiionly called Jose, that the said Jose shall be manumised and made ffree at the expiration of Twenty ffive yeares from the day and date aforesaid. Uppon Condition that the said Jose doe faithfully serve the said Thomas Huchings or his Assigns, and not absent himselfe from his afore- said Masters, or his Assignes, Imployments, nor carrie himselfe stubbornly or disobediently during the full Terme and time aforesaid. But in case he the said Jose shall carrie himselfe contrary to the premises. That then hee bee continued in Servi- tude for the full terme of Ninety nine yeares, if he shall soe long live. In Testimonie of the trueth of the p''mises, I have hereunto sett my hand the day and yeare abovesaid. Henry Tuckee, Secretie 71. Suiiier Islands, alias Eermuda. A certificate. Upon the 17'" November An" Dom: 1662, Arrived in this Island the Shipp called S' ffrancis & S' James belonging to Captaine Diego de la Torre. Which came from Carthagene fraighted by Capt Pedro Gerces de Buscamante for the Accompt of his Maiestie King Philip the fourth of Spaine &", which goeth with Advice, despatched By his excellencie the Conde of S' Stephen Vice King of Peru, the which Shipp entered our Kings Castle Harbor with great necessitie and want of provisions, having broken two gudgeons of her Euther, by which shee made a greate aboundance of water, being wholly impossibilitated to performe the voyadge, without remedieing the foresaid leacks. And by vertue of the peace betwixt the two kingdomes, the Governour of the said Island did afford all things necessarie for their use, paying the prices Currant of the Countrey, giveing as- surance in the Name of King Charles the second &" himselfe as Governour of the said Island, that no iniurie should be done to them, they behaving themselves Civilly, the which I did p''forme in giveing them all things necessarie (by them sesonably de- manded) with civill entertainment to the said Capt Pedro Garces de Buscamante, upon whose Accompt the said Advice of his Maiestie goeth for Spaine. In Testimonie of the trueth of the p'mises I have hereunto sett my hand, together with the END OF CAPT. SAYLE'S TERM. 185 publicise Seale of these Islands the 12'" of Janiarie 1663 Stil : chap. nov : . XII. Signed 1658-1662. William Saylb Governo'' The preceding document is the last which bears the signature of Captain WiUiam Sayle. His successor, Captain Florentia Seymour, was nominated by the Com- pany in September or October 1662, and assumed the administration of the government in January 1663. Captain Sayle subsequently became Governor of a part of North Carolina under the Lords Proprietors, as has been already stated. 186 1661-1668. CHAPTEE Xin. GOVERNMENT OF CAPTAIN FLOBENTIA SEYMOUR. JANUARY 166| TO MAY 1668. |f^P- 1. Florentia Seymour, who has bequeathed one of the many unusual Christian names met with in Ber- muda, was probably a grandson of William Seymoiu-, Ancient and Sergeant-Major to Governor Butler in 1621, and son of William Seymour, jun., a Councillor of State, whose name frequently occurs down to 1654. He was also Councillor of State, and Captain of Southampton Fort in 1661. His name occurs among those who suffered in the cause of the Commonwealth (p. 118), and his leaning was evidently on that side, although appointed after the Eestoration. His wife was charged, when the word was opprobrious, with being a Quaker ; but if this be true, I have found no evidence of sympathy on his part with her sect. He was reappointed Governor in 1681, and died in the same year. We learn incidentally something of the financial affairs of the Company about this time from a proposal touching Bermudas handed in to the Council of State by Francis BurghiU in 1684. He declares that in this year, 1662, ' the Companye did rayse £846 .8.4 vpon Tobacco only, at one half-penny per lb, besides y" Proifitts of y* General lands, y° tax on Eum, a Land tax, Pole money &c., yet the whole charge of Government that yeare both here (in England) and in y° Islands amounted but to £300, proved at y" tryal.' That since 1662 they have for the most part ' raysed Id. per pound on Tobacco, w""" amounts to £1600.' He remarks elsewhere that, although the tobacco is not good, the strength of it THE GENERAL ASSEMBLY, 1663. l87 makes it in request ' in all could countries,' especially chap. towards the sea coasts. — J^l:^ 2. In accordance with the usual practice. Captain I'^^'H^es. Seymour's first act was to convene a General Assembly, the proceedings of which are embodied in the subjoined letter or report addressed to the Company : — Somer Islands Januarie the 27* 166f Whereas the Eight Hon*'° the Gouerno'' & the Hon"'* Com- panie of their tender regard of the welfare, tranquilitie prosperitie settlement and comfortable beeing, of the Inhabitants of this poore Colony, hath strictly comanded & required our Hon"'" Gouerno' speedily to suinon an Assemblie whereby they may haue a right vnderstandinge of the chiefe Agreevances of the Inhabitants att present, that see they may giue all due redress In performance whereof our Hon"'' Gouerno' haueing acted ac- cordingly Wee the Gen'"all Assembly being legally elected and conuened, after mature debate, in an assured confidence of the noble and pious inclinacons of the Hon"'° company to releeve vs Doe humbly crave that these our aggrievances may by their ship now in harbor bee transmitted vnto them (1) Wee the Gen''all Assembly haueing taken into our ovnx consider aeon the companies desire for prouiding a way for the making of good Tobacco It is therefore enacted by this present Gen'all Assembly And by the power and Authority of the same bee it enacted That euery Inhabitant of these Islands shall vse the best of his indeavours for and in the making principall good Tobacco without fraud or deseite. And it is further enacted &c That if any Inhabitant of these Islands shall vse any fraud or desaite in making of Tobacco either in the wreathe or rowle, and the same tender for any manner of payment, all such per- sons soe tradeing as aforesaid shall bee ffined and pay doble the value and quantity of the deseitful Tobacco tendered, in good Tobacco or monie to the value of good Tobacco, to be laid out for the publique vse of the country And that the Hon"'° Company may hereby vnderstand our good intencons And that the Planters by them may bee in- couraged to the better making of Tobacco The Inhabitants and Planters being not capiable or able to make their Tobacco all to a like goodness It is further enacted &c That a price may bee by the company & merchants allowed both for our good Tobacco and likewise for o'' indifferent Tobacco, which may beare proportion with what hath bin or may hereafter bee offered by any of his ma"*° subiects. Prouided alwaies that Crowne dues and the Hon"'" companies may bee first secured And the merchants 188 SCHOOL AND GLEBE LANDS, CHAP. XIII. or ffactors refusing the Tobacco as aforesaid for payment of theii'- ___^_^ goods or Debts here That then it may bee 'or shalbe lawfull 166§-1668. for the Inhabitants or Planters to dispose of their Tobacco soe refused to any ship or shipps belonging to his Maies"" Do- minions or merchants of the same that shalbe willing to trade or comerce for the same Tobacco (2) According to the companies Order Wee the gen''all as- sembly haue made a Survey of all the Lands called Schoole lands which are possessed as foUoweth (vidlzt) in Southampton Tribe ffoure shares, two of which is in the possession of M" Elizabeth Dm-ham, and M' Henry Durham, which two shares pay 240"" of Tobacco p' annum paid to the master of the ffree schoole, and are held by the Tenants pr virtue of a Lease from the Hon"^ the Earle of Manchester One share in Warwick Tribe lately in the possesion of Will Hall which Tenant pays 140lbs of Tobacco to the School M' and the land now granted or let pr the Hon*'° companie to M"^ Hugh Wentworth, One share of Land in possession of Capt Phillip Lea in Pagets Tribe which he layeth clame to as pr right from M"^ Copeland, and alloweth accordingly sixty pounds of Tobb. to the ffree school pr annum Two shares of Land in Deuonshire Tribe in possession of M' Percivall Grolding, who enioyeth the profit of the same pr order of the Hon"* Earle of Manchester as Vsher of the ffree schoole Two shares more in Southampton Tribe one in the posse.on of M"" John Stiles, the other in possession of M' Thomas Kemball, which tenants did formerly pay 1401b of Tobacco p share. But for the present there is granted a lease of one and twentie yeares for the said land vnto John Wells by the Hon"'* the Earle of Manchester and at the rate of one hundred pounds of Tobacco pr share for the vse of the free schoole Two shares in Pem-r brooke Trybe one in the possession of Daniell Bull Setf the other in the occupacon of Eich* Sanders & Will Stafford, each share payeth 100"' of Tobacco to the ffree schoole Master (3; Wee the Gen^all Assembly according to the Hon. Com- panies orders haue considered of three the most convenient places for settlinge and erecting of ffree schoole Masters for the benefitt of the younger sort besides what is alreadye erected and settled. It is therefore enacted &c That the places appointed for the settling of the schoole masters to be (vidz*) The first at the Chap- pell in the ouerplus. The second vpon the school lands in Warwick Tribe, The Third in Baylies Bay belonging to Hamilton Tribe. (4) Wee the G-en^all Assembly finding it a great agreevance and p''iudice That in the vacancie of ministers, that the Grleab lands hath bin let out by the Gouernm* here But certayne LAND GRIEVANCES, 1663. 189 it is & by experience found that where ministers come to vs our chap. G-leabe houses are to be now repayred, and that vppon the Tribes ,_5-i^i;_. charge It is therefore enacted &c That all such Grleabe lands as i66f-i668. are now appointed for ministers that shall bee vacant, shall be lett and hired out by the Church Officers to which the same Grleabe belongetb, for such Eents (if the land produce the same) as shall keepe the same Houses in repayre, and likewise make a stock for the minister that shall succeed. And what stock such minister shall receive from the Church Officers shall bee by him or his Assignes left to the vse of the next minister that shall succeed him (5) Wee the Gen''all Assembly haueing receiued seue^all com- plaints from the Tenants of the Publique lands and their agree- vances by reason of the raising of their rents It is therefore enacted &c That wee judge and owne the Hon"'* company to bee the true owners of all the publique lands, and wee noe wayes did antisipate them in the raiseing their Rents. But if it bee their pleasure to imploy their Tenants that liue on the publique lands as heretofore Then the Hon*'° company to allow them reasonable satisfaction for their paines. (6) Wee the Gen''all Assembly being sensible of the great oppression some people have vsed by procuring Leases of Lands from certain members of the Hon'''^ company vppon reasonable Eents, on plea of their p.sonall necessities And after their arrivall here haue taken aduantage vppon the necessities of such poore Tenants as they haue found on the Lands by them taken, that the poore people haue bin forsed to giue great ffines and pay hier rents than formerly, or else leaue their Lands to the vtter ruine of them and their families It is therefore enacted &c That all such psons as for the time to come shall procure any Lease or Leases of Land in this Island from any member of the Hon*'* Company, more than for the p'sent supply of his ffamily and Eelacons, and shall exact any more rent or ffine on the lands or tenants that shall enioy the same more then was formerly payd, shall forfitt and pay doble the Eent and ffine by him or them soe raysed, to and for the publique vse of the Country, Wee the Gren^all Assembly haueing seuerall Complaints from the Country that many of them are engaged to shipp ffruits & potatoes in part of satisfaction for their Rents, and haue many times herefore tendered them to be shipt in the magazeen ship, and they haue been refused. And such as haue been shipt at any time the owners haue not had reseits for the same. It is therefore enacted &c That for the time to come, all such psons as shall present any ffruites or Potatoes to the magazeene ship or Commander, the same beeing received, the person soe shipping shall haue for his goods shipt a receipt from vnder the Bote- 190 REGULATIONS FOR FREE NEGROES. CHAP, swaine or Pursers hand for the same And if refused to be shipt YTTT *■ • . vppon their tender, the master or Purser to giue a note vnder 166J-1668. his hand that hee refused the same {7) Wee the Gren^all Assembly finding it an Agreevance of all the Inhabitants of these Islands in Grenerall That they are forced yearly to pay a leuie towards the maintainance of the souldiers that lyeth constantly in Garrisone, and not only soe but also to bee at a continuall charge in repaireinge both flforts & Castles It is therefore enacted &c That the Hon*'* Company for the time to come doe repaire and fitt all the Forts and Castles in or to these Islands belonging out of their Duties they receiue by or for our Tobacco, and the Gouernm' noe wayes ought to haue laid such Tax or Imposition vppon vs here, contrary to their own Rules as may appeare in their 143'''^ clause in their Book of Orders extant. (8) Wee the Gren''all Assembly haueing receiued seu^'all Complaints of the insolent carriage of negroes molattoes & musteses, haue enacted &c for the time to come That any such p.sons as count themselues ffree because no p.ticler masters claymeth their seruices, yet in our iudgments are not ffree to all nationall priuiledges : If any such persons shall carie and be- haue themselues mutinous or proudly against his Maiesties Subiects : after conuiction of the same it shalbe lawfiill for the Groue''no' & Councell to subieot them to the seruice of the Colony or perpetuall banishment. And bee it further enacted &c That if any of his Maiesties ffree borne subiects, hee or shee shall presume to .mary with or haue commerce with any negroes molattoes or musteses, then after conuiction they are to bee sub- iected to the colony or be banished. It is also further enacted by this p''sent Gren'^alL Assemblie &c That if any negroes mo- lattoes or musteses, that haue bin heretofore seruants to any of the Inhabitants, and are now out of their times and not ffree by the Lawe of our nation referring to Aliens, that such haue noe further priuiledge then to stay one year and then imediately to depart if opportunity present, or otherwise to become Colony seruants for euer (9) Wee the Gren'aU Assembly haueing had setfall com- plaints from the Inhabitants against such masters as giue lisence to their negroes molattoes or musteses To plant Tobacco & trade or barter awaie the same ; many persons haueing had their To- bacco stolen out of their houses as it hangeth in leaf to cure, haue had a suspision of such libertine servants ' It is therefore enacted &c That all such masters as for the time to come shall giue any priviledge or license to their negros mulattoes or musteses soe as aforesaid, to sell or trade away any Tobacco Shall vppon conviction forfett and pay one hundred pounds of ' See Acts vi. 9, authorised version of 1610, for a similar use of this term. EEVALUATION OF SPANISH CURRENCY. 191 good and principall Tobacco ' for euery time soe offending to be ^^Af' layd out for the publique vse of the country And bee it further ■ ,— !— enacted &c That if any person or Inhabitant of this Island shall 166|-1668. Trade comeroe or receive any Tobacco goods or merchandise from any negroes molattoes or musteses, without a note or order vnder his Mast' or mistresses hand, to warrant the same, shall pay for euerie time soe offending lOOlbs of good principall Tobacco to be layd out for the publique vse of the Islands as aforesaid (10) "Wee the Gren^all Assembly experimentally finding the euill euents of Negroes, Molattoes or Musteses walking abroad on nights and meeting together. Notwithstanding many Procla- mations made for restraint. Yet execution which is the life of the law being so often omitted & a continuance of the same misdemenors Bee it enacted &c That all and euery such p.sons soe offending, not haueing a Ticket from their masters or mis- tresses shall bee well whipped, and all magistrates and inferior ofiicers that after complaint made, shall neglectt the execution of the same, shall forfit each time soe neglecting, Tenn shillings for publique vses (11) Wee the Gen''all Assembly finding great preiudice to our Inhabitants, and much decay in Trade by reason of the want of monie which of late years haue bin carried and conuaied away both by Inhabitants and strangers. It is therefore enacted &c That all peeces of coyne coiiionly called and knowne by the name of peeces of eight being good siluer, shall bee of the full value of ffiue shillings sterl pr peece. And euery half peece of eight shall be of the full value of Two shillings sixpence sterl. and euery Spanish shilling or quarterpeece of eight shall bee of the full value of fiiueteene pence sterl. And exiery Spanish sixpence or eighth part of a peece of eight shall bee of the value of seuen pence halfepenie. And they shall soe passe from person to pson in buying or selling or payment of Debts for the time to come. Alwaies Prouided that what debts haue bin heretofore contracted shall bee paid in peeces of eight at flfoure shillings pr peece And bee it enacted &c That noe comander of ships or Barques carrying Passengers for the time to come shall transport or carie away with them in their ships or Barques aboue the value of ffiue pounds, vppon doble the forfeiture of all such some or somes of monie then afore expressed that shall bee found or discouered to be imbarqued : one half to the Informer, the other halfe to bee expended in publique vses (12) Wee the Gren'all Assembly findinge that it hath bin a custome of Seu'all persons of our Islands to refuse to serue in such publique places as they haue bin chosen to by the Hon*"'" ' Isaiah xxviii. 25. ' Doth he not oast in the principal wheat, and the appointed barley, and the rye in their place ? ' A.V. 1610. 192 COMPULSORY CIVIL SERVICE. CHAP. XIII. 1361-1668. company at home or by our Gouern' here, which persons are willinge or desirus That the burthen may lie on other mens shoulders, soe as themselues may get free It is therefore enacted &c That all and euery person in this Island for the time to come that shall refuse to serue in any publique place or ofSce^ being lawfully chosen therevnto by the Hon'''^ company or Grouernor and Gouernm' here. That all and euery such person or Inhabitant soe refusing shall fBne or pay if Shierif, Secretarie, Councellor, or Captaine, Twentie pounds sterling. And all other inferior Officers chosen as aforesaid ffiue pounds Sterl pr peece And all such ffines so paid, to bee layd out for publique vses for the Country. (13) Wee the Gen'all Assembly haue receiued many Com- plaints from the Country as their Agreeuance. That whereas many Assemblies heretofore hauie made many good and holsome Lawes, and seuerall of the same Lawes hath by the Hon'''° companie bin confirmed, and answer thereof hath bin sent in their G-en'all Letters, but seldom above once or twise published in the Country It is therefore enacted &c That all such acts as shall bee by the Assembly presented to the Companie, and by them confirmed shall bee sent ouer in Print for the satisfaction of all the Inhabitants. (14) Whereas Capt" Josias fiforster hath made a modest Eequest to this present Assembly to discouer in some measure to your Hon*"^ Society his suffering condition, hauing soe long time serued as a Deputy Gouemor in this Island with incon- siderable maintainance for so high a place, and conceiuing some misinformation may be cause of distaste and hinder your Hon" intentions to reward his seruice. And experience teaching that the wisest (as men) may coinit an error and some slips may be in matters of Gouernmen'. Yet to the vtmost of our know- ledge the greatest preiudice hath been the expending himselfe to maintaine the bono'' of his place. Yet such is the miserie of our past and worst tymes that it is incident to some to de- praue others, thinking thereby to excuse themselues, and that wee feare hath befallen on the afore mentioned Gent. Wee therefore the Gen'all Assembly are humbly bold to make it our request That your Hon'"^ company would be pleased in the weake and feeble age of the said Capt° Josias fforster, In regard to his long faythfuU (and to himselfe chargeable) seruice to allow and send him some support which we referr to your wisdomes. (15) Wee the Assemblie well knowing the fidelity and courage of our now Goue'"nor Capt° fflorentia Seymor and as well the true affections of our Country to him Doe with one consent Eeturne most humble and heartie thanks to your Hon'"''' So- ciety for that most happy choyse, haueing full assurance of his PLEAS FOE SHIP-BUILDING 193 indeavours ffor the Hon"' of God your Hon"" Society and our ^3^^f- Country, pray his continuance, and ths ministers of the Grospel ,_- with him, and all conclude most happy, and begg a furder supply i^^f-iees. of such a ministrie (16) Wee the Gretfall assembly legally conuened after debate, vppon mature deliberation : wee are humbly bold to present vnto the serious consideration of the Hon'"° Company some reasons showing how the p.hibition for building of vessels in the Somer Islands is preiudiciall to the prosperity of the Plantation, with sum presupposed obiections answered iErst If the maritime places abound in shipping of their owne, the more the prosperity, and the richer the place, as is visible in the maritime parts of England Holland &c Then this Plantation which for want of vessels is yearly forced to be be- holding to New England and others to supply with salt earthen- ware and other necessaries at greate prise, and giuing small for our Coinodities, must necessarily be impouerished and our meanes exhausted, which by shipping of our produce might be preserued and increased 2ndly If discouery of forreign parts be to the increase of the honor of his Mat*^' Crowne & dignitie which none will denie* Then this Plantacion is reasonably furnished with Artists And is situated as conueniently for discouery as most of his Ma"^' subiects western plantacons 3rdly If it be profitable not only to discouer but also at an easy charge supply the place with planters and victualls &c Then this Plantacon by reason of its propinquity to the mayne Land, and the multiplicity of natiues by the blessing of God uppon generation here, and the increase of Cattell &c, is as fitt and coiiiodious as most of his Ma"^° westerne Plantacons, if wee had shipping of our owne The want whereof some of our late plantacons haue been sensible of, as S'" Lucia, Elutherea, &c Al- waies prouided that securiety be giuen to the Gouernor and Councell that the vessels built here shall be solely for the use and benefit of the Colony, and not to be disposed of otherwise But it may be obiected ffirst The Plantacon is bare of Timber and some Planters want wood to burne 2ndly If shipping should be built they woidd haue neither timber nor plantes for fortification To the first wee answer that couetiousnes was the first cause of the desert, by ther sale when time serued, or burning to make roome for Tobacco &c. and the remedy for this disease did much more increase it (videlz') the Prohibition, ffor who would be soe weake to plante and preserue that which will yield noe present profitt neither could enioy that to dispose of, the which, instead of pseruation hath caused VOL. II. 194 INJURIOUS EFFECT OF EESTEICTIONS. CHAP. XIII. 166f-1668. the destruction of abundance of young Cedars, and of much good timber, beside the great number of good old treese blown downe by winds, which perish and lie rotting on the ground in many places, soe that of Treese of great bigness can scarce be gotten sixe inches of Coopers Timber Moreover our late Grouern"^ hath giuen good example, if followed wee need not feare want of firewood, or of Timber to build with, IFor in Twentie yeares a plant well preserued may be good building timber 3rdly If there were sent sawyers to Roanoke, and other workemen to make it fitt for us, wee might be sufficiently fur- nished with great timber. Planks, and Pine masts, not only for shipping if they needed, but for ffortes. Provided wee have vessells of our owne to transport the workmen and supply the ships to bring hither their workmanshipp, and at a farr cheaper rate than England can be supplied from Norway. But some will haply say, if you had shipping of your owne it would cause a hindrance imto the Aduenturers Trade in Somer Islands and the magazine Shipp may retume unfreighted. Wee answer no. For there is a standing Law wch is dilligently observed, that no tobacco be exported out of these Islands until the magazine shipp be laden or refuse it. and for the Aduen- turers Trade wee shall much enlarge it, hadd wee vessells of our owne, by supplyinge other parts and pettie plantations with the superfluities of their own cargoes, wherebye they will be the sooner vended, make the better returnes yearlye ; and the magazeene shipp fuller freighted, with more considerable coino- dities, and we humbly conceiue that ffree holders here may uppon soe good accStipt dispose and seU their owne Timber This wee humbly present as our Eemonstrance according to our duties, as we conceiue tending unto the prosperitie, of the Plantation, the employment of our youth in nauigation where- bye in time they may be fitted to serue his Majesty and their Country, in places of more considerable employment All these afore expressed Acts agreements and remonstrances was done and confirmed within the limited time of the Hon*"'' Company this 28 day of January 166f (signed) Charles "Whitenhall Speaker John Wainwrighte Sevf Thomas Brereton Thomas Grriffen Sen'' Eoger Bayly Edward Brackley Edward Brangman James Starrop Henry Staluers Boaz Sharpe Richard Hunt George Bascome Anthony Peniston Thomas Plumer Christop. Burroes Edward Evans Samuell Whitney LIST OF THE ASSEMBLY OF 1663. 195 William Peniston Eichard Jennyns chap. Thomas Wells Edward Sherlock . ^I"- . Will. Williams ffrancis Watlington I66i-i668. Fflorentia Seymer John Deuitt William Sayle William Waylitt John MchoUs Sher' William Greenway ffrancis Tucker Henry Tucker Secretarie 3. The Company to Governor Seymour, Feb. 11, 166f . Capt Seymer, In our Greneral Letters dispatched and sent to the Deputy Grovernors of the Somer Islands, we have yearly and as occasion hath required, enjoyned and strictly commanded them to have an especial care. That no Tobacco be exported out of the Islands but in the Companys Magazine Ships ; and notwithstanding all our endeavours used, yet we find much of the Tobacco of the growth of the place to have been of late brought hither in New England and other Ships, to the glutting of the market, and the manifold prejudice of the merchant. Wherefore We do expressly charge and require you, that you be observant of these our former and this our present. command in that behalf, and that upon no pretence whatsoever, you suffer any Tobacco to be exported but in such ship or ships as shall be authorized by Commissions from us, to export the same out of the Islands, for which purpose, we have sent you a Copy of the Law long since made, of which we require and shall expect your punctual ob- servance. And thus bidding you heartily farewell, We rest, your very loving friends, J. Hetden Dep : Sam Harwar, William Graves, London Christoph Hussey, Nathaniel Smith, ll'Tebr: 1662 Ja: Browinge, John Hinde, Perient Trott, George Waterman. 4. At a Council Table, March 1, 1663. In pursuance of an order received from the Company, the late Governor,Captain William Sayle, was bound over in a recognisance of 1,0001. to answer a charge about words by him formerly spoken in derogation to the King's Majesty's power. The words, attested by Leonard White, Anthony Peniston, and others, were, ' That wee are here under a company and not under a kinge,' whereupon he 2 196 PERIENT TROTT ON BUSINESS. CHAP. XIII. 166S-1668. was ordered not to depart the islands until the Company's judgment were known. The Company cancelled the bond. 5. Extracts from a letter sent by Mx. Perient Trott to his agents in Bermuda on the tobacco trade, April 15, 1663. Grentlen With my love presented to you. Jenkins set sayle from tlie Isle of Wight directly to you the 24'''' Novem' last, I hope safe ■with you long before this tyme. Tobacco is a miserable Co- inodity throut the world, more Burmoodas in England then will sell this Two yeares. I pray take not a roll for me but what is gallant both for cutt & color as before I writ you, and hope you have don soe, if noe such Tobacco be made take none for mee, let others doe what they will, pray follow my order ; the London Shipp you may (God willing) expect to be with you about ffeb- ruarie next, and not before, the shipp will be long setting out this yeare, goeing now for Holland I know aboundance of goods will bee left in the Islands unsold, and doe not let that fond fancie runn in your minds as I conceive will possesse the Islanders, that the shipp now goeing for Holland this yeare will make Tobacco turn to be gould, the next yeare, they will be mistaken, there is such plenty of our Tobacco still unsold brought home in Jenkins severall yeares, and soe much this yeare brought to London from your Islands by New England Shipps with you last suiner, feeding the Markett since Michael- mus last almost every moneth, and such great quantities made at Virginia, that it cannot yeald any considerable price, and for this yeares Tobacco now exported home in Jenkins I am con- fident, by letters I have received lately, that did it cum for England, it is soe bade it would not yeald the charges, nor was taken out of the Custom House, I hope I need not say more unto you, then I have before declared unto you, if this should miscarry, and not come to your hands. And once more I say unto you. If the Inhabitants doe not make their Tobacco excel- lent and good, tliey will finde it will never sell neither with you nor noe where you can carrie unto in the world. I hope you will not bee angry with mee, that I declare unto you what you will finde, I have don what I can to keepe upp the price by ingrossing of it into my hands by buying of it yearly. But now it must seeke another Customer, the quantity hath beene soe much that hath bin made lately, and soe bade or indifferent (both qualities alike) that I can buy it noe more, and for an indiffertent role, I will not give for itt a Eow of pinns. Now I APPRENTICESHIP OF A COLOURED CHILD. 197 hope you are sufficiently forewarned and hath hin by letters this chap. two yeares, and therefore you have noe excuse if you send mee a ^^^^- , rowle, neither shall I accept of a rowle but what is good as be- 166|-1668. fore I have related. It is not your makeing of a rowle handsomly that will sell it, that is but one ingrediance, itt must be good stuffe, and well handled if it yealdeth anything considerable in the world, and if you doe not take now warninge, never expect more advice from mee in this kinde. And though som men may say this is alwaies the language of M"" Trott, and it maketh not much what bee writeth, but in shorte, if you doe not finde my words to be true before a 12 moneth be at an end, then say I am a folce Profett &° Your loving friend Pekient Trott. London ApriU 15* 1663. To M"' John Bristoe Provast Marshall in the Soiher Islands these presents. 6. Conditions of apprenticeship of a slave girl. Memorand. That on the Twentie Third dale of Male An° Dom : 1663, John Nicolls Sherriffe, by and with the Consent of Capt fHorentia Seymer Governo'' for the time being. Hath lett a little Molatto girl called Joanna the childe of Penellope a Molatto, the Companies Servant, unto M' Thomas Shaw of S' Georges Parish, to bee nursed and trayned upp in a Christian way. In consideration whereof he hath bound the said mollatto to live with and serve the said M' Thomas Shaw or his Assignes untill shee shall attaine to the age of one and twenty yeares of Age. In confirmation whereof M' NichoUs Sherriffe hath sub- scribed his name the day & yeare above written. And at the expiration of the said Joannas time aforesaid, shee is to bee allowed Two Suites of Aparrell. One for Sabbath dale, and the other for working dayes. Witnes my hand the daye & yeare abovewritten. John Nicholl Sher : Test : Hen : Tucker Secretie. 7. An example of a divorce under the Commonwealth has been already given (p. 46). Another case, decided by Governor Seymour, September 16, 1663, presents some singular features. Jane Grimsditch, wife of John Wells, to whom she was married in 1645, went as passenger to England in January 1657, and there contracted a bigamous marriage with one Miller, resident near Guildford 198 DISSOLUTION OF MAERIAGE. 1661-1668. ^3,^f- in Surrey. Her husband sued for a divorce, which was granted in terms that wholly annul the previous marriage. After reciting the facts and the non-appearance of the respondent, he proceeds : — I therefore fflorentius Seymer Govemo"' of the Islands afore- said, as much as in mee lyes, and the Lawes of the Kingdome of England doe permitt, and the decrees of Parliament not hin- dering, and haveing the feare of Grod before my eyes, do upon mature advise and deliberation of the premisses : I doe pro- nounce, decree and declare the aforesaid premised Marriage or rather the eflBgies & species of Marriage betwixt the aforesaid John Wells and Jana Grrimsdich, however hadd & done and de ffacto (though ineffectually) celebrated. To have been, and to be Null and invalid and to every effect of Law voyd and illegitimate both in the force & effect of Law. And the same I doe by these p^'sents, Null, invalidate and make voyd. And doe pronounce, declare, and decree the said Matrimonie for Null, invalid, illegitimate and of none effect, as much as in mee lyeth, and as far as the Lawes, Eights and Statutes of the King- dome of England doe permitt, and the Ordinations of Parlia- ment doe not hinder. In Testimonie of all and singular the premisses, I have hereunto sett my hand, and have caused the Seale of OfiBce to be hereunto afSxed the 15'" day of September, in the 15th yeare of the Eaigne of our Soveraigne Lord King Charles the second &c. An Dom. 1663 Floe. Seymer 8. At a Councell Table held at Capt Phillip Leas house in Paget's Tribe the 24*" day of September 1663. The Governour propounding to the Councell that the house erected for the proper use of the Sheriffe of these Islands, in the Infancie of the Plantation It being at present in a tottering condition and not worth the repayring. And hee conceiveing that the same taken downe, and it added to the Secretaries house for the cumfortable accoinodation of the Secretarie & his ffamilie for the future, will bee consonant to the Companies good likeing. It is therefore unanimously Ordered on the affirma- tive parte. And the said house bejng finished uppon the charge of the Geiirall Levie this present yeare, the Countrie not to be at any further charge for the maintainance or repayreing the game hereafter, but the Secretarie to kepe it in good repaire uppon his owne proper charge & cost. It is likewise unanimously thought fitt that the Secretaries OfiBce be remooved and kept in the Sessions house, prinsipally CHANGE OP PAGET PAEISH GLEBE. 199 for the better secureing the Records from the danger of ffire, the chap. which is more incident to a leaved house than to the Sessions . ^^^^- . house, which is Shingled.' 166§-1668. 9. At a Gen'^all Court held on Thursday the 22 Octob' 1663. Whereas Acland and Elizabeth Islands (formerly set apart as Gleabe for Warwick and Padgetts Tribes in the Somer Islands) are so seated, and stand so remote from the Church there, That if a minister should reside thereupon he cannot passe at all tymes, especially in foule weather and contrary windes, to serue his charge, as the duties of his place may require This court taking the same into its most serious consideracon, and intending to prouide against such inconueniencie for the future, and for the better accommodating the minister of the place, and promoting so pious a worke, wherein the bono'' of Almightie God, his worship and seruice, and the good of soules are so highly concerned, Doth ordain and appoint that the two shares of Land in Padgets Tribe, now in the occupacon of Thomas Brereton, being part and parcell of Three shares (heretofore leased to Nathaniell Deards) shall bee from henceforth appro- priated and annexed to Warwick and Padgets Tribes in the sayd Islands, and the Company do giue, grant, and make ouer the same to the said Tribes as a gleabe for euer. To be held and enioyed by the minister for the tyme being, and so by the minister to the said Tribes that shalbe successiuely designed and appointed signed Thomas Martin Secref 10. Settlement of the Carolinas. The Copie of a Letter signed by the Kings Maiestie, October 29, 1663. CHARLES REX Trusty & welbeloved. Wee greet you well. Whereas Wee have made a Grant of the Province of Carolina to our Right Trusty and Right welbeloved Cousin & Counsellor Edward Earle of Clarendon, Our High Chancellor of England, Our ' Bermuda was at this time visited by the Rev. Michael "Wiggles-worth, a pious divine of New England, author, among other things, of a poem called, the ' Day of Doom,' a versification of the Scriptural account of the Last Judgment, which was long very popular there. ' Afte' y" first impression of my books was sold,' says he, ' I had a great mind to go to Bermuda and . . . Providence made way for it wonderfully ... so wo set sail about the 23rd Sept 1663. It was a full month ere we got thither: by which long and tedious voyage, no doubt but I received much hurt, and got so much cold as took away much of y" benefit of that sweet and temperate air, and so hindered my recovery & lost me much of that little time that I stayed there.' 200 SETTLEMENT OF THE CAEOLINAS. CHAP. xm. 1661-1668. Right Trusty & Entirely Beloved Cousin & Counsellor Greorge Duke of Albermarle Master of our Horse & Captain Grenerall of all Our fforces, Our Right trusty & welbeloved Counsellor John Lord Berkley, Anthony Lord Ashley Chancellor of our Exchequer, and Sir Greorge Carteret Kn* & Bar* vice chamberlain of Our Household, Our Right Trusty and Welbeloved William Lord Craven, Our Trusty & Welbeloved Sir William Barkeley Kn' and Sir John Colleton Kn' & Bar', to be by them or the assignes planted & settled. And whereas Wee are informed that divers psons under your Groverment have a desire to goe unto that place & settle their, the Country being (as wee understand) proper & fitt for the production of those Coiiiodities for which Our other Dominions are not, and that therefore such removall will be noe wayes preiudiciall but rather advantageous to our settled plantations, by lessening the excessive increase of those Coinodities which they produce, which through their abundance have abated the prices to such inconsiderable sums that our Subiects (Planters or Traders therein concerned) cannot subsist by their labour and stock employed upon the same : ffor these reasons & many others, demonstrating a benifit to our selfe & Subiects, it is Our will & pleasure. That you hinder not any free and disengaged person or psons from goeing out of the Island of Bermudas to Carolina aforesaid, upon any p''tence whatsoever which is not sufficient to iustifle your refusall. And lor your permission of such their departure, this shall be your Warrant. Given at Our Court at Whitehall the 29* day of October 1663 in the 15"" yeare of Our Reighne, By his Ma"*' Coiiiand Will Mokn^ To Our trustie & Welbeloved the Grovernor of our Island of Bermudas for the time being, or whome else it may there concerne. 11. Observance of Nov. 5. Council, Nov. 5, 1663 Unaiiily Ordered, That according to the ancient & accus- tomed manor in these Islands, there shall be a Grunn discharged at the Mount, at the Kings Castle and the other fforts in Con- templaton of the grand Deliverance uppon the ffifth day of November &". ' After about 7 months & a half ... I began to think it better to return home. The Lord sent us moderate weather and brought us into Charles river in 12 days ... In some competent measure of Health.' A letter to him "written by Nathaniel White from the Overplus in Somer Islands, 12th of the 7th mo., 1664, is preserved in the library of the Massachusetts Historical Society.— Sibley's ' Har- vard Graduates,' 1873, i. pp. 140 and 272. THE GREAT PLAGUE. 201 12. The Plague of London. chap. Edgeworth, Middlesex, Novem. 14, 1663. leifTees. Capt" fflor : Seymer These may informe you and your Councell the sad judge- ment that God hath bin pleased to lay vpon Engl'' this yeare, especially London, by reason of our sinnes The Grod Almightie sanctifie it vnto vs and these nations & to the whole world Wee haue waited for Bargraue's coming from Ireland, who went tliither vpon his owne head, being tyed by the Articles to come directly from you to the Port of Lond : he aryued in Ireland the 17th August and is still there, as far as wee know Your Lett" sent to vs in the Porttle,' after aboue 9 weekestime (after his ariuall there) came to London, and now this day opened at Edgworth in Middlesex, haueing there called a court, by reason of the sickness in London But wee haue not time to answer your Lett" nor M"^ Wentworths our Husbands, by reason euery member hath a great call home to his countryhouse And wee haue not had a court before this since o"^ quart' Court in Easter Term Wee haue sent vnto you this our magazin ship called the Samuel of London whereof is masf vnder God Thomas Leech, wee desire and order you to cause to be shipped vpon the said ship all our oyle, and this yeares crop of Tobacco within the space of 14 days after her arrivall with you (winde and weather soe agreeing) that soe she may be despatched from you at the end of that time That shee may be putt to sea, and with God's blessing shee may returne to England, and soe to London before the spring that many enemies are abroad And this o'' Letf vnto you by him now sent, shall be of as much validity & force as if he had o"' coinission sig-ned with o'' scale as formerly o"^ masters hath had, which now cannot be done by reason o'' seale is at London in o"^ Courthouse that hath bin a long time shut vp. As soone as it pleaseth God to open a way for our members to meete freely & safely, you shall haue a p.ticiilar answer of y'' Letter And all men else that hath writ vnto vs, soe wee desire you to informe them all. Wee haue sent vnto you by this ship neere 100 ton of caske, hoopes, flaggs, twiggs, cordige, things whereof a p.ticular accompt M"^ Trott hath promised to send to you Wee desire you to giue order to go on with the whale fishing to kill and make what oyl they may, and take a great care that all businesses be so husbanded the most frugall way for the aduantage of all the aduenturers ' Sic. Probably portmantle oi' mail-bag. 202 QUAKERS SUBJECTED TO FINES. ^xiil' 13- General letter to Captain Seymour, Nov. 14, 1663. 1661-1668. (1) Bitter complaints are made against one Eargrave Com- manding the magazine ship for his ' preposterous proceeding ' in going ' without orders to Ireland, and there selling part of his freight for his own particular advantage, with some few others, as is well known to you, and us also, we having credible information of some of yourselves being adventurers in this his undertaking, to the great detriment of the Company in gene- ral.' The loss of the Company is made an excuse for not paying the ministers. The letter proceeds — (2) As for M' William Eighton and John Summersall the Elder, who hath by information been the chief Abettors and Countenancers of this Disturbance, both which persons we strictly order and Command you, forthwith to secure, and to send them over unto us, embarked in this our Magazine Ship ; they both appearing by your Letters now sent to us, to have been principal encouragers of this disturbance in our Whale Fishing. And so far as by information they may be instru- mental of some Mutiny in the Islands, which at this time by special Order from the Kings Majesty and his Council, we are to have special care to prevent. 14. Enactment against the Quakers. At a Generall Court held (in London) on Wednesday the 16th of Novem- ber 1663. ffor asmuch as the Court is giuen to vnderstand That seuerall persons in the Somer Islands doe refuse to appeare being lawfully summoned, or appearinge doe refuse to take their Oathe when iustly required, to the Contempt of Authoritye, the euadeing of proceedings according to Lawe And the great pre- iudice of psons that doe sue for their rights It is therefore thought fitt and ordered That all and euery pson or psons that frome henceforth shall bee Lawfully sumoned to appeare and to giue euidence, that shall refuse to make their appearance, or appearinge shall refuse to Testifie vpon Oath, shall for such Offences fforfeite six pounds sterl. To bee recouered by accon of debt in name of the Gouernor & Company The one halfe to bee payd to the Informer & the other halfe to the Sherriffe to be layd out for the publicke vses, and further shall suffer six moneths Imprisonment w^'out Bayle or maineprize Thomas Martin Seer. JOINT STOCK FOE WHALE-FISHING. 203 15. Eegulations concerning whale-fishing. At a General 9hap. Court for the Somer Islands Company, held Nov. 16, 1663. 1661-1668. (1) The Court ordered, that to p'uent that disorder that may happen to be in the tyme of the whale ffishinge in the Somer Islands, noe person or psons in the said Islands doe p'sume to goe out with his boate to sea to the said whale ffishinge while it is in accon but by direction of M"" James Grouldinge And by order from the Gouerno' & Councell in the said Islands, and all & euerye pson ofifendinge in the p'mises to forfeit all & euery such Boate and to suffer sixe moneths without Bayle or maineprize (2) Ordered that noe pson or psons in the Somer Islands Doe p'sume to fish for any whale in any of the Seas of the said Somer Islands, other than such pson or psons as shall haue com- missions and allowance for soe doeing by the Company Aduen- tureinge in the said Whale Fishinge And if any pson or psons shall take any whale or whales in or about the said Islands other than Comissioned & allowed as aforesaid Ordered that the Groue'"nor & Councell in the said Islands doe seize all such whales for the vse of the said Company of Aduenturers (3) Ordered that noe pson or psons shall after the takeinge of any whale and bringinge the same to Land Offer any violence to any of the Agents or Officers imployed by the said Company of Aduenturers in the whale fishinge, nor shall directly nor indirectly breake vpp, take, cary awaie, or conceale any of the sayd whale, or any parte thereof, whereby the sayd Aduenturers may in any kind bee defrauded of the benefitt of their Aduenture' And all & euery pson or psons offending therein shall for euery such offence forfeite Double the value of what shall be proued against him, her or them to haue been soe broken vpp, taken, carryed awaie or concealed And further shall suffer sixe moneths imprisonment without Bayle or maine- prize The said forfeiture to be recouered by accon of Debt in the name of the Gouernor & company here. And the one moyetie thereof to be payd to the informer and the other to be payd to the Sherriffe of the Islands to be layd out for the general and publicke vse (4) Ordered that The Gouernor & Councell in the Somer Islands Doe substitute the Sheriffe in the s* Islands for the tyme beinge, or some other fitt and able person to take care that all ' The robbery in view was partly practised to obtain a coveted delicacy. Parts of the whale are to this day a favourite meat of the coloured people, and also of many of the whites of Bermuda. 204 RESTEICTION ON SHIP-BUILDING. CHAP. XIII. 1661-1668, things be carryed on and p.formed in the s'^ vndertakinge of whale fishinge for the best advantage of the Aduenturers Thomas Makten Secretarie 16. Restriction on ship-building. At a Quarter Court, &c., held on Wednesday, November 25, 1663. -^ Whereas the building of shipps in the Somer Islands (if not restrayned by Law) may bee of euil consequence to the welfare of the company and Plantacon : as namely That the Timber of cedar by buildinge of shipps, will bee vtterly destroyed, That when the Inhabitants haue shipps of their owne, occasion will be giuen to steale and carry awaie the Tobaceoes and so the Com- pany deprived of their Dutyes The magazeene shipps sent from the company wilbee disappointed of their Freight, at least entertained at great vncertaintye, and lastly the members of the Company and owners of Lands here will loose their rents and debts and in a short time their whole estates, ffor preuention thereof Bee. it enacted and ordained And this great and generall courte doe ordaine and establish, That noe vesseU exceedinge flBve Tonns shall bee by any pson or psons vpon any pretence whatsoeuer erected or built in the sayd Islands without expresse order from the Company first had and obtayned, and if any pson or psons shall presume to erect any vessell within the said Islands exceeding ffiue Tons or vpwards. That vpon discouery and legaU proofe of the same to be taken before the Grouernor or any of the Councell there. All and euery such vessell to be forfeited & seized and sold for the vse of the company And out of the money to bee raysed therevppon one fourth parte to be payed to the party that shall giue the information. And the other three parts to be payd to the sheriffe of the said Islands To bee layd out for the generall vse of the Publique Thomas Makten Secret. At the same Court. Strangers, as New England and other shipps, are prohibited from taking wood for fyeringe from off the Publicke Lands by which meanes and vnder that Colour, the Cedar was exported 17. At a Court held November 30, 1663. The court being giuen to vnderstand That New England and other strangers importinge wyne and other Comodityes into the ' This Act must have followed some intimation of the Company's intention, having been anticipated hy the Assembly (p. 193). SALARY OF THE MUSTER-MASTER. 205 Somer Islands are pmitted to sett vp Boothes and Ware houses in " chap~ severall places of the sayd Islands to vend their Comodityes by xiil.' Eetayle, To the generall p"'iudice of the Plantation and to the I66i-i668. exporte of the mony there, Doe think fitt and Order, that noe pson or psons, other then the Inhabitants of the sayd Islands Doe p'sume hereafter to sell by retayle any Comodityes in any place of the sayd Islands. And in case any person that is a stranger shall offend herein. That all his or her goods soe offered to sale, shall bee forfeited and Seized and Sould. The one halfe to be payd to the Informer, and the other halfe to bee payed to the Sheriffe, To be layd out for generall and Publique uses. Thomas Marten Secretie 18. The Company to Mr. John Mcholl, Dec. 4, 1663. M' Sheriffe After our hearty maner of comendacons &", Your Lre to vs of the 15th of Aprill last past wee haue receiued, and doe thanke you for your more than ordinary cave and early and timely in- formacon in seuerall p.ticulars such as the duty of your place hath lead you vnto. As to what you pray in yotu own behalfe Wee haue taken the same into our consideracon in such a manner as wee conceiue to your present content. Wee haue ordered the sume of Tenn pounds per annum for executing the Office of Muster Master in the Islands, And haue payd to your assignes Tenn pounds for your Salarie for the same in the yeare past. Also wee haue payd vnto your assignes Tenn pounds for your sallary for the same, towards your want of servants in the last two yeares assigned you ffoure pounds and eleven shillings, the foote of your accompt money of the Companie rec*, in your hands, and more nyne pounds and two shillings oweinge by Atwood and others. And for supply of your need for tyme to come Wee haue ordered to bee sent to you ffoure seruants by this shipp Now wee doe and shall expect of you, a due execucon of our eomands from tyme to tyme. But principally your vtmost care and endeavour in carrying on of the whale fishinge And besides our orders to the Gouernor and Councell in that behalfe, we thinke iit to send you alsoe Coppyes of them that you may not be wanting to preuent any disorder among the Inhabi'" or damage to the aduenturers through ignorance of affayres Wee haue sent you also a Copy of the Law for takeing the toll of Gun powder and shott of shipps arriueing with you, the better to execute your place in that behalfe, for further p.ticulars Wee referr you to our Gen" Letter to the Gouemo' & Councell, and 206 THREE MORE SCHOOLS ESTABLISHED. ^xm' ^^^^ comittinge you to the protection of the Almighty wee r-^ rest 1661-1668. Your very louing friends J° Hetdon Deputy Signed by order of Court 4 Decern 1663 To our very lo. friend M"^ John MchoU sheriffe in the Sumer Islands these. Copies of the orders in Court ; dated November 16, are enclosed. 19. The Company to Captain Fl. Seymer, Dec. 4, 1663. By the ' Somer Islands Merchant.' Captain Seymer The Generall Letter from you and the council bearinge date in the Somer Islands the Tenth of Aprill last past, with the Acts of Assembly and severall other papers transmitted by our magazeen ship which safely arrived att the Isle of Wight the 7 June 1663, and afterwards proceeded on her voyage to Amsterdam in Holland, and since returned to London, came to our hands the 12 June aforesaid, And to your letters, and the other particulars, we returne you our answere as ffolloweth (1) Wee do approve of and confirm what is proposed by the Grenerall Assembly for the settlinge of three schoole shares (besides the ffree schoole) for the Education and Instruction of the youth of the Islands in Learning and Arts — ^viz one at the chappell at the overplus, one on a share of the ffree school Land in Warwick, and one other schoole at Bayleys Bay in Hamilton Tribe, which wee have setled thus. The rents of the Schoole Shares, being eight in numbers, besides the two Shares in Devonshire Tribe, in the occupation of Percivall Grouldinge, amountinge to Eight hundred pound of Tobacco, wee have proportioned to be payd by the respective Tribes To the Schoolmaster that shall be placed at the Overplus, Two hundred sixtie five pounds of Tobacco per Annum. To the Schoolmaster on the Share of land in Warwick Tribe, Two hundred sixtie five pounds of Tobacco per Annum. M' Hugh Wentworth holding the said share by Lease from us, is bound by Covenants to erect within the space of ... . yeares att his owns charge a compleate Schoolhouse thereon of two roomes, one of them with a Chimney, each roome conteyn- inge ffoureteene foote in breadth and sixteene foote in length, with tables, benches and other necessaries thereunto belonginge. ARRANGEMENTS ABOUT MINISTERS. 207 and to take wood from off the said share onely for effectinge chap. thereof, but not otherwise. v_^EjE_- To the Schoolmaster at Bay leys Bay in Hamilton Tribe Two leej-iees. hundred Sixtie eight pounds of Tobacco per Annum. And wee have Ordered that the Inhabitants of Smiths & Hamilton Tribes respectivelie, doe at their owne cost erect a Schoole house there, and keepe the same in good Eepayre, and have Timber for soe doeing from off the publique Landes. ffurther wee have Ordered, that you the Grovernour & Coun- cell doe nominate & appointe three well quallified persons to bee School Masters, and settle them accordingly till further orders, that the Sheriffe of the Islands (for the tyme beinge) doe gather the rents of Tobacco from those who are to pay them, and deliver the same out to each Schoolmaster according to his proportion, and that all or any of the Schoolmasters may (if they please) accompany the Sheriffe to see the same accord- ingly done. (2) The Acts of the Generall Assemblie wee fynde upon perusall soe imperfectly drawne and imperfect in the penning as not fitt for our p'sent Confirmation as you shall hear more from us in this respect hereafter (3) Wee haue according to your more than ordinary request to us for sending another minister, being of ourselues also most passionately desireous to complete the number for an exact survey of all the Tribes, Chosen and appointed M"^ Henry Vaughan Master of Arts of the Universitie of .... by our coinission to perform the Office of a minister to Warwicke and Padgett Tribes, and wee desier you to receiue and entertaine the said M"' Vaughan with all respect and encouragement befitting his calling, and wee take notice of the favours and ciuilities of Capt Sayle (when Grouemor) and the Inhabitants to M"' Samp- eon Bond, who in his letter to vs with expressions of much thank- fulnes doth owne and relate the same for which wee also thanke them, and further doe pray you the Grouemor and Council to afford vnto all the ministers (as opportunity shall call for at your handes) that countenance and respect which may with cheerfulnesse encourage them to discharge the Dutyes of their places, and wee hope wee need not presse this' vpon you having had soe fresh a testimonie of your demeanour. (4) We haue appropriated and annexed to Warwicke and Padgetts Tribes, in quality of a Grleabe, one of the Publicke shares in Padgetts Tribe in the occupation of Thomas Brereton. And haue giuen to same to the said Tribes for euer To be held and enioyed by the minister for the tyme being. . . . (5) Wee have Ordered that M' Vaughan shall have provided 208 WORKS OF FORTIFICATION. CHAP, for the accomodateinge of him & his family, a Cisteme of Tarris . ^^' at the Companies charge, if there shall not be a convenience of 166J-1668. water upon the place of his settlement. (6) We have payd all Sallaryes due to M"" White, M"^ Aber- crombie, M' Bond & M' Smith Ministers, of which you may take notice. Wee have according to your desire sent over Lex Mercatoria' & Doltons Justice of Peace to bee for Grenerall & Publike uses. (7) Whereas in your last to us, you propose that the Plat- forme of Southaton fort may be perfected, and the designe of buildinge a Stone Wall about the Kings Castle waved, in regard there will not be mony enough uppon Capt Sayles Accompt, to performe the same, although wee had formerlie written to make it upp fiftie pounds. Wee being of opinion, that the Castle Wall (when finished) will bee a worke of lasting service. Doe order that itt bee carryed on and compleated, and for the other, that itt be done at the Countryes charge, as wee had Ordered the last yeare, and soe intimated in our Gren" Lett'. (8) Wee shall not allowe of the Accompt of Capt Sayle wherein hee chargeth Tenne pound as paid to Doctor Thomas Browne sometymes Minister in the Islands, in regard the Com- pany had formerly payd what ever was due unto him. And whereas the accomptant maketh a rest of ffive pounds eleaven shillings in his hands, we have ordered that hee pay over the same unto you Capt Seymer, for the Compes use. (9) Wee have taken into our Consideration the request of the Gren^'all Assembly in the behalfe of Capt Josias fforster, re- comendinge to us his weake & aged estate. To the end wee might grant him some support & reward for his long past ser- vices for the Company &". And wee dee hereby signify unto you, that the Company by reason of vast expenses of late in sendinge over Ministers, paying their sallaryes, satisfyinge of many old debts & otherwise, are nott att p''sent in a capacitie to bestowe Gratuities, which if they were, Capt fforster should be among the first ranke of obiects in that kind. But in due, that is in short tyme, itt is hoped they may bee enabled in a bountifuU manner to answer the request. (10) Wee have payd unto M' Viners widdow Twenty pound. Also unto M"" Hoopers widdow Twenty pound, in full of all Salleryes due to their deceased husbands, respectively, in the ' Oonsuefcudo vel Lex Mercatoria, or the Ancient, Law Merchant. In three parts, according to the Essentials of traffic. By Gerard de Malynes, Merchant. London : 2nd edit. 1656. THE COMPANY FOR WHALE-FISHING. 209 tyme they officiated in the Islands as Ministers, of which you Chap. may take notice. -^^^^• (11) Wee have sent you over a Law against buildinge of Shipps in the Islands above flSve Tonns, which wee would have published, that all may take notice. 1668-1668. (12) ffor severall reasons, but principally to prevent the Grluttinge the Markett, and thereby the losse of the sale of the Tobaccoes, wee have Ordered That the Inhabitants shall not, under Colour of any order formerly granted, Shipp away the Tobaccoes of the growth of the year 1664, untill the ffifth day of Aprill 1665. But in case by that tyme no shipp sent unto them from the Company shall bee arrived at the Islands, then they are left att liberty to shipp in what vessell they shall thinke fitt, first secureinge the Companies Dutyes. And wee require you the Grovernor & Councell to take more than ordinary care. That in the meane tyme noe Tobaccoes be exported out of the Islands. (13) The amunion which you shall receive by the Shipp are Tenne Barrells of Gunpowder ffoure Drums. Twentie fower Drum heads & three payre of Drum sticks. A hundred or more of great Shott of all sorts. One hundred of Musquetts with match locks, ffive Loading staves. Seaven Partizans. Eight Halberts. One hundred Carthridge boxes. One hundred & fifty Grirdles. Halfe a Tonn Iron. Halfe a ffagott of Steele. And a hawser for the Castle boate, which you shall receive by Capt Jenkins. (14) The Inhabitants of the Islands haveinge generally re- fused to Joyne in the Adventure of Whale fiBshing (save some few persons excepted) who had given their order to others of you, now with us, to subscribe and pay on their behalfe. And wee haveinge given notice to all our Members here in England of the said undertakeinge, and many of them alsoe refuseinge. The said Adventure is nowe by the helpe of the Eight bono*'" the Earl of Manchester o"' Governor, of the Eight hono'"^the Earle of Devon, of our Deputy, and about 40 other Members of the Company fully concluded and setled. And in that respect the pportion of the Adventure to each person Adventuringe being the larger, and the losse more considerable, if the undertakeing should not take effect. Wee doe therefore require you as you respect our authoritie, or tender our welfare, to observe with all VOL. II. P 210 APPOINTMENT OF OFFICERS FOE THE ISLANDS. CHAP, exactnesse our Orders & Comands in that behalfe as by the en- . _ ^' ■ closed Copys you will pceive, and take especiall care to put 1661-1668. them accordingly in Execution, for this end wee require the Sherifife to be attendant on you the Governor and Councell more especially in the tyme of the Whale fishinge. (15) Wee have appointed M'' Hugh Wentworth by Coinis- sion from us to execute the place of Husband in the Islands on the behalfe of the Adventurers about the Whale fishinge. And in case of Mortallitie Wee do hereby give power to you the G-ovemo^ & Councell to substitute a Husband, with the like authority, hee first giveinge Bond in the Sume of Two Thousand pounds, that hee shall & will render a Just & true accompt of his oflBce & Imploym' & deliver upp all bookes, Accompts, money, goods, impleyments, & rights whatsoever, that shall or may come to his handes or shall or may in any wise belong to the Governour & Company Adventureinge in the whale fishinge to the Soiiier Islands. And that his Execute''' & Administ" shall & will yforme & give the like Accompt when they shall bee thereunto required .... (16) Wee have nominated chosen and appointed officers for the Islands as ffoUoweth viz. Captain Fflorentius Seymer Deputy Governor and Captaine Generall of the Somer Islands To whom wee haue sent our Comission of re-appointm' to the place for the space of two years to commence when the said commission shall come to his hands. Mr John MchoU wee haue continued sherriffe M"' Henry Tucker Secretary. Coimcellors Capt W" Waylet for Sandys Tribe Capt° Tho' Eichards for Southton Tribe Capt" Charles Whittenhall War : Tribe M' Thomas Wood for Pembrooke Tribe M' John Eawlins for Padgetts Tribe M' William Peniston for Smiths Capt" Geo Hubbard for Deuon Capt" John Hubbard for Hamilton Then follow the Captains of four Forts, of five Trained Bands and John Bristow, Marshall Signed Manchester Governor J° Hatbon Deputy London 4 December 1663 and 11 more 20. At a Quarter Courte &" held on ffriday the 4"' December 1663. Ordered that a late Order of this Company (a Copie whereof WHALK-FISHING COMMENCED. 211 was transmitted into the Somer Islands the last yeare) for ad- chap. vancing the price of Peeees of Eight, be in respect of severall . ^^^^- . inconveniences which are like to ensue thereby, wholy abrogated I66f-i668. and repealed. (Signed) Thomas Martin Secretary 21. At a Quarter Court ffriday 4"^ December 1663. Ordered that the G-overno'' & Councell in the Soiiier Islands doe cause strict search to be made for all Bookes, Grlobes and other thinges belonginge to the Publicke Library, whether in the hands of M"' Norwood or any others, and take an exact cata- logue of them, and returne a true copie thereof to the Company here, and cause them to be kept together in some publicke place, unless they the said Grovernor & Councell shall thinke fitt to dispense with any person or ysons to have them in Custodie to make use of them, hee or they giveing security to retuine them upon demand in as good condition as when they received them. Thomas Maktbn Secretie 22. At a Council Table, March 21, 166|. The Honor"" Companie (ffor and in behalf of some Members Adventureing uppon the promoteinge the designe of taking Whales in or about these Islands) haveing by their late Order of Court and by their GrenaU. Letter, recoinended the aydeing, assisting and adviseing Capt James Groulding, William Wilch & Miles ffrith to be harpooneers in that designe and imdertake, and the same to be put in practice and prosecuted by them at such time and seasons as to the Governour & Councell and them may bee conceived most comodious & advantagious. The Governor & Councell hath thereuppon unanimously Concluded & Ordered, with the free consent of the aforesaid Goulding, Wilch & ffrith, that they, with their Boates completely now gauged & fitted, doe begin the Interprise aforesaid to morrow the 22°'' of this instant March, and the same carie on (as winds and wether shall pmitt) untill Twentie dales (together) shall bee ended. And the said Boates Gangs to receive pay of M'' Hugh Wentworth (Husband for the Adventurers) as hee and they have agreed. 23. The Company to Captain Seymour, April 1, 1664. Capt Seymer (1) Your of the 4"* Julie 1663 wee have received, and by your last of the 14'" August, with the copy of your former of pa 212 TROUBLE TO RESTEAIN SMUGGLING. CHAP, the 4'" Julie wee are certified of yours & the Islands helth & . z^^^^" . prosperity with hopes of a plentifuU crop of Tobacco. This 1661-1668. Letter wee have sent you by the hands of Capt Phillip Lea in the Shipp called the Thomas & Elizabeth of Yarmouth, who hath our Coiiiission to bring from the Islands any Comodity (Tobacco & Cedar excepted). And wee being loath to hinder the voyage, or preiudice Capt Lea (who not being able to get Suretyes for a greater suine) have taken Bond of 300'" only for true performance. Wherefore, and in regard of our Chartparty & Articles to the Master & Owners of the Shipp Suiner Islands Merchant which wee would not in the least to have infringed, Wee do hereby strictly charge & require you That you suffer not (upon any pretence whatsoever) any Tobacco or Cedar to be exported in this ship Thomas & Elizabeth, save only 10 roUs of Tobacco of 20 pounds weight a piece for the Ships Company, and wood for dunnidge & kentellidge,' and for fiering to be spent in the voyage, the last wee have granted to be taken from off the Publicke Lands in the Islands but w'^all proportionable to a ship of 70 Tons or thereabouts, and such as you the Grovernor shall sett out & appoint, ffurther wee have granted to Hugh Bascawen Esq' (a worthy member of our Company) lycence to transport in this or any other Ship ten Tons of Cedar to be taken & felled from off his owne Lands in the Islands and to be em- ployed for his owne ppr use only, and not otherwise, his Agents producing to you our Order for transport thereof. And to the end that the pticulars above named may be exactly performed Wee doe require you & your Councell that you put aboard this ship all the tyme of her lading with you, two honest & able men (upon Oath) to watch the Ship day & night and diligently to search her at her coming out so that no Tobacco or Cedar may be brought away but what is allowed as above ; Ajid if you shall find any otherwise shipped, that you seize & secure the same and send us an accompt thereof by your next. And wee shall take care that the men so to be put aboard shall be paid by us what in reason they shall desire. (2) Wee thank you Capt Seymer for your frequent adver- tizing of us by Letters of the state of the Islands and doe pray you to continue so doing as often as opytunity shall serve. As soone as Capt Jenkins shall, (by the blessing of God) returne for England you may expect another ship speedily to be sent out from us to you, for convency of transport of passengers, and to bring away the next Crop of Tobacco to the most likely markett. (3) As wee had written unto you formerly, so wee do hereby ' Dunnage, kentledge — timbers laid in a ship's hold to stow cargo upon, or as ballast. THE EARTHQUAKE OF 1664. 213 againe require you & your Councell to use your utmost endeav- chap. ours, That the whole last years Crop of Tobacco, or so much ^■^^Hl- thereof as can be taken aboard, be laden upon the Somer Islands I66S-I668. Merchant John Jenkins Comand'', And wee hope that the planters have not made such Tobacco, that they dare not ad- venture to ship it hither on their owne accompt if the merchants there shall refuse to buy it. And if any persons shall wilfully refuse so to do, that you take especiall care that such Tobacco be not shipped in any other ship, neither any Tobacco of this yeares Crop untill the returne of our Magazeene ship which you may expect with you, by the blessing of God, in the middle of Aprill 1665 or sooner. And as in our last Gen'all Letter wee gave liberty to the Inhabitants to ship their Tobacco of this yeares growth 1664 on any ship after the 15"" of Aprill 1665 in case our Magazeene ship should miscarry or no ship be sent from us to arrive with you by that tyme, They seciueing the Companys dutyes after 1'' per lb for the Tobaccoes. Soe wee shall expect an exact performance of that our order, and a good accompt to be rendered by you in that behalfe. And thus Coinitting you to the protection of the Almighty wee rest, Your ever loving friends J. Haydon, Deputy. Nathaniel Smith. London William Graves. John Wright. 1^' Aprill 1664. James Browninge. George Day. Samuell Smith. Postscript Wee have taken into our consideration the several! charges of Capt Lea against Capt Sayle with the severall Depositions & defences thereto, and have ordered upon the whole, That all proceedings at Law or otherwise for any matters charged by Lea last yeare, Do cease untill further order from the Company. J. Hetdon, Deputy. 24. Earthquakes being very rarely experienced in the Bermudas, the following incidental notice of one possesses a special interest. Southey ^ records one which did considerable damage at St. Christopher's in this year, but omits the date : — Upon the 25'" day of June Anno 1664 being the Sabbath day, at 9 of the Clock of the forenoon, there was a great and fearfuU Earthquake which did shake churches and Houses, yea and the hearts of men too. — (Records of Port Royal Parish.) ' ' Chronological History of tbe West Indies,' ii. 214 AN EPIDEMIC SICKNESS, 1664. xia' 25. At a Council Table holden at S* Georges 1661-1668. April 19 1664. M"" Hugh Wentworth, Husband. Propounding to the Grouernor & Council in behalfe of the Aduenturers vppon the design of Whale fishing, to giue him aduise iTTipriTn'' Whether the Whale fishing shalbee prosecuted, or not : and whether the Harpooners shall imediately begin the said undertaking or not It Whether M' James Sayles Pinnall shalbee employed vppon that undertaking as formerly or not The aforesaid proposalls having bin taken into serious Con- sidderation. It is unanimously thought fitt. That the proseede aforesaid, bee forthwith sett on foote & prosecuted. That in regard M^ James Sayles Pinnase is conceived to bee more unhandie & unfitt for the attending the ffishing Shallops in the prosecution of their takeing of Whales, then a Shallop, (the which in a calme may be rowed with more facilitie then the aforesaid pinnase, and soe bee per consequence, more aydeing & advantagious in that designe then the pinnase aforesaid.) The employing of a smaler shallop or not employing one to be ayding to the fishing Shallops aforesaid, is wholy left to the dis- cretion of M"^ Hugh Wentworth himselfe, Husband. 26. By the Governor. A Proclamation. May 7, 1664. Whereas the afflicting hand of the Almighty hath bin iustly, as well as lately, stretched out against us and most of our ffamilies by sicknes and distemper of bodie, which is not yet wholie abated. And I, haveing very lately received Chris- tian premonition from our reverend Ministers, for the averting & absolute remoeving (if the Lord shall soe please) thereof. By appointing and setting apart a daie of Humiliation (the sovaraigne remedy for cureing any Epidemicall sicknes & dis- temper.) These are therefore (in discharge of my dutie, and in psuance of their desires therein) to Will and require all, and all manner of Inhabitants of these Islands, to repayre to the respective Churches whereatt the severall Ministers shall think fitt to appoint ; there to meete uppon Thursday the 12*'' of this instant Moneth, then and there duly and humblie to attend with them the worke of that day, more especially at the Church and in the tyme of meeting aforesaid. Whereof all manner of persons are hereby in his Maiesties name charged and Comanded to take notice and to yeald a redie' observation of the day and duty as aforesaid, (intended & sett apart for the glory of our FINES FOR ABSENCE FROM CHURCH. 215 Maker, and our spirituall and temporall good,) as they will chap. answer the contrary at their perills. And wholly to refrayne . ■^^"- . from all manner of bodilie labor and superflous acting, speaking, 166|-1668. or doeing that whole day. Given under my hand the 7th of May 1664 Fflor. Sbymer 27. At the Assizes, July 3, 1664. The Grand Inquest haveing presented severall persons resi- dent in the pticular tribes, and in St. Georges Parish ffor their declineing to cum to Church on the Saboath day. And more especially these underwritten persons with a note of distinction for absenting themselves constantly from the Church on the Lords day, more out of slothfulnes and debochednes then for any other cause whatsoever (videlct), Of Saudis Tribe John Loe & his wife. Nicholas Spenser. George Davis. Walter Pimcher. Richard Jefferies. And the maior" of the servants. Of Southampton Tribe M' Will Caxon & his wife. John Huett & his wife. John Sanders. Lewis Evans & his sonne. John Mekenny & his wife. Of Pagets Tribe Richard Kittleburroe Of Warwick Tribe John Bently. John Servant. Dorathy Gaplin. Of St. Georges Thomas Bayley Of Tuckers Towne John Browne & his wife Of Hamilton Tribe Will Nelmes Jun"" John Bedo It is thereuppon unanimously concluded that if persons comonly called Quakers, or those whose names are here resited, shall absent themselves from Church on the Sabboth day for the future (after one Admonition) they shall be proceeded against according to the Law, by paying 12* per day for every Saboth day they shall be absent, as aforesaid, And distress to be made as occasion shall present, for the same. Robert Varnell Sen'', Nicholas Spenser & Richard Jefferies 216 EEGULATIONS FOR NEGKOES. *^^P- of Sandis Tribe, presented for being Comon Drunkards, and ,— 1— extrem scandalous livers. ^~ ■ Censured to be made Infamous persons. 28. By the Governor. A Proclamation. July 2t), 1664. [Commences with the denunciation of vice and immorality in formal terms, which are already familiar, and proceeds :] The Eepresentative of our whole Islands haveing implored our speedily suppressing the insolent languages & cariages of the Negroes amongst us. We have thereuppon thought fitt and ordered, (for the satisfaction of all the Inhabitants.) That, (according to the Hon*^'^ Companies late order) all such able bodied ffree Negroes of these Islands as shall not make provision and engage to depart these Islands forthwith with Capt John Stowe, they shall be enforsed iinediately after his departure, to spend the remainder of their dales with such Masters or Mis- tresses as myselfe & Councell shall think fitt to appoint. And that they shall be in all respects annumerated & reckoned amongst all other Negroes brought into these Islands, and bought by any of our Inhabitants. And such other Negroes as have spent the strength of their youth amongst us, but now are become uncapable of labour (or shall be hereafter, It is thought fitt and ordered, that their last Master shall provide for them such accomodations as shall be convenient for Creatures of that hue and colour untill their death. But for such Negroes as shall bee soe bardie & audatious as to dare to rise upp against their Masters, or any English person or ysons whatsoever, (as som of late have dared to doe both in words & deeds.) It is unamsly concluded. That such Negroe or Negroes shall be speedily tryed. Convicted & Executed by a Councell of Warr. And a speedie colleccon made to the value of each delinquent that shall be executed, according to the Judg' of the Gover' & Councell for the time being. To be levied proportionably amongst such Masters through the whole Islands as have Negroes, at soe much y hedd in each family, according to a Bond (speedily to bee drawn upp by the Secretarie) to be left in the hands of the Counsellors of the respective Tribes, the same to be formally signed before them the said Counsellors. And as for such Masters as shall refuse to subscribe & submitt to this afore resited Motion & Determination, they are hereby to take notice, that if any such Negroes as are in their Custodies shall mutinously rebell, rise upp against in an hostile manner, and draw bloud, or destroy any English person whatsoever here- after, they are not to expect any manner of releefe for the loss RESTRICTIONS ON NEGROES. 217 of their Negroe or Negroes offending as aforesaid, and executed ; *Sf?- As those that shall subscribe shall have and enjoy. And in the • ,— !— interim let all Officers, Masters of Negroes or others in these I66S-I668. Islands, take notice, that whatsoever Negroe for the time to come, be mett withall by night or by day in any other Tribe then where his or their aboad is without a Tickett (unless they bee waiting on their Master or Mistress uppon the Saboath day or other) they shall lie lyable to be forthwith whipped by any Officer, or such other person as hee shall appoint. Hereof I doe straightly charge & Coinand all Officers and others whatsoever to take notice and act according to the premises, as they will tender their owne good and the Grenerall good of us all, for the further and future promotion of Gods Glory, and the peace and happines of all persons, both publicke & private in these Islands. Given under my hand July the 26"" 1664. FFLOE : Seymeh. 29. At a Councell Table held at S* Georges, the 17'^ day of August 1664. UnanTsly Ordered. That if Josephus the Mungrell Chirur- gian shall persist in frequenting the house or society of the Widdow Marie Long, that soe often or when soever hee the said Josephus & Marie aforesaid shall bee found together (especially after one Admonition given unto her to refrain his society) that they shall, both of them, lie liable, by the Counsellor of Devon- shire Tribe, to be whipped according to this order, as hee the said Counsellor shall think fitt. It being further Ordered that the said Josephus doe provide for his departure out of these Islands by the seventeenth day of November next ensueing. And that Capt George Hubbard doe demand & receive of him One pound fifteene shillings sterl, for the use of Edward Grase- buries daughter, of Hamilton Tribe. 30. Indictments of Negroes for serious offences. (1) The Jurie for our Soveraigne Lord the King doe present Peter a Negroe man, servant of Capt William Waylitt of Saudis Tribe, for that he the sayd Peeter not haveing the feare of God before his eyes, did, in or about the 24* of Julie last past by force of Armes, contrary to the peace of our Soveraigne Lord the Kinge, enter into the Boate of William Burch of Saudis Tribe, as shee lay at Eoade in Hogg Bay, and the sayd Boate with her Masts, Sayles and other app''tenances to her belonging, did take, steale and convay away. Which sayd Boate and fur- 218 NEGROES EXECUTED. CHAP. Xlir. niture is prised at 50°- Peeter, is contrary to Which sayd practice of the aforenamed the peace of our Soveraigne Lord the 1661-1668. Kinge, bis Crowne and dignitie, and contrary to the forme of the Lawes and Statutes in that case provided. On which Indictment the aforesaid Peeter was, by a Jurie of 12 swome men found Gruiltie (although hee did not, or rather would not, plead Not Guiltie &°) and executed at Coblers Island the 22"* day of the aforesaid Moneth. (2) John or Jonne, the Negroe servant of M" Anne Kennish of Southamton Tribe Indited formally at the same time (hee the said John or Jonne being Consort with the aforesaid Peter, Capt William Waylitts Negroe servant) was likewise found guiltie by the Jurie of 12 swome men aforesaid. And the sen- tence of death was likewise pronounced against him. But the Grovernour in mercie was pleased to Eeprieve him, and uppon the Sheriffs motion, made executioner for Negroes for the time to come (3) The Indictment of black Mathew, the negroe youth of John Welch of S' Georges parish. The Jurie for our Soveraigne Lord the Kinge doe present black Mathew, a Negroe servant youth of John Welch of S' Georges, for that hee not haveing the feare of God before his eyes, did, perforce of Armes, contrary to the peace of our Sover- aigne Lord the King in or about the 20"" Julie last past, breake in and enter into the dwelling house of M"^° Hanna Hollowaie of the parish of S* Georges. And the said Hanna Hollowaie per him the said Mathew, was much affrighted. All which is against the peace of our Soveraigne Lord the Kinge, his Crowne & Dignity and Contrary to the forme of the Laws & Statutes in that case provided. The aforesaid Mathew was likewise formally Indited, for that hee did, by force of Armes, contrary to the peace of our Soveraigne Lord the Kinge, feloniously break out of the Coinon Goale, all which is against the &" To which Indictment hee pleaded Not Guiltie, and for his Troyall put himself uppon God and the Country, which Country beeing a Jurie of 12 Sworne men found him Guiltie. And hee was accordingly Executed at S* Georges the 22"* day of August, and his hedd (by the Governours order) severed from his bodie & fixed uppon a poles end at Stocks Point. 31. Death Warrants addressed to the Sheriff, August 19, 1664. To M"^ John NicoU of Somer Islands. By the Governor. (1) These are to will & require you, and in his Maiesties Name to Charge and Comand you, that uppon receipt hereof. A negro's head exposed. 219 you cause black Peter to bee convayed from the prison unto the chap. place of execution a:t Coblers Island, and there to be hanged .. . ^ •_, untill he bee dead, according to the sentence pronounced against I66|-i668. him at the last Sessions & Goale deliverie held at S* Georges ffor which your soe doeing, this my warrant shall be your suffi- cient discharge. Given under my hand at S* Georges the 19*" day of August 1664. And it is further Ordered, that after the execution of the said Peter, that his head be severed from his bodie, and his head fixed uppon a spicke uppon the topp of the Island to the terror of all slaves that shall hereafter attempt the like feat and offence FFLOE. SeTMEE. (2) These are to will & require you, and in his Maiesties Name to Charge and Coinand you, that uppon receipt hereof, you cause black Mathew to be convayed from the prison to the place of execution, and there to be hanged untill hee be dead, according to the Sentence pronounced against him at the late Sessions & Geoale delivery, ffor which soe doeing, this my warrant shall be your sufficient discharge. Given under my hand at S' Georges the IG''' day of August 1664 FFLOK. SeYMBK. 32. Eeprieve on condition of becoming executioner. To M"^ John Nicoll Sheriff of Soiner Islands. By the Governor. Whereas you have humbly requested the reylievall of John or Jonne, condemned at the last Session of Goale deliverie, held at S' Georges, to be executioner for other condemned Negroes now or hereafter to be executed. These are therefore to authorize you (uppon your aforesaid request) to reprieve the said John or Jonne, and him to take for to be the publiek executioner for Negroes. And for your soe doeing this shall be your sufficient Warrant. Given under my hand at S* Georges August the 22"* 1664. FFLOEENTItJS SeTMER. 33. An act of Spanish aggression on the High Seas, September the 8'^ 1664. (1) The Attestation of Thomas Shaw Master of the Vessell Eurmoodians Adventure Sworne Saith, That in his last voyage 220 A mbrcee's stocic in trade. CHAP, home to Sofner Islands in his aforesaid Vessell Cuming thorow . '^^}^' . the G-ulf the first day of August last past, Two Spanish Vessells 1661-1668. chased his aforesaid vessell, And after one of them overtooke him, he the sayd Shaw was Coiiianded aboard, and the Spanish Coiiiander findeing Two Indian men (which M"" Anthonie Peniston had bought of Thomas Stedman of Jamaica) aboard the Bermoodians Adventure, The Spanish Coinand'^ said that those Indians were the King of Spaines Subiects, And withall tooke them from aboard the aforesaid vessell and carried them awaie with him. And further saith not. Thomas Shaw. Test Henet Tucker Secretie (2) James Newbold & Timothie Grasburie Mariners have averred upon Oath that the above mentioned Indians were taken into the Bermoodians Adventmre at the Chiamanas, the which Indians were shipped by M'' Anthony Peniston aboard the vessell aforesaid, but were taken away by a Spanish Coinander, and the Spanish Interyf did say that they were the kinge of Spaines Subiects. And sayd likewise that they that sould them had nothing to doe with those Indians to Sell them. And further &° James Newbold. Timothy G-kasbdhie. 34. That the fair Bermudians of this period by no means neglected their personal adornment may be gathered from the stock of a mercer, which comes here- abouts to be appraised, and is svporn to Sept. 20, 1664. Plate-lace at 5s. %d. per yard was probably provided for the uniforms of the officers of Trained Bands, as may have been camilets at 4s. per yard. Silk at -Ss. 4c^. a yard sounds feminine, as does black and yellow ribbon 2s. per yard, mingled-coloured satin ribbons 10 J. and Is., silk-coloured taffeta, violet and crimson taffeta ribbons at 8(i., straw-coloured satin ribbon at 6(i., silk and silver buttons at Is. a dozen ; in short, almost all the items which compose the stock, down to two dozen trenchers valued at only Is. ^d. (perhaps for 21s. 6^.) Cheaper finery, however, was to be procured in loose lace at \d. per yard, and statute lace at \d. per yard. Glimpses of domestic life are so rare that it is perhaps not too late to revert here to one of Roger Wood's letters,^ which ' No. 86, probably dated 1634. A NOTARIAL PROTEST. 221 proves that the maidens of Bermuda did not adorn them- chap. selves in vain. He is referring to one Trussell, a passenger ■ — ,-^— blown up in the ' Sea Flower,' whose wife and children, i^^^"^^. being ashore, escaped his fate, and the widow afterwards married one Peter Lane. By whom, he proceeds, having no . children, this base knave grudged every bit of bread or potatoe her daughters put into their mouthes, beeing two very pretty girls, being the eldest whose name is Sally Trussell my wife took into my house some 4 yeares past, and nourished her as her own daughter. And myselfe taking notice of the conditions of the mayde beeing not 1 6 years of age, and a handsome wench, I married her to my wifes sisters sonne called John. A pretty ingenious yoimg man as is in these Islands, and by trade a Shippe Carpenter and a good workman. They were married on the 28th January last, and she was the prettyest bryde that I ever saw in the Som' Islands. To whom I proniised before marriage the first cowe calfe I have for stock for her. 35. A Notarial Protest, Sept. 26, 1664. Somer Islands als Bermuda. Capt John Jenkins Coiiiand'^ of the good shipp Somer Islands Merchant of London now riding at an anker in the Castle Harbor in the Islands aforesaid, Hath appeared before me Henry Tucker Secretie of the Islands aforesaid And in my office in behalfe of himself e and of the owners of the aforesaid Shipp, Hath formally entered a Protest in manner and forme following the 26"" day of September in the Sixteenth yeare of the Eeigne of our Soveraigne Lord Charles the Second of Eng- land &■= Kinge An" Dom : 1664. Imyis. I doe Protest in the behalfe of myselfe & Owners of the Shipp aforesaid against the Hono"'^ Company of Adven- turers for the Soiner Islands, ffor all damages that wee shall receive by the non-performance of their Contract, which is, That wee should have all the Tobacco of the growth of Sofner Islands aforesaid made in the yeare of our Lord One Thousand Six hundred Sixty and three. 2'^ I doe prtest in behalfe of the Hono"'* Company against the Inhabitants of the Soiner Islands, or as many of them as shall refuse to Shipp their Tobacco on board the shipp Soiner Islands Merchant In that they doe hereby make the Hono''"' Companie uncapiable of performing their Contract with mee and with my owners aforesaid. And also uncapiable of supplying the afore- said Islands with amunition and other necessaries fitt for the accomodation and defence of the said Islands. And alsoe un- 222 WEECK OF THE ' FRIENDSHIP.' ^Bj^F- capiable of paying the Ministers of the Grospell in these Islands , '. ' their Salaries. 1661-1668. 3iy I doe Protest in the behalfe of his Maiestie, the Hono"'' Company, myselfe and Owners aforesaid against the Deputy Governor now resident in these Islands and his Officers, for all Tobacco that they shall suffer to goe out of these Islands after the departure of the Shipp Soiiier Islands Merchant without Lycence from his Ma"°' Custome house in London, and also from the Hono*'° Company Comissionated soe toe doe, by their Legall Seale. In Testimonie of the formall performance of the premises by Capt John Jenkins the Comander of the Shipp Soiner Islands Merchant the 26'" day of September An" Dom 1664 aforesaid, I have hereunto sett my hand in my office at S' Georges in Soiner Islands aforesaid Henry Tucker Secretarie. 36. An example of Merchant Shipping Law. Somer Islands als Bermudas, December 7, 1664. Whereas Josuah Maye of Eedriff in the Countie of Surrey, Comander of the good Shipp ffriendshipp of London, did shipp upon the aforesaid shipp, in order to the performance of A voyage to the Cape de Verde Islands, and Barbadoes and other port or ports in America, A Company of men whose names are underwritten, at the Monethly wages there spesified. And that after the Deliverie of our proceede of our Cape de Verde Islands voyage at the Barbadoes, And being, according to our orders, bound for New England, was, by extremety of wether forsed uppon the sholes of Bermudas, And there unhappelie Cast away uppon the 16'" day of October 1664. Whereupon the Shipps Company of men have required & demanded their severall wages of mee the sayd Josuah Maye. And in regard of loss of the shipp and the maior pt of her takle and her furniture, am altogether uncapiable of answering their demands. I have thought iitt, after serious Consideracon and good advice, to Certifie unto the Gentlen the Owners of the sayd shipp, or else whome it may Concerne, That these men under nominated. Served uppon the said Shipp from the 9'" day of May 1664 till the 20'" day of September last past. Our Cape de Verde voyage being then performed. In Testimonie of the trueth hereof I have signed this Wri tinge in the presence of the Hono"'" fflorentius Seymer Govern' of Bermudas, and the Worsh' Henry Tucker Secretarie of this said Island, this 7'" day of Decemb"" 1^^^ Signed Joshuah Mate ILLEGAL FISHING FOE WHALES. 223 Is B d CHAP. Samuel Duinge Mate & Chirurgian . . 3 3 pr moneth xiii. ' Charles Staplin Carpenf for . , .230 „ 1661-1668 John Mansfild boteswaine for . . . 1 10 „ George Parr Grun"' 16 „ and 7 seamen at 18s to 24s per month FFLOK Sbymer Govemo'' Henby Tucker Secretie. 37. At a Councell, 9* May, 1665. The Governor about the middle of Aprill last past, being then informed by credible persons, that some of the Inhabitants were providing to goe out to sea with a Boate fitted for the takeing of whales, contrary to the Companie of Adventurers for Whale fishing express order. Hee thereuppon published a Declaration tending to the dehorting the Inhabitants per- severing in that their unwarrantable undertaking. Nevertheless some refractorie spiritts have (poynt blank contrary to the second branch of the said Companies Order) presumed, uppon the third day of this instant May, to goe out with the aforesaid Boate at the West end of these Islands, and have taken & brought in a whale of about 20 foote in length, as hath bin iudged and confessed by the underwritten delinquents, and the same have subdivided & carried away. The premises therefore, haveing bin taken into serious consideration by the Governour & Councell aforesaid, The said parties have bin unanimously cen- sured to restore the produce of the blubV of the Whale by them taken, and it to accrue to the benefitt of the Companie afore- said. And by pluralitie of voices the said psons are censured to lie in prison one complete weeke for their acting as aforesaid. M"^ James Sayle, Seth Place, Samuell Somersall, Nathaniel Binder, John White, Thomas Tailur, Nicholas Spencer, Jun', Abraham Atherlie. Censured (as followeth at the time and place aforesaid.) By the Secretarie, for their slighting the Governors Dehor- tation formally published, to lie in prison three dales. And to restore the produce of the Blubber of the whale by them taken, to the Sheriffe for the use of the Adventu" for Whale fishing. By Capt Jo : Eawlings the sherrif, and two more to lie in prison one complete weeke, and to restore the produce of the Blubber according to the Secretaries Censure. By Capt Thomas Richards, to lie in prison 6 dales, and to restore the produce &". By Capt Charles Whetenhall and two more to lie in prison one moneth, & the Companies Rights to be by them restored, or 224 SALE OF AN INDIAN SLAVE. CHAP. XIII. 1661-1668. else to lie in prison 6 moneths, with the remark that according, to the first branch of the Companies Order, they deserve to lie in prison 6 moneths without Bayle or Mainprize. The Grovemor's censure is for one month's imprisonment with restitution. 38. Articles of agreement concerning the sale of an Indian slave, May 23, 1665. Know all men by these presents That I Capt Robert Down- man of Stonehouse in Devonshire Mariner, ffor and in consider- ation of a Shallop sufficiently fitted with Masts, Sayles, Owers & Rudder, to mee payd and delivered formally by M'' Anthony Penniston of Soiner Islands Merchant. Have bargained, sould, assigned & sett over One Indian man called ffransisco (about 30 yeares of age.) To have & to hold the s* Indian to him the s* M"" Antho : Peniston, his Heires, Execut" Administrate or Assign es, from the day of the date hereof if or & during the Terme of 99 yeares (if he shall soe long live.) And further I the said Capt Robert Downman doe firmly bind myselfe, my Execuf^ and Administrate by these presents in the penall Some of Thyrtie pounds Sterl to save & defend the said Indian man to him the said M' Anthonie Penniston, his Execut" and Assignes, against all persons whatsoever Clayming the sayd Indian by vertue of any former Contract, or Condition whatso- ever. In witness whereof I have hereunto sett my hand & Seale the SS"* day of May, in the 17'" yeare of the Reigne of our Soveraigne Lord Charles the 2°^ of England &" Kinge An" Dom : 1665. Robert Downman. Signed, Sealed & delivered in Tucker Henry Tucker Secretarie. the presence of us John 39. Further illustration of the practice of divorce. The following is recorded, without any reason assigned, the year 1677, but belongs to this place : — A Divorce, 17 January, 1664, Somer Islands. Whereas in the year of our Lord 1663 Thomas Parrett and Jane Coresie of S* Georges did address themselves to me ffloren- tius Seymer Grouern' of these Islands Craueing Lycence to be marryed And myselfe and Secretarie of these Islands (as well as other persons of good Report resident in S' Georges Parish of Somer Islands aforesaid) did then again and again dehort the said parties from marriage vppon seuerall grounds and consider-. "WAR WITH HOLLAND, 1665. 225 CHAP. XIII. ations by vs then alleaged vnto them Yet neuertheless the aforesaid Thomas Parrett and Jane Coresie then persisting in that their vndertake They were by me vnhappelie (though sore 166|-1668. against my free approbation) allowed a Lycence and were suf- fered to be married Since which time of their marriage The aforesaid persons (to the great dishonour of Grod, and distur- bance of Grouernment as well as to the apparent preiudice of themselves, haue liued after a most vnchristianly manner, by their frequently quarreling and fighting Insomuch that the aforesaid practices haue produced such ill effects that they the sayd Thomas and Jane haue this instant 17th day of Januarie An° Dom 1664 appeared before mee and haue freely declared That they the said Thomas and Jane will for the time to come liue apart, both from bed and horde. And moreouer That hee the said Thomas Parrett will not for euer after laie clayme vnto, take, or carry awaie any Chattells whatsoeuer as are in or about their dwelling House, or in her possession at present, or shall be for the future And it is further agreed vpon by and betweene the aforesaid parties That hee the said Thomas Parrett shall not take awaie from the aforesaid Dwelling house, any other necessaries, than what is therein remaining at present, iiiiediately and properly belonging vnto his proper person videlzt his clothing and his Tailor's impliments The which p""mises, hee the said Parret is to receiue forthwith. And M"^ Henry Tucker Secretarie and M'' John Bristow Prouerst Marshall (By the aforesaid parties free consent) to see the p''mises pformed And hee the said Thomas so to depart from the said Jane ac- cording to their p''mised expressions and resolutions In witness of the full p.formance of the p''mises the aforesaid parties haue herevnto sett thier hands and seales the dale and yeare aboue written In the Presence of vs Thomas Paeeett vs Fflokentius Sbymek Grouern'^ Henkt TtrcKER Secret'^ The f mark of Jane Paekett. 40. Announcement to the Company of War with Holland, Jan. 28, 166f CHARLES E. Trustie and well Beloved. Wee greet you well. Although Wee cannot but doubt that upon the knowledge you have of the manie wrongs & iniuries which Wee & our Subiects have suffered from those of the United Provinces, and the constant evill mind they have borne to the welfare & prosperity of our Plantacons abroad. You have been soe carefuU of those under your Coiiiand or care, as to put them into a more than ordinary VOL. 11. Q 226 COLONIAL SELF-DEFENCE. CHAP. XIII. posture of defence. Yet because the Indignities, Spoyles & Affronts they have don us have encreased lately to such a height 1661-1668. as leave us (after soe many demands and frequent instances made by us unto the States Generall for Satisfaccon) without hope of other redresse or reparacon then what wee can acquire by the Lawe of Armes, Which they have soe notoriously begun upon us on the Coast of Gruinny, De Euyther being sent thither with Twelve Ships of warre to destroy all our Interest in those parts, and, as wee have cause to suspect, in his returne to invade all Shipping hee can meet with, and assault those our Islands & plantacons & all other our Plantations & Colonies. And im- derstanding further, that a considerable number of private Men of Warr are now preparing in Holland to be sent towards Our said Islands & Plantations to seize & doe all the violence they can there. Wee have thought fitt out of Our Princely care & regard to the safety of that and other places soe remote from us, to require you to use all possible diligence for their security, by causing fforts to be built in all necessary places, & by all other meanes which you shall finde most expedient. And be- cause som skillfull persons here have represented unto us the necessity of Merchant ships to be haled neare the Shoare & ffasts carried to the shoare, from whence fforts & small shott may easily defend them. And likewise that all such ships which shall com thence bee enioyned to sayle in considerable numbers for their coinon security, and that then, and even dure- ing their stay there, it will be fitt some of the most experienced officers have authority given them to Coinand the rest. Wee have thought fitt hereby to authorize and impower you to do therein, what, according to this or any other emergencies, shall appeare to you to be most for the safety of our Islands and Navigacon of our Merchants, ffurther, that in other matters re- lating to the Jurisdiccon of our most Deare Brother the Duke • of Yorke, Our High Admirall &", you observe such Orders & direccons as you shall from time to time receive from him, whom Wee have Commissioned to grant Letters of Marque & generall Eeprizall against the ships, goods & Subiects of the States of the United Provinces, Conformable to which Our Will & pleasure is, that you take & seize the ships, vessells & goods belonging to the said States, or any their Subiects or Inhabi- tants within any their Territories, and to bring the same to Judgment according to the course of Admiralty & Lawes of Nacons. And these our Letters that you Coinunicat to all Our forreigne Plantacons your Neighbours by sending Copies to the Respective Governors thereof, to whome wee have also written to the same effect, Our pleasure being, that with all care & appli- cacon possible, they arme themselves against the dangers which MILITARY PRECAUTIONS. 227 threaten them in this Coniunction from such an enemy, and pro- chap. ceed according to these our directions & such as they shall . '_- receive from our most deare Brother. Assuring them and all 166^-1668. Our loving Subiects in those parts, that Wee shall not be want- ing on our part on all occasions to helpe and succour them to the Utmost of Our Power, And to contribute all possible meanes for the Security and Improvement of their Trade and Coiiierce in all our Plantacons. And so Wee bid You farewell. Griven at Our Court at Whitehall the 28"" day of January 166f in the 16"'yeare of Our Reigne. By his Maiesties Command Henry Bennett To our welbeloved the Grovernor and Company of Bermuda Islands. 41. Instructions to the Governor consequent on the war with Holland. At a Quarter Court, &° held on Thvirsday 9*^Febr: 1664 The Court being given to understand, that upon the approach of any ship or vessel on or near the Coasts of the Somer Islands, the Inhabitants there are wont in great numbers to go out with their boats aboard such ships or vessels, which may be of dan- gerous consequence to the security of those Islands in the time of iminent war and trouble. For prevention thereof, this Court do order that no person or persons within the Somer Islands do presume to go out with his or their boats aboard any ship or vessel on or near the Coasts of the said Islands, other than such boat and persons as shall be licensed for so doing by the Governor and Council in the said Islands, and that every person offending therein, shall forfeit and lose his or their boats to the use of the said Company. And further shall suffer one weeks imprison- ment without bail or mainprise, or more, as the nature of the offence may deserve. And the Governor is to take care that this order be forthwith published throughout the Islands, to the end all persons may have notice and conform themselves there- unto accordingly. 42. Extract from General Letter, March 1, 166f, con- cerning Elizabeth Carter. (1) Wee haue been credibly giuen to vnderstand that a woman stranger lately come into the Som"' lids doth take vpon her to preach, to the great disturbance of the people and the discouragement of the ministers and wee do require you the a2 228 PROCEEDINGS AGAINST QUAKERS. CHAP. Grouernor and Councell to take especiall care that all such per- . ^^j^' . sons as shall disturbe the publique peace, or shall vilifye affront 1661-1668. or otherwise disturbe the ministers there, while in the publicke exercise of their ffunction, be strictly and severely punished as the Lawe requires which we haue herewith sent you And that the woman aforemenconed be speedily sent away out of the Islands And that care be taken to prevent the comeing of any such persons into the Islands for the future. (2) The History of the Quakers records an instance of their persecution about this time, not preserved in the Colonial Eecords. Anno 1665. Several of them being assembled to wait upon, and to worship Grod, at the house of one William Wilkinson in Pagget's Tribe, on the fifth Day of the Week, on which Day a Captain of the Militia, named Dorrell, was exercising his Soldiers in their Arms. By his Direction eight of his Musquetiers came armed into the Meeting, and rudely took several of the Men assembled out of the Meeting, and carried away two of them, viz Eobert Wilkinson and Francis Estlake, into the Field, where they charged the said Francis with Neglect of Duty in not appearing among them in Arms, and under that Pretence tied him Neck and Heels together, which Punishment the said Cap- tain Dorrell threatned to inflict on him and others of his Per- suasion as often as they should neglect what he called their Duty, for the future. But his wrathful Purpose was restrained by the Power of God, and he was not permitted to proceed with such extream Cruelty and Eigour. 43. Nurture of negro children Soiner Islands the 2"* March 166|. M' Secretarie Whereas Lieft John Elwicke, hath a Negroe woman belong- ing to the Hono"° Company, (called Pricilla) by whome hee hath had three children, one whereof dyed about 4 yeares of age ; the other two (videlzt Hanna about 6 yeares of age and Eebecca about three yeares of age) hee desireth to keepe (ac- cording to the Companies order and to their use) untill they attaine to the age of Twentie one yeares, which is granted. And now the said Priscilla being marryed to one Powle, a Negroe, servant of the said M' Elwicke, it is by him humblie desired (in respect of the great charge and paines in bringing up the three former children for the Companies use) that hee may have the first proceeding Childe from the Marriage aforesaid, the PETTY WAEFAKB IN THE WEST INDIES. 229 which request (the premises considered) I conceive may (without chap. preiudice to the Company) bee graunted. And this I desire . J^" ^- . you would record in the Booke of the Companies Servants, and I66S-I668.- remaine. Your loving friend John Nicoll Sher : 44. Norwood's Survey. Extract from a Postscript to a General Letter dated 5"^ March, 166|. We pray you to return unto M'' Norwood our thanks for his great pains and care in the new Map and Model and Book of Survey of the Islands by him drawn and transmitted unto us by our Magazine Ship ; and we shall in due time consider thereof and return him our reward as soon as in a capacity so to do. 45. Piratical Proceedings in Tortola. (1) Tortola, one of the Virgin Islands, lies near the centre of that group, of which St. Thomas at least is well known by name to readers of the present day. It is about 1° of longitude from the eastern end of Porto Eico, but the intervening distance is broken by so many islands that the navigator need never be out of sight of land. The group was described by the authors of the ' Universal History ' a century ago as ' for the most part so inhospitable and unimproveable that they belong properly to no European power,' ^ and, as a matter of course, at a period when Spaniards, Hollanders, French, and English were contending in the West Indies, when the victors of to-day were ignominiously defeated and expelled on the morrow ; these islands also experienced many vicissitudes, and were subjected to the same piratical attacks, which in turn desolated the larger and more valuable ones, retarding for a long time the progress of industry in that region. The island of Tortola is really too insignificant to be often noticed in the detailed histories of the time, but the reader will readily understand its circumstances by following for a moment the history of its neighbour, Santa Cruz, or St. Croix, one of the larger members of the same group, about thirty miles distant to the SSW. St. Croix • ' Universal History,' 1783, vol. xxxvi. p. 246. 230 THE BUCCANEERS. CHAP, was discovered by Columbus in 1493, but presented so ■ — r-^—^ little attraction that it was unoccupied in 1587 when the 166M668. Enghsh began to settle on it. About 1632 the Dutch colonised the adjacent island of St. Eustatia, and in 1643 they extended themselves to St. Croix. In 1645 the English governor was killed in his own house by the Dutch governor ; both nations flew to arms, and a furious battle ensued,^ in which the Dutch governor was mor- tally wounded. The Dutch elected a new governor, but the English in their wrath seized him and hanged him. The Dutch, and about 120 French who were with them, then abandoned the island to the Enghsh, who in turn were massacred by Spaniards from Porto Eico in 1650. The Dutch on St. Eustatia, hearing of this, made another attempt to seize the island, but were surprised and killed or made prisoners of war by the Spaniards. Before, however, the latter could carry them to Porto Eico, the French, under De Poincy, afterwards the King's heut.- general, drove them out, and having purchased the island in 1651 for the Order of Malta, from the Dutch merchants, who had advanced money for the settlement of it, he settled 300 French upon it. In 1665 it was purchased from the Order of Malta by the French West India Com- pany, and the same year a party of English buccaneers landed upon Tortola, and took possession of it from the Dutch.^ It is this little episode in the history of the Virgin Islands to which the next extracts refer. The occurrence was brietiy this. Captain John Wentworth, being at that notorious haunt of the buccaneers, the Salt Tortuga, in 1665, heard that war had broken out between England and Holland, and sailing next for St. Croix, got scent of a Dutch plan- tation on Tortola, which he thought might be worth plundering. Accordingly he landed his company, made a prisoner of the planter who called himself Lord of the Island, seized a brigantine, and proclaimed King Charles II. He carried off with him when he left the island sixty-seven negro slaves, whom he took to Ber- ' Southey. ' Southey, whose -words these are, places this occurrence in the fbllowing year, 1666. THE TORTOLA NEGROES. 231 muda. The Dutchman, who was released at St. Eustatia, 9?,^,^- mad^ a vigorous remonstrance, and even threatened to invade Bermuda, but the bearer of his hostile missive "®5-i6K8. was put in prison, and he never executed his threat. The complaint, however, was taken up by the Company at home, and after several letters, which will be found in their proper place, they finally, in March 1669, pro- nounced the capture illegal, declared the negroes to be a royalty, and, by a striking application of the old fable of the oyster, seized them for their own uses. 46. At a Councell Table 31^' Juhe 1665. (1) Capt John Wentworth, Comander of the good shipp Charles, haveing lately arrived and brought in with him a small Vessell (his prize) and 67 Negroes. And hee haveing ingeni- ously confessed, that hee hath no other Comission for his sup- prizeing the said vessell & Negroes, then only the Newes, that there is an open and nationall Warr betwixt his Maiestie and the united States of Holland. And hee, conceiveing that his Mai*'' and the Duke of Yorke will approove of his takeing the same vessell and Negroes, thereuppon hath tendered the Tenth proportion of the whole prize into the hands of this Groverm' in behalfe of his Highnes the Duke of Yorke. The Grovernor & Councell haveing thereuppon taken into serious considera- tion the premises, and requireing Securitie of the said Capt Wentworth to beare them harmless if any further proceedings should arise concerning his soe acting. The said Capt Went- worth, not being able to procure such securitie as is required, for bearing them harmless for his soe acting, hee thereuppon hath tendered his owne person, till his Maies'*" and the Duke of Yorkes pleasure bee further knowne therein. And in the mean time craveth that his owne Vessell may be allowed to goe forth to procure a Liveliehood for himselfe, and the Officers and per- sons that hee brought in with hiin as aforesaid. The which last proposal of sending his Shipp as aforesaid, hath bin una- nisly resented, And hee allowed to proceede along in his afore- said Shipp, If in case hee shall within one ffortnighte before the departure thereof, put in securitie for the freeing Groverm* in relation to the premises. Or if hee shall give more pregnant reasons hereafter (hee being at present under a great weaknes) to give further satisfaction to Groverm' (2) M' Richard Stafford unanisly elected Counsellor ot Hamilton Tribe, And sworne in accordingly. - ) 232 , CAPTAIN wentwoeth's story. CHAP. (3) Gapt John Wentworth's Journall of his transaccons .3^ at New Tortola. Having expended a certaine time (to witt) departeing from Mountseratt the 23'''* January 1664 with a Cornission from the King of Portugall, directed to Capt Robert Downeman, on the 12"' of June following departed from the Coast of Craicas and came to the Island of salt Tortugas, where carening the 21" ditto, came into the Harbor to us a Shallop belonging to the G-overno"" of Mountsorat, who confirmed the newes received some 14 dayes before concerninge a Nationall warr betweene the English and the Dutch as did appeare by the great spoyle done by Michaell De Eutter in the English roades w*" inteligence caused me to decline my former designe under the King of Portugalls Coinission, and on the 27* ditto Moneth, departed from the aforesaid Island of Salt Tortugas, indeavouring to gett to the windward Islands with the small ffrigott under my Co- inand, and the consent of my Company, hopeing by that meanes theire to procure Cornission to the end wee might bee service- able to our Soveraigne Lord the Kings & Country. Our best advantage being to stand first to the Norward, the 3'''' of July we past the west end of the Island of S'* Crus, the 5"^ day Anchored at the Virgins called S' Annes ; one of my Company haveing used those Islands ever since the Dutch had an Interest theare. gave me to understand that about 3 leagues Northeast from thence, the Dutch had planted a CoUoney upon an Island called New Turtola, withall informed that he was under the Coiiiand of Capt Henry ffearnes in the ffrigott Briar, when as one Maior Devanport was Coiiianded by his Maiesty to take a formall possession of all those Islands in his behalfe, which accordinglie was yformed, this aforesaid New Turtola excepted, for that at that time it was peace betwixt the English and the Dutch. He likewise gave me an account of the Conveniences that did attend that Plantacon in respect of harboring, Careeninge and wateringe of ships, as alsoe that the Inhabitants were very well furnished with provisions to spare, the place being veri firtle, upon which reporte, consideringe how advantagus it might be to the enemy, and preiudiciall to his Maiesties sub- jects in these parts. After deliberat Consideracons and advise of my Officers, as alsoe haveing an assurance that the Nationall warr might beare out my soe doeing, the 8* day of the same Moneth in the morninge landinge with 36 men of my Company, I did at that time surprize the Island with fortifications and people, who were to the number of 1 30 armed men, 7 peices of Ordinance, Saker & demiculver, with powder & shott netely fitted. DUTCH REMONSTEANCE. 233 The day following, I did there solemnly proclayme King chap. Charles the second, setting npp a S' Greorges flag in the ffort, . ^^}^- . findeing under the Dutch Q-overno"^ a party of English and ffrench I66f-i668. did enquire into their willingnes weather they would submitt to live under the Grovernm' of his Eoyall Maiestie, and found to the number of 70 by subscripcon were willing to live under his Ma'"'' Governm' as afores'* The same day came in a Brigin- teene, Burthen 25 tons belonging to the aforesaid Dutch Govern'', which I alsoe surprized. The 14* day I despatched away the Dutch Groverno'' with his retinnew in a barke which I gave him to carry him to Stacia (S' Eustacia) comiting the Groverm' of the people and of the place (that subscribed as afores*) to the trust of one Leivetenn' Thomas Bignoll, the most responsable English man upon the Island, leaving them a Competency of Amunition for their Great Gunns and small Armes. On the 18"" ditto moneth, departed from the Island directing my corse for the Island of Bermudah, were wee arrived the 26"" of the same moneth, at which time I gave the Governo' of that Island as aforesaid, on account of my transaccons. per me John Wentwoeth. This agreeth with the Originall Examined the 12'" ffebruarie 1665. Henry Tucker Secretie. (4 ) The Dutch proprietor naturally viewed these pro- ceedings in a totally different light, and, as soon as he could, despatched the following letter : — S' Christophers the 4'" November 1665. My Lord, Soe soon as I could have accation, in griefe I write these unto you, soe have I taken the paynes to write a few lines unto you, ffor uppon the 9"" day of July of this yeare, there came hither against mee a pirate or sea robber, named John Went- worth, the which overrun my land by nighte, and that against the will of mine owne Inhabitants, and showed himself as a tyrant in robbing and fiering, and took my negroes from my land aboue 96, 24 Carbines, my cargo and ffrigott, called by the name of the Greyhound, and robbed mee of all, notwithstanding hee could not make any prize of mee, ffor my Island belonged to noe man else but my-selfe. And 1 declare unto you that I have not in the least to doe with the States of Holland, and that I am a free Lord of mine owne Island, and have warrs with noe man in the world. And likewise I doe understand that this said J° Wentworth a sea robber is an indweller with you. Soe I 234 A DAY OF PUBLIC MOURNING. *<^^j^- desire you that you would punish this rogTie according to your ■ good law. But doe you hears, and if my slate factory cease by '" "''• fault of this, I shall be forst to be revenged of you & your land. And if it were soe well, that wee should bee in peace with your nation, so I shall nevertheless not desist to be revenged of you, alsoe an honest Grovern"" is obliged to punish the evill doers, namely, a Sea robber that sailes without a Comission. I desire you so soone as you have this truth of mine. If you dont of your selfe restore all ray Negroes againe, wherefore I shall stay here three moneths, and in default of this, soe be assured that wee shall speake together very shortly, and then I will bee my owne Judge. Governor. Yours William Houton. To the Lord my Lord FrLOKENTirs Setmek. Governor. Bermudah. The bearer of this letter was Mr. Thomas Gwin. The proceedings taken against him, and the Company's letters on the subject, will be found under their proper dates. ^ 47. A Proclamation. By the Governo"^ 2 August 1665. Whereas it hath visibly appeared that the hand of Gods correction hath a long time persued the Sinns of this Plantason by Generall waies and meanes not unknowne to any that hath coinon reason, and now lately by an opressive Drought, hath caused both men & beasts, trees & plants to mourue for want of refreshm'. My selfe and Councell therefore, (with the approba- ' tion of the Eeverend Ministers) have thought iitt to appoint and Coiiiand, that Thursday the tenth of this instant Moneth, bee wholy sett apart for a day of Humiliation for our Sinns, and by prayer & ffasting to importune the Lord, (who is the only giver of all goodnes) that hee will be pleased to pardon the crying sinns of these Islands, and divert those heavie Judgments which are iustly impending uppon these Islands for the same. And hereof I doe require every housholder & other psons whatsoever to take notice, and to be obedient unto the premises, as they will answer the Contrary at their perills. Given under my hand the 2"* day of August An" : Dom : 1665. FFLORENTIUS SeTMEK. ' February, 1666 ; February and July, 1668 ; and March, 1669. THE PROPEIETOESHIP OF ELEUTHERIA. 235 48. Memorandum October the 6* 1665. chap. XIII. Memorand. That Jane the wife of Nicholas Bayley, (the j^^j^^ which Nicholas Bayley hath bin absent from these Islands, and in the West Indies severall yeares. But for certaine hath bin of late time in perfect helth in the Barbadoes) haveing of late times addressed herselfe to Capt flflorentius Seymer Governor, for liberty to be Marryed forthwith to Thomas Harding a man of warr belonging to the ffrigott Charles, shee alleaging, that if her said husband should returne, shee is fully resolved not to entertain him or cohabit with him, ffurther averring, that shee will venter the undergoing the rigor of the Law &". Soe shee may have the liberty to be Marryed to the said Thomas Hard- ing. But the said Grovernor giveing her his positive answer, that hee could not & would not consent thereunto. Shee hath lately as likewise the sayd Thomas Harding, acknowledged. That one William Stanly als Smith, hath clandestinely marryed them, and they haveing bin questioned, since the sayd Stanly als Smiths departure out of these Islands for the said fact, they have denyed the same, fifor which crime of theirs and grand abuse to Groverm'. The Governor hath propounded unto her, either to be forthwith whipped at the whipping post, or to depart these Islands. And shee the sayd Jane hath chosen to depart these Islands, along with Capt Ed'^ Stanyan for Cape ffai-e, in the vessell Eebecca. . . . 49. About the time that we have reached, the claims of Captain W. Sayle to proprietary rights over the island of Eleutheria, on the strength of a pretended patent or commission, became the subject of a lengthened investi- gation before the Governor and Council. No distinct decision is to be found, but it would appear that his son and representative Nathaniel Sayle failed to establish the claim. The controversy commences with a claim on the part of Nathaniel Sayle to an anchor and other property recovered from a wreck by Captain Edward Stanyan, who declares that he found it on an island owned by no supreme governor, nor no person or dwelling within forty miles. He prays inquiry into the validity of the grant to these islands to Sayle. The following Commission is put in evidence : — By vertue of a Coinission granted unto Capt William Sayle^ and divers others, by the Kinge and Parliament of England, to 236 LETTER PROM THE COMPANY. CHAP, enjoy theBohamo Islands, and from Mm to mee, Idoe appoint . ^"'^v . M' Thomas Houtt and M'' Thomas Haies to be Deputy Grover- I66f-1668. nours under mee. And in my absence to govern the people uppon Elutheria, and to Administer Oath to any of the Inha- bitants for the clearing of matter brought before them. Like- wise I doe require all the Inhabitants uppon that Island to yeald all lawful! obedience unto the sayd Thomas Houtt and Thomas Haies, as they will answer the contrary at their perills. For the confirmation of this their Coinission I have hereunto sett my hand and Seals, the 19'" December 1661. Natha : Satlb Hereupon the Governor and Council examine a num- ber of persons as to their knowledge of the existence of a Commission under a great seal held by Nathaniel Sayle. Questions, nine in number, dated October 11, 1665, were drawn up by Stanyan for their use ; but the Governor and Council ruled that ' there is not any president upon record here for examination of witnesses by Queries by any private man's exhibiting,' and concluded that the inquiry should be conducted in the usual manner by oral testimony on oath. The evidence of the existence of some such instru- ment seems conclusive. For example : — William Barnet sworne, saith, that when hee and M' Natha : Sayle were together at Elutheria, the said M'' Sayle did read a Comission there in the cave concerning the G-overning of the people, the which had a brave seal unto it, but whither it came from his Maiestie, or the State, he knoweth not. Peter Sands sworne, saith that hee and M'' Nathaniell Sayle were at Elutheria together. And there was a paper that hade a Seale at it, the which was published in the Cave, but what was the contents of it he knoweth not. There is much more to the same effect. 50. A letter from the Company 14 Novem 1665. Capt fflor : Seymer These may informe you and your Councell, That wee have sent now unto you our Magazeene ship called the Samuell of London, whereof is Master Thomas Leach, wee desire, and order you to cause to be shipped upon the said shipp all our oyle. TEEASONABLK PEOCEEDINGS. 237 And this yeares Cropp of Tobacco, within the space of 14 dayes ™f,^- after her aryvall (winde and wether serving) that shea may put ^._ , '~- to sea, And soe by Gods assistance shea may returne to England, 166|-1668. and soe to London before the Spring, that many enemies are abroad. And this our letter unto you, by this our Master, shall be of as much validity and force, as if he had our coiiiis- sion signed with our Seale as formerlie, which now cannot be done, by reason our Seale is at London in our Court house, that hath been shut up this many Moneths, And all belonging unto it gon into the Country. Let this suffice. Given under our hands at a Court held at a Towne called Edgworth in the County of Middlesex, this 14* day of November 1665. In the 17*'' yeare of the reigne of our Soveraigne Lord King Charles the second. Gilbert Gerard, Heydon Deput : James Jaunceye, Gilb' Gerard. William Graves. Per : Trott. Charles Pym. 51. Councell. 9''' ffebruarie. 166|-. (1) Uppon a Complaint exhibited against M'' Thomas Gwin by Capt John Darrell Coron"' of these Islands, ffor strengthening whereof, severall Attestations have bin this day taken, demon- strating that the said M'' Gwin hath of late disingeniously com- plied with a Duchman at Basse-terre uppon S' Christopher terming himselfe in a letter the Governour of New Turtola, with the which dareing letter the sayd Gwin haveing bin entrusted for the delivery thereof to our Gov', hee the sayd Gwin (being present at the writing thereof) hath divulged the contents thereof in these Islands before our Governour (after his receipt thereof) could have the same interpreted by a capaible person, whereby hee hath not only intrenched uppon our Gover'', and affrighted his Maiesties Liege people the Inha- bitants of these Islands, but likewise (uppon Capt DarreUs seasonably reprooving him about the premises) hath (in addition to his preceeding temerity) obstinately affronted him the sayd Capt Darrell, in bidding him be good in his office &°, as p' the Attestations aforesaid doth evidently appeare. For which abuses to our Gover' &", the sayd M' Thomas Gwin is unanisly censured to lie in prison for a ffortnight, or untill further order. And in regards the sayd Duchman hath, dareingly, threatned in his sayd Letf to be revenged of our Gover"" and of these Islands, if &". It is unanimously thought fitt that competent provision be forthwith made (if hee should attempt the subdueing of us) for the repelling of him, and what fforses hee shall attempt to invade us withall. 238 HOSTILE MESSAGES. CHAP. (2) The Attestations of Capt John Stowe, who heing sworne, XIII. saith that hee and M"' Thomas Grwin being in discourse together 1661^1668. soone after M"' Gwins arrivall in these Islands, the said M"' Grwin did tell him that hee had matt with the person that had bin Grovernor of Turtola (as hee said at Basse-terre) which discorse was at Capt John Wentworths house. The which Grov'' told him the sayd Grwin, that Capt John Wentworth had bin at Turtola and had robbed him, and had taken awaie a number of Negroes videlst 90 or 60. And the sayd Grovernor did then declare unto him, that if he had not satisfaction from the Grovernor here, and send him his Briganteene and his Negroes which had bin taken from him, that hee would send for 14 Saile of Shipps, and cum and take his Negroes and the Island too. And withall said, that the said Grovernor had writt a letter to our Grover'' here to the same effect. And some one of the parties present at the same time and place, asked M"' Grwin how hee did know that the said Grover' did write the said letter. And M'' Grwin answered that hee did see him, and that Norman the Master of his the said Grwins vessell was with him and did interpret unto him what the sayd Dutch Grovernor did sale. And that hee himself did give the sayd Grov' our Grover" name at the writing of the superscription of his letter to our G-over^ And the said M"^ Grwin did then declare, that one Cornelius Peterson was Master of the ffrigott that Capt J° Wentworth had given to the aforesaid Grovernour of Turtola when hee took the sayd Island, the which Peterson did vough to bee revenged of the people of the Islands. And further saithe not. John Stowe. (3) The Attestation of Capt John "Wentworth. Who Sworne, saith that being at the house of M"' Hugh AVentworth on Satur- day, the third Instant, did meete with M"' Thomas Grwin, whoe at that time and place (putting by other discourses) did informe him this deponent, that at Basse-terre, he the said Grwin met with him who declared himselfe to bee Grovernor of the Island New Turtola, being in Company with him at a ffrenchwomans house did sitt in his Company whiles he writt a letter to the Gov'' of Bermudas, which letter hee, by his request brought, not knowing the contents, but did advise the sayd Gover"' how to direct his Letter, haveing in his Company the scipper Norman to interpret between them. He the sayd Gwin did also informe this depon* that he offered this Dutch Governor a thousand pounds of Sugar. The same day, the aforesaid Gwin being at the house of this deponent in company with Capt John Stowe, Capt John Darrell, his brother Hugh Wentworth with others, being demanded by Capt Darrell how hee durst bring such a DEFENSIVE PRECAUTIONS. 239 message or letter or take any employment from a nationall *S^?' enemy, he, the sayd Gwin replied, that if it were to doe againe ,-1— tomorrow, hee would doe itt, as alsoe that he directed the Dutch 166§-1668. Governor how to write the superscription of his letter to the Governor of Bermudas, with other sentences relating to it, this deponent heard from him at his brother Wentworths house. And &" John Wentwokth. (4) Then follow several depositions tending to prove that Thomas Gwin had brought a letter of defiance from the Dutch governor of Tortola, addressed to the Governor of Somers Islands, being cognizant of its contents, and that he had offered the Dutch governor 2000 lbs of sugar for the brigantine piratically seized by Capt Wentworth, but the Governor would not take less than 4000 lbs. The letter has been already given at p. 233. 52. Councell of Warr. 27*" March 1666. Pagets Tribe Church March the 27'" 1666. Capt fiiorentias Seymer, Governour and Captaine Generall of these Islands, and the severall Coinanders of ffortifications, and the severall Comand' of Companies, and the Lieften'^ and Ensignes then and there present. Unaniously then concluded (for the Geiirall defence of these Islands) as followeth (videP.) That from the iirst day of May next, untill the last day of Julie next ensuing, everie night ffoure or six persons, or soe manie as the respective Captaines shall think fitt, shall keepe a Watch at such places as the sayd Captaines shall think fitt to appoint. It is unanimously Concluded, that at the approach of any Shipp or Shipps off of any the Tribes, these underwritten per- sons be employed to goe out unto them. And iinediately after their return e, repaire unto their severall Coinanders, or (in their absence) to the respective Councellors, to the end, that the Captaine Generall may be speedily satisfied uppon what accompt such Shipp or Shipps are intended towards us. Jonathan Longston for Smiths and Devonshire Tribes. Larence Dill for Pagets Tribe. Nathaniell Asted for Warwick Tribe. M'' Robert Dickeson for Southampton Tribe. Richard Meritt for Sandis Tribe. 240 BOATS PROHIBITED TO PUT OUT. CHAP. And in the absence of any of the aforesaid persons pitched .. ^^^^- . uppon to goe out unto (or aboard as occasion shall present) 1661-1668. Shipp or Shipps as aforesaid. It is unanimously Concluded ; that such person be sent out, as the respective Coiiianders shall think fitt to appoint, and not above 6 persons to goe out at a time in a boate to assist the principall in and about the premisses. Henry Tucker Secretie. To Captaine &c. 53. A Proclamation. Bythe Governour. 11 April 1866. To prevent all disorders that may happen uppon any sodaine AUarme, either by forraine fforces, or intestine mutanies. These are in his Maiesties Name, to charge and Coiiiand all the Military Officers whatsoever of these Islands, that they observe and keepe all such orders as were concluded and agreed uppon at a Councell of Warr in Pagets Tribe, held in March last past. And likewise whatsoever other orders shall proceede from my- selfe, or any other pson deputed under mee, from time to time. Impris That due wach and ward be kept uppon the ffron- teeres of your severall Divisions, as well for discovery of any approaching enemy, as also for the speedy giveing notice thereof by Allarme or otherwise. 2"^ That the Boates then appointed for discovery of an Enemy, or intelligence from friends passing by, may, according to the sayd order, be diligently and carefully provided. And the sayd orders observed in that behalfe, and put in execution seasonably. 3'^ These are strictly to Charge and Coinand. That no pson or psons doe presume to goe forth to, or aboard any Shipp or Shipps, but onely such psons as are appointed by the aforesaid Military Officers, according to the Councell of Warr, or in their absence, by the Councellor of the respective Tribes. 4'^ If a wreck should happen to be discovered. These are likewise in his Ma'"° Name to Charge and Comand, that no pson or psons whatsoever doe presume to goe out unto it, but onely such as are appointed as aforesaid, and those alsoe, not to make any stay there, but to returne again e with all expedition, to bring intelligence to the Officers aforesaid, that soe myselfe and Councell may be speedily informed of the true state of the businis, least by disorderly goeing forth to such wrecks, the whole Islands may be in danger of being betrayed. Andjastl. These are in his Ma"°' Name strictly to Charge and Coinand all his Ma""^ Hedge subjects to give all loyall obedience unto their severall Cofnanders uppon all occasions, ORDERS TO THE MILITIA. 241 uppon paine of being strictly punished according to the Martiall chap Law. XIII. Given under my hand the 1 1"" day of Aprill Ano : Dom: 166S-1668. 1666. FFLOK : Setmer. 54. At a Court Marshall held at Capt John Hubbards house in Hamilton Tribe, Capt fflorentius Seymer Gover- nor & Captaine Generall, Capt William Sayle, M' John NicoU Sher : Capt ffrancis Tucker, Capt Godheard Asser, And the severall Captaines & Liefen'^ of the several! Trained Bands of these Islands then & there present, held the 5*'^ day of Julie 1666. Then & there unanisly Concluded upon and Ordered as foUoweth. (1) That uppon the approaching of an Enemy, And uppon their assaulting of these Islands, one Companie doe retire to the other for the strengthening thereof. And in case the Enemy should invade to the Eastward, That then whatsoever souldiers may be spared out of the respective Companies, be sent to S' Georges for the defence thereof. Provided that there be left to each Companie Twenty such souldiers as the respect- ive Captaines shall thinke fitt to nominate and appoint. (2) It is further unanisly Concluded, That where ever an Enemy approaches to land, That the Company of that Division shall flight, repell & kill them to the utmost of their powers, after what manner & forme the Coiiiander doth think best. And when any ayde shall come, That the Comanders of such aydes doe lead on, and coinand their owne Companies till further order from their Generall. (3) It is further Concluded & agreed upon That noe Boate or Boates shall goe out to any shipp or vessell upon any p''tence w'soever, But the Pilate onely and his Gauge, And w*soever Boat shall be at sea, shall repayre forthwith to the shore, and not stay out or goe aboard uppon any p'tence w'soever. More- over if any manner of ship or vessell bee upon the Coast, noe manner of person is to presume to goe out to sea with any manner of Boate uppon any pretence whatsoever. (4) It is further agreed & Concluded uppon, That w'ever person hath any Armes or Amunition of his owne, And refuseth to serve with them in person, That the Comand"^ of that Division shall seaze and take awaie such Armes and Amunition from them soe refuseing, And Arme whome hee pleaseth with them, And forse the pson that was the owner of such Armes & Amunition to serve with the Companies Armes, instead of their owne. VOL. II. R 242 A DAY OF PBAYER APPOINTED. CHAP. XIII. (5) It is further agreed uppon & Concluded, That all Masters of ffamilies in these Islands, shall uppon Alarmes bring I66f-1668. or send into the ffeeld, or to the respective Eandisvoues their Negroe men and Boyes that are 14 yeares of age and upwards with what "Weapons they thinke meet, or with Hoes, hachetts, axes, bills or the like, then & there to waite the Comanders order. And for such psons as refuse soe to doe, to fforfitt 500'* of good Tobacco, to be payd towards the makeing and repayring of ffortifications. And to submitt to such further punishm*^ as the Gren'^all and his Councill of Officers shall think meet. And that all Negroes shall yeald obedience to their respective Coiiianders, uppon paine of death. (6) It is further &", That if any of the Captaines of these Islands shall issue out Warrants for the punishing of Offenders, That if any Officers under them shall refuse to Execute any such Warrant, or any Souldiers in assisting them. That every Officer soe refuseing shall fforfitt 500'^ of Tobacco as aforesaid. Or suffer ffive weeks imprisonment. And every Souldier disobeying his Coiiiand'" or any Officer under him, shall fforfitt & pay 300" as afores^, or suffer three weekes imprisonm' for every time soe offending. (7) It is &". That if any persons shall Combine and agree together to disobey their Coinders, Or to raise any mutiny by word or accon. That all such soe offending shall be forthwith sent downe to the Goale, prisoners. And iinediately after, be tryed by a Court, according to Marshall Law. (8) Lastly. Every Coinander that shall neglect the putting these afore mentioned Orders in Execucon shall be ffined. And pay to the Captaine Greiirall ffor publique uses, Tenn pounds sterl monie. Signed the day & yeare above written by, Fflorentiits Setmer. By Jonathan Turner, William Peniston, Miles Eivers, Edd Chaplin, John Rivers. George Hubbard, John Darrell, Lieften'^ Thoas Richards, Christo : Burroes, John Hubbard. William Sayle, John NicoU, ffran Tucker, God : Asser. Captes 55. A Proclamation. By tlie Governour. 18 July, 1666. Whereas, according to the trust coiiiitted to mee I have, with assistance of my Officers, used all possible meanes for the safety of this place and people, by putting ourselves and ffortifi- QUAKKRS EEPUSR TO SERVE. 243 cations into a considerable posture of defence. Yet knowing CHAP. how little security may be expected from the Arme of flesh, - without especiall assistance from Grod, who is the rock of ages, 166|-1668. the smiting of whose divine Justice, our daily sinns and provo- cations may equally challenge with those of our Neighbours ; who have already tasted the Cupp of his Indignation. And being likewise encouraged by the redines of our Reverend Ministers, and other well affected psons. I have thought expe- dient by these to proclaim, a fast, which will be on Wednesday next the 2.5*'' Instant monetli, which day I doe hereby require of all Masters of ffamilies, and othei-s, may be solemly sett apart for fervent humiliation, in such places and exercises as by the Ministers in their respective places, that they shall think expe- dient. And doe fiu-ther charge all who shall necessarily absent themselves from public meeting, that according to their capa- sities they spend that day in such a religious or civill deport- ment as this my proclamation doth import. Whereof lett all whom it may concerne take notice and conforme accordingly. Given under my hand the 18'" Julie 1666. FFLOE : Sbtmee. The originall of this next above written proclamation drawen by the Grover' himselfe. 56. Bisse's ' History of the Quakers ' furnishes us with a fresh example at this time of the difficulties in which their conscientious objection to military service involved them : — ^ Ann" 1666 About this time Florentia Seymour being then Governour, a Law was made to fine each Person one Shilling for each time of his absence from the Mustering, or any other Military Service required. In pursuance of this Law the aforesaid Captain Dorrell issued the following Warrant, viz ' To Serjeant John Stock, and Serjeant Peter Pridden, and all other Soldiers they shall appoint, that are under my Command. ' These are, in his Majesty's Name, to will and require you to go to William Wilkinson's and Robert Wilkinson's, William Smith's and Francis Estlake's, Quakers, and demand of them twelve Pence per time apiece, for every time they have " William White, mariner, by his last -will and testament, dated Jannary 5, 1661, 'gives and bequeaths for the good and use of the people called Quakers in the Islands of Bermudas a forth part of his -worldly goods that shall bee left after his -wife has had her third part out, and that to be distributed according the dis- cretion of his executors as neede requires.' — ' Record Book of Wills,' p. 10'. K 2 244 THE GREAT FIRE OP LONDON. CHAP, absented themselves from our Musterings, Alarms, or any ^^^^- _ . other publick Services and Watches, it being according to an ie6§-i668. Order made by the Captain-Greneral and his Court-Martial the 27* of March 1666. And if any of the above-mentioned Persons do refuse to make Payment, then these are, in his Majesty's Name, to charge and command you to strain, take and carry away of the Goods and Chattels of the Persons so refusing, and keep them in your Possession seven Days, and if they will not redeem their goods within seven Days, then you are to make Sale thereof, and to retm-n the Overplus to the Owners thereof ; Fail you not, as you will answer the Con-> trary at your Perils. Dated the 29* Day of July 1666. ' John Doeeell ' In Consequence of this Warrant, they took from William Wilkinson, two Hides worth 10^ From Francis Estlake, a Swine worth 14'. From Eobert Wilkinson, Goods worth 1 9'. And from William Smith and others, several Houshold Goods, being for a Demand of 10' each, made upon each of them, 57. Considerable space is occupied under date 9th August, 1666, with the vindication of Lieut. Eobert Clarke, from a charge of ' several enormies (tending to disloyaUty at the least) ' perpetrated at St. Christopher's. The French at St. Christopher's drove out the English, Of whom Clarke was one, in May of that year, and embarked him and his family in a Dutch ship, by which they were landed in Bermuda in. June. One Bragg brought a charge against him that he had renounced or offered to renounce his allegiance to his own sovereign, and sworn allegiance to the French king. Bragg was unable to prove his charge, and made an ample apology. 58, Letter from the Company describing the Fire of London dated 1 Novem. 1666. Capt Seymer These Lynes may repeate those dismall Eelacons with which other pens (as wee suppose) by this tyme haue filled your eares, of the publick loss to the whole nation by the lamentable & neuer to be forgotten ruinous state of the once famous City, occasioned by fire, which began on the 2nd Sept last and in the space of -4 days, reduced to rubbish & ashes, not only the dwelling houses, but also all the Churches, Halls, Monuments and other statelie buildings eastward to the Tower of London THE COMPANY FOR WHALE-FISHIKG. 245 and westward to Dunstons Church near Temple bar, and to *^fj^' Holborne bridge, leaning only the less considerable part of the > .-l—' Towne standing eastwards (as it were in a lyne from M . . . . 166|-1668 lane to Leaden hall and so to Moorgate. The Lord sanctifie to vs all the dreadfuU & most astonishing Judgm' of Desolacon now to the City itselfe ; as the last yeares Mortality to the Inhabi- tants thereof, that wee may timely & truly repent and reforme, and the Lord may haue mercy on vs (Signed) Manchestek GrOT. 59. At a Quarter Court for the Somer Islands Company held at M" Deputy Trot's house in Bishopgate Street London on Wednesday the 28*^ of November 1666. (1) Whereas upon certain propositions made to this Court touching an Adventure of fishing for Whales in and about the Coasts and Seas of the Somer Islands alias Bermudas, the same after much debate and endeavours used, were (at the length) embraced, and a method agreed upon for the carrying on the said Adventure, by an equal tax to be borne by the owners of Lands in the said Islands, according to the number of their shares there, after the rate of 50"' per share, amounting in the whole to One Thousand Pounds. And that according to Order from this Court of the 9"" of October 1662 directed to the Groyernor and Council in the said Islands Proclamation had been made of an offer and Tender to all the owners of Lands that were inhabiting in the said Islands to come in (if they pleased) to be joint Adventurers in the said undertaking, and that such of them as accepted thereof were directed by a certain day to subscribe their names and sums, and to pay in their money to the, Treasiu-er appointed for the said Whale fishing ; and all others refusing so to do, be utterly excluded from the said adventure, as by their own default. And whereas the said Grovernor and Council by their general Letters to this Company bearing date the 10'" of April 1663 had made return, That the said former Order had been proclaimed in the said Islands, and that no subscriptions were made, or money paid as by the said offer was appointed, so that the owners of Lands in the said Islands became utterly excluded out of the said Adven- ture, as by their own default, saving and excepting some few of them as were present here in Court, and had undertaken for themselves and some others in the said Islands. (2) And whereas the said Adventure hath been carried on by the Members of the Company here, and such few of the Islanders aforesaid, to the very great charge of the Adventurers amounting 246 KESTEICTIONS ON WHALE-JPISHING. CHAP, to Two Thousand pounds and upwards, and that by their great , ■^^^^- _ . and unwearied endeavours, the said Adventure of late hath 166^-1668. taken good effect. (3) And whereas for the better managing of the said Adven- ture, and preserving the rights of the respective Adventurers therein, this Court had on or about the 16*" of November 1663 made and established certain penal Laws or orders against Disturbers of the Whale fishing in the said Islands, and that the same had been duly Proclaimed there. Notwithstanding all which, certain persons (as this Court i? informed) upon pretence, that they are Owners of land in the said Islands and have had their Conveyances of purchase of such Lands confirmed under the common Seal of this Company, with several Eights and Privileges thereunto belonging, do therefore, to advance their own private end, with much subtlety, (though falsely) assert ; that they have liberty by their privilege of such Grants, to fish for Whales, as well as for other fish in and about the Coasts and seas of the said Islands, and that great disorders have arisen thereupon, to the trampling on the Grovemment in the said Islands, the contempt and setting at naught the Laws and Orders of this Company, the invading of their Eights and Privi- leges, the disturbance of the peace of the place, and the raising of mutiny, and threatening of bloodshed there. This Court for preventing the sad consequences of such growing evils, main- taining the honour of the Government of the said Islands, preserving the just Eights and Privileges of this Company, retaining the people in peace and quiet. And for the unde- ceiving of all such persons that through the subtlety of others or their own ignorance, have been abused or misled into such disorders. Do think fit and declare, and they do hereby declare to all persons inhabiting or that shall hereafter inhabit in the said Islands, and all others that are or may be any way herein concerned. That the Companys usual Deed of Grant for Con- firmation of Lands under their common Seal, never did give, nor ever was intended to give, any liberty to any person or persons whatsoever to fish for any kind of Whales in or about the Coasts or Seas of the said Islands. And this Court do order and require the Governor and Council in the said Islands imme- diately upon sight hereof, to cause this their Declaration to be forthwith published, to the end no person may pretend ignor- ance. And that the said Governor and Council do take especial care. That all laws against disturbers of the peace of the said Islands, and in particular the Laws and Orders made against the disturbers of the said Whale fishing, be duly executed, and the persons offending therein to be summarily proceeded against. And that they the said Governor and Council do use their utmost endeavours to retain the peopl^ in their due allegiance to his NATIONAL SINS AND CHASTISEMENTS. 247 Majesty, in observance to the Laws and Orders of this Company, CHAP: and the Grovernment now established in the said Islands, and in ^ •^"^y . unity and peace one with the other. leef-ieeai Thomas Marten Secretary of the &c. 60. Extract from a General letter to Captain Seymer dated December IS*'' 1666. Also we are informed that notwithstanding our late penal order of the Q"" October 1664, against persons practicing as Attorneys for fees or rewards that have not been licensed by us, yet such are admitted by you, and practice, to the egging on the people to Law, and to the raising and maintaining of much strife and contention in the Islands. And thus we show you how little respect our laws and orders have had with you, more than the hearing of them read. But of this last mentioned order, we do and shall expect your utmost observance, and that the Penalties be inflicted on the persons that shall be found to be the transgressors thereof. This order was principally aimed at William Eighton and Will. Milborne. These two persons, joined about 1683 by Henry Bysshe or Bish, were the leaders of all the litigation against the Company in succeeding years. ^ 61. A Proclamation. By the Governour. 19 January 166f . Whereas our Eeverend Ministers,, with the concurance of myselfe and Councell, have carried on a day of Humiliation in the moneth of Julie last past, for and in consideration of the many thousands of Cristians (our fellow subiects and country- men) that have bin swept away by a contagious pestilence in the Kingdome of England about two years last past, and for and in consideration of the sadd effusion of much blood occa- sioned by the unhappie warrs betwixt our nation and the adia- cent & p''dominating enemy, there, and amongst the plantations our neighbours. And whereas wee have understood that the eminent city of London hath undergone inexpressible damage by the dreadful! furie of ffire, soe that many thousands have bin destroyed in their estates, if not in their psons. All which callamities have bin derived from the aloud crying sines that have bin practised therein, for all which wee, even all of us, Maiestrates, Ministers & people are immediately bound to sym- pathize with them in this their day of visitation, wee haveing, 1 Eighton was captiuied at sea, and carried prisoner to Norway, this year. 248 DEPEAVED MORALS OP THE AGE. CHAP. XIII. 166f-1668. (if not in England yet in these Islands) even out-dared our heavenly Maker by our Sabbath breaking, contempt of Magis- trates and Ministers, uncleeness, drunkennes, oppression, pryde. Blasphemies, and such like abominations, though from tyme to tyme protested against by Grover''* in their severall procla- mations, backed by the wholesome Lawes of our Nation, and by the Ministers in their pulpits. For all which "before recited abominations (committed by us even with greedines) we may iustly expect the like or more dreadful Judg'^ from the sinne- revenging Almighty, to be poured out uppon us spedily, and in such maner as it shall please his heavenly Maiesty, if wee doe not (while it is called to day) repent us of our sinnes past, and give a lively Testimony of our true Humiliation by our walking before him in all holy obedience for the tyme to come, ffor the better effecting whereof, myselfe and Councell have lately sett apart Wednesday the 30'" day of this instant Moneth to bee a day of prayers and humiliation before the Lord in behalfe of them, and for ourselves. And therefore I doe hereby charge & Comand all maner of Inhabitants to assemble together at such Churches that day as the severall Ministers shall appoint, there to joyne with them in prayer and such Christian exercizes as God shall enable them. Hereby likewise requireing all maner of Officers (as well as Masters of ffamilies) to use their best dilligence in suppressing all gain sayers. In all which is expected a devout, religious & holy behaviour, as in the p'"sence of God, which being soe performed, Hee may be pleased to accept of our poore endea- vours (for Christ his sake) and divert all maner of Judgm'^ from us and all ours. On the contrary, as the neglect and contempt thereof shall displease God, soe undoubtedly it shall be pun- nished by whomsoever it shall be coiiiited. Whereof lett every one be well advised & conforms accordingly at their perriUs. Given under my hand the 19* day of January An°: Dom: 166f fflob: SByii" 62. At a General Court for the Somer Islands Company held in Watling Street London on Friday the 27"^ April 1667. M' Henry Moore a member of the Company having been an Inhabitant in the Islands for 30 years past, and having pur- chased several shares of Land there, some whereof are well tim- bered, and having thereon many cedar trees fallen and upon spoil. And never having transported for his own, or his friends use, any Cedar in all his time, craves liberty to transport three Ton of such cedar trees only, to pleasure friends for kindness received, which is granted. CEDAR WOOD, ITS USE FOE FUENITUEE. 249 The use of Bermuda cedar for articles of furniture chap. before the general introduction of mahogany has not . -^^^^^ , attracted notice ; but from the number of these licences, leei-iees. and the large illicit exportation of the wood, which the Company were always endeavouring to check, it would appear to have been sought after. 63. At the Assizes 18"^ June 1667. (1) Susana Bayley, -wife of John Bayly of Deven: Tribe, presented for that shee the said Susana is a person of scandalous life, and found by her Conversation to promote dissention in the neighbourhood. Whereuppon the said Susana was found guilty by a Jury of 12 sworne men, uppon the 27'" day of June 67. And was cen- sured by the unanimous Vote of the Court, to be forthwith ducked with three ducks. Which said Censure was accordingly performed from aboard a vessells yards arme lying at the Bridge, the sayd day. (2) Marie Coates, called a Quaker, presented for that shee on the 29'" Septem'' last past, being the Lords day, did, in com- pany with the rest of hir Complices or abettors in forme of a Eiott, enter into Pagetts Tribe Church, and there useing such turbulent gesture, as did apparently disturbe the peace of his Maiesties good people then assembled. As also in Company with William Wilkinson, on the 15'" of the said Moneth, did approach neare Pagetts Tribe Church, and there and then did abett in the raysing severall verball noyses & acclamations, to the disturbance of the Congregation then assembled, & also the Minister, then employed as aforesaid, which is contra pacem. Shep:Page 170. 177. (3) The aforesaid Marie, likewise presented for suspicion of Incontinencie with William Wilkinson as doth appeare by their unlawful Society at sundry tymes, as also, by words & Grestures tending to incontinencie The said Marie Cotes unanisly Censured by the Gover' & Councell, to make her publicke Acknowledgm' of her former ofifence in relation to the p'^mises in the Court. And put in sufficient Bayle for her good Abering untill the next Groale delivery. (4) William Wilkeson of Pagetts Tribe Quaker, presented as aforesaid. And for that in the time of his Imprisonment, hee did then & there utter & foment severall words tending to Blas- phemy. As likewise for that hee did in the time of his impri- sonment, with inanuall violence, strike the person of John 250 PROCEEDINGS AGAINST QUAKERS. CHAP. XIII. v.: I r- Bristow, Provost Marshall of these Islands in the time of Execu- tion of his Office. ffor that the aforesaid William Wilkeson hath behaved himselfe soberly and orderly since he hath bin released of his long imprisonment. It is unanimously Concluded by the Govern' & Councell, that hee the said William doe make his pubHcke Acknowledgement of his sorrow for his former offences in relation to the premises, in the Court. And put in sufficient Bayle for his good Abering untill the next Groale delivery. And as for the speeches tending to Blasphemy by him vented when in prison. The Grovernor & Councell hath unanimously Judged the sayd languages to proceede from him, as from a man, Non Compos mentis. (5) Thomas Woodall of Pagetts Tribe, called Quaker, pre- sented as first abovesaid, as likewise for that in the time of the said Eiott, hee did in the Church aforesaid use actuall violence and smiting with the hands, on the person of one there assembled, who endeavoured the mayntayning of peace &c. The said Thomas WoodaU Censured as aforesaid, And to put in sufficient Bayle for his good Abering untiU the next Groale delivery. (6) Eobert Wilkeson of Pagetts Tribe, and John Eichards of Tuckers Towne Quakers, presented as first aforesaid. TJnanisly Censured to give in sufficient Bayle for their good Abering untill the next Greiirall Groale delivery. (7) ffrancis Estlake of Pagetts Tribe, Quaker, presented, for that on the 5"* & 6'" of September last past, in the twilight or night, hee did repayre to the house of M"^ Hen : Vaughan Minister, and at those seasons aforesaid, did foment severall threatning speeches, to the terror & affrightment of his ffamely with predicting destruction to the ffamily as by his Ubellus paper may appeare. As likewise for that he on the 29* of Septem'' last past in company with the rest of his Complicies or Abettors (above mentioned) in forme of a Eiott did enter into the Church aforesaid &c. Unanimously Concluded, That the aforesaid ffrancis Estlocke doe give in sufficient Bayle for his good Abering untill the next genrall Groale delivery. And in case hee shall misbehave him- selfe in the interim, the premised abuses are to be revived, and hee to bee proceeded against, accordingly hereafter. (8) William Smith of Pagetts Tribe Quaker, presented, for that hee about the Moneth of Septem. last past, did utter and foment words highly tending to the dishonor of Grod Almighty, and to the derogation of his Soveranity. As also for setting forth, by speeches, severall prophesies, importing the temporall and eternall destruction of one of his Maiesties Liege Subjects. THE DUTIES OF CHUECHWAEDBNS. i{5l As by Evidence, and the Statute Lawes in such cases provided ^^f/"* will appeare. See 5* yeare of Elizabeth Cap : 13* fol 1035. r-^ The said William Smith unanisly Censured by the Grovernor I66i-1668. & Councell. To make his Acknowledgement of sorrow for his aforesaid offence in the Court, and to put in sufficient Bayle for his good Abering untill the next genrall Goale delivery. (9) The Groverm' of these Islands haveing these severall yeares past transmitted the severall Grand Inquests Agreevances touching the Cariage of the Quakers of these Islands, unto the Honourable Companies consideration for redress. And the Companie not haveing as yet sent their Determination about them. The Goverment hath forborne to proceede against them, hopeing they will use so much Xistian prudence as to walk inoffensivelie towards the Magistracy & Ministery and all the Inhabitants of these Islands, Not concurring with them in Judgments. It being likewise hoped, that they will returne and joyne with the Ministery in the Churches and pubHck Congregations. 64. Articles of Church Wardens, Oath, &c. Entered as a Memorandum Vol. v. B., page 209, under date 1667.1 Articles, and Oath of a Church "Warden. 1. The Church Wardens and Sidesmen shall take care and provide that the Church shall be well and sufficiently furnished with all decent necessaries and Ornaments. 2. They shall be carefuU That the Church, And all things thereto belonging, shall be sufficiently repayred, And from time to time kept and maintained. 3. The Church Wardens, against the tyme of everie Comunion shall at the Charge of the Parish, with direction of the Minister, provide a sufficient quantitie of fine White Bread, And of good and wholesome Wine for the number of Comuni- cants that shall from time to time receive there. 4. The Church Wardens and Sidesmen shall suffer none to walke, or stand idle, or taulke, or use any unreverent gesture in and about the Church dureing the tyme of Sermon or other religious Exercises. 5. And to prevent and detect such misdemenors as are often practised by those who absent themselves from Church. The Church Wardens and Sidesmen shall in the tyme of divine ' Compared -with the Instructions of 1623 (i. p. 318), from which they are abbreviated, these indicate a less inquisitorial spirit, but no change in the nature of the office. 252 THE EOYAL SOCIETY. CHAP. Exercises, goe forth of the Church, And shall search the most ' . suspected & worst places. And shall compell all such as they 1661-1668. shall finde (haveing noe great or urgent cause of absence) to come to the Church. 6. They shall observe the Cariage and lives of the people, and shall forthwith inform the Minister of all such scandalous Crimes (to witt Sabbath breaking. Swearing, Drunkennes, Un- cleannes, Gameing, Quarreling, Eayling and such like) as shall be coiiiitted by any of them. Who according to discretion shall either see Eeformation by Admonicon, Or shall joyne with them in presenting them to the Groverno'^ and Councell at the next Assizes, according to the Lawes in such Cases provided. 7. They shall faithfullie Collect all such Duties as shall bee necessarie and convenient for the use of the Church And poore of the parish. 8. They shall at the end of their time, or a Moneth after at the latest, give up a iust Accompt of all such monie or Tobacco as they have received, and disbursed, to the Minister, and such persons as shall be appointed by the Parish to Auditt the said Accompt, And shall trulie deliver upp whatsoever is in their hands belonging to the Church or Parish, to the next Church Wardens; To which purpose they shall keepe A Booke of Accompts of all their particular Eeceipts & disbursements. And at their giveing up of their Accompts, they shall deliver the said Booke to the next Church Wardens. The Oath. You shall sweare to observe and performe theis and every of these Articles to the utmost of your power. Soe help you God. 65. The Eoyal Society, first incorporated in 1662, instituted ia 1666 a number of curious inquiries respect- ing parts of the world then imperfectly known ; and we find among them several that relate to Bermuda. It was evidently regarded even then rather as an appendage to Virginia than as the independent Plantation it had now been for so many years. Eichard Norwood promptly fur- nished replies to the questions which related to the tides ; and Eichard Stafford, some time sheriff and afterwards judge, twelve months later, followed with further infor- mation. (See p. 263.) Q. 13. Whether round about the Coast of the Bermudas, the Tydes keep the same time, and at what a clock precisely 'tis High Water on the Dayes of FulL and New Moons ; and how high the Water rises then ? (Phil. Trans, vol. i.) KICHARD NORWOOD'S REPORT. 253 An Extract of a Letter, written from the Bermudas, chap. giving an account of the Course of the Tides s. 5i^I:_ there, of Wells both Salt and Sweet, digg'd near the "ei-iees. Sea; of the Whale-fishing there practised anew, and of such Whales, as have the Sperma Ceti in them. This Letter was written June 18, 1667, by that InteUigent Gentleman, M"" Eichard Norwood, living upon the place, and relating as follows ; Sir I Eeceived your Letter of October 24, 1666, but, whereas you mention another formerly sent, that never came to my hands : Neither had I, before the receipt of yours, the least intelligence of the Institution of the E. Society, founded by the King ; but am very glad, that God hath put into the heart of his Majesty, to advance such a Noble designe, and should rejoyce, I were able to add my Mite for the furtherance of it. As to the particulars, you recommend to me, I shall answer to them, as I can, in the order, I find them. First, touching the Conjunction of Mercury with the Sun, which you say you gave me notice of in your first, not received, and which happened Octob 25, 1664. I had also notice of it from Mr. Street, and had provided in some measure to observe it ; but the skie was so overcast, that the Sun could scarce be discerned all that day. Next, concerning the Tides, I have only taken a general notice of them ; as, that it is high water about 7 of the clock on the Change-day (in some Creeks an hour or two later.) The water riseth but little, as about 4 foot at a high water ; but at the Spring-tides, it may be a foot more. The Tides without are very various in their setting. Sometimes the Tide of Floud sets to the East-ward, sometimes to the West-ward : but in fair, calm and settled weather the said Tide sets from the South-east, towards the North-west, as they say. We digg Wells of freshwater sometimes within 20 yards of the Sea or less, which rise and fall upon the Floud, and ebb as the Sea doth ; and so do most of the Wells in the Country, though farther up (as I am inform' d). Wheresoever they digg Wells here, they digg till they come almost to a Level with the Superficies of the Sea, and then they find either fresh-water or salt. If it be fresh, yet if they digg 2 or 3 foot deeper, or often less, they come to salt-water. If it be a sandy ground, or a sandy crumbling Stone, that the water soaks gently through, they find usually fresh-water ; but if they be hard Lyme-stone- ^ocks, which the water cannot soak through, but passeth in 2M HOW WHALES ARE TAKEN. CHAP. XIII. chinks or clefts between them, the water is salt or brackish. Yet (to mention that by the by) I never saw any sand in the 1661-1668. Country such as will grind glasse, or whet knives, &c. as in England, but a substance like sand, though much softer ; neither have we any Pebble-stones or Flint. For the killing of Whales, it hath been formerly attempted in vain, but within these 2 or 3 years, in the Spring-time and fair weather, they take sometimes one, or two, or three in a day. They are less, I hear, than those in Grreenland, but more quick and lively, so that if they be struck in deep water, they pre- sently make into the deep with such violence, that the Boat is in danger to be haled down after them, if they cut not the rope in time. Therefore they usually strike them in shoal-water. They have very good Boats for that purpose, mann'd with six oars, such as they can row forwards or backwards, as occasion requireth. They row up gently to the Whale, and so he will scarcely shun them ; and when the Harpineer, standing ready fitted, sees his opportunity, he strikes his Harping-Iron into the Whale, about or before the Fins rather than toward the Tayl. Now the Harping-Irons are like those, which are usual in England in striking Porpoises, but singular good mettal, that will not break, but wind, as they say, about a mans hand. To the Harping-Iron is made fast a strong lythe rope, and into the Socket of that Iron is put a Staffe, which, when the Whale is struck, comes out of the Socket ; and so when the Whale is something quiet they hale up to him by the rope, and, it may be, strike into him another Harping-Iron, or lance him with Lances in staves, till they have kill'd him. This I write by relation, for I have not seen any kill'd, my self. I hear not, that they have found any Sperma Ceti in any of these Whales ; but I have heard from credible persons, that there is a kind of such as have the Sperma at Eleutheria, and others of the Bahama-Islands (where also they find often quantities of Amber- • greese) and that those have great teeth (which ours have not) and are very sinewy. One of this place (John Perinchief ) found one there dead, driven upon an Island, and, though I think ignorant in the business, yet got a great quantity of Sperma Ceti out of it. It seems, they have not much Oyl, as ours, but this Oyl, I hear, is at first like Sperma Ceti ; but they clarifie it, I think, by the fire. When I speak with him (whom I could not meet with at present, and now the Ship is ready to set sail) I shall endeavour to be further informed ; but at pre- sent with the tender of my humble service to the Koyal Society, and commending your Noble Designe to the blessing of the Almighty, I take my leave, &c. (Signed) Eichahd Noewood. INDIGO-PLANTING ENCOUEAGED. 255 66. Extract from a Letter from the Company relative to chap. the cultivation of Indigo.-^ J^™'. - Wee have been made acquainted with a designe sett on i^^i-iees. foote in the lUds for the planting of Indico (sic) and the great probabilitie of making the same a more profitable comodity than any other hitherto transported from them, and that the party that made the experiments hath bin much obstructed and discouraged therein. And wee doe require you the Governor and Councell to give all encouragement for the planting and making of Indico there, and that you certifie unto us by the next ship the occasion and ground whereuppon the said design hath bin so obstructed and discouraged. The Ship wee now send you is the Bermuda Merchant 200 tons 14 guns 27 seamen and a boy.* 67. The heading of the next entry is wanting. It occurs, together with some succeeding entries, among the wills, and the paging was taken, when the latter were indexed, in 1788, to belong to the same series. It is more probable, however, that these are leaves of another book. [At a meeting of a General Court for the Somer Islands, probably held in October 1667.] It was for the better carrying on of the adventure of whale Fishing in the Somer Islands resolued to go to great charge in the making of Tarris cisterns, erecting and setting vp of the same in sundry places, as well for the dreyning of the Blubber & trying of the Oyle, as for preserving & keeping of the Oyle, ' See a note, yol. i. p. 348. ' We learn from the ' Universal History,' that the settlement of New Provi- dence in the Bahamas about this time was due to Captain William Sayle. There is, however, some uncertainty about the date. The second charter to ihe Earl of clarendon and others, for the settlement of Carolina, was granted in 1665. Cap- tain Sayle may have been employed by the Lords Proprietors, before his selection to fill the post of Governor, but we are not informed of it. He was appointed Governor in 1669, and left Bermuda in execution of his trust in January, 1670 (vol. i. p. 737). ' In the year 1667, Captain Sayle, an Englishman, in his passage to Carolina, was obliged by stress of weather to land upon Providence Island." Upon his return to England, he made so favourable a report of the Bahama Islands in general to his employers, the proprietors of Carolina, that six of them applied for and obtained a grant for that of Providence, or, as it is sometimes called. New Providence, and of the Bahama Islands in general, lying between latitudes 22° and 27° . . . but although this was the first legal settlement of Bahamas, it had long before been a shelter for pirates, and a disorderly set of people, who lived either upon the wrecks of the ships driven upon those dangerous coasts, or by supplying the mariners who approached them with liquors and other necessaries ' (' Universal History,' vol. xxxvi. p. 287). 256 INSTRUCTIONS ABOUT WHALE OIL. CHAP, and whereas this court is informed That the Whales after . ^^^^- . killed, are left to lye some while before they he cut up the Oyle 1661-1668. dreyning into the sea, and to the diminishing of the fish by being deuoured by sea beasts likewise, ffor p'uention whereof This Court taking into there consideracon what is reported vnto them in the premises by the Grand comittee Do thinke fitt & order that the Husband & Ofi&cers in the Islands be required to take care as soon as any whale shall be killed and brought to land that the same be imediately cut vp and the blubber carryed to the cedar cisteme And that the sayd cistern be placed aloft so that the oyle may dreyne into the Tarris cisteme' and that what oyle shall naturally run from the Blubber, be pre- serued in the sayd Tarris cisterne and kept distinct as being the brightest oyle and best for sale : and when to be shipped so to be put vp in caske and marked with a distinct marke. And what shall not so run out, that the Blubber be tryed by boyling, and the oyle made thereof kept apart and so put vp in caske & marked with another marke And that care be taken in the Boyling of oyle that it be not burnt as heretofore. Thomas Makten Secretarie at a Gren'^all Court. 68. At a Council table 15 Nov 1667. Vpon the petition of William Smith quaker, for his being released of his bond of recognisance for his good abering and appearance at the next Assizes, by plurality of votes concluded that the sayd William Smith, William Wilkeson, Francis Islock and such quakers of Paget's tribe as were bound ouer uppon their good abering at the last Assizes and then and there to appere, vppon Mr. Samuel Wayly Counsellor of the sayd tribe his report of their, the said quakers abering, the aforesaid parties be forthwith cleared of their aforesaid recognisance. 69. At a Gen'^all Court for the Somer Islands Company- held at Armoiu-ers Hall in Coleman street London on munday the 27 Januarie 166f . The Eeport of the grand comittee of the 30th September last past (1667) touching Propositions to be made by the Company here to psons in the Somer Islands for vndertaking the manidgement of the whale fishing there having been read ' ' Tarris ' was a -water cement in universal use in Bermuda, for lining cisterns or tanks, until superseded by the introduction of Roman cement, about the year 1812. It was a compound of brickdnst, bottle dust, pounded very fine, with some sand and lime. The adepts in the art of making it, who were all negroes and slaves, pretended to make a mystery of the right proportions of the ingredients. — Hon. J. H. Dahbhli. QUAKBES CLEARED OF RECOGNIZANCES. 257 The Court proceeded therevpon, as foUoweth (vidzet) Whereas chap. the Adventure of whale fishing in and about the coast & seas of '^^^^' the Somer Islands hath bin set on foot and carryed on at a very lesf-iees. great charge to the respectiue adventurers, amounting in the whole to £2500, a great part of which Sume through the im- prudence & neglect of officers and those whose duty it was with all sedulity and care to have manadged the same, hath bin lost and spent, and that many irregularities haue bin comitted, so that the company haue been greatly abused, and the Country in some sort disquieted and discontented : ffor redress of all which and as well for the better ordering and manadging of the said adventure of whale fishing for the future, as for the gratifying of the country: This Court taking notice of the desires of the Inhabitants of the said Islands to them heretofore rep''esented and now againe renewed. Do order and resolue as foUoweth. (1) That a Proposition shalbe made for the Company here to the Country of the Somers Islands to & for the manadging of the whale fishing in & about the sayd Islands for & during the tearme of Three years (2) That the psons accepting of such p.positions, and vnder- taking the manadgm' of the sayd whale fishing shall for their labor paynes & charges to be had and taken therein haue & receive one full third part of the cleare profitts of the said whale fishing (3) That in consideration of the said one third part of the cleare pfitts as afore said, the said manadgers to pay & beare the whole charge of fishing for manuring the whale (sic), ordering the whale oyle, bone, sperma ceti, or any other the produce of the whale fishing, putting the same vp in caske, & shipping thereof. And also the said manadgers one third parte of the charges of all Boates, cisternes, coppers, harping yrons, lances, warpe, tackle, furniture, caske, instruments, and any other vtensils whatsoeuer, that shalbe prouided & employed from tyme to tyme in & about the said whale fishing. And also the said manadgers are to pay and bear one 3rd parte of the charge for freight of the whale oyle or any other the produce of the said whale fishing for and during the sayd tearme of Three yeares. (4) That for the better encouragement of the sayd manadgers of the whale fishing This company shall & will grant to the. said manadgers That they shall haue deliuered vnto them by Inventory & Tally from the Husband or other the officers of the company all such Boats, cisterns, sheds, coppers, kettles, harp- ing Irons, lances, warpe, tackle, furniture, caske, instruments, or any other vtensils whatsoeuer, of and belonging to this Com- pany that are now in the Islands to be employed and made vse VOL. II. S 258 PROPOSED LEASE OF WHALE FISHERY. CHAP, of by the said manadgers in the s* whale fishing for and during >_. , '_- the s' tearme of Three yeares, they the said manadgers paying 1661-1668. and bearing one 3rd pte of the charge for repayring & amend- ing the same, when and as often as need shall require, at the end of the said tearme of three yeares deliuering vp all the pticulars afore said by like inuentory & Tally to the said comp'* their Husband or other officer, in like condicon as they were deliuered, weare & teare & vsage excepted (5) That the Company here shall & will pay & beare two 3rd parts of the charge for making amending or repayring of Boates cisterns sheds coppers harping Irons lances warpe tackle furniture caske instruments or any other vtensils w'euer that by the said manadgers shalbe necessarily prouided & employed in manadging the sayd whale fishing, and also shall & will pay & beare two-3rd ptes of the charge for fraight of the oyle or any other the pr.duce of the s* whale fishing (6) The s* Comp'° do promise That if they shall find that the sd manadgers shall behaue themselues industriously dili- gently & faithfully in the p''mises The Company shall & will enlarge their tyme for further employment in the manadging of the said whale fishing (7) Lastly that the comp'* & manadgers shall joyntly agree that all the whale oyle or other the prduce of the whale fishing that shalbe had or made in & during the said Three yeares shall be shipped and brought to the poi-t of London, and there sold, and of the clear pfitts thereof the sayd compie to haue Two thirds part, and the manadgers one third part. And to the end that proceedings may be regularly had as well in publishing as prosecuting of these proposals This Court do require the G-ouernor & Councell in the Sd Islands That imediately vpon receipt hereof they cause a Grenerall Assembly there to be called, and that these proposals be comunicated vnto them And if the said generall Assembly shall thinke fitt to embrace them Then this Court doth recommend it to the said Grenerall Assembly to make choice of so many men as they shall think fit, for and on behalfe of the country to manadge the said whale fishing on the termes and conditions aforegoing. Thomas Marten, Secretarie. "^0. Captain Florentius Seymour was superseded by Captain Samuel Whalley in May 1668, to reappear as Governor for a short time in 1681. We have the an- nexed note of the modest equipment he left to his successor : — A Note of what Goods & Chattells Capt fflorentius Seymer, FUENITDEE OP GOVERNMENT HOUSE. 259 late Govemour left with his Successor, Capt Samuell Whalley chap. Governo"', In or about the Governors house for the accomodation xiii. of succeeding Governours ieef-iees. One Bull, and seaven Cowes in the grounds. Three hhds of Come, but not casked. 4 Come Barrells. One faire Bedsted over the Governors Chamber, good. One halfe bedded Bedsted in the Cham'' at the stares hedd, good. One Trundle Bedsted in the Porch Chamber, good. One whole bedded Bedsted in the Hall Chamber, verie defective. In the Chamber next the Church, One whole bedded Bed- sted, good. Sixe new hhds paid for by the publique (made by Capt Asser) for the use of the present Govemour Capt Samuel Whalley and his successors. Richard Stafford Sheriffe. November the 23'* 1668. s 2 260 1668-1669. CHAPTEE XIV. THE GOVEENMBNT OF CAPT. SAMUEL WHALLEY, 23 MAT, 1668 — 15 MAT, 1669. CHAP. Vert little can be gathered concerning Captain Samuel Whalley from the records of his short government, except that he incurred the denunciation of one of his ministers, whom he ultimately imprisoned for contumacy, for which he was censured by the Company. He evi- dently gave no satisfaction to his employers, and was probably superseded. The Company in 1670 dismissed him from the Council (p. 299). 1. Extracts from a General Letter to Captn Samuel Whaley, dated London 6^^ February 166|. (1) Forasmuch as We have received information that 70 negroes have been taken (as it is said) by Capt Jo: Wentworth from Tortola in the Virgin Islands, and brought into the Soiiier Islands, 7 of which negroes and a boy, having (as it is said) been secured by you the Grovernor and Council in the Islands, as the tenths of the whole, belonging to his Eoyal Highness the Duke of York. "We do order and require you the Grovernor and Council to examine the whole matter of fact, and set forth par- ticularly, by what authority the said 70 negroes were taken from Tortola, and how and in what manner, and by whom. Also how and in what manner they were brought into the Soiiier Islands, and how disposed of there, and to whom, and upon what terms ; and certify the same unto us by this ship. And tJiat you the Grovernor and Council do take care, that the said Eight Negroes be employed in the Company's Service, and disposed of proportionably as you the Grovernor and Council shall think fit, into the hands of those pubUc* officers of the Islands that are destitute of Servants and there to be and re- main until further order from us. And also that you take care, that none of any of the said 70 negroes, or such of them as were A COURT OF CHANCERY PROPOSED. 261 brought into the Somer Islands, do depart from thence until chap. like further order. ._3^Zl_- (2) We have also considered of what is intimated unto us 1668-1669. by a Letter from Capt Florentius Seymer and M"^ Henry Tucker. That the Grand Inquest have, at an Assizes held in the Somer Islands 1667 presented the great necessity of having a Court of Chancery erected there, for the relief of person's otherwise not relievable, where the Action is under £5 for which no appeal is to be admitted according to our Order of the 2""^ of October 1654. And we have ordered and appointed you the Grovernor and Council in pursuance of the printed Law Art: 175 to re- lieve in equity such persons as in the case aforesaid shall make their Appeal upon any verdict at Common Law where the action is under £5. And this Order to stand good, until we shall pro- vide for the erecting of a Court of Chancery as is desired ; the which will require such and so many formalities, as cannot easily or suddenly be passed over. (3) We have been made acquainted with a design set on foot in the Islands for the planting of Indigo, and the great probability of making the same a more profitable Commodity than any hitherto transported from thence, and that the party that made the experiment hath been much obstructed and dis- couraged therein. And we do require you the Grovernor and Council to give all encouragement for the planting and making of Indigo there, and that you certify unto us by the next ship the occasion and grounds whereupon the said design hath been so obstructed and discouraged. (4) We are sorry that an occasion is given us to tell you that our Laws and Orders have had but little regard (some of them at least) with you, as witness our Order of the 9'" of December 1664, debarring of persons to practice as Attomies, that have not been admitted thereto or licensed by us, which Order hath been proclaimed in the Islands, and upon further complaint reinforced by us, and you the Governor and Council strictly required to put the same into execution, and yet the matter of complaint continues, as if no such Order had been made, inso- much, that we have been constrained to make a new Order, and hereby to debar by name Leonard White and Will™ Eighton, against whom We have directed you how to proceed if you shall find them, or either of them to be contumacious ; as also against all other persons that shall be found to be transgressors thereof, as by the Order itself enclosed, will appear, to which We refer you. (5) And for other our Orders as well penal as other, made for the regulating of the Whale fishing Adventure ; we stand amazed to behold, that the same have been disregarded, and on 262 CLBKICAL FANATICISM. CHAP, all hands avoided by you the Grovernor and Council, by the . -^^^' . Commissioners, by our Husband and OflBcers as we could easily 1668-1669. instance by comparing the Laws and the practice thereof to- gether ; and least there might have been a suppression of any of those orders, We have thought good to send over transcripts thereof attested by our Secretary. And taking into our consi- deration the woful neglects, misdemeanours and miscarriages of M"^ Hugh Wentworth our Husband tending to the breach of his trust and abuse of his office, sent for, and come over in the us, and to give satisfaction. . . We have ordered, that he be ship, to answer the same before 2. Letter from Governor Sam. Whalley to Eev'^ Samp- son Bond February S*"" 166| entreating him to baptize his infant. Hono* Sir M"" John Wainwright hath beene with mee even now he saith M"^ Vaughan will Baptize my Child if I will bring itt to him, but will not recant his curseing (I must & others doe judge itt) of mee and my posterity in the name of the Lord, but saith hee did itt from Grod & must abide by itt, & saith hee hath don mee noe wrong. I desired M"' Wainwright to write soe much to you, but hee refused & said alsoe his being att the Lecture on Wednesday next was uncertaine wishing M"^ Vaughan and I might agree, which (considering the spirit of the man) is next to an impossibility, unlesse I will quitt my Innocence, and truly Sir, I will quitt my life first, soe that if you please to baptize my infant, I shall take itt as a Christian favo"^ from you, and I purpose to bring itt tomorrow if God pmitt, yo' pleasure heer in I pray signify to mee by this bearer in writeing & you'' oblig"' S' you" cordially to serve you in my capacity, Pagetts Tribe flFebru'^ S'" 166|. Sam'' Whalley. ffor my honoared ffriend M', Sampson Bond Minister of Gods word at his house in Pembroke Tribe. 3. At a Pipepowder (Piepoudre) Court held at S* Georges. uppon the motion of M' Thomas Gwin, and M' Solamon Robinson, the 6'" day of May 1668. Then & there present, Capt fflorenus Seymer Governor,' Capt William Sayle, Capt John Eawlings Sheriff, Capt ffrancis Tucker, Capt Eich* Jennyns M"" Eich* Woldridge, M"" Joseph Moore and Henry Tucker Secretie. This appears to be a slip of the pen. Capt. Whalley was Governor. An Accon of the case Damage 300'= sterl. COURT OF PIEPOUDRE. 263 The Names of the Jm-ors. chap. XIV. Capt Edward Stone, Capt John Stowe fiforeman, • .-^ M-^ Samuell Stone, Capt Giles Marsh, 1668-1669., M' John "Winge, M"^ Eichard Pearse, M' Joseph Nash, M"^ William Peaselie, M' Thomas Griffin Jun"", M' Samuel Meriwether, M"^ Hamond Johnson, M'' William Pitt, M"' Michaell Burroes. Solamon Robinson, Pt against The Shipp Blessing, and the goods "I -rv f aboard thereof J We find for the Plaint to keep the Shipp Blessing in his possession imtill the full sum of 81'° 8^ & 9"^ be fullie satisiied by the defend'. And the Defend' to pay all charges at the pre- sent Action. Thos Gwin Pt.. 1 An Action of Deft against V j accompt 150" Solamon Robinson Def. J sterling. We find for the Plaint £8 for the curtaines, and 14° for Rums. And for the Sugar and rest of Accompt, wee leave it as wee found it, for want of further evidence. And the Defend' to pay the charges of the present Action. 4. The following are inquiries of the Eoyal Society, for Virginia and the Bermudas, referred to at p. 252, which were answered by Eichard Stafford : — 7. Whether there be in the Bermudas a Poison-weed, like our Ivy, whose leaves do by the touch cause Blisters. And a Reed, whose juyce or infusion causeth Vomit ? 9. To give a particular account of the Spider in the Bermu- das, said to be large and beautiful for its colours ; weaving a Web betwixt several Trees, which is affirmed to be for substance and colour like perfect raw silk ; so strong, that Birds like Suites,' are shared therein ? 13. Whether round about the Coast of the Bermudas, the Tydes keep the same time ; and at what o'clock precisely 'tis High-water on the Dayes of Full and New Moon ; and how high the water rises then ? And the like on the Coast of Virginia and Florida ? 5. An extract of a Letter, written to the Publisher of the Phil. Transactions, from the Bermudas by Mr. Eichard ' Snite, an old form for snipe ; see WiUoughby's"' Ornithology,' p. 290. 264 R. STAFFORD TO THE ROYAL SOCIETY, 1668. CHAP. Stafford ; concerning the Tydes there, as also Whales, - — r-l— Sperma Ceti, strange Spiders- Webbs, some rare Vege- 1668-1669. tables, and the Longevity of the Inhabitants. Sir, Yours, Dated Feb. 10. 166|, came to the hands of my honour'd Friend Mr. Eichard Norwood, together with the His- tory of the E. Society and the Phil. Transactions, which he hath received as a singular favour. But having at this present weighty business lying upon him, which hindred him from an- swering your desires by this Ship with his own hand, he soUicited me to do it for him ; which I am very willing to comply with him in, as far as I am able. But I shall come short in many things at present ; but what is wanting now, may be supply'd hereafter. For, the season of the year will not afford many things which you desir'd in your Letter.' By the next oppor- tunity there shall be Eoots, Seeds, and Fruits provided for you. At present I shall informe you, that the Water about our Island does not flow, by any Mans Observation, above five Foot ; and that but at one season of the year, between Michaelmas and Christmas ; at other times not above three Foot. It is High- water, when the Moon is about an hour high ; and the like after her going down. It flowes in from the North-West and runs to the South-East nearest, and in that part of the Land which lies most to the North-West, there is High- water soonest. But the Tyde does not alwayes ebb and flow directly that course round about our Coast ; but, I suppose, the reason is, that some points of Land, or Sholes, may turn its North-West and South-East course. We have hereabout very many sorts of Fishes. There is amongst them great store of Whales, which in March, April and May use our Coast. I have my self kiUed many of them. Their Females have abundance of Milk, which their young ones suck out of the Teats, that grow by their Navell. They have no Teeth, but feed on Mosse, growing on the Eocks at the bottom during these three Moneths, and at no other season of the Year. When' that is consumed and gone, the Whales go away also. ' ' The things desired, as to Vegetables, were : 1. To gather the smaller Fruits, and dry them in the Air, and in the Shade, till they are as dry, as Raisins or Figgs are usually made. 2. To open Fruits of a larger kind, and the Stones or Kernels being taken out, to dry them. 3. To send Seeds, or Berryes, when they are ready to drop off, with as much husk or skins upon them, as may be. 4. To wrap up Roots in Mosse or light Earth, and to keep them, as much as is possible, from any dashing of Sea-water in the Voyage. 5. To set Plants or young Trees in halfe Tubs of Earth, arched over with honps, and covered with Matts to preserve them from the dashing of Sea-water ; giving them Air by all means every day, the weather being fair, and watering them with fresh water once a day. 6. To seijd of all the sorts of Potatoes in Earth. 7. To send all sort.s of Berries, Grasses, Grains and Herbes, wrapping up the Seeds very dry in paper.' LONGEVITY IN BERMUDA. 265 These we kill for their Oyl. But here have been Sperma-Ceti- cuap. Whales driven upon the shore, which Sperma (as they call it) ' . lies all over the Body of those Whales. These have divers 1668-1669. Teeth, which may be about as big as a Mans wrist ; and I hope by the next opportunity to send you one of them. I have been at the Bahama-Islands, and there have been found of this same sort of Whales dead on the Shore, with Sperma all over their Bodies. My self with about 20 more have agreed to try, whether we can master and kill them, for I could never hear of any of that sort, that were kill'd by any man ; such is their fierceness and swiftness. One such Whale would be worth many hundred pounds. They are very strong, and inlay'd with sinews all over their Body, which may be drawn out thirty fathom long. There is an Island among the Bahama's, which some of our People are setled upon, and more are going thither. 'Tis called New-Providence : where many rare things might be discover'd, if the People were but encouraged : And I am of opinion, there is not a more healthful place in the World. 'Tis stored with variety of Fish and Fowl, and with divers sorts of Trees and other Plants, whose qualities are not yet known As to the Age of our Inhabitants here, some do live to an hundred years and something upwards ; many live till they are nigh a hundred, but few above : And when they dye, 'tis age and weakness, that is the cause, and not any disease that attends them. The general distemper that is yearly amongst us, is a Cold ; and that is most gotten in the hottest weather. The Air here is very sweet and pleasant. Our Diet is but ordinary, and the People generally poor, and I observe, that poor People are most healthful You shall receive of Captain Thomas Morly, the Commander of our Magazeen-Ship, such things, as I could at present pro- cure.' Among which you shall find of the Leaves and Berries of that Weed you inquire after, which we call Poyson-weed, growing like your Ivy. I have seen a Man who was so poyson'd with, that the skin peel'd ofif his Face, and yet the Man never touch'd it, onely look'd on it as he pass'd by : but I have chaw'd it in my mouth, and it did me no harm. It is not hurtful to all." Here are Spiders, that spin their Webbs betwixt Trees standing seven or 8 fathom asunder ; and they do their Work by spirting their Webb into the Air, where the Wind carries it ' But these particulars could not be found in the ship. — Note by Royal Society. ' This observation as to the effects of Rhus toxicodendron is -weU founded ; people differ singularly in their susceptibility to the poison. It had no effect on the writBr, but is much dreaded by most persons. See p. 344. 266 company's orders overruled. CHAP, from Tree to Tree. This Webb, when finisht, will snare a Bird . ■^^J- . as big as a Thrush. Your self may prove it, for I have sent 1668-1669. you SOme. As to the Bark of a Tree, with which we are said to cover our Houses, that is an error ; for 'tis not the Bark, but the Leaves of a Tree, which we put to that use. And 'tis the Pal- metto : without which Tree we could not live comfortably in this place. The Leaves of some of these Trees are eight or ten foot long, and nigh as broad. I know no Tree in the World, that can equal it in the number of Commodities it affords, 'Tis reported, that in Virginia and upon the Coast of Florida the Indians live to a very great age ; and that some of the People are of a Gigantick Stature, and stronger by farr than others. As for the Eclipses of the Moon, you would have observ'd here, and be inform'd about, I can say but little of them : but, I suppose, my worthy Friend Mr. Norwood will give you an ac- count thereof to your content. If any thing should cause him to faile, it will be Age and weakness. He hath a great desire to serve the E. Society in every respect ; which shall engage me also to serve both them and you to the utmost of my ability, remaining, &c. (Signed) Eichakd Staffokd. Bermuda, July 16. 1668. 6. At a Councell 2°"* Julie 1668. (1) It being propounded to the Councell to consider, whether the persons who had earned & received oyle according to such Contracts as the Husbands have made, As likewise whether the Creditors, and persons employed uppon the whale ffishing designe, shall be permitted to dispose of, and send awaie such oyle as is, or shall be accruing unto them, in what Shipp, and unto what Port of his Maiest* Dominions, as they shall think fitt. It is voted on the affirmative. The Grovern"^ & M"" John Burch dis- senting. (2) The 70 Negroes, and the childe brought into these Islands by Capt John Wentworth, and by him tendered and Delivered to the Grovernm* of these Islands the last day of Julie 1665, in behalfe of his Highness the Duke of York, accruing unto his said Highness as his tenths, (the said Negroes being prize goods or Chattels.) The Honob'° Company haveing Or- dered by their late Magazine Shipp, the disposall thereof to their subordinate Officers of these Islands, which have not their Comp of Servants. It is, thereuppon. Agreed uppon, accord- ingly, and ordered, that the Negroes and childe in M' Samuell Smiths possession, as likewise the Negroe man in the possession CONTUMACY OF KEY. S. SMITH. 267 of M' John Nicholses Daughters, shall revolve to the Gover' for '^y^- his service. - , "._. The Negroe man in M"" Anthonie White Jun'^ possession, 1668-1669. unto Capt Sayle, as he is Comander of the Kings Castle. And the Negroe woman in M'' Shawes, and Humph erie Harvies pos- session unto M"" Eichard Stafford Sheriffe. (3) M'' John Bristowe, Provost Marshall, appearing at this Councell Table, and craveing leave and libertie of the Governor & Councell to goe for England for his managing his urgent affaires there. And propounding to the Goverm' to accept of his Sonne John Bristowe Jutf to officiate the Marshalls place, And to be Pilot untill hee shall returne againe, Or the Hon*'^ Companie empower some other person or psons in the aforesaid places of Marshall and Pilot. The Gover"^ and Councell have, unanimously, consented to his proceeding in his intended voyage. And have, likewise approved of John Bristow Jun"^ to be a person able and capiable of Officiating the aforesaid places accordingly. 7. At a Councell 14'^ & IS*"" Julie 1668. M"" Samuell Smith Minister appearing uppon Suinons before the Governor and Councell, and the Governor and Councell then declaring unto him. That they had determined at the last Councell Table how and in what maiier the severall charges should be supplied uppon the Lords Dayes, by M"^ Sampson Bond and himself. Ministers. And uppon the sayd M'' Smiths againe & againe Declaring that hee was not at the Govern'' and Cotmcells ordering him to preach in any other Church than where the Companie (according to his Commission or as hee thought fitt) should please to order. And hee then being by the Govern' advised & Eequired to submitt as aforesaid, hee replyed, that they had not power to order him, but that it was left unto himselfe. And likewise that hee had as much power as the Governf in those respects, with other contemptuous words then and by him expressed. More particularlie when hee was dismissed hee sayd, (thretningly) That once within these sixe or seven Moneths hee should stand uppon eaven ground with the Governm' Whereuppon, it was ordered by the Govern' & Coucell, that unless hee would acknowledge his sorrow for the said Contempt, hee should be Comited to the Marshalsie, there to remaine until hee should declare his sub- mission in relation to the premisses. 8. A Proclamation. By the Governo' 20 August 1668. Great hath bin the care of my predecessors in their declaring at the severall Assizes held in these Islands, and by their pub- 268 REV. S. SMITH IMPRISONED. CHAP, lishing in their proclamations, how much it concemeth the , ■ Inhabitants to use their best diligence in makeing upp and 1668-1669. ordering their Tobaccos in the most husbandHke manner they may. And because all Masters of ffamilies shall be left with- out excuse in relation thereunto. These are strictly to Charge & Coiiiand them more especiallie Tobacconists, to improove this Blessing of faire and favourable wether (afforded unto us by the Almightie) by their adding thereunto their best skill, care and dilligence in their handling the same, whereby they will, not onely remoove Odiums cast uppon these Islands Tobacco, but likewise will advantage themselves, (in all probabilitie) in their sale thereof, to the great Content of the Honor'* Company by our soe acting. Moreover these are to advertise all maiier of Inhabit*" that if any shall attempt to make payments of any Tobaccoes before the Generall day of Division, uppon any pre- tence w'soever, or to ship any Tobacco uppon any manner of vessells w*soever, except the Magazine Shipp, they shall not onely be looked uppon as Contemnors of Authoritie, but shall likewise, assuredly undergoe such penalties, as by the Honb'^ Companie have bin provided, and in such cases published in these Islands. Given under my hand the 20* day of August 1668. Sam^'' Whallet. 9. Memorand 24*'' Sept' 1668. Memorand. That uppon the 24*'" day of Septemb' 1668, M'' Samuell Smith Ministere appeared at Town, before Capt Samuell Whalley Grovernor, uppon his suinons. And hee then propounded unto the sayd M'^ Smith to submitt to the order of Councell Table of the 14**' & ISti" dayes of Julie last past. But M"^ Smith wholie declined to submitt as aforesaid, and alleaged. That the said business was transmitted to the Hono"'* Companie, and likewise sayd there was partiall dealing in itt, (or words to that effect :) to which the Governor replied, there was nothing soe done, but that if hee would yet submit to the order, it should all bee of none effect, (or words to that purpose.) And withall caused the aforesaid order to be read. And uppon his againe refuseing to submitt thereunto the Governor did then Signe a Mittimus for his Comitm' according to the contents of the aforesaid order. 10. Extracts from a General Letter. (1) For Deputy Governor we have elected and chosen Sir John Heydon Knight and by our Commission under our SHERIFF VERSUS GOVERNOR. 269 Common Seal have constituted him Grovernor and Captain chap. Greneral of the Sumer Islands, and we require and command all , ' - persons in the said Islands to be obedient to him in the execu- 1668-1669. tion of his said office and place, and what he shall command by virtue thereof. For Sheriff we have made choice of M"^ Anthony Jenour, and have now sent him our Commission. For Secretary M"^ Henry Tucker Sen', and have now sent him our Commission, and do order that he be immediately invested in the said office with all immunities thereunto belonging. (2) We think fit to inform you our Grovernor and Council that our Governor in the said Islands is the immediate Officer to us here, to see to the due execution of all such Laws, Orders, instructions and other process as have been or shall be sent from this Company to him, and the Council in the said Islands. And that you the Grovernor and Council have no power to put any of our Laws, Orders, Instructions or other process to the vote, or in the least to dispute the same ; and we do hereby command and require you our Grovernor and Council to forbear disputing the same. And that you our Council be assisting and further- ing to our Grovernor and Sheriff, that all our Laws and orders be exectly pursued and executed, and you our Grovernor we command, that if any of the Council after the receipt of this our letter shall be so bold as to desire or require you to put any of our Laws or orders to the vote, that immediately you discharge such person from the Council, and that thereupon you appoint some fit person to supply his place until such time as the Com- pany here proceed to a new Election ; and that you the Grovernor send us the name and demeanour of such Councillor or Council- lors as shall act contrary to our Commands, that we may make choice of other fit persons in their stead, and proceed against them according to their demerits. (3) We command you our Grovernor without delay to issue out your warrant to the Sheriff to execute all such Laws and Orders as we have or shall send you, unless we shall think fit from home to direct any warrant immediately to our Sheriff; in which case we command you our Grovernor and Council to see that the same be duly and speedily executed, and that you be helpful and assistant therein. We think good to inform you, that our Sheriff is, and so ought to be taken as Sheriff and our officer, so far as our Juris- dictions do extend, and accordingly to be obeyed both at land and sea, and we expect and require that he be obeyed and ob- served accordingly. And we do command all Justices, Councillors, Constables, military officers, and all other persons both by land and at sea 270 PROCLAMATION" AGAINST VICE. CHAP. XIV. to assist our Sheriff in the execution of his office, if thereunto required, upon pain of fine and imprisonment, and that in case 1668-1669. of resistance our Sheriff may raise such force as he shall think fit. (4) You acquaint us you have caused our Laws and Orders sent you by the last Magazine ship to be proclaimed and pub- lished. We expect and require you by this our Magazine ship to send us an account how our said Laws have been executed. (5) We have received the answers of several persons to the claim of Henry Sandys Esq*", but have not as yet proceeded to make any order therein. (6) We have taken into consideration the petition of Wil- liam Peniston and James Farmer touching the Company's Duties for Tobaccos by them landed in Ireland, and what you write in their behalf, and have ordered that they shall be dis- charged of the same upon payment of ig25 ready money or prime good Tobacco, the which we order you to consign to our Treasurer by this our Magazine Ship. But if they refuse or delay payment of the said 25'"° accordingly. Then we order you to demand and levy the whole duties from them accordingly to our order to you in our last General Letter, such Duties being :g92 odd money. 11. At an Assizes held at S* Georges 13th December 1668. (1) Christian North, widdow, of Hogg Bay in Saudis Tribe accused of witchcraft by Miriam Ward of Pagetts Tribe, according to an attestation taken on the 12th day of September 1668 by Capt. Samuell Whalley Grouer''. TJppon the Grand Inquests examination of the aforesaid Miriam Ward, and her said attestacon. They returned Ignora- mus, wherevppon shee the said Christian was quitted by Pro- clamacon. (2) Whereas Eobert Powell of S' Georges, Cooper, hath bin some yeares past an Infamous person (as by records it doth appeare) But hee having demened himselfe orderly of late yeares past, the said Powell hath bin, thereuppon, By Proclamation in Court, Cleered. 12. A Proclamation. By the Governor. 5 January 166|. (1) The Grand Inquest haveing at our late Assizes presented abuses obvious to their observations, I shall, (with the Concur- rence of the Councell) inflict suitable punishment (Consonant to his Maiesties Laws, and the Hono*"" Companies severall Orders) uppon aUmaner of Transgressors thereof,, whensoever they shall 166»-1669. .HIGH CONTEMPT OF GOVERNMENT. 271 be detected. And shall expect, according to the aforesaid ^^J^- Inquests desire, all dilligence in inferior Officers, more especi- allie Constables, in discovering drunkenness, swearing and lying. And whereas it was ordered at a former Assizes, that such persons as were guiltie of the sinn of ffornication should have their names published in the Tribes Churches where they lived, onlie ; It is now ordered, That such Transgressors names (for the deterring of others from committing the aforesaid Sinne) for the tyme to come, shall have their names published in all the Churches of these Islands. (2) And forasmuch as defects in the highwaies of some Tribes and places in and about these Islands have bin presented. It is, by myselfe and Councell expected, that there be a speedie alteration and emendation thereof, for the advantage of the gen'all Inhab", as well horsemen as foote-men. (3) And for the prevention of evill practices amongst us, arising from defective or false measures between buyers and sellers. Myselfe and Councell have thought fitt to order. That all maner of measures be brought to the Sherifife at his quarter walkes, soe that the aforesaid abuses may bee rectified and re- mooved, by his comparing them with the true measures of London, and by his marking them with such signall mark as hee shall think fitt. By which sealed or marked measures in the respective Tribes and at Towne, all manner of persons are allowed to buy and sell, and not by any other uppon the penalties of England provided in such cases. Given under my hand the 7th day of Januarie Ano : Dom : 1668. Sam'''' Whallkt. IS. At a Councell 12*'' Januarie 166|. Ellen the wife of Jarvis Inglesbie Jun^ By plurality of votes of Councell censured to be whipped immediately after the Lecture is ended at Devonshire Tribe Church with 39 lashes uppon the naked back. If she confessed who was the father of her Child, only to be whipped with 15 lashes. 14. At a Council 27'^ Januarie 16 6f. Uppon M' Jonas Bentham and M"" Jack Jacobsons assem- bling together at S' Georges upon the 20* day of this Instant ffebruarie 1668. And in Contempt to the Government of these Islands, voluntarelie takeing and putting each other into his Maiesties prison (videlzt) the stocks standing before the Go- vernors house, they then, likewise bringing with them, and there drinking of Wine at their pleasure. Uppon the Secretaries 272 company's law against Quakers. CHAP. Complaint of the said notorious abuse comitted in his sight ; . ^^^- . by them the sayd Bentham and Jacobson. Confessed the 22"'' 1668-1669. day of the aforesaid ifebruarie before Capt Samuell Whalley Grovernor. The sayd parties have bin thereupon, by the afore- said Groverno'^ censured to lie in prison untill they would submit to pay 20s apeece for the said ffact, which monie hath bin accordingly payd by the sayd parties for the use (according to Law) of S' Georges parish where the aforesaid offence was comitted. 15. At a Quarter Court for the Soraer Islands Company Wednesday 10* ffebruarie 166f . (1) Whereas forraigne persons of dangerous & irreligious principles coinonly called Quakers,' both men & women, for severall yeares last past, have resorted and come to the Soiiier Islands, and after their soe coming, have not only vented among the people there their pernitious errors tending to irreligion & Atheisme, but also have vilified & affronted the Ministers of the sayd Islands, and raised & caused differences among the Grovernours themselves, to the endangering the publick peace, and the discouragement of the Ministers. And that notwith- standing an order made by this Court 9"^ ffebruarie 1664, for the punishing of persons soe doeing, and the preventing of the comeing of any foraigne Quakers into the Country for the future, yet the cause of Complaint continues still, as if noe such order had bin made. Bee it Enacted and Ordained, That all and every Master of any Ship or vessell that shall repayre with his or their vessell or ship to the Soiiier Islands, & shall have aboard any foraigne Quaker or Quakers, knowing him, her or them to be such, shall give good Securitie to the Grovemor of the sayd Islands, to keep such Quakers or Quaker aboard his or their ship or vessell all the time of their being with such ship or vessell at the said Islands. And upon his or their departure with such ship or vessell from thence, to cary off from the said Islands, all & every such Quaker, under the penaltie of 100'° to be payd by every Master of such ship or vessell that shall offend in the premises upon conviction of the person so offending, either by his owne confession, or the Oath of two or more Witnesses to be taken before the Grovernor, or any one of the Councellors within the sayd Islands, the sayd forfeiture to be payd by every such offender to, and for the use of this Company, to the Sheriffe of the sayd Islands for the tyme being, to be layd out for defraying the publique charge of the Plantation, as by order of the Companie here shall bee directed & appointed. ' These Quakers came from New England and Barbadoes. company's law against brawlers. 273 And in case any such Quaker shall come ashore, or be found in *^^j^^'- any part of the said Islands, contrary to the intent of this Law, ,_^_^ The Grovernor or any one of the Councellors, upon knowledge ices-iGCo. or Complaint thereof, are hereby required to comitt such Quaker to prison, there to remaine without Bayle or Mainprize until such ship that carryed such Quaker to the said Islands shall carry him or her off, or the first opportunity of shipping shall be offered to carry him or her off from the said Islands. The which the Grovernor and Coimcell are hereby strictly en- joyned to see performed accordinglie. And the sayd Grovernor & Councell are to cause a Copie of this Law to be delivered to J:he Pilot of the said Islands, for the tyme being, with Coinand that he give notice thereof to all and every Master of any ship or vessell repayring to the said Islands ; to the end noe person may pretend ignorance. Thomas Maeten, Secretarie to the &c. (2) An Act against disturbers of the Ministers in the Islands. Bee it enacted and ordained. That noe yson being the Minister, or publique preacher of, or in any Church, Chappell or publick Congregation witliin the Soiner Islands, and officiat- ing, or doing his duty therein, upon any Lords day, or any other tyme, shall be molested, hindred or disturbed therein by any person whatsoever. And if any person or persons shall within Twentie dayes next ensuing the publication hereof, malitiously, wilfullie or of purpose molest, lett, disturb or disquiet, or other- wise trouble any such Minister or publicke pieacher, in doing or performing of their respective places : or in his going to, or returning from such place. Or make or cause to be made a publick disturbance in any part of the Lords day in any of the places aforesaid. It shall and may be lawful! for the Church- warden, overseer of the poore, or Constable of the parish or Tribe where such molestation, disturbance or fighting shall be, to apprehend, and they are hereby enjoyned to apprehend all & every person or persons so offending. Or in case of escape before such apprehensions, the Churchwardens, overseers of the poore, or Constables of the parish or Tribe where such offenders shall be found, to apprehend them and every of them as well without as with a Warr', and bring them before the Grovernor, or any of the Councellors, where any such person shall be appre- hended. And if the Grovernor or any of the Councellors shall find cause, uppon his own view, confession of the party, or Oath of one, or more sufficient witnesses (which oath he shall hereby VOL. II. T 274 MARRIAGE WITH A QUAKER. CHAP, have power to administer) then he shall coinitt such person or . J' . persons to prison, there to remayne till such person shall find 1668-1669. good Sureties to answer the same at the next Grenerall Assizes, or Sessions to be holden for the said Islands, where, if upon presentment or indictment, such p.son or person shall be found guiltie for malitiously, wilfuUie, or of purpose molesting, letting, disturbing, or otherwise troubling such Minister or publique preacher, or makeing disturbance as aforesaid, every yson so convicted shall forfeit the Suiiie of five pounds to be levyed by distress, and sale of the goodes and Chattells of the party soe offending, and payd over to the Sheriffe of the sayd Islands for the tyme being, to and for the use of this Companie and layd out for defraying the publicke charge of the plantation, as by the Companie here shall be directed and appointed. And in case of Disability the said Grovernor & Councell shall send such person to the house of Correction or workhouse, to bee sett to hard labour, with such moderate correction as in the discretion of the said Grov'^ & Councell shall be thought fitt, for some tyme not exceeding three Moneths. Thomas Makten. 16. At a Great and Generall Quarter Court for the Somers Companie holden at Armourers Hall the 20 Ffebruarie 166f. Be it enacted and Ordained That euery person in the Soiner Island that is now marryed vnto or shall hereafter be marryed vnto, or shall take to wife any person professing herselfe to be a Quaker or commonly reputed taken or knowne to be a Quaker, euery such person shall be, and is hereby made vncapable of holding bearing or enioying of any Office or place of public trust in the sayd Islands. And all and euery such person soe marryed as aforesaid are hereby required to forbeare to act in such office, as he or they will answer the contempt of the power and authority of the Company. 17. At a Quarter Court by adjournment held for the Somer Islands Company at Armourers Hall in Cole- man Street London on Monday the 22"'^ of February 1668. Upon the motion of M" Arthur Jones a Member of this Com- pany Ordered that a Liberty be, and is hereby granted tmto the said M' Jones or his agents to transport in the good ship the Somer Islands Merchant now bound for the Soiner Islands, or in any other ship or vessel, four tons of Cedar trees already fallen, whalley's defiance of orders. 275 and lying upon spoil, being the growth of his the said M' Jones chap. Lands in the said Islands, to be employed to and for the parti- • . cular use of him the said M'' Jones, any Law, Order, Injunction, 1668-1669. prohibition or restraint to the contrary thereof in any wise not- withstanding. Thomas Maeten Sectie to the Company 18. The next letter, dated March 9, 166|, is, accord- ing to the Company's custom, addressed to the Governor elect, and refers to a letter of July 15, 1668, as his letter, although he did not arrive in Bermuda until the May following, and the person officially responsible was, of course, his predecessor. Captain Whalley. Sir John Heydon (1) Your Grenerall Letter of the 15 Julie last past trans- mitted vnto vs by our magazeene shipp Capt Thomas Marten Comman"' which through the blessing of Grod arrived with vs in safetie, wee received the 15th September following, together with many other Letters and papers and as to manie of these, as tyme and opportunitie would admit vs to giue answers wee returne you the accompt following. (2) And first we give you to understand that you have alto- gether mistaken us in our Command (which was absolute) for shipping aboard Captain Morley 20 tons of oil : we did not direct of that year or of the fishing the year afore, but of such a quantity of oil. And the consequence of this your mistake hath been, that the best oil hath been left behind, and that which you have sent, hath proved a great part of it, drugs, and such as the buyers of it have complained of to us, and we there- upon have been enforced to abate of the price they had agreed to pay. And to pass by many indiscreet expressions (to say no more of them) in that your General Letter, which we can hardly digest, we are enforced to take notice of what you write touch- ing the Oil sold to the Laborers employed in the Whale fishing, and a liberty by you given to them to ship away such oil, other- wise than by our Magazine Ship, the which although expressly contrary to the letter of our Orders made touching the Whale fishing against trading in any Whale oil by any person save the Company only, and transporting the same to any port save to the port of London, and so is confest to be by your said letter, yet this liberty is by you pleaded for, "with hopes of indulgence therein from us, and we must tell you whatever is or may be suggested by you to the contrary. That we do, and shall ex- pect obedience to those and all other our Laws and orders which T 2 276 PROVISION FOR AN AGED MINISTER. GHAP. XIV. 1668-1669. we would not have disputed or dispensed with by you. And hope for a more punctual observance of them in tyme to come (3) Touching the 70 Negroes seized by Capt John Went- worth at Turtola in the Virgin Islands, and brought to the Soiner Islands, fforasmuch as it appeares unto us by an Order of Councell Table held in the Soiner Islands, ultimo Julie 1665 (transmitted unto , us) That Capt Wentworth did ingeniously confess to the Councell, That he had noe Coiiiission for Seizing of those Negroes ; Wee doe declare all those 70 Negroes to be forfeited as a Eoyalty belonging to the Company. And do order that you the Governor and Councell doe seize them, in whose hands soever they are, or any of them shall be found, to and for the use of the Company, And that you do dispose of them into the hands of the publick Officers that are wanting of Servants, proportionably, there to be and remaine untill further Order from us. And Wee doe further order & require you to transinitt unto us by the next returne of our Magazeene ship, a Compleat & perfect accompt of such Negroes, as the same by our last Grenerall Letters Wee required, and yet remaine on your part to be performed. (4) Wee have taken into our Consideration what you have written touching M"" Nathaniell White who is now growne aged, and by reason of weakness and infermities of body, not able to preach the Grospell as formerly, and therefore recoiiiending him unto us for maintainance, as also what is petitioned by South- amton and Sandys Tribes in that behalfe. And Wee have ordered that M"' White shall have and enioy the Grieab and Grieab lands belonging to Southamton and Sandis Tribes in the Somer Islands, and also shall have payd him by the Company the Suine of forty pounds p"" annum Sallary, untill another Minister shall be sent by us to supply those Tribes, and then that M"^ White have allowed him by the Company a competent maintenance dureing life. (5) In the case of M"" Samuell Smith Minister who hath bin entertayned by, And received his Coiiiission from us to goe over Minister to the Soiiier Islands, and to hold & execute the office of Minister at S" Greorges Town, and upon the late vacancy of the Ministers place in Smiths & Hamilton Tribe he was desired by letter from us to assist the other Ministers in the supply of the said vacancy, and pticularlie to officiate to Hamilton Tribe, and it appearing to us That M'' Vaughan before his coming over from the Islands had engaged M'' Smith to officiate to his the sayd M"" Vaughans Charge in his absence ; which was also the desire, and with the good liking of Warwick and Padgetts Tribes. Notwithstanding which the said M'' Smith by an order JURISDICTION OP THE COMPANY. 277 of A Councell Table held in the Islands 2"'^ July 1668 was ap- chap. pointed to preach to the Towne of S' Georges, to Hamilton, . ^^^' , Smiths & Sandys Tribes, being from one end of the Islands to 1668-16G9. the other, And Mr. Sampson Bond whose charge lay in the middle of the Islands to preach to M' Vaughans Tribes which lay but 2 miles off his owne. And that upon urging of the said Order, And M' Smiths appealing therefrom unto us, he hath by severall letters set forth his case, relating with all the im- possibility of such order on his part to be p.formed, not onely from his weakly constitution of body, but also the distance of places, being from one end of the Islands to the other at least 16 miles long. Since which Wee are given to understand by a late letter from Capt Whalley that the said M'' Smith, for his not complying with the said order, hath bin and is imprisoned. And taking the whole matter into our serious consideration, fforasmuch as nothing of Crime appeares to us to have bin coiiiitted by M'' Smith to cause his imprisonment. Wee declare that the Grovernor & Councell in the Soiiier Islands have noe power to appoint any Minister there to any Charge, then as he is designed by the Company here. And that Wee doe ill repent the imprisonment of M"" Smith. And doe Order his speedy enlargement, leaving him to take his remedy against the p''sons that caused his imprisonment.' (6) By the manie Laws by us made, and herewith sent you, you may perceive what our thoughts have bin concerning the people of Soiiier Islands, some of these Lawes having had their rise from Complaynts made unto us of many evills and enormi- ties among you justly reformable, others being pursuant to the desires of the Grenerall Assembly, and Wee hope all of them conducive to the welfare & prosperitie of the Soiiier Islands Plantation. And Wee require you the Governor & Councell to take especiall care that they be solemnly proclaimed, but chieflie that they be strictlie executed, and all of them by all psons duly observed. [Then follow the titles of twelve laws, of which an abstract will be found at p. 287.] 19. The Eev.'Nathaniell White did not Uve long to enjoy the Company's provision. He appears to have died about September 1668, and his will, composed in the solemn strain then customary in those documents, contains many interesting bequests ; it is, for example, ' Eev. Samuel Smith brought actions at the Assizes of June, 1670, against Captain William Sayle, Mr. Eichard Stafford, sheriff, Mr. Edward Sherlooke, Captain George Hubbard, Mr. Eichard Woldridge, and others for false imprison- ment, and obtained 501. damages from each, against -which the defendants appealed, under Art. 175 of the Book of Orders of 1622. See vol. i. p. 219. 1668-1669. 278 WILL OF REV. NATHANIEL WHITE. CHAP, unexpected to find the ' Summa Theologige ' of Thomas Aquinas bequeathed by him as a precious possession to a brother minister of the same school. Will of Kev. Nathaniell White. JehouEe laus gloria et honor in Secula seculorum Amen In the Name of Grod Amen The last will and Testament of Nathaniell White Pastor of the Church of Christ in Sumer Islands als Bermuda in the year of our Lord Grod 1666 and 26th day of the seauenth moneth being in perfect memorie. Iinprimis I comend my spirit breathed from the ffather of speritts into the hands of the redeemer of speritts, my blessed Eedeemer the Lord Jesus Christ, to be presented pure & spot- lesse vnto the God of speritts in that moment when death shall sue a divorse betweene it and my bodie, in assm'ed hope that I shall (by this meanes) partake of the inheritance of the Saints in light. Item. I give my bodie to be either interred or intombed in the bowells of the earth, or other creature, as shall seeme good to the infinitelie wise disposer of all things, belieuing (through Christ) that I shall haue part in the first resurrection, and that the second death shall haue noe power on mee. Item I bequeath my dearlie beloued wife and tenderly affected children vnto the liueing Grod who gratiouslie hath giuen them vnto me, most humblie beseeching his Sacred Maiestie, and cordially beleiueing that he will be a Husband to the one, and a father to the other accordinge to his promise. As also that hee will keepe them from the euiU that is in the world through lust by Jesus Christ. IteTn I giue vnto my dearly beloued wife Hannah my negro woman and Samuel her youngest sonne, withal all those children that shalbe borne of her bodie which belong vnto mee after my decease. Item I giue vnto my sonne Nathaniell White my negroe boy called Nathaniell. Item I giue vnto my sonne Cornelius White my negroe maid called Sarah. IteTn I giue vnto my Daughter Elizabeth Bascome my negro boy called Richard, of which shee is already possessed and also tenn pounds in monie And it is my will that my wife and children to whome I haue giuen my negroes that they be care- full of instructing them in the principalis of religion And in case they shall neglect it, it is my will that vpon seasonable admonition giuen either by the supervisor of my will or any of my children, that remaine faithful! in Catechizing their negroes HIS BEQUESTS OP BOOKS. 279 and not barkened vnto, to reformacon, that the neglected negroe chap. be taken from the partie neglecting it, by the supervisor of my . ^^J- . will and be giuen to that partie or person that hath been most 1668-j 669. faithfull & diligent in instructing his negroe. Item I giue vnto my sonne-in-law George Bascome a Book debt for goods hee hath had of mee amounting vnto the summe of foure pounds, two shillings and sixpence. Item I giue vnto my seuen grandchildren, the children of my welbeloued sonne Capt George Bascome, Elizabeth, Marie, Nathaniel, John, Lydia, Marion & Hephzibah, Thirtie iiue pounds sterling in monie currant with the merchant to be equallie diuided amongst them, And my will is, that these persons [portions] vidzt the porcons of my grandechildren be within one yeare's space paid by my Administratrix into the hands of Capt Thomas Eichards my welbeloued friend, whome I make supervisor of this my last will and testam' for my grand- children's vse. And it is my humble desire that he would be pleased to imploy these porcons for their aduantage according to his discretion, he my aforesaid supervisor being alwaies account- able for them to my aforesaid grand children with the increase (if God shall be pleased to pswade my beloued friend aforesaid to act as aforesaid) if any bee, alwaies excepting the casualtie or danger of fire and Eobbery, in manner & forme following, that is to say at the age of one and twentie yeares or at the day of marriage if they shall so long Iiue, but if it seeme good to the Almightie God to take them out of the world before that, then the porcon or porcons of such deceased shall be equally diuided betweene the suruiuors. Item, as concerning the rest of my estate not giuen awaye before, which God hath gratiously giuen to me, my will is that it be disposed of in manner & forme following vizt. that after my debts are paid which are not manie, and the Legacies deducted which are but few, my Bookes plate Cattle househould stuffe English seruants monies, and whateuer else shall appeare to be mine owne either within doores or without, an Inuentorie of all being first taken, and then iustly diuided into two partes That the one halfe shall be the porcon of my dearlie beloued wife and the other halfe shalbe equallie diuided betweene my three sonnes Nathaniell, Leonard, and Cornelius White, my first borne to haue an equall porcon with the rest, and soe (his education considered) he hath according to diuine appointment, a double porcon. Item, It is my will, that my bookes and papers (except those that I shall after dispose of ) be sent to my son Nathaniell in England, and that he shall sell them, and if the price of them exceed his proportion as I thinke it will, if God blesse them well to his hands, that he pay the exceeding {sic) back to his mother 280 FATE OF AN ABOLITIONIST. CHAP, and brothers. But if through any damage they may receaue , ^^J- . by the sea or otherwise the price fall short, that then they make 1668-1669. it vp out of their porcons to him. Item, I giue my dearly beloued brother M' Sampson Bond that pretious man Aquinas his Summes \s%c : Summa Theologise]. Item, I giue vnto my well beloued sonne in law Capt George Bascome one booke called the Annals or generall Chronicall of England, begun by John Stowe and continued by Edmund How. Item, I giue vnto M'' Henrie Vaughan my dearlie beloued Brother Bernardes workes. Item, I giue vnto M"^ Samuel Smith my dearly beloued Brother the Annals of Nicholas Chonnitas G-reeke& Latin. Item, I giue vnto Jacob Morre my brother in case he suruiue mee twentie shillings or to the value in Goods. Item, I giue vnto my Brother Phillip Dunscombe and sister Elizabeth Younge twentie shillings assiue or to the value in goods if they surviue me. Item, I giue and bequeath fortie shillings towards the re- payring of the Chappell if it be repayred within twelue months after my decease, but if not then to be equallie divided amongst the poore of Port royall Tribe (Warwick) and Sandys. Item, my will is that my deare & loueing wife be adminis- tatrix of this my last will and testa,ment, and my will is and I heartilie pray my well beloued friend Capt Thomas Eichards to be the onlie supervisor of this my last will and Testament to whom as a memoriall I giue twentie shillings to buy a mourning ring with wh I would entreate him to buy and weare for my sake. In witnes whereof I haue here vnto put my hand and scale Nath : White. Signed sealed and deUuered in the presence of vs Leonard White, Joseph I Clemen's mke. [No date; the next entry is dated 22 June, 1669, previously to which the will was proved.] 20. The Company re-enacted, 10 Feb. 166f, their laws for the strict observance of the Sabbath. Every person above the age of ten years was to be held guilty of profaning the Lord's day and subject to fines varying from Vld. to 10s., or imprisonment, who should travel by land or by water without urgent necessity, or frequent a public-house, or send for liquor, or absent himself from pubhc worship. GENERAL LETTEE OF 1669. 281 21. At a Councell Table 13"' November 1668. ^i^/ Uppon Cap' John Darrell, and M'' Eichard Hunt's appearing i^^^^^^^. and mooveing in behalfe of M' Samuell Smith, for his heing cleared uppon Baile. The Gover"^ putting it to the vote of the Councell : It is thereuppon Voted by the Governor, Capt William Sayle, Capt fflorentius Seymer, M"" Eichard Stafford Sheriffs, Capt ffrancis Tucker, M'' John Wainwrighte, M' Joseph Moore, Capt George Hubbard, M"^ Edward Sherlock & M'' Eichard Woldridge. That hee the sayd M"" Smith shall there remaine (videP in the Marshalls Custodie) untill hee shall sub- mit to the forer order of Government ; or untill the Hono"'" Copies pleasure shall be further knowne touching the Order aforesaid. M'' Eichard Norwood, Capt Eichard Jennyns, and the Secre- taries Votes as foUoweth. M' Eichard Norwood wisheth, that hee may be freed uppon Bayle in regard of his weaknesse. Capt Eichard Jennyns, that hee may be cleared uppon Baile untill the Hon'"^ Comp'*' pleasure be further knowne. The Secretarie, that hee may be cleared uppon Bayle untill the Hon"'^ Companies pleasure be further knowne : In respect hee hath bin in prison these Seven weeks. And (as hee con- ceiveth) is in a weake Condition in respect of his corporall helth. 22. Extracts from a General Letter dated 9 March 166f . (1) We have chosen and elected for Soiner Islands as fol- loweth (Vizt) Sir John Haydon Knight, Governor, Commander and Captain General of all the people in the Plantation of the Soiner Islands. And of all the persons in every or any of them, to whom We have granted our Commission in that behalf. We have continued M'' Eichard Stafford Sheriff, and M' Henry Tucker Secretary. . . . (2) Forasmuch as Capt John Eawlings who was lately elected and chosen by us to the place and office of Councillor for Paget Tribe in the Soiiier Islands hath absolutely refused to hold or officiate the same as by your last General Letter is intimated unto us. We taking the matter into consideration, and reflect- ing on the ill consequence of such refusals, and that if the same be not severely punished the Islands may be left without Go- vernment, We have fined the said Capt Eawlings for such his refusal to pay the sum of 10^ and ordered it to be levied upon his goods and estate in the Islands, by Warrant from you the 282 PRODUCE OP WHALE FISHERY TO BE SEIZED. CHAP. G-overnor &" directed that the same be paid over to the Sheriff . ■^^ ^- of the Islands for the time being, to be laid out for defraying 1668-1669. the public charge of the Plantation, as by Order from the Com- pany here shall be directed and appointed. And we do intimate unto you that in imposing this fine, we did not proceed so severely as otherwise we would have done, in regard Capt Eaw- lings was the first example, but if any shall presume to offend in the like line, they shall find us to exceed in our fines, and to exact the breach of our orders with far greater severities. (3) The late Grenerall Assembly called by Captain Samuell Whalley being dissolved, in' regard that since that tyme wee haue chosen and appointed Sir John Heydon Knight to be Grouernor of the Summers Islands Wee doe therefore require you the Grouernor and Council to call another Grenerall Assembly, and that you doe communicate vnto them the inclosed Letters, as also our propositions for carrying on the Whale fishing in the Somer Islands, and that you returne vs an accompt of their pro- ceedings thereupon by this shipp. (4) If any Whale Oyle shall be made this yeare, before the arrivall of our Magazeene Shipp at the Islands, Wee doe require you the Grovernor & Councell to cause to be seized to and for the use of the Company, all such oyle, or any other the produce of the Whale fishing, in whose hands soever the same shall be found. And Wee have Ordered that such persons as have bin at charge & paines in taking of Whales, making of Oyle &", shall have allowance for the same, according to the Companies tearmes now to be offered to the Grenerall Assembly. Provided such persons shall become the undertakers of the carrying on of the Whale fishing, and shall consent unto, and Scale the Articles. And for all others that they forfeit and loose their fish, oyle, &°, and be further lyable to the penaltyes in the Companys Orders, made touching the Whale fishing, of which you may give notice unto the Greneral Assembly, if you shall see cause. (5) And forasmuch as Wee have received Information, That great quantityes of Whale oyle have bin imbezeled and stolen, and transported to the Barbadoes and other places, and much brought to London. Wee doe require you the Grovernour and Councell to cause strict enquirie to be made, what Oyle, or any other the produce of the Whale fishing hath bin soe imlDezeled, stolen & transported, and by whome. And that you returne imto us an exact accompt thereof by this Shipp. ffurther wee require you to cause to be sent home unto us in this shipp all such oyle as was left behind the last shipping. Wee being in- formed that there were many Tons of oyle soe left behind. EEMUNEEATION OP E. NORWOOD. 283 (6) Wee pray you to intimate unto M' Norwood that wee chap have Considered of his paynes & care in his late Survey of the . ^^^' . Islands, and his drawing up & presenting us with a map & 1668-1669. modell thereof. And wee have ordered him ^or the same the Suiiie of £50 to be paid unto him or his Assignes. And as God shall enable us, Wee shall take his demands into our further Consideration. And thus coiiiitting you to the protection of the Almighty, Wee rest Your very loving friends Manchester Governor. Gill : Gerard Deputy Armourers Hall 9* March, 1668. and nine others. 23. Of the same date is an imperfect letter separately entered, beginning a correspondence relative to the whale fishery, which, however, does not appear to have been long kept distinct trom the other subjects of communica- tion. It was found among wills and valuations : — .... We haue receued a paper attested by M"^ Henry Tucker Secretie as a true copy of the proceedings of a large & generall assembly held the 12 June 1668 by which we perceive that our propositions made touching the vndertaking of the whale fishing in and about the coasts & seas of the Somer Islands by the Inhabitants haue not had that entertainment and acceptance as we had hoped they would haue found from the said Generall Assembly And vppon the consideration of the reasons therein offered for not complying with these our tearmes, and the proposals made of other consideracons Wee haue there- uppon returned the enclosed as such offers & tenders on our part, lower than which we shall not grant. If they shall accept of the tearmes wee now propound the vndertakers may forthwith go on with the whale fishinge They haueing first signed to the Articles, if not wee haue resolued touching the carrying it on in some other way. Whereas it was among other things proposed unto us by the said Assembly that the undertakers may haue their part of the Oyle deliuered into their possession the first Munday after the 10th of June and liberty granted to dispose of it to any place whatsoeuer Wee doe hereby intimate unto you that we shall not giue way that the oyle shall be carried to any place but to the Port of London And whereas the said Assembly did ground their proposals vppon the charge of the fishing as hitherto man- adged. Wee doe further intimate vnto you that there is noe reason we should make the Husbands accompts the ground of our con- 284 CONFLICTS ABOUT THE WHALE FISHERY. CHAP, sideracon to those proposals : those accompts being such that ^^^- we cannot nor shall not allow of as upon view of them and the 1668-1669. manifould expenses we haue made unto them, will sufficiently and at large appeare. And thus comitting you to the protecon of the Almighty we rest your very loueing friends GrlLBEHT GrEKAKD Dep. and 8 more. Armourers Hall March the 9th 1668. 285 CHAPTEE XV. THE GOVERNMENT OF SIR JOHN HEYDON, KT. MAT 1669 TO JUNE 1681. The government of Sir John Heydon is not only by much ^xv^' the longest, but is also the most remarkable, in the history ^- » -' of Bermuda, for he, with the Company's concurrence, carried it on for ten years without summoning the General Assembly ; and as he paid very little attention to the orders from London, he was virtually his own master. Much, however, and often as his employers complained of him, they evidently felt that they could not benefit them- selves by a change, and his ultimate recal was due not to their dissatisfaction, but to complaints which reached the Crown. His ability is shown by his triumphant acquittal and subsequent re-employment. Sir John Heydon was connected with the Company before 1656, and was a large proprietor in the islands ; he owned, in 1662, about 240 acres, or the equivalent of nearly ten shares, in Ireland Island, Somerset, and Sandys Tribe. In that year he succeeded Colonel Owen Eowe, as Deputy Governor in London, and filled the same office at intervals down to 1668, when he was induced to exchange it for that of Deputy in Bermuda.^ When the Company was in difficulties in 168B he gave them his services again. Such a career shows that he was a man of no ordinary force of character. He abated no jot of his authority when recalled in June 1681 to give an account of himself, and did not hand his commission to his successor until he was outside • These dates are based upon signatures to documents. Deputy Governors : J. Heydon, Oct. 14, 1666; P. Trott, Nov. 1, 1666; 0. Eowe, Sept. 19, 1659; '"-. Gerard, Feb. 6, 1667 ; J. Heydon, Sept. 13, 1660 ; J. Heydon, Juno 22, 1668. 286 RELEASE OP KEV. S. SMITH. CHAP, the town harbour. There is unfortunately nothing known . "^y* ■ about him, beyond what appears in the voluminous official 1669-1681. records of his administration. 1. Arrival of Sir John Heydon. (1) Satiirday the 15'" May An Dom 1669, the Magazeene Shipp Somer Islands Merchant (Capt John Jenkins Master thereof) came to an Anker in the Castle Harbor : and brought with him Sir John Haydon Knight, the which gentleman was then formallie accepted, entertained and enstalled Goyemour of these Islands, according to the Honorable Companies Comission and Order to the Government of these Islands, directed to Capt Samuell Whalley, M"" Eichard Stafford Sheriffe, Capt George Hubbard, M"" Eichard Woldridge, Henry Tucker Secretarie, And manie other considerable persons then present. And after the oath of the Governor was by him the sayd Sir John Heydon taken, and the Companies Gen'all Letf was read : Capt John Darrell for Warwick Tribe, M'' Jonathan Turner for Devonshire Tribe, M'' Thomas Wells for Smiths Tribe and Capt Godheard Asser for Hamilton Tribe, were then, according to the Companies Order, admitted, and sworne Counsellors for the aforesaid Tribes, and M'' Henrie Durham for Southamton Tribe. In the presence of the aforesaid Governor, M"^ Eichard Norwood & Henry Tucker aforesaid, the 17"" day of the aforesaid Month. And according to the Hono*"" Comp°^ express order in the aforesaid Letter, M"" Samuell Smith Minister was sent for and released out of prison.' (2) Memorand. That uppon Tuesdaie the 18"' day of May An Dom : 1669, Sir John Heydon Knight, Governor and Capt Gen'all of these Islands, according to the Hono"'" Companies Coiiiission, repayred to the Kings Castle, And according to the aforesaid Companies Order was entertayned by Capt William Sayle civillie. And the sayd Capt Sayle did resign the Coiiiand of the aforesaid Castle to Sir John Heydon, according to the purport of a Coiiiission directed to Sir John Heydon atoresaid, by the Honoble Companie for Suiiier Islands. Hen : Tuckek Secretie. 2. A Proclamation. By Sir John Heydon Knight, Governour and Captaine General! 20 May 1669. As the Hono'* Company hath given ample Testimonie of ' He had been imprisoned near'y eight months. See pp. 268-281. LAWS TRANSMITTED BY THE COMPANY. 287 their great care and love unto this their Colonic, under his chap. Mai"% by spending much tyme in compiling many wholsom , ' - Lawes for the suppression of evills and enormities predominating ] 669-1681. amongst us, And for the encouragem* of well affected and industrious persons with us. Soe it is the dutie of all, and all manner of Inhabi'° to demonstrate their reall thankfulness by their cheerful and redie complying with the Hono"'" Companies expectation. And conforming to such Lawes as they have bin pleased to transmitt for o"" mutuall good & comfort. And because all may be without excuse for their knowledge thereof, I have with the concurrence of the Councell, and in our con- formitie to the sayd Companies Order, thought fitt to proclayme their Lawes here under written, sent over by this their Maga- zeene Shipp (the which is to be onladed and reladed in 40 days tyme) strictly charging and requireing all manner of Inhabi- tants, not onlie to hear them read, but likewise to yeald a due and suitable obedience thereunto. As they will answer the contrary at their respective perills. Given under my hand the 20* of May 1669. John Hetdon. 3. Laws enacted at a Great and generall Quarter court for the Somer Islands Compa : holden at Armourers Hall in Coleman Street London 10 February 166f .^ (1) A Law to prevent the coming of fforaigne Quakers into the Islands. See ante, p. 272. (2) An Act for punishing disturbers of the ministers in the islands. See ante, p. 273. (3) A LaW for the sanctifying of the Lord's Day- Eenders penal travelling by land or water, frequenting any ale-house, victualling-house, or strong-water house ; sending for any wine, punch, rum, strong waters, spirits, or any other liquors unnecessarily ; tippling ; walking about during the time of pubhc Avorship ; pursuing ordi- nary calhngs or doing ordinary work ; selhng or buying ; neglect of public worship. There are reasonable excep- tions made and fines enacted. (4) A Law against adultery and fornication. For the former offence a fine of lOZ. to 20^. ; in case of refusal to ' From the Public Record Office, Colonial Papers, vol. xxxiii. 1669-1681. 288 LAWS TBANSMITTED BY THE COMPANY. CHAP, pay, six months' imprisonment ; in case of disability, to be publicly whipped. The penalty not to extend to any woman deserted by her husband for three years, or whose husband is by common fame reported to be dead. For the latter offence, three months' imprisonment. (5) A Law against unlicensed ale-houses. (6) A Law against entertaining any ship as a maga- zine ship wherein any member of the Company hath a share. This seems to be aimed at Perient Trott, and places the prohibition on the ground of the proved im- possibility of enforcing the laws in such cases. (7) A Law against councillors selling drink as an ale- house-keeper, victualler, or host of public entertainment. (8) A Law to prevent stealing. Aimed at prtedial larceny, theft of fruits, roots, poidtry, &c., by negroes. All negroes abroad without their master's ticket to be arrested and whipped by order of the nearest councillor. Parents of children trespassing to be fined. (9) A Law for putting out children to service, and to be apprentices. (10) A Law for raising the value of Spanish coins of eight ; that is to say, Seville, Mexico, or Pillar pieces to be of the full value of bs. Ad. ; Poor and ordinary Pillar pieces of eight, called ' peine pieces,' to be 45. 8^ ; frac- tional coins in Uke proportion. The object" was to prevent their exportation. (11) A Law to pay in money to the whale fishing adventure. This law requires the paying up of all shares before the Easter following, un^ler pain of forfeiture. 4. Law passed at a court 22 February 166f . A penal order against destroying palmetto trees enlarged. It refers to and enforces Orders of October 2, 1662, and December 30, 1666, and enacts a penalty of ]0^. for cutting down any palmetto trees by landlords or tenants. Negroes or servants to be whipped. PUNISHMENT FOR SEDITION,: 289 5. At a Councell Table 9"^ & 10'" June 1669. ^l^^- Uppon a Complaint exhibited against George Grarret of 1669-I68i. Southamton Tribe, grounded uppon the Attestation of M' Eichard Lecraft averring uppon Oath, that hee had about three weeks last past reprooved the sayd Garret, fFor his telling the Negroes, that they should be made free at the next mustering, when the Governor should cum upp, hee the said Garret then alleaging that M' Nathaniel Sayle, and M"" Thomas Griffin Jun"", had tould him as aforesaid. But uppon the aforesaid Griffins tendering to take his Oath, that hee never had spoke any such words unto the sayd Garret, or ever had seene him before in his life tyme to his remembrance. The sayd George Garret, by pluralitie of votes of the Councell, Censured to be whipt with 21 lashes at the whipping post in Pembrooke Tribe, imediately after the Evening Sermon, the next ensuing Lords Day ; and to have a paper pinned uppon his back or breast at or before his punishm' aforesaid. ' George Garret Censured to be whipt, for falslie reporting that the native Negroes are to be freed by the Kings Maiesties Coiiiand.' 6. Memorandum. At a Council Table 22 June 1669. M'' Samuell Smith Minister, one of the Atturnies of M' Henry Vaughan late Minister in these Islands, did, at a Councell Table held at S' Georges the 24* day of May 1669, require Capt William Sayle to make good certaine words by him spoken uppon the 17"" day of the aforesaid Moneth (videlzt) That M' Vaughan aforesaid, had in the pulpit cursed Capt Whalley and his familie in the Lords name,' withall then saying that hee would proove it by 20 oathes : which Charge against M"" Vaughan, the sayd Capt Sayle did at the aforesaid Councell Table owne, a.nd then promised to make good at the next fol- lowing Councell Table. But hath not as yet made the sayd Charge good, notwithstanding the aforesaid M' Smiths againe & againe eomplayning, but hath Appealed to the next Assizes. 7. Eev. Sapiuell Mavericke, New York, to John Win- throp J"" Governor of Connecticutt. 29th June 1669. .... Heare hath beene lately two vessells from Barmodoes: one bringes a letter from one Mr Sampson Bond, which inti- mates that himgelfe and some hundreds of people haue a desire VOL. 11. U 290 SEVERITIES AGAINST QUAKERS. CHAP, to remove from thence hither if they might heare haue accom- ^J- . modation. It fell to my share to answer the letter, a coppie 1669-1681. of which I send inclosed, by which you may see wtat they desire, and what the Grovernor grants them.' 8. The penal law against Quakers quickly bore fruit, which is thus recorded in the history of that sect : — Anno 1669 There was now another Grovernour come over from England, viz. Sir John Heydon, who brought with him Laws for levying one Shilling for every Sunday's Absence of each Person from their Parish Church. This Law being published in the Island, the People called Quakers soon felt its Effect, as appeared by the following Warrant, Viz, ' Summer-Islands. ' To the Church-Wardens and Constables of Paget's Tribe. These are, in his Majesty's Name, to will and require you, or any two of you, to go to the House and Land of Eobert Wilkin- son, and distress and seize into your Hands the Goods and Chattels of the said Wilkinson, to the Sum and Value of Eight Shillings Sterling, and likewise the Groods and Chattels of Capt Philip Lea, to the Sum and Value of four Shillings Sterling, likewise the Groods and Chattels of Francis Estlake, to the Sum and Value of twenty Shillings Sterling. Likewise the Goods and Chattels of Lieut Thomas Forster, to the Value of eight Shillings Sterling; and likewise the Goods and Chattels of William Smith, to the sum of four Shillings Sterling, for the Absence of the aforesaid Eobert Wilkinson and Wife from ' Church one Month, and the Absence of Capt Philip Lea's Wife from Church one month, and the Absence of Francis Estlake's Wife and three Children from Church one Month, and the Absence of Lieutenant Thomas Forster's Wife and Daughter Anne from Church one Month, and the Absence of William Smith one Month, and the Absence of William Watkins Senior's Wife one Month : All whose Absence is contrary to his Majesty's Laws, and the Laws lately sent from the honourable Company. The Goods of the aforesaid Persons seized and distressed as afore- said, you are to give them five Days Time to redeem the Goods out of your Hands. If not in that time redeemed, you are to sell the Goods, and the Overplus to return to their first Owners, ' according to the Law in that Case provided. Hereof fail you not, as you will answer the Contrary at your Peril. ' Given under my hand and seal the 9'" Day of August 1669. ' Henet More, Counsellor.' ' Mass. Hist. Coll., series iv. vol. vii. p. 319. BAPTISM OP SLAVES, 1669. 291 On the 14"^ of the same Month this Warrant was executed, chap. and Goods taken from several of the Persons concerned, to a greater . _ ^^- ^ Value than the Demands made upon them did amount unto. 1669-1681: About the same time John Dorrell, a Justice of the Peace, gave forth a Warrant to the Constable and other Ofi&cers in the Warwick Tribe, by Virtue of which were taken from Patience Bullock, for herself and her two Daughters, Goods worth 14% and from Nehemiah Tatum, for his Wifes Absence, Goods to the Value of 12». 9. Governors Warrant. 7*'' September 1669. To M"^ John Bristowe Jun"" Provost Marshall. By Sir John Heydon Governor Whereas William Deane of S' Georges Marin"" hath bin a man of a deboshed life and Conversation, more especiallie since his Mariage. And hath bin Admonished by Magistrates to reforme. And yet, notwithstanding favour formerlie shewed unto him, bee hath not seased to tell his Neighbo"" (videlzt) Mistr^ Katharine Shaw, that he did not care a for her, nor for M" Samuell Smith neither, and bid her goe and tell him soe ; with his addition of repitition of manie other reprochfuU languages unto her the said Katharine, for noe other cause, then onelie that shee came to his house uppon her hearing of him notoriously abusing and beating his owne Wife, as formerlie hee hath done. These are therefore to require and authorize you, forthwith to take the said William Deane, and him whip, or cause to be whipped uppon the naked back with thirtie stripes. Whereof fayle you not. And for your soe doing this my Warrant shall bee your discharge. Given under my hand the 7'" day of September 1669. (Signed) John Hetdon. 10. At a Coimcell Table 22"'^ October 1669. Uppon a motion of M"" Samuell Smith Minister, whether hee may proceede to the Baptizeing of Molattoes, Indians, (and more especiallie) Negroes, or not. It is unanisly determined at the present, not posetively to Determine in and about the motion aforesaid. This hesitation as to the baptism of slaves is due to a touching superstition never eradicated entirely from the minds of the slave population, even down to the time of their emancipation in 18 34-^ that by the rite of baptism they became, or at least had a right to be, free. It had, v2 292 PLANTING AND PRESERVATION OF TREES. CHAP, of course, no legal basis, and did not prevent zeakma ^^' clergy from baptizing them. Thus Eev. Alex. Eichardson, 1669-1681. rector of St. George's, has left a memorandum that in 1756 he baptized 147 and in 1757 377 negroes ; but these large numbers are a proof of the general neglect of the rite, and the planters, as a rule, discouraged it. Being thus more or less excluded from the Church, it is not to be supposed that negroes received her offices in burial. . They were buried, it is true, in the parish church- yards, but the funeral service within the present century was read by one of themselves. A respectable old coloured man named Mallory usually officiated in the latter years of slavery. 11. By S"" John Heydon Governo"' To all and singular the Tenants upon the Honob'^ Companies publique Lands at S* Georges Parish. And to the Tenants upon the Governo" and Captaine of the Kings Castle Lands in S* Georges and Tuckers Towne. 10 Novem. 1669. Ordered by the Governo"^, That all the said Tennants do pull up by hand all Wireweed ' and Lillies after suflBcient Eaine, upon their respective Lands. That they plant in orderlie manner Cedar and ffig Trees in all convenient places propor- tionably to the Land which they possesse. That all publique and private waies bee sufficiently cleared and levelled, and that the High wayes be 1 2 foote, and the private waies 6 foote broad. That all High wayes bee planted with ffigg Trees, And that the Cattle be kept from iniureinge all the Trees soe •planted, or to bee planted. That noe Cedar Trees nor Palmetto Trees be felled, or cut downe without order from the Groverno'. That noe Cedar trees bee destroyed by makeing fires too neare them. The premissed orders to bee punctuallie observed by the Tennants uppon the said lands, uppon danger to bee informed against to the Hono*'^ Company, and by the Grovernours And Captaine of Kings Castles Tennants, uppon the perill of ffor- feiting their land, for their respective neglects and Contempts. Jno. Hatdon. 1 Sida carpinifolia, still a great pest. What lilies are intended, unless it he the Bermudian Iris, Sisyrinchiwn BermudUnsis, the Editor does not inow. JUSTIFICATION OF SLAVERY, 293 12. A Proclamation in answer to the Negroes petition chap. tending to liberty & tfreedom, by Sir John Hey don _^I_ Governor 13 Novem. 1669. ma-mu Whereas divers petitions have bin exhibited to mee desire- ing liberty and ffreedom. The petitioners not well weighing the iust Interests of their respective Owners and Masters to their persons, being purchased by them without condition or limitation. It being likewise soe practised in these American Plantations, and other . parts of the world. And they nothing regarding the great benefitt they might be capable of, being admitted into a Christian State, and uppon demonstration of knowledge and ffaith in the holie Scriptures with life and con- versation, to Baptisme, and other holie Ordinances of Christ, whereas heathenish Masters, that know not the Scriptures, would keepe them in ignorance and blindnes, enslaveing the soules as well as the bodies. But Christians are under Evan- gelicall restraints to have a respect to both. Yet some make use of this holie profession as an argument to free themselves from their severall duties, alledgeing, the Gospel allowes noe bondmen, which is a gross mistake, and their Judgments may be rectified in rightlie perusing the 6"" Chap'' to the Ephesians, where it is thus written. Servants bee obedient unto them that are your Masters in the flesh, with feare and trembling, in singlenes of heart as unto Christ, not with eye service as men pleasers, but as the servants of Christ, doeing the will of Grod from the heart, with good will doing service as to the Lord, and not to men, know- ing that whatsoever good thing any man doth, the same shall hee receive of the Lord, whether hee bee bond or fFree. Also the P' Coriiis Chap*- 7'" verse 20. 21. 22"". Peter the 1=', Chap'' 2"*. v. 17. 18*. Likewise that Masters may beare a recipricall tendernes and care to their faithfuU servants, in the same Chapf it is written to them thus. And ye Masters doe the same thinge unto them, forbearing threatnings, knowing that your Master also is in Heaven, neither is there respect of persons with him. Now in consideration of what hath bin said. Masters and Servants are hereby advised, and in the kings name required to live in peace, mutuall love and respect to each other, Servants submitting to the condition wherein God hath placed them. And such Negroes as formerlie, or lately have bin baptized by severall Ministers, should not thereby think themselves more free from their Masters and Owners, but rather, by the meanes of their Christian profession,^ obliged to a more strict bond of fidelity and service. And if all persons professing Christianity 294 LITIGATION OF EEV. S. SMITH. CHAP, would be careful in the discharge of their duties, living in the ^V- feare of Grod, and in due obedience to his Maiest®' Laws, com- 1669-1681. plaints of this nature would be prevented, true religion, and civill conversation would be encouraged, the service of Grod would be esteemed the greatest freedome. Unitie, loyaltie, iustice, diligence and temperance the truest meanes to promote the happiness of private families, and what concerns us all, the publique peace, tranquilitie and welfare of these Islands. Given under my hand at S'. Greorges, together with the publique Seale of the Hono'"^ Company, the 13* day of November, in the 21^' yeare of the reigne of our Soveraigne Lord Charles the 2"*, by the grace of G-od of England &" Kinge. An° : Dom : 1669. Grod save the Kinge. J". Hetdon. 13. (1) The imprisonment of the Eev. Samuel Smith by Captain Whalley {ante, p. 268), and the Company's recommendation to him to seek a remedy at law, led to much litigation at the assizes of December 1669. The sheriff, Eichard Stafford, one of the parties implicated, protested against the Company's decision, and desired that the following opinion should be recorded. But the plaintiff insisted, and brought nine actions of false im- prisonment, on several of which he obtained damages. The cause was a famous one, and involving several curious questions of law and usage, will be given at some length. (2) The opinion of Mr. Eichard Stafford sheriffe pre- sented to the court under his owne hand writing and by him desired to be recorded verbatim, as followeth. It is my opinion that the Grovernor and councill ought not to be Sued here in this Court for anything done in the execu- tion of their Offices, my reasons follow. 1"' Because it is a rule in Grovernment. That everie cause ought to be tried in its proper Court to which it belongs. Cooke the 4 p' of his Institutes, Chap"" S"' Page 60*. 2'y All proceedings ought to be according to Law, and Custome. Cooke 4"" p' of his Institutes Chap"" 1 page 40"". But there is no Law, Custom, or President for Grovernour and Councell to be sued in Bermuda for what they have done as a 1669-1681. A CONSTITUTIONAL QUESTION. ■ 295; Court of Judicature and Eecord. Shep I P, page 232. Dalton chap. page 417"". Title, Advice to Justices Chap 120*. . /^^- . S''' That noe great OfBcer or Councellor of the Sumer Islands, that shall merrit to be called in question, shall be Censured by the Companie (which is a higher Court then this) till he be first Convented and examined by the principall Assistants. Book of Order Article 49*, and Article 179*. And the presi- dents of these Islands doe show, that the Governour and Councell, and all other Officers here, ought to be tried by Coinissioners ordered by the Companie uncontrouled. And this hath bin the way of proceedings against Governour and Councell in these Islands, and noe other. (3) Voted in Court concerning the Action of M"^ Samuell Smith Plaintife, against M'' John Wainwrighte Sen' Defendant, in an action of the case for false imprisonment. Damage 50'" sterl. And uppon Notes put into the Court by M"" Samuell Smith and M' Eichard Stafford Sheriffe, to be considered of, which of them should be first entertained. And the pr.mises put to the vote by the Governor. It was desired by M'' Henrie Durham, that the Sheriffes Note should be first entertained in Com-t because of the Lawes of the Governour and the Companie, Capt Christopher Burroes, and Capt Godheard Aser being of the same Judgment with M'^ Durham. Upon the action aforesaid called in Court. Judged by M"" Eichard Norwood, M' Thomas Wells, M"^ Henry Moore, Capt ffrancis Tucker, Capt John Darrell, the Secretarie, and the Go- vernour. That M' Samuell Smiths note should be first enter- tained, which was accordinglie done. Uppon the second proposall exhibited in Com-t by M'' Samuell Smith, (videlzt) whether Capt William Sayle, Capt Samuell Whalley and M"^ Eichard Stafford Sheriffe should set uppon the Bench as Judges dureing the pleading the Action aforesaid. Judged by M' Durham. That the Gentlemen aforesaid may sitt uppon the Bench during the Troyall of the Action betwixt M"^ Samuell Smith, and M' John Wainwright aforesaid. M"' Thomas Wells, that they may sit, but not as Judges in their owne Causes. M' Norwood, That they may sitt, but not as Judges, because the Action of M"" Wainwright aforesaid concerns themselves. Capt Aser that they may sitt untill their owne actions be called. Capt Burroes that they may sitt, but not in their own par- ticular causes. 296 EEV. S. SMITH V. THE GOVEKNMENT. CHAP. M' Moore that they may sitt, but not as Judges in this cause. ^^- Capt Darrell, that they may not sitt, nor vote, because the 1669-1681. Plaintife hath Actions against them now depending of the same nature with M'' Wainwright aforesaid. Capt ffrancis Tucker, that they may sitt as Judges, and have free vote, soe that it bee not particularlie in their owne case. The Secretarie that they sitt but not vote during the Troyal betwixt M"" Smith, and such as hee hath causes for false im- prisonment against. The Grovernour, that the aforesaid Gentlemen concerned in the Action aforesaid (because parties) are not by him thought fitt to sitt or iudge in Court. (4) Forasmuch as nine Actions have bin entered in the Secretaries OfiSce by M' Samuell Smith Plaintife, with nine Declarations suitable to the said Actions, for false imprisonment against nine Gentlemen (now or late of the Councell). The question proposed whether the sayd M"" Samuel Smith plaintife may have liberty to proceede to a Troyall uppon the Actions aforesaid according to the said plaintiffs desire in Court, or not. The Gentlemen's Names under written, are in the Negative y'°. That the plaintife shall not proceede as aforesaid (videlzt) Capt William Sayle, Capt Samuell Whalley, M' Eichard Stafford Sherifife, and M' Henry Durham. And the Gentle™ on the Affirmative y'^that the plaintife shall proceede, are as folio weth. Henry Tucker Secretie, M' Henry Moore, Capt John Darrell, Capt ffrancis Tucker, M"" Thomas Wells, M"^ Eichard Norwood & Sir John Heydon Governour. (5) Uppon a further Motion whether the Action depending betwixt M"' Samuell Smith PI., and M"' John Wainwrighte Sen Defend* shall be proceeded uppon, or not. The Secretarie M"^ Wells, M'' Moore, Capt Darrell & Capt Tucker judge, That in regard the Defend' hath joyned Issue, the Action shall proceed. M"' Durham and M'' Norwood are of the judgment, that this proceeding of, or about M' Smith, is not according to Law, or to the Companies Order. Capt Burroes judgeth that the Action ought to be spread before the Companie. Capt Aser judgeth that a Select Jurie ought to proceede uppon this Action, & not otherwise. Capt Sayle Judgeth. That the printed Orders of the Companie ought to be observed. And that noe Geiiall Letter from the Companie doe overtopp them. The Sheriffe judgeth, That the Companies last Generall Letf concerning M'' Samuell Smith, doth not allow him a Triall here by, a Jurie before the Defend' hath bin examined by the Companie. And proceeded against according to the booke of Ordexs. EEV. S. SMITH V. THE GOVERNMENT. 29T The G-overnour Judgeth, that in regard much tyme hath bin chap. alredie spent in pleading in the Court by and betweene M' . ^^- . Samuell Smith Plaint, and M"" John Wainwrighte Sen' Defen' 1669-1681. ^ and the Defend' hath joy ned Issue. Therefore the Action ought to proceede this present Assizes. (6) M"^ Samuell Smith haveing, before the coiiiencing of this present Assizes, entered Actions for false imprisonment, to be tried, thereat, against severall Grentlemen, now or late of the Councell. And his Action first entered against M" John Wain- wrighte Sen', haveing bin formallie called, and the Declaration thereunto relating publicklie read, with the Greiiall Issue, pleaded by the Defendant, and thereuppon Three hours tyme in pleading to the said Action haveing bin spent over night ; Notwithstanding which aforesaid proceedings an Abatement to the Plaintifs Action hath bin this morning pleaded by the Defendant aforesaid. Whereuppon the premises hath bin by the Court put to the vote, and hath bin voted as followeth, (videlzt). By M' Durham, That the said Action shall not proceede unless the action be mended. By Capt BurroeSjThat the said Action shall be spread before the Honoble Companie. By Capt Aser, That the whole proceedings be referred to the Honoble Companie. B , M' Wells, That proceedings may take place according to Law. By M' Norwood, Capt William Sayle, Capt Samuell Whalley & M' Eichard Stafford Sheriffe. That the whole matter be re- ferred to the Hono^'" Companie. By Capt John Darrell, M' Henry Moore, Capt* Francis Tucker, M' Hen: Tucker Secretarie, & Sir John Heydon G-overnour. That in regard pleadings have bin carried on in Court by both parties. And the Question of Abateing hath not bin started by the Defendant before he Joyned Issue, and pleaded the Geiiall Issue. That the Defendant shall proceede on in his defence. And answer the Action depending as aforesaid. (7) By the Action of 100" Sterl, depending betweene M' Samuell Smith Minisf, Plaintife, and Capt Samuell Whalley Defend'. The said Def ' pleading a Geiirall Issue, and withall Challenging the privileges mentioned by the Lord Cooke, in his book of Institutes, Page 303. (videlzt) The Jurisdiction of the Court. The person of the plaintife. Thewritt. And the Action. The sayd privileges were, by Vote, allowed unto the sayd Defendant, by M' Henrie Durham, Capt Christoer Burrowes. Capt Godheard Aser. Capt William Sayle and M' Eichard Stafford Sheriffe. By the Vote of Sir John Heydon Governour, Capt ffrancis Tucker, Capt John Darrell, 298 THE EXPEDITION TO CAROLINA. CHAP. M' Henry Moore, and Henry Tucker Secretarie, Determined. ^ ^J- . That the Defendant plead to the matter of fact. And that other 1669-1681. circumstances in Law may not be insisted uppon, To the delay of Justice or detayning the Countrie, to their great charge and trouble. 14. A Proclamation by Sir John Heydon Governo' 4 Feb. 166f (1) Whereas Sir John Youmans Barron' in his Voyage for Port Eoyall [S. Carolina] In behalfe of the Eight Hon"'" pro- prietors resident in England, for his Setling of a Colonic there, By vertue of Letters Patents Grraunted by his Sacred Maiestie of Great Britaine, hath bin put off the aforesaid Coast by violent weather in the Shipp Carolina now at Anchor in the Towne Harbor (Capt Henry Brayne Comand' thereof.) And since his arrivall, Servants, and others engaged in the aforesaid Hono"" Expedition, have bin dispersed abroad in these Islands, and by the Inhabitants entertained. The sayd Shipp being in a redi- ness to entertaine the aforesaid persons, in pursuance of the said Hono"'" Expedition (soe soone as the aforesaid Coinand"' shall think fitt to depart, and winde and wether shall permitt). These are in his Maiesties Name to Charge & Coiiiand all house-keepers And others as have entertained any of the aforesaid persons, to dismiss the same, soe that they may repayre aboard the said Shipp uppon Mundaie the 14'" day of this Instant. And because all persons concerned as aforesaid, may be left without excuse, These are to give notice, That if any as aforesaid shall withdraw themselves at the departure of the said shipp, their persons shall be arrested, And shall become Servants to this Colonie, untill there shall be an opportunitie of transporting them to Port Eoyall aforesaid. And after their arrivall there, shall be lyable to serve the proprietors, on their Eespective Masters One Compleat yeare (or longer as they shall think fitt) more then what they are to serve according to Contracts & Engagements formerlie made betweene them And the proprietors or their Agents, And Masters as aforesaid. And as for such house-keepers and others, of whatsoever degree or qualitie, as shall presume to assist, and Countenance any as aforesaid in their Consealing themselves untill the sayd shipp is departed ; They are hereby required to take notice That they shall assuredlie undergoe such condigne punishment as myself and Councell shall hereafter think fitt to inflict uppon them as persons being refractorie to this Govern- ment (2) These are likewise to give notice that Capt William DISMISSAL OP CAPTAIN WHALLEY. ^99 Sayle is to goe Comand' in Cheefe for the carrying on of the chap; aforesaid Expedition. As likewise that if any two or ffoure . ^J- . capable persons shall bee pleased to goe with him, And take a 1669-I68i.- view of the place aforesaid, And the accoiiiodations thereunto belonging in order to the incourageing Inhabitants with us for their transplanting themselves and ffamilies according to the Report of the said two or ffoure persons : the said persons will be allowed their Transportation ffree, with Accoinodation of the shipp thither, And are to be sent back againe by a vessell which is to be sent back to these Islands with what convenient speed maybe. If likewise any shall think fitt to goe at the present, with a resolution to Settle with others alredie engaged. They are to be allowed their Transportacon ffree. And Accoiiiodation in the shipp aforesaid, As likewise all privilidges & Advantages as have bin Grraunted to the first Settlers of the place aforesaid. Given under my hand at S' Georges the 4'" of ffebrie An° Dom : 1669. Signed (J HByDON) 15. At a Generall Quarter Court 9 Feb 166f . A letter to the Hon'''^ Company from Capt Sam. Whalley dated Somer Islands 30 Nov. 1669 conteigning in it severall expressions which gaue much Offence to the Court was read, and it was thereupon Ordered that no particular answer be returned thereto but by postcript to the Generall Letter these words be added. "We haue receiued a vayne Letter from Capt Samuell Whalley late Deputy Gouernor in the Islands, who hath a better opinion of his Gouernm' at that tyme than the Company hath Wee do thinke fit and order that he be discharged from setting in the councell for the future the Company being unwilling that he should serve them (as he sayth he doth) to his owne cost. 16. By Sir John Heydon Knight & Governor 19 Pebr. 166^. Whereas I have allredie by Publication, Charged and required all and all manner of persons concerned in the Ex- pedition for Port Royall, to repayre aboard the shipp Carolina upon Mundaie last past, and divers persons concerned as afore- said, have fayled of presenting themselves accordinglie. And the sayd Shipp (By the order of Capt William Sayle Comander in Cheefe, And the Comand'' of the aforesaid Shipp) being appointed to saile from these Islands uppon Mundaie next. These are therefore to Will and Eequire, And in his Maiesties 300 CAROLINA DESERTERS TO BE APPREHENDED. CHAP. Name to Charge and Comand all persons concerned as afore- ^ ^^- said, to repayre aboard the aforesaid .^ipp upon Mundaie next 1669-1681. ensueing the Date hereof, in the forenoone by eyght of the clock at the farthest. And if any shall dare to absent them- selves (Contrary to the Expectations of the aforesaid Coiiiand% and their Assistants in the aforesaid Expedition). I doe hereby declare, in behalfe of the Eight Hono"'" Proprietors, And the Comand' aforesaid. That the Transgressors as aforesaid, shall be proceeded against as contemnors of them, and this Groverent, These are furthermore to require all manner of Officers, both Military and Civill, to be ayding and assisting, in forth con- vaying such, as have allredie absented themselves, unto myself, or on board the sayd shipp as aforesaid. And such persons as shall be active in bringing and convaying Transgressors aboard, or to myselfe at S' Georges as aforesaid, They shall be satisfyed for their diligence in and about the premises by the Coinanders aforesaid. Griven under my hand at S' Georges the 19'* day of ffebruarie An" Dom : 1669. John Hbtdon. 17. The general levy agreed to by Sir John Heydon and Council, November 1, 1670, differs but httle from the example given in full for 1660 ; the four first items are the same ; the salary of the mount-keeper and crier is increased to 250 lbs. of tobacco. The expenditure may be classified as follows : — Pay of the Castle soldiers &" 2450 lbs of Tob Eepair of Forts .... 320 Repair of Prison 480 Work done .... 1836 Supplies ..... 148 Shingles 1100 for roofing 55 Salaries of Ferry man. Mount Keeper and Crier, and Bridge keepers 990 Assizes and sheriffs charges . 160 Sundry disbursements . 1253 The country Dr . . . .7692 Cr by Ship money for Powder, and public Rents .... 1752 Balance 5940 which is assessed at 16^ lbs per share. PERSECUTION OF THE QUAKERS. 301 18. Bisse's ' History of the Quakers ' is again our chap. authority for an instance of the frantic violence with ^'^' ■which that provoking sect was opposed. Their fearless ises-iesi. and often extravagant denunciation of what they dis- approved ; their attitude of passive resistance ; their re- pudiation of civil obligations and duties and external marks of respect, such as uncovering in court ; their singularities of attire and phraseology, aroused evil passions in that rough age which it is difficult now to quite understand. Anno 1670. Furious and lawless was the Eage of John Bennet, a very wicked Man, who came to the House of Robert Wilkinson, swearing He would kill all the Quakers, and that he would begin with Robert Wilkinson and his Wife in the first Place, and so pursued the said Robert with a drawn Rapier, but was prevented from executing his bloody Design, after that he brake down the Door upon the said Roberts Wife, but she escaping from him, he attempted to burn the House, and seemed so desperately bent on Mischief, that the Constable was obliged to take him into Custody, and conveyed him to the Town, where the Assizes for the Island was then held ; But because the said Robert Wilkinson could not swear against him (though several others could have given Evidence upon Oath of the Assault) the said Bennet was released, and the said Robert was fined 30' for refusing to swear, for which Fine he had his Goods taken away to the value of £5. 8. Thus was the wicked Assaulter set at Liberty, and the innocent Person, who had been injured, was punished. 19. At a General Court for the Soiner's Island Company held at Armourers Hall in Coleman Street London on Monday 21=' February 1669. Ordered, That whatsoever person or persons in the Soiiier Islands, as shall at any time after publication hereof without license from the Grovernor for the time being or his Lieft', or some one of the Captains of the Forts there, go with his or their Boat aboard any ship arriving at the Soiiier Islands before the Master of such ship shall have entered his name and Ship in the Secretary's Office, and shall have given good and suffi- cient Bond by persons inhabiting in the said Islands in the sum or penalty of five hundred pounds at the least, that such ship shall not carry off from the said Islands, any Servants, Debtors, Tobacco, Cedar, or any prohibited Commodity of the growth of 302 LOCAL ADVEKTURE OF WHALIFQ. CHAP, the said Islands, Every such person or persons so going, aboard , -^^- . without any license shall forfeit his and their Boat to the use of 1669-1681.. the Company, and further shall for their offence suffer im-, prisonment at the direction of the Governor and Council for the time being. And if upon examination to be had before the Governor or any one or more of the Council it shall be proved, that any person or persons in the said Islands, shall iafter publication hereof, with his or their Boat, or otherwise have earned aboard any Ship arriving as aforesaid any of the persons or goods prohibited as aforesaid, every such person or persons so offending, and being thereof convicted, shall for every such offence be committed to prison, there to remain without bail or mainprise until such person or persons shall have made satisfaction to the Company or any other particular persons what damages they shall have respectively sustained by reason of the offences aforesaid. Andthe Governor and Council are to take care that this Order be publicly proclaimed in the said Islands, to the end all persons concerned may have notice, and conform themselves thereunto accordingly. Thomas Marten, Secretie : &". 20. Arrangements in reference to the new speculation of Whale Fishing. February 24 166f . S"' John Heydon knight and Gouern'' Capt° William Sayle Capt John Darrell Capt John Stowe, M"' John Wainewright senior, M' Arthur Jones, M' Hugh Wentworth & M"^ William Peaslie Aduenturers in the whale fishing Design (resident in the Somer Islands) Assembled together at the sessions house the daye & yeare aforesaid Haue vnanimously concluded as followeth (1) That M' Hugh Wentworth and M"^ WiUiam Peaslie aforesaid be desired to make Prouision in all and all manner of respects for the promoting the whale fishing Designe, in relation to the fitting vpp the whale Boates, repayring the cis- terns and all other materialls Soe that the whale fishing at hand may be carried on with all expedition (2) It is likewise concluded by the gentlemen aforesaid That the wodden cistern set vpp in M' Trotts store house at Dauids Island bee by the said M' Hugh Wentworth and M' William Peaslie (with the assistance of M' Eichard Stafford Sherriffe) taken out of the aforesaid store house, whole, or cutt in the middle and carried to the cisteme at Smiths Island and there employed for the aduantage of the whale fishing Aduenturers By or before the 5th of March next ensueing And that they [the said persons] doe weekelie giue an Account of their Disburse- LIST OF SHAKEHOLDEES. 303 1669-1681. ments ia relation to the p''inises vnto S'' John Heydon aforesaid chap. dureing the whole whale fishing season And the rent of Tenn -^'- pounds sterling p. annum for the vse of the aforesaid storehouse be stopped and discontinued for the future [Then follows the memorandum of the names of the original adventurers, given vol. i. p. 99.] (3) The names of the Gentlen that are indebted to the whale fishing in the Somer Islands. And what euery pticular man oweth, with the number of shares they owned of which they had intelligence the last shiping by the ship Marygold, Capt" Samuel Pensax comand'. And the sume of money that was then assessed vpon them to paie, and that now is again demanded of them to paie, their names following £ a. d. Sir John Heydon Knight for 10 shares - . 20 Capt" William Saile for 4 . . .800 Capt" Sailes grand- children for 4 .800 Capt° fflor Seymour 1 . . .200 Capt" Eich Jennyns for 4. . .800 Capt" JohnStowe5 10 Capt° Thos Eichards 8 . . . 16 M"^ Jo Wainwrighte 9 . . . 18 M' Will Peaslie 4.800 M-^ Sam Whitnie 2 4 M' Henry Moore 2 4 Shares 84 igl78 £ s. d. M' John Darrell 8 16 M' Thomas Murrell 2 . . .400 M' Eob' Dickeson for 2. . .400 M''G-eorge Hubberd for 2 . . .400 M' Severan Vicars for 2. . .400 M' Arthur Jones for 9 . . . 18 M' Hugh Went- worth for 4 .800 M' Will Wilkinson for 1 . . .850 M"' John NichoUs for 1 . . .5150 21. At a General Court for tlie Somer Islands Company held &■= the 22''^ February 1669. Whereas information is given that much Tobacco and Cedar hath of late been shipped out of the Soiiier Islands, and parti- cularly by Bredcake's Ship, to the prejudice of the Company. Upon reading the opinion of the principal Assistants, recom- mending to the Court that an Order be made for prevention of the lite for the future. It is therefore ordered, that what ship soeuer shall henceforth arrive at the Soiiier Islands, the Master of such ship respectively shall upon the arrival of such ship, and before he lade or unlade any Commodity there, give good and 304 SHIPPING OK ' PLANTATION ' BONDS. ^^^?' sufficient Bond by persons inhabiting in the said Islands in the r-^ — - sum or penalty of five hundred pounds at the least, that such 1669-1681. fjijip siiall not carry off from the Islands any Servants, Debtors, Tobacco, Cedar, or any other prohibited Commodity of the growth of the said Islands.' Provided that this shall not extend to the Company's Magazine Ships or any other Ship that shall have license and Commission from the Company for so doing. Further Ordered, that the Governor in the Islands be acquainted with what information the Company hath received touching the transporting Tobacco and Cedar in Bredcake's ship as aforesaid, and that he strictly examine what Tobacco and Cedar hath been so transported, and by whom, and send to the Company an Ac- count thereof by the return of their Magazine Ship. Thomas Marten Secretie &'^. 22. Companys Letter to Sir John Heydon. 28 Feb 16ff. (1) By o' Genrall Letter of the 6* of ffebruarie 166|, directed to the then Governo' & Councell in the Somer Islands, Wee did order & appoint the shipping aboard of Capt Morlie a quantitie of whale Oyle not exceeding 20 Tonus, not directing of the Oyle of the yeare 1667 or any other yeare. And in an- swer thereunto the then Governor & Councell in their Genrall Lfe to us dated IS'*" Julie 1668 did give accompt, That the husbands of the Whale fishing having declared. That there were not above 13 or 14 Tons (as they conceived) besides the sittings, They the said Governor & Councell had then ordered. That what Oyle of thie said yeares 1667 takeing, did remayne should be sent home. Whereupon by our last Genrall Letter of the 4* March, Wee did blame the said Governor & Councell for such their proceedings in mistaking our Comahds, contrary to the express words of o' said first Lfe, and shewing the evill conse- quence thereof, and the loss susteyned by sending home the dreggs of the oyle. Now you and the Councell by your last Genrall Letter of the 22°* June 1669, do not only shift the fault from your selves, but lay it on us, saying, if the Masters coinands be so uncertayne, how shall the servant render due obedience. Wherefore Wee must tell you, that that expression of yours is verie unhandsome, and iustly deserving our reproofe.. And wee do hereby require you to review that o"^ former Lre of the 6"" ffeb: 1667 and discerns w' iust cause was given us to write as wee had done 4'" March 1668. (2) By your last Genrall Ltre you intimate unto us, that there hath bin sent from the Somer Islands to the Port of ' This was douMess the origin of the laws relating to ' Plantation Bonds,' which were so much complained of, but only repealed in 1844 and 1847 (J..H. D.) PRODUCE OF THE WHALE FISHERY. 305 London according to an Accompt thereof, by you drawn up, chaf. and in the said Lfe specified, 131 Tons of Whale oyle, withall . ^^- . suggesting that this you had done to the end wee may know 1669-I68i, whether that Accompt agreeth with what Wee have already re- ceived. Wee therefore having examined all the Bills of lading and the Treasurers accompts touching the same, Wee let you know that Wee do finde as followeth. What oyle sent from the Islands. "^^"^ °jl^ '"'''''"* ■' by (Jompany. By Elias Homes of oyle & blubber 1664,44 hhds conteyning . .11 Tons. 9 Tons By Thomas Leech of oyle 1666, 117 hhds conteyning . . .29 Tons. nil ' By J" ffalkner of oyle 1667, 12 led- gers, 22 Butts, 27 punshions, 68 hhds and the caske according to tunnage Cont : .... 4 H Tons 29 Tons By Thomas Morlie of oyle 1668, 10 ledgers, 15 punshions, 1 hhd and the caske according to Tunage conteyning . . . .13^ 11 Tons 9 galls So that the totall of all sent from the Islands according to your owne accompt 95 Tons, And all received by the Company 49 Tons 9 Gallons. (3) Whereas by our last Grenrall Letters, Wee required you to send home by Capt Jenkins what Whale oyle remained be- hind and unsent by Morlie the yeare before, for that the Com" in the whale fishing, in their Letter to the Companie An° 1668 do confess that they could not send any more oyle by Morley then they had then sent, for want of caske, and that our Comand signified unto you, hath not bin observed or any Accompt of the said oyle, as was required, by yon given or returned. Wee cannot but take it ill that the oyle remayning as afore- said was not sent home by the last ship, nor so much as an Accompt thereof, or any intimation in your last G-enerall Letter to us in answer to what wee had written touching the same, And therefore wee do now again require you to send home the remayning oyle, and returne it unto us by the ship Diamond, Joseph Laurence Master, sent by the Grantees for carrying on the Whale fishing at the Somer Islands, (4) Wee having received from you an Accompt of the Negroes brought from Tortola into the Soiner Islands by Capt Jo : Wentworth and upon examination finding the same to be imperfect, and by your last General! Letter to us, you having ' The ship was captured by the Dutch. See Company's letter of 13 Dee. 1666. VOL. II. X 306 DISPOSAL OF THE TOKTOLA jSTEGROES. CHAP, promised to send the same more compleat, Wee do now think , ^^- . fitt & Order, That our former Order of the IB'" ffebrie 1668 be 1669-1681. reinforced, and that you the Grovemor & Councell do dispose of all the Negroes mentioned in the said Accompt being 23 Negroes and an infant into the hands of the public OflBcers that are des- titute of servants, p'portionably, there to be & remayne untill further order from us. And that you do transmit unto us by the next returne of our Magazeene Ship a compleat & perfect Ac- compt of all the 70 Negroes as hath bin formerly required by us, and yet remaines on your part to be performed. (5) Wee having received information of the great wast of Tym- ber in the Islands, and that unless some speedy course be taken for prevention, the whole Islands in a short time will become destitute thereof. Wee do order that you the Grovernor & Councell do take care, that the former Lawes & Orders of the Company made against destroying of Tymber be strictlie observed and executed, as also the Coinands of the Company thereabouts conteyned in their Grenerall Letter of the 10"" October 1662, to which wee referr you for further direction. (6) And touching the complaynt, That many poore people keep Negroes who are not able to keep themselves, Wee do order you to take care that the late Law touching putting out poore Children to Servants & Apprentices dated 13 ffeb: 1668 be duly executed which Wee hope may be a meanes to remoove the cause of the said complaint. (7) Also touching the Complaint, That the Church Yards in the Islands are claymed by some purchasers therein. Wee do think fitt, that 2 former Acts of this Court (herewith sent you) together with the Coiiiands of the Company in their Generall Letter of the 10"" October 1662 touching the premises,be rein- forced, and wee do require you the Governor & Councell to take care that the same be observed accordinglie. (8) Your Generall Letter Wee find to be signed by some of the Councellors with exceptions to certain Clauses in it, and wee must tell you. That the like hath not bin done formerlie, and that the same is not well taken by the Companie. (9) Wee returne unto you (S'^ John Heydon) our thanks for your 9 particulars of observation or Remarks presented for our Consideration. And wee do desire you to make practicable the things therein mentioned to be prelected, especiaUie the im- provement of the growth of English wheat in the Islands. (10) The request of the Islanders almost yearlie repeated and presented unto us touching the sending them shipps in due season for the carrying off the crops of Tobacco. Wee have fullie & (wee hope) satisfactorily answered them by the enclosed VARIOUS ENACTMENTS, 1670. 30T order of the 24'" November 1669 herewith sent, you may chap. perceive. XV- (11) The Orders mentioned as followeth, some of them being 1669-I68i. of publick, others of private concernment. "Wee require you the Groverno"^ & Councell that they be published, and observed accordinglie. 1. ffor raysing i quarter peeces of Coynes coiiionlie called peeces of eight. 2. The order for Councellors to have the power of Justices of the peace. 3. ffor ministers Widowes to continue on the Grleabs till further Order. 4. ffor the Grovernor & Councell to send home to the Company by this ship such Rents & arreares as they have received of Thomas Brereton, the Companies Tenant. And that Brereton send home his Rent yearly by the Magazeene ship, under penaltie of the forfeiture of his Lease. Orders touching one Robert Landy in pursuance of a Refei'ence from the Kings most excellent Maiestie. (12) The ministers wee now send you are M' William Edwards M" of Arts at the University of Oxon, And M' Charles Hotham M' of Arts of the University of Cambridge, the former Wee have designed to preach to Smiths and Hamiltons Tribes, And the latter to Warwick & Pagets Tribes in the Islands, And according to their mutuall requests, Wee have granted that they be not compelled to preach out of the Tribes to which they are respectively designed without or against their owne consents. And Wee pray you to receive them with all corteous entertayn- ment, and to afford them that countenance & encouragement which their ofiSces & Callings may deservedlie require. And wee hope that this designment will not be altogether fruitless of happy Success to the people of the Soiner Islands. (13) The Shipp Wee now send unto you is the Marigold of London 240 Tons, 14 Guns, 28 Seamen, whereof is Coinander Capt Samuel Pensax, whose time to unlade & relade at the Islands Wee have appointed to be ffortie dales & no longer. And to transport all the Crop of Tobacco of the growth of the yeare 1669. And wee do strictly require you the Governor & Councell that you cause (as much as in you lyes) all the Tobacco of that yeare to be laden upon the said ship, and that the same be not shipped upon, or reserved for any other ship, except such Tobacco as the Coinander of the said Ship cannot lade upon her, , And that you do not permit upon any pretence whatsoever, any ship to take in any Tobacco w'soever at the Somer Islands till the said ship Marigold shall be first laden and under sayle, and X 2 308 STANDARD WEIGHTS AND MEASURES. CHAP, tipon the road to :tlie Port of London. . And that you take care ^^- that the said ship be not retarded at the Islands beyond the 1669-1681. set time for her stay there. Which being some of the Articles entered into by us upon entertaynment of the said ship, do think good to give you this notice thereof. And further that the Termes Wee have agreed for freight are, all Tobaccoes trans- ported at three farthings per lb., and aU Tobacco in Chest & Caske at 1* per lb. with allowance of weight of Chest, accord- inglie Wee have caused the Bills of lading to be printed A copie whereof Wee have sent you herewith. (14) According to your request for necessary supplyes of Armes and ainunition for the use of the Island, wee sent you by this ship, videlzt. 40 Musquetts, Matchlocks, bastard bore, and all of them of the same bore. 3 barrells of bullets suitable. -J barrell of pistol bullets. 4° Swords. 4" bolts. 3 cwt weight of Match. 6 barrells of Grun- powder. 8 barrells of barr shott, 3 barrells of Tarr. ^ Ton of yron, p' flatt, p' square. 4 great shott, betweene Minion & Saker. 2° demy Culverin shott, 50 chayne shott. And in pursuance of Sir John Heydons letter representing the need of weights & measures for standard in the Islands, the want of which are an occasion of great abuse to the people, Wee have also sent by this shipp, A Bushell, an halfe Bushell & Peck, • 1 sealed yard, 1 sealed quart pot, 1 beame & scales & sealed weights. And forasmuch as it is the desire of you the Grovernor that a fflag, may be sent over for the use of the Forts, Wee do not think fit that any such be now sent in regard the Company had lately (videlzt) An° 1667, sent over Two fflags, one for the Kings Castle, the other for Southampton ffort. (15) Wee require you the Governor & Councell to take care That all unserviceable shot for ordnance formerly sent to the Islands, and there lying useless, and all such small Armes as are found & reported to be unserviceable (as appears by the Groverno" Letter) be returned back and sent home by this ship. (16) ffurther Wee require the Sheriff of the Somer Islands to send unto us by the next ship an Accompt what number of shott is wanting and to what Grun, to the end the same may be supplyed. Wee having formerly received the diameter of each Gun, and without such Accompt Wee cannot suitably supply the want. (17) Wee have chosen & appointed Officers for the Soiner Islands as foUoweth. Secretary, Wee have continued M"" Henry Tucker. SUNDRY APPOINTMENTS, 309? Sheriff, Wee have also continued M"^ Richard Stafford. chap. XV. Wee have chosen Councellors for 1669-1681, Hamilton Tribe Capt Groddard Aser. Deven : Tribe M' Jonathan Turner. Smiths Tribe M-" Thomas Wells. Pagets Tribe M' Henry Moore. War ^ Tribe Capt John Darrell. Southon Tribe M' He : Durham. Saudis Tribe M"^ Tho : Leacraft. Pern : Tribe M' Rich Norwood. Captaines of the Trayned Bands for Sandys Tribe Capt Christopher Burrowes. Southampton Tribe Capt Robert Dickeson. Devenshire & Pembrooke Tribes Capt George Hubbard. Warwick Tribe Capt John Darrell. Smiths & Hamilton Tribes Capt John Hubbard Provost Marshall John Bristowe Sen'' (18) ffor the better & more regular proceedings in the Courts of the Soiner Islands, and the right stating of cases in matters of Appeales Wee do advise you that all persons be en- couraged to have their pleadings by Declaration, and answer in writing. And wee do intimate unto you, that it is under con- sideration by us to make a Law in that behalf. (19) Whereas at this juncture of tyme more then ordinary- care should have bin by you had for the preserving the Tobaccoes for the ship wee now send unto you, which (according to private informations & letters sent from the Islands) seemes to be enter- tayned at great uncertainty, and if those informations prove true, the same be to the great detriment of the Owners, by reason of the late Hurricane that hath happened among you. Notwithstanding which, and the many orders by us heretofore made & transmitted unto you from tyme to tyme. Wee have received information, that a considerable quantitie of Tobacco & Cedar hath bin transported out of the Islands in Bredcakes ship & by whome. Wee do therefore require you the Governo"^ & Councell strictly to returne to us an accompt thereof by this ship. (20) And whereas this information, and to prevent the like for the future, hath given us occasion to make two severall Orders, One that masters of ships ariving with you, do give Bond not to export Servants, Debtors, Tobacco, Cedar, or any other prohibited Coiiiodity of the growth of the Islands, the 310 NUISANCE OF WHALE CARCASES. GHAp. other Order against persons without Lycence going aboard , ^J- . Shipps arriving with you, and also carrying aboard such shipps 1669-1681. any the persons or goods prohibited as aforesaid. Wee require your strict observance of the contents thereof, and for that end that you cause them to be publickly proclaymed in the Islands. And thus comiting you to the protection of the Almighty Wee lest Your very loving friends E. Manchester Governour Gilb : Gerard Dep : Will Webb. Eichard Chandler. Lor : Wilkes. Samuell Smith John Chandler. Kobert Steevens. Hugh Noden. Humph : Meverill. London ffebruary 28* 1669. Then follows the Postscript relating to Captain Whalley, ante, p. 299. For the Orders see pp. 301-3. To our very loving friends Sir John Heydon Knight, Deputy Governor, And the Councell of the Somer Islands these m. 23. A Proclamation by Sir Jolin Heydon Kt Governor. 28 April 1670. Whereas the Inhabitan" of S' Georges, and the adiacent Neighb' have bin formerly, and at present are, extremely an- noyed by the Carcases of Whales, turned adrift after they have bin used for peoples most advantage, in relation to the Glean- ings thereunto belonging, ffor prevention of which mischiefe, according to the Kings Ma"*^ Lawes provided against coiiian Nuisances, annoyances & helth-impayring Stenches, and ac- cording to the dutie of my place, I have thought fitt by this my publication to prohibitt the great & intoUerable abuse aforesaid. And hereby strictly to charge and require all and all manor of persons to forbeare to meddle with the said Carcases, untill they have first hadd the approbation and leave of James Briggs for their takeing, cutting or toeing away the same to Bilding Bale, And noe where else. If therefore any shall pre- sume to act contrary to this my Order, they shall, not onely loose and forfeit the Oyle they shall take or make out of the Carcases aforesaid, but shall likewise, undergoe Three dales Im- prisonm', without Baile or Mainprize, Given under my hand at S' Georges the 28'" day of Aprill An° Dom° : 1670 J" Hetdon. GENERAL MEETING OF THE WHALING COMPANY. gll 24. A Proclamation by Sir John Heydon Kt chap. Governour. 17 May 1670. _£Jl (1) Whereas by the Order of the Hono*'° Companie, the Magazeene Shipp Marigold, (Capt Samuell Pensax Comander thereof) is not to staie above ffortie daies. These are to require all manner of Inhabitants to be active accordinglie, in Shipping aboard the said Ship what Tobaccoes they have of the last yeares growth for England, that the said Ship may not be re- tarded or hindered in complying with the tyme prefixed as aforesaid for the departure of the said Shipp from these Islands. (2) And wliereas before the last Assizes all plaintiffs were required to bring in their Declaraions to the Secretaries Office , ffifteene daies before the coiiiencing thereof untill further order. These are, according to the Determination of myselfe and Coun- cell, to give notice to all whome it may concerne. That Actions exceeding ffive pounds are to be entered, and Declaraions to be given in by, or before the 27*" of this instant Maie, being Tenn daies before the Assizes ; and Defendants to give in their An- swers in writing uppon the Thursdaie (or sooner) next before the Assizes. As likewise that the Witnesses be warned to give in Evidence accordinglie, or before the sitting of the Co\irt. And such persons as had not their Actions tried at the last Assizes, are hereby to take notice, that they may enter their Actions againe, and prosecute the same (if they please) according to the Orders above written. (3) ffurthermore, such as are Adventurers in the Whale fishing Designe, as likwise the Husbands thereunto belonging, are hereby required to make their appearance before mee & my Councell at S' Georges uppon Thursdaie the 26"" of this instant moneth, by or before 9 of the clock in the morning, then & there to view, and hear the Accompts sent over by the Whale fishing Adventur' in England. And such as have bin Coinis- sion™ for the s* Advent" are hereby required to make their " appearance as aforesaid, And bring in the Coinission they have foferly acted by. And whatsoever Accompts & scripts they have in their hands thereunto relating. Given under my hand at S' Georges the 17'" dale of Maie 1670. Signed J° Hetdon. 25. At the Assizes 6*" June 1670. (1) The Jurie for our Soveraigne Lord the Kinge, doe present William Eighton Sen"" of Hamilton Tribe, Gentln, for that hee 1669-1681. 312 INTOLERANT SPIRIT AGAINST QUAKERS. CHAP, the said William Eiffhton Sen' at a Councell Table Meetina; "*■'• some tyme before an Assizes held in these Islands in December 1669-1681. last past 1669, In the Governours Hall, and in the presence & audience of Sir John Heydon Kt & Grovemo"', and severall of the Councellors of the Islands, Did then and there take uppon him to plead for, uphold & vindicate some persons of these Islands, coinonlie called Quakers, in their evill practices, in opposition to one of his Ma""^ Ministers of Justice (videlzt) Capt John Darrell, Councellor of Warwick Tribe, in the execu- tion of his place : And did then & there seditiously, mali- tiously & traiterouslie averr, declare and maintain. That his Sacred Maiegtie o"" Soveraigne Lord the Kinge, himselfe, did and doth Connive at Quakers.' All which is contrary to the peace of o'' Soveraigne Lord the Kinge his Crowne & Dignitie. And contrairie to his said Maiesties Statute Law of the 13'" yeare of his said Maiesties Eeigne, in that case made & pro- vided. Which aforesaid Words & practices hath bin by him the said Eeighton confessed in Court at this present Assizes. To which Indictment he pleaded not. Gruiltie, And for his. further Tryall he put himselfe uppon God & the Countrie, which beinga Jurie of 12 sworne men, found him Not Guiltie, Though Guiltie of the words soe delivered, by word of mouth, in Court by the Jurie aforesaid. (2) After the sitting of the Court, And the fforeman of the Grand Inquest called, Capt John Stowe being likewise called to serve uppon the said Inquest, The Governour Sir John Heydon Knight, did think fitt to except against the said Stowe, openly Declaring him to be an unfitt person to serve as aforesaid, for these imderwritten reasons, (videlzt) for that the said Capt Stowe did take uppon him at the last Assizes (contrairie to any president in these Islands knowne or Eecorded) to present the aforesaid Sir John Heydon Governour for a pretended offence or offences as cannot be made good, as the Gover"" did at that, as likewise this present Session hath, alleaged. Secondlie, ffor that the said Stowe is apt to be inflamed with Drinke, being frequently subiect to speake pationatlie. And to sweare in his the said Governours observation, and to his know- ledge. Lastlie, ffor that his Hono' had received intimation by writing. That the said Capt Stowe had at this last chooseing of Jurie men in Pembrooke Tribe (whereof M"^ Norwood is Coun- cellor & Capt Stowe is an Inhabitant) made waie among the said Tribes Inhabitants, to be chosen there, to serve at this ' The pledge of Charles II. to Richard Hubberthom that the Quakers should not be molested for their opinions, followed by the release of George Fox from Scarborough Castle (Sept. 1, 1666), was probably known to Eighton. A JUEOE DISALLOWED. 313 present Assizes, as it appeareth by the Originall Letf of M'' chap, Eichard Norwood herewith sent unto the Hono'"^ Company. . ^ ^- . 1669-1681/ (3) Letter of E. Norwood 6 June 1670. Hono'^'' (to vera our, being ill at present I durst not adven- ture to the Towne least I should become much worse. Its like your Hono' will think it fitt to choose another to be of the Councell in my room, which I am very willing you should doe, sickness and infirmities encreaseing dailie. I did formerlie nominate one, with submission to the Hono"'^ Company and your Hono', to allow or disallow : Now I shall nominate none, but referr it wholy to your wisedom. I did not intend that M' Stowe should have bin a Jiu:ie-man at this time, remem- bring some former passages, not unknowne to your Hono'. But he had spoken to many, and had so manie to give their votes for him, that I could not avoyd it. Thus not to be further troublesome to your Hono"' at present, I coinend you with your Hono"" affaires to the blessing of Almighty Grod, and remain, y'' Hon^^ to be comanded Eichard Nokwood. June 6"' 1670. To o"" Hono'''° Groverno'^ Sir John Heydon these present. (4) Captain Stowe protested against the Governor's severity in the following terms ; but, so far as appears, without doing himself any good : — The Complaint of John Stowe Inhabitant in the Somer Islands to the Grand Inquest Sheweth, That whereas the said John Stowe was by the unanimous vote of the Inhabitants (by order from Sir John Heydon Governor) chosen as a fitt person to serve the Kinge his Sacred Maiestie, and his Country of the said Suiner Islands, and like- wise by the worthie Sheriffe impannaled, as a well qualified person to serve his said Maiestie the King, and his welbeloved Countrie as aforesaid in the Grand Inquest. But the abovesaid Governo"' was pleased to turne the said John Stowe out of the said Impannelment unconvicted of any misdemeanour either against his Sacred Maiesties, or his ever honor* Countrie, to the great discontent, reproach & preiudice of him and & his ; nay, furthermore, as this complainant humbly conceiveth, besides (if not contrarie) to the Law, to wit 33* of Edward the P', If a man challenge a Jurie or a Juror for the King, hee shall show a Cause certaine of his Challenge forthwith, 314 ATTAINT OF INFAMY EKMO VED. CHAP, which cause shall forthwith iinediatelie be tried by the Justice? ,. ^^' . discietion, whether it be true or not, which was not iiiiediately 1669-168L done, though in open Court most humblie and earnestlie craved of his Hono'^ the Grovernour, to put it to the Bench or whole Court ; nay your Complainant hath waited for it these two dales, but nothing is therein done, either for concluding your Complainant an enemy to his above said Maiestie or Countrie, according to the Contents of the abovesaid Law, nor for his vindication, or restoration to his place of publike trust and bono'' in the said Grand Inquest, to discharge his dutie of Loyaltie to the Kings Maieste as heretofore, according to his oath of Allegiance. And the said Complaint doth humblie beseech the said Hon''ed Grand Inquest to consider of his great grievance in the p''mises, least his Estate, or life, (as he feares) should be upon the like Accompt questioned, if not endangered, his good name of subiection and loyaltie to his said Majestie being dearer to him then either or both his aforesaid Estate or life, being readie on all Comands to lose both, for his Soveraigne Lord the King, according to the good conscience of his said Oath of Allegiance, and after your serious consideration above- said, that you would put this Complaint into the Hono"'* Court. And your Complainant shall praie &". Signed John Stowe. (5) Uppon the humble Petiion of Eichard Apowen for his being restored to his former priviliges with other honest Inhabi- tants, and to be cleared off of the Eecord. Uppon the Con- sideration of his aforesaid submission, and Seven yeares suffer- ing for the Transgressions for which he was at an Assizes held at S' Georges in December 1 662, Eecorded. And uppon the Eeport of M' Jonathan Turner Councellor of Devenshire Tribe, Capt John Darrell, and other considerable .persons. That the said Eichard Apowen hath demeaned himselfe honestlie & soberlie in Devenshire Tribe, and towards the Gen''all Inhabi- tants. Ordered, and by the Hon''ed Governor himselfe declared in Court, That the said Eecord be withdrawne. And that he the said Eichard Apowen be annumerated & reckoned among other Inhabitants Capable of serving his Maiestie, the Hono'"^ Company, & this Country with other his Neighbours & fellow Inhabitants uppon all Accompts as well Civill as Militarie, whensoever he shall be thereunto Called. (6) Judith Porter of Hamilton Tribe (Servant to M' William PeasKe) presented for that shee hath bin delivered of a Black Childe. Censured by the Vote of the Court to be whipped in Hamilton Tribe Church yarde after the Evening A NEGRO BANISHED. 315 Sermon, when the Minister shall there preach, according to the chap. discretion of the Councellor of the aforesaid Tribe. . ■^J' . (7) Upon the Grand Inquests presentent of persons absent- 1669-I68i,, ing themselves from Church uppon Sabbath dales. Unanisly ordered, (M'' Henry Durham onlie dissenting) That the respec- tive Church Wardens doe collect 12'* for each transgressors absence from the parish Church where they reside and, whether man or woman above 16 yeares of age, without sufficient cause shewen for their absence. And Church Wardens defaulting to demand & receive 12* as aforesaid, are to pay, according to the contents of the Hono*"^ Companies late Order : ffortie shillings. (8) Unanisly Ordered, uppon the Grand Inquests Motion, that all manner of Measures be tryed by & before the Sheriffe at his Quarter Walks. And that noe Inhabitant presume to buy or sell by any other Measures, for the future, then such as the Sheriffe shall make according to such Standards as have bin latlie sent over by the Hono*'^ Companie. (9) Uppon the Grand Inquests Motion, touching the send- ing awaie Black Dick, according to the Contents of the present- ment at the Assizes, held in December, 1669. Ordered by pluralitie of Votes of the Court, that forasmuch as the said Black Dick hath exceeded by outragious Threats & languages by him impiouslie vented since the aforesaid Order concerning him, and Mistr'= EUzabeth Trott. That he, the said Black Dick be shipped aboard such shipp as shall be thought fitt, and sent awaie, not to retume againe, according to the Contents of the first Order. The Governour and Sheriffe dissenting. (10) Upon the Grand Inquests Eequest for the prevention of Servants and Children customarelie & frequentlie goeing over, and thereby making paths over mens lands ; without leave or Lycence of the Owners thereof. Ordered, that such persons shall paie Tenn pounds of Tobacco to the partie greevet. But if Servants, Molattoes, Indians or Negroes shall be found trans- gressing as aforesaid, they shall be whipped, unless the respec- tive Masters will give present satisfaction for such Transgres- sions by them coiiiitted. (11) The mending the Channell at the fflatts mouth, and of Brackish pond Dock, ifor the accomodation & secureing of Boates, for the future, in their goeing & coming out thereat. Eeferred to the Councellors of the Tribes, unto the said places belonging, to use their endeavours in repayring the same speedilie, with relation to Capt Kobert Dickesons advice ten- dered in and about the worke aforesaid. (12) Payment in Tobacco, for Accoinodation of persons at 316 TOBACCO A LEGAL TENDER. CHAP, the Assizes, not haveing given content to some persons at S"^ , J' . Georges : It is unanimouslie Ordered. That Tobacco in all 1669-1681. cases be the payment, and not to be refused for current payent, according to such value, or estimate as it shall be pitched uppon at the tyme of Division. And the goodnes thereof to be Judged (if occasion require) by two substantiall men of the Tribe where it is paiable, or at S' Greorges. (13) Upon the Grrand Inquests Motion for the erecting of an house of easement at S' Georges, for the benefitt of the Geiiall Inhabitants, upon the Countries charge: Fnanisly Ordered That the Sheriffe doe speedily employ a workman for the erecting thereof in such comodious place, as hee shaE think fitting for such a necessarie purpose. As likewise that hee employ Boaz Sharpe for the finishing of the Cisterne, alredie begun, and in parte paid for by the Countrie at the last Genall Division. 26. (1) The Attestation of Nathardell Mills taken in Court at an Assizes held at S' Georges in the Sessions house the 9*'' dale of June 1670. Who being Sworne to declare what he knew concerning the Carcase of a whale which was brought upon a Shole near the Governours house, in the Moneth of Aprill last past, to the Annoiance of the Governo"^ & Inhabitants, hee affirmeth uppon Oath that M"^ James Saile was the occasion of the bringing thereof as aforesaid. And that George Leman Jun% John Gil- burt, Black Dick & Eobert Simon, along with the aforesaid Nathaniell Mills, and M' James Saile himselfe in the Whale Boate, (whereof M"" Saile was Harpaneere) towed the aforesaid Carcase from the backside of Lieft' Stokeses Island, up unto the Stile, and there let it goe adrift. And &■=, The marke of X Nathaniell Mills. (2) John Gilbert follows with evidence to the same eflect, adding that 'M'' Saile did sale he would give him a Boule of punch for his paines, but he never had any of him.' (3) Uppon M' James Sailes Confession and his submission to Sir John Heydon Governo'' before the Coimcell. The said Hono"'^ Governo' hath bin pleased to pass by his the said M'' James Sailes notorious transgression. And hath consented that the proceedings of the Grand Inquest in & about the pre- SERVICE OF THE CHURCHES ARRANGED. 317 mises, be at an end. Nevertheless ffined in Court by pluralie of Votes, 10' Sterl for his late breach of the Kings peace in rela- tion to J Briggs, upon his CompP against the said M'^ James leeg-iesi. Saile, not by him denied in Court. 27. At a Council Table June the 28*" 1670. M"" Hotham agreeing to preach first at Port Eoyall : That daie fortnight M'^ Bond at Sumersett : That dale fortnight after, M' Smith at Port Eoyall, And that daie fortnight after M"" Edwards at Suinersett, and soe to keepe their Turns in Course till a further supplie be sent from the Company. It being the request of the Hono"'^ Governour, that the abovesaid Ministers should meet at his house to agree how to supplie the wanting Tribes of Port Eoyall and Sumersett. And they having agreed amongst themselves to supplie the said Tribes aforesaid. Wee the Governor & Councell order the Secretarie to give the Ministers on our behalfs, Thanks for their soe good Agreement, flfor the benefitt of the Two wanting Tribes dureing their Con- tinuance till the Companies further pleasure shall be knowne, or from them a Supplie sent for the aforesaid Tribes. I being sent by the G-overnor & Councell offered the pre- mises to M' Hotham, M'' Edwards, M'^ Bond and M' Smith, at M' Smiths house. M"^ Hotham, M' Edwards & M"' Smith did thankfullie complie with the premises, M"^ Bond declared that he would not complie with the premises, to preach at either of the vacant Churches, without an Order of Governor & Councell, because he would not distast, or preiudice the Defendants in the Cause with M' Smith aforesaid. Henhy Tucker Secretie. 28. Extract from a Letter from the Governor and Council to the Company 28 June 1670. The ffowre ministers being inuited by the Goueruo'' with the Councell this daie, they being moued to bestow their paines in the vacant churches And that they would agree among themselues which of the Lords dales might be most commo- dious for them They did complie as to the time and place where- with the councell being acquainted, the Secretarie was forth- with ordered to giue them thanks. But M' Sampson Bond did recede from his former agreement refusing to preach in any parish but his owne Assigning this for a reason That he would not do it without an absolute order from the Gouerno'' and Councell, further alleageing that he should thereby wrong those gentlemen who had imposed an order on M'' Smith for preaching in vacant Churches. 318 QUAKERS AGAIN FINED. CHAP. 29. A Proclamation by Sir John Hey don Governor 1669-1681. 13 July 1G70. (1) TJppon the G-rand Inquests presentment of the Quakers and others of the severall Tribes, and at S' Greorges, for their absenting themselves from Church upon Sabath dales, Ordered, that the respective Church Wardens doe collect Twelve pence for each offenders absence from the Parish Church where they reside & dwell, whether man or woman above Sisteene reares of age, without sufficient cause shewen to the Church Wardens for the contrarie : And Church Wardens as aforesaid defaulting to demand & receive 12* for each absenter, are topaie, according to the Contents of the Honorable Companies late Order, ffortie shillings. (2) Whereas the Grand Inquest hath presented the unsea- sonablie walking in the night tyme with lighted leaves, to the endangering of the fireing of houses, Timber, fifences, and Sugar Canes (by Industrious Inhabitants planted.) By which incon- venience some Inhabitants may be utterlie undone, and others greatly preiudiced & disheartened. It hath bin thereuppon unaniously ordered, That such Ser- vants, Youths, MuUattoes, Indians or Negroes as shall by night or dale presume to go with lighted leaves, or sticks of fire, in the highwaies or over mens grounds, shall be subiect to be whipped upon complaint or proofe, according to the discretion of the Councellor of the Tribe where the offence shall be coiiiitted. And such Masters of Servants, Youths, MoUattoes, Indians or Negroes (if they shall presume to uphold or suffer them to act as aforesaid) are to forfeit Twentie Shillings Sterl, to be paid to the Sheriffe, or Councellor of the Tribe for publike uses. (3) Whereas the Hono*'^ Companie hath sent over Sealed Weights and Measures as Standards, for prevention of deceits & Iniuries amongst vs : And the said abuses have bin taken into consideration by the Grand Inquest. The said abuses princi- pallie relateing to the Sheriffs office and care at his Quarter Walks, to suppress. It is expected and Ordered, That all man- ner of Inhabit'^ have their Measures tryed by and before the Sheriffe accordinglie. And that none presume to buy or sell by any other Measures for the future, then by such as hee shall marke according to such Standards, as have bin sent over by the Hono"'" Companie. (4) Ordered likewise. That all persons goeing over private RETAIL PRICE OF LIQUORS FIXED. SI 9 pathes, to the damage of Owners & Occupiers of Land, shall chap. paie 10'" of Tobacco to the party agreeved. And Servants, . ^J- . Molattoes, Indians or Negroes transgressing as aforesaid, to be 1669-1681. whipped, unless the respective Masters will give present satis- faction for such Transgressions (0) Whereas Tobacco hath not given Content to some per- sons at the tyme of Assizes, And noe payment will content them but redie monie. The said Agreevance haveing bin taken into Consideration. It is unanimouslie Ordered. That Tobacco in all cases be the payment. And not to be refused for Current payment according to such value as it shall be picked upon at the time of the Division. And the goodness thereof to be Judged of (if occasion require) by Two substantiall men of the Tribe where it is paiable, or at S' Georges (6) Lastlie, fforasmuch as the Grand Inquest hath pre- sented the abuse of the sale of Drinke by Eetaile, to the increase of Drunkenness, and Disorders in such persons as Eetale the same : It is thereuppon unaniously ordered. That the Con- stables of the severall Tribes doe make enquirie of what persons have sold Drinke by Eetaile without Lycence, within these six Months. And such as are Licensed, are to take notice. That they doe not take above Eight Shillings per Gallon for Brandie at Eetaile within doores, and Seven Shillings per Gallon at Eetaile when sent for out of their houses. And likewise not to sell Eum for above 6' within doores, and 5= without, upon the forfeiture of their Eecognizance. Given under my hand at S' Georges the IS'" Julie 1670. J° Hetdon. 30. A Declaration by John Stowe 4*'' Julie 1670. (1) Whereas, I John Stowe did at an Assizes held at St Georges June 1670, offer a paper representing an Agreevance to the then Grand Inquest, wherein Sir John Heydon Knight and Governour was principallie concerned, and Subscribed by mee. Therefore I the said John Stowe doe by these presents declare. That M"^ Sampson Bond Minister did whollie, onelie, and solely desire and importune mee the said John to subscribe and offer the said paper to the said Grand Inquest, And that the said M' Sampson Bond was the sole author, procurer and contriver (as far as I know) of the said paper, And that not out of anie animositie, ill-will or preiudice to the said Sir John, but meerlie through the said M' Bonds importunity I did subscribe and offer the said paper as aforesaid. And I doe humbly beseech the said S' John to put the most candid interpretation upon my said subscription and offer, passing by any offence that 320 MISCHIEF-MAKING OF EEV. S. BOND. CHAP, might iustly be taken at the same, And to impute & charge . ^^- . all upon the said M"" Bond totallie therein concerned, as far as 1669-1681 . I know. Given under my hand the daie and yeare first above mentioned. John Stowe, Signed & delivered in the presence of John Darrell Sen"", S. Smith, Henrie Moore, Henry Tucker Secretie. (2) Upon this submission Sir John Heydon at once restored Stowe to his civil privileges, although the objections to him appear untouched : — Whereas there hath bin a paper presented against Sir John Heydon Gover' at the Assizes in June 1670, by way of a pre- sentment, and finding Capt John Stowes name therein men- tioned, and his hand thereto fixed. And the aforesaid Stowe being Impanneled for a Jurieman to serve on the Grand Inquest the last Assizes in June the 6* 1670. I, Sir John Heydon Governour of the abovesaid Islands did keepe back the said John Stowe from the Service to which hee was chosen, for the above- said reason, with severall others. But since the said Assizes being fuUie satisfied. That the said Stowe was not the cheefe actor in the contriveing, and makeing of the presentment afore- said, but drawn to it by the perswation or desire of M' Sampson Bond Minister, as will appeare by his the said Stowes Acknow- ledgent and Subscription under his hand dated the 4"^ July 1670, delivered to mee the said Heydon in the presence of M"^ Henry Moore, Capt John Darrell, M"^ Samuell Smith Minister, and M'' Henry Tucker Secretarie. Therefore know ye, That I Sir John Heydon Governor, doe Esteeme Capt John Stowe, And now doe inable him, on this my Judgment, A person capable to serve the Kinge, Companie and Countrie in any Service for them, that hee may be called to, by the Election of the Inhabi- tants of Pembrooke Tribe. J° Heydon. 31. At a Councell Table 1^' November 1670. Upon the Governours propounding, upon what daie the Generall daie of Division of Tobacco shall begin, to the conf sideration of the Councell, As likewise how Tobacco shall be estimated at in order to the satisfying of such persons as are to be paid out of the Generall Levie this present yeare. Unani- mouslie then agreed uppon, and Ordered, That upon Mundaie the 14'" daie of this instant November, the Generall daie of CURRENT VALUE OF TOBACCO. 321 Division of Tobacco shall begin. As likewise that all Workmen CHAP, that have worked for the Generallitie, And others to whome . -^^- . Tobacco is dne out of the Generall Levie, That they shall I669-I681. receive Satisfaction for what is accrueing unto them, by Tobacco at Three pence per lb. ' 32. Letters of acknowledgement for services to the Carolina expedition. (1) Barbadoes September the 13*'' 1670. The Lords Proprietors of Carolina hath Comanded mee to convey the inclosed Lett"^ to you, of which opytunitie I am joyfuU that I amongst the rest may p'sent you my thanks for your kindness shewed to the people of that Designe. I beseech you S"^ to continue your generous temper still. And as you did assist them before they went to Cayawah (Savanah ?) soe please to continue it now they are there setled, which will not onlie claime an acknowledgement from the Proprietors and all noble soules, but pticularlie from Your most humble servant Tho : Colleton. To the Hono"'^ S' John Heydon, Groverno' of Bermudas, these present. (2) White Hall the 15"^ Male 1670. S' ffrom o"" people that put into Bermudas in the Shipp Caro- lina, Wee understand of Your verie great Civilitie & kindness to them. And great assistance to the prosecution of their designe in hand, which though it be his Ma*'*^ and the Nations business as well as ours. Wee think Wee ought not to omitt giveing you our pticular thanks for the same. And alsoe doe desire you to give o' thanks to the people under Your Government, Whom Wee understand have alsoe bin verie courteous and assisting to o'^ people, And to assure them and yourselfe. If Wee may in anything be serviceable to either of you, You shall finde that Wee have a gratefull Sense of your Obligation which by this Action you have Conferred on Your verie affectionate friends Ashley, P'^ Colleton G. Carteret Albemarle Craven. To the honourable S"" John Heydon Governo'' of Bermudas. VOL. II. T 322 IMPOETED TOBACCO TO BE TAXED. ^xv!"' 33. At a Generall Court for the Somer Islands, held on 1669-168T Wednesdaie IQ**" October 1670. (1) Wheras the Company and Plantation of the Somer Islands have bin abused, and may further be abused to the loss and defrauding of their dutyes, upon pretence of Parcells of Tobacco imported into the said Islands from Elutheria, New Providence and other the Bahama Islands. And upon the ex- port of such Tobaccoe from the Soiner Islands, through the mixing of some few rolls thereof with Tobaccoes of the growth of the said Islands, the Owner or Exporters thereof fraudulently doe and may colour their deceits, and free the tobaccoes from paying any duty to the Company, ffor prevention whereof, and the preserving the Eights & Dues of the Companie, Ordered. That all Tobaccoes of the growth of Elutheria, New Providence or any other of the Bahama Islands imported into the said Soiner Islands, and from thence exported in any Ship or vessell whatsoever, shall be subiect to all laws & orders made, or to be made by this Company touching Tobaccoes of the growth of the said Soiner Islands. And that all pleas, allegations & pretences to the contrary, shall be in noe case admitted. But that the same be absolutely Voyd, and of no effect to all intents & pur- poses whatsoever. And the Grovemor and Councell in the Soiiier Islands are to cause this order to be publickly proclaimed, that all psons concerned may have notice thereof. Thomas Marten Secretie to the said Companie (2) Whereas much trouble hath bin occasioned in delivery of the Companies Magazeene Ship the Marigold by Chests of Tobacco of vast proportion, the like never having bin transported out of the Soiner Islands, Ordered, That if any Chests shall be shipped aboard any of the Companies Magazeene Ships for the future exceeding in proportion One Thousand weight, that all such Chests shall be alowed only half of the usuall Tare. And to the end all psons concerned may have notice thereof. It is further ordered that the same be intimated in the next Generall Letters of the Company to the Grovemor and Councell in the Somer Islands, to be communicated to the Inhabitants there. Thomas Maetbn. 34. At a meeting of the mayor part of Pembroke Tribe 31 October 1670 was then and there chosen by the vnanimous vote of the Tribe, eight men besidesthe Church- 1669-1681. VAST SIZE OF PACKA.GES. 323 wardens, for to agree with workemen for the repairing of the Church, and likewise when the worke is done, what theis men doe agree what euery man shall pay, according to his abilitie, wee will stand to. — Parish Eegister Pem- brooke Tribe. 35. At a General Court for the Somers Islands Company held at Armourers HaU in Coleman Street London on Tuesday the 1=* of November 1670. (1) Whereas a late Order of Court bearing date 17"' Septem- ber 1655, granting a liberty to the Inhabitants of the Soiner Islands to ship their Tobaccos in other ships, in case no ship or ships arrived from the Company on or before the 1" day of March, yearly, under the several cautions in the said Order expressed, was formerly Eepealed and made void, since which time the Company have absolutely prohibited, almost every year to this present successively, the transport of any Tobaccos out of the said Islands (save in their own Ships) and that some question hath been made (though there hath been no other ground for the same, but carrying on of the corrupt designs of some mens private interest) that the said former order hath been in force, though repealed as aforesaid, and so the Com- pany hath been exceedingly abused. To the end that all persons concerned may be imdeceived, this Court do declare that the said Order of the 17*" September 1655 was absolutely and formally the 26* May 1658 Eepealed, and never since that time by any authority of this Court, or power derived from it, revived or appointed to continue for one moment. And this Court do confirm all their Laws and Orders made against transport of Tobaccos out of the said Islands, and do require the Governor and Council there to seize, to and for the use of this Company all such Ships or vessels as shall have aboard them any Tobacco or Cedar of the growth of the said Islands with intent to transport the same, contrary to what hath been appointed as aforesaid, and that they send home by the next Magazine Ship that shall arrive at the said Islands, all such Tobacco and Cedar, and further upon the seizure of such Ships, shall dispose of the same, as by further Order of this Court shall be directed and appointed. Thomas Maeten Secretie to &" 36. The following proceedings are of great import- ance, being the action of the Company against Perient Trott, whose defiance of their rules has long been con- T 2 324 THE COMPAlfy V. PERIENT TROTT. CHAP, spicuous. They are the commencement of a contest which terminated in the Company's downfall : — 1669-1681. At a General Court for the Sofaers Islands Company, held at the Lodgings of the Eight Honoble the Lord Chamberlain at White HaU on Wednesday 9** Novem- ber 1670.1 (1) Whereas his late Majesty King James of famous memory by his gracious Letters patent under the great Seal of England bearing date the 29'" June in the 13* year of his said Majesty s Eeign over England, Scotland, France and Ireland &", hath granted the Soiner Islands and all Royalties therunto belonging or in any way appertaining to several persons therin particularly named and to their heirs and assigns, and thereby incorporated them by the name of the Governor and Company of London for the Plantation of the Soiner Islands, with several powers and authorities to make Laws and Ordinances for the Grovernment of the same and the Members of the said Company as by relation thereunto had it may and doth more at large appear. And whereas his said Majesty hath among other things in and by the said Letters patent Given and granted unto the said Governor and Company in these words following (vizt) [Then follows a quotation from the Letters .Patent, from the words ' and to the intent,' p. 95, vol. i., to the words ' in that behalfe,' p. 96.] (2) And whereas by the established Laws and Orders of the said Governor and Company (videlzt) a Law bearing date the 26"" day of November Anno Dom: 1628. Every man that shall adventure to the Soiner Islands is to lade all his Goods in the London Ships set out by the Company and not in any other ship or ships but by license from the Company, and all Tobaccos in the same ship bound home to London aforesaid : and whereas also by another Order made at a General Court held the 18'" day of August An° : Dom: 1658 for the better securing the Company's duties, it is thought fit and ordained that the Governor and Council of the Soiner Islands shall have power given them, and they are hereby authorised by this Court to cause the sale of the Goods of any person there that is indebted for, and shall neglect or refuse to pay such duties. And in case there be not sufficient of Goods to satisfy and pay the duties owing by any person aforesaid, then we direct that the said Governor and Council do cause the lands of every such person to be extended > TheEarlofManeheeter, Governor of the Company, was the Lord Chamberlain. 1669-1681. FOBMEE ORDERS RECAPITULATED. 325 jintil the said duties be paid. And whereas also the said Grovernor and Company have for these 17 years last past, almost yearly sent Orders and Letters to the Grovernor and Council in the said Islands, expressly charging and commanding them not to permit any Tobacco or Cedar to be exported out of the said Islands, but to reserve all for the Company's Magazine Ships with further commands to seize all such Tobaccos they should find the growth of the said Islands in any ship or vessel intend- ing to transport the same out of the said Islands, and to send home such Tobacco or Cedar by the next Magazine Ship of the Company that shall arrive at the said Island. (3) And also by a standing Order of this Company for the preserving of Cedar made the 2"* day of September An° : Dom: 1659. It is Ordered as foUoweth (videlzt). Whereas the Timber the growth of the Somer Islands hath of late years been much destroyed by transporting the same into England and other parts, and by building therewith Boats and Vessels which have been disposed of, and sold to the Barbadoes and elsewhere, and under pretence of Warrants for transporting of Cedar granted to particular persons, much cedar hath been conveyed on board the Company's Magazine Ships to the general damage and prejudice of the Plantation, this Court taking the same into consideration do hereby expressly prohibit and forbid the transport of any Cedar wood out of the said Islands either in the Company's Magazine Ships or any other ship or vessel whatsoever, except such as shall be made use of for Cask or Chests to pack up the commodities of the growth of the place, or for necessary fireing to be spent in the Company's Magazine Ships, that are or shall be employed and sent to the said Islands. And if any person or persons shall ship or send on board any Cedar wood with intent to transport the same, except before excepted, every such person or persons so offending shall forfeit all the said Cedar wood and treble the value thereof to be levied by distress and sale of his, her, or their goods until the same be satisfied and paid, and this Court doth further think fit and order that all and every person that hereafter shall erect or build any boat or vessel with the Cedar of the growth of the said Islands shall give good security to the Grovernor for the time being, that such boat or vessel shall be for the use of the Islands only and not sold or disposed of to any other place, and the Grovernor and Council in the Soiner Islands are required to put this order effectually in execution and cause the same publicly to be proclaimed to the end that all persons concerned therein may have notice thereof, and conform themselves accordingly. (4) Now forasmuch as M'' Perient Trott regarding not the good and welfare of the Company while he was a member 32^6 ILLICIT TRADma OF PERIENT TEOTT. CHAP, thereof (as he ought to have done) but seeking his own ends . ^J' . and private gains, though to the ruin of the Company and great 1669-1681. damage of the said Soiner Islands, hath used indirect ways and means for several years past by privately sending Ships to the said Islands without the privity or knowledge of the said Com- pany, and contrary to their said Laws, and by his goods sent therein, hath forestalled the Market there, to the general preju- dice of the Company, and hath secretly eloyned and conveyed away several great quantities of Tobaccos in several strange Ships, not belonging to, or authorized by the said Company, which Tobaccos ought to have been preserved for the Magazine Ships of the Company, and hath also forestalled the market here with the said Tobacco's making his own price, while other members could hardly gain anything for their Tobaccos, and by defrauding the Company of their duties, (as much as in him lay) hath exposed the said Islands to be betrayed and lost by defrauding the Company of those duties that are the only means for discharging of the OflBcers, and Minister's their Salaries, and upholding the Government both here and there, and pro- viding for Arms and Ammunition for the necessary defence of the Seiners Islands, and in particular the said Perient Trott hath caused to be secretly shipped out of the said Islands in the month of December last by one Bredcakes Ship 8342 lbs of Tobacco of the value of 4* per lb amounting to the sum of s6I39 Os. Od Sterlg, and likewise in the month of March last past in a ship of his own called the 4-Brothers whereof John Ffaulker was late master, conuayed and imported from the said Islands vnto the Port of London within this kingdom of Eng- land, without the license knowledge or priuity of the said company 18,604 lbs wt of Tob, of the value of 4d per lb, amounting to the sume of ^310 Is 4d sterl, and also at the same time indirectly transported from the said Somer Islands vnto the Port of London, ^Cedar in the said ship called the 4-Brothers of the value of £\5 the treble value being £45, all which sums amount to the total sum of £509. 2s stg. (5) And whereas since the arrival of the said ship. Tobacco and Cedar to this Port of London the said Perient Trott hath so concealed part, and disposed of the rest, that the Company cannot sieze the same to and for their use, and that the several sums of money amounting to the sum of £509 2s Stg : hath been demanded of him the said Perient Trott, who doth refuse to pay the same to this Company. It is therefore ordered, in pursuance of the before mentioned orders of this Company, that the Governor and Council in the said Islands be required, and are hereby required to extend and sieze the Goods of the said Perient Trott in the said Islands for satisfaction of the teott's goods to be seized. 327 sums before mentioned, and in case there be not sufficient of chap. Groods to satisfy and pay the same, then the said Grovernor and " . Council are hereby required and ordered to cause the lands of 1669-I68i. the said Perient Trott in the said Islands to be extended and siezed until the above said sum of £509. 2s Stg: be fully satisfied and paid, and to render an account thereof unto this Company at the first or next opportunity for that purpose. And hereof fail you not as you will answer the same at your peril. Thomas Maeten Secretie to the said Company. 37. Extracts from a General Letter to Sir Jolin Hey don dated London 9*'' November 1670, in reply to a letter from Oapt" Whalley and Council dated 15 July 1668. (1 ) Whereas by our last gen'all Letter wee did require that the oyle should be sent home by Capt Jenkins that was vnsent by Capt Morlie, and that there hath bin account giuen thereof, only in your last gen^'all Letter you give us to vnderstand that what oyle was formerly left behind and vnsent by ffaulkner was sent home by Morlie," saving that by the companys order re- serued there for satisfying men imployed in and about the whale fishing Wee must tell you that wee are exceedingly abused by alleadgeing of any such order for that all the Lawes and Orders of the Company made touching the whale fishing are expresslie against the trading in any whale oyle whatsoeuer, or disposing thereof to any place sauing the Port of London. And that for the account of the Company only, and therefore we are altogether vnsatisfied with what is by you written touch- ing the oyle as aforesaid It appearing by an account vnto vs sent, that in the yeare 1668 there were then made 28 Tons of which disposed to labourers 21 Tons and remayning undisposed of 7 Tons. And vpon the whole we do order and expect that you the Grouernor and Counsell doe transmit to this Court a fuU account of all the whole oyle that hath bin made in the Islands and that should haue bin sent vnto the Company . . . (2) You having been by several orders from us, from time to time requested to send home unto us the Eent of Brereton with the arrears thereof, by you unduly received, and you having sent home unto us by the last Ship only the last years rent, but ho arrears, we do hereby therefore strictly command and require you the Grovernor and Council to comply with our said former orders, and to send home the arrears without further trouble. 328 OPEN SMUGGLING OF TOBACCO. C^^^- (3) Whereas not^^ithstanding the mainie orders lately made > r^ — • against the Transport of Tobacco out of the Somer Islands 1669-1681. under severe penalties, save in the Comany's Ships (vizt) there hath been lately transported in strange ships in or about the month of November last 21000 w* of Tobacco by a New England Ketch, whereof John Alden was Master. In or about the month of December last 15 or 20000 w' of Tobaccco by one Bredcakes Ship. In or about the month of March last 19000 w' of Tobacco (weighed off here at the Custom house) having been transported out of the Islands by the Ship 4 Brothers, whereof John Falkner lately was Master. And whereas we are given to understand, that the said Falkner and Bredcake severally gave Bonds not to transport any Tobacco or Cedar out of the said Islands, "We do therefore order that you the Grovernor and Council do transmit unto us by the return of this Ship the Bonds entered into by Bredcake and Falkner as aforesaid and that for the future you do give unto us from time to time an account of all Ships that shall touch at the Islands with the occasion of their touching there. We having formerly received notice of a considerable quantity of Cedar and Tobacco, that had been transported out of the Soiner Islands in Bredcakes Ship, did ia our last General Letter require you the Grovernor and Council strictly to examine what Tobacco and Cedar had been so transported, and by whom, but no such account hath been yet returned. We do hereby revive that our former command, and do order and require you the Grovernor and Council to make examination as aforesaid, and to send unto us an account thereof by the next. (4) Further in your last you making complaint of the great want of Servants to the Officers in the Islands belonging, by reason the terms of all the English servants are lately expired. And therefore you pray that there may be a sudden supply thereof. Forasmuch as the Company had taken order for such supplies reckoning of all the 70 negroes that came from Tortola as the Companys Eights to be disposed proportionably into the hands of all their Public Officers that are destitute of servants, and that the said order of Company (though often repeated) hath been very much neglected. We do hereby declare unto you, that the reason why your Officers are destitute of Servants as aforesaid, doth very much proceed from yourselves. And we do further intimate that the Company are not in a capacity to send over any English servants (as prayed for) at present. And we do strictly order, as formerly- that you th^ Grovernor and Council do send unto us by the next a perfect account of aU the said 70 negroes, in whose hands they now are, and for what they have been particularly sold. SHERIFF STAFFORD DISMISSED. 329 (5) fforasmuch as Eichard Stafford was chosen by vs to the chap. office of sherriffe in the Somer Islands, and for that purpose . ■^^- . had receiued his commission vnder the seale of the Compie and 1669-I68i. had bin intrusted with the rights and concernes of the Com- pany, whose dutie and Care it was to prevent any damadge (as much as in him lay) that might accrue vnto the companie in any of those rights and concernes. And that the said Richard Stafford hath wofuUy abused that his Trust he haueing bin a ffactor to the private designes of men attempting their owne sinister ends to the p^'iudice of the Company and plantaoon All which needing no proofe but cleerely appearing from the very things themselues, as they haue bin lately acted since the said Stafford hath bin sheriffe in the secret transport of Tobacco out of the said Islands, the like miscarriage haueing neuer hapned as in his the said Staffords time viz that in or about the month of November last 2l;0001b of Tobacco was then suffered to be transported by a new England ketch whereof John Alden was M"^ In or about Decem. last 15, or 20,000 lb of Tobacco by one Bredcakes ship, In or about the month of March last past 19,000 lb of Tobacco (weighed off her at the custome house) was transported out of the said Islands by the ship 4-Brother3 whereof John Faulkner is master, whereas it plainly appeareth by the said Staffords letter to the company bearing date June 7, 1 670 that he had a warrant to search the said ship 4-Brothers, and that he confesseth that he had searched her from stem to Post, and went with her himself out to sea and in his said letter he doth affirm (though most falsely) that he can with a good conscience sale that he knew but of one rowle of Tobacco that went awaie in that ship and neuer did giue leaue either di- rectlie or indirectlie for any Tobacco or cedar to be carried awaie out of the Islands since he was in office : ffor all which miscarriage wee do think fitt and order that the said Richard Stafford be discharged from the office of Sherriffe to which he was chosen and appointed as aforesaid, and be further made vncapable of bearing any office in the Somer Islands for the future. M' Anthony Jenour hauing bin presented vnto vs as a verie fitt person to execute the office of sherriffe in the Somer Islands, wee haue thought good to admit him therevnto and for that purpose wee have sent him our commission. [(6) Mr. Samuel Smith, minister, having officiated in the Islands these 7 years past, is permitted to return at the humble request of his aged father. The Company reject the appeal of John Vaughan and his son, convicted of perjury; ultimately, how- ever, they cancelled the record. ■ a • ■ • • ■ (7) Whereas M"" Sampson Bond was Coifdssioned and sent 330 EEV. S. BOND DISMISSED. CHAP, over by this Company to preach the Grospell in the Soiner . ^^- . Islands, And to performe all offices and duties as became i > 1669-1681. minister thereof. It being a great part of the same, with all meekness and quietnes of spirit to behave himself towards all, and to endeavour the peace of the place, contrary whereunto, he the said M' Bond hath shewed himself upon all occasions a person of a factious & contentious spirit fomenting divisions betweene Groverno'' and Groverno', people and people, and hath made it his practise to prosecute quarrells, and to e^g on the people to needles Suites of Law in the Courts of the Soiiier Islands. But principally hath bin an instrument to discontent all the ministers sent over thither by the Company, by distilling into the eares of the Grovernor & Councell such things as might tend thereunto. And hath appeared active therein. And further hath occasioned the imprisonment of one of them for the space of 8 moneths. And, as if these were not crimes enough, he the said Sampson Bond hath bin an Instrument lately to present the Grovernor upon the Bench for some proclamaons made & issued out touching liberty to be granted to Negroes, embracing the Christian faith. And thereupon he the said M'' Bond hath come into open court, and owned his contrivance of, and avowed the said Presentment. And further did alleadge that the breed- ing up of such children in the Christian religion makes them stubborne. The contrivance of which presentment this Court doth adiudge seditious, and the uttering of the prealleadged words impious. Touching manie of which things, he the said M"" Bond hath by publick Letter from this Coiut An° 1666 bin admonished, and since by manifold private letters from his friends & others, in order to his reforming, and the leaving of such practices. Notwithstanding all which, he the said M"^ Bond hath psisted in those his former courses to the endanger- ing of the publick peace, And causeing the contempt of the Grospell. Upon full consideration of the premises, wee do think fitt and order that the said M'' Sampson Bond be forthwith dis- missed the Islands, And that you the Groverno'' & Councell take care to see the same pformed accordingly (8) The ingenious endeavour of Capt John Hubbard in pro- moting the planting of sugar canes in the Somer Islands, And his presenting this Company with a box of Sugar as an Essay in makeing the said Sugar Comodity thriving and practicable for the generall good of the Islands, haveing bin taken into consideration by us, we do take it in good part those his endea- vours, and as a Testimony thereof, we have sent him the said Capt John Hubbard an Ankor of Brandy. And if the obiection ONE ACRE A CHURCH LOT. 331 that is made against the planting of Canes (vizt) That the same chap. will destroy the wood and fueU of the Islands, can be rationally _ answered by the supplie of coales, or some other way, wee do I669-I68I. and shall encourage all that may be the said endeavours, and do referr it to you the Governor and Councell to deliver your opinions thereupon. And to transmit the same unto us, by the returne of this Ship. (9) Wee have sent you by this ship 80 Musketts in two Chests, four Harquebuses, Six drum heads, as also the three fflaggs before mentioned, and more, three drum lines, three drum shares, packt up in a small barrell, all which you shall receive by Capt Pensax. . . . (Signed) Manchester. 38. (1) To Mr. Eichard Norwood Generall suruaior of these Islands, or to any other capable person whom Mr. Norwood shall appoint By Sir John Heydon Gouerno^ 11 Novem. 1670. ffor the preuention of disputes about the proportion of Land belonging to the Church of Pembroke Tribe : these are to Ee- quire and Authorize you according to the contents of the Honor- able companies order on that behalfe that you laie out one compleate Acker of ground for the accommodation of the said Church according to the discretion of the present Church wardens of the aforesaid Tribe whereof faile you not And for yo'' soe doinge this my warrant shall be you' discharge Griuen vnder my hand at S Georges the 11th dale of November 1670 J Heydon {From the Records of Pemhroke Parish) (2) The Governor and Council, March 10, 167-f-, write to the Company ' Concerning Churchyards to be appropria- ted to the seuerall Tribes, y'' orders haue bin published to that purpose since which time Wee have heard nothing of complaint, more p.ticularly Deuonshire Tribe hath bin ordered to laie out one compleat aker for their church yard which hath bin done by M"' Eichard Norwood, wee believe the like rule will be obserued in all the Tribes to take awaie difference about bounds and limitts.' 332 OWNERS OF BOATS TO GIVE BONDS, 1669-1681. CHAP. 39. At a Great and General Quarter Court for the Soiiier Islands Company held at Armourers Hall in Coleman Street London on Wednesday 27*" November 1670. Whereas the Company and Plantation of the Somer Islands have been much damnified by owners of Boats in the said Islands, who carry aboard strange and unlicensed Ships the Tobacco's and cedar wood of the growth of the said Islands to the defrauding of the Company of their duties for such Tobaccos and to the great waste of the Islands by export of such Cedar wood. For prevention whereof this great and General Quarter Court, by the power and authority thereof, doth Order, that all and every person or persons within the Limits or Bounds of the said Islands, that is, or shall be Owner of, or shall keep any Boat or Boats, shall respectively give Bond in the Sum or penalty of Twenty pounds Sterg, at the least to the Governor of the said Islands for the time being, to and for the use of this Company ; that such boat or boats shall not be employed or used by any person or persons whatsoever at any time, hereafter to carry any Servants, Debtors, Tobaccos, Cedar or any other prohibited persons or Commodities of the growth of the said Islands aboard any Ship or ships arriving at the said Islands, either in the Ports and Creeks thereof, or aloof at sea without License from the Governor of the said Islands for so doing, except aboard such Ship or Ships as shall be entertained as the Magazines Ships, or otherwise Commissioned by the Company upon pain of forfeiture, to the use of the said Company, of every such boat or boats, and of all such Goods as shall be carried therein And the Governor and Council in the said Islands are further to cause this Order to be proclaimed to the end all persons concerned may take notice thereof. Thomas Maeten Secretie to the said Company. 40. The wreck of the ship ' Truelove ' of Bristol, on 6 December, 1670 (see vol. i. p. 739), led to proceedings before the Governor and Council sitting as a Court of Admiralty at St. George's, 19 January, 167-f^. (1) William Shepard Master of the Truelove, having been arrested at the suit of Jeremiah Burrows in an action of Debt and charges for goods removed out of the wreck, and having himself arrested Burrows for concealment of goods. Appeals to the well known work Lex Mercatoria' and other authorities, to ' ' Consuetudo vel Lex Mereatoria, or the Ancient Law Merchant, by Gerald de Maljnes, merchant, 1622.' 2nd edit., London, 1656. A COURT OP ADMIRALTY. 333 establish a claim for speedy adjudication by an Admiralty chap. Court. . -^y- , Burrows insisted on trial at an assize, where he would 1669-1681. probably have found a sympathetic jury, and challenged the authority of Lex Mercatoria. The Court concluded that the book in question having been formerly sent over to the Grovernment by the Company, was valid and authentic to aU intents and purposes. Burrows therefore, refusing to prosecute his own Action, was non-suited, and judgment was given for Shephard, upon evidence that goods to the value of £208, (besides severall caskes of Brandy, cables, anchors, and other comodities, not as yet brought to light, or to S Greorges, according to order of Grovernment,) were shipped aboard the said ship in Bristol, and have bin by the said Bur- rows and others concealed and detained, to the great damage and detriment of the said M"^ Shephard, and his employers in England. (2) The Governor And Councell takeing into Consideration the great inconveniences lately occasioned by Boates goeing forth without leave (Contrary to the Hono"'" Companys former Orders in such cases provided) to the Eeleife of the Shipp Truelove of BristoU, M*^ William Shepard Master thereof. To prevent the like for the time to come, have nominated and appointed certaine Boates in every Tribe belonging to the persons here under- written, And noe other, Except such as they shall call to their assistance, and answer for. In the first place they are to take care of the persons. Secondly of the Goods ; Thirdly, that they doe not disable the shipp by cutting or destroying the Sailes, Cables, Shrouds, or Apparell thereunto belonging. And what Goods shall be recovered by every or any of them, That forth- with they bring the same to S' Georges (Winde and wether per- mitting) where the Masters of the Shipps releived shall be Ordered by the Governo^ to give them satisfaction, And in case wether will not permitt them to come directly to S' Georges. That they with their Gang convey the Goods soe recovered to the Justice of the next Tribe, who is to write downe the particu- lars, and send them to S* Georges with all convenieat speede, with the names of the recoverers. On sure trust & confidence of the care and redines of the persons so named, in a worke of soe much piety & Charity. They are hereby advised & Eequired to take speciall notis of this Order. (3) The names of such Owners of Boates as have bin thought fitt to goe, or send out their Boates for the Eeleife of Shipps in distress are subjoined. Two in every Tribe. 334 THE COUNCIL PKOCEBD AGAINST BOND. c|^P- 41. At a Councell Table. 31 January 167^. 1669-1681. ....... (1) Unanimously Ordered, that M"" Eichard Stafford late Sheriffs doe give in an Accompt of what powder, Monie, Tobac- coes or Necessaries of, or belonging to the Hono*'° Company or this Plantation he hath in his hands, at the next ensueing Councell Table. And that the psent Sheriffe give him timely notice thereof, that hee may answer the Groverno'' and Councells expectation accordingly. (2) Unanimously Ordered, that M"" Eichard Stafford late Sheriffe, doe compleat this last yeares Levie. And give his Dis- charges for what Tobaccoes have not bin yet paid according to Order while he was Sheriffe, the which Discharges under his hand with the Subscription (Eichard Stafford late Sheriffe,) shall be each Counsellors, or other persons therein Concerned, sufficient Discharge. 42. At a CouncU Table 15 Feb^. 167-2-. (1) A Petition from M"^ Sampson Bond Minister being in- closed in a Letter to M"" Jonathan Turner Councellr of Devonshire Tribe, And presented by him to the Grovernor and Councell, And after perusall of the same. It being Judged to be of danger- ous Consequence, Charging the Honob'° CompTe with Iniustice in severall Clauses of the said Petition. And upon perusall of the Hono"'" Companys late Order in their General! Letter dated the 9"" daie of November 1670, strictly Coinanding the Governor and Councell forthwith to dismiss the said M"^ Sampson Bond Minister from these Islands. It is therefore unanimously Ordered, that the said Order be forthwith put into Execution. And that Warrants be issued out to the Sheriffe, Church- wardens & Constables of Pembroke & Devenshire Tribes, forth- with to dismiss the said Bond, and bis ffamily out and off the said Gleabe, allowing him reasonable Satisfaction for whate paines or Charge is iudged he hath bin at in making of Plant Bedds, and planting of Come & potatoes since Christmas last past. And likewise for his forthwith dismission out of these Islands, there being now present severall vessells fit for accomo- dation bound to severall ports, more especially the Hono*^^ Companies Magazeene shipp, bound for the port of London, in which, if M"" Bond please to transport himselfe, it is conceived he may then be in the nearest capacity to vindicate himselfe. And recover Satisfaction, if the Hono^'° Company hath done him wronge, as he alleageth in his aforesaid petition. 1669-1681. WAERAJ!^TS FOR HIS EXPULSION. 335 (2) To M' Anthony Jenour Sheriffe of Soffier Islands, chap. By Sir John Heydon K* and Governo''. Whereas M' Sampson Bond late Minister of Pembrooke and Devenshire Tribes, is by the express Order of the Hono*'° Com- pany for the Somer Islands, held at their Court in Armorers Hall in Coleman Streete London, bearing date Novemb"" the 9*" 1670, to be forthwith dismissed these Islands for severall Crimes and Miscarriages Charged upon him in the said Order And whereas Wee, the Governo'' and Councell are Ordered to take care to see the said Dismission performed accordingly : there being at present Shipps in the Harbors of these Islands that are redie & comodious to accomodate passengers for Old England & New England, Virginia, Barbadoes & the Leeward Islands, These are therefore, In his Maiesties Name to will and require you forthwith to repaire to M'' Sampson Bond aforesaid. And to Charge and Comand him to departe these Islands forthwith, according to the Order aforesaid, as he the said M"" Satapson Bond will answer the contrary at his periU. Given under my hand at St Georges, the 17'" dale of ffebruary An° : Dom : 1670. J. Hetdon. (3) To M'' Anthony Jenour Sheriffe. And to the Church Wardens and Constables of Pembrooke and Devon- shire Tribes. By Sir John Heydon K* And Governor Whereas M'' Sampson Bond late Minister of the Tribes abovesaid, is by a late Order of the Eight Hono'"^ the Governo' and Company for Soiners Islands, to be forthwith Dismist these Islands, And the Churches of the aforesaid Tribes are by the said M"^ Bonds Dismission, become vacant. Wee the Governo' & Councell doe in his Ma'"' Name, will & require you forthwith to possesse yourselves of the dwelling house or houses with the Gleabe lands belonging to the Tribes ■ aforesaid, And to receive and take all the Comodeties, profitts and advantages, coming, growing or belonging. Or which here- after shall come, grow or belong to the said dwelling house or houses with the Gleabe lands aforesaid. And the same reserve for the use of the next Incumbent that shall be sent over by the Honowe Company. And in the interim not dispose of, let, sel or rent the said Dwelling house or houses, or the Gleabe Lands, or any part thereof to any person or ysons whatsoever, without the Consent of us the Governo' & Councell, That the next Incumbent as aforesaid, may have the premisses imediately in his possession upon his arrival in these Islands, for the main- 336 VIGOEOUS RESISTANCE OF BOND. CHAP, tainance of himselfe and ffamily, As likewise, that you forthwith . ^^- , put this Warrant or Order in execution. And within Six daies 1669-1681. after your Execution thereof, make a retui-ne of your proceede- ings therein to mee at S' Creorges. Whereof fail you not. Given under my hand at S' Georges, together with the publick Seale of these Islands hereunto affixed the l?"" day of fifebruary Ano: Dom: 167f. J. Heybon. To all Counsellors, Constables, or other Officers of these Islands to be assisting (if neede bee) in the execution of the premises. (4) These vigorous measures might have overcome any ordinary degree of combativeness : but the powers of Eev. Sampson Bond in this respect were worthy of his name. He replied in a second Petition full of special pleading, and succeeded in getting his parishioners to back him, but in vain. The Governor was determined to get rid of him, and he was forced to go to England {see again under date 18 June, 1672). To the Hono"*' Sir John Heydon K' & Governo' and the Councell, the humble Petition of Sampson Bond Min- ister, Sheweth. That on the first dale of ffeb: 167-2- y' Peti' received a Copie of a Clause of the Hono"'* Companies Gen'ail Letter, examined and signed by your Secretie, wherein are manie and greivous suggestions only alleaged, with an Order annexed, which runns thus. Upon full Consideration of the premises, Wee doe think fitt and Order, That the said M' Sampson Bond be forthwith dimissed the Islands, And you the Governor and Councell take care to see the same performed accordingly. According to the said Order, your Petitioner doth desire that there may be a full Consideration of the said premises before his dismission, hopeing that your Hon" will not separate the Cause (full Consideration &°) from the effect (dismission) since the Order (as, God in nature, and the King in Lawes) hath united & joyned them together (yet, in this Method, the Cause before the effect) and that you the Governor and Councell take care to see the same performed accordingly, which referrs, and looks back to the said Cause, as well as to the said effects. To the Cause first, to the effect afterwards. Now, may it please y' Hon", The full CONTENTION OF SAMPSON BOND. 337 Consideration of the p'mises (which, yet are alsoe to take care of by the Kings Lawes to see p.formed) cannot be done without a full hearing of all parties, which is published in Magna 1669-1681. Charta, Declaring, That any Judgment given contrary to the said Charter, Is to be undone and holden for nought. 25. Edw: 1. Ch; 2. Your Petitioner doth therefore humbly desire your Hon™. That the Allegations and suggestions in the Clause may be duly proved, and his answer thereunto taken, with liberty to produce Witnesses to make good the same. To this end, it is desired by y"^ Petitioner that his Accuser or Accusers may noe longer lye concealed from him. And that his said Accusers may be required to put in Security to pursue the said sugges- tions, which Coinanded in the 37 Edw: 3. 18 ut supra, and which ought to be done in the same Country where the crimes are alleaged to be coinitted, and if any thing be done against the same for the outing of any man of his freehold, Libertyes, free Customes or livelyhood, It shall be redressed. . . Hereby is intended, saith Cooke, that lands, teneents, goods. Chattels, shall not be Seized into the King's hands (then not into the hands of any below him) contrary to this great Charter &°. 43 Edi 3. Cook 2. Just: 32. Neither shall any freeman be put from his livelyhood without answer Cook i Just; 47. which is your Petitioners case, for he had a legall entry (and that of right) into his Parsonage house and Crleabe lands, with a peace- able & quiet possession therein for the space of eight yeares last past, which maketh his tenure in the p''mises, a Legall ffreehold, and is the best Title in Life, till a better be iudged by the verdict of his peeres. A Jurie of Freeholders. Likewise, the Kings Judges (of whome the Governor of these Islands is one) are obliged by Oath to disregard the Kings letters (if against his Lawes) though under the great or little Scale, which said Oath runs thus. If any force comes to disturb the execiiion of the Coinon Lawes, ye shall cause their bodyes to be arrested and put in prison, ye shall deme no man right by the ICings Letters nor coimsell the King to any thing that may turne to his damage or disherison 18 Edw: 3. 7 neither to delay right by any Coinand under the great or little Scale. This is the Judges Oath & charge 2 Edw: 3. 14, upon the whole Cooke observes : This hath bin by 32 Parliaments Con- firmed, established & Cofnanded to be put in Execution, with the condign punishments they have inflicted upon the offenders : Cooks proem: to the second book of his Institutes, And which is yet of further moment, The late King Charles (of ever blessed memory) in his Declaration at New Markett An° 1641, acknow- ledged the Lawe to be the rule of his power. And to the same most excellent purpose did our gratious King in his speech to VOL. II. Z 338 FIRMNESS OF THE COUNCIL. CHAP, the Parliament An" 1662 declare, That the good old rules of : ^J- . Lawe are our best security. 1669-1681. These princely premises Considered, y"" Hon"'' may assuredly conclude, that it cannot be the mind of the Hono"'" Company, that any letters which come from them to you should be put in Execution either before or against the due execution of the Kings Laws, nor did they ever intend that you should execise any Arbitrary power on y"^ petition'', which he hopes is not in y"^ heart (in the least) to doe : Considering the ample Certificate which y'' Honours, and with the last Gren^all Assembly, did soe freely and unaniously give to, and transmit to the Hono"* Company on the behalfe of y'' Petiion'', which Certificate is most contrary to the clause in the G-en''all Letters, which Clause is alsoe apparently destructive to y'' petition" libertyes, the Creditt & successe of his Ministry, his present & future livelyhood, together with the good name of your unhappy petitioner : Who doth againe with the greatest importunity beseech y'' Hono""' to grant him a due tryall on the said Clause, (who is redy to defray all iust expences incident thereunto) according to the Kings Lawes as abovesaid. Nay, according to the good word of Grod. Jo. 7:51. doth our lawe iudge any man before it heare him, and know what he doeth. Now, can your Xistian Hon"'^ suffer y' Petitioner to be iudged guilty, and not endeavo"^ his iust vindication, especially when ye know it is a Judgement without any Tryall hearing of, without any kind of suinons or notice given him, and all proceedings therein wholly concealed from him ; in such cases who can be safe or sure long to enjoy what he hath, or doth possesse, which is humbly submitted to the goodness and tender Considerations of y' Hono''^ And your petioner shall ever pray &'^. Sampson Bond. 43. At a Councell Table held at S' Georges, the 3"^* & 4'^ dales of March 167f . Upon the delivery of Two Petitions of the same substance from Pembrooke and Devonshire Tribes, for the staying of M' Sampson Bond, their Minister Unanimously voted. That the Hono*'° Companies express order, concerning M' Sampson Bonds dismission, shall be put in speedie execution according to a former Order of a Councell Table held at S' G-eorges the IS"" dale of ffebruary last past. And that M'' Anthony Jenour Sher : be empowered, at Discretion, in case M"' Sampson Bond shall forthwith depait the Islands, to Lett his dwelling house and Gleabe aforesaid for tlie Hono'''" Company or next Incum- A BREAKWATER MADE. 839 bents most advantage, to Mist™ Bond or some other person for chap. her use ; he the said M'^ Anthony Jenour takeing Security, That ■^J- . the Tenant depart the aforesaid house and Grleabe the ffour- 1669-I68i. teenth dale of November next ensuing, or upon demand ifiie- diately after the arrivall of another Minister sent from the Hono''"' CompTe. 44. At the same Council. Upon the motion of Sir John Heydon Groverno"', for the makeing upp the gapp betweene Grallowes Island,' and the Island next adiacent, by his Hono"' and the Councell Judged to be coinodious and advantagious for the Secureing Vessells as well as Boates riding at anchor or grapple within the said Islands. Unanimously Ordered that the two saile Boates, that are judged by the Councellors of the respective Tribes, capable to carrie considerable loades of stone, be, by them piched upon, with gangs proportionably. And that the owners of Boates be required, by Warrant directed to the respective Councellors, liy or before the last dale of June next ensuing, to carrie to the said place their Boates loded with stones for the makeipg upp a Wall, of such Bredth and heith, there as M' John Bristowe Sen"^ shall conceive to be coinodious for the use aforesaid, by ahd with the assistance of the Inhabitants in or about the Towne, the other Inhabitants belonging to S' Greorges lying- liable to bring stones, as well as the Tribes Boates for the finish- ing the aforesaid necessary worke. And that the Masters of all Boates soe loaded, doe repair to the said M'' Bristowe, or wliome he shall appoint, and give him notice of their ccmiing there- with, that he may order their delivery thereof as hee . shall appoint; Hee likewise being ordered to take notice in writing, what and whose Boates doe att'end the work aforesaid untill the same be finished. 45. The frequency with which disastrous shipwrecks must have occurred, before the dangerous coasts of the Bahamas and Bermudas were well surveyed and well lighted, has been illustrated by many occurrences of the kind recorded in these volumes. The following docu- ment shows that instances of the recovery of valuable property from them, were common enough to attract at last the notice of the Lord High Admiral of England. "^ • ' Not the IslaniJ. off the Flatts, but one in St. George's Harbour. z 2 340 A wrecker's contract. CHAP. Agreement between II. K. H. the Duke of York and ...Ji^ Edmond Custis Sen' of London 8 March 167f 1669-1681. It is Covenanted, Contracted & Agreed by & betweene his E : Highness James Duke of York and Albany, Earl of Ulster, Lord High Admirall of England & Ireland &" on the one parte, And Edmond Custis Sen"^ Merch' for himselfe and Partners on the other part as fblloweth (videlzt) That the said Edmond Custis and Partners, his or their heires or Assignes have full power & free Liberty & Authority to Search for, fish for and recover, at, upon or neare the Sea or Sea Coasts belonging to his Maiesty in the West Indies, or the Bermudas, all such Shipps Vessells, Treasure, Goods, Grunns or Merchandizes whatsoever which have been or shall be dureing the continuance of this Contract, Sunck, lost or Cast awaie in all, or any of the said places, And which are of Eight belonging to his E : Highness as Lord High Admirall of all his Ma"^° Do- minions beyond the Seas. That the said power & liberty of fishing- for, and recovering such Goods, Merchandizes &", shall continue from the dale of the Date hereof for and dureing the Terme of fifteene yeares, if his Eoyall Highness shall soe long live. That the said Edmond Custis and Partners, his or their Heires or Assignes have free liberty & power to sell and dispose of to their best advantage, all such Shipps, Vessells, Treasure, Goods, Gunns & Merchandizes, which they shall recover as aforesaid, they delivering such parte thereof at such place or port as is hereafter mentioned for his Eoyall Highness. That his E : Highness shall not dureing the said Tearme, Grant any Coinission, power or Authoritie unto any other person or persons, other then the said Edmond Custis & Part- ners, to attempt the fishing for, or recovering of any Ships, Vessells, Treasure, Gunns, Goods or Merchandize in any of the places aforesaid. That the said Edmond Custis and Partners, his or their Heires or Assignes shall well & truly deliver or cause to be delivered, for the use of his E. Highness, One full and entire fourth part of all such Shipps, Vessells, Gunns, Treasure, Goods & Merchandizes which shall be by him or them or their Agents recovered as aforesaid at, upon or neere the Seas or Sea Coast of any of the Lands, Islands, Plantations or Territories belonging to his Maiestie as aforesaid ; the said fourth part to be delivered free of all charges unto such person or persons as his E : High- ness shall appoint to receive the same at som Port within the Kingdom of England, the dangers of the sea excepted. That his E : Higness may (if hee shall think fitt) send one ROYALTIES OF THE LOED HIGH ADMIRAL. 341 or more persons aboard each ship which the said Custis or chap. Partners, his or their Heires or Assignes, shall imploy as afore- . ^J- . said uppon the service of Wreck fishing, to observe what Goods 1669-1681. shall be recovered, Which said person or persons shall be Civilly Treated, and have liberty to inspect the worke, whereby he may be enabled to gaine a perfect account what shall be recovered. And shall be alsoe victualed on board of such Ship, on which he or they shall be, at the Cost & Charges of the said Custis & Partners. And that the said Custis and Partners their Heires or Assignes shall give notice to his E : Highness his Secretary Three weekes before every such vessell doe proceede upon the said worke of Wreck fishing, And that every such Vessel shall touch at some Port in England to receive on board such person or persons as shall be put on board in behalfe of his R : High- ness for the Inspecting & takeing an Acco' of the said worke. In witness whereof his said E : Highness hath hereunto sett his hand & Seale this 8* day of March 1670. (Signed) James. (2) Having signed the foregoing agreement : the Duke of York then issued a commission to Custis to carry out his part of it, and an order to all persons in authority to facihtate the undertaking. (3) Also a warrant of appointment to Captain Eobert Barber, to go on board the ' Prince ' frigate, John Warwick master, to look after his interests. (4) Also Instructions to the same Barber to mark all property recovered, to keep a journal of proceedings, and an account of time, and to report the progress of the affair to the Secretary of H. E. H. by every opportunity. All which are entered at length. 46. A poetical description of a voyage to Bermuda, pubhshed in 1671,^ gives us a very lively account of their social state at this time, accompanied by descriptive notes, many of which are curiously applicable at the pre- sent day. It is dedicated to the Eight Honourable the ' ' A Description of the Last Voyage to Bermudas, in the ship "Marygold," S. P. Commander (Samuel Pensax), by J. H. (John Hardio). Begun Norember the twellth, 1670. And ending May the third, 1671, with allowance. London printed for Rowland Reynald at the Sun and Bible, in the Poultrey. 1671.' — From the Library of the Hon. H. Murphy, Brooltlyn, to whom the -writer is much in- debted for the loan of it. 342 POETICAL DESCElPTtON, 1071. CHAP. Governorand Company of London, for plantation of the 1669-1681. Summei' Islands, and commences thus As richest Diamonds when enshrined in gold And set in darkest Foyls, more Rays unfold, So stands that beauteous Isle on Rocks and Sands, Encircled with Great Neptune's watry Eands, Who when impeU'd with Gusts, make haste before, Dashing themselves, enamel all the shore : This pleasant Isle's the subject of my Muse, That late from raging Seas suffered abuse. Now enters Port, and after dreadful Toyls, To you (Renowned Sirs) gives up her Spoyls, The matter, place, occasion, every Section Are yours, and therefore claims your just protection. Accept (great Sirs) your own ; for by your Eye These Cabbiu Sea-sick Lines must live or die. Your Honors most Humble Servant John Haedy. The Prologue. Assist great Jove, and help my wandring muse Poetick Strains into my quill infuse. To sing the truth the praises and the Fame Of th' Isle Bermuda. CaU'd so from the name Of Spanish Juan Bermudas : though of late Its name was changed by Summer's happy fate. Whose Heart and Bowels buried, there to be A witness of it to Eternity. Omitting a few opening stanzas, the poet says : — we Long wishd for Summer Islands plainly see When as our CaptaLu caus'd a roaring gun For to be fir'd. Which once being done A Pilot came aboard, through dangerous rocks He safely carrying without any knocks, Into King's Castle Harbor,' where doth stand Two Castles, entring ships for to command ; After salutes to either we at last Near Captain Hubbards Bridge our anchor cast ; Some Brandy buy and suchlike liquid ware Others of New Tobacco pipes have care To store themselves, whilst others do agree Goods to exchange for such commodity The Country doth afford, and some are willing To sell their goods at threepence on the Shilling. This time it lasts not long, when suddenly Must work all hands, the Island Boats we see Deep loaden with Tobacco, which they bring ' In King's Castle Harbour, about a mile and a half from the shore. A BERMUDA BOAT IN 1071. 343 Unto the side, from whence we take it in. To give description of these same ' Boats With tripple coi'ner'd Sayls .they always float About the Islands, in the world there are None in all points that may with them compare. No adders, Serpents, Toads or Snakes are seen To prejudice Man's health, but it is stor'd With Bienes, Goats, Oxen, Sheep which doth afford Fine woolly fleeces, with such things as these Thou dost abound, ty'd ^ to Palmeta Trees, (g) Whose uses are so many, not unfold Them all can any man : from Winters cold It keeps their Houses thatch'd with 't, & its mats For Bedding makes, with Baskets, brooms & hats Nay more, it Cordage doth afford, in 'ts top A Cabbage grows, for meat, and do but lop Or bore a hole in 't, you may plainly see A pleasant liquor flowing from the tree. Its fruit is luscious, whose stone's black as Jett Will make neat Buttons if with silver set. The lofty Cedars (h) here do grow . . . ' The Author here introduces a rude cut of the Bermuda boat of the period, which is worth reproduction, as the rig is entirely different from the one-masted rig of the present day. The Islands boats after this form, carrying five or six chests of tobacco or CHAP. XV. 1669-1681. more. They lie so near the wind, that they will fetch the same place they took upon close hauled. '' They tye all their cattel, as horses, asses, hogs, goats, sheep, &c., to trees, where they feed on the mellilot and fennel, round about them. {g) The palmeta tree is a straight tree about the height of an apple tree, grow- ing with broad leaves at the top, closed together in manner of a fan, which they put to several uses more than I can now relate. Qi) Cedar Gumm as hath been often experienc'd is good for Gonorrhea's, the Berries which are like Juniper Berries, are of the same nature as Juniper Berries are, they boyl them in water and make Drink for their constant use of it. 344 FRUITS AND FISHES DESCRIBED. CHAP. The lime, the Lemmon and the Orange tree , ^J- Pomegranates, Gwavers, Fig trees too, 1669-1681. Whereof a pleasant kinde of drink they brew, With Mulberries likewise, but if I may Call it a Tree, the Pine (^) bears all away All taste of others in't you think upon Pears, apples, peaches, chen-ies, every one Appears in'ts taste : here grows the prickle Pear Whose inside of a scarlet colour are. Here's Roots as well as Trees, Potatoes good For Sustenance of man to make pure blood. And here Cassawder, to which, though its Juice Be poyson, (J) yet they now have a device To press and grate it. . . . Plenty of fish is. (n) Which the people store As Pilchards, Sinnets, Gruats and Salmon Peal With Rock fish. Forgoes, and the slippery eel And Mullets plentiful are in the Sound The water flowing to them undergroimd. Being most salt, and all (o) along the shore There are dark caves, of a miles length or more Extending under ground, in which there be Deep holes with water, though no one can see A passage for it in. . . . . . . Angel-fish by light They carry in their boats in darkest nights And Groopers too none of the meanest size Which salted, they do send for merchandize To the West Indian Island with their Beef, Which yeilds the inhabitants there much relief. Here in the time of year the mighty whale Appears upon the Coast, who with his Tayl Small boats can overset. . . . . The main. Land, being compassed round With four hundred small Islands, rather more Some one, some two miles distance from the shore. But behold the Ship Which for to fill our Seamen will not slip Any occasion. But with Cedars chest (i) Pine are much after the Figure of a Scotch Thistle, and in my minde taste most like a Peach or Mahgotoon; they grow in low marshy grounds. [This last ■word appears to be a corruption of Mala cotonia, quinces. — Ed.] (1) Ppysonrweed, a shrub which runs up Trees as the Ivy, and hath poysoned abundance of People, especially in wet, foggy, rainy weather, and poysoned some that hath onely lookt upon it, as many can testifie. («•) They have many more Fishes, such as Greyhound fish, Rainbow fish, An- ehoves, though I think not the right. Crab fish as big as lobsters : Oysters, wherin sometime they find small Pearl. (o) I believe the Island is hollow, for there is some holes that none can find the end of them some hot as a Stove upon the Northerly wdnd, as that near Tuc- ker's Town ; and that there is water in them may be proved : by the Cooper's Hole, the Devil's Hole, and a place near "Walsingham Bay which water, though a good distance from the Sea, is as briny and salt as it is. BENEFIT OF CLEEGY. 345 And Raven's foot Tobacco in them prest The ship's hold fills. . . . The ship now quite full, and a Western gale The anchors being up, now fills her sail When that the glorious raies of the bright Sun Through one sign of the Zodiack had not run The Pilot at the Boltsprit (o) and doth stand Giving from thence the strict word of command. CHAP. XV. 1669-1681. 47. At the Assizes 12*^ June 1671. (1) The Jury for our Soveraigne Lord the Kinge doe pre- sent Degoe a Molatto-man, now or late the Servant of M"^ John John Wilson of Pagets Tribe Plant', ffor that hee the said Degoe upon Saturday the Twentieth daie of Male, in the yeare of our Lord 1671, by force and Armes did enter upon the dwel- ling house of Capt Samuell Whalley of the aforesaid Tribe, Gentian. And then & there did break open the Chest of Daniell Eedon, Plant', And ffeloniously did take, steale, and beare away ffifty six shillings in Monie (som Spanish and som English Money) one Neok-Clothe of silke prized Seven Shillings Six pence, part of which aforesaid money the said Degoe hath re- delivered, being the goods & chattels of the aforesaid Daniell Eedon. All which is against the peace of our Soveraigne Lord the Kinge, his Crowne & dignity, And contrary to the forme of the Lawes & Statutes in that case made and provided. To which Indictment the said Degoe pleaded not Guilty, And put himselfe, upon God &, the Country, which being a Jury of 12 Sworne men. They found him Guilty of ffelony. And upon his craving the benefitt of his Clergy, and being able to read. Accord- ing to the answer of M' Samuell Smith Clericus, Hee was, by the Vote of the Court, made Coinon Execution'. (2) Ordered, that whatsoever psons are listed by the Cap- taines of the Trained Bands, betweene Sixteene and Sixtie yeares of age, that doe not appeare at every muster for the time to come. That the said Captaines do returne their names to the Sheriffe, he being Eequired and Impowred to demand & receive of each Absenter ffive shillings Sterl, or Tobacco to the like value. And uppon default of payment, to Seize to the value thereof, for Publicke uses, and to returne the Overplus, if any be ; and such persons as aforesaid as shall absent themselves at an Alarum for the time to come, are hereby Censured to pay ifortie Shillings to the Sheriffe according to order as aforesaid ; (a) Pilot stands at the Boltsprit, and because there is no Land-marks, and he cuns the ship in by the Rocks under water, lufBng for one and bearing up Jbr another, they usually chuse to pilot them in or out at the sun's rising or sotting, because then the sun hath the least reflexion. 346 ATTENDANCE AT PUBLIC WOESHIP. CHAP, and further to be Lyable to the mercy of the Captaine Grenerall • . for their so defaulting. 1669-1681. (^3^ Upon a Presentment of the Grrand Inquest against such persons as have absented themselves from the Churches upon the Sabbath daies, Ordered that Quakers, and all other persons as have bin absent ffowre Sabbath daies together before the Grrand Inquests Presentents shall paie unto the Church Wardens of the respective Tribes ffowre shillings to be levyed upon their the said Absenters Groods & Chattells for the use of the respec- tive Tribes, where such offenders do live. And the respective Counsellors or Constables to be assisting (as occasion shall re- quire) to the Church Wardens in their recovery of the p^'misses. (4) Upon a Presentment of the Grrand Inquest exhibited against the Inhabitants of the small Islands, touching the abuse of destroying Palmeto Treese thereupon, which Islands have bin appropriated by the Hono*'^ Company for the use of the Country in Grenerall, for want of which Treese, many Inhabitants have bin deprived of the leaves thereof (most useful for the Thatching of their houses) Ordered that the Counsellors of the Tribes next adiacent to the said Islands, for the time to come, doe give leave and Order to Inhabitants where and upon what Islands to cutt Leaves for their respective uses. And no other person. 48. We have next a communication from the Com- mittee appointed by the Company to endeavour to put a stop to the regular practice of smugghng, by which they were defrauded of their dues. Sir John Heydon We whose names are subscribed, being of the Company appointed by an especial order of the Honoble Somer Islands Company to search such ships as have touched at, or come from the said Islands for Tobaccos and other prohibited goods, not having Commission or License from the Company for transport thereof, and the same to seize and secure for the use of the Company. And there being arrived at this Port of London since January last, the Ship Orange Tree, Thomas Show Master ; the Arcaina Merchant, Nicho : Pepperell Commander ; the Eoyal Port Merchant John Webber Commander; and at Plymouth the Owner of Plymouth, — Ball Master which Masters and Commanders have signed bonds (as we are informed) ac- cording to a late Order of the Company, not to transport out of the said Islands any Tobacco, Cedar, and other prohibited goods. Debtors, Servants &", notwithstanding which there hath been shipped and transported aboard the said Ships, or most of them, EFFORTS TO SUPniESS SMUGGLIJS'G. 347 several considerable quantities of Tobacco and Cedar to the ^Sy^" great detriment of the Company and Plantation, the Tobacco • r^ — • so transported forestalling the market to the private gain of ifi^g-iesi. some one member or members, but to the general loss of all the rest, and this being done, when the Company have sent 2 Ships with their Commission to transport the Commodity ; and their Magazine Ship the Marigold being despatched away months before the usual time, which set sail out of the Downs 29'" November last. We therefore require you to send over those Bonds by the first opportunity, the Company being resolved to put them in suite and to recover the forfeitures having com- mitted the managing of that business solely unto us ; and thus expecting your speedy and exact performance (having sent you these lines by way of Barbadoes) Wee rest your very loving friends. John Chandler, James Janset, HUMPHEET MeVEEELL. London 20* April 1671. To our very loving friend Sir John Heydon, Depy : Grovr : Somer Islands. 49. At a General Quarter Court for the Soiner Islands Company held in Queen Street London on Wednesday the 12*'^ of July 1671. A Law making forfeit all such Goods and Commodities as are usually imported into the Soiner Islands in the Company's Magazine Ships in case the same be imported thither in any other Ships. Also for the seizure of Tobacco and Cedar sent aboard Ships to be transported without Licence. Whereas by his late Majesty King James his gracious Letters patent of Grant of the Sorrer Islands to the Governor and Com- pany of London for the Plantation of the said Islands bearing date the 29^" day of June in the 13'" year of his Majesty's reign, all and every person and persons whatsoever of what degree and condition soever he, they, or any of them be, are straightly charged and commanded, that none of them other than the said Company, their Successors, Assigns, Deputies, Servants, Factors, or their Assigns, or some of them, do at any time thereafter attempt, presume, or go about any manner of way directly or indirectly to transport any Moneys, Goods or Merchandize out of any his Majesty's Kingdoms into the Limits or boundaries of the said Soiiier Islands, or import out of the said Islands or any part thereof into any foreign parts or into any his Majesty's Kingdoms, upon pain of forfeiture of all such money goods and 348 THE COMPANY ASSERTS ITS EIGHTS. lb CHAP. Merchandize which shall be so imported or exported contrary to ^ ^^ • . the true meaning of the said Letters Patent, and of the Ships 1669-1681. and vessels wherein the same shall be transported or imported and to the use of the said Company their Successors and Assigns. And upon such further pains penalties and imprisonments as by the Laws and Statutes of this Eealm or by his Majesty's preroga- tive Eoyal may any way be inflicted or adjudged for their contempt in that behalf. And whereas by a late law made and enacted at a Quarter Court holden for the said Company 26' November 1628 Every man adventuring to the Soiiier Islands is required to lade all his goods on the London Ships set out by the said Company, and not in any other Ship or Ships but by Licence from the said Company. By which Law it is directed. That all the Tobaccos made in the Soiner Islands shall be laden aboard the Company's Ships and no other, and so brought to the Port of London. And whereas since that time the said Grovernor and Company have in pursuance of the said Letters patent and law once every year and oftener (for several years together) by their general Letters and orders sent to the Governor and Coun- cil in the said Islands, straightly charged and required the said Governor and Council not to permit any Tobaccos or Cedar to be transported out of the said Islands in other than the Com- pany's Ships, or such as should have their licence for so doing. Notwithstanding which many of the said commodities which are usually sent to the said Islands in the Company's ships for the supply of the Inhabitants of the said Islands by other strange Ships. And the Tobacco and Cedar of the growth of the place have been thence exported in such strange Ships to the great damage of the Trading merchants hereby forestalling their mar- kets both in the Islands and at London, to the defrauding of the King of his Customs, the Company of their duties, and to the discouragement of the Masters of the Company's Magazine Ships ; for prevention whereof. Be it enacted, that if any such Goods or Commodities as have been and are sent in the Com- pany's Magazine Ships for supply of the Inhabitants of the said Islands from and after Three Months time after Proclamation made hereof shall at any time be carried into the said Islands in any Ship or vessel other than such ships as have Commissions from this Company and shall be there unladen with intent to expose the same to sale. That all such goods or Commodities shall be forfeited to the Company and shall be seized and secured by the Sheriff of the said Islands for the time being, and upon sufficient proof made upon oath of witnesses or confession of the party to be taken before the Governor and Council of the Islands. That such goods and commodities have been so im- ported and judgment thereupon given by the said Governor and LENIENT TREATMENT OF A SLAVE. 349 Council. That the said Goods or Commodities are so forfeited '^xv'"' then such goods or commodities shall be disposed of by sale or -^--^ — - otherwise for the Benefit of the Company by order from the i«b9-i6**i- said G-overnor and Council, one third part of the proceeds of ■which said goods or commodities to be allowed to the said Sheriff for his better encouragement in the said service provided, that this act or any thing therein contained shall not extend to prohibit the importing into the said Islands of any kind of victualling or any commodity whatsoever that are of the growth of England, Jamaica or of the Islands of Barbadoes or any other the Carribee Islands. Provided also that this Act shall continue and be in force for two years next ensueing proclamation to be made thereof in the said Islands and no longer. And be it further enacted that if any Tobacco of the growth of the said Islands shall be laden aboard any Ship or vessel other than the Company's Ships, or if any Cedar shall be laden aboard any Ship or vessel other than the Company's Ships, or if any Cedar shall be laden aboard any Ship or vessel whatsover not having Licence from the Company for transport thereof : all such Tobacco and Cedar shall be forfeited to the use of the Company and seized by the Sheriff of the said Islands for the time being to be by him disposed of by sale or otherwise according to such instruc- tions as he shall receive from the Company from time to time in that behalf. And the Governor and Council in the said Islands are required immediately upon receipt of this law to cause the same to be proclaimed in all places usual throughout the SoSier Islands, to end all persons concerned may have notice. Thomas Mauten Secraty &°. 50. At a Councell Table 10*'^ August 1671. (1) Then Ordered, That Sambo the Negroe-man of M' William Basden of Warwick Tribe : ffor his stubborn Cariage in Warwick Tribe Church Yard towards Capt John Darrell, Coun- sellor of that Tribe, And for his drawing his knife, and frighting the Wife of Capt Darrell, bee for the aforesaid and other out- ragious Carriages, carryed to the Galloes, and there stand there- unto tied, some short tyme, and there Whipped with Eleven stripes upon the naked back : Which aforesaid punishment was inflicted upon the said Sambo the 12'" dale of August 1671. (2) Whereas Capt John Warwick Coiiiand'^ of the Prince ffrigott hath lately arrived by the order of M'' Edmond Custis of London Merch' and Partners, with Comission from his Eoyall Highness the Duke of Yorke, Lord High Admirall of all his Mai"*' Dominions in the West Indies, and more particularly in 350 THE COMPANY V. THE LORD HIGH ADMIRAL. CHAP. Bermudas, ffor recovering of Shipps, Vessells, Treasui-es, Gunns, , ^^- , Groods & Merchandizes as have bin or shall be sunk, lost or cast 1669-1681. away at, upon or neare the said Islands of Bermudas : fiforasmuch as the Groverno'^ & Councell are required by their Oaths to the Hono*'" Company of Adventurers for the Somer Islands at Ber- mudas to save and Secure all the said Companys Eights, Eoyalties, Privilidges and all other Interests wherein they are concerned. By vertue of the Lett" Patents of his Ma"^ Kinge James of blessed memory. Dated at Westminster the 23''* dale of Male, in the Seventeenth yeare of his said Ma"'^ reigne. Have thought it our Dutie to acquaint the aforesaid Capt John Warwickej before hee proceedes on this his undertakeing in Wreck-fishing, with theDemands& reservations of the said Hono*'* Company mentioned in their 133 Paragraphe in their printed Booke of Lawes. Leaving the said Capt John Warwicke to his libertye in recoveringe as aforesaid. Expecting his compliance with the Hono"* Companies said Order, here, or in England. 51. A Proclamation for a Publicke iFast to be held oa Wednesday the 5* of June 1671. By Sir John Heydon Knight & Governour. Whereas the Grand Inquest at the late Assizes haveing seriously considered the manie Sinnes Reigneing in these Islands, such as Sabbath breaking, heresies, seditions neglect & contempt of the sacred ordinances, uncleanness, drunkenness, Witchcraft, malise, false dealing, idlenes, theft, trespasses, hatred of learning both divine & humane, rude education of children, ffearing the present Judgments impending thereuppon, through blasting & unseasonable wether, the unwonted swarmes of wormes destroy- ing Come & other plants, threatninge ffamine & other calami- ties. Well knowing the best and usual meanes of Gods children, for the preventing & removing such sad visitations to be fifasting and Praier through the Intercession of Jesus Christ. Haveing made knowne their pious cares & desires to myselfe & Councell for a Genall and publicke day of Humiliation to be sett apart for those religious purposes. And that the few Ministers wee have, may be desired to bestow their labours in such Churches as may be thought most convenient. It is hereby Ordered and appointed with advice of the Council, That Wednesday the 5*"'' of June bee Sett apart a Dale for seeking of God by ffasting & praier. And for Churches for the severall Tribes be, Devenshire Tribe Church, Southamton & the Towne Church. All Ministers & People, as well strangers as Inhabitants are hereby required to observe the same, except such as attend the severall flforts and Castles for defence, and such as through age or weakness or other PROCLAMATION OP A PUBLIC FAST. 351 necessary occasions about Children or Cattle, cannot come, for- chap. bearing their ordinary Labours, and goeing to sea upon fishing ^ ^- or visitts. But wholy applying themselves to the worke of the i669-i68i. dale, joyning in Devotion and due attention. Not departing before the Ministers Blessing. Knowing that Grod will not be Moekt, But will be Avenged upon hypocriticall ffasts, whereas unfaighned teares with amendment of life are ordinary fore- runners of Grods Mercies upon our persons and imployments, as Holy Writt doth declare. Therefore all Church Wardens, Con- stables & other Officers are hereby streightly Charged & re- quired to give accompt to the severall Counsellors with their Tribes of all such persons as shall be anywise remiss or negligent in the observation hereof. Griven under my hand at S' Georges the 16'" dale of Male An" Dom: 1671. John Hetdon. 52. The orders and directions of the Company, given in several recent letters, were promulgated according to custom. The following parochial replies furnish remark- a,ble evidence of the feebleness of their authority, and of the independent spirit which a lapse of fifty -five years had sufficed to produce in their former tenants and ser- vants. At a Councell Table 4*^^ Dec' 1671. ( 1 ) The Answere of y' Inhabitants of Southampton Tribe, to severall Orders of the Company, sent to them by y' Hono'''' Sir John Heydon K' & Governor. 1 To the order concerning y® Tiu-tola Negroes, they know of none, nor what was paid for them, nor in whose hands they bee. 2'^ To y® Order concerning putting forth of Children of meane parents, The Tribe will take care Concerning them, ac- cording to the Lawe in such cases pvided. 3'^ As to the order concerning y* Inhabitants that are owners of land, and all others that have goods & Chattels to the value of Twentie pounds Sterl, doe provide and mainetaine their owne armes. The answer of y^ Tribe is. That if the Hono"'^ Company will release them of paying any Duties, then they will finde themselves Armes & ministers & all other things necessary. 4'^ And to the Order concerning the owners of Boates, giving bond for their Boate. The answer is they will give none. Dated the 20"" day of December in the yeare 1671. Henet Durham, 352 ANSWERS OF THE SEVERAL TRIBES. CHAP. (2) The answer of the Inhabitants of Warwick Tribe, to y^ severall orders of y° Hono"° Company. XV. 1669-1681 1'^ As to putting in Bonds for their Boates, Doe utterly denie to submitt to this order in giving in Bond, unlesse it be imposed upon them by an Act of Assembly. 2'^ The answere of all freeholders and persons of State, Judged to be worth £20 Steii, is, that when any such law or order is imposed on them by an Act of Assembly, or that the Hono"" part of y" Company will be pleased to take off y* pennie per lb dutie from our Tobacco, then wee shall bee free to finde ourselves Armes. 3'^ Diligent inquirie has bin made for Turtola Mgroes, And y^ answer of the Tribe is, that they know of no Nigroes brought from Turtola. 4"'' To the fourth: Answer is made by the Counsellor & Churchwardens to y* putting fourth of Children of meane parents, that soe soone as they shall finde any Children that their parence are not able to mainetaine, they will see them put out Accord- ing to y^ Statute in that case provided. Dated the 1 8'" dale of December 1671, John Wainweighte Counoellor (3) The answer of Devon Tribe. Sir, According to y'' Hono'"^ Companys Warrant, And your Honors Order, I have suiiioned our Tribe, and the result of their Answere is as foUoweth. I" As to the Hono"'^ Companies La we requiring us to finde ourselves armes, wee are very ffree, provided they will take off the pence wee paie them out of our Coinoditie. And we are not ffree to have any muster Master, but desire in that perticular to be left to our Comand"". 2'^ As to y^ giving in Bonds for our Boates, wee Judge our- selves free born subiects. And if wee offend his Maiesties Lawes in that perticular, let the goods be seized according to Lawe. 3'^ As to Turtola Negroes, Their is none in our Tribe will owne they have any. 4'^ As to that good Lawe of putting forth of Children of meane parents, Our Church Officers with what convenient speed that may be, will act according to his Maiesties Lawes provided. This is the result of our whole parish as witnesse my hand the 19' daie of December 1671. Jonathan Tubnee Councellor. ANSWERS OF THE TRIBES CONTINUED. 353 (4) The Answer of Pembrocke Tribes. chap. To the Eight Honoble Sir John Heydon K' and Grovernor. Sir, According to y"' Hono" Order I have suinoned y' Inha- bitants of Pembrocke Tribe together, & did reade your Honours Warrant vmto them, concerning y' Hono'"'" Companies orders wch they have sent in their Genrall Letter. And this is the result of y^ Inhabitants of the said Tribe as followeth. 1 "Whereas the Hono"'" Company does thinke fitt & order that all freeholders & all that are worth in goods & Chattells J20 Sterl, should finde themselves and maintaine them, To this wee answere, wee being freeholders some of us, & y° rest that are worth £20, are willing to finde ourselves Armes, provided the Hono'^'^ Company will take off those taxes and impositions wch they have laide upon us, wch is to say, (first the pennie wch wee paie to them for every pound of Tobaccoe wee transport to y'^ port of London, 2 To take off the Levie wch wee paie yearely wch is a great agreevance. 2'^ As to a Muster Master to be chosen, our answere to it is this, wee doe not conceive that there is any need of any, ffor y° Captaines Wch y^ Hono*"' Company have sett over us, are able to doe y' worke wch a Muster master is to doe. And if there be any fault in y° souldiers. That they doe not keep their Armes in repaire, they are as able to make them suffer as Muster Masters is, & wee doe conceive it will save many pounds of To- bacco in y' yeare. 3"' Whereas the Hono"'" Company does desire all Owners of Boates that they shall give in Bonds to the Government here, That their Boates shall not carry any Cedar, nor Tobacco to any Shipp but only y° Magazeene Shipp. To this wee answere, That wee are free born subiects & sume of us freeholders. And wee do not know any Law of his Maiesties, that does bind up any Subiect in any such bond, that a free subiect shall not make use of y^ growth of their owne land. 4'^ As to the Hono'"^ Companyes Law of putting forth y'= children of meane parents. To this wee answere, That y' law is good. And wee shall put it effectually in execution, and to that end I have given your Honours Warrant to y' Church- Wardeqs, And have given them a strickt charge to goe through the parish, and bring me word what children they can finde to be put out. S"" Whereas y"" Hone"'' Company does desire an accompt of y" Tortola Negroes, To this I answere, that I have made en- VOL. II. A A 1669-1681. 354 ANSWERS OF THE TRIBES CONTINUED. CHAP, quirie in all the parrish of most of y* Inhabitants, and I can ^_,_,_: . heare of none in y^ Tribe. 1G69-1681. This is y° result of the whole Tribe as witnesse my hand. Thomas Wood Councellor. December y« 18* 1671. (5) The Answer of Smiths Tribe the 20'" December 1671. Hono"'^ G-overno"". According to your Honours Order, I have suinoned the free- holders with y^ owners of Boates, and all that are esteamed to be worth Twentie Pound sterl. And have returned their Answeres to the Companyes orders as foUoweth. ffirst. To finde themselves armes, they doe utterly denie and say that if they had theire freedome to dispose of their Tobacco as they in other places have, Then they would gladly finde their owne armes. But in regard y* Company hath one penny out o f every pound of Tobacco, upon the very Accompt to defray all publicke Charges in this Island, which sume doth Amount to severall Hundreds of Pounds more than the charge of the Islands is, & upon this Consideration they doe all flatlie Denye to finde their owne armes. 2'^ To give Bonds for theire Boates they doe all refuse any such thing, ffor they say there never was any such president. Neither law for any such practice, & for their parts they will not show such ill example to their Children that shall survive them. S"" As for those that are suspected to have Turtola Negroes doe say that their Negroes are their owne, they have bought and paide for them, and will not give any Accompt how they came hj them. Neither what they gave for them, and doe further say that if any one hath better right to them then themselves, lett them recover them by a due tryall att Law, & to that they will submitt, y^ law being y^ Birthright of every subiect. 4"' As to Children of pore parence, myselfe with y® Church wardens will take all the diligent care that possible may be to dispose of such Children when wee have them, as y^ law doth provide in that perticular. Capt John Somersalls answere in relation to those two orders Armes & Boates : Is that if y^ Hono"'" Companye will demande noe more of mee, neither out of my estate, then what his Maiestie doth allow them in his gracious Letters Patten, hee will bee content And knowes it is his Dutie to obaye all y* Hono'"^ Companies Lawful! Lawes & Orders. Taken by me William Peniston Councellor of Smiths Tribe. ANSWERS OF THE TRIBES CONTINUED. 355 (6) The Answer of Sandys Tribe. chap. -A.V. To Sir John Heydon K' & Governor of the Sommer Islands. 1 669-1681 ' Wee the Inhabitants having considered your Honours War- rants to us directed and published in Saudis Tribe doe make this returne. 1 ffor putting in Securitie for our Boates, wee cannot, nor will not. 2'* fPoi* Tortola Negroes, wee know not any in y* whole Tribe. 3'^ ffor putting out of Children, Wee shall carefully effect it 4''' ffor finding our owne Armess Wee shall, provided y^ Hono"" Companie will take of their Imposition on Tobacco, and then pay our Ministers beside without troubling them. In the name of y^ whole Tribe, with their Unanimous Consent, Signed by Thomas Leycrayft. (7) The Answer of Pagets Tribe. The Inhabitants of Pagets Tribe doe denie to enter into Bonds, According Unto y^ Hono"'^ Companies Order, of Twenty pounds Sterl, that noe man that is y® owner of a Boate shall carry any prohibited Goods aboard any Shipp or Shipps, because the owner of y° Boate may lend his Boate to his Neybour or freinde, And y* partie so borrowing may carry prohibited Goods & so the owner be lyable to y° fforfeiture of his Bonds by vertue of that order, wch they conceive is against y* Lybertie of y^ subiects and therefore they cannot agree unto it, whilest not confirmed by Act of Assembly in these Islands. The reason given in Pagetts Tribe against y' Countrie findeing themselves with Armes is as followeth. That if y° Hono*'" Company Will remitt the Charge of one penie p'' pound upon their Tobaccoes, then they are willing to Complie with their Order, otherwise not, untill Confirmed by Act of Assembly in y° Islands. They doe unanimously Consent that poor people that have Children, and cannot finde them lawfull Imploy shall have them put out as Apprentices to be well educated & brought upp untill y' age of Twenty one yeares, according unto his Maiesties Lawes in yt Cause provided. They doe declare there is not any of them that have Any Negroes belonging unto any man in y* Island of Tortola to their knowledge. This was unanimously agreed unto by the Ihhabitants of Pagetts Tribe, as Testis John Eawlings Senio'. 356 ANSWERS OF THE TRIBES CONCLUDED. CHAP. (8) The Answer of Hamilton Tribe. 1669-1681.' To y» Hono"'^ Sir John Heydon K' & Governor. Honoured Sir Whereas severall orders, Lawes, & Iniiinctions sent from y" Hono"'* Companie in England, have by your Honours Comand bin published amoungst us & Warrants Issued forth for y^ due observation of them & every of them, & myselfe with y* rest of y'' Councellors of y* respective Tribes, required to make returne of y^ said Warrants under our severall hands at y= next Coun- cell Table. In order whereunto our Inhabitants of Hamilton Tribe, have bin by me Summoned, and have matt accordingly, upon enquirie made & debate had Concerning the premises. They have hereby made perticular Answer to the said Warrants as ffoloweth : wch they well hope by your Honours be Cordially resented. And ffirst. To yt : wch Conserns y^ Tortola Negroes wherein y° Hono''''' Companie seemeth to bee dissatisfied & Kequireth a more full & Compleat Accompt, I have for my owne part mad a strict Inquierie amoungst our Inhabitants. That are possessed of any Negroes, And their Answere is that to their knowledge they are not possessed of any such, nor of any other Negroe or Negroes, but such as they have lawfully purchased, and really bought and paid for, & that if any hearetofore hath had any such Negroes, they are dead for ought they know, & they can render to your Hono"" no further Accompt of them. 2'^ To that wch Inioynes y* owners of Boates to give in £20 Bond that their Boate or Boates shall not carry on board any Shipp or Shipps not sent by the Hono"'' Company : any Ser- vants, Debtors or prohibited goods, as specified more at large in the said Warrant, thereto they answer Negatively : As not apprehending the equity of such a Law, that inflicts so many penalties for such a Transgression, as y' fforfeiture of ig20 Bond, y" losse of y" Boate, & all such goods carried in them, & ffurther- more wch will follow thereupon, be made lyable to pay such Damage as any such Master or Credditor shall sustaine thereby : all wch penalties or most of them, may happen to be inflicted on any owner of Boate or Boates by letting or lending them to others, although they for their owne parts be neither Agent nor Accessary to any such errowe. 3"' To that wherein The Hono"'" Company doe think ffitt & therefore doe order, as agreeable to reason & Custome. That all the Inhabitants in these Islands having goods & Chatties to y* value of £20 Sterl doe finde & mainetaine their owne Armes. They answer thereunto, that if y^ said Hono'''" Company shall 1669-1681. AERANGKMKNTS FOE WHALE-FISHING. 357 likewise be pleased wholy to remit y^ Generall Levie wch is ^^v^" yearly exacted from them, wch they for their parts doe humbly conceive is as Just & reasonable, They shall willingly comply with their Honours therein, But for your Honour to appoint a JSIuster Master, to view all Armes, to punish defaulters, and to have for his service & paynes one pound of Tobacco per head yearly, of all persons finding & mainetayning their owne Armes, they answ : That under correction, they conceive it needlesse, for yt it is not to be Doubted, That they that are at the charge to iinde and provide themselves with good Armes, will likewise be as carefull to keep them fixt & serviceable, but if in case any shall be deficient therein, the Captaines of the severall bands can, and no doubt will as well for the future as formerly. Take a view of all Armes by their Officers at their severall Musters and themselves Inflict punishment where they shall finde good cause to doe itt. 4'^ To that wch Concernes y'' putting forth of y" Children of meane parents. They Answer that as farr forth as y° execution thereof is, or shall be found Consonant to y" Lawes of our Nation & Conducing to y° good of y* Inhabitants heare. They doe well approve thereof as a good and wholesome Law, & in order thereunto inquierye hath bin made by myselfe & y^ Church Officers of our Tribe, but att present wee finde not any Children amongst us, To be soe disposed of, as is further testified under their severall hands, at y' foot of your honors Warrant to us directed for that purpose. per me John Hubbakd. 53. Tlie joint stock company for whale-fishing was, as we have ah^eady seen, a separate concern, in which the Bermuda Company as such had no interest, although nearly all its members were personally mixed up in it. The following letter, dated 14 Febr. 167^-, occurs among loose papers : — (1) Gentlemen Praie to take notice that a Generall Board for the whale fishing in the Somer Islands als Bermuda held at Armorers Ha" Coleman street London in the 6th day of October last 1670, the grantees of the whale Fishing did then and there meet, and did order that euery person above named should paie or cause to be paid his p.portion of money assessed as above said vnto Sir John Heydon knight & Gouernor in the Somers Islands, or to one deputed by him, within the space of 14 dales next after the arrival of the ship Marygold in the Somers Islands Capt Samuel 358 ARRANGEMENTS FOR PROSECUTING CHAP. Pensax Comand. ■whereof Publication is to be made immediately . . after the arriual of the said Ship. Or to giue security for the 1669-16B1. due payent of the said respective sumes of monie And whoever that is named above said who doth not paie his money, or not cause it to be paid or not give security for the payment of it within the time aforesaid prefixed shall be for euer shut out of haueing any benifit or interest in the said aduenture of whale fishing. But whoever named above said doth paie or cause to be paid, or giueth security for his respective sume abovesaid assessed within the time aforesaid prefixed shall be admitted ffree into the copartnership againe, as well as any other person or psons that before hath or haue paid in their money The G-rantees have met again the 7 dale of Novemb. 1 670 and by the authority of a full Board doth signifie thus much unto you and haue vnderneath subscribed their names And it is desired by them that the Grou'^nor Sir John Haydon do give order to the Secretary in Somer Islands that he giue notice to all the psons aboue named of what is herein declared as soon as the ship Marygold doth airiue in the Somer Islands and so we subscribe ourselves Your very louing friends Nathaniel Smith Charles Pym Eobert Stevens Perient Trott John Wyse Nathan Letten Samuell Smith George Day ffebuarie the W^ 167f. (2) Proposalls from Mr Samuell Trott to the Honor^^S' John Heydon kn' & Gouernor and the rest of the Proprietors for the disigne of Whale fishing in the Somer Islands Innpis That Samuell Trott shall catch, manage, kill & manure all the Whales recovered this next season of whale fishing. The com- pany finding all materialls for the accomplishment of the said design (except victualls, wages, & Liquors.) 2'^ That M"" Samuell Trott in consideraoon of his extraor- dinary charge and expense may have halfe of the carkase oyle that is made, which vseth to be the oompanys part. S"" That by or before the last daie of maie yearly soe long as Mr Samuel! Trott shalbe entertained or imployed on this designe aforesaid That all the oyle or Whale bone shall be equally devided in the Islands abovesaid ; One halfe to the hono^'e companye, the other halfe to M"^ Samuel Trott or his order to transport or dispose of in any part of His Ma"™ Domin- ions where he pleaseth (except the carkas oyle before expressed being wholly by Agreement M'' Samuell Trotts.) THE WIIILU FISHERY. 359 4'^ That Samuell Trott should finde caske for his moety or chap. halfe part of oyle made & recouered. , ■^^- _^ 5tuiy rpi^g^ whatsoever Boats, warps, Harping Irons, Lances 16G9-1681. and other vntensills, fit for the killing and cutting vp of the Whales, that shalbe taken or killed this Season, that shalbe lost spoyled or destroyed, that one halfe of the charge or value be paid and made good by M"^ Samuell Trott Samuell Teott. Teste Henry Tuckee Secretarie. (3 ) Such persons as have Assented and subscribed to the proposall of M"" Samxiell Trott for the carrying on of the Designe of Whale fishing for this p'^sent season, haue made choyce of M"^ William Peaslie as Husband in bebalfe of the Borde and M'' Wentworth Husband in behalfe of M'' Samuell Trott These are therefore to authorize you M'^ William Peaslie, and M'' Hugh Wentworth, husbands, to vse your best industry and ingenuity in the management & carrying on the Designe of Whale fishinge for this p''sent Season for the best advantage of the Borde & M'^ Samuell Trott. Given under our hands this 14 dale of Ffebruarie 1670-1. Jn° Hetdon. Henry Tucker Seer. Richard Jenayns John Darrell Sen'' The El marke of W"' Eighton Sen" Eobert Dickeson W ill Eighton JutV'. (4) By the consent of S'' John Heydon and the rest of the subscribers and M"' John Bristowe Jun'^ are chosen harpaneeres for this present season for whom it is ordered that the fourth shallop be repaired and fitted and John Jones of S' Greorges be employed therevpon, according to a former agreement with M'' Richard Stafford when Husband. Grentlemen aduenturers in the whale fishing, present in the Grovernm* Hall at S^ Georges then giuing their votes concerning Propositions herevnto annexed exhibited and declared and in behalfe of the Generall Adventurers Resident both in England and in Somers Islands. Sir John Heydon and seven more. Assenting Capt" Thomas Eichards M'' Arthur Jones Dissenting. [Then follows a bond, dated 14 Feb. 167^, from Samuell Trott and two sureties, for the faithful perform- ance of his contract, and another bond from Sir John Heydon and John Darrell senior for the faithful per- formance of theirs. The rest of the fragment contains 1669-1681. 360 AGAINST WASTE OF CEDAR. CHAP, copies of orders dated 7 Nov. 1671, 11 Feb. 167^, and 31 July 1672, from the Grantees of the whale-fishing in London, for the delivery of their half of the proceeds of the whale-fishery, oil, whalebone, &c. to Captain Thomas Eichards, to be by him shipped to the Port of London, and authorising him to sue any person who might refuse to deliver it.] 54. At a General Court for the Somer Islands Company held at the accuvStomed place in Queen Street London on Tuesday the 19*'' September 1671. (1) Whereas inforination hath been given to this Court of the great prejudice wrought to this Company and the Plantation of the Somer Islands by the felling of young Cedar trees, of 6 : or 8 : Inches over which were used for some hundred of Boxes for the packing of oranges which were lately transported in strange Ships, and for the use of stiangers (vizt) in the ship Orange Tree whereof Thomas Shaw was Master, in the Accaine Merchant, whereof Capt Nicholas Pepperell was Commander and in the Port Eoyal whereof Capt John Webber was Commander, for prevention whereof this Court do think fit and order tliat if any person or persons shall from and after the publication hereof fell or cut down any Cedar, tree or trees, standing, growing, or being on the said Islands under the proportion of 8 inches in thickness (unless the Governor and Council in the said Islands upon very good and necessary cause to them shown shall think fit to the contrary) shall forfeit to the use of the Company the sum of forty .shillings for every tree so felled, or cut down, to be levied by the Sheriff of the said Islands by distress and sale of the goods and chattels of the party so offending, and if any person or persons shall from and after the publication hereof ship or consign any boxes, chests, or casks of Cedar, to any person whatsoever not being a member of the said Company every such person or persons shall forfeit all such boxes, chests, or casks of Cedar and double the value thereof, to be levied in like manner by the Sheriff of the said Islands by the distress and sale of the goods and chattels of the party so offending. And if any member of the Company here shall be found colour- ing of any such boxes, chests or casks of cedar, for anv stranger, or person not free of the Company, every such member to be liable to such fine as the Company here shall think fit to impose for the same. And whereas by the ill building of Tobacco houses ranging straight 80 or 100 foot in length such houses are therefore more subject to be overthrown by winds and Tempests ANGER OF THE COMPANY "WITH HEYDON. 361 to the wasting of the Timber of the said Islands by the repair chap. thereof. This Court do further think fit and order. That from . ^J' . and after the publication hereof all Tobacco houses to be 1669-I6«i. thenceforth erected in the Soiner Islands, be built with corners or points crosswise the better to strengthen, and defend the same against winds and tempests. And that the Grovernor and Council in the said Islands, do recommend the same to the next general Assembly, who are to consider of the convenience or in- convenience thereof and render an account to the Company of their pleadings thereupon by the first opportunity. And for preserving of poles which are used in the making of Tobacco which (as information is given) for want of pilling, and the bark taken off, become subject to decay in a short time. It is further ordered. That if any person or persons in the said Islands shall make use of any poles for the curing of their Tobaccos hut what shall be pilled and made fit and serviceable as aforesaid, and shall be otherwise found by the Constable or officer of any of the Tribes in the said Islands, every such ofBcer shall forfeit the sum of Twenty shillings for every such offence to be levied by the Sheriff of the said Islands by distress and sale of the goods and chattels of the party so offending. And the Governor and Council in the said Islands are upon receipt of this order to cause the same to be publicly proclaimed in the said Islands to ,the end all persons concerned may take notice thereof. Thos Marten, Secrary to the said Company. (2) At the same Court licence was granted to Sir Gilbert Gerard to import three tons of cedar wood, and to M"" William Webb to import five tons, by the ship ' Marigold ' on her return. 55. Extracts from a General Letter to Sir John Heydon dated London 20*'' September 1671. (1 ) Whereas you write you have observed our Order of the 2P' February 166-g- touching Shipmasters giving Bond as by the said Order is appointed, as far as in reason and conscience you can. We must tell you, that we judge that expret>sion of yours very wrong and improper as if you thereby charged us with sending unto you unconscionable and unreasonable commands. And we shall take into our consideration to prevent the like expressions in future. And we do strictly require you to put the Order in execution, and to ha\e care, no such imperfect bonds be in that behalf taken, as were the late Bonds entered 362 PLANTING CF the SUGAR CANE DISCOURAGED. CHAP, into Thos : Shaw, Capt Nicholas Pepperell, and Capt John • . Webber, copies whereof have been transmitted unto us. And 1669-1681. that for the future when any Bonds are to be taken as in the said Order is directed, that the Originals and not the Copies, be forthwith sent over unto us ; the same being first registered in the Secretary's office with you, and that the witnesses to such Bonds do before the Governor or any of the Council formally make oath of the sealing and delivery of such bonds, and that their depositions be drawn up in writing and attested under the public Seal of the Islands. And we do in like manner require the same course be observed by you in sending to us all original bonds heretofore taken in the case aforesaid. (2) As to our Order of the 19"' October last limiting the proportion of Chests to be shipped aboard the Magazine Ships that they exceed not 1000 weight we give you to understand that the same hath been observed in the main, but not wholly. And we do require you the Governor and Council to take care that the said Order be punctually observed for the future. (3) We are not satisfied with what is written by you the Governor and Council touching the Tobacco transported in Bredcakes Ship, it plainly appearing by oath and othei wise that there were at least 10000 of Tobacco transported. And we therefore require you the Governor and Council to render unto us a fuller account of the quantities of the Tobacco's transported as aforesaid, and that you return the sam^ by this ship. And touching the information making relation thereof we refer you to what is contained in the large Commission sent over the last shipping to seize M'' Trotts goods and lands in the Islands. (4) We have compared the benefit that may arise by making of Sugar with that of planting Tobacco, and what duties may be levied on either Commodity and finding that of sugar in no pro- portion to answer that of planting Tobacco. We do not think fit to give any encouragement to the planting of Sugar Canes, as being and may like to prove very prejudicial to the welfare of the Company and Islands. (5) The Laws and Orders herewith sent you we require to be Proclaimed and strictly observed viz : A Law making forfeit all such goods and Commodities that are usually imported into the Somer Islands in the Company's Ships, in case the same be im- ported thither in any other Ships : also for the seizure of Tobacco and Cedar sent aboard Ships to be transported without licence. A Law for preventing the making up of evil and unmerchandiz- able Tobacco. An Order against felling young Cedars and for preserving of the Timber of the Somer Islands. PUNISHMENT OF THE DUCKING STOOL. 363 (6) We have chosen and appointed Officers for the Somer chap. Islands as foUoweth ' - For Governor and Captain General, We have continued Sir 1669-I68i. John Heydon Knight, for and during the Company's pleasure. For Sheriff we have continued Jennor. For Secretary, We have chosen Cornelius White to whom we have sent our Commission. (Signed) Ashley, Gouerno'. 56. Memorandum Januarie the B'^ daie 167^. That y® daie & yeare above written Eoger Axson y* Sonne of Jacob Axson CDeceased) being about Twelve yeares of age, hath before Sir John Heydon K' & Governor, chosen Lieft : Edward Chaplin to be his Guardian. [This choice the boy re- newed in September following.] 57. At a Councell Table 1=' ffebruarie 167i Upon a Complaint exhibited by M"^ Anthony Jenour Sheriffe, That Mary Rivers y^ wife of Miles Rivers did Abuse him with her tongue in y® execution of his office. Requiring a line alloted to be paid by y* Governo'^ & Councell, for the Sin of ffornication committed before marriage. Ordered that Miles Rivers y* Husband of y" aforesaid Mary Rivers his wife, either pay for y" Charge of y* Duckingstoole, or else his wife be Ducked when the stoole is erected, and y° stoole to be erected at such convenient place as y' Councellor of Saudis Tribe sees fitt, & the time for its erecting shall be by y° 25'" of March next ensuing. Thomas Lecrayft dissenting, desired so to be recorded. 58. At the Assizes 27"^ May 1672. ( 1 ) Upon a question propounded whether M'' William Mil- burne may goe on as he doth in reading and explaining y* word of God. The Secretaries Judgement is, that he may goe on as he doth, seing y* Company doth toUerate y" like practise upon Record: in y' want of Ministers, when they first appointed readers in these Islands (with him 5 members). Y° Governo*' That if he would read y^ Scriptures & pray & reade other mens werkes, he might be continued Reader, otherwise to be dis- missed & another able man chosen, to officiate as reader (with him 6 members). ........ (2) Memorandum. That M"" William Righton & M'' Richard Stafford have agreed by Consent to putt in their agreements 364 WAE WITH HOLLAND. CHAP. Concerning y" causes of difference depending betweene them, in XV. writing Sealed up, in y° office, and that upon y" first day in July 1669-1681. next they shall breake them open & in case they doe not Con- clude & fully end y* matter of Controversy then they shall be burned and never come in Barr. (3) Upon the Grand Inquests presentment o^ Thomas Caresie of Southamton Tribe ffor letting a house to a ffree Negroe woman, Called or knowne by y° name of Ann force, ordered that y' afore- said Ann force fiforthwith putt her selfe an Apprentice to some one man or other by y" 15'^" day of this Instant June, or else to depart y^ Island. And in case y" said Thomas Caresie shall enter- taine the aforesaid Ann force. After the aforementioned time upon any other Conditions then aforesaid, y^ aforesaid Caresie shall pay forty shillings. (4) Upon v" presentment of A Negroe woman called Black Gate. Ordered that the aforesaid Negroe doe forthwith put herselfe Apprentice to some one man or other, or else depart y' Island. Ordered that free Negroes becom forthwith Appren- tices, or depart the Island. 59. At a Court Marshall held at Capt Philip Leas House in Pagets Tribe, Sir John Heydon K* & Governo'' & Capt Generall, M'' Anthony Jenour Sherrife, Capt Godheard Asser, Capt Charles Whetenhall, Capt Eichard Wolrich & y" severall Captaines & Lieftenants & Ensignes of y° Trained Bands of these Islands then & there present, Except Ensigne Sherlocke, Held the 12*^^ day of June 1672.1 (1) Capt John Hubbard, Capt Greorge Hubbard, Capt ffrancis Tucker, M"^ Richard Stafford, Lieft William Peniston, Capt Phillip Lea Chosen to view the Castle & fforts. As also to Judge whether y" great Gunn that lies at Coopers Island be fitter to lye where it doth, or else removed to another place where it may be more convenient, and to make their Eeport unto y' Governo' & Councell. The aforementioned persons to meet on Munday next at Capt John Hubbards house by seven a Clock in y° morning, ffor y" affecting the Aforementioned worke. ( 2) Capt John Rawlings, Lieft Edward Chaplin, Capt Chris- topher Burrowes, Lieft William Burch, Lieft John Rivers, Ensigne Englesbee chosen to view, where y^ most daingerous places are & to order brest works, According to their discretion ' War with Holland -was declared March 17, 1672, and lasted to Feb. 1674. MEASURES OF PEECAUTIOX TAKEN. 365 and is left to their Discretion, if their be any great Grunn, near Capt Hunts, that may be recovered & is serviceable, where to place it, And are ordered to meet upon y° same account a 1669-I68i. Thursday next come sennet by eight a clock in y" morning at Capt Hunts house : And to make there report to y* Governor & Councell. The Information of Lieft John Elvers to y" Councell of Warr. That upon y' comeing of Dickinsons Vessell to Eoade before his door : there was three Guns fired in y° night Season, & he went over upon the sound thereof, to raise an Allarme : But when he came over to y" Shoare, hee could finde noe powder : As also doth Informe, there was a Barrell of Powder, & but one exercise with it, yet is all gone. Upon which Information Ordered that Capt Dickinson appeare at next Councell Table to give Accompt what is become of it In case he cannot give satisfaction to y" Sheriffe in his passing through y' Islands. Other Orders & Conclusions at y^ same Councell of Warr are contained in y^ jBfoUowing Proclamation. (8) A Proclamation Issued forth by Sir John Heydon K' & Governor & Captaine Generall of these Islailds. To prevent all disorders that may happen upon any sodaine Allarme, either by forreigne fforces, or Intestine Mutanies. These are in his Majesties Name to Charge and Coiiiand all the Military Officers whatsoever of these Islands, That they observe & keepe all such orders as were Concluded and agreed upon at a Councell of Warr in Pagets Tribe, held at Capt Philip Leas house y° 12'" day of June 1672, wch are as followeth. 1. That upon an Allarme y^ Eespective Captaines of each Company doe make Choise of 1 6 or 20 men that are unarmed to send them to y° Towne for y" defence thereof. And upon y" approaching of an enimie, for y^ assaulting of these Islands, one Company doe retire to y° other for their better aid and assistance. 2. It is unanimously Concluded that whereever an enimie approaches to land, that y® Company of that division, shall oppose them by force of Armes to the uttermost of their powers, after what manner or forme y* Coiiiander doth think best, and when any aid shall come, that y^ Comander of such aid doe leade on & Comand their owne Companie till further order from their Generall. 3. It is further Agreed & Concluded upon, that noe boate or Boates shall goe out to any Ship or vessell upon any pretence whatsoever. But y" Pilate only and his Gang. And whatsoever boate shall be at sea shall repaire to the Shoare & not stay out, nor goe aboard upon any pretence whatsoever. 366 THE NEGKOBS TO BE ARMED. CHAP '^' ^* ^^ further Concluded & Agreed upon whatsoever per- XV. son hath any Armes or Amunition of his owne, & refuse to 1669-1681. serve with them in person, That y* Comander of that Division shall seize and take away such Armes & Amunition from them soe refuseing, And Arme whom he pleaseth with them & force y' person that was y' owner of such Armes and Amunition to serve with y° Companies insteed of their owne. Moreover it is Concluded that y° powder & shott that shall be delivered to the Eespective Companies, by their respective Cofnanders, every soldier that shall be found wasting or Imbesseling y° same shall bee Tryed by a Councell of Warr, as also every such soldier that hath bullets Delivered to him that are not equall with y° bore of his Musquett or other armes whatsoever doe imediately after y° Keception of such Bullets make them sutable & fitt for the use & service Aforementioned. Likewise it is Concluded that all defective Armes be forthwith amended. And that all per- sons that have horses doe traine them up to the sound of Drums & Guns & y*" sight of fireings, that soe they may be y" more serviceable for y° use of the Country in time of Danger. And that some Skillfull & knowne Eiders be Constantly exerciseing them as opportunity shall present. 5. It is further Agreed & Concluded upon, that all Mas- ters of families in these Islands shall upon Allarme, bring or send unto y' respective Eendevous their Negroe men or boys that are 14 yeares of age & upwards, with what weapons they think meet, as Lances & axes or y^ like, then and there to waite y* Comanders Order, and for such persons as refuse so to doe to forfeit five hundred pounde of good Tobaccoe to be paid towards y° makeing & repairing of ffortifications, & to submitt to such further punishment as the Grenerall & his Councell of Officers shall think meet. And that all negroes shall yield obedience to their Eespective Comanders upon paine of Death. 6. It is further agreed & Concluded upon, that if any of y® Captaines of these Islands shall Issue out any Warrants for y° punishing of offenders : That if any officers under them shall refuse to execute any such Warrants, or any souldiers in assisting him that every officer so refusing shall forfeit five hundred pounds of Tobaccoe as aforesaid, or suffer 3 weekes imprisonment. And every souldier disobeying his Coiiiander, or any officer under him, shall forfeite and pay 300 lbs. of Tobaccoe as aforesaid or suffer 3 weekes imprisonment. 7. It is further ordered & agreed upon, that if any persons shall Combine & agree together to disobey their Coiiianders, or to raise any Mutanies by word or Action, that all such soe offending shall be forthwith sent to the Groale A. PAPIST EXAMINED. 367 prisoners in order to be tryed by a Councell of Warr, or accord- chap. ing to Marshall Law, . ^ ^- . 8. Every Comander that shall neglect the putting these 1669-1681. aforementioned orders in execution shall be fined & pay to y* Cap' Generall for publique uses Ten pounds sterl. These are therefore in his Ma"^° name strictly to charge & Coiiiand all his Mai""^ good and Loving Subiects to give all due & Reddy obedience unto their severall Coniandeis upon all occasions, upon paine of being punished according to y" Lawes and disciplin of Warr. Given under my hand at S'. Greorges y^ 15'" day of June 1672. Together with the publique iSeale of these Islands hereunto affixed. J. Heydon. 60. At the Assizes 18*" December 1672. ■ •••««• (1) Upon examination of Elizabeth Clarke, whether ye said Clarke were a Roman Catholique, she owned that she was one when she came into y° Islands, but sence she had bin at Cap' John Somersalls, being acquainted with y^ Scriptures: wch had bin kept from her, now shee was of y' Church of England. Upon wch Confession it was Ordered that y" said Elizabeth Clarke might for a triall of y^ truth of what she had Confessed, returne to ye place from whence she came provided that after y" expiration of three weekes from y^ date hereof (being y'^ IS"" December 1672) y" said Elizabeth Clarke doe take the oathes of Allegiance and Supremacie & goe to Church, wch aforesaid Oathes the two next Justices of y* peace are to Administer unto y° said Clarke, then upon her taking y" same, y' said Clarke is to continue in y** Islands, but upon Refusall of going to Church and taking y'' oaths aforesaid, then to be sent to Barbadoes from whence she came. (2) Ordered by y'' Governor and Maior part of y"* Councell that whosoever shall bring in M' Will™ Carons Negroe of Southampton Tribe, named Black Jack, whether Englishman or Negroe, within fifteene days after the publication hereof, shall have Twenty shillings from M'' Caron for their bringing in the aforesaid Black Jack, either to y° Master of y° said Negroe, or to the Justice of y^ place where he shall be taken, and in case the said Black Jack shall not come in of his owne accord, or be taken by y° aforesaid time. Then it shall be lawfull for any man to Shoot y* said Negroe ; the Hono'"^ Sir John Heydon K' and Governor and Cornelius White Secretary Descenting from y* last clause of Shooting y* Negroe. 368 EEINSTATEMEXT OF EEV. S. BOND. ^^^P- (3) Upon an Action of Eiectione depending between .-7'-' M' William Eighton Sen^ Pit, and M-- Eichard Stafford and 1669-1681. Sarah his wife Def'% y^ Plain : excepted against y* whole Array of y" Jury, because y^ Sherrife that had impanelled them, was in affinity with some of y° Jury, to wch exception M"^ Anthony Jenour Sherrife said, that by y° booke of Orders no person was to impannell a Jury in y^ Soiner Islands but y° Sheriffe. Whereupon it was put to y® Court, Whether y" men Impan- neled were a sufficient Juiy to try the matter in hand. The result whereof by y* Court was, that they were, and therefore to proceede. The Def : pleaded y° Jurisdiction of y^ Court, and thereupon offered an Order from the Hono*'' Company dated y° last of January 1667, wch said Order inioyneth executions to be granted y° aforesaid Stafford Def: for two verdicts of 40* Sterl each verdict, unlesse the appellants suffer y" said Stafford to enjoy y° lands according to y* Award and settlement in y* aforesaid Order mentioned. • «••••« (4) Upon y^ Grand Inquest presenting William White of Hamilton Tribe (Quaker) for his unseamly and uncivil taxing M"' Edwards Minister, to bee a hireling and a deceiver of y^ people ; fined by y^ maior part of y* Court to pay fforty shillings for his said offence. 61. Extract from a Letter from the Company dated 18 June 1672. (1) Whereas by Order of A Generall Court holden for this Company y^ 14"" of October 1670 for y° severall reasons therein alledged, M"^ Sampson Bond Minister in y" Summer Islands was to be forthwith dismissed the said Summer Islands, and the Governor and Couneell there to take care to see y* same per- formed accordingly. And that upon y^ humble petition of the said M' Bond presented to this Company 29"" last, setting forthe the proceedings had against him the said M"' Bond in y* Islands upon his dismission from thence in pursuance of the said Order, and craveing consideration of his case, and that his answer might bee received. And y" Court understand how undeservedly he hath bin dismissed the said Islands. The said Petition was referred to y^ Consideracon of y' Grand Committee to heare all persons and y* said Complaint. And whereas many dayes had loin spent by y' said Coinitte in examination of y^ perticular charges contained in the said order of dismission together with y= contents of y* said peticon, and hearing y° defences made by M" Bond to y* said charges. And that y' said Committee had read unto them all such Informacons, Letters and proofes as THE COMPANY RESTORES BOND. 360 have bin brought against M"^ Bond to make good the said chap. Charges. And haveing perused as well severall Certificates . .,_: . from severall perticular persons in the Islands, as also a Clause 1669-1081. in y" request of y° Generall Assembly, subscribed by y' then Governor and Councell . . June 1669, on y" behalfe of y* said M"' Bond, and the character therein given of him, Attested by Anthony Jenour Clerke of y® Assembly, The said Com- mittee were of opinion, That M"' Bond hath cleared himselfe, and ought to be discharged from all the Charges in y° said Order of dismission as are preceded to y" said request of y" Governor, Councell and Assembly. And as unto y° other charge, in y' said Order Comprised, That y° said M"" Bond had been an Instrument lately to present y* Governor upon y® Bench for some Proclamations made and issued out touching liberty to be granted to Negroes imbracing y° Christian faith. And that thereupon he the said M'' Bond came into open Court, and owned his contrivance of, and avowed y" said presentment, and further did alledge. That y" breeding up of such children in y^ Christian Eeligion makes them stubborne. The said Com- mittee are satisfied by y® severall Evidences read unto them, that y^ Negroes taking occasion from the Proclamation set forth by y® Governor, touching there liberty, but besides y^ intent thereof, may Comitt many Insolvencies against there Masters and Mistresses, was a necessary ground for presenting the paper Entituled A Publick Greivance to the Grand Inquest, but withall y* said paper was presented only by M'' John Stowe, and ' subscribed with his name . . . And that M' Bond was not y® Author of y° said presentment, or did owne it in y^ Court as he is Charged to have done. Soe as upon y" whole matter, and upon Consideracon of the Petitions of every of y' Tribes in y* said Islands, (which stand likewise referred to this Committee) making it their request to y* Company to have y" said M' Bond restored unto them. The said Committee doe humbly Conceive, that it would tend much to y" satisfaction, peace and Comfort of y" Inhabitants of y' said Islands, That M"" Bond be returned to his Charge in the said Islands by the next shipp, and be restored to y° meane profitts belonging to him as Minister in . y* Islands since his said dis- mission, as if the same had never been.' This Court doth approve of y° said Eeport, and doth Order and Confirme the same accordingly. ' It was probably on his return from England on this occasion, England being then at war with the States-General of Holland, that Bond was taken prisoner in the Bay of Biscay by a Dutch privateer, and carried to a port called ' the Groine ' in the King of Spain's dominions, where he obtained confirmation of the ancient traditions respecting Spanish treasure buried in Bermuda. (See W. Frith Williams's Historical Account, 1848, p. 313.) VOL. 11. BB 370 THE COMPANY'S UNBASIXESS. CHAP. (2) Also it was moved that M"^ Bond have some allowance , ^^' . for his Charges in this his defence, also the Com-t doe leave him 1669-1681. at liberty to take Cource at Law against such as have done him this wrong. Also that it be examined who are y" Authors that occasioned the sending for him over. And thereupon ordered, That it be referred to a Select Comittee to consider off M'. Bonds Charge of that his defence uiider y® Limitacon of y' Law now read Arte 98. And the Courte nominated M'' Day, M'' Browning, Alderman Chandler, M"^ Trear, M"" ffolgatt, Capt. Jenkins, M' Samuell Smith, and M"^ Doulson, or any five of them, to be a Coiiiittee in that behalfe, and to meet for that purpose at y® Court house on ffryday next at two of y^ Clock in y° aftemoone with power to adioume &". To y" same Comitte also it is referred to examine who were the Authors that oc- casioned the sending for over of M'' Bond, and they to re- port touching both perticulars to y® Court. Ordered at a Grenerall Court, that the above-said order be sent in the Companies box, with their general Letter to y« Grovernor and Councell in the said Islands. 18 June 1672 W". Minces Secretary 62. Extracts from a Letter from the Company without date ; probably written September 1672. (1) Wee cannot but with great greife of heart represent unto you our deepe resentment of y^ present sad condicon both of the Company & Colony of y« Somer Islands, necessity calling upon us to call upon you seriously to lay to heart, what wee shall now lay before you ; And if their be any sence yet remaineing in you of the glory of God, the honour of his Ma"'* of selfe preservation, the security and prosperity of y" Islands, or regard unto us whome Grod and the King have intrusted with y® Grovem- ment thereof; that you would now at last take timely warning (if at last it be timely enough) and joyne hands and hearts with us, both to redress present, and to prevent growing evills, not to say utter ruine, for y^ future. Wee have for many yeares laboured at the oare, nott seeking ourselves, or our owne particular profitt, but your good & welfare, but all our indeavours have hitherto bin frustrated, while our authority by some ill meaning men hath bin contemned and openly derided, our just Laws and Coinands sleighted and disobeyed, and our advice and Councells reiected. You well know that the Ancient and equal way of raiseing monies (without which neither Amunicon can bee provided for y° safety of y° Islands, nor officers and Ministers maintained) hath bin by laying an Imposicon on Tobaccoes, the only Comoditie the Country hath hitherto produced, and wherein wee have imposed noe more upon THEIR TOBACCO ONLY SALEABLE IN WALES. 37 1 them then upon our selves. And you likewise know how many chap. fraudulent wayes and artifices have bin used by some per- . J' . sons, not only to avoid the payment thereof themselves, Iti69-i68i. and thereby defraude y° Company, but to discourage and deterr others from paying the same. But which is yet a farr greater and more fatall mischeife if that your Tobaccoes are now fallen to be littell or nothing worth, that they cannot well beare y° Imposicon of a necessary duty, for as things now stand, his Ma"°* Customes, the freight and the Companies dutys, and other charges, are as much if not more then the Tobaccoe will yeild to sell if wee had it for nothing. The principall reasons whereof and peculiar to the Tobaccoe of the growth of that Island (to say nothing of y° vast quantities of Tobaccoes made at Virginia and other Plantations) Wee take (amoungst others) to be theis following reasons, first the over great quantities made in your Islands, soe as the Merchant that supplyes you with goods, and takes for them tobaccoe att a price must necessarily loose all he gives for y° Tobaccoe and moore, the consequence whereof wee leave for you to Judge, being above double as much as this kingdome can vent, and being a sort of Tobaccoe not soe generally vendible in any place as other Tobaccoes are, but only in Wales and in some few other places. ' Secondly, The makeing upp of bad, and the bad and false makeing of good Tobaccoe, which hath brought so generall a disesteeme upon y" Comoditie, that here it lies, and scarce anybody enquires about itt, and those that doe, offer not more for itt then only the charges upon it with- out the first cost of the Tobaccoe. Thirdly. The transporting by stealth and otherwise a great part of y" Tobacco in other then the Magazeene ships, by w"*" meanes the Kings Maiestie being defrauded of his Customes and y'' Company of their duties, the owners of such Tobaccoes can soe undersell their Tobaccoes that it utterly spoiles y° markett of all the rest, all w"" mischeifes as the Company have long sence by their vigilent prudence foreseene and feared, so have they used their utmost endeavours to prevent it by many wholesome lawes by them from tyme to tyme for that purpose made and published. But what doe wee or our lawes signifie, or in truth his Ma"" authority under w""' and by virtue whereof wee governe, while wee have to doe with a people refractory and averse to theire owne good. And those that govern under us doe not execute but dispute, or at least dispense with our lawes. ' I . . . from tube as black As winter chimney, or well polished jet, ^ Exhale Mundungus, ill perfuming scent, Not blacker tube, or of a shorter size, Smokes Cambro-Briton. The Splendid SMl'mg. S. PhiUips, 1703. I) E 2 372 A NEW JOINT-STOCK PROPOSED. CHAP. Nor are wee unsencible that y* bad and disorderly makeing of ^ ^^- Tobacco both for quantitie and qualitie hath bin in greats 1669-1681. measure occasioned by supplying the said Islands with necessary commodities by severall members of y" Company and others tradeing upon severall and divided interests, while for want of mutuall correspondence each with the other, they not only over- glutt the markett there with goods, But to reimburse them- selves againe, and each one to enlarge his owne trade, have bin willing and content to receive from the Inhabitants all y* Tobaccoe they could, without respect had either to y* quantity or qualitie thereof, whence hath proceeded both y" extra- ordinary quantitie and badnesse of Tobaccoe. To remedy all which mischeifes and to obviate (if possible) y° utter impoverishing of y° plantacon which must necessaryly ensue (if not timely prevented), wee are driven (with phisitians in desperate cases to their last refuge) to take up our resolution, and accordingly wee are resolved, And att a Court held for the Company at Sadlers Hall in London on thursday the eleventh day of this instant July, have ordered that from hence- forth the said Islands shall be from time to time supplyed by y° Company in a Joynt Stock and Trade with all com- modities they shall stand in need of at reasonable rates, in the management whereof wee shall take care that y^ Country shall not be abused or imposed upon by our factors to pay greater rates for commodities then wee shall set upon them by our Invoice from hence, soe wee shall expect that noe Tobaccoe shall be delivered to, or received by our ffactors, or in truth otherwise exposed for sale, but shall be made upp & ap- proved of according to our lawes in that behalfe, which wee shall strictly require to be duly put in execution, and in order to y° carrying on of y* Joynt trade, wee have likewise agreed and ordered, that a Joynt Stock whereof ffower thousand pounds ster' shall be raised by y' Company by severall payments, wherein wee doe not intend to exclude such inhabitants in y' Islands as have bin actually admitted Members of the Company. But if they will they shall and may come in for a reasonable proportion in y* said Joynt Stock and Trade. Which said designe Wee judge will be very gratefully received and redily closed with by y Country, and as that which proceedes meerely from our love to th em and our care & desire of their welfare. Especially if you and they duely consider. That it is y"' likely (if not the onely) way to bring y^ Commodity of y° Country into creditt againe, and to provide that y* Country bee not exacted upon, but sup- plyed with necessaryes att reazonable prizes. Uppon this head wee have y' more inlarged because indeed as wee conceive, it tends the very being of y^ plantacon, other- PREPARATIONS /FOR WAR. 373 wise wee should have premised what foUoweth, tending to the CHAP, furthering thereof. , J' . [Then follow cautions against Atheism, Profaneness, Drunk- I669-1681. enness and other prevailing vices, as the bane of the plantation ; exhortations to the observance of wholesome laws, and instruc- tions to Sir John Heydon to convene a General Assembly to con- sider thereof. The Letter proceeds : — ] Wee doe with all earnest- nes coinand and requii-e your vtmost care, vigilance, and dili- gence in order to y° safety and preseruation of the s* Islands, as att all times, soe now especially in this time of warr by putting the same into a present posture of defence, setting the Militia, and causing all men inhabiting y° sd Islands, aboue y^ age of sixteene yeares, and vnder ye age of sixty, to be inlisted trayned, and to be ready vpon publicke seruice vpon any emergent occa- sion, and whereas wee are giuen to understand that when a Dutchman was lately att y" Island sounding about the same (as wee doubt to the great endangering thereof) there was a plan discouered formerly vnknowne by w"'' a shipp of 100 tonn burthen may come into the Islands, w"" at present is naked of any defence, Wee doe likewise command that you take the same presently into your serious consideracon, and that you cause some fforte, blockhouse or other sufiBcient defense to be raised and made there at y^ charge of y° Inhabitants, for secur- ing y" said place against dainger, and that, as well as all other fforts bee circumspectly looked into, and all things therein and therevnto respectiuely belonging, kept in a readinesse and euery Captaine and Officer held to his duty. Such is his Majesty's resentment as well of the consequence as danger of that Island, that he hath bin pleased for our encouragement to contribute armes and Ammunition for the said defence, and accordingly expects yo"^ vtmost care therein, as wee also doe.' Signed Shaftesbuet Gt. Will Webb, Dep. 63. The transaction following is one in which we have the advantage of liearing both sides, the historian . of the Quakers having thought it worth relating at some length : — ' The arms are specified in an earlier part of the letter, viz. : — 125 miisketts with firelocks, 5 ewt of Muskett Shott in Bullets, 20 BarreUa of powder, 3 cwt of Musquett Shott, 2 cwt of Carbine shott, 1 cwt of PistoU shott, 130 of y" highest of y* Demy Culuering Shott, and . Minion Shott, 60 Sacre shott, 20 of each size of cross barr shott. There is added an order for all freeholders and others, worth :£20, to provide and maintain their own arms. 374 FANATICAL PROCEED INGS OF QUAKERS. CHAP At a Council Table held 3 Febuary 167f . XV. 1669-1681. Q-) rpjjg Grovemor propounded the occation of this meeting to arise from a disturbance of M'' .Edwards Minister, in the time & afterwards, of his preaching at Devonshire Tribes Church, on y" SO*"" day of January 167f, being a day of Public Humiliation, sett apart by Authority for y^ Humbling our Souls before y* Lord by fFasting & prayer, wch disturbance was occasioned by Elizabeth Carter, William White & Pamell Wilkinson, Quakers, as likewise some other disorders. After wch proposall of the Grovernor, M'' John Bristowe Provost Marshall was sent to ffech William White out of prison into y* Court to answere y^ Charge against him of disturbing y^ Minister & confronting Authority, unto wch he pleaded not Gruilty of what y* Mittimus saith, that he came on purpose to disturbe y" Minister, or to confront Authority. And thereupon desired it might be made good against him. Whereupon Evi- dences were called, wch are as followeth. The Attestation of Thomas Surges who sworne saith. That he was going to Brackish Pond Church on the fast day of y® morning, and he saw Elizabeth Carter and M" Wilkinson and M'' Eighton Junr come downe from William Smiths house, M' Eighton went before, & the two women followed after, and after y* women, went William White from ye house and overtook the others, and then went in Company with the other a little way & talked with them and afterwards left them and so went straight to Church, and further saith not. The marke of Thomas S Bueges. M"^ Henry Moore Councellor Demanded of William White whether he did not know that the woman came in on purpose to disturbe y* Minister. He answered that she came to tell y® Minister wherein he said Amiss. The Attestation of John Gilbert, sworne saith That upon y° fast day, being y" SO'" January 1672. That William White standing in y* Alley of the Church, he Joged y° said William White with his stick and spake to him to sitt downe, but hee did not accept itt, and coining downe to Towne, I, y® said Deponant asked him why he would not accept of my offer, his Eeason was, that hee would not Joyne with us in our worship, and farther saith William White stood in j" Alley of y" Church in y° time of M'' Edwards praying & preaching, with his hat on. John Gilbeet. CHARGES AGAINST THE QUAKERS. 375 The Attestation of Laurence Dill sworne saith, that upon y* chap. said fast day aforenaentioned, William White was at Brakish- ^^' . pond Church, And he saw the said William White stand with I669-I68I. his hatt on. And when he was at Neybour Joneses house, I, this Deponant said to William White, that the Apostle did not allow that to be a handsom behaviour, to stand with a mans hatt on in y^ time of praying or prophesying. The said William White replyed, y° prayers of y^ wicked are Abomination to the Lord. Lattkence Dill. After these Evidences William White AUeadged that y^ Mittimus was not proved against him that he came on purpose to disturbe y* Minister, or to confront Authority, and therefore desired that he might be Eeleased. Upon wch it was put to y® Court, whether William White were reached by y^ Mittimus, or not. Fom* were found to vote in the negative, but the majority of nine, evading this question, decided that he was guilty of a breach of the peace. Question whether y" said William White shall be fined for his disturbance in y° Church. A fine of £3 is inflicted, Corne- lius White the Secretary, and probably a relative, being the only one to oppose it. Question, Whether William White shall be fined for stand- ing with his hatt on, in contempt of y° Court. A fine of 15s. is inflicted by a majority of 11 to 2, Cornelius White and Henry Dm'ham being the minority. (2) Parnell Wilkinson being examined concerning her being at Brakish pond Church, upon y' ffast day being y" 30* of January 1672, Did call God to Witnesse that she came not to Contemn Authority or to disturbe, but stood peaceably. And withall presented a paper -f Contents whereof is as foUoweth.. To the Grovemor and his Councell ffreinds, forasmuch as it did please the Lord to put it into y° hearts of some of his people (called Quakers) to goe to your Meeting place in Devonshire Tribe, on y* last ffiffeh day, being ye 30th ye jyj; called January 1672, wher many people was mett together, and seing it is Charged on us according to oiu' Mitimus that it was on purpose, and to contemn Authority, which thing wee doe deny as y" doing it as in Contempt, Neither doe wee know it is y° breach of any Law of y° land, to come & to stand peaceably in your meeting Place duering ye time of your service as wee two did (vizt) Will White and Parnell Wilkinson, speaking not one word y' time that wee was therein. 376 PARNELL WILKINSON'S DEFENCE. CHAP, and wee hearing that a proclamation is given forth for y* • ■ Amercing of such as come not to church, and if wee do come 1669-1681. (though wee speake not a word) we are Imprisoned, as in y' case of us two aforesaid, this appeares to straiten us, And as for our other friend namely Eliz. Carter, who was therein all y'' same time, wee say she spake but little, at web none need to be offen- ded, for where a Teacher is out or mistaken as itt was so with him att y" time, why should any offence be taken to heare him directed into y° truth again, and according to y° order of y" Church in y' primitive times, there was a liberty granted, that if any thing had bene revealed to another y' : stood by, y° first should hold his peace : as y' Apostle saith you may all prophesie, one by one, and y^ spirits of y° prophets were subiect to j" prophets, and this amongst the apostles was not counted disorder, nor y* Ministers of Christ was not disturbed, nor ye Churches peace was not broken, nor tumults made, as you may read in y* Scriptures of truth, and although this was y* good order of y° Church of Christ in y° Apostles dayes, yet I was denied that liberty, y' was amoungst them ; and Contrary to it, and y" saints practises, was hailed out of the meeting and abused (whereby Christs word was fulfilled') as a Malefactor, and cotnitted close prisoner, soe these things wee desire you will Conscientablely consider & judge off on our behalfe, for we doe declare ourselves to be Innocent from wronging or abusing any mans person, by us whose names are hereunto subscribed William White Paknell Wilkinson Elizabeth Caetek. After y" reading y° above written copie, M'' Anthony Jenour Sherrife, said unto Parnell Wilkinson, that if she would say as in y^ presence of Grod, that she came to y° meeting in obedience to y^ proclamation, there should be an end of this controversie, to wch she replyed, why should she say so, but she came not in contempt of Authority. Whereupon it was put to y" Court whether Parnell Wilkinson was ffineable for her transgression, and decided that she should be fined forty shillings. The sheriff however mercifully pleading that although she was guilty of the breach of the peace, yet being poor, her acknowledgement might be accepted. William White & ParneU Wilkinson from this time of y* Courts sitting, being the 3'''* of ffebruary 1(572, released out of prison, paying y° Marshalls ffees. (3) Elizabeth Carter being brought before y® Court for that she did, on y° fast day, being y" 30* day of January 1672, Dis- ' Here is a marginal reference to Jolin xvi. 2. : 'They shall put you out of the synagogues.' FINES AND PENALTIES. 377 turbe the Minister M'' Edwards, both in y' time and afterwards chap. of his preaching att Devonshire Tribes Church, she justifying . ^J' . what she did, pretending it to be noe cause of disturbance, as y° 1669-I68i. aforementioned paper doth Signifie, She was sent out of y° Court againe, being told she should be sent out of y'' Islands, Question propounded by y" Groverno'^ to the Court, Whether that Elizabeth Carter or Ann Butler shall be sent away out of the Islands, Sir John Heydon the Grovernor with the majority decided that they both should go away in y'* first opportunity. M'' Wainwright voted that Elizabeth Carter should be bound to her behaviour. The Secretary, M"^ Durham, M' Lecrayft, and M"" Peniston voted that Elizabeth Carter that offered y' Dis- turbance, should goe y" ffirst opportunity out of the Island. (4) William Kighton Junior of Pagetts Tribe, Summoned before y" Court and accused for saying unto John Gilbert, Your Worshipp is abominable, who had bin joyned with y" rest of y° Congregation in y^ ffast days services at Devonshire Tribe Church where y° Minister M'' Edwards had bin praying & preaching. The Attestation of John Gilbert taken before y^ Court, who being sworne, saith that I John Gilbert on y^ fast day being busily imployed about y* carrying away of Elizabeth Carter frora Brakish Pond Church yard to Neybour Joneses, William Eighton Jun"' standing in y° yard by and talking in their behalfes, I did Cofnand y^ said William Eighton in his Ma"*^ Name to ayd and assist mee, but hee did not, and y" said William Eighton said unto me, this Deponent, that your worshipp is abominable, and that I this Deponent had done y" worst dayes work that ever I did in my life. John Gilbert. After some debate of y* matter, it was put to y^ Court, Whether William Eighton Jun'' were fineable for his Trans- gression. Whereupon he was fined Three pounds for his re- proaching y'' Worshipp of God and refuseing to performe y" duty of his office. The aforesaid William Eighton appearing in Court with his hatt on, and keeping it on, tho spoken to about it. It was put to y* Court by y" Governor, Whether y® said Eighton should be fined for his Contempt of y* Court, and decided by a majority that he should be fined fifteen shillings. Ordered by y" Maior part, that y'' ffines when Levied by ye Sherrife, is by y' Sherrife to be laid out in defraying y Charge of Elizabeth Carter & Ann Butler, for their Transporta- tion 85 Imprisonment, and to pay y" Charge of those persons that brought the three persons to prison. (5) Capt John Hubbard ffined Ten shillings for his going 1-1681. 378 bisse's relation of the occueeence. away from y^ Councell before y° Court brake up, without His Honors Leave. In all the foregoing divisions or votes, the secretary, Cornelius White, took the indulgent side, his supporters being, Durham, Leacrafb and Wainwright. The rest of the Council, Heydon not being an exception, were for fines and penalties. (6) Bisse's narrative supplies many particulars of pri- vate sufiering, and does not exaggerate or misrepresent the occurrence : — We shall next relate the various Sufferings of Elizabeth Carter, an Inhabitant of Barbadoes, who coming from hence to Bermudas to visit her Friends there was several Times banished. The first Offence taken against her was on the following Occasion, viz She the said Elizabeth Carter being under a religious Concern of Mind to utter some Christian Exhortation to the People, went to their publick Place of Worship in Devonshire Tribe, on a Day appointed by the Grovemour for a Publick Fast, where the Preacher, one Edwards, in his Discourse concerning Mordecai and Haman, so far mistook his Subject, as to tell his Auditory that Mordecai was hanged, upon which the said Elizabeth told him that it was Haman, after which she stood still till his Sermon was done, and then began to speak to the People. Upon which the Priest cried out. Are there no Officers here ! Then they dragged her away with much Violence, so that they had almost deprived her of Breath, having brought her before the Magistrates, they sent her to Prison, together with Parnel Wilkinson and William White, who having a Sense of her religious Concern, accompanied her. After five Days they were brought into court, when the Govemour told her. She had broken the King's Law, and must be banished. She asked. Whether that was the Punishment the King had ordered for Breach of that Law, The Sheriff answered. It was the Com- pany's Order She should be banished, because she was a Quaker. She asked them. How did they distinguish a Quaker I The Grovemour then ordered a Paper to be read, which had been sent to him, subscribed in the name of some called Quakers, whence he inferred that the Subscribers were such, and so with- out farther Proof proceeded to Banishment, and made an Order for transporting Elizabeth Carter and Anne Butler to New Providence. A Copy of his Warrant was as follows, viz. 1669-1681. TWO FEMALE QUAKERS BANISHED. 379 'By the Grovernour chap. XV. ' To David Ming, Master of the Ketch Francis. 'These are to authorize you to receive on board your ahovesaid Ketch, Elizabeth Carter and Anne Butler, foreign Quakers, and tjiem transport to your intended Port New-Provi- penoe, and them permit not to return to this Island again, upon the Penalty of one Hundred Pounds Sterling, according to the Compa.ny's Order : And for your so doing this shall be your Warrant. Given under my hand at St, George's, this 17'" of February 1672. 'John Hetden.' The other two Prisoners, William White and Parnel Wilkin- son were fined, the former £3, and the latter 40', for which Fines the Sheriflf broke open a Chest of White's, and took away Goods to the Value of £9, and took also from Wilkinson Goods worth 20'- The Court also fined one William Eighton £3 10/. for standing in their Place of Worship with his Hat on, and took from him Cattle to the Value of £6 7/. 64. A Proclamation Issued forth by Sir John Heydon K', Governor & Capt : Generall of these Islands -3^ May 1673. To prevent all disorders that may happen upon any sodaine AUarme, either by fforreigne fforces or intestine Mutanies. These are in his Mai"'' Name to charge & coinand all y° Military officers whatsoever of these Islands, That they observe and keep all such orders as were Concluded & agreed upon at a CounceU of Warr in Pagets Tribe held at Cap' John Hubbards house the ffirst day of May 1673, are as foUoweth. Impr. That upon an AUarme y° Eespective Captaines of each Company doe make choise of 16 or 20 men that are unarmed to send them to y° towne, for y° defence thereof. And upon y' approaching of an enimie for the assaulting of these Islands, one Company doe retire to y° other for their better aid & Assistance. 2 It is unanimously concluded that wherever an enimy approaches to land, the Company of that Division shall oppose them by force of Armes to y^ uttermost of their powers. After what manner or forme y° Coinander doth thinke fitt. And when any aid doth come, that y** Coinander of such aid, doe Lead on & Coinand their own Company till further order from their Generall. 3 It is farther agreed & concluded upon. That whatsoever person hath any Drumes, Armes or Amunition of Jhis owne, and refuseth to serve with them in person. That y" Coinander of that Division shall seize & take away such Drumes, Armes & 380 GALLANT PREPABATIONS FOR DEPENCE. CHAP. Amunition from y° person soe refuseing, and Arme whom . /• . hee pleaseth with them, and force y° person that was y° owner 1669-1681. of such Armes or Amunition to serve with y Companies insteade of their owne, Moreover it is Concluded that y" powder & shott that hath bin or shall be delivered to the respective Com- manders : every souldier that shall be found Wasffing, or imbes- selling y* same shall be tryed by a Councill of Warr, as also every Soldier that hath Bullets delivered to him, that are not equall with y° Bore of his Musquett, or other Armes whatsoever, doe immediately after y° Eeception thereof make them sutable & fitt for y° use Aforementioned. Likewise it is concluded that all defective Armes be forthwith amended, and that all persons that have Horses doe train them up to j" sound of Drums & Gruns & y^ sight of fireings, that soe they may bee y° more serviceable for y° use of y° Country in time of Dainger, And that some skillfull & knowne Eiders, bee Constantly exerciseing them as opportunitie shall present. 4"' It is further agreed & concluded upon, that all Masters of ffamilyes in these Islands shall upon AUarme, bring or send unto y° respective Eendevous their Negroe men or boyes that are 14 yeares of Age & upwards, with what weapons they think meet as Lances or Axes or y^ like, then & there to waite y" Comanders Order, and for such persons as refuse soe to doe to forfeit fifive hundred pounds of good Tobacco, to be paid to- wards y" makeing & repaireing of ffortifications, and to submitt to such further punishment as y* Grenerall & his Councill of officers shall thinke meet, and that all Negroes shall yeild obedience to their respective Coinanders upon paine of Death. 5'^ It is further agreed & concluded upon : That if any of y° Captaines of these Islands shall issue out Warrants for y^ punishing of offenders. That if any officer under them shall refuse to execute any such Warrants, or any souldiers in assist- ing him, That every officer soe refuseing shall forfeite five hun- dred pounds of Tobacco as aforesaid or suffer three weeks Im- prisonment, and every souldier disobeying his Coinander or any officer under him, shall forfeite & pay three hundred pounds of Tobacco as aforesaid or suffer 3 weekes Imprisonment. 6"" It is further agreed & concluded upon that if any persons shall combine & agree together to disobey their Comanders, or to raise any Mutanies by Word or Action, That all such soe offending shall be forthwith sent to y° Goale prisoners in order to be Tryed by a Councell of Warr or according to Marshall Law. 7'^ It is further agreed & concluded upon, That at y« shoot- ing of a great Grun or a little Gun before sun Eising, or after Sun Setting shall make an AUarme through j" Islands, and this order to continue while further Order from y' Grenerall. PENALTIES FOR NEGLIGENCE. 381 8'^ It is further agreed & concluded upon, That all y' chap. Comission officers of y® Militia in y° Islands that have not taken . -^^- . y^ Oathes of Allegiance & Supremacie, shall at y® next Councell 1669-I68i. Table appeare to take y"= same before j" Governor & Councill, and likewise it is ordered that it be recommended to y* Coun- cellors to Administer y® said Oathes to every one of their Kespec- tive parishes that hath not taken it alreddy that is of 16 yeares of age or upwards, and y° names of such to be returned to y* office, that are at this time sworne. 9'^ It is further agreed & concluded upon, That upon sight of a Shipp ib y* West of these Islands, none presume to goe aboard for Intelligence, but such as shall be sent out by y° Councellor or Capt, and that neither of them tollerate Negroes or Indians to be of y* Grang, as likewise that y® Councellor or Capt upon Intelligence had, shall forthwith send y° said Intelli- gence to y" Generall. And that whosoever shall presume to goe aboard any Vessell whatsoever, but such as shall have Lycence, as is before expressed, shall for their default, be sent forthwith to y® Generall to receive such punishment as his Honor pleases. 10'^ It is further agreed & concluded upon, that two men evei-y night bee upon y' standing watch through y" Islands, and y' motion of y° said Watch left to y° Discretion of y° Comand- ers, and y® addition of men for the strengthening y° same. ll^y It is further agreed & concluded upon, That every Souldier for his better reddinesse to oppose an enimie, doe fitt himselfe with Carthrages ffitted to his Musquitt or Carbine, And that the Comanders take care that every man that is want- ing of a Caduce [Cartridge ?] Box in their severall Companies, be forthwith provided with y* same, the charge thereof being to be borne by the publique. 12'y It is further agreed & concluded upon, that y" Sherrife provide paper roll, or Hambroe, or some other thing equivalent to make Carthrages for y" great Guns at the fforts & Castle. Every Cofinander that shall neglect the putting these afore- mentioned Orders in Execution shall be fined & pay to y^ Capt : Generall for publique uses Ten pounds Sterl. These are therefore in his Mai"^° Name, strictly to Charge & Comand all his Mai*'"' good and Loving Subiects to give all due & reddy obedience unto their severall Comanders upon all occasions, upon paine of being punished according to y" Lawes & Disci plin of Warr. Given under my hand at S' Georges the S''* day of May 1673, Together with y* publique Seale of these Islands hereunto affixed. J. Hbtdon. 1669-1681. 382 THE ASSEMBLY OP 1673. CHAP. 65. The General Assembly convened at St. George's, 11 August, 1673, 'To consider such things as may tend to the Wellbeing of the Islands and also to present and if by any means possible to remedy such agreivances as doe require speedy redres,' in forwarding the annual abstract of their legislation, enter at great length into their grievances. The document is most irregular in form ; grievances and enacting clauses being mixed up without any distinction, even by numbering the latter. It may be thus condensed : — (1) The Companys proposal for a Joint Stock in their last Greneral Letter, is denounced as in no way tending to the well being of the Islands. The failure of the previous joint stock undertaking for whale fishing is a sufficient Beacon of warning. The Freeholders and inhabitants claim freedom to trade as they please, and view with suspicion the pretended love of the Com- pany. (2) They, the representative body of the Islands, after due and careful consideration & inquiry, repudiate charges, they will not say of atheism, but of prophaneness, drunkenness, un- cleanness and other licentious courses of life.' ' We cannot but conclude y* the terming of us as irreligious, and irrationall pro- phane and refractory, and y^ hopeful issues of our Bodies which are dearer to us than our lives, we mean the youth of our country, opprobriously nicknamed Spawns and young ffry, is no less than a machiavellian designe of some interested persons to wrap us in a Bears skin and with y* Dogs of cruelty to devour us.' 2 (3) If such false calumniations were true, the neglect to send and to maintain ministers would be enough to account for it. (4) The Company exacts One third part of their CoEaodity yet still cries out Debt ! and will render no account. (5) A Short Act renewing and enforcing the former acts against Vice and immorality is appended endorsed, as are several of the others, Put to the vote and past. (6) A recital of the loss incurred by the late and irregular ' Colonial Papers, vol. xxxiii. 2 The language which gave such offence occurs in the letter of Septemher 1672 (p. 370) : — ' Nor can wee without dread contemplate what the next succeeding age and generacon is like to be in y" Islands, while -f epawne and young fry wee meane y" youth of y" country (the pledges of your future hopes) are generally by the poorer sort of people their parents, nusled (nursed ?) vp in idlenesse.' .... VARIOUS ENACTMENTS, 1673. 383 arrival of the Magazine ship, and praying that it may be dis- chap. patched not later than August or September. An enactment . ^J- ,, against any trafSc in the years tobacco before the lO*'^ Novem- 1669-I68i. ber. (7) A denunciation of the extorsions practised by factors. (8) An Act to permit free trade in the previous years To- bacco, if no magazine Ship arrives by March lO*' (9) Insists that as the Court and Assistants in London pre- tend to receive complaints against the planters, and exercise Authority, they should take the Oaths of ofiSce provided for them. (10) An Act that All Grovernors and Officers of the Com- pany shall be liable to any action or actions -which may be or ought to be commenced against them. Excepting however the Governor during his term of office. (11) Makes it Obligatory to all factors to receive Eents before the 26* November. The object is that any imavoidable loss by the deterioration or drying of the Tobacco may be at their risk, not the tenants. (12) Recites the hardship of the Companys prohibition of the export of Oranges Potatoes and the like in Cedar boxes and casks, and enacts that all produce except Tobacco, may be so exported. (13) Against trespassing and making unlawful paths across other mens grounds. (14) A penalty of ^10 against those who facilitate robbery and running away of slaves by leaving Sails and oars in their boats. (15) Against the stripping public lands of Timber and fire wood by commanders of the magazine ships. (16) ' Whereas severall psons in these Islands y' are of sufii- cient ability to serve his Ma"^ y^ Company and country, yet pleading tendernes of concience are unwilling to obey the civill magistrate in temporal things ' proceeds to enact that such per- sons (Quakers) shall pay a substitute. (17) Provides for the payment of the necessary charges of persons chosen as assembly men or Jurors, the same to be levied according to every mans visible estate, y' soe there may be no oppression of the poor. (1 8 ) Complains of the high port charges as deterring ships from coming in, and enacts that they shall pay no port charges save Pilotage and the ToUage for Water, and Wharfage. QQ) Specifies at length the defects and wants of the Works of Defense : at a time when 'his sacred Majesty our dread sove- reign is engaged in a bloody war against the estates of the united Provinces,' and enacts that any goods of the Company in 384 THE ASSEMBLY FORMALLY DISSOLVED. 1673-1683. P^'^P- the hands of M'^ Anthony Jenour, Sheriff, shall be laid out by hira to meet the expenses of necessary repairs, for which it is affirmed that the Proprietors are responsible by law. (20) Vessels not to be obliged to take Pilots. (21) The sheriff complaining that he has but 3^ instead of 4 shares of land. Ordered that some competent surveyor be employed to lay out a full 100 acres for him. (22) Subjects persons who go on board ships within 7 days after their arrival for any purposes of Trading beyond a value of £10, to penalties as regrators, forestallers, and ingrossers. (23) The rents and profits of gleabe lands, where there is no minister, to go to defray Public charges Their timber to be protected. (24) All mulcts, fines, penalties, forfeitures, all goods coiiiodities Eents and arrearages above the value of 5s sterling, to be disposed of by the Grovemor and Council for public ser- vices The sheriff to render an account. The Act is limited to the term of Sir John Heydon's Office. 66. The Assembly having concluded this business, adjourned until the 14th October, when it proposed to meet again at Paget's Tribe Church. An arrangement so unconstitutional, necessarily incurred the opposition of the Governor, who forthwith dissolved it. Upon y° 23'^ day of August 1673 After yf signeing of y" Acts & proceedings of y^ Assembly, together with some small Conferences, The Assembly haveing desired to adiourne them- selves to another time: The Hono"" Sir John Heydon K' & Governor of Somer Islands, did in the Kings Ma"*^Name dissolve y' Assembly in these words. By y° power committed to me, I doe in the King's Majesty's name dissolve this present Assembly, and by the power thereof be it dissolved. Grod save the King. The policy pursued by the Crown between 1629 and 1640, notwithstanding all the teaching of subsequent events, now furnished a fatal precedent to the Bermuda Company, which will be traced in the next chapter. No General Assembly was convened again until 1683. ?85 1673-1683. CHAPTEE XVI. CONTINUATION OF THE GOVERNMENT OP SIR JOHN HBYDON, 1673 TO 1683. ACTIVE AGITATION AGAINST THE BERMUDA COMPANY. 1. There appears to have never been a time in the chap. history of the Plantation in which the complaints of the ^3-3^ inhabitants against the Bermuda Company were not many and bitter. The petition addressed to the Lord Protector in 1657 {ante, p. 104) was but the first of a series of ap- peals to the State for the removal of oppressive imposts or of restrictions upon trade, or for a larger measure of self-government. Accompanying the votes of the Assembly in the last chapter were two petitions, dated August 11, 1673 ; one addressed to the Eight Hon. Anthony Earl of Shaftesbury, the Governor, the other to the King, repre- senting the defenceless state of the island and imploring, in urgent terms, that their grievances might be inquired into.^ No notice was taken of them beyond the adminis- tration of a severe rebuke, and they only came to Hght in 1679. The deterioration of the Company itself, no less than the progress of the age in ideas of civil liberty, suffi- ciently accounts for the impossibility of maintaining an obsolete authority, although the suicidal policy of the little chque of traders into whose hands it had fallen is not so easily explained. Among the Instructions to Coun- cil, and miscellaneous papers, preserved in the Eecord Office, is one without date, which explains very concisely the nature of the change which had come over it : — At the first incorporating of the Eermuda Companie they were 156 of the nobility gentry and merchants, all resident in ' Colonial Papers, vol. xxxiii. VOL. 11. C C 386 EOYAL LETTER, 1673. CHAP, and about London, who were then owners of all the lands in , -^^^- . those Islands, and the planters either their Servants 9r Ten- 1673-1683. nants at half Proffit, and were all sent hither at the company's charge. The Company have now alienated so much of their land that this pretended Company have not one twentieth part of the Islands, nor are they a suflBcient number to make a Company as is directed by the Charter, being reduced to about 20 persons in all, whereas the constitution of the Court requires 30. The present Company are but purchasers of their land and inte- rest in the said Islands, and have very few of them above one share apiece. And many of them but sham purchasers to make voters, and to keepe vp the meare Eumpe of a Companie who oppresse and ruin the Plantations. 2. The byways as well as the highways of Court in- fluence were trodden to reach the goal, and the following letter from the King, which was afterwards revoked (p. 410), must have been obtained through the former : — To our trusty and Well beloved the Governor, Governors, Com- pany and Council of and in the Somer Islands for the time being, and every of them 17 Aug 1673. CHARLES R. Trusty and well beloved. We greet you well. Whereas our Royal Grandfather James of blessed memory, in the thirteenth year of his reign did grant a Patent unto several Earls, Lords and Gentlemen named in the said Patent, and did incorporate them by the name of the Governor and Company of the City of London for the Plantation of the Summer Islands. In which Patent among other things therein contained they had power granted them, and were enjoyned to send Ship or Ships and aU manner of Goods and Merchandize to supply the said Islands with all things necessary, and to bring from thence all sorts of Commodities of the growth of the said Islands to our dominions ; now for the space of these forty years last past it appeareth unto us by good testimony, that the said Company hath not sent any Commodities to the said Islands in a Joint stock, to supply the Inhabitants there withal, but that they have been for above these forty years supplied by particular members of the said Company only. And that our well beloved subject Perient Trott an ancient member of the said Company for the space of above Thirty years last past hath yearly supplied the said Islands with all sorts of Commodities. Therefore to the end he may for time to come be the better encouraged in his said trade to and ROYAL LICENCE TO P. TEOTT. 387 from the said Islands ; and he humbly representing unto us that CHAV. to his great loss and prejudice he hath been several times denied . •^y'^"_. the shipping of his goods and merchandizes of the growth of the 1673-1683. said place and Islands on Ships putting in there, although such ships have been duly qualified by Acts of Parliament to go to and from the said Islands to this our Eealme. We taking the premises into our Princely Consideration and the good and ac- ceptable service so from time to time done by the said Perient Trott unto those our Plantations, and the hard measure he hath met with in the Eequital of the same ; are graciously pleased to signify our will and pleasure is that from henceforth you permit and suffer the said Perient Trott, his factors or agents for such time as he shall continue a member of the said Company, to Export and Import any Goods and Merchandizes in any Ship or Ships whatsoever, to and from the said Islands for this our kingdom, without any Let, hindrance or molestation whatsoever, such Ship or ships being duly qualified as aforesaid ; and such goods and Merchandizes not being prohibited to be so exported and imported by any Act or Acts of Parliament for the time being. And herein We expect your ready compliance for the future redress and ease of our said good subject. And so bid you farewell. Given at our Court at Windsor this 17'" day of August 1673 in the 26'" year of our reign. By his Majestys Command Aklinqton. A letter to the same effect was addressed direct to Sir J. Heydon, October 24, the receipt of which caused much perplexity to that worthy official, as will be seen further on (p. 394). 3. At a CounceU Table 11*" November 1673. Upon y° debate of a difference betweene Capt Thomas Eich- ards & the Churchwardens of Warwicke & Pagetts Tribes, concerning y° Gleabe Land belonging to y° Tribes aforesaid, Capt Thomas Eichards desired y'' opinion of y" Governor & CounceU Concerning an Order of the Hono*'® Companys, bearing date Tuesday y° 2nd November 1669. Cornelius Whites Secretarys opinion of that order is, that the benefitt of itt is for the Ministers Widdow wheresoever she dwells. The opinion of the Governor & CounceU, except before ex- cepted, is, that y° benefitt of that order is only for a widdow of cc2 88 ANOTHER NEGRO PLOT. CHAP, a minister living in these Islands after the decease of her hus- "VVT '—^ band, and not for a Ministers Widdow that, is in England or 1673-1683. elsewhere. 4. At a Councell Table 23'^^ December 1673. ( 1 ) Ordered that it shall he putt fforth in the proclamation that y*^ Justices verball Order upon y" Kings businesse to any Constable shall be sufficient power for them to Act. (2) Ordered concerning Edward Pearman : that y" said Edward Pearman be taken out of y° prison, and tied to y* whipping post, and his haire cutt off, and made Infamous, have - ing fformerly bin bound to his good behaviour, yet notwith- standing hath broken y^ same in a grosse manner in abuseing y° Kings Officers, as M'' William Peniston Councellor did signifie, wch punishment of cutting of his haire & tying to y'= whipping post, was executed upon him y'= 23"'* day of December 1673. 5. At a Councell Table 24*'^ December 1673. The Governor & Councell having severall Negroes presented to them by y'' Grand Inquest as Guilty of a Daingerous plott, they passed their Judgements as foUoweth. Sir John Heydon K' & Governors opinion is, that every Master or Mistresse of y" Negroes now in hold for a Daingerous Intention, that every such Master or Mistresse shall give to the next Justice of peace. Security for y° Kings peace, and shall enter into a recognizance to our Soveraigne Lord the King for y'' double value of y° said Negroe, that y° said Negroe or Negroes shall not molest, disquiet or trouble y° peace of his Ma"°' Liege people, and if y* Masters or Mistresses shall refuse to give such securitie, the said Negroes shall be remanded to prison again, and sold to make Satisfaction. As also it is my opinion that ye Negroes shall not be tryed by a Councell of Warr. And in regard their is noe blood shed, tho' a daingerous plott, I doe Judge y^ principall of them to be carried to y° Galloes & their tied, and burned in y° fforhead with y° letter E,' and y° rest whipped and sent home. Cornelius White Secrett : opinion is, that as y" Grand In- quest hath found y' Negroes Guilty, so they should be tryed by a petty Jury, And y° Confession of y' Negroes against them- selves, they that have Confessed themselves Guilty of y° Con- spiracie, their Confessions shall be witnesse against them, and noe other Confession one against another, because they are In- certaine. M' Thomas Lecrayfts opinion is, that y° Negroes shall be ' Probably for ' Rogue.' 1673-1683. SEVERITIES TO NEQKOES. 389 burnt in the fforhead and whipt, and so sent home, & the ^^yi' Master or Mistresse of the said Negroes to give in Security for y" Kings peace, and if they refuse, to remaund them to prison againe, & to sell them for y* Charge within a Moneth after their denial! of Security. M"' Thomas Woods Judgment, that these Negroes now in Groall should bee Tryed by a Councell of Warr, and that their Confession shall be good evidence, and likewise Black to Black shall be good evidence one against y° other. M' "William Peniston, iM"' Henry Moore, Capt John Hub- bard, Capt Eichard Wolrich, and M'' Anthony Jenour Sherrife of y° same Judgement as M"" Wood. M"' John Wainwright Judgement is that y^ Negroes now in hold should be Tied up to y" G-alloes with their toes touching to y" ground and bin-nt in y' fiforhead, and remaine in prison till their Masters put in Security. M' Henry Tucker y° same with M' Wainwright only this more, if in case y° Masters will not put in Security within a Moneth, then to be sold. So y' Maior vote being to be punished without a Trying of y° Negroes by a Councell of Warr, it was ordered thereupon as foUoweth. Ordered that Eobbin at M'' Bonds, Argee at M'' Norwoods, flfrank at Capt Stowes, Kitt at M"^ Squires, Hercules at M"" Wentworths, Tom at Capt Darrells, to be stigmatized in y* face with an hott iron, & their Noses slitt, & whipped ; and y° rest of y° Negroes Stigmatized and whipt, and all y^ said Negroes are to be executed on ffryday next, at y° bottom of y' Laine where they intended the plott, for wch cause a Gybitt is to be erected, and y" two Negroes that rid ye horses are that day to ride upon the said Gybitt. Ordered that y° Master • or Mistresse of every such Negroe as have bin now in hold, shall beare y° charge of y" said Negroe.' ' Should any reader be shocked at the apparent "barbarity of these sentences, especially any coloured native of Bermuda, whose remote ancestors may have siJfered under them, he may be reminded that, as compared with the cruelties fre- quently practised upon negro slaves in the West Indies, the punishments inflicted in Bermuda were moderate in degree, and the condition of the coloured race one of exceptional wellbeing. It was a humane provision of the French ' Code Noire,' promulgated in 1685, which permitted masters, when they considered that their slaves deserved punishment, only to chain them and flog them with rods or cords, prohibiting putting them to torture or mutilating their limbs. Nevertheless, it is known that these restraints were nearly inoperative. Slaves striking free persons were to be severely punished, even with death. Predial thefts were punished with flogging and branding with a fleur-de-lis. English slaves had not even the protec- tion of such a code until long after (in Jamaica, 1788-1792). "We meet with few severe punishments, and no revolting cruelties, in the history of Bermuda. The term mustee = mestize or mestizo, having been frequently used without comment, it may be here explained that there were four degrees of ccluur — black ; 390 WANT OF A PHYSICIAN. CHAP. 6. At the Assizes December 1673. XVI. 1673-1683. (1) Upon y^ Grrand Inquest presenting as their earnest re- quest unto j" Hon'o'''^ Grovernor Sir John Heydon and his Wor- shipful! Assistants, the great necessitie in these Islands of an able Phisitian and learned Schoolmaster, and that their desires therein might be presented to y° Hono"'® Company for Supply. Allowed by j" Court. (2) Upon y" Grrand Inquest presenting a daingerous well in Eichard Potters land that hee holdeth near y° Coinon path, without Cover or Curb, Ordered that y° said well bee forthwith amended by surrounding it with two ffoote of stone in depth, and a curb upon it, cover to cover itt, or else to stop it upp. And that M"^ Thomas Wood Councellor See it performed. • ■••••■ (3) Upon y° Grand Inquest presenting y° tying of Cattle, Sheep, hoggs & horses and all other creatures acrosse y° paths of this Country in the night time. Ordered for remedy of this, that such Servant as ties his Masters or Mistresses Cattle, Sheep, hoggs &c., in y" night time, so that they may reach acrosse y" Coinon path, such Servant being legally Convicted thereof shall be whipt for his said offence.' 7. Orders for y" Suppressing the Insolencies and abuses of y" Negroes, to be reade in each parish Chiirch of these Islands once every Quarter. Impri° That all persons being his Ma"*" Subjects that shall finde any strange Negroe or Slave in his family or in any part of his or their ground not being the habitation of their Masters or Mistresses, without a Ticket from their owner or Master, the said person or persons shall have full power to apprehend & seize any such Negroe or Slave, and if he have ability may give him sufficient Correction with rod or whip for y* first offence, and in case of offending the second time, shall so whipp him againe and cut off a piece of his ear, and in case of offending the third time to whipp him severely againe for y° said offence, and to brand him with y* Letter E in y* fforhead ; and if after this hee shall yet prove Incorrigible, that he shall be forthwith bilf-black or mulatto ; quarter-black or quadroon ; one-eighth black or mustee. The offspring of the mustee and white were white by law (see Bryan Edward's ' West Indies,' vol. Ji. p 16). White parentage on one side is supposed in each case. STfilNGENT LAWS RELATING TO SLAVES. 391 Comited to y® Comon Jayle & to be punished as y® Governor & chap. CounceU shall think fitt. .3^^^ 2'^ And all persons that shall not put this Law in execution, 1673-1683. or shall be found wilfully remisse therein shall have such Penalty inflicted upon them as y" Grovernment shall think fitt. 3"^ That noe Negroe or Slave shall be suffered to goe out of their own parishes where they dwell on y° Lords day unlesse in y° Company of their Masters or Owners. 4'^ That noe Negroe or Slave shall passe or repasse in y" night out of his Masters Plantation unlesse that he have an especiall Tickett from his Master that expresseth a Necessitous occasion. 5'^ That where above the number of three slaves, not being of y° same family shall meete to talk & consult together, they shall be imediately apprehended and whipt severely. 6"' That noe Master or Mistresse shall allow to any Slave a patch of ground to plant Tobacco for his owne use, or to be at his disposing, upon y° forfeiture of one Hundred pounds of Tobacco. 7''' That noe negroe or Slave shall be suffered to have any kind of Trade or Comerce within these Islands with any merchant, or other man or woman for any money or Cornodity whatsoever. And if any man or woman shall be knowne or found soe trading as aforesaid Contrary to the true Intent hereof they shall forfeite treble y° value of y° Cofnoditie they soe traded for. (Signed) J. Hetdon. 8. A Proclamation by Sir John Heydon K* and Governor 10 January 167f . Whereas nothing doth more conduce to y* peace & happi- nesse of anie Kingdome or State, then y° true worship of G-od, and y° observation of the good and wholesome laws istablished, it being y° duty of all Magistrates & other Officers to take care that the people Coinitted to their Charge live in obedience & Conformity their unto. In Consideration whereof, myselfe and Councell have thought good that y* oiders at y^ late Assizes made, together with former orders should be published to y° Inhabitants of these Islands, that none may plead ignorance. And forasmuch as divers heathenish Negroes belonging to private Persons, have by examination & j" Mutuall impeachment of one an other, bin convicted of a Barbarous and bloudie designe, tending to the destruction of this plantation. And under pre- tence of ffreedome, wch assuredly they cannot mend in anie part of the world: wch plott (through Gods mercy) being timely discovered & prevented, the malefactors have bin imprisoned & sentensed to suffer y*= punishment of Slaves, and afterwards being 392 MASTERS MADE MORE RESPONSIBLE. CHAP, returned to their severall Masters & Owners. It is Ordered by _^yi-- my selfe and Councell for y' better Securitie & Satisfaction of 1673-1683. y* Inhabitants, That y" severall Masters & owners of y^ said Negroes that suffered, should acknowledge to our Soveraigne Lord y° King? before the Justice of the Eespective tribes, A Eecognisance to y° value of such their severall Negroes so long as they shall keep them. That their said Negroes shall not Coniiit anie Act or Acts to y" preiudice of y" Kings Ma"^° Peace, or of anie of his good Subieots in their persons, families, goods or plantations. And because (since that) I have bin Informed that some disorderly ysons, doe threaten those Negroes being stigma- tized for their wicked intentions, to ripp them upp, or otherwise to kill them at their pleasure. 1 would have such persons to know that such a bloudy fact is against y* Law of God & y° King, they may reade in holie writt that Caine murthered his brother Abel, upon whome Grod sett a marke that none might slay him. Likewise a Law made in y' 5"' yeare of Queene Elizabeth Chap 1 : That none should murther a person attainted in a premunire, wch : had formerlie been practized as against persons outlawed & out of y" Kings protection, but better things are to hoped for from good Christians & good subiects. And that so long as those Negroes demeane themselves soberly & honestlie in their Masters imployments, & live in obedience to y Laws & orders of this Government, they should rather incou- rage & coinend them, then in anie sort molest, vex, or trouble them. And because the Law is but as a dead letter except put in execution. These are therefore to require all Councellors & Justices to see to y° execution of y° orders herewith sent, and all other goodLawes. And that they take a strict Accompt of all Churchwardens, Constables, headboroughs & other Inferiour officers, once a moneth at least, what Sabbath breakers. Retailers of Strong Liquors w'^out Lycence, And what idle persons, or children fitt to be bound apprentises they know off, and in case any Justice be thereby informed of anie matter fitt to be reformed, that they deale their in according to Law, not sending them to S' Georges when as they have power to doe Justice at home in their owne Tribes. And I doe in the Kings Ma"^' name hereby strictly Charge & Comand all manner of persons to keep and observe y^ Laws & orders now & heretofore published. Giving due respects to the Magistrates sett over them for good, and that they live in love and peace one. with an other, that the God of Love & peace may blesse us with peace inward & outward. God save the King. Given under my hand this 10* January 1673, together with the publique seale of these Islands hereunto affixed. (Signed) J. Hetdon. PBOTECTIVE LAW FOE SEA FISH. 393 9. At a Councell 23'^ January 167|. ^^f^p. 1673-1683. (1) Upon the Complaint of Capt John Hubbard against Thomas Stowe, John Asken & John Stirrup for haling ffish in their Creekes, without their Lycence & Lyberty. Upon their acknowledgement & sorrow for their offence they were acquitted, and thereupon ordered that y* Kings Law concerning prohibi- tion of haling y° Spawn or fjrie or brood of any sea fish should be published, and that whosoever shall transgresse there in for y® future shall pay according to y" fine assessed in y* Law, wch is y® forfeit of y* Netts & ten shillings in money. (2) Upon a Petition of Hammond Johnsons concerning his having part of y* Eents of y" school Lands, as formerly he hath enioyed. Whereupon it was obiected that y" earle of Manch'' had sent a letter to stopp y° payment of them in that kind. Whereupon it was put to y° Court, whether y" perticular order ' should be followed, or y° Companies order that had ordered those Eents to be for y* Incouragement of y° Schoolmasters, and y° result of y° Court was that y^ Companies order was to be observed before a perticular order : While y" Company themselves were pleased to order it otherwise. And thereupon y" Sherrife ordered to pay y" petitioner as fformerlie. 10. At a Councell 26*"^ March 1674. (1) The Hono'"^ Grovernor propounded the occasion of this meeting to be for this end, to Consider of some what y^ Assembly had offered to himselfe & the Councell to Consider off : but in regard severall persons waited about y° businesse concerning their Negroes, it was thought expedient to begin with that first, and thereupon John Argent and John Jones haveing by order of y° Government bin employed in going into y° Country to and ffro for the gathering together of y* Negroes accused of a Bloody Designe, and their sending to S' Georges: was allowed 10 shil- lings a piece for their extraordinary paines. As also those persons that watched the Negroes in hold allowed 1 2 pence a night for watching, and the Guard that went with y" Sherrife for y^ securing y** Negroes to y° place appointed for their punishment allowed 12 pence a day. The Sherriffe M'' Anthony Jenour propounded to y'^ Governor & Councell what allowance he should have for his extraordinary paines & trouble in going into y° Country to see y^ punishment indicted upon y'= said Negroes. Secretary allowes 25% Capt John Hubbard, M"^ William 394 SOCIAL DIFFICULTIES OF SLAVERY. CHAP. Peniston, M' Henry Moore & M' John Wainwright as y" Secre- ■ ^^^- tary. 1673-1683. M^ Thomas Wood, M"" Jonathan Turner ffiue & ffourty shillings, that is 3* apiece for every Negroe being 15 Negroes. Capt Eichard Woolrich 30 shillings, and M"^ Henry Tucker 5* a Negroe. Sir John Heydon K' & Grovemor as M' Wood & M"" Turner, wch with y' Grovernors priviledge of two Votes & a Casting made it equall, whereupon it was concluded by ye whole, that y* Sheriffe should be allowed two shillings for every Negroe. Ordered that every Master or Mistresse that hath had a Negroe in y' late Conspiracie shall pay y° resonable Charge assessed by y° Grovemor & Councell, or upon their refusall, the Councellor of y" Tribe is to send y" said Negroes to y° Groale, their to remain while y^ Masters or Mistresses doe pay y® said Charge. Upon a Debate concerning y" Masters or Mistresses giveing in Bond for their Negroes keeping y° Kings peace, it was put to y° question, whether they should or not. The Secretarj'', M"" Peniston, Capt Hubbard, M' Turner, M"^ Wood, Capt Wolrich & the Sherriffe of opinion that y^ Masters of y" Negroes & Mis- tresses may be discharged from giveing in a Bond for secureing y" Kings peace in behalfe of their Negroes, upon this Eeason, that y° Master will be afraid to correct his servant, because the Negroe may doe a Transgression apurpose to make his Master forfeite his Bond. M"^ Henry Moore opinion is that either y° Negroe should be secured in Groale, or else y^ Master should give in Security for them. M"" John Wainwright, M'' Henry Tucker, and his Honor that y° Masters should enter into a Eecognizance to secure the Kings peace to all his Ma"^^ Liege people in y behalfe of their Negroes, and that for this Eeason, that wee are not to surmise things that may follow to hinder us ffrom securing y° peace, the Governors Eeason. • ••■••■ (2) Whereas there hath bin an Act made Concerning ffree Negroes, that they should not remaine in these Islands after their ffreedom unless they did oblidge or put themselves in ser- vice to some of y' Inhabitants of these Islands. Ordered, that all ffree Negroes within these Islands, That will not put them- selves into j" Servitude of some one or other of the Inhabitants, shall forthwith depart these Islands. PERPLEXITY CAUSED BY THE KING'S LETTER. 395 11. At a Councell 30* Aprill 1674. chap. The G-overnor Sir John Heydon K' propounded the occasion 1673-1683. of y° meeting this day is upon a ship named y* Elephant, Coinander thereof John Kingsland, come into y^ Castle Harbor from England and noe order from y* Company about her, but here is a Letter from his Ma"° Directed to myselfe that I desire your advice in. Upon y" reading of wch Letter, together with a Copie of y° same sent unto M"" Samuell Trott, it was put to the question, whether y" Copie of y° Kings Letter be a true Copie. Y* Grene- rall vote is, it is not a true Copie. Memorandum that y° Copie of his Mat''° Letter to the Grovemor of Bermoodas in y° behalfe of M"^ Perient Trott, varyes from the Kings letter sent to Sir John Heydon K' and Grovemor (bearing date the 24'" day of October 1673) in these words (and y° same be not contrary to y° rules of y° said Company) inserted in y° Kings letter, but wholly left out in y* Copie of y" Kings Letter presented by M"' Samuell Trott Grent : to y° Grovemor & Councell, and signed by Tim : Brigge Notary Eoyall as a True Copie, and their unto hath affixed y" Notorial! Seale : In Testi- mony also of y" truth of y° same : they haveing bin compaired & examined before y" Grovemor & Councell y° SO'" day of Aprill 1674: doe give their Assents to y° said variation to be a truth. Somer Islands alia Bermoodas Upon Examination of this Copie before y* Grovemor & Coun- cell in y" Somer Islands with y* Kings Letter, its found to be a false Copie, their being lefte out of the Copie these material! Words (and y° same be not contrary to y° Eules of y° said Com- pany) wch is inserted in y' Kings Letter. Signed by order of y' Governor & Councell y= 30* Aprill 1674. Cornelius White Secretary. After the aforementioned Debates, it was moved that M' Samuell Trott might be sent for to know what it was that he did desire by Vertue of y" Kings Grant in y' said letter to his ffather M" Peryent Trott. And M"" Samuell Trotts request was, that he might have lyberty to Ship off his Tobacco, according to y" Kings Grant, in y'' aforesaid Shipe. Question Whether M' Samuell Trott might have liberty Graunted to ship his Tobacco by Vertue of y" Kings Graunt or not in y° Kings Letter. 396 SPECIOUS REASONS FOE. DISREGARDING IT. CHAP. Cornelius White Secretaryes opinion is, that in regard of y® . -^ y^- . expression in the said Letter and the same be not Contrary to 1673-1683. y^ Eules of the Company, unless M' Trott hath Lycence from y* Company for j" shiping of the Tobacco, their rules ^frequently prohibiting y'= letting Tobacco be exported out of y^ Islands by any ship or ships but such as have lycence from them soe to doe : he judgeth not. M"" John Wainwright as y^ Secretary : M"^ Henry Durham not any Lyberty. M"' William Penistons opinion is, that M Samuell Trott may have Lyberty to carry of j" Tobacco, he securing y° Com- panies Duties, Capt John Hubbard, M"^ Jonathan Turner, M'' Thomas Wood y' same as M"^ Peniston, only adding securitie for y^ Kings Duties. Capt Wolrich y° same. M"" Anthony Jenour Sherrifes opinion, he cannot give his Con- sent to M' Samuell Trotts carrying away of Tobacco of y" growth 1673, for this reason, because he hath written toy^ Com- pany that their is a Considerable quantitie of Tobacco, and if they should send a ship upon those Lines and the Tobacco gone, the Company might be damnified by it. 2'^' he conceives that y^ Kings Grant in his Letter to Sir John Heydon in the behalfe of M' Peryent Trott, gives Lyberty to carry his goods not con- trary to the rules of the Company, and y° Company have given severall orders to restraine carrying away Tobacco in any other ship but y* Magazeene Ship, and this ship haveing noe Order from y* Company for y° taking in of Tobacco, therefore conceives the Kings Letter doth not give Lyberty for y" taking in of Tobacco, it being contrary to the Eules of y'' Company. Sir John Heydon K' & Governors opinion M"' Samuell Trott doth desire he may have Lyberty to transport Tobacco by virtue of y" Kings Grant in his Letter, it is thus. I suppose IVP Per- yent Trott to be a Petitioner to y^ King for that Grant which he hath in y° Kings Letter, and M'' Trott being a Member of y" Company the King did condiscend to his petitioner that he might have Lyberty to Transport his goods provided the same was not contrary to y° Rules of y° Company ; the said Mr. Trott haveing had a hand in making many Orders to prohibit y° carrying away of Tobacco in any ship but y° Magazeene ship. I doe conclude there is noe Lyberty by y* Kings Graunt for j" carrying of Tobacco contrary to y^ Companies Order. ffirst. Upon Debate of M"^ Samuell Trotts proposall to carry away Tobacco according to y* Kings Graunt in his Letter di- rected to Sir John Heydon K' & Governor, bearing date y° 24*" day of October 1673, it was Voted in the Negative, because Lyberty granted to carry Tobacco without Order from y Company is contrary to y° Order of y° Company & y" Grant of y" Kinge. A GUNNEEY ACCIDENT. 397 2^" M' Samuell Trott proposed to y° Q-overnor & Councell chap. that he might have Lyberty to Ship the Tobacco of y° growth ^^J- of 1672 that Capt' Jenkins refused to carry: wch request is 1673-1683. according to y^ Companies order Granted, that any ship might have Lyberty to carry such Tobacco as y'' Magazeene ship could not. The result of y° Councell is, that M'' Samuell Trott may have Lyberty to carry away Tobacco of the growth of y° yeare 1672 : provided he shipe noe Tobacco of y" growth of 1673. And in case it shall appeare that any of y^ Tobacco of y° growth of 167.3 shall be shipped, it shall be forfeited according to y' rules of y° Company. 12. At a Councell 4*'^ June 1674. Upon A Complainte of y° Churchwardens of Pembrook Tribe that their Church was prejudiced by keeping schoole in y" said Church, & they were resolved according to their oathes that they would shutt upp y' Doores in order to y^ preservation of the Church, & to that end to take away y° occasion, yet so as ye Children might not be left destitute of a place to be taught in, desired that favour of Sir John Heydon K' & Grovemor, that y° parrish might have Lyberty to erect a roome for that purpose to keep schoole in, upon y" schoole land in Pembrooke Tribe, to wch Sir John Heydon K' & Governor Condisended, with this proviso that M' Thomas Wood, M"" Henry Moore & M"" Jonathan Turner Councellors should view y" place & order y° Dementions. The parrish building y" said schoole house with their owne Timber & upon their owne Charge. 13, At a Councell 30* October 1674. (1) Upon y® Motion of M' Anthony Jenour Sherrife for y" Tryall of y° Guns at the fforts and Castles that are suspicious not to bee Serviceable, ffrom a disaster that lately fell out at y° Mount, Occasioned by y* Approach of three vessells or shipps comeing in sight, y" said Gunn at y° Mount, being Charged & Discharged with an Intent to raise an Allarum, splitt at the discharging and killed y° Mount Keeper. Ordered that all Gunnes, either at the fforts or Castle that are suspected to bee unserviceable by y^ Sherrife, or y^ Commanders of the fforts or Castle are to be Tryed, according to their Discretion on y^ fiQth day of November 1674, by being double charged & fired. (2) Upon y" Motion of ye Sherrife whether he should gett a Gunn in y" Eoome of that that was splitt upon y° Mount, to supply y" place of y" said Gunn. Ordered that y° Sherrife, if he 398 COST OF WARNING SHOT LEVIED. CHAP, have ever a one that is fitting for that use, shall cause it to be . ^^^- . carryed up y" Mount & there placed. And in case their bee 1673-1683. noe G-unn in his Custodye, then to buy one trhen their presents an opportunitie. (3) Upon M"' John Jennynes attempting to sayle by Smiths and Pagitts fforts ffrom these Islands in y° shipp Sea fflower, without the Hono''^^ Sir John Heydon K' & Grovemors dis- patches to shew unto y° Commanders of y® ffortes. The Co- inander of Smiths fforte haveing ffired a Grunn at him, to stop him, The Question was putt to y" Court, Whether M' John Jennynes should pay for y° shott that hee occasioned to bee shott at him by endeavouring to goe out of y° Harbor without his dispatches. And what hee shall pay, whether ffive pounds or what, & to whome. The Secrett : that John Jennynes shall pay for y° shott 6s 8d. M' Lecrayft 20s for y° shott. & y° Contempt of y" Grovernor, M' Turner, M"^ Wood, M"' Durham that he shall pay nothing, in regard he had paid for the Dispatches, & could not have them. Capt John Hubbard, Capt Wolrich, the Sherrife and the Grovernor, that he should pay for y° Shott a Noble, and pay it to the Sherrife. 14. At a General Court held for the Somer Islands Company at Sadlers Hall in Cheapside London on Monday the 21=* of September 1674. Whereas this Court is given to understand that M' Perient Trott a member of this Company hath refused and stiU doth refuse to pay the Company the duties for a considerable parcel of Tobacco imported hither in the Ship Elephant, Robert Kingsland Commander: and for other parcels of Tobacco in several other ships at several times imported by him the said Perient Trott, the duties of which amount unto in the whole Two hundred forty nine pounds sis shillings and four pence. It is therefore ordered by this Court that the said sum of Two hundred forty nine pounds six shillings and four pence be levied upon the Groods and Chattels of him the said Perient Trott which shall be found in the said Islands in the hands or pos- session of any his Tenants, Agents, Attorneys, Factors or other person or persons whatsoever. And in case suflBcient of Groods and Chattels of him the said Perient Trott cannot be found in the said Islands to satisfy the aforesaid debt of Two hundred forty nine pounds six shillings and four pence, that then the Sheriff do seize and extend the lands of the said Perient Trott in the said Islands, and the same together with the profits and THE ASSEMBLY OF 1673 DISALLOWED. 399 emoluments and every of them to detain for the use of the Com- chap. pany until the aforesaid deht of Two hundred forty nine pounds , ^^^- six shillings and four pence be fully satisfied and paid. 1G73-1683. 15. The Company to the Governor and Council, Sept. 21, 1674. Grentlemen Wee haue received your Generall Letter bearing date in the Somer Islands the 5th Sept 1673 Togeather with a paper con- teyning (after many unmannerly not to say EeproachfuU and false reflections upon the Company and o'' last G-enerall Letter to you) Seuerall pretended Acts of an Assembly to w"" Grenerall letter wee haue hereafter sent you an answeare but what an- swear to send vnto y'' said other Paper wee know not, and were it fitt to bee passed ouer without a seueare and deserued reproofe wee think y° paper itself deserues no answear att all, for you must giue us leave to tell you that wee cannot look vpon any of them as acts of an Assembly nor vpon that Assembly itselfe as a LawfuU Assembly, for although it bee true that wee did by our last Letter write to you o' Deputie Gouernor and Council to conueene an Assembly, yett it must be intended that that Assembly should be regulated by y° Lawes of y° Company in that behalfe, of w"'' wee are not willing to presume you ignorant But whereas by y^ 140th Printed Law the whole Assembly of Gouernor and Council and Eepresentatiues ought to sitt and meet together in the same place in one entire bodie, in w"" Assembly the Gouernor ought to be President, to moderate the Assembly, and by the 160th Law the Secretary is in all generall Assemblies to hold the place of Speaker and to keep a register of all Acts passed Wee are given to understand in this pretended assembly the Gouernor and Council mett and sate by themselues and the representatiues by themselues, and it appears by y Paper that the Eepresentatiues chose a Speaker amongst themselues and a Clerke to themselues not only with- out Authoritie but expressly against the Law, and w""' is worse that the said votes and Acts did neuer pass the solemne and particular examination and debate of you the Gouernor and Council, but only that in conclusion they subscribed their hands to the said Paper in generall when brought vnto them rather as witnesses that those were the acts of the Eepresentatiues than as Law makers themselues, ffor w"" reasons wee must tell you wee cannot looke upon that convencon but rather as a confused meeting than a regular and well ordered Assembly, and though some of the pretended Acts, if they had beene regularly made, wee should haue approued and confirmed as to the intent of them ; yett others of them are such as directly tend to the vtter 400 LOCAL LAWS NOT CONFIRMED. CHAP, overthrow both of the Company and of the country see wee . -^y^' . think you are much mistaken when you preface the said paper 1673-1683. as prompted by your hearts to y° glory of Grod, the honor and interest of his Maiesty, due respects to the Company, and the welfare of the said Plantacon. Wee cannot but wonder to what end you have transmitted that paper to us vnless it were to honor vs soe farr as to lett vs know what your will and pleasure was, for all though itt be truely the Law of the Company that empowers a Grenerall Assembly in the Island — noe Lawe or orders made by you are of further force or validity if they re- ceive not confirmation in a Quarter Court held here yet you do not by all that paper propose them to vs for our desire or confirmation of them Except only 'the first against Atheists, Swearers, Drunkards &c which wee haue the more reason to think was purposely done and that you did not desire or expect any concurrence or confirmation of them, for that wee find by the said paper that you haue taken vpon you the boldnes not only to make such lawes as never were attempted before, but contrary to all Lawes and the practice of your predecessors, to publish them, or att least cause them to bee published in y° generall Parish Churches of y° Island What can it speak lesse (although most vntruely) than that you have the sole power of making Lawes without vs : besides if you had minded or vnder- stood the Law by w"^" the Assembly is constituted, you might have found (as by perusall of your s* Paper wee doe) that you have taken vpon you to Acte in and about severall things w'^'^ belong not to an Assembly in the Island to intermeddle with. Wittnesse amongst other things your pretended Acte for taking away of duties. You might as well have said, for taking away of y° Company — and wlio is it who payes those duties but the trading parte of the company and not you : and who is it hath the benefitt of those duties, not the company but you : and how haue they been expended but for the maintainance and benifitt of y° Islands, and not otherwise for y° aduantage of the Company Wee could wish wee had no cause to blame you the Grouernor and Councell in suffering things to be soe carryed on in y said Assembly, for to what purpose is the power of a nega- tive vote in all Generall assemblies given to the G-ouemor solely, and to the councell coniunctiuely, yf not that you might be then enabled to putt a timely stopp to such irregular or tumultuous proceedings yf any should bee attempted as tend to create or foment any difference betweene y" Company and Coun- try or to y° preiudice of either yf any pson would haue been extravagant or attempted to vndermine Gouernment : Itt was in yo' power to haue hindered the passing of such things into an Act, or if cause had been to haue dissolued the said Assembly PEACE WITH THE STATES-GEHERAL. 4.01 rather than to haue suffered such things to haue broke out into chap. a flame, but wee being willing rather to bring Water to quench ■'^^^• than oyle to Inflame and Increase y° same shall say noe more, 1673-1683. though the nature of the transaccon and y° generall conse- quences that are in y" wombe of itt require much more, wee being desirous of nothing more then to mainteine as much as in vs lyes a right vnderstanding betweene the Company and country w"*" cannot any other way be soe probably attained as by your doeing of your duties there and wee ours heere, and by yo' and our ioynt & vnanimous discountenanceing of such per- sons as shall by priuate wisperings and other vnder artifices endeauour to breede discords betweene vs. And our hope and desire is, yt wee shall not henceforth haue cause giueu vs to write any more vnto you in this manner wch wee may truly say is more necessary then pleasing vnto vs Wee shall only adde this that where as yt should seeme by the said Paper that the sd pretended Assembly adiourned themselves from tyme to tyme (by what Law wee know not) our will & pleasure is yt you doe speedily after the receipt heereof dissolue the said Assembly yf the same bee not already done. You take notice that our last Generall letter you receiued from vs was without date and onely with six hands to itt, w"** was occasioned (as wee are informed by o"^ Secretary) of the sud- dain taking of it out of his hands and y^ speedily sending of it away. And now since it hath pleased God to give us the blessing of Peace againe, wee have according to your desires & our fformer Law made for y' purpose, taken all due care for y* send- ing of a Magazeene shipp in such due and convenient time as may be most for y° Advantage of y^ Plantation, and have enter- tayned the good ship the ffortune of London, burthen 300 tuns & upwards, Capt Mathew Norwood Coinander, as our Magazeene shipp for this yeare. Wee have Authorized him to take in all the Eemaynder of y° Cropp of y^ yeare 1673, and this present yeare 1674. Shee is by Chfe .party to stay ffortie dayes and noe Longer in your Harbor to take aboard her lading And wee doe will and require you our Governor and Councell, Sherriffe and all other oar officers that you be Aydinge & Assisting there in that you shall not p.mitt or suffer upon any p.tence whatsoever any shipp or shipps to take in any Tobacco at the s* Somer Islands, untill y° said ship ffortune shall be first fully Laden, nor that any goods of the s"^ Island shall be reserved for any ship or ships other then what y° Magazeene ship shall not bee able to receive. And if itt soe fall out that y" s'^ Magazeene shipe shall not bee fully freighted by y° C5ntrivance and private designes VOL. II. DD 1673-1683. 402 THE COMPANY REPUDIATE THEIR OWN ACTS. ^^^^- of some selfe Interested persons ■who may probably have sent over into y" Islands a vote of y*" generall Court of y^ 29*'' Aprill 1674, whereby any member of y^ Company is permitted to send a ship or ships into y" Island, and to take in goods. Wee doe will and require you that you doe not pmitt or suffer any To- baccoe to be shipped on board any other shipp or shipps what- soever after y" departure of this our Magazeene shipp, untill y^ arrival! of some other ship or ships with Comission from this Company, fforasmuch as y° aforesaid vote was upon a full & serious debate of y^ Matter in a full Grenerall Court held heere the Twenty iifth of August last past, found not onely to be inconsistent with a Magazeene shipe & promoted onely for y® private designes of some particular members, but was against y° Grenerall Interest both of Company and Country in the many ill consequences of itt necessarily tending to y' very great preiu- dice, if not mine of both, for which, and severall other weighty reasons, as alsoe for that y" said vote was found to bee directly ■contrary to y^ standing Lawes of this Company then & yet in force & unrepealed, and was Voted, Concluded and declared to bee voyd of itt selfe, and of noe force, and ought not to have beene made, or soe much as putt to y" vote, unlesse the said Lawes had been first repealed, and is therefore absolutely null and voyd in its creation, and doth noe way oblidge the Company in Grenerall, or give any lawfuU Lyberty to any perticular mem- ber to send any ship or ships Contrary to y° standing Lawes of the Company as by a Coppie of the said last order, as well heerew", as by other wayes for more securitie transmitted to you. Whereas you say you cannot pvent the bringing over of Tobaccoe in a Clandestine manner in private ships by reason some pson or psons of this societie doe order their Agents to send their Tobaccoe home in any ship or ships whatsoever, Wee cannot accept of that as a sufficient excuse. And therefore wee require you that you put in execution effectually the Lawes of this Company heretofore made agst all such persons as shall soe ship or export Tobaccoe or Cedar in any ship or ships save the Magazeene shipe, and that by y* next, you give us y" names of those persons as you should have done. Wee have herewith sent you an Order of Court prohibiting the burneing of any Cedar in the makeing or boiling of Sugars, and wee require the same bee effectually observed, and putt in execution accordingly. And that you give notice by publishing the same in the respective Parish Churches. • •••■• ■ Concerning y'' Spermaceti in y« possession of the Sherriffe DIFFICULTIES OVER THE ROYAL LETTER. 403 whereof wee formerly wrote to you. Wee order you that you chap. cause y° Sherriffe to send it by this our present Magazeene ship . ^^^' _ . the ffortuhe of London, Capt Norwood Commander, with a Bill 1673-1683. of Lading for itt consigned to our Treasurer, for the use of y® Company. Concerning the two Certificates of y" Hubbards, as also y' Appeales of ffrances Sayle widdow, they were lost in y" Maga- zeene ship, or at least came not to o"^ hands. Whereas Wee formerly ordered that M""' White, y° widdow of M"" Nathaniell White should enioy the Glebe dureing her life time, and wee being synce certifi.ed of her death, wee doe order that M' William Edwards our present Minister there doe enioy y'^ s^ Grlebe and y* Eents & profitts thereof. .... Sig-ned Gilb. Gekakd. 16. At a Councell Table 24*'' November 1674. Upon M"^ Samuell Trott sonne of M''Perient Trott of London bringing into Court, and shewing his Ma"^* Letter, and their upon desiring the Lybertye their in granted to his father. As likewise that if in case he delivered y" same unto y^ Court, he might have y° same afterwards delivered unto him againe. Ordered, that if M' Samuell "Trott aforesaid will deliver the Kings Letter without makeing termes, it being partly directed to us, then we will receive it & read it ; So y^ Kings Letter directed : To our Trusty & welbeloved the Governor, Governors Company and Councell of and in y^ Somer Islands for the time being, and every of them, beareing date y'' 17'" August 1674, and presented by M'' Samuell Trott to y^ Governor & Councell to bee read, and to give their answere to it concerning y^ priviledge their in graunted to his fFather aforesaid. The result of the Governour & Councell is, that they with all reverence submitt to his Ma'"*^ pleasure therein conteyned, yett in regard they have had noe Instructions from y'' Hono'''^ Company con- cerning graunted lybertie to carry or ship away Tobaccoe, they neither will vote a lybertie of the Shipping Tobacco upon y^ Ship Elephant, Capt Eobert Kingsland Commander thereof, neither will they obstruct itt. Butt leave the aforesaid Perient Trott, his ffactors or Agents to take y'= bennefitt of y^ Kings Grant. Ordered likewise that the Kings Letter aforementioned be kept by the Secretary, and not returned againe to M Samuell Trott, it being in part directed to us. As likewise that y° Secretary may give copies of the Councells result upon it to M"' Samuell Trott. D D 2 404 DANGERS FROM THE SLAVE POPULATION. CHAP. 17. A Law for making all Negroes, Indians and • — ^-1—. Mallattoes that shall be brought into the Island to be 1673-1683. forfeited, and to prevent Conspiracy by them, and that their Testimony in such case shall be taken one against the other. Enacted by the Bermuda Company 1674. That for p'vencon of y° great Mischiefes & dainger wch : may happen to the Somer Islands belonging to this Company by the great number of Negroes, Indians and Mallatoes the wch : are already upon y" s* Island and dayly are brought thither : And for the hindering the bringeing of any more. And for y" encouragem' of his Ma"°^ naturall borne Subiects allready there to be painefull and Industrious, and for others to come over and settle in the Island. Be it Ordained & Enacted : And it is by this greate and Grenerall Quarter Court ordained and enacted, that all and every Negroe, Indian or Mallatoe that from and after the end of six weekes next after the pro- mulgation and publishing of this Law shall be brought or come into y" s* Island to dwell or inhabitt, and shall there reside either as a Slave or Servant by the space of Twenty ffoure houres, shall imediately thereupon be and become the absolute Servant and Slave of this Company, and be seized and taken by y° Sheriffe of y" said Island into his Custody for y° use of this Company to be imployed and disposed of for y^ use of this Company, And that the Deputy Governor and Councell of y° said Island shall from time to time send over an Accompt of all such Negroes, Indians and Mallatoes as shall be soe seized, to the end they may receive the order and direction of this Company for their sale & dispossal, and be it further ordained and Enacted. And it is hereby ordained and Enacted, that all such Negroes, Indians and Mallatoes as now are and reside on y^ said Island and wch : shall demeane themselves Civilly and live peaceably and quietly and in subiection to j" Governo' and Governmn* of the said Island and to their severall and respective Masters and Mistris, and that without plotting or Contriveing any act, matter or thing to y^ Disturbance or preiudice of the s* Island, or y" peace, quiett and Goverm* thereof shall for soe longe time as they shall soe long live in peace & subjection, and as good subiects and Servants, have protection from this Com- pany. And be protected & secured in their lives & limbes by y° Governo''^ and Go verm* thereof. But in case any Negroe, Indian or Mallattoe shall appeare, or be found to plott. Contrive, Conspire or attempt any Insurrection, conspiracie, act, matter or thinge against y' s* Island, Governo'' or Governement thereof, or against the life, limbe or Estate of any his or their Master or any Inhabitant of or within y° s'^ Island, or otherwise to y* BITTER CONTEST WITH USTTEELOPEES. 405 disturbance of y° peace and quiett of y° said Island and y* Go- chap. verno' and Grovernment thereof. Then every such Negi'oe, ^VI. Indian or Mallattoe, and all others that shall be, or be found in 1673-1683. such Contriveance, Conspiracye, Attempt or Insurrection shall be proceeded against according to their severall ofifences, accord- ing to the Lawes, Constitucons and Grovernm' of the s* Islands in such manner as if every such Negroe, Indian or Mallattoe were a naturall born subject, and being found guilty shall receive punishment in life, limb and body as a naturall borne subiect. And that y" Evidence & Testimony of one Negroe, Indian & Mallattoe against another shall be taken in y^ most stricktest and best way & manner for discovery & punishment of every such Conspiracye, insurrection, disturbance or breach of y° peace & quiett of j" s* Island and the Inhabitants thereof. 18. At a Councell Table 7*'' January 167|. The Hono'"^ Sir John Heydon K' & Grovernor propounded the occation of this meeting is by Addresse of you M"^ Samuell Trott to me, that Capt Mathew Norwood, Commander of y" ship fifortune, had stopt you from sayling out of the Harbor in the ship Elephant, Capt Eobert Kingsland Commander, and thereupon the said Samuell Trott desired mee to give him Lybertie to saile, and I tould him I would send for my Councell to consider of itt. Att y" appeareing of M'' Samuell Trott before y° Governor & Councell, the said Samuell Trott desired hee might have per- sons that were of his friends to be witnesses to heare what hee offered to y^ Councell that soe they might testifie to his ffather in his behalfe. The answere of y^ Governor & Councell is, that they thinke itt not convenient to graunt such a. proposall. 2'^ My desire and Eequest to y° Governor & Councell is to know when the ship Elephant was upon sayleing a Munday y° 4"" day of January 167|- with a faire winde to goe out of y° Harbor, what was y° reason Capt Mathew .Norwood, Commander of y' Magazeene ship, did fSre ffower Guns with shott in them at y* said ship Elephant, And commanded her in the Kings name to come to an Anchor. And in obedience to his Coiiiand in his Ma"°° Name, I y^ said Samuell Trott ordered the Ship Elephant to come to an Anchor. Capt Mathew Norwood gives this as a reason for his stopping y^ said ship Elephant, that by virtue of his Commission Graunted from y* Hono"'" Company, hee had power to search all shipps that were in the Harbors that had any Tobaccoes aboard them, and understanding that y° ship Elephant had a considerable quantitie aboard of her, hee intended to take it out of her, by virtue of his said Commission, 406 STRUGGLE FOR FREIGHT AND DUTIES. CHAP, but fSnding the copie of y° Kings Letter, wherein his Ma"® by . •^^^' . Y said copie had a Graiint unto M"' Perient Trott, his factors & 1678-1683. agents to ship, he would submitt to y" said Graunt, but what y" said ship Elephant had in her of Tobacco above y" Kings Graunt, he would have out of her, and therefore being informed & proved y® second day of January 167^, there was more Tobacco aboard y° said ship then his Ma"'= Graunted, he stoped the said ship with an intent to seize it and take it out. M"" Samuell Trott, the reputed ffactor or agent of M' Perient Trott of London, Merchant, requested of y® Governor & Councell that they would assist him, according to his Ma"*° Letter, in giveing him lyberty without lett or Molestation to sayle out of Y Harbor with the ship Elephant, and that Capt Mathew Nor- wood, Commander of y* ship ffortune, may be prohibited from, stopping y® said ship Elephant Capt Eobert Kingsland Com- mander thereof, Capt Mathew Norwood Comander of y" Magazeene ship ffortune of London, proposed thus to M'' Samuell Trott before Y Governor & Councell, that if y" said Samuell Trott would enter into a Bond with securitie of fi&ve hundred pound, that in case the said Capt Norwood did prove either here or hereafter, that their was any Tobaccoe aboard y^ ship Elephant of y'' Cargoe of y" said ship, that was shipped contrary to y® Graunt of his Mai"'^^ Letter to M"^ Perient Trott, his ffactors or agents, then the said M' . Samuell Trott would pay dead fraight to Capt Mathew Norwood Comander of y° Magazeene ship, his heirs, Execuf^^ & Administrators, according as y'' said Norwood is to have of other men shipping upon him p pound, for soe much Tobaccoe as is proved contrary to his Ma"^^ Letter, and alsoe to pay y® Companies duties of y° said Tobacco, wch being done Capt Norwood is satisfied to lett the said ship Elephant goe away. And y" Governor & Councell doe prohibit y^ ship Ele- phant, Capt Eobert Kingsland Coiiiander thereof, from sayling till M"" Samuell Trott hath given in Bond with securitie accordingly, and in case M"^ Samuell Trott refuseth, then y" said Capt Norwood is left to execute the order of y' Second of January ^. That forasmuch as wee have required securitie of M'' Samuell Trott for y" Companies duties of all y* Tobaccoes a board the ship Elephant, Capt Eobert Kingsland Comander thereof: M"^ Samuell Trott presenting in barr to itt a writeing signed by M"^ William Minors secretary of y® Hono^'° Company of Adventurers for y* Somer Islands, whereby it was signified that M"' Nathaniell Smith and M'' Perient Trott had offered securitie for y^ payment of y° Companies Duties, and that it was done accordingly, there- fore though wee have intimation ffrom the Company, that y'' TAX FOE MAINTAINIKG FLAT'S BRIDGE. 407 Order of y^ Company for every perticular Member to send A chap. ship is repealed, yet haveing noe Intimation of the discharging xvi. the securitie ffrom y° Company, wee doe not look upon itt as i673-i683. reasonable to require securitie twice. M"^ Anthony Jenour SherrifF dissenting for this Eeason, that y° Hono'"^ Company haveing repealed y* order of y" Company for every or any perticular member of y° Company to send a ship, therefore the writeing signed by M'' "Will Minors Secretary, concerning securitie is void also. And therefore Judges that they ought to give in securitie here before y" ship Elephant, Eobert Kingsland Comander thereof, departs. Capt John Hub- bard the same. 19. At a Councell Table 12'" January 167 Upon the presentment of y° fflatts Bridge being very dain- gerous for horse to goe over, more especially in rainey weather, their feet being apt to slipp to y" Hazzard of y" Losse both of man and horse. Whereas Capt fiflorentia Seymer late Governor and some of y^ Inhabitants fformerly hath made agreement with M"" Anthony Peniston for repaireing of the fflats bridge, and keeping itt in repaire, that every one that hath a horse, Mare or Grilding, should give y^ said Peniston a peice of Eight for every perticular beast : of wch agreement severall have paid their peices of Eight. And thereupon the Grovernor & Councell doe order that every one that hath not paid M"^ Anthony Peniston his peice of Eight for his horse, Maire or Gilding as aforesaid shall pay itt. And thereupon the said Peniston shall keep y" said bridge in repaire for horse & ffoot, with his yearly revenue of fforty pounds of Tobacco per Annum, this to bee published. Upon the presentment of y^ Grand Inquests Agrevance of y° whole Country, to see severall Thatcht houses adioyning to the Sessions house, wherein lyes y° Amunition for y^ Country, and the Records of y^ Island, being of daingerous consequence in respect of the hassard that may ffall by £Qer, and thereupon craving as a meanes to prevent y^ dainger that may ensue thereby, that y° two houses so neare adioyning may either bee shingled or pulled downe. Ordered, that' M"^ John Bristowe Provast Marshalls house adioyning soe neare the Sessions house bee shingled accordingly. The said Bristow appeareing before y^ Councell was reddy to shingle his house provided others would shingle their houses that soe he might not bee burnt downe, and loose his money he had laid out after he had answered the Countries desire. 408 EXECUTIVE ORDERS ON PRESENTMENTS. CHAP. 20. A Proclamation By Sir John Heydon K* and Governor 13 February 167f. XVI 1673-1683, Whereas att a late Assizes held att S' Georges the 15'" December 1674, The Grand Inquest for our Soveraigne Lord y" King have psented divers offences & misdemeanours contrary to y" Laws of God & the King, such as are Sabboth breakers, absenting themselves ffrom y* Publicke Congregation on the Lords day, sinns of uncleanesse, and of Houses retailing Strong Liquors w"'out Lycence, being nurseries of Debauchery & dis- order, whereof divers persons being found Guiltie, have been Sentenced to iines or Corporall punishment answerable to their Crimes, for y" better execution whereof, I doe hereby w'" the Advice of my Counsell require & in the Kings Mat'" Name streightly Charge and Coinand, All Justices of Peace, Counsellors, Constables & other Officers not to be remiss in pformance of their duties according to Law. By which meanes the growth of Sinn may bee pvented. And Gods Judgments denounced against such offenders (through mercy) may be stayd. More- over the Inhabitants of these Islands are hereby required to observe these Lawes & Orders of the Company and of the Go- vernment here, to witt, ffirst that the Company haveing sent their Magazeene shipp y" ffortune, Capt Mathew Norwood Coinander, now riding at Anchor in the Castle Harbour. It is ordered that noe pson w* hold his Tobaccoe to be Carried away in any other shipp upon paine of seizure. And the Mer- chants having sent a good Cargoe of Necessaries, & encouraged the planter in advancing the price of Tobaccoe, the planters are advised not to discourage them in slighting of their goods by requireing money for their Tobacco rather than Barter, Espetially such as stand most in need of necessaries for them- selves & ffamilies, least they bee judged to require monye to be disorderly in strong Liquors, neglecting to stock themselves w'" necessaries in tyme, wch cannot be poured at such easie rates when the Magazin shipp is departed. 2'^ To pvent y'' damage that may be done by carying lighted Leaves in the night time as necessitie require that some psons should be late abroad about their Lawful! occasions, that they make use of Lanthorne & Candle, wch sober men doe ; and as to idle & disorderly night walkers, the Law requires that such be apprehended & carried before some Justice to find Sureties ffor y" good behaviour, or stand coiiiitted while they doe. 3'^ Upon psentment of the fiBatts Bridge. Ordered that every one that hath not paid M'' Anthony Peniston his peice of Eight, according to agrement ffor his horse, mare or guilding, shall pay it, and thereupon y^ said Peniston shall keepe y* s* JBridge in TARIOUS PEOHIBITIONS. 409 Eepaire ffor hors or ffoot, with Ms yearly Eevenue of flforty pounds 9^^^- of Tobaccoe p annum. 4'^. Upon y" psentment of Hoggs & v_ — ^-1_ Cattle that are soe tied as to reach Cross the Highe way in y° 1673-1683. night time. Ordered, that any person finding either hogg, Beast, horse or sheep tied across the path, or so as to reach cross the highe way, may Lawfully cutt y° Kope in peices, y" said pson reserving so much as will just tye the said Creatures soe bound up by the head, & pforming y" same. 5"'. The Grand Inquest psenting the way Wardens in Grenerall for their neglecte in not causeing the Comon pathes to be kept in good and sufficient repaire. Eeferred to the Eespective Councellors to see the way Wardens cause the Comon ways to be sufficiently repaired, upon y" penaltie of 20° for every one that neglects. 6'". The Grand Inquest psenting such Inhabitants as shall buy any strong Liquors to Eetaile without Lycence. Ordd : that y® Penaltie of 20% according to his Ma"°° Lawes bee put in execution. 7'^. Upon presentment of such persons as sound the ChanneUs Leading to y' Harbours. Ordered that none psume to doe soe without y Governors leave upon paine of Imprisonment. 8"'. Upon Complaint of some of y° Councill touching exportacon of Come. Ordered that noe pson for y* future Carry any Come out of these Islands into fforraigne parts, w "out leave and lycence of Governor & Councell ffirst had and obtained. These orders with Advice of Councill, beiug hereby made publicke tending to y° Glory of God, the Honour of y* King, the good and w'el- fare of y* Hono"'^ Company & this Country. It is to bee hoped that all good people will give cheerfuU obedience thereunto : And as to such as are refractorie & obstinate, they may expect to bee pceeded against as Contemners of Government. God save the King. Given under my hand at S' Georges the 13'" day of ffebruary 167f , Together with y" publique Seale of these Islands hereunto affixed. J. Hetdon. 21. At a Councell Table 2"^^ July 1675. [The Governor said] The occasion of this meeting is to informe you that I have received a Letter from y® Commissioners of y' Customs house, wherein I am Charged high about a ship called y' Providence James ffarmer Master, ffor their going into Ireland, and deliver- ing their Loading their contrary to Act of Parliament. RP James ffarmer & M' William Peniston offered to y° Councell this as a Eeason, they were inforced soe to doe by extremitie of Wether, and to make itt manifest they produced a Certificate they had paid the Kings Duties in Ireland, a Protest & a Certificate of a Survey, the result there upon was that these 410 A ROYAL LICENCE REVOKED. papers should bee sent to y'' Kings Customers in England by y^ next Magazeene ship. And in answer to what his Honour pro- 1673-1683. pounded concerning the Hono*'^ Companies Duties ; M'' Peniston answered that they had made a very bad voyage of what they carryed, by the storme & their being thereby inforced into Ireland, and thereupon they would peticon the Company to remitt it, butt if their Honors, when they understood the matter thoroughly, would nott remitt the taking of their Duties, then they would pay itt. M'' Peniston said likewise, y® quantitie of Tobaccoe they carryed from Bermoodas in y" said vessell was about Twenty ffive thousand or Thirty Thousand pounds. 22. It is not to be supposed that a company, pre- sided over by the Earl of Manchester, then Lord Cham- berlain, was without Court influence in the facile days of Charles II., or that Mr. Perient Trott was the only person capable of employing it for his own ends. The letter given p. 386 was, six months later, with equal formality, recalled as follows : — To Our Trusty and well beloved The Governor and Council in the Sommer Islands alias Bermuda. CHARLES E. Trusty and well beloved. We greet you well. Whereas We are informed by the humble Petition of our Trusty and well beloved the Governor and Company of the City of London for the Plantation of the Sommer Islands alias Bermudas, that our Eoyal G-randfather King James of blessed memory having by his Letters patent granted the Sommer Islands alias Bermu- das then uninhabited unto them, with power to make by Laws for the better management of the affairs of the said Company and Colony, the said Islands were thereupon planted and made defensible at the very great charge of the said Company, that they have been and still are at the yearly charge of many Hundred pounds for the maintenance of Officers, Ministers and supply of Arms and ammunition and other necessary expenses for preservation of the said Islands which they have no other way to defray, but by the duty of one penny per pound upon all Tobacco of the growth of the said Islands which hath been im- posed by several Laws of the said Company, and from time to time paid, and that by the Charter and by the Laws of the said Company made as well for securing our customs as the said duty to the Company, no member of the Company ought to send any goods into, or bring any goods from the said Islands, but in the Coiupany's Magazine Ships yearly sent by the Company, or by THE company's AUTHOEITY CONFIRMED. 411 leave from them, for the supply of the Inhabitants with Com- chap. modities, and bringing home the Tobaccos from thence.' And . j ^^i- whereas the said G-overnor and Company have further humbly 1673-1683.: informed us, that one Perient Trott a member of the said Com- pany, to the prejudice of the other members trading thither, and to avoid the payment of the said duties, hath contrary to the Laws of the Company and in contempt thereof, of late sent several Ships from hence to the said Islands, and by these and other Ships occasionally coming from thence, hath clandestinely brought over several great quantities of the said Tobaccos, and the better to carry on his said design, hath obtained our Letters, granting Liberty to him his factors and agents, so long as he shall continue a member of the said Company, as the other members thereof are; the said Grovernor and Company have further represented unto us that all the rest of the trading part of the Company were discouraged, and the Company rendered uncapable of sending a Magazine Ship for supply of the Islands, the Company's duties be unpaid, and they will thereby be utterly disabled either to support the G-overnment or preserve the said Islands there, and having therefore humbly besought us to recall our said orders and Letters. We taking the same into our Eoyal consideration, and that the said Letters were obtained from us upon misinformation and by surprise, have thought fit to signify unto you, that We have and do by these presents revoke and recall any such our Letters granted to the said Perient Trott, and in particular those bearing date the 17th day of August last : and that any thing in the said Letters to the contrary notwithstanding, he the said Perient Trott to be left to be governed according to the Laws and rules of the said Company, as other the members thereof are, and our will and pleasure is that you and all others whom it may concern, take due notice thereof and govern yourselves herein accordingly. And for so doing this shall be your Warrant. And so we bid you farewell. Given at our Court at Whitehall the 25* day of February 1674 in the seven and twentieth year of our reign By His Majesty s Coromand, J. William. 23. General Letter from the Company to Sir John Heydon Governor and the Council of Bermuda Sadlers Hall 12 August 1675. G-entlemen (1) We have received your G-eneral Letter bearing date the 20* of February last past sent to us by our Magazine Ship the > See Vol. I. p. 472. 412 SATISFACTION AT PEEIENT TKOTT's DEFEAT, CHAP. Fortune Captain Norwood Commander and also several other ' - Letters and papers in our box, all which (by the blessing of God) 1673-1683. arrived safe with us the 5* of April last unto which we give you answer. (2) That the second Letter procured by M"" Trott, from his Majesty dated the 17''' of August 1674 was obtained in a private manner and upon misinformation and accordingly we have got the same recalled by His Majesty's Letter dated the 25"^ of February last which we sent by Capt Whaley and likewise sent you several copies of the same by way of Barbadoes and New England which we hope are come safe to your hands, but least they have miscarried we now send you a copy of the said letter attested by our Secretary, of which you are to take notice and give credit to the same letter, and you may assure yourselves that for the future no more private Letters will be granted by his Majesty to M' Trott or any other for that his Majesty hath been graciously pleased to assure us the same, and we are re- solved for the future by the blessing of God to send a Magazine Ship in due time. (3) We in our last advised you that We had repealed and made void a vote of a General Court of the 29''' of April 1674, whereby any member was permitted to send any Ship or Ships to the said Islands and we then sent you a copy of our order of the 25 ■" August 1674 that repealed the said vote, of which we thought fit to remind you and that you permit no private ship but in all things comply with our said order of the 25'" of August, And we do hope that what we have done in getting M"^ Trotts Letter recalled and the care we have and shall constantly take for the good of the Island will sufficiently satisfy you that all private ships will be and shall be hindered and that no ship shall go but what comes immediately from us. (4) His Majestys Letter concerning M"" Trott with the Public Notarys copies of the same and your acts of Court and proceedings thereon we received and we could heartily have wished that instead of them you had not permitted M"" Trott to have laden any goods in regard his Letter from his Majesty was obtained upon surprise and did not bring our authority with it, but we hope for the future you will be very careful and let us be acquainted and receive our directions before you comply in any the like cases. (5) We take kindly the proposal concerning our Magazine Ship and we hope by this time you plainly see that M"" Trott hath been always the obstructor of the Magazine Ship and in all things acted his own private ends and advantage and that you now find that all his pretences have been mere fictions and that the Magazine Ship is most profitable. A MOKE PEREMPTORY TONE EVINCED. 413 (6) We again mind and charge you that you prevent the chap. bringing over Tobacco in private ships, and be very careful and watchful therein and as to the copy of the Letter of Attorney 1673-1683. you have sent us for sending over tobaccos in private ships, or any Letter of Attorney to send Tobacco in any Ship you are not to take any the least notice of the same nor of any other Letter of Attorney or authority sent contrary to the laws and orders of this Company unless the authority and dispensation of this Company comes along with it. (7) You acquaint us of the publication of our order pro- hibiting the burning of Cedar in making or boiling of Sugar, and that they that have set up such works being Freeholders judge it their privilege to make use of their own to the best advantage and that no man may lawfully enter upon their Freeholds, or attach or seize their goods without due course of Law. We do inform you that no man hath such an interest or property in his own lands goods or Estate with you no more than with us, but the same are subject to the good of the public. And we do charge and require that the Laws we have made for preservation of Cedar and all other our Laws and orders be by you the Grovemor and Council put in execution and that none of these or the like pretences hinder you from so doing. (8) We again mind you that it is our pleasure that the Freeholders shall find their own arms themselves, and that you put in execution the order by us made concerning the same and we do wonder that you still write to us for arms. ( 9) We do hereby order that by the Eeturn of our next Ship you send us an exact account of all Arms fixt and defective and for the encouragement of the country and that they may furnish' themselves therewith at the cheapest rate the Company will upon notice send such arms as they want at the same rate the Company pays for them. (10) We recommend the safety and security of the Magazine (which we are informed may be in some danger) to you the Grovernor and Council, and that you take speedy care therein, and that no house be built in the town but what shall be tiled or shingled : and that all the houses near the same be tiled or shingled. (11) We send you by this oiu Magazine Ship nine Copper Ladles fitted, eighteen Spunge Staves and Worms, Eammers Spunge heads and Shipknives, twelve iron crows, sixteen claws, for hands spikes, twenty four priming Irons and Bits, Sixteen quire Eoyal paper, two dark Lanthorns, one pair of Callipers, one Brass Level, one Gunter, one Quadrant, four Lint Stocks, one Stock Lock for the powder room. Three hundred weight of match, twelve drum heads and snaires, two hundred weight of 414 SKIZURK OF TBOTT'S EFFECTS BY THE COMPANY. CHAP, musket bullets, ten barrefe of Powder, fifty muskets, five . ■^^^- hundred flints, two hogsheads of Tarrise, and one barrel of nails, 1B73-1683. and expect your care in the use thereof. (12) As to Breretons Rent and the Spermaceti we have re- ceived it from the Sheriff but we expected to have found the Spermacetti better. (13) We still continue our former resolution and order that no dunnidge Kentilledge or fire wood be allowed this our Magazine Ship or any other our Magazine Ships, and we hope you will be as careful in preserving of Timber as you see we are. (14) The Certificates of the Hubbards we have received and are well satisfied therewith. We have received the Ship Masters bonds, as for the send- ing of Transcripts of the Bonds lost : it may be omitted until our further order, but for the future in all such bonds let the places of abode of the persons so bound be inserted in the bonds. (15) We take notice that you have received the field colours and other things we sent you and hope you will be careful in the use thereof. CIS) We do hope that according to an order in our last, you have made seizure of M'' Trotts goods, chattels, and lands, an account of which together with the returns of the produce and profits thereof we expect and require by this our Magazine ship ' And we do hereby order you that you do not free any of his goods, chattels, or lands until you receive our order for so doing, but that you go on and seize his goods chattels and lands that so we may be satisfied the moneys and duties he owes us, for he is now in the Companys debt near J500. As for the commission you say you have sent us, if the same came to our hands it hath been mislaid by our late Secretary, for we cannot now find any Such Commission, for that our order and direction is a sufficient warrant for your seiziug and extending the said M"" Trotts goods, chattels and Lands, and accordingly we hereby require you to take notice thereof, and you may assure yourselves that what you have done or shall do in pursuance of any the Orders or Laws of this Company, this Company will indemnify you for so doing. (17) We take well the dissolution of the late Assembly and for their proposals they shall receive such answer as shall be just and reasonable in due time. (18) As to what you desire in behalf of the Inhabitants that in case our Magazine ship arrive not in your harbour by ' This order is given p. 398. The sum was then £249 6s. id. A FEW SLIGHT CONCESSIONS MADE. 415 the 10* of March, or if she cometh and cannot take in all the ^^^F' crop, then, that liberty may be to ship the said Tobaccos in any ^- — ^-1— ship the rules of his Majesty's Customs, and the Companys 1673-1683< duties being observed and secured, we being very willing to comply with the Inhabitants in all reasonable requests do think fit, that the said Inhabitants (in case our Magazine Ship come not by the tenth of March yearly, or if she come and cannot take in all the crop for which she cometh) may (in every such case and not otherwise) have liberty to transport their Tobaccos of the last crop, but not other, to the Port of London and not elsewhere they complying with his Majesty's rules and paying his Majesty's Customs and the Companys duties, and we do leave it to the care of you the Grovernor and Council to secure the same, and to take security in the Islands of the persons that shall send the same, and such others as you shall think fit for the payment of his Majestys Customs and the Company's duties, and for that purpose you see and cause all such Tobaccos to be weighed, and send us over an account thereof, and we think good to mind you that you see that all Tobaccos be made according to the rules of the Company which if done we doubt not but the magazine ship we shall constantly send will be sufficient to carry away the whole crop and not leave any behind her. (19) We have chosen and appointed Francis Jones to be oiir sole searcher and have now sent him our warrant for that office and place, and do order you the Governor and Council to assist and encourage him in the lawful execution of his office. (20) You write to us to be mindful of the searchers who have been without satisfaction for their Labour. We order you to examine and certify to us who they are and what is due to them, what they have done and what benefit the Company have had thereby for we do not remember the Company ever received any fruit by their service, but upon your information we will do justice to them. (21) We have not received John Somersalls Petition but do think fitt still to continue M"^ Percival G-olding our School- master. We take notice what you write concerning the School Lands, and we shall give satisfaction to the Eight Hono"'* the Earl of Manchester therein, and we do order you to send over an exact account of all the School lands, what all the rents are, how and to whom disposed of and for what time. Our will and pleasure is that the Glebe Lands in case of vacancy be not parcelled out but let entirely together and that no waste of Timber be made. (22) The Ship we send over unto you is the Hopewell of London whereof Capt Eobert Smith is Master whose time to 416 THE WARWICK FAMILY SEIZE TROTT'S LAKD. CHAP, unlade and relade at the Island we have appointed to be forty . ■^^^- days and no longer, and we require you the Governor and Coun- 1673-1683. cil to take care that she be not retarded beyond that time nor upon any pretence whatsoever you permit or suffer any ship to take in any Tobacco or goods whatsoever till the said ship shall be first laden and shall be under sail, and upon her return towards the port of London, and further that you cause to be Laden aboard the said ship all the crop of Tobacco of the growth of the said Islands of this present year 1675 and that the same be not shipped upon or reserved for any other ship ; except such Tobacco as the Commander of the said ship cannot lade upon her, which being some of the Articles entered into between us and the Master and Owner of the said ship, and on our part to be performed we do intimate the same to you to the end they may be strictly observed. (23) We think fit to acquaint you that our aim and design was to have sent Captain Norwood to you again and for that purpose had agreed with his owners for a ship for him, but his owner not being able to get ready his ship within the time agreed upon, and he being gone out upon another voyage and so his retiurn uncertain, we have been necessitated to seek out another, and have got this with much difficulty and upon worser terms than formerly to the Traders by reason of your permitting so much Tobacco to go out of the Island in a private manner, the which discourages all persons to serve us. The Laws and orders herewith sent you we require to be forth- with proclaimed and strictly observed, (24) We have passed a Warrant under om- Seal to put the Hono'"^ Daniel Finch Esquire, Henry S' John, and Thomas Bar- rington Esq" into possession of the Lands by them in right of their wives, lately recovered of and from M' Perient Trott.' (25) We now send you M"" John Fowle, M"" of Arts of the Uni- versity of Dublin, which we have chosen and appointed to preach to Sandys and Southton Tribes, and order that M"' Edwards de- liver him the possession of the Glebe, and we pray you to receive him with all courteous entertaininent and give him all due encouragement. (26) Whereas you gave License to M'' John Farmer and M' William Peniston to carry out of the Island Tobaccos for the port of London, and you thereupon took security of them to bring the same to London, and to pay his Majestys Customs and the Company's duties. We inform you that such Tobaccos came not to London but were by them landed in Ireland, and ' These ladies were daughters and ultimately co-heiresses of Robert third Earl of Warwick, whose estates were divided in 1675, on the demise of the widow of the fifth Earl; see fuither under 1678. LAWS HABITUALLY DISREGARDED. 417 we have some reasson to believe that at the time of their lading chap. of them on board they did not intend them for London but only . ^^^^' . for Ireland, but we leave the examination thereof to you the 1673-1G83. Governor and Council : and if you find it so to be, that you exact the forfeiture of their bonds for so doing : and we hope what we have already said in this our Letter will cause you care that Tobaccos be not carried to any place save this port of London. (27) We order you to send us our full duties for the said Tobaccos so landed in Ireland by this our Magazine ship ; and that at the next division day you take care by our Sheriff or otherwise to choose to us principal Tobacco for the same and consign it to our Treasurer for our use. Whereas we have from time to time transmitted to you several Laws, and in particular one Law made in July 1671 for preventing the making up of evil and unmerchandizable Tobacco, one other made in February 1668 for the better sanctifying the Lords day, one other against Adultery and Fornication, one other for putting' out Children to service and to be apprentices, one other Law made in November 1663 against building of Ships and several other Laws and Orders for the good of the plantation, which notwithstanding our frequent writing to you to put the same in execution, you have not executed them, but on the contrary have taken little or no notice of them. We, finding that it is fruitless for us to make Laws and Orders here whilst execution which is the life of all Laws is neglected by you the Grovernor and Council and other officers there, and being willing to try you by all fair means and what one admonition more may do with you ; we do will and require you the Governor that if for the future you meet with any obstruction in putting any of our Laws and Orders in exe- cution. That you from time to time give us an account thereof in writing together with the names of the persons that cause or procure such obstructions, and in such case we reqidre you the Governor and Council to cause the same laws to be put in execu- tion any such obstruction notwithstanding, and we do peremp- torily require you the Governor and Council that you do forthwith yeild obedience to all former laws and orders as to those now sent you : and we cannot but let you understand that we are so sensible of the abuse put on the Company herein in slighting their Lawful authority, that we shall not for the future be put off with such trivial answers as we have hitherto received, but must of necessity take a course to put in such Governor and Council and other officers as shall yield ready and faithful obedience to our Laws and Orders. (28) As for Salaries at priesentwe are so much indebted that we cannot comply with the payment thereof, but it is our aim VOL. II. E E 418 APPEALS SANCTIONED AGAIN. CHAP, and desire to satisfy the same and clear our debts with all pos- , -^^^' . sible speed, and we hope the return of this our ship will effect 1673-1683. the same. (29) We have taken into consideration what you write con- cerning M' Vaughan and M"^ Trott, and upon hearing what M' Trott could say have ordered that no execution pass against M' Vaughan upon the same judgment. (30) As touching M"^ Meuerell's business, we understand you are doubtful whether you can issue forth execution upon the judgment by him obtained against Capt Philip Lea the exem- plification whereof you have received. Upon consideration had of the same we do think tit and order that you the Grovemor do without delay issue forth your warrant in the nature of a scire facias against the executor or administrator of the said Philip Lea to appear before you at a certain day, and time to be therein prefixed to show cause why execution should not pass upon the said judgment. And if they do not then appear, and show suffi- cient cause to the contrary that then you issue out execution against the said Executor or administrator to enforce them to pay and satisfy the said debt so far as the goods and chattels of the said Testator did amount unto. (31) The Malatto child called Penny we have committed and granted to M'' Sherlock and refer you to our order there- upon made. (32) As to what you write concerning the Sheriffs house, and his request to have a Lease for his encouragement to build a new house, we do not think fit at present to grant the same, but we think that you recommend the repair of the same to the next General Assembly or the new building with the materials thereof of another house instead thereof in some more convenient place, and that the one or the other be forthwith done accordingly as they shall think fit. (33) Whereas in our General letter to you bearing date the ninth day of November 1670 we did declare unto you that no appeal could regularly lie on the Ptffs side, he being nonsuited or a Verdict given against him, We having been given to understand the several mischiefs and inconveniences that have arisen to Pffs thereby, and that more are like to ensue, and that according to natural Equity and the course of other Com-ts, plaintiffs ought not to be denied appeals, and having taken the several Laws and orders of this Company concerning appeals into consideration, have repealed such former Order, and do now order that plaintiffs may appeal, and you are to take notice and to allow them appeals accordingly. We would willingly according to your desire have heard and determined the appeal of M' Edward Peade in the actioi. trott's estate, ordeks reiterated. 419 wherein Richard Apoweing was Pit : and the said M' Peade chap. deft ; but the said Peade is now a prisoner for debt, and no per- ._ , " son appears for him, nor for the said M' Apoweing to prosecute 1673-1683. the said Appeal so that we could do nothing therein. We have heard and determined the Appeal of William Eighton against Thomas Richards, and the appeal of John Bristow Sen'' against Mary Peaseley Widow, and refer you to our orders made thereupon. And we think fit to acquaint you that you may award exe- cution against the said M' Righton upon the said Judgment obtained by the said M"^ Richards against him unless the said M' Eighton produce you our order made on hearing of the said Appeal signed by our Secretary, (34) We have made choice of Richard Banner to be our Secretary to whose sign and firm of all orders and other writings you are to give credit and because his residence is at Sadlers hall the place of our meeting, you may direct all Letters and papers thither for us. (35) We have made our order that unless M' William Righton pay four pounds two shillings and sixpence due to us for Tobacco imported hither in the ship Fortune, that you Levy the same on his goods and chattels as by the order which we send you will appear, and so we recommend you to the protec- tion of the Almighty and remain your affectionate friends. Will Webb, Deputy. Sadlers Hall, 12 August, 1675. Postscript (36). Gentlemen, Since the writing of this our general Letter the ship Elephant hath arrived the which brings us a letter from owe Sheriff dated July the 5'" 1675, by which we are informed that not anything is done concerning the putting our order in execution for seizing M'' Perient Trotts estate for duties owing to the Company, and that the Council have determined at a Council Table not to have any hand, or give any consent for seizing his or any mans estate until a trial, we will and require you our Grovernor and Council that you do not dispute our order so by us made but forthwith execute the same and assist our Sheriff therein, and we expressly order you our Governor that in case any of the Council doth or shall refuse to execute or to be assistant in execution of the said order, or any other our orders, that then you fail not to send us over their names and demeanor that so we may deal with them according to their demerits, and we wonder that any of you should in the least fear that the Companys orders are not suffi- E e2 420 LAW FOK PRESERVATION OF CEDAR. CHAP, cient warrant for your acting and discharge, or that the Coilipaily ^ •^^^' . will let you or any of you suffer for any thing you shall act or do 1673-1683. pursuant to their orders. However you may perceive that we have by this our Letter taken care for your indemnity before this came to our hands. We rest, Your friends Will Webb Dept : S. Smith Geo : Waterman Henry Dandy, John Wiseman, John Chandler, John Browning, Hew Noden, Humph Meverell, William Milbome. 24. Enactments at a Quarter Court of the Bermuda Company, 23 June, 1675, inclosed in the foregoing letter : — (1) A Law against burning of Cedar in boiling of Sugars and to put in execution all laws and orders formerly made for preservation of Cedar. Whereas at a General Court held for the Company on the Eighteenth of September Anno Dmi : 1 674. It was ordered that all and every person or persons whatsoever that should hereafter plant any Sugar canes should not in the boiling and ordering of the same, burn any Cedair, whatsoever imder the penalty of the forfeiture of the sum of five shillings for every hundred. Notwithstanding which order several persons in the Somers Islands do still continue the burning of Cedar in boiling and ordering of Sugar, for prevention whereof and for the better preservation of Cedar in the said Islands. Be it ordained and enacted, and it is by the authority of this great and general Quar- ter Court ordained and enacted, that no person or persons whatso- ever shall from and after the publication of this Law in the said Islands, burn or make use of or cause to be burnt or made use of any cedar in the boiling or ordering of sugar in the said Islands, and that if and as often as any person or persons shaU bum or make use of or cause to be burnt or made use of in the boiling or ordering of sugar such person or persons so doing and being thereof convicted by his or their own confession or by the oath of one or more witnesses before the deputy Governor of the said Island or any one of the Council, shall forfeit and pay to this Company for every such offence and as often as he shall so do the sum of five pounds of moneys Sterling to be Levied by the Sheriff of the said Island by the distress and sale of the goods and chattels of the party so offending, rendering the overplus thereof to him after necessary charges in Levying the same shall be deducted, every of which said forfeitures shall be VARIOUS LAWS, 1675. 421 employed as follows (vizt). The one moiety thereof to the use chap. of the informer and the other moitey to the use of this Company ■^^^• towards defraying the public charge of the said Island, and the 1673-1683. said Sheriff is hereby ordered and enjoyned to employ and dis- pose of the said forfeitures towards defraying of the public charge of the said Islands, in such way and manner as the Deputy Grovernor and Council there shall from time to time under the seal of the Office direct and not otherwise, or in any other manner, and be it further ordained and enacted, and it is hereby ordained and enacted that all and every other the Laws and orders of this Company heretofore made for the preservation of Cedar in the said Islands shall for the future be strictly ob- served and duly executed. (2) A Law was also passed to prohibit the making of the unwholesome liquor called Eum, under a penalty of £20 for every offence. Also to impose a duty of 4c?. per Gallon on all rum imported. (3) A Law that all persons haveing Lande in the Somer Island shall enter their Claymes & that all Deeds and Convey- ances of Landes shall be Kegistered, and that ffeme couverte shalbe examined. Refers to a Law of 1629 that no mortgage or other convey- ance shall be of value unless enrolled with the Secretary of the Company within one month of date, in order that intending purchasers should have opportunity of ascertaining how the lands proposed to them to be sold stood engaged. Eefers to the great disregard of this Law, so that the Company are kept ignorant of their own members, and much litigation arises. Orders. That all Titles be registered within six months from the date of the present Act in England, or six months from the date of promulgation in the Colony in a book to- be kept by the Grovernor and Council for the purpose, in like manner all future deeds and conveyances, a fee of 6s 8d being paid for the engross- ing. Any feme convert joining with her husband in a conveyance of Land to be secretly and apart examined concerning her freeness and willingness to the same before the Grovernor or Dep^ Grovernor. (4) A Law that none shall sell drink or liquors without licence and for appointing 'how many shalbe so licensed. Eefers to the Act of Feb. 1669 {cmte, p. 288). The penalty of 20s for selling without licence has been found too little : adds 3 months imprisonment for a second offence. The number of licensed houses limited to two in each Tribe and three in S' Greorges, and one at the Ferry. On the !"*■ November in each year the Governor and Council are empowered and re- 422 DEATH OF E. NORWOOD, 1675. CHAP, quired to set the prices of all wine, punch, rum, strong waters^ . ^^^- . spirits or other liquors or driuk. Penalty for demanding more 1671-1683. than the proper price :€20. Free sale is permitted in the town of S' Georges during Assize time, provided the regulated price be not exceeded. (5) A Law for making all Negi-oes Indians and Mallatoes that shalbe brought into the Island to be forfeited : and to pre- vent conspiracy by them, and that their testimony in such case shall be taken one against the other. Eefers to the great number of such persons which are already upon the Island and are daily brought thither. Orders that after six weeks from promulgation, any negroes etc brought to the Island, without regard to ownership or nationality, are to be seized and sold for the benefit of the Company if they remain over 24". Those already there are not to be molested so long as they behave peaceably and enter into no conspiracies. (6) A Law that no proceedings in Law shall abate for want of form. (7) An order that there shall be but one Pilot in the Island, and for appointing him a Fee for the same, and that he shall not merchandize or be a Factor. 25. Eichard Norwood, the most eminent, and pro- bably the last siurviving of the original settlers in the Somer Islands, having been sent out under the Virginia Company to join Governor Moore as a surveyor in 1614 or 1615 (see vol. i., pp. 76 and 134), died at the age of 84, in October, 1675, and his will is subjoined in full. What little is known about him beyond the records of his public and private life contained in this work will be found in the Biographie Universelle, vol. xxxi. (1822), and in the Philosophical Transactions, vol. ii. The most important of his numerous works (says the Biographie) is his ' Trigonometry,' printed in London, in 1667, but the epistle dedicatory bears date 1634. The collection published under his name in 1694 is in three parts, of which this ' Trigonometry' is the first, which offers nothing remarkable. The second is ' The Seaman's Practice.' The third treats of fortification. It is in the second that the measurement of a degree is found. Maupertuis in his book on the ' Figure of the Earth,' informs us that Norwood's operations were completed in 1639. 1673-1683. E. noewood's last will. 423 Then follow descriptive particulars of his geodessic ^xvf " operations, which are given more fully in the Philosophical Transactions for 1676. He made the length of 1 degree of a great circle of the earth through York and London, 367,196 English feet; its actual length, by the latest determination for the surface of Great Britain, is 365,106ft.^ an error in excess of 57 ft. on 10,000 — large in relation to modern precision, but a good approximation for the day. The traditionary belief in Bermuda has always been that the tract called the ' Overplus,' which contains some of the best land in the islands (see vol. i. p. 229), was in some way secured for Capt. D. Tucker, and other influen- tial persons, by what in modern parlance is called a job. Since vol. i. was printed, the Editor has found in the Sloane MS., Ko. 750, in the British Museum, written about 1630, specific charges against Norwood, then a very young man, for lending himself to the selfish designs of Tucker, and so arranging his survey as to have an overplus precisely where it suited him to apply for a grant of land. , Copy of the Last Will and Testament of Eichard Norwood. Dated April 1, 1674. Proved November 3, 1675. In the name of Grod Amen. The fiBrst day of Aprill in the yeare of our Lord Christ Six hundred Seventy and ffoure I Richard Norwood of Summer Islands surveyor of Land. Some- time master of the free school there, being aged about 84 years, but of good and perfect memory, God be praised, doe make and ordaine this my last Will and testament in manner and form following, that is to say, ffirst I comend my soule vnto AUmighty God, my maker and my merciful [Ffather] in Jesus Christ who hath redeemed me by his precious Blood from the bondage of Sinn and Sathan from Hell and Everlasting damnation, hath obtained for me the forgiuenesse of my sinnes, peace with God and I trust everlasting Blessednesse in his heauenly kingdome. And I will that my body be buried at the discretion of myne executo" or superuisors of this my last will : and touching that temporall estate w"'' the Lord hath vouchsafed to me for my more comfortable subsistance in this present life. I will that it be disposed of in manner and forme following. Imprimis I ' I am indebted to the late Lieut.-General J. Cameron, R.E,, P.R.S., Superintendent of the Ordnance Survey, for this information. 424 VARIOUS BOOKS BEQUEATHED. CHAP, iriake constitute and ordaine my well beloved sonne Andrew . . , ' - Norwood liueing at Barbadoes, togeather with, my lousing i«73-i683. daughter Elizabeth "Witter liueing in Summer Islands, myne Executors of this my Last Will and Testament, and I doe glue and bequeath vnto my said Sonne & daughter my dwelling house, Schoole house, store house, and all other Edifices or outhouses to the same belonging, and my two shares of Land in Pembrooke Tribe w"" I bought of M' fforester, whereupon I haue built the said house, moreouer I bequeath vnto my sonne and daughter aiforesaide ffoure of my Bond Servants viz Negro Tom and his wife called Besse & their two negroe Sonnes, the one called Dick and- the other Tom. Item I giue vnto my sonne & daughter afforesaid all Gallens works in ffiue volumes. Item I giue & bequeath vnto my daughter Elizabeth Witter Crookes Booke of Annatomy also a great Bible in a large folio & well printed and bound w"^!" was giuen me by my ffather Allso Gardens annalls or history of Queen Elizabeths Eeigne & I desire her to preserue that Bible as well as she can, and be- queath it to her second sonne James Witter at her death or before if shee please : Item I bequeath to my daughter Ann Bowen ffiue pounds sterling to be paid as afforesaid And all that part of my wifes wearing apparell w"*" ffell to her by lott, w"" she may receiue of my daughter Witter. Item I giue vnto my grandsonne Eichard Witter for whom also I vndertooke in Baptisme ; two of my maiiuscripts w* amongst others are the perfectest I haue written in that kinde namely the one of Per- spectiue, the other of musicke : though neither of them bee perfected according to my intent : Yet if my sonne Andrew or Mathew desires a coppy of either of them, he may take sucK coppye,- Item I giue vnto him Mersonne his Booke of musick printed in Latine 1636 Item I giue vnto his Brother James Witter what other Booke or Bookes of mine not exceeding the value of three pounds that he shall desire within a yeare next after my desease, and the hiue of Beese fformerly deliuered him & the increase & profitt thereof w*out any further account. The rest of all my Bookes Manuscripts instruments and tooles, I will that they be equally parted betweene my two sonnes aforesaid Andrew and Mathew. Item I bequeath vnto my Brother in law M' John Gilpin that married my sister Elizabeth deceased and to his two eldest daughters by my said sister ; not knowing whether hee haue any more children, tenn pounds sterl. there being about so much in money & goods giuen to him and to my said sister his late wife and his said two daugh- ters by my ffathers will ; namely to him, and to my said sister fiiue pounds sterling and some bedding, and to his two daughters twenty shillings apeece as I remember w*^*" I offered to haue paid NORWOOD UNPAID FOE HIS SURVEY. 425 Mm in England before I came from thence w"'" is about 37 yeares CHAP, since, but that- he refused to giue me a generall acquittance to . ^ ' - saue me harmlesse, such as I was aduised by some learned in 1673-1683. the Law to take of him. and others to whom I paid Legacies, and since I came out of. England I neuer heard from him but once w* was shortly after my coming hither. I know not whether he be lining or where he is, wherevpon the said legacie is yet vnpaid, but my will is it should be paid being lawfully demanded and fine pounds more, that is ffifty shillings apiece to the two daughters for y^ forbearance. Item. "Whereas o"^ Hon*"** Company for Somers Islands are indebted to me for the Eenew- ing of y° survey of the whole Country by there order and ap- pointment, about ten yeares past Anno 1663 & as I vnderstand by my Agent and Attorney Capt John Jenkins, they haue by warrant to there Treasurer ordered him to pay me, or to my said attorney flSfty pounds sterl : if the same be accordingly performed and paid I doe further giue & bequeath vnto my sonne Andrew aforesaid, and to his children ffifteene pounds, leaueing it to his discression to giue to his children there part & how much, when he shall thinke it meete. Item I doe giue & bequeath vnto my sonne Mathew afforesaid besides what I iformerly bequeathed to him ten pounds sterling not knowing whether he haue any more children Item I giue & bequeath vnto my daughter Elizabeth Witter before mentioned, I ffurther bequeath to her & her children here vnder nominated ffifteene pounds sterl. namely to herselfe three pounds and to each of her children ffourty shillings — that is to say, to James Witter 40s to Thomas Witter 40s To Samuel 40s to Eachell 40s to Jonathan 40s to Elizabeth 40s IteTTh I doe constitute and ordaine my welbeloved sonne Andrew Norwood & my said daughter Elizabeth Witter my sole Execu- tors of this my last will and Testament and my will is that they may nominate and appoint any other in their absence or other- wise for the due performance hereof. Item I constitute ordaine and make my children and well beloved ffriend Capt Samuell of Pagets Tribe the superuiso' of this my last will and Testament to see the same deliuered and truly executed and performed according to my true meaneing and my Trust herein expressed: moreouer whereas dureing my wifes lifetime there was some Tradeing betweene my wife and my wife and my said sonne Andrew and when shee died he say as shee was endebted to him for two or three negroes, or to that v . . e though for my part I know no such thing, but ought to have knowne it if any such thing were, I did presently vpon her death let him haue a young negro man called Auora, & so he might haue had the rest be it one or two, if he had demanded them, or had really thought that so much was due vnto him : he hath further had an Indian 426 BEQUESTS OF SUNDRY SLAVES, ^^^' manservant of mine called G-eorge which he transported to > ,— !_^ Carolina & there left him, of whom he had fours or ffive yeares 1673-1683. seruice before his Transportation. Besides the vtter losse of my seruant w* I am neuer like to haue again, & the losse of Indian Besse w"" died in his seruice when shee has serued him about six years all w* may sattisfy him for the two or three negroes w"*" he claimed to bee due from my wife Item I bequeath my Boat Sayles & appertinances to my Grrandsonne Samuell Witter and also my tooles or instruments for surveying & navigation. Item I bequeath vnto Samuell Witter ffive pounds sterling Item to Thomas Witter 20s to Jonathan Witter 20s to Eachell Witter 40s Item I giue vnto the said Eachell Witter a negro boy called Will of about a year and a halfe old, borne & now dwelling in my house which formerly I had promised her. And con- sidering the vncertainty of the things of this life, and of what I shall leave to satisfy my debts and charges : my will is that what estate I leave my debts being paid &c. may indifferently be distributed to them among whom it is bequeathed so that what is wanting in money may be paid in other goods : if other goods also be wanting then to abate so much out of the Legacies as the goods wanting comes to in proportion : according to each man's part, to him or her bequeathed : there are moreouer some things that I haue not yet disposed of in my will : as of a negro man called Agge & dwelling in my house, of a negro woman called new Besse dwelling also in my house, of an Indian woman called Mary dwelling also in my house, of an Indian girl called Nan & dwelling in my house also, of a negro woman called Merea & dwelling w"" Dauid Watkins, of my cowes, steeres, heififers, sheep, hoggs, household stuffe & Bedding, Plate, Pewter, Brasse, Chests great and small, my Beefe at home and abroad these I doe purpose generally to dispose of, if the Lord continue me life and health. If I should depart this life before this bee done, my will is that all those goods not disposed of in my will be indifferently valued by the superuiso'' of this my last Will and Testament, and that value equally and indifferently distributed & parted amongst my jBfower children aflforesaid. namely Andrew Norwood, Mathew Norwood, Elizabeth Witter, Anne Bower, And if any of these depart this life before they haue received their afforesaid Legacies, my will is that those Legacies should be equally diuided amongst those that then suruiue of my foure children afforesaid Item I constitute, ordaine and make my Christian and well beloued ffriend Capt John Bristow Junio"^ another superuiso' w* Capt Samuell Whally of this my said Will & Testament, to see the same deliuered & truly Executed & performed, according to my true meaning & my trust in them reposed. Item I bequeath OF CHILDBEN BORN IN SLAVERY. 427 vnto the aforesaid John Bristow the sum of 40s or to that value chap. & whereas my loueing ffriend M' William Pitte is well ac- . -^y^' . quainted with my affaires, I doe giue and bequeath vnto him the 1673-1683. summe of 20s to the Intent he may be helpfuU to my Execute'" and Superuiso" afforesaid by his aduise in the performance & execution of my said will And whereas I vnderstand by Capt Whally that he is shortly to depart from hence into England, and soe not be here present when this will is to be executed I doe constitute ordaine & make my trusty & well beloued ffreind M' John Bristow Senio* another Superuisor with his sonne of this my said Will & Testament, to see the same deliuered and truly executed and performed & I bequeath vnto him the summe of 40s In witness of the premisses I haue subscribed my name and sett my scale the day and yeare ffirst aboue written. EiCHAED Norwood (g). Tested p vs. William Pitt The mark i of John Squier^ John Bristow Martial. Memorandum that vpon the third day of November 1615 personally appeared before Sir John Heydon K* Groverno' & ordinary of these Islands the aboue William Pitt John Squier & John Bristow Martial, Witnesses, and averred vpon their Oathes that they saw the aboue written Norwood, signe & scale y° aforewritten premisses as his last Will & Testament William Pitt &c. Testis CoENBLirs White Secretf. 26. The custom in Bermuda that when slaves, the property of different owners, intermarried, their offspring should be divided between the owners of the parents, has been more than once brought to our notice. It was the only arrangement possible, and, owing to the small extent of the islands, did not necessarily involve greater separa- tion of families than free labourers are accustomed to. The following document is a good example of it : — The attestation of Arthur Weekes taken before S"^ John Hey- don K' & Governo" this 12* day of January 167f . Upon Oath. This Deponant declareth that as I was goeinge upp into the maine, M" Harvey desired mee to goe alonge with him to M' Basdens to take notice that hee was goeing to make a bargaine betweene M"^ Harveys Man Negroe, and M"" Basdens Negrooe 428 ENQUIRIES OF THE PRIVY COUNCIL. ^^^F' woman about Mariage, when I came there they had some dis- • r-L-, corse with the Negroes, whether they were willing to have one 1673-1683.. another or noe, they being willing, M' Basden and M' Harvey did both agree that they should Marrey, And that M' Basden should have the first Childe, and M'' Harvey y* next that should be borne, and soe successively, and that M'' Harvey should pay the Midwife for every such Childe as should ffall to his lott, and to finde the Childe clothes for one yeare, and at the yeares end M"" Harvey was to pay to M' Basden fforty shillings, and that at that present they could not conveniently have this Agreement then put in writeinge, but M'^ Harvey said it should be done som other tyme and this they agreed upon. Ye marke of Arthur x Wbekes. 27. His Ma"^ having been pleased to dissolve and extinguish the late Council of Trade and Forreign Plan- tations, and to commit what was vnder their inspection and management to a Committee of the Privy Council appointed for matters relating to Trade and Porreign Plantations; Their Lo^' on the lO"" of April 1676 signe a Circular Letter, with several Heads of Inquiry, to the Governor and Company of the Bermuda Islands. The Letter is as foUoweth : — ^ After our very hearty commendacons vnto yo" His Ma*^ having, in His wisdom, thought fit to supersede the Commission by which his Council of Trade and Foreign Plantations lately acted, and thereby restoring all y^ business of that nature to its accustomed chanel of a Committee of His Privy Council, And His Ma"" having more especialy committed to a select number of y" Board, whereof wee are, the care and management of things relating to his Plantations : Wee have therefore thought it con- venient to give you advertisement thereof. And because wee doe not as yet find ourselves enabled to give His Ma'^ such account of the state and condition of that Colony as his Eoyal Service and the dependance thereof vpon the Crown does re- quire ; Wee have therefore thought fit to send you (as wee have done to others) some Heads of Inquiry .here annext, the better to guide you in the method of that state and representation of things which wee expect from yo", and doe desire it may bee done with all convenient speed. And soe not doubting of your care to advise vs farther in all matters that may from time to time conduce to his Ma"''^ ser- • ' Colonial Entry Book,' Bermuda, vol xvii. p. 49. THE BERilUDA COMPAKr'S ANSWERS. 429 vice, and our better discharge of the trust reposed in vs, Wee chap. bid you very heartily farewell. From y" Council chamber at ^^^- Whitehall, this tenth of April 1676 iezs-iessT Finch C. Ormond, Anglesey, J. Bridgewater, Carlisle, Craven, G-. Carteret, H. Coventry, J. Williamson. Egbert Southwell, The heads of Inquiry and Answers of the Somer Islands comp'^ thereunto, are as foUoweth, viz* : — 1. Q: What Councils, Assemblys, and Courts of Judica- ture are within your Islands, and of what nature and kind ? Ans : The said Islands were about the year 1 609 dis- covered by the English, being then vninhabited and not vnder the power of any Forreign Prince. And y' said Company, having purchased the soyl of the said Island, were incorporated in the IS*" year of King James by the name of the Grovernor and Company of the Citty of London for plantation of the Sommer Islands and thereby had the sole Groverment committed to them, with a power to make, ordain, and establish Laws, Forms, and ceremonies of Groverment and Magistracy as neer as might bee to the Laws of England. The said Islands are governed subordinatly by a Deputy G^overnor and his Council. The Dep"^ Grov' hath his Commis- sion from the Comp* here, and his Council are eight persons of fidelity and cheife note in the Island, one chosen for each of the eight Tribes, and there is alsoe a Sherif and a Secretary for the Island who are alsoe of the Council. The said Deputy Grovernor, Council, Sherif and Secr^ are chosen yearly by the Company here, in one of their four Quarter Courts. By a Law of the Company a Greneral Assembly is constituted consisting of the Grovernor and Council and forty persons chosen by the respective Tribes, who have authority given them to draw vp and present Laws and Orders to the Company which Laws and Orders, if confirmed by the Company here, in one of their Quarter Courts, are binding and not otherwise. Two Greneral Sessions or Assizes are held every year, by the Grovernor and Council, to hear and determine all Causes both Criminal and Civil, all which Causes are tryed by Juries. 2. Q: What Courts of Judicature relating to the Ad- miralty ? Ans: There is no particular Court of Admiralty. But, vpon occasion, the Governo' and Council determine Maritim Causes. 3. Q : Where the Legislative and Executive Powers of y® Groverment are seated ? Ans : The Legislative Power is in the Company ; and the Executive Power in the Island. 430 LOCAL LEGISLATION DENIED. CHAP. 4. Q : What Statutes, Laws, and Ordinances are now made . ^y^- and in force ? 1673-1683. Ans : The Comp* have made several Laws and Orders the which are contained in their Books. All which they humbly conceive are pursuant to their power, and noe ways prejudicial to the Island ; and are ready to produce such of them as shall hee desired, but cannot set forth every particular Law or Order, for that they are many in number. * 5. Q: What number of Horse or Foot are within the Islands, whether they bee Trained Bands or Standing Forces. How they are armed, divided and exercised ? Ans : There is in the Island six Companys of fifoot in trained Bands in number about one thousand Men armed with musket and sword. The Dep"^ Grov"^ is Captain General ; the six ffoot-commanders commissioned by the Comp* here. These are constantly mustered at the least four times every year and oftner in time of Warr. * 6. Q : What Castles and Forts are within your Islands, and how situated and fortified ; as alsoe what Stores and pro- visions they are furnished withall ? Ans: One Castle called the Kings-Castle, and one ffort called Southampton-Fort situated in the entrance into y® Castle- Harbor. Two fforts, viz* Padget's and Smith's Forts at the entrance into the Town-Harbour, all furnished with provisions annualy, at the charge of the Company ; w"*^ fforts are attended and served by the publick Tennants. The Island naturaly for- tifyed and with great difficulty to bee took. * 7. Q : What number of Privateers or Pirats doe frequent the Coast, What their burthens are, the number of their Men and Gruns, and the names of the Commanders ? Ans : Noe Privateers nor Pirats doe frequent the Island. 8. Q : What is the strength of your bordering Neighbors, whether Indians or of any other Nation by sea and land ; and what is the state and condition of their Trade and Commerce ? Ans : Virginia, Carolina, and the Bahama Islands are our Neighbors, planted with English; and their Trade Tobacco, Furrs, and Wood. 9. Q : What Correspondency doe you keep with your Neighbors ? Ans : We trade with our Neighbors in all sorts of Pro- visions. * 10. Q : What are the Boundaries, Longitude, Latitude, and contents of Land within your Goverment. What number of acres patented, setled or vnsetled, and how much is manurable land? Ans : Bermuda is a Eidge of land lying neerest NE' b. E* and SW* b. W* but rounding and in the broadest part of it TRADE AND COMMEECE, 1677. 431 "but two miles broad, and in the narrowest but halfe a mile. It ^S^- lyeth in the chops of the Grulfe of J'lorida, having West Longi- _ — , '-- tude from the Lizard 58 deg : 20. It's twenty two miles long. 1873-1683. It lyeth in the latitude of 32 deg : 20. The 8 Tribes subdivided into 50 shares 25 acres to each share, besides the public lands appropriated for the maintenance of the Groverment all setled and inhabited, 11. Q : What are the principal Towns and places of Trade? And what manner of buildings are most vsed in y® Island, as to y" strength & largeness of them ? Ans : The only Town is S' Georges, where the Deputy Grovernor constantly resides, the places of Trade are in the Storehouses of the Inhabitants. The houses are generaly built of Cedar, none exceeding two floors and Garrets. 12. Q: How many Parishes, Precincts, or Divisions are within yo' Corporation f Ans : Each Tribe is a distinct parish. 13. Q: What Elvers, Harbors, and Eoads are within Islands, and of what depths and soundings they are? Ans. Noe Elvers, two Harbors, noe Soundings out of sight of land, but very good ground eight fathom deep in the Castle Harbor, and five fathom in Town-Harbor, and y° coming in 18 foot, and 13 foot at Low-water. * 14. Q : What commodities are there of the production, growth, and manufacture of your Plantation, and of what yearly value, either exported or consumed vpon the place, and what materials are there already growing, or may bee produced for shipping : as alsoe what are the Commodities imported, and of what yearly value ? Ans : The Commodity of the Island is Tobacco of which there is annualy exported and consumed in the Island about y" value of five thousand pou'nds sterling. There is some Timber growing than which there is nothing else growing or may be produced for Shipping. The Commo- ditys Imported are all sorts of wearing apparrell and houshold goods and some liquors. The Export to other Neighbour-Islands are Beef, Pork, Fish, Wax, Honey, Palmetto-hats, Baskets, and Woodden ware. All about the value of six thousand pounds p ann. * 15. Q : Whether Saltpeter is or may bee produced within your Plantation : and if soe, in what quantity, and at what rates it may bee delivered in England ? . Ans: Noe Salt can bee got in the Island, nor Salt- peter. * 16. Q : What number of Merchants and Planters, English or Forreigners, Servants and slaves, and how many of them are Men able to bear armes ? 432 ESTIMATED POPULATION. CHAP. Ans : About four Merchants English, noe Strangers, . ^^^- about foure hundred Planters, about eight thousand Men, 1673-1683. Women, Children, and Slaves, about a thousand White people able to bear armes. * 17. Q : What number of English, Scotch, Irish, or For- reigners have (for these seaven years last past or any other space of time) come yearly to plant and inhabit within your (xoverment. And alsoe what Blacks and Slaves have been brought in within the said time, and at what rates ? Ans : Noe English, Scottish, Irish, or Forreigner, come in seaven years past to plant there, the Island being fully peo- pled, and the Inhabitants, in all conjecture, eight thousand men, women, and children. About fifty Blacks have been brought in with seaven years past, and sold at about fifteen pounds p head. * 18. Q : What number of Whites, Blacks or Mulattos have been born and christned, for these seaven years last past or any other space of time, for as many yeares as you are able to state an account of? Ans : About one hundred and twenty of Whites, Blacks, and Mulattos are born in a year, and about halfe of them Christned. * 1 9. Q : What number of Marriages, for seaven years last past, or any other time for as many years as you are able to state an account of? Ans : About 30 Marriages in the year in the whole Island, besides y^ Blacks. 20. Q : What number of people have yearly dyed within your Groverment, for seaven years past, or any other time, for as many years as you are able to state an account of? Ans : About twenty persons a year may have dyed, com- munibus annis, for seaven years last past. 21. Q: What Estimate can you make touching the Estates of the several degrees of Merchants and Planters within your Groverment ? And how you may compute the wealth of the Island in general ? Ans: The Estates of the Merchants and Planters may bee about a hundred pounds each ; and the wealth of y" whole Island about Twenty thousand pounds. * 22. Q : What number of Ships, sloops, or other Vessels doe Trade yearly to and from your Plantation, of what built and burthen, and whether there bee any belonging to the. Country ? Ans : There comes ten or twelve sail of small vessels yearly from New England, New Yorke, Barbados &c to trade in the Islands for Provisions &c Besides eight, or ten more may KELIGION OF THE PEOPLE, 1677. 433 touch at the Island in their passage to and from other places, chap. There is about thirteen or fourteen ships or vessels belonging to . ^^^\ . the Island, the biggest whereof is about fourscore tuns, the least 1673-1688. about twenty tuns. 23. Q : What Obstructions doe you find to the improve- ment of the Trade and Navigation of the Plantations of your Groverment ? Ans : Noe obstruction to Trade or Navigation. 24. Q : What Advantages and Improvements doe you ob- serve that may bee gained to your Trade and Navigation ? Ans .- Noe advantage to bee made. 25. Q : What Eates and Duties are charged and payable vpon any goods exported out of your Plantation, whether of your own growth, manufacture or otherwise : as alsoe vpon goods imported. And likewise what other Revenue doth or may arise within yo' Groverment, and how the same are applyed &c. Ans: Noe Duties charged and payable vpon any goods exported or imported either of the growth of the Island or otherwise, except a Duty of four pence p gallon on Eum noe part of which hath as yet been levied ; but when any is it's to bee applied to publick vses in the Country. And alsoe a duty of about a penny in the pound vpon Tobacco brought into England and paid here by the several Merchants that import the same and imployed for the public vse of the Company and Country. 26. Q : What Perswasion in Eeligious Matters is most prevalent, and among the varietys which you are to express what proportion in number and quality of people the one holds to the other ? Ans : The Presbiterian Persuasion is most prevalent, they being reckoned to bee two Thirds of the whole, the other being Independents, Anabaptists, and Quakers.' 27. Q : What course is taken for the instructing of the people in the Christian Eeligion ? How many Churches and Ministers are there within your Corporation, and how many are yet wanting for y° accommodacon of yo' Island ? What pro- vision is there made for their maintenance ; as alsoe for relieving poor, decayed, and impotent persons ? And whether you have any Beggars or idle Vagabonds ? ' The Established or Episcopal Church is here left entirely out of the account, although every minister appointed for years past appears to have been in Episco- pal orders. The explanation is to be found in a strong non-conformist element in the Company in London itself, and in the total absence of church discipline in the Colony, which ended by obliterating the distinctions between Episcopalian and Presbyterian Protestantism. See p. 444. F F 434 ADVENTURES OF ELIZABETH CAUTER. CHAP. Ans : There are nine Churches and five Ministers, -which . •^ ^^' - are sufficient to supply all the Churches. Each of them have 1C73-1683. forty pounds per anii allowed by the Company, a house and two shares of Land. There are some poor indigent pisrsons, but noe Beggars in the Island. Signed, by order of Court, the 15* of July 1679. GriLL: Geeaed. Dep.' 28, At a Councell Table 20*" Aprill 1676. (1) Ques. Whether Elizabeth Carter Quaker, shall bee sent away in y® ffirst ship or opportunitie. According to y° Com- panies Order, Voted yes. Ques : Who shall pay the Charge of her Transportation, the goods belonging to y° ship she came in, or Solomon Eobison ? Cornelius White and M' Durham did not know certainely to determine where it shall bee paid. M' Thomas Wood, M"^ Turner, Henry Tucker, William Peniston, Capt Hubbard, An- thony Jenour Sherrife & Sir John Heydon K' & Governor, vote that Solomon Eobison pay for her transport and bear the charge M'' Wainwrighte, shee should bee sent away, & the person sell her for her passage, if she did not pay for itt. Ordered, that a Warrant be forthwith Issued forth for y^ ap- prehending y^ aforesaid Elizabeth Carter, in order to her sending away. And that the Sheriffe agree with y° Master of such vessell or ship that will entertaine her for her passage, and y" Charge thereof, with y" Charge of ffindeing her, and bringing her Aboard, to be Levied upon y° Goods & Chattells of Solomon Eobison, by y" Sherriffe aforesaid. (2) Such being the dry official record of this act of intolerance, we turn to the History of the Quakers for a more sympathetic narrative : — We return to Elizabeth Carter who some considerable time after her Banishment as aforesaid (see p. 379) was again con- cerned in Mind to return to Bermudas and visit her Friends there, but the Governour, being informed of her Arrival, would not suffer her to land, but ordered her to be taken out of the Vessel she came in, and immediately put on board a Ship bound for Virginia, which carried her thither. After some stay in Vir- ginia, the same Vessel being bound from thence to Barbadoes, the Place of her Eesidence, she took her Passage thither in- tending to go Home. But the Vessel in her Voyage proved exceeding leaky, and the Master being near Bermudas, intended ' The questions marked -with an * were referred by the Company to the local authorities by letter of 23 Feb. 167f. The return waH furnished to Committee of Council in 1679. BANISHED A THIRD TIME. 435 to get in there and have her mended, But the Winds being chap. boisterous, and one of her Sails split. She was cast upon a Eock ■^''^'• and beaten to pieces, but through the good Providence of God, 1673-1683. the said Elizabeth with the rest of her Company were preserved alive, and got safe on shore about the End of the First Month 1676. Anno 1676. Being thus providentially cast on shore, she continued there about a Month or five Weeks, after which the Grovernour issued his Warrant to apprehend her, which Warrant coming to the Hand of Thomas Witter, a Constable of Warwick Tribe, he entred an House where he causelessly suspected her to be, and searched even the Chests and Beds, though to no Purpose, for the innocent Woman would not have hid herself. At length he casually met with her on the Highway as she was riding to see some of her Friends, and not perfectly knowing h^r, enquired who that Woman was, but the Person who was with her not giving him Satisfaction, he, on his own Suspicion, having neither his Warrant nor Staff with him, ran rudely to her, and seizing the Bridle of the Mare she rode on, stopt her and set a Guard upon her, calling her Witch, and using other abusive Language. She seriously admonished him and the rest to have a Cair of their Actions, But the Constable in an angry Manner, ordered his Assistants to drag her to the next House, which they did. As they were dragging her along, Captain Dorell, an old Persecutor before mentioned,^ passed by, and scoffingly asked. What they had got there, a Beast ? To which Elizabeth meekly answered. No. a Christian. She also said, They might be ashamed to use a Woman in that Manner, who had been providentially cast among them, and to whose Charge no Evil could justly be laid, but she well knew it was the Por- tion of the People of God in all Ages to suffer Persecution, and it was no new thing to her. After much ill Usage the Constable caused her to be slung in a Eope, and to be carried by two Lads to the Sea-side, where she was put into a Prison provided for her, and there kept so close, that several of her Friends and Acquaintance were refused the Liberty of seeing her. While she was thus confined, her Condition and Sufferings were represented to the said Governour John Heyden, and Anthony Jenour the Sheriff, but no Eelief could be obtained, for they and others were so incensed against this innocent Woman, as to resolve upon her Banishment the third Time ; and accordingly, on the 24'" of the third Month 1676, the Goaler came and forced her on Shipboard: And be- cause two Persons, viz. James Wright and George Stevenson refused to assist at his Command, alledging that it was against their Conscience so to do, they were committed to Prison. P F 2 486 Barclay's apology foe the Quakers. CHAP. Also one Stephen Bullock, a Master of a Ship from Baiba- . ■^^^- , does, who voluntarily, as a Friend and Acquaintance, went with 1673-1683. her in the Boat, was sent to Goal, and when Solomon Eobison and William Eighton, two of his familiar Friends, came to visit him under Confinement, they were lockt up all Night in the nasty Goal, a Place full of Vermin, and fitter for Dogs than Men, By the continued series of Sufferings inflicted on the said Elizabeth Carter, it may be observed, with what a peculiar Severity and Eigour the Magistrates of this Place did prosecute this harmless "Woman, merely for the Offence they took at her reproving the Vices of them and their People. For the Preju- dices of Men, hardned in evil Practices, are most keen and violent against their Eeprovers, and generally forward to turn the Edge of the Laws against those, whose Admonitions make them uneasy in the Commission of Vices, from which they are unwilling to be reclaimed. About the 13"" of November this Year, one Edward Hinsh- man, a reputable Trader of Barbadoes, who had formerly been a Master of a Ship, came hither, but was not suffered to stay long on shore before the Governour obliged the Master of the Vessel he came in, to carry him away again, binding him in a Penalty to perform the same. The foregoing being the Substance of what has come to our Hands, respecting the Sufferings of this People in Bermudas, we shall proceed to the Island of Antigua.' 29. At a Councell Table 9*'' May 1676. (1) The Hono"'" Governor moved to y° Councell that y cause why he had sent for them, and soe y° principall cause of this meeting was about a new Designe of Whale fBshing wch some of the Inhabitants had sett upon, wch in part hath bin dislikt by y° Hono^'° Company heretofore, upon wch it was ordered that two of y* said psons, and not y® whole body of them, should come into Court as y' mouth of y" rest. And shew by what ' ' a Collection of the Sufferings of the People called Quakers,' hy Joseph Besse, London : 1753 (vol. ii. pp. 366-370). The Barbadoes Legislature passed an Act in 1676, to prevent the people called Quakers from bringing negroes to their meeting. It commences by stating that, ' whereas of late many negroes have been suffered to remain at the meeting of Quakers as hearers of their Doctrine, and taught in their Principles, whereby the safety of this Island may be much hazarded, Be it enacted, &c.' [that any Quaker bringing his own slaves should incur the for- feiture of them, and every person present be liable to a fine of £10 for every slave present not his own property].' 'Laws of Barbadoes,' p. 97. This was renewed in 1681. It was not until 1722 that Quakers in Barbadoes were allowed to give testimony by afBrmation. The famous ' Apology for the True Christian Divinity as the same is Held Forth and Preached by the People called in scorn, Quakers,' by Robert Barclay, dedicated to Charles II., appeared in 167fi. DISPUTES OVEE THE WHALE FISHERY. 437 power they sett upon this new designe of Whale fishing, as ^J?vi''' likewise that M' Perient Trott, M' Samuell Trott, M' William — - ^ Milborne come into Court and shew by what authority they 1673-1683. ffish for whales, upon wch, they being called came into Court. And likewise Capt John Darrell Sen', and M"' Anthony White in behalfe of y° rest for y° new Designe of Whale ffishing. And after some Discourses past. The result of y" New Whale fishers pretence was the Grrant of his Ma"° in his letters pattents and y* Deed of j' Hono"'" Company graunted for Confirmacon of their Lands under their Common Scale as more at large it doth and may appeare by a writeing presented to y" Grovernor & Councell with severall hands to it, bearing date the 29'" Aprill 1676. (2) M' Samuell Trott produced for his authority of ffishing, a Lease made by y° Somer Islands Company to the Adventurers in y" Whale ffishing for Ninety Nine yeares. Attested under the hand of the Secretary of the Company, W" Minors, beareing date j" 30'" June 1669. The Grantees Lease made to any seaven of y" Grantees attested by William Minors Secretary, beareing date the 20'" December 1671. a Letter of Attorney ffrom M"^ Thomas Crooke to M"^ Samuell Trott of Whale ffishing, beareing date the first day of January 1671. M' Will: Mil- borne produced a Lease of Demise by M' William White of y° Whale ffishing in Bermoodoes for 4 yeares from Christmas, beareing date y" 3P' of August 1675. After all wch, it was putt to the Question by y° Governor, Whether the person that have sett upon y" new ffishing, shall desist or not. Cornelius White Secretary desist until further order from the Company. Capt John Hubbard, y° same as y° Secretary. M' Lecrayft, M"^ Wood, M' Durham, M' Turner that they may goe on in their ffishing. M' Wainwrighte, sease for this tyme. M'' Anthony Jenour SherrifFe, that both y° one and the other seise ffishing. And y* reason why Samuell Trott because Crookes Deed and Letter of Attorney is not proved before us. Sir John Heydon K' & Governor, that Anthony Peniston seise at this season, for he Judges that Samuell Trotts authority is better than Anthony Penistons to ffish. Quest: Whether y° Writeings shall be Coppied by the Secretary and sent to y' Company or no. Voted yea. 30. At a Councell Table 2°^ June 1676. (1) The Hono. Governor propounded the occasion of this meeting is about a Sperma-Cety Whale that had been found, and his order issued fforth to y" Sherrife to hinder any persons from medling with y' said Whale, wch hath not bin obeyed. 438 A SPERMACETI WHALE, 1676. CHAP. M"^ Thomas Wood Councellor, being one of the psons that ^^^- . hath had a hand in j° opposing of y" Sherrifife in y° naanage- 167S-1683. ment of the Sperma Cety Whale, it was moved whether hee should sitt upon y" Bench or not. Voted unanimously in y° Negative, and thereupon he withdrew, After wch, y° Governors Warrant was read, directed to y" Sherriffe, and y® Sherriffes re- turne to y^ Warrant. The Complainte of M"" Anthony Jenour Sherife to y* Governor & Councell that Daniell Hill, John Hill, Jonathan Witter and John Ward had seized a Sperma Caty Whale upon y° 23'* day of May 1676 in y° hehalfe of y" Hono"'® Company, and mored & kept posession of the same, and after seizure of y° said Whale, M'' Thomas Wood, Daniell BuUard, and Thomas Witter being Masters of Boates, came & fell upon y" said Whale with there Gangs, & cutt & carried away the same whether they would or noe ; proofe of this Charge. (2) Daniell Hill Aged two & twenty yeares or thereabouts sworne, declareth upon his Oath that he was AflBshing upon the Ledge, And he saw a Whale come fHoateing upon y* sea, as he Judged it by the Bulke, and thereupon weighed his stone,' being in about 16 ffathoms water off of the Narrows, and went toward the said Whale the day before my ffather Neriah Hill went to inform e y" Governor of y° same, and being almost att it discovering certainly it was a whale, I come up to Thomas Wards boate, and told them of it, and asked them whether they would helpe to tow it in, and they told me yes, whereupon wee turned it up to y° said Whale, and when wee were come up to it, wee cutt a hole in y" same, and made fast a rope to y" said Whale, and was towing it into y® shoare, and then Jonathan Witter, as wee were towing, came to us, and helped with his Boate also, soe wee Three boates towed it till it grounded upon y® fiflatt, that wee could gett it noe farther, then when wee see wee could gitt it noe farther, wee stayed two Boates by itt, and wee sent y° third Boate ashore, wch was my ffathers Boate with John Hill & John Ward to tell my ffather we had found a Whale, soe upon y° returne of my ffather to us in y" Boate, wee fell a Cutting of y° Whale & cutt some peices, but it did not like us, & after that my brother John Hill cutt a whole in y" whale & by that wee gott out of that whole, wee diserned that it was a Sperma Cety Whale, & wee filled two Iron potts & a small water Runlett with what runn out of that hole, & soe night comeing on, my ffather & wee mored one Boate to y° Whale & I stayed all night in y= Boate mored to y= whale ' A weight used as an anchor hy fishermen. This narrative can only be fully appreciated by those who have seen and smelt a whale in Bermuda in June ; the growing scarcity, however, of these cetaceans gives value to the records of their m graliuns. FIGHTING OVER THE PRIZE. 439 with Aron Ward, & y* other two Boates went ashoare to gitt chap, refreshment & other things flStt for y" worke after they had also , , ' _. mored y^Whale with rope,and wee Concluded amoung ourselves i673-ifi83. that upon y® Keturne of y° two Boates next morning with victualls & other things iitt for y" worke, that one of the three Boates should come to Informe y° Grovernor & the Sherrife of y° said Whale, and to desire their assistance that they might have their parts for recovering or ffinding y° said Whale, And further I, this deponent with a little boy named Aron Ward staying all night by the whale, early in y° morning came three boates, and I decerneing that it was not my ffathers Boates, I got out of y" Boate I was in upon y" whale. And ye first boate that came was Daniell BuUards, and hee flung his grapple upon y" whale, and I tooke y' grapple and fHung itt off againe, and bid him keep off, for itt was ours, wee had recovered itt & mored it, but Daniell Bullard or some of his Gang fflung on his grapple againe. And after came M"" Thomas Wood in his boate, and Thomas Witter in Capt John Darrells boate, and likewise my ffather came in his boate to y° Whale, and went to cutt Daniell BuUards Boate loose, and some one of y° Gang (but who it was I cannot tell) said that if my ffather cutt y° Boate loose, hee would cutt his fflesh, whereupon my ffather desisted, & soe came away to towne to Informe y° Governor. And M"" Wood said Cutt, Cutt, for it is a wracke, and thereupon y" three boates Gangs fell to gitting of y° Spalma Caty out of y" said Whale, there was in Capt Darrell Boate three Caskes, two of them Hogseds as neare as I can Judge & y® other a smaller caske, nere three quarters full or there- abouts of Oyle & flesh, there might bee water amoung itt. After my ffather went to Towne in his Boate from y® whale, I and Jonathan Witter being in two Boates, wee gott one Barrell about as bigg as a Corne Barrell, & a Brass Kittle as full of Oyle as wee could well carry them ashoare, Amounge the whole Company belonging to y° three Boates and that was all. The marke of Daniell Hill. Testis Cornelius White Secrary. John Hill, brother of the above, gives evidence to the same effect. (3) John Ward aged nineteene years or there abouts who being sworne, haveing heard y° declaration of Daniell Hill read, Affirmeth upon oath to y° truth of all their in conteyned. But what was Acted in y" time before Daniell Hill came in his ffathers boate to him to acquaint him that there was a Whale. And likewise what was acted the tyme that hee was from y" whale to his returne againe to y" whale next morning save only that expression mentioned of M' Wood Cutt, Cutt, for it is a 440 THE company's royalties denied. CHAP. "Wrack, I doe not remember that I heard M"^ Wood say soe. . -^y^' . And likewise I add this much to that expression of him that 1673-1683. said that hee would cutt his fflesh that cutt his boate loose, he cannot tell who it was. But I affirme it was Peter Mallory. The marke of John x "Wakd. (4) The Complaint of M' Anthony Jenour Sherriffe in y' behalfe of y" Hono"'® Company to y" Grovemor & Councell against M"^ Thomas Wood Counsellor in opposing or refuseing to assist me in y° execution of y® Warrant Granted irom y* Governor to seize a Sperma Caty Whale according to my returne made of y° saide Warrant, and not delivering to mee y' one halfe of what he had recovered, though I offered to give him y° other halfe for his paines & labour, And likewise refused to bring what hee had gott to y" Governor, Although often required soe to doe in his Ma"™ Name, upon wch he brings y" witnesses following. Aaron Coulson aged seaven & twenty yeares or thereabouts being sworne, the Question propounded to him by y* Sherriffe, was what you know Concerning the execution of my office in goeing to seize y° Sperma Caty Whale, Answered, ye Sherriffe, when hee came to y® said Whale ffound severall psons at worke upon it, and after his seizure of the same in y' behalfe of y" Hono*'" Company, he Coiiianded them that were at worke upon it to fforbeare workeing any more unlesse they would give to him the one halfe of it for y" Companys use, but none accepting the Sherriffs Terms, nor yet seising there working upon y° said Whale, the Sherriffe Coiiianded M'' Wood to deliver him the halfe he had in his Boate, or to carry it to Towne to y* Governor, and M' Woods answere was, before hee would bring it to Towne in that condition, he was being all Greesie, hee would through it into y" sea. And likewise the Sherriffe gave M' Wood the Governors Warrant to read, and Comanded him to Assist him in y° execution thereof, and hee tooke it & reade itt, as I thinke, for I see his lipps goe, and when hee had read it, his Answere was that hee had nothing to doe there, neither did I see M"^ Wood deliver to y" sherriffe one dropp of y° Sperma Caty he had gott. Aron Coulson. (5) The Complaint of M' Anthony Jenour Sheriffe in the behalfe of the Hono*"'* Company to y" Govemo' & CounceU, against M"" William Stafford, that hee Comanded him amoungst others in Generall Termes to deliver him the one halfe of what he had gott in his boate of the Sperma Caty Whale, or to carry itt downe to the Governor, but he went away and did neither give him the one halfe, nor carry it to Towne, M' William THE sheriff's AUTHORITY DEFIED. 441 Stafford did acknowledge he went away, and did not give him chap. the halfe, but he did not understand that the Sherriffe would . ^yi- have the halfe, it was of so little worth he had gott, and soe 1673-1683. soon as y° Sherriffe had seized the said Whale in j" behalfe of y® Company, and Coinanded the people to seise, he left off, & wrought noe more, but went home. Testis CoENELius White Secretary. (6) The Complainte of M"" Anthony Jenour Sherriffe in y" behalfe of y" Hono^'® Company to the Groverno"" & Councell Against Daniell Bullard that he Coiiianded him to give him what he had recovered of the Sperma Caty Whale in his Boate for y" use of the Company, and he would deliver him y" one halfe for his labour, or else to carry itt to Towne to the Governor, if hee did not like to give him the one halfe of what hee had re- covered ; and likewise I Coiiianded him, as being Master of y° Boate, to come into y* Boate to mee. And the said Daniell refused to obey me in every thing, though often required in his Ma"^° Name soe to doe. Anthony Jenour Sherriffe. The Sheriffe attested upon Oath what was his Complainte against Daniell Bullard. (7) The Councell continued the 3"^ June 1676. The other Complaiates exhibited by y' Sheriffe in a paper, and are in y" Office. The proofe of the Complainte of M' Anthony Jenour Sheriffe in the behalfe of the Hono"" Company against M"^ Anthony Penistons Boates gang y" first day, they acknowledge the Charge and soe need not to be proved. (8) The proofe of y" Complainte of M'' Anthony Jenour Sheriffe in y° behalfe of the Hono*'* Company Against Capt John Darrells Boates Gang, they acknowledge the Charge and soe need not to bee prooved. Testis CoENELirs White Secretary. 31. At a Councell Table 14'^ June 1876. The Hono*'* Governor propounded that the occation of this meeting was about a publique Letter to send to y* Company. Upon y° motion of y" Secretary to y" Governor & Councell, that there was great need of a chest in y^ office to secure y' Re- cords f&om the Cackaroches, wch did eate & deface papers. 442 PKECAUTIONS TO PRESERVE RECORDS. CHAP. Ordered that.y" Sherriflfe cause a Chest to be made to secure y® ^^^- records.^ 1673-1 6B3. 32. The following regulation was enacted at a Quar- ter Court of the Bermuda Company also held 14 June, 1676 :— (1) A Law that all shipps and vessells shall anchor and Lye in the Castle and Towne Harbour, and shall pay Port Dutyes accustomed of Powder, and Pilotage, and Water money. Eefers to an Act of Tfeb. 166^ : imposes a fine of 20s a day on vessels coming to anchor elsewhere. Persons delaying or neglecting to pay the Duties, to be committed to Prison. 33. At a Councell Table 27*^ June 1676. Ordered that y° Kings Proclamation Concerning Customs, and y* seizure of prohibited goods, as is therein more fully ex- pressed, wch was brought into y° Islands by y° ship Elephant, Capt William Powell Commander, bee publiquely read in the Churches, and to that end was delivered to y® Sherriffe, M"^ Henry Tucker, Capt John Hubbard, IVP William Peniston, M' Jonathan Turner, & M' Thomas Wood, each of them one. 34. At a Councell Table 17*'' August 1676. The Hono*"'' Governor propounded y° occation of this meet- ing is to consider about an important businesse. There are severall slaves as Indians & Negroes come into y° Country, con- trary to y° Companys Law. Quest: Itt being putt to the Question whether itt were Convenient that y° Law of y" Hono^'" Company Concerneing y° prohibition of Negroes, Indian and Mallatoes comeing into y" Island, and y* Sherrififes seizing them in case they doe come, shall be put in execution. Ordered by y' Governor & Councell that y° said Law bee put in Execution by y° Sherriffe, and after the seizure of y° Sherriffe, y" Sherriffe to returne them againe to them, they giveing Securitie for their forth Comeing upon y° Companies further demand, or order unlesse they shall before that is further knowne Exporte them out of y* Country againe with this proviso, that they that were out of the Country, and could not know of ' The familiar name cockroach is a corruption of the Spanish Cacarouche, the etymology of which vrill be sufficiently obvious. The word is not in Johnson. ACTS AGAINST IMPORTING SLAVES. 443 this Law, and thereupon for their owne use or service have chap. brought any slaves or Negroes or Indians they shall not bee ^^i- seized, provided they do not make Merchandize of them. And 1673-1683. for prevention of any more comeing, the SherriflPe from this time fforward to putt the Law of y^ Company into Execution. Ordered to be published wch was done accordingly. Signed by order of the Governor & Councell, CoKNBLius White Secretary. 35. At a Generall Court held for the Sommer Islands Company at Sadlers Hall on Tuesday the 17'" of Octob' 1676. A Declaration for the guidance of the fifreeholders and owners of Land in the Somer Islands. That they haue noe Eight to fishe for whales, and to prohibitt them and all others for fishing for whales without leave from the Company Whereas seuerall persons in the Somer Islands vpon pretence that they are ffree holders and owners of Lands in the same Islands and haue had such Land granted and confirmed to them vnder the Companies Coinon Scale with the words ffishinge Eoyalties and other generall words Doe alleadge and some of them haue bin so bold as by writinge vnder their hands in a publique waie and manner to declare that by vertue of such Lands and the coinon Seale of th6 Company for confirmation thereof they haue a power to fish for whales in and about the coasts and seas of the said Islands Upon Consideration had of such writinge or Declaration And of the Grant of the Company to Purchasers with the words ffishinge Eoyalties and other Generall Words. This Court for preseruing the iust rights and priviledges of this Company : retayneing the people in peace and quiet, the vndeceiueing of all such persons that through the subtilty of others or their owne Ignorance haue been abused or misled in makeing such Declaration, or pretend to haue a right to fish for Whales Doe think fitt to declare and they do hereby Declare to all persons inhabiting or that shall inhabit in the said Islands and all other p.sons in any wise concerned therein That the Companies vsual Deed of Grant to Purchasers for confirmation of Lands vnder the Coiiion Seale of this Company with the said words ' ffishinge ' ' Eoyalties ' &c &c^ never did giue nor neuer was intended to giue neither could it giue. Liberty or license to Purchasers ffreeholders or owners of Land To fish for whales in or about the coasts or seas of the said ' See an example vol. i. p. 651. 444 THE COMPANY ASSERTS ITS RIGHTS. ^^^j- Islands. And wee doe hereby Order Comand and enioyne all ^ r-L^ and euery person or p.sons as well tenants or owners of Land, 1673-1683. a,s others, not to fish for whales or sett forth ad/ventures for the purpose of fishing, unless they shall hereafter haue & procure the License and Authority of this Company to fish for whales, under pain of imprisonment. And to be proceeded against as disturbers of the common peace of the Som' Islands. And vpon paine of forfeiture. And euery person or p.sons so doeing shall loose and forfeite all and euery such Boate and vtensills they shall employ in such whale fishing. And wee hereby strictly charge & coiiiand the Groueror of the said Islands to coinitt to prison all and euery such person or psons as without our license or order, shall fish for whales and cause them and euery of them to be proceeded against and punished accordingly. And alsoe to grant and yssue out his warrant to our Sheriff to secure for our vse all & euerye such Boates and vtensils as shalbe employed in such whale fishing. And wee charge and command all Justices Councellors Constables, military and other Ofi&cers to assist our said master and Sheriffe in the Execution thereof. 36. Extracts from a Letter from the Company, dated 26*'' October 1676. (M.S. iv. p. 150.) (1) . . • . "We hold it convenient and order you to minde the ministers to pursue their commissions. And that you en- joyne and cause them to preach every Lord's day publickly in their severall Tribes. That they administer the Sacraments of Baptisme and the Lords Supper, That they conforme to the printed Law. And also Eegister and take notice of all births. And the better to oblige them unto the same and for their "encouragement therein Wee thinke it reasonable for them to take and receive as a ffee or dutie for every marriage christening or Burial a Eoyall and as for children begotten before marriage or Bastards wee order the Baptising of such children And that the parents take off the scandall to the church of God by a publick declaration of their unfeigned sorrow for their sinn and that the parents or sureties engage for the pious training and direction of such children We expect and require of our Secretarie to send us a yearely return of all Births and Deaths both negroes molattoes am,d others and also an accompt of all psons that shall come on or which shall goe off the said Islands. (2) . . . . Wee have lately seene a printed Booke entituled The iust and uniust proceedings of the Somer Islds Companie in relation to 20 shares of Land that Perient Trott bought of PEEIENT TROTT'S PAMPHLET. 445 the Eight Honourable Earle of Warwicke &c.' Which Booke ^^A^- we haue taken into consideration and have found that it is a , "-- false and slanderous Pamphlett vnduly reflecting vpon the ^678-1683. Lawes and Justice of the Company, and tending to the raising of sedition and mutiny in the Island, and the same ought to be and shall be seized and burnt in the Islands, and now send it you for that purpose, and Eequire you to burn the same in a publick manner, by the hand of the Marshall, and wee being informed that some of the said Bookes are sent to the Islands. Wee order you to make speedy and strict Inquiery after such. And all such as you shall find you seize and take awaie or cause them to be burnt. [Sir John Heydon reported, 17 May, 1677, that he could not learn that Trott had sent over above 16 or 17 copies, most of which he had seized and caused to be burnt at St. George's, near the pillory and whipping -post, by Mr. John Bristow, Provost Marshal. Trott's case is briefly stated as follows, in a paper of Charges against the Company of later date. Perient Trott purchased 20 shares of land, of 500 acres, of the Earl of Warwick for a valuable consideration, and enjoyed it above 20 years. It was adjudged to him for ever March 24, 1673. Then Mr. Daniell Finch marrying one of the daughters of the Earl of Warwick,^ the 14th April, 1675, Daniell Finch and others there present voted themselves the land away from Trott to themselves, by holding up their hands, the 3 claimants there voting ; and because the then sheriff would not execute the order for giving away the possession, they make Brisco, the ' The title of the pamphlet, now very scarce, is as follows : — A True relation of the just and unjust Proceedings of the Somer Islands Company in relation to 20 shares of Land that Perient Trott bought of the E' Hon"" the late Robert Earl of 'Warwiek the 22nd of February 1668 and the great justice shewed by the said Earl of Warwick in the sale of the said lands. And the great justice shewed by the R' Hon'" the Earl of Shaftsbury. And the like justice done by the R' Hon"" the Earl of Danby Lord high Treasurer of England. And the justice done by the Councill in Somer Islands. Printed for the better Information of all men in England, and in the Somer Islands, and of all unbiassed persons in the World. Anno MDCLXXVL It is shown by certified extracts from the Company's Parchment Book (p. 133), that Robert, late second Earl of Warwick, did by his deed dated February 22, 1688, sell unto the said Perient Trott all his twenty shares of land in the said Somer Islands for ever. This land was claimed by Charles fourth Earl of Warwick ; but by order of Court, February 27, 1667 (fol. 250), the said Charles was to pay Perient Trott £600, on or before April 20, 1668. Norwood, in his Survey, 1662, enters the lands as Trott's. ' Hon. Daniel Finch, afterwards second Earl of Nottingham, married Essex, youngest daughter of the third Earl of Warwick. He was eldest son of Lord Chancellor Heneage Finch, created Earl of Nottingham 1681, and succeeded his father December 18, 1682 (Collins, iii. p. 395). This powerful connection must hare operated greatly to Trott's disadvantage. 44& GKNEKAL LEVY, 1676. CHAP, common executioner in Bermuda, sheriff for the purpose, who , • . - did it accordingly, and they order an erasure of the record of 1673-1683. Trott's title. It is obvious from Trott's previous relations with the Com- pany that they seized an occasion to crush him. In all proba- bility there was a colourable ground for the seizure of his land in his long continued defiance of their regulations, and the judg- ments against him for his contraband trade. The evidences of his title are still extant in M.S. iv. pp. 119-123, although can- celled.] 37. Extract from a Letter from the Company 26th October 1676. (1) Wee thinke fitt to acquainte you that wee haue repealed the Lawes of this company that ordaine that noe person shalbe Grouemor of the Sumer Islands aboue six years togeather. A copy of which wee now send you. And that wee elected and made choice of seuerall persons to be OflBcers for the Sumer Islands. An accompt of which wee now send you.' (2) Wee thinke fitt to informe you our Grouemor and Council that our Grouemor in the said Islands is the imediate officer to vs here, to see to the due execution of all such Lawe? Orders, Instructions and other processe as haue been or shalbe sent from this Company to him or to the Councell in those Islands. And that you the Grouemor and Councell haue no power to putt any of our Lawes, Orders, Instructions or other processe to the vote. Or in the least to dispute the same. . . (3) Wee take notice of what you write about burning of cedar in boyling of sugar. Wee cannot tell whether the worke will fall or not, but expect our Lawe concerning the same to be put in execution. 38. The General Levy was determined 2nd Novem. 1676 as follows ; Pay of the Castle soldiers. Other military items. Arms, &c. Eepairs of Forts, Boats &c Civil works Civil Grovernment and Salaries. 2356 lbs. Tob. 168 363| 97i 1424 4409 lbs. Per rents of Public Lands . . 1392 To be raised 3017 1 These were Deputy-Governor Sir John Hoydnn, Sherifif A. Jenonr, Secretary Henry Tucker, sen., to each of -whom a commission was sent. Nominations of covinciUors and commanders of forts follow. PRESENTMENTS OF THE GRAND INQUEST. 447 XVI. 1673-1683. This is assessed at 8^ lbs. per share, and the value ^^^^ taken at 3d. per lb. There is credited for powder re- ceived at Is. per lb., l)il. 8s. ; expended in collec- tion, 3/. 6s., leaving due 9^. 2s., of which the Governor acknowledges receipts from the widow of the late Sheriff, Anthony Jenour, 26th Peb. Twelve ships paid powder or powder money in the year, the largest quantity being 40 lbs. 39. At a Council Table 2nd, 3rd, and 18th January 167|-. (1) Upon the presentment of y° Grand Inquest as an Agre- vaace that the church doores of the Island is not freely opened in such places where the minister is absent, for the Eeaders to perform their duties in Eeading the word of Grod, on the Lords Day. Ordered that the Church doores in the absence of the minister bee opened, and such as will may haue free Lyberty to goe to heare the word of Grod read. (2) Upon the presentment of the Grrand Inquest that the whole worship of Grod is not putt into execution & practice as formerlie hath binne in these Islands by our ministers. In former yeares y" Children and servants not being catechised and y° Lords supper and baptising being much wanting among vs. Ordered that the Grouernor in his Proclamation doe admonish the ministers to see Eeformation of these neglects. (3) Vpon the Grrand inquest presenting as an agreeuance the practice of seuerall persons, as well inhabitants as Strangers, for that they cutt and carry away the bodies and roots of Button wood trees' for fire wood, which if left standing would be beni- ficiall, and is found by experience of y" Tanners most convenient for y'' tanning of Leather. Ordered that no pson or psons what- souever presume to cutt any Button wood tree downe, but that he leave a stumpe of two foote high above y** ground together with y* rootes of y° said stumpe. As likewise that all manner of psons forbeare for the future stocking vp any Button-wood rootes, uppon paine of fforfeiting Tenn shillings for euery root so stocked vp, or Button wood tree fallen contrary to this order, to be published with the Grouernors proclamation, (4) Upon the presentment of the Grrand Inquest presenting the evill practice of severall Inhabitants of these Islands who at the season of the year when the white bone Porgayes'' sculls they ' Probably Conocarpus erectits. See vol. i. p. 668. ' The Bermuda fishermen appear to have lost the name ' White-bone porgy ; ' they have Spanish porgy, Scarus radians ; G-cat's-head -porgjiCalwrntiS megacephalus, and Sheep's-head porgy, C. orbitarius (G. Brown Goode). To sonll, to collect in shoals. 448 p. TEOTT PETITIONS THE CEOWHiT. CHAP, ketch them, through lucre of gaine and kill them to dry for • ■ sayle, to the preiudice of the whole Island, ordered therevpon 1673-1683. that when the white bone Porgayes sculls, or are found in or about the eastermost parts of these Islands in the months of Aprill and May yearly and euery yeare, that all manner of pson or psons fforbeare ketching or killing of any white bone Por- gayes in the same time afore mentioned, more than is for their family's vse, vpon the fforfeiture of ffiue shillings for euery Porgaye so ketched or kild to dry, the informer to haue one moiety, the other to be for publick vses. 40. (1) Perient Trott, Eobert Steevens, John Wyley, and Geo. Daye, describing themselves as members of the Bermudas Company, petitioned the Crown in favor of Free Trade. 12 January 167f . They affirmed that the Joint Stock Trade of the Company had been dissolved near 50 years before. That some of the Company, on purpose to destroy the trade of those parts, have made a law that no ship should be employed to those Islands wherein any member of the Company hath any interest, refusing them leave to send for their own commodities with their own ships. That they send on their public account but one ship a year, and sometimes but one in two years, to the great loss of the Planters. Tbat strange ships have been licensed by the Governors to carry away Tobacco contrary to several acts of Parliament, regardless of complaints. The King is prayed for the encouragement of navigation and of the Petitioners in their Trade to direct that a free Trade may be allowed to the said Islands for his Ma*"'- subjects that are members of the Company, to order the repeal of all Laws to the contrary, and that the ship ' Charles ' of London now ready to sail may be enabled to land their goods and to bring from thence into England the commodities of the Islands. (Col. Papers, vol. xxiii.) (2) This was referred by the Committee of Council to the Conapany itself for reply. (3) The reply of the Company was read Jan. 17, 167f. They allege that tis true at the first creation of the Company, and for severall yeares after they Traded in a joynt Stock. That for y° conveniency of the members of y" said Company the Com- pany gave leave to them to trade with their own private Stocke, but still they alwaies managed that trade in the Companies THE COMPANY JUSTIFIES ITSELF. 449 Generall or magazine ships. That the Company have indeed made a Byelaw that no ship should hee imployed as their magazine ship wherein any member of the Company hath any 1673-1683. share or interest as an owner of it, and they have also made another byelaw that no member of the Company shall trade either with any private shippe for Tobacco and freight them there before the magazine shippes are fully freighted, and the company to conceive that theis Byelaws E-re according to Law and benificiall to Trade, and y' Ma'' customes and necessary not only to y^ well Being, but to y^ very Being of the said com- pany, and they do not doubt to make out. That the Magazine Ship is very sufficient to bring home y° crop of Tobacco, in y° said Islands it being seldome or ever fully freighted, and that M"" Trott has the same liberty with all the rest of the members of lading his Tobacco on board the said shipp as he had also of sending out his goods in the said ship shee not being a quarter laden. As for any abuse of the Governor in the said Islands, the company know nothing of it, but would bee very glad to make the discovery, since in their proportion they are the greatest sufferers, thereby being defrauded of their Duties, whereby they maintain the whole great charge of the Island and Government. The Company therefore pray that the petition be dismissed. 41. Letter from the Company dated Sadlers Hall 23 February 167f . Gentlemen, (1) Since the writing of our previous Letter Wee are designed to send from hence a small vessell for Cringes, but being doubtfuU whither she might finde a full fraight in the Island, have thought fitt, rather to appoint M"^ Arthur Jones, M"" John Bristow Sen' and M"^ John Bristow Jun"" to freight a vessell there, and lade her with 400 Chests of Cringes or there- abouts. And have given them our Order therein (if in case you the Governor and Councell shall judge there is plenty of large & good Cringes in the Island sufficient to lade such vessell as will bring home 400 Chests or thereabouts). And Wee doe accordingly recoinend the consideration thereof to you the Governor and Councell, And require you iihediately upon receipt hereof to take the said matter into your serious thoughts, and accordingly to determine therein, And to give notice to our said ifactors of the same, that soe they may hyre such vessell. And Wee expect and require you the Governor and Councell to further and assist what lies in you, the lading, speeding awaie and dispatch of such vessell, and afford our said Agents your Countenance and encouragement therein. VOL. II. O Q 450 ORANGES LARGELY EXPORTED. CHAP. (2) Wee acquaint you that wee have sent by the said shipp Joseph and Ann Twenty peeces of kilderkin hoops, Two bags of 1673-1683. fowerpenny nailes and Tenn Eeames of large Capp paper, con- signed to the said M"^ Arthur Jones, for makeing upp and fitting of Chests in the Island to put the said Orrenges in. And order you the Governor and Councell to pernaitt him to receive the same. And wee order you not to ymitt any other vessell whatsoever to lade any Oringes untill our said vessell shall be fully fraighted. And thus wee Coiiiend you tlie protection of the Almighty, And rest, your very loving friends. Signed by order of Court, GrIL. GrEEAKD Dep. 42. Extracts from a Proclamation by Sir John Heydon, Kt. and Governor. March 16*" 167|-. (1-2) Notify the usual appointments by the Company's Com- missions, brought by the Magazine ship 'John,' Capt M. Norwood, which arrived March 1st. (3) Wee order that neither Justices nor constables be con- fined to their respective Tribes : but have power to execute their office in the whole Island. (4) It is ordered by the Hon. Company that the stay of the magazine shipp doe not exceede 40 dales from her arrival. And that the cropp of Tobacco of the growth of this present yeare bee not shipped vppon or reserued for any other shipp (except such Tobacco as the commander of the said shipp cannot lade vpon her) as likewise the Company strictly requireth the obser- uation thereof. And expressly order that if any person shall refuse neglect or delay to lade his Tobacco on the said magazine ship (she being able to receiue the same) that effectual care bee taken, that such Tobacco bee not carried out of the Islands in any priuate shipp, but that the same be stayed and secured in the Islands, vntil the returne of the next magazeene shipp to be sent for London, and in no other ship. (5) All manner of persons by the Company's Law are pro- hibited to fish for whales, according to the contents of a Declara- tion by the Hon'"^ Company sent to vs by this magazeene ship. The which declaration at a more favourable time is to be pub- lished at large. (6) All manner of persons in whose custodies such Books as are entituled The Just and vniust proceedings of the Sufner Islands Company Printed and Published by the order of M'" Perient Trott of London Merch haueing been declared by the Hon''''^ Company to be scandalous, and by them required to be VAEIODS LAWS PROCLAIMED, 451 deliuered to the sheriffe of these Islands, Wherevnto Wee require chap. and order all manner of persons to giue obedience accordingly. . .•^^'^" - (7) A Law made 14 June 1676 by the Hon"'^ Comp. at 1673-1683. Sadler's Hall Eequiring that all shipps belonging to strangers or Inhabitants arriueing at these Islands shall anchor, and lye in Castle or Towne Harbor, and shall paie Ports Duties accus- tomed of Powder, Pilotage, and Watermoney. (8) A Law that all psons having Lands in these Islands shall enter their clayme, and that all Deeds and conveyances of Lands shall be registered here in the Secretarys ofiSce, and that married ■women are to be examined for their consents. (9) A Law making fforfeit all such goods and commodities as are usually imported into these Islands in the Company's Magazeene shipps. In case the same be imported hither in any other shipps, alsoe for the seizure of Tobacco and Cedar sent aboard shipps to be transported without Lycence. (10) A Law against bm-ning of' Cedar in boyling of sugars. And for raiseing a Duty and imposition of 4" per Gallon on such Eums as shall be imported into these Islands, towards defraying and support of the public charge and expense of the said Islands and government ; and towards the easing of the Inhabitants from such Levies, Taxes, and Impositions as hereto- fore have bin imposed oh them. (11) A Law that none shall sell Drinke or Liquor without a license, and for appointing how many shall be licensed. Ffinally haueinggiuen you the hedds of the Hono*'° Companies Lawes aboue mentioned, the Secretary being scanted of time for transcribing the Lawes at large, I thought it my dutie to pub- lish in breife, that none may pretend Ignorance, the Company requiring myselfe and councell, and all other their ofl&cers to put the same in effectuall execution, to which I do require all persons to give obedience uppon paine of such punishment as the said Lawes shall inflict. Given under my hand at S' Georges the 1 0th day of March 167^ together with the publick scale of these Islands, hereunto affixed. God save the King, and the Hono*'° Company Signed Jo. Hetdon. 43. To the Hon. Sir John Heydon Kt. and Gouern' with his worthy Councell as Assistants. ■ The humble Eequest of Capt. John Darrell S" on behalfe of his son-in-law Ezra Eeynalds and others, March 20th 167f. Humbly requesteth that y'^ Hon, and Councell will give leaue o e 2 ^52 IMMIGRATION FROM THE BAHAMAS. CHAP, arid Lvcence to the atoue named persons to draw off their _ • .- Estates from Newe Prouidence to this Island from whence the 1673-1683., foundation and grand effects was iirst remoued ; since now haue- ing the happiness of sentring (sic) their persons here again vnder your Hon'''^ Gouernment and protection ; formerly conceiueing the remoual of their persons and Interests from hence would haue proued to the aduantage of their welbeing and the good of the coUony. And now finding by experience that God by Prouidence hath otherwise ordered it. And haueing seueral seruants and slaues in that Island of Neue Prouidence to the number of ffourteene being great part of thier estate and Interest Humbly desireth They may haue y'' Hon"^ and councells Lycence to bring them hither againe vnder your Hon'* Grouern- ment Seuerall of them haueing bin transported from hence And some of them borne there, the rest purchased there seuerall yeares ago And not being negroes or molatoes only bought or sent for to make sale here To the breach of the Hon. Com- panies Lawes or the prejudice of the well being of these Islands Humbly craueth y"" Honor and council Lycence for their Retume hither which Lycence wiU be thankfully imbraced A shipp being hired for their transport hither. If your Lycence bee not granted, it will be a totall ruine to your honors poore Eequestants In behalfe of whom I submitt myselfe to the good pleasure of y' Honor' and Councells comand in all obedience while John Dakrell Sen'' The names of the Slaues returned and brought from Newe Prouidence according to the contents of the Petition aforesaid in the Barque Resolution. Samuel Rayner masf there of, the which came to anchor in the Towne Harbour the 31 daie of Male 1677, being in number 11, videlicet Tony Moreea Tom ffardinando a mulatto Black Jack* borne in New Provi- Tom* Bess dence Hagar* Mingo Mall a negro borne in Cesar* Ophe Providence Tom Molagasso* * these negroes sent from hence formerly to New Prouidence 44. At a Council Table 10 April 1677. Then put to the question what sallarie shall be allowed a Grager and Collector for his gaging and collecting of foure pence BterF per Gallon for what Rum shall be imported into these Islands. Ordered that he be allowed £20 sterl^ per annum QUAKERS AGAIN THE TROUBLE. -45,8 45. At the Assizes held 11-13* June 1677; ' ^f^^- (1) A charge of Infanticide. Bill ignored 1673-1683. (2) A charge of Blasphemy The court thought fitt to order that Samuel Burton do appear before Mr Sampson Bond minister in order to his conuincing him of the heinousness of his afore- said great Transgression As likewise that he will be pleased to draw a form of acknowledgement accordingly, and that he the said Burton repeat the same submissively and orderly in Pagetts Tribe Church the next, or next after following Lords dale when M"^ Bond shall there preach. It being likewise ordered that the said Samuel Burton before the breaking vp of the Court doe put in Security for his good abering until the next assizes.' (3) Whereas Solomon Eobinson, contrary to the companies orders And in contempt of this Grouernment hath brought in a woman Quaker called Elizabeth Carter Ordered that in case the said Solomon doth not forthwith enter into a Bond of £100 sterl with good securitye to carry or cause to be carried off the said Carter to the place from whence shee came or some other Plantacon by the first shipp that shall saile from hence And in the meane tyme keepe her on board, not suffering her to goe on shore And to defray all charges that shall accrue by her being brought hither. Contrary to the Lawes afore said That then he be committed to the marshalsie vntill hee shall submitt as afore said 46. At a counoell Table held in the sessions house at St. Georges the last dale of October and the first dale of Nouember 1678. (1) Ordered that what Powder monie Capt John Hubbard Sheriffe hath now in his hands, be paied into this present yeares Leuie for the ease thereof (2) The attestation of. Ensigne Edmond Euans, who being sworne, saith, That about the latter end of September last past goeing to Captain Ffancis Dickeson's House Comand"" of South- ampton Tribe Band, according to the dutie of my place in order to an exercise that Dale. I meeting of William Eighton Jun"^ in the waie The said Eighton did aske whither I was goeing with that Eedd Eagg which I had vppon my shoulder. I the said Euans made answer With these colours I am goeing to serve the kinge ; which thou refusest to doe The said Eaighton ' Samuel Burton appears by the language attributed to him to have been a Quaker, bearing testimony against what he regarded as the idolatry of orthodox Christianity. The words are too shocking to be repeated, but admit of a cout struction which frees the speaker from the charge of intentional irreverence. 454 INCIPIENT EBPUBLICANISM. CHAP, replyed the time is coming ere long Thou wilt be ashamed to . ^y^- . carry them. 1673-1683. (3) The examination of M' William Eighton Jun"^ who acknowledgeth That he did meete with Edmond Euans as aboue said. And did also aske him whither he was goeing with that Eedd Eagg And further saith that hee did sale That the tyme will come, That if thou dost Hue long enough thou wilt be ashamed of it. (4) Then ordered. That the aforesaid William Eichton be forthwith coinitted to the Marshalsie there to remaine vntill hee shall acknowledge himself to be indebted in the some of ^100 st. to his maiestie, and two sureties in £50 st a peece ffor his the said Eighton's appearance at the next G-en''all assizes Then and there to answer for what shall be obiected against him in behalfe of his maiestie, and to bee of good behaviour towards all his maiesties good subiects. The next assizes were held 9th to 19th of December 1678 when he appeared and was quitted by Proclamacon. 47. The Governor's usual Proclamation after the assizes is dated January 17, 167f, and adverts — (1) To a great neglect of late years in the administration of the Lord's Supper, referring to an order of the Company dated 26 Oct. 1676 {ante, p. 444), to which strict obedience is enjoined, (2) Orders all officers to be strict in preventing the sailing of boats on the Lord's day, and to proceed against persons who absent themselves from church, (3) Prohibits catching by net such fish as bite at hook and line. (4) Orders the extirpation of ' a badd and stinking weede that beares a prickle burr, the which, when it is drie it is full of black flatt seeds, which if suffered to grow may be very destruc- tive to the Inhabitants of these Islands, by reason of the venemous and poisonfuU nature thereof.' * (5) Orders proceedings against parties 'making upp Tobacco deceiptfuUy without stripping of the staulkes as formerly they have vsed to do.' (6) Prohibits the use of button-wood for firing. (7) Enumerates a catalogue of prevalent sins and vices, attributes them to the neglect of all officers, and appoints Sunday, 30 January, as a day for humiliation, fasting, praying, and seeking of the Lord to avert His judgments. ' This 'bad and stinking weed' -was doubtless the Datura stramoninm, -which is still common in cultivated grounds, as is D. tatula also. I have to thank Sir Jos. Hooker for the identification. .THATCHING OF PEMBROKE CHURCH. 455 48. Extract from Pembroke Parish Register, ^xvi' 18 July, 1677. 1673-1683. It is ordered by the Justice and the Churchwardens, and it was put to the Vote, that euery person should bring in eight dozen good leaves [Palmetto] to y° thatching of the Church apeice, this dale sen'net, wich will be the 25th day of this present July, And if any person shall be refractory and not bring in his Leaves according to the order, he is to pay to the Church wardings the full & just sunie of Is.. 4d. agreed vpon by the maior part of y" tribe And this order is alwaies to stand for a Lawe amongst vs euery time we haue occasion to thatch the Church.' Will. Pbtt, Justice wTll Stafford} Chmrchwardens. 49. Att a Generall Court held for the Somer Islands Company ffriday 24*'' August 1677, at Sadlers Hall. (1) The Grand Committee made report that they have con- sidered of what Sir John Heydon had propounded about Negroes. And also what writt in the Generall Letter about the same. And also the Petitions of severall to have a supply of Negroes, and to have the Companies Law prohibiting the bringing in of Negroes, to be dispensed with ; and that it was their opinion that the said Law should not be dispensed with, but that the Inhabitants might if they wanted, procure white servants from England, or be supplyed amongst themselves, if they would put in Execution the Law for putting out Children to service and to be apprentices. This Court doe agree with the Eeport of the said CoiiiLttee, And Order the same accordingly. And doe order that the said Law against bringing in of Negroes be not dispensed with, but exactly and carefully executed. (2) The same Comitte reported that they found by the Letter, received from Sir John Heydon, that he had seized seven • The same Register contains a later entry of considerable parochial interest, the trees referred to being probably some of those still marking the old limits of the Churchyard : — 'Be it Remembered y' upon the 24 day of Oct 1717. The dubble row of cedars was planted round the Church in Pembroke Tribe all within the boimds of the Church yard, and the 7th of November foUoing the rafters were raised upon the new Church and it is hoped it will be finished in four moneths ; this memorandum entered by S S.' The trees, or many of them, still remain. 456 A LIMITED IMPOBTATION OF SLAVES. CHAP. Negroes, consigned from Barbadoes to the use of the Eight , ^^^- . Hono"'' the Earle of Thanett, and had putt them into the hands of 1673-1683, his Agents untill further Order from this Company. And that the said Comittee were well satisfyed by severall of this Comittee, whoe have discoursed with the said Earle about the same, That the said Negroes were by him sent for before the makeing of the Companys Law, and soe not within the Intent thereof, which being taken into consideration. It is ordered that the said seizure be and is hereby discharged, And that the said Earle, his Tennants and Assignes shall have, Tceepe and retayne the said Negroes, Notwithstanding the Law of this Company, or anything therein conteyned to the Contrary notwithstanding. And that the said Earle, his Tennants and Assignes shall hold and enioy the same accordingly. (3) Upon report of the Grand Committe that the Islands would in all probability afford a more than an ordinary crop of Tobacco this year and that it would be convenient for the Company to empower their Grovernor and the Commander of their now Magazine ship to hire another ship in the Islands to bring away the residue of such Crop of Tobacco. It is ordered that the Deputy Grovernor of the said Islands and the Commander of the Company's Magazine ship the John now bound on a voyage to the said Island be and are hereby authorised and empowered (in case the said ship John will not bring away all the Tobacco's of this years growth) to freight and hire for this Company such other fit ship or vessel as shall be able and sufficient to bring away the residue of such Tobacco : and if there shall not be suflBcient of Tobacco fully to freight her, then to make up her lading with Oranges on the Company's account, and the Company do hereby appoint M"' Arthur Jones, M"^ John Bristow Sen"", and M"" John Bristow Jun', to be their factors for buying thereof, and Capt Norwood now Commander of the said ship John being acquainted therewith did agree and promise to do his utmost in hiring such ship or vessel, and that he would tarry for her and bring her witli him. It is also ordered that if the Company's Magazine ship will carry and bring away all the said Tobacco and that the G-overnor and Council shall judge there is in the said Islands plenty of large and good oranges sufficient to lade such a vessel as will bring home four hundred chests of oranges or thereabouts, then the said M"^ Arthur Jones, M' John Bristow Sen'^, and M"^ John Bristow Jun"", are hereby appointed to be the Company's Factors to freight a vessel for bringing away of the same, so as they do not exceed four pounds the ton reckoning ten chests to the ton, and they are to buy and to provide Oranges for lier lading. Ri : Banner Secretary. 1673-1683. A BOARD OF MAEINE SURVEY. 457 50. The branch of marine business called 'wreck- ^^jf- ing ' has many crooked ways of victimizing underwriters and owners of shipping, one of the commonest of which is the condemnation of a ship on a pretended survey. The following offers a healthy contrast to not a few documents which have since been concocted, by collusion between masters of ships and members of Boards of Survey, to procure the forced sale of a vessel : — Eeport of Survey on a Ship at St. Georges, the 28th September 1677. We, the undernamed persons, by order of Sir JohnHeydon, Knight and Governor, and upon the request of Mr. Kobert Richardson, Commander of the Shipp Marygold of London, do hereby certify that wee went on board the said shipp and do find her to make som water, and that in the space of one hour shee will require about two hundred strokes at the pumps to ffree her, the which is but ordinary for shipps to doo and yet make many good voyages. Wee doo also finde abafte, between wind- ward water neare to her sterne-post som of her sheathings broke off and that her rudder hath bin something shatteredd but now seems to be mended. But for any other defect we see none but according to the best of our judgments doo judge the said shipp of a sufficient capacity and strength to proceed on her intended voyage without unloading or careening. This we deliver as the utmost and best of our judgments, so far as wee can see into the ability and service of the said ship, and witnesse our hands this 28th September, 1677. Thomas Outerbridge, John Welsh, Shipwright, James Flaxman, f Masters of Thomas Laxford, |_ Shipps. The daie and yeare above written the aforesaid Thomas Outerbridge and John Welsh, Shipwright, and James Flaxman and Thomas Laxford, Masters of Shipps, have appeared before me. Sir John Heydon, Knight and Governor, and have attested upon oath the service of the ship Marygold aforesaid now riding at anchor in the Town Harbour according to the request of Eobert Richardson, Commander and the Carpenter and others of the Shipp's company. In testimonie thereof I have hereunto set my hand together with the publique seale of these Islands bereunto affixed, Henkt Tuckee, .John Hetdqn. Secretarie. 458 TAIE PEOFESSIONS OF THE COMPANY. CHAP. 51. Extracts from a General Letter, dated London 1^* October 1677. XVI. 1673-1683 (1) We have continued Sir John Heydon Knight our Governor and Captain General. We have chosen Capt John Hubbard to be our Sheriff, to whom we have sent our Commission. We have continued Henry Tucker to be our Secretary. Provost Marshall, John Bristow Sen"^ is continued. We are well pleased that the continuance and confirmation of Sir John Heydon hath been unanimously approved of, and is so pleasing to the Inhabitants, and accordingly you see we have continued him, and expect both he and you will endeavour the advance and interest of the Company ; and in so doing you will promote the good and benefit of the Islands. (2) We are satisfied with what you have writ concerning the Spermacetti, and in what you have acted therein ; and that you have suspended execution upon those that have submitted, for it was not their fines but obedience we aimed at ; and for such their submission and obedience, they are by us discharged of their fines, and for the future we expect they and all others will be very obedient to Government. (3) You say that you stand obliged by Oath to do equal right between the Company and Colony, and that many Laws and Orders have come to you to be put in execution, which tend to the prejudice of yourselves and the people. If you had given us a particular of such Laws and orders as prejudice you and the people, and the reasons why and wherein, you might have expected us to have redressed the same, but until you descend to particulars and back them with good reason, we must say that all our Laws and orders are reasonable, and tend to the benefit and advantage of the people, and that we in Honour are, and hold ourselves as much, if not more obliged to do equal right between the Company and Colony as you upon your oath are, or can be, and when you have anything, to offer for the good of the Company and Plantation, tender the particulars of the same to us with your reasons, and we will do right therein. (4) We have allowed the account of M''* Jenour being £d 6s. 5d., and have ordered her payment thereof, and have considered of what you writ in her behalf, and have ordered her £30 for a Gratuity for the good services her late husband our Sheriff did us or what else she can demand of us by reason of his being our Sheriff. We sent you a Copy of Thomas Ward's petition, and ordered you to return your opinion what was fit for us to do therein. (5) Your last General Letter of the 25"" May brought us an .RIVALRY OF TROTT AND THE COMPANY. ^459 Account of M"" Samuel Trotts arrival in the Charles, and the chap. XVI. Letter he delivered you, and his demand of the whole utensils, ' and the late recovered Sperma, and that he moved for liberty to 1673-1683. carry away Tobacco. We approve and take well and thank you that you did not allow their request, and if so, suppose he will have little cause to brag of his voyage. You say you do not approve of M' Trott and M"" Leach their attestations, but that a ship of 300 Tons will be able to carry the produce of the Islands, and accordingly such a ship we now send you, and the same ship and Commander you desired, being the John of London, Captain Mathew Norwood Commander. We hope this voyage will make him some amends for his last, and hearing there is like to be more than an ordinary Crop of Tobacco this year, if our Magazine Ship wiU not bring away the same, we have taken care by our Order of Court of 24 August last for our Governor and Commander of the said ship to hire another ship, a copy whereof we send you and expect its performance, and have also delivered our Captain another copy, of whose performance we do not doubt. We have appointed the stay of the said Ship to be 40 days and no longer, and we require you the Governor and Council to take care that she be not retarded beyond that time, nor upon any pretence whatsoever you permit or suffer any ship or vessel to take in any Tobacco or goods at the said Island till our said Magazine Ship be first laden, and that you cause to be laden on board our said Magazine Ship John, all the crop of Tobacco of the growth of the said Islands, ot this present year 1677 if she be able to receive the same, and that you cause the residue of such Tobacco to be laden on board such ship or vessel as our said Governor and Commander shall according to our said order hire for the purpose, and we expressly order that if any person shall refuse, neglect or delay to lade his Tobacco on our said Magazine Ship, or if she be full, then on our said other ship to be hired as aforesaid (they or one of them being able to receive the same) that you do take due and effectual care that such Tobacco be not carried out of the said Islands in any private ship, but that you stay and secure such Tobacco in the Islands until the return of our Magazine Ship or such ship as we shall appoint, and none other. And to the end no person in the Islands may plead ignorance or excuse, we com- mand you our Governor immediately upon arrival of our said ship to issue out your Proclamation accordingly. And we command you the Governor and Council at the departure of this our Magazine ship, and such ship as shall be hired to come with her, and of every other our Magazine ship that shall come ; to take and receive a certificate from the Captain and pm-ser of every such ship, whither she could take in any more Tobacco or 460 A SAMPLE OF TREASONABLE LANGUAGE. CHAP, not, and transmit the same or a copy thereof attested by oiir y''" - Secretary. 1673-1683. (6) After George BuUen (by you sent home prisoner for Treasonable words against his Majesty) had received some days imprisonment in the Tower, his Majesty was gratiously pleased to pass by his offence and order his discharge.' (7) We doe approve and allow of what you have done in sus- pending M'' William Milborne from the Council for words against his Majesty, we have had the attestations you sent us about such words under our consideration, and finding the witnesses to differ very much one from the other in their evidence, we have desired our deputy to attend one of his Majesty's Secretaries of State with such attestations, and take his directions, but his Majesty being at present out of Town, you must not expect our answer to the same till our next general Letter. (8) We thank you the Grovernor and Council for your care in hindering M"^ Trott from shipping his Tobacco in a private ship ; We require you to continue so to do, and let neither M"^ Trott nor any other person make use of private ships. 52. We learn from a Pamphlet printed in 1682, that public disputation with the Quakers was held by the Eev. Sampson Bond before the Sheriff and some of the Justices of the Peace, on 1st May, 1678.^ The chief disputant on the Quaker side was Francis Eastlock, but Wm. Wilkinson, Wm. Bullock, Patience Bullock his wife, and others took part. Bond maintained, — (1) That the Quakers pretended Saviour within him, is not the true Christ, but the false Christ, the Devil. (2) That the main end of the Quakers meetings in these Islands is to make the Lords Christ, his Holy Spirit, his Angels and Apostles, all lyars and false witnesses of God. (3) That the prime principles of a Quaker are the same • George BiiUen, or Bulleyne, master's mate of a 'New England ketch, was indicted May 2, 1677, for treasonable words against his Majesty — ' That the king was a very swarthie man in the face, but of a cleere skin, a very hard-looked man, and he said. If I were a Judge, and he brought before mee, I would hang him for his looke.' He pleaded drink, but was sent home a prisoner in the magazine ship. 2 ' A Publick Tryal of the Quakers in Bermudas upon the 1st day of May 1678. By Sampson Bond, late Preacher of the Gospel in Barmudas. Boston in New England 1682.' It bears the quaint and deceptive headline, 'The Quakers in Barmudas Tried, found Guilty, Sentanced and Executed,' which is explained by a passage in the text — ' Being found Guilty, they are here sentanced, and brought forth unto the deserved execution of the Presse.' A SLAVE DEPORTED TO VIRGINIA. 461 held and professed by the Beasts which Paul fought with at chap. Ephesus. _£!Z_, [Bond being the historian, we naturally hear that the whole 1-673-1683. charge, being proved by the testimony of the Holy Scriptures, was found by the Sheriff and Justices of the Peace a true and just charge. His preface, which is curious, will be found in the Appendix.] 53. Memorandum. Maie the 8"^ 1678. That Daniel Johnson of S' Georges Mariner hath engaged at his next returne from Barbadoes And at his saileing from these Islands for Virginia (whether hee is purposed to goe soone after his returne as aforesaid") then to carry off an Indian man (lately seized by the Sherriffe) and there to dispose of the said Indian according to the sentance of the Honorable Com- panies Order, And in case he the said Johnson shall faile of soe doeing That the said Daniel shall forfeit tenn pounds sterling to be by him paid to the Sheriffe of these Islands for the time being ffor and in behalfe of the Hon'''^ Companie According to their order prohibiting the bringing into these Islands negros Indians and Molattoes. Signed Daniell Johnson. 54. To the Hon"'' Sir John Heydon Kt. and Gouernor and his Councell. The humble Petition of Elizabeth Axton humbly sheweth Whereas there is great probability of and preparation for Warr in S' Christophers betweene the English and the Ffrench — Your Petitioner being an Inhabitant there, for feare thereof, and dread of the rapine and fury of a conquering enemy, the which once already your Petitioner hath felt, to prevent the like damage, did think fitt to transport herselfe and negroes into these Islands to bee protected vnder y' Honor and this Grouern' and whereas your Petitioner since her arrival here, is giuen to vnderstand that the Hon"'* Company haue made an order that no negroes are to be brought ashore in these Islands vnder the penalty of fforfeiture : by reason whereof (your Peti- tioners estate consisting most in negroes) durst not put them ashore without leaue and Lycense from your Hon' and Councell first had and obtayned And since your Petitioner neuer in- tended to expose them for sale but that they should be secured from the hands of the enemy. The premises considered your Petitioner humbly prays That your Hon"" and Councell would be pleased to giue her Liberty to take her negroes. 462 A FALSE ALARM OF WAR, 1678. CHAP. XV L 1G73-1683. 55. At a Council of Warr held in the Sessions House at St. Georges the 14th daie of maie 1678. Being then and there present : — Sir John Heydon Knight Grouernor & Captaine G-en''all Capt John Hubbard Sheriffe Capt John Eawlings Capt George Hubbard Capt Xistopher Burroes Capt William Peniston Capt John Darrell Jun'' Capt" Jonathan Stokes Capt" William Keele Capt" Francis Dickenson Captaine Lieften' John towe Bris- Lieften* William Jones „ John Eiuers „ William Burch „ Samuel Brangman „ Boas Sharpe „ Henry Haruie „ Edward Johnston Enseigne Edmond Euans „ Michael Burrows „ Henry Tucker (1) Then agreed vppon That vppon Mundaie the 20th daie of this instant Maie, the Captaines of the seuerall companies doe, with their Soiildiers, meete in the respectiue mustering places at 8 of the clocke in the morning. And- that the Cap- taines with the assistance of the Counsellors of the respectiue tribes doe then and there appoint a meeting of the Inhabitants of each Tribe, to be vppon the iinediate following daie without faile, by eight of the clock of the morning at the respectiue Churches, where the Captaine or justices are ordered to declare to the Inhabitants how necessarie it is for the good and safe- guard of the Islands, That the Castle Harbor be speedily blocked vpp. As likewise that in regard there is plentie of Iron of the Companies Store in the Sheriffs hands, and that Timber treese (to be taken off the Public Lands) are to be allowed towards the forwarding so necessarie a Worke That therefore the Inha- bitants will be moved to consider of the charge of the makeing of the Iron worke therevnto belonging for the finishing of the said Worke, and others as well as Housekeepers in the respectiue Tribes then and there redelie declare, or vnderwrite what pro- portion of Tobacco or monie they will allow and giue vnto the said counsellors at the next generall diuision for the carrying on the saide worke. (2) Then ordered that all the militarife orders since the yeare 1672 be published at the head of each companie vppon Mundaie next That the soldiers and Inhabitants may not plead ignorance, but to obserue them accordingly As likewise that the Watches be obserued and kept in the Eespectiue Tribes and at S' Georges imediately after the 20th day of Maie aforesaid. (3) Then Agreed vppon and ordered concerning alarmes A LETTER OF CURIOUS TOJSTE. 463 that after the Pilatts boarding of any ship out at sea, that in chap. case his boate do not, within som conuenient time, returne from " - aboard thereof, that then it be concluded by the Lieften' of the 1673-1683. Castle, And Commanders of Fforts that the shipp is an enemies ship and therevppon do iier their Grunns for the alaraming the ■whole Island. Three commissions follow. ' 56. Extract from a Company's Letter dated Oct. 16, 1678. (1) Wee minde you of A Law by us made the 14*" June 1676, That all shipps shall anchor and lye in the Castle and Towne Harbor, And order that it be executed, And that you take care that the Pilott discharge the duty and trust of his place, and lett all Shipps Anchor within the Comands of the Castle and fforts. (2) Wee take notice what you write about the Law about Eumm, and that you will endeavour to prevaile with ffrancis Jones, or some other to undertake it. Wee know that if you were minded that it should be executed, you would laie your coinands on him, or some other for doeing thereof. (3^) You desire an Assembly, partly upon the Consideration of the raiseing of Spanish Monie, but principally about Negroes. Our last acquainted you, that before wee raise the Monie, Wee would willingly have your reasons for the same. And about Negroes, Wee referred you to our Order of the 24"" August 1677, and cannot but take notice that the last yeare you wanted Negroes, and so desired our Law might be dispensed, and now they are growne more numerous then convenient. And that our deceased Sherriffe was industrious in inquirie after Negroes brought in, but could not discover any, so that wee see they are brought in verie numerous, and yet not to be discovered ; pur- sue our Law and said Order, and thereby you would not neede to write further about this Concerne. (4) Our allowance to Justices we hold to be sufficient and find no reason in yours to advance the same, what you mention of the Statute 12 Eich : 2" cap : 10 : of 4(i a day being allowed to Justices here. We know that none of our Justices ever receive the same, and if they did require it, they could have but ^d for the whole Sessions, for that our Law looks on the ' As there is nothing in the Company's letter of October 1, 1677, to account for this alarm, and as England was not at war, it is probably to be accoimted for by the state of public feeling against the Papists, -which culminated a little later in the pretended information of Titus Oates, and was a precaution against imaginary designs of Spain. 464 AN ACT OP LIBEIIALIT7. CHAP, whole Sessions, though of divers days continuance, but as one • - day in Law. 1673-168?, (5) Wee have often put you in mind of A Law made in July 1671, for the preventing of makeing up of evill and un- merchantable Tobaccoe, but doe not finde that it is minded, for that Tobacco comes over every yeare worse then other, and are informed, That the bad makeing \ip of Tobaccoe was presented this last Assizes, And an order made therein. But you are not pleased to let us know thereof. Wee order you to send the same to us that wee may retorne it to you confirmed, and make additions thereunto if need be, that thereby so great an evill may for the future be prevented ; and wee order you this yeare to take effectuall care in this so great a Concerne, both to us and to the Islands. (6) We still continue our former resolutions and order that no dunnige kentellage or firewood be allowed this or any other Magazine Ship. (7) And wee have also returned you, well fixed, All the Armes you sent us this yeare. Wee are sonie that one of the Sakers broake, but by the Sherriffs Letter, partly understand the occasion thereof, ffor he writes that it was charged with 4 or 5 pounds of Powder, when as 2 pound at most is a suffi- cient Charge for a bigger gunn. If officers doe not understand their places, wee must put in those that doe. Let the broken gunn be returned us by this our Magazeene ship, and all other broken gunns now by you. Wee lament the Grunners death, occasioned by the breaking of the said gunn, And have, towards releife of his widow and 5 children, ordered them Tenn pounds, which M'' Noden will take care shall be paid accordingly. (8) Wee have considered of the Petition of Neriah Hill, who first discovered the Sperma Whale, and have ordered our Treasurer to Invest ffive pounds in good Linnen for him, which Wee think fitt to give him, and doubt not but hee will thank- fully receive the same. (9) We take notice that you the G-overnor and Council have at a Council Table held the 20'" April 1667, made the Constable's oath more strict than formerly, and well like thereof, and have confirmed the same, to which oath we are informed all the Constables have submitted but John Jennings. We know you need none of our directions to make him submit, and order you to deal with him and all refractory persons as they deserve, and let not Grovernment be slighted or contemned. (10) Our last acquainted you that Wee had appointed our Deputy G-overnor to attend one of his Ma"'° Secretaries of State with the Attestations by you sent us, concerning words spoken by M"^ William Milborne against his Maiestie, and accordingly TREASONABLE WORDS CONDONED. 465 care hath been taken thereiD. And his Ma*'"^ Secretary hath had the sight and perusal of all the said papers, And hath acquainted his Ma*'^ therewith, Whoe takes well that Wee and 1673-ig83. you are carfuU of his Honour. But his Maiesty is graciously pleased to forgive and pardon the said M"^ William Milborne the said offence. You are therefore at his Eeturne to receive him kindly, and as one of his Maiesties good subiects, And dis- charge the Recognizance you tooke from him. And wee expect he will accordingly demean himselfe. And that bee and all others will be more carefuU of their words for the future, and that neither he, nor any amongst you will have the least thought, word or deede, against so Good and Gratious a Kinge, whome God Grant long to Eaigne over us. 57. Bermuda and the Turks Islands. The Turks Islands, now usually regarded as belonging to the Bahamas, are in a very special manner connected with the Bermudas. They lie due north of St. Domingo, and derive their name from a species of cactus, Melo- cactus communis, commonly called Turk's -head in the West Indies, which abounds there. It is claimed by the people of Bermuda that they were the first to discover their value for the production of salt, and that they virtually took possession of them at least as early as the period we have reached ; although, therefore, I have found no documentary evidence on the subject, this is the place to notice them. It was the practice of some of the Bermuda planters to repair with their slaves to these Islands every year, to make salt, and they did so without molestation from about 1678 to 1710, when they were attacked and driven away by the Spaniards. The Spaniards were in turn dispossessed by a privateering expedition sent soon after from Bermuda under Captain Lewis Middleton, and much petty warfare was carried on between the parties for the next forty years. In 1764 a French flotilla from St. Domingo attacked the Bermudian salt-rakers, destroyed their houses and effects, and carried them off prisoners (for which they ultimately paid an indemnity). This led to investigation of the real ownership of these small islands, resulting in a just decision that they belonged to the British Crown, but an unjust one, as it was contended by the Bermudians that ■ VOL. II. H H 466 THE TURKS ISLANDS AND BEEMUDA. CHAP. XVI. 1673-1683. they also appertained to the colony of the Bahamas (28- Geo. III., cap. 6). The salt trade was at that time of vital importance to Bermuda, the Legislature of vphich long and earnestly protested against the right of the Legis- lature of the Bahamas to tax their salt. Their argu- ment was very ably urged in a pamphlet published in London by Mr. John Harvey Tucker, under the signature of ' Isocrates,' in 1803, for which he received a vote of thanks from the Bermuda House of Assembly, and a gratuity of lOOZ. The question has ceased to have any commercial importance to the colony. 58. We now come to the beginning of the end of the Bermuda Company, in a succession of petitions addressed by the inhabitants of the colony to the Crown, which could not be disregarded. The complaints of the planters did not at first fall on sympathetic ears ; but they were too well founded not to prevail at last, and, as little has been hitherto known of the struggle, or of the degree to which it occupied the attention of the Government, which was about this time embarking in a great constitutional conflict with the chartered municipalities of England, it will be traced at some length. Copies of a great number of the documents quoted were furnished by the Commit- tee of Council for Trade and Plantations to the Company, and by them sent out to Bermuda, where they are re- corded ; others have been found in the Public Eecord Office. For convenience of distinction and reference, the petitions following will be numbered ; but one or two which have been already given may be considered as a part of the series ; see especially Perient Trott's Petition, at p. 448. Petition No. 1. — To the King's most Sacred Majesty. (1) The humble petition of us Free-holders, Merchants, and Inhabitants of the Bermuda, alias Somer Islands.' ' Humbly Sheweth, Whereas your Eoyal Majestys Predecessor King James of ' 'Colonial Entry Book,' vol. xrii. p. 63, and MS. iv. p. 176. It was received by the Committee of Council, June 14th, 1679, PETITION AND AGGRIEVANCES NO. 1. 467 blessed memory did on the 29"" day of June in the 13"" yeare chap. of his reign, give and grant unto the first proprietors of those . -^^'- . Islands sundry privileges and liberties, to make and establish 1673-1G83. such ■wholesome Laws to regulate and Grovern your Majesty's Loyal subjects with, provided they were not in contradiction to the known Laws of your Majestys kingdoms, in obedience to which (may it please your Majesty) several good and wholesome Laws were made and enacted by the said Company, and con- firmed by the Grovernor and Council and Assembly in these Islands. Now may it please your Majesty, many of the Proprietors have disposed and sold their Interest to Merchants and Inhabi- tants of these Islands, who did believe they should enjoy the benefit of such Laws as were at the first established. But the Company at London, contrary to all Law or justice by order to their Grovernor and Officers here (who will execute the same) do disseize and dispossess the Inhabitants of their Freeholds and Establishments without any trial at Law whatsoever, and have ordered that no more Assemblies shall be convened, so that the Inhabitants for want of an Assembly to press their grievances, are almost ruined with the Company's ordering and imposing unjust Taxes upon their Commodities, and making of your Ma- jesty's poor subjects in a manner slaves ; as by the annexed articles and agrievances (reference to them being had) at large will appear the premises considered. We your Majesty's poor distressed subjects and Petitioners do humbly implore your sacred Majesty graciously to hear our just complaints and agrievances, and to order us your Majesty's poor Petitioners such relief as to your Majesty shall seem most convenient and necessary, and your Majesty's poor Petitioners shall, as in all allegiance of duty bound, for ever pray &". Signed John Stowe, Thomas Smith, Chkistophek Smith. (2) The Agrievances and Complaints of us Freeholders, Mer- chants and Inhabitants of Bermuda alias Somer Islands. Impris. The owners and possessors of Land in Bermuda are by orders and printed instructions from the Honble Company of Adventurers for Plantation of Somer Islands &", their Grovernor and officers here, disseized and outed of their inheritance with- out any trial at Law. 2naiy Many of your Majesty's Subjects and ships bound from Jamaica and other Ports for the Port of London with full freight, many times prove so leaky that they cannot keep the 468 PETITION AND AGGRIEVANCES NO. 1. CHAP, sea, being destitute of provisions and water, ready to perish, and . J^^i- . -would put in for relief to furnish themselves with what they 1673-1683. want, and pay punctually for the same, that so they may gain their intended Ports. The Grovernment and Officers of the aforesaid Islands have prohibited and hindered them from coming in, unless they would pay the Port Charges, such as trading vessels pay, which is unreasonable ; by means whereof they are con- strained to run great hazards, and go unrelieved, which might with all convenience be spared, to the refreshment of your Majesty's subjects, and the relief of the Inhabitants. 3rdiy ijj^g Honoble Company have by their Orders to the Grovernment and officers aforesaid, ordered to seize and take from the Freeholders, Merchants and Planters, 4* out of every Grallon of Eum they bring from Barbadoes, notwithstanding your Majesty's Custom, four and a half per cent, is paid at Bar- badoes by the owner thereof, before he can procure a coquet for shipping the aforesaid rum off. 4'^ Whereas the Honoble Company are bound by Letters patent to supply the Inhabitants with Ships every year, yet in the time of the late war with the Dutch, the Company afore- said sent never a ship in two years time, so that the Inhabitants were left destitute not only of Merchandize, but of Arms and Ammunition ; nevertheless the Freeholders, Merchants and Planters and Factors could not be permitted to consign their Tobaccos for the Port of London, in their own vessels or any other, but must keep it till that perish and be utterly lost ; not- withstanding security was tendered for your Majesty's customs. gthiy ijijjg Inhabitants and Freeholders of Bermudas are left remediless of making their sad and deplored condition known, for that we have no Assembly called as formerly ; nor Commis- sioners come over to examine the proceeding of the late Grovernor and Council, according to the Honourable Comp''^ own Book of Laws and Institutions, intending to stifle the Inhabitants and Freeholders of their Eights and privileges they intended them at the first settlement. gtwy fjujg Freeholders, Merchants, factors and Planters many times have occasion to petition your Sacred Majesty or the Honoble Company for relief in many injuries imposed upon them ; the Grovernment in the Islands wiU suffer no petitions to come for England, but must be allowed and approved of by them, and if the scope of the petition touch the Grovernment here for their illegal proceedings, then it must not be put in the Company's box, nor allowed of; and so the petitioners cry not heard nor relieved ; for if the Petitions come not in the Company's Box by the allowance of the Governor and Council PETITION AND AGGRIEVANCES NO. I. 469 here, the aforesaid Petitions are slighted, buried in oblivion chap. and never read. , ^^^- . 7"' Whereas by the Letters Patent, the fourth part of the 1673-1683. Island is allowed and alloted for defraying the public charges of the Island, yet notwithstanding the Grovernment of the Island do mulct and tax the Inhabitants, Merchants, Factors, and tradesmen, to pay a general Levy, as they call it, both by the Land and by the Poll ; and upon refusal of payment do attach, seize, and condemn the goods of the persons refusing, and keep the same till they will pay ; or imprison them till they do. gtwy ijijjg Honoble Company have made a Law that neither Freeholder, Merchant, Factor, Tradesman or Planter shall bring from any of your Majesty's Plantations either Jamaica, Barbadoes, or any other Leeward Islands &c., any dry goods whatsoever ; but they shall be forfeited, and the ship likewise. gtniy The Honoble Company do prohibit Freeholders from building of vessels for relief of themselves and Inhabitants, the general good and welfare of the Islands ; and also to the discour- agement of Navigation and trade. That the Inhabitants may have neither ship nor goods, but what shall come from them when, and at what rates they please. lO""'!" The Freeholders &" do very much groan under the burthen of a want of Free Trade to dispose of their commodities for their best advantages, where and to whom they please, paying your Majesty's Customs, and not to be confined to send it to the Port of London, although it will bring the owner in debt ; for no other purpose but that the Company may have a third part of the value of the Tobacco for duties, as they call it ; by means whereof the Planter is discouraged from planting great quanti- ties for freighting many vessels, when as they must but have one yearly. 1 1'""' The Freeholders &" do complain that they are prohi- bited from carrying on of the Whale fishery, it being a design tending to the increasing of your Majesty's Customs, the advanc- ing Navigation and trade, the employing of the Inhabitants and Tradesmen, and the enriching of the Island. John Stow, Thomas Smith, EiCHAED Mathalin, Cheistophee Smith. (3) At the Court at White Hall, May 16, 1679, present the King's Most Excellent Majesty in Council. Upon reading the Petition of the Freeholders, Merchants, and Inhabitants of the Bermudas, alias Somer Islands, com- plaining of the injury they sustain by the Company at London trading, thither, and humbly praying his Majesty to hear and 470 ACTION OF THE COUNCIL OP STATE. CHAP, redress their Grievances. His Majesty in Council is graciously ^ •^^^- pleased to refer this complaint unto the Eight Honoble the Lords 1673-1683. of the Committee for Trade and Plantation (to whom a copy of the Petition is to be sent) who are to examine the whole matter, and to report to this Board how their Lordships find the same, with their opinion thereupon. Egbert Southwell. 59. At the Committee of Trade and Plantations in the Council Chamber at Whitehall 21 June 1679. (1) An order of Council of the 16th May last is read refer- ring vnto the Lords of the Committee a Petition of the ffree- holders merchants and Inhabitants of the Bermuda Islands, complaining of the injury they sustain by the Company at London, and therefore praying His Mat^ to hear and redress their Grievances, which are eleaven in number, contained in a paper annexed ; vpon this occasion their Lo"^ take notice that on the 10"" April 1876 there had been sent vnto the Governor and Company of the Bermudas a Circular Letter from the Committee, together with several heads of Inquiry concerning the constitu- tion and present state of that Company and Islands belonging vnto them,i since w""" time noe answer has been received Where- upon their Lo^° think fit before they enter upon the considera- tion of the present complaint, to summon the Company to give their attendance at such time as the Lord President shall direct, and to expostulate with them for this neglect.^ (2) July 4, 1679. The Company attended, and ex- plained that they did not fail for want of respect, but by reason their magazine ship was not come. The Council order the following letter to be written : — Council Chambers 5*' July 1679. Gentlemen, His Majesty having been pleased by an order in Council of the 16"" May last to refer unto the Eight Honoble the Lords of the Committee for trade and foreign plantations a petition and complaint of the Freeholders, Merchants, and Inhabitants of the Bermuda Islands against that Company, their Lordships have commanded me to submit unto you copy therof, with their directions that you attend their Lordships on Wednesday the 1 6* instant at nine in the morning, in the Council Chamber at Whitehall, in order to make answer unto " See p. 428. ' ' Colonial Entries,' vol. cvi. 26-7. ANSWER OF THE COMPANY, 1679. 471 the said complaint. And whereas the same persons have since ^^^7' presented another complaint unto their Lordships signed by ,-1— fifty seven Inhabitants ; it is further thought fit that copies 1673-l68a. thereof be put into your hands, that you may be the better enabled to make your full defence at the same time, all which by their Lordship's commands I signify unto you, and am Gentlemen, your most humble servant, Wm Blathwatt. To the Deputy Gov' and Comp^ of the Bermuda Islands. (3) The Company returned their answer on July 15, as follows : — The answer of the Somer Islands Company as well to the Grievances and Complaints of John Stow, Thomas Smith, Eichard Marthalin, and Christopher Smith, who call them- selves Freeholders, Merchants and Inhabitants of Bermudas alias Somer Islands, as also to an Abstract of the Planter's articles against the Company. 1. No Freeholders or Possessors of Land have been disseized or outed of their Inheritance by any order or private instruc- tions, without due proceeding or examinations, had according to the Laws and constitutions of the Company. 2. No ships are prohibited from putting into the Island, and in all places port charges are taken, and those in the Island are reasonable and employed for the public good, and the Com- pany here receive no benefit thereby. 3. The Company have made a Law imposing the duty of 4* a Gallon on Eum, and conceive the same to be reasonable. 4. The Company never omitted sending a Magazine Ship but one year, and that was in the Dutch war, when Imbargos were on all ships. 5. That there is a Law for the Governor to call an Assembly, and if there be just occasion and he neglect, the Company will give order. 6. The Inhabitants are not forbidden to send any public peti- tions to his Majesty or the Company, but private petitions of appeal betwixt party and party under five pounds, are not to be sent without approbation, and for sending over Commissions to examine proceedings of their Governor and Council, the Com- pany have not thought it expedient so to do, there being no just grounds made known to them why such Commissions should issue. 7. If the Governor and Council do lay illegal taxes, it's without the Company's order, and upon complaint it shall be 472 ANSWER OF THE COMPANY, 1679. CHAP, redressed : But say the general lands allowed and allotted for . .-^^^ . defraying the public charge of the Islands are set aside and 1673-1683. employed for that purpose, and that the same is not sufficient to defray the charge of Grovernment. 8. Their Magazine Ship is sufficient to carry all dry goods, and none others ought to go without the Company's leave ; this matter hath already been complained of to his Majesty in Council by M' Trott and others, and upon a full hearing of Counsel on both sides, his Majesty was satisfied with the Company's manag- ing their trade in a Magazine ship. 9. The building of ships in the Islands above five tons is prohibited ; the which is done to preserve the timber for the necessary supply of the Island. 10. The Company's ship is generally sufficient to bring away all the Tobacco, and the Company do take care if any extraordinary crop of Tobacco happens that the Governor and Council do hire another ship to bring the remainder to the Port of London, and the bringing it to the Port of London doth secure his Majesty's customs, which otherwise would be in danger to be lost. 11. The Company having all Eoyal ties, amongst which the Whale fishing is included, made a lease thereof, which is yet in being, and such whale fishing hath been at the request of several of the same Lessees or undertakers lately prohibited, because of several differences among them, and the Company have no benefit thereby. 12. No Tobacco ought to be brought from Bermuda but in the Company's ship, and if any private man should bring the Tobacco otherwise, the Company by their Charter have power to seize the same. 13. The Company do lay a duty on Tobacco which is wholly employed to support the charge of Grovernment, and for above fifty years there hath been a duty on Tobacco according to the charge of Grovernment, and the duty cannot be to the prejudice of the Inhabitants, whose duties altogether do not amount above .... pounds per annum, and if the Grovern- ment could be otherwise maintained, the traders and members residing here would not lay this burthen on themselves. 14. The Company's Magazine Ship is sufficient to supply the Island, and such as she brings are to be had at reasonable rates, and the Inhabitants are well and constantly supplied. 15. If there be any unlawful distresses made, upon com- plaint made thereof, the Company would readily have re- dressed it. 16. The Forts and Castles are well fitted and never better for defence than now, and the people armed sufficiently to PETITION AND ARTICLES NO. 2. 473 defend themselves against an}' invasion, and the Company yearly chap. send over a supply of Arms according to the Islands wants, and ^3^1_ the intimation they receive from their Officers. 1673-I68a. 17. The Company have endeavoured to obtain their just tax or duty on Tobacco, according to the Laws and constitutions of the Company, the same being necessary for the support of the Government. Signed by order of the Court 15 Julie 1679. GiLB. Gbeakd Dep: 60. In the meantime another petition had reached the Crown, probably brought by the magazine ship whose non-arrival was the Company's excuse for not having answered the Committee of Council before. She arrived in the Downs on June 21, but her mails may very well not have reached the Company on July 4, or not have reached them with time for consideration. Petition No. 2. — To the King's most Excellent Majesty. (1) The humble petition of your Majesty's most humble, loyal and obedient Subjects the Merchants, and Freeholders inhabiting your Majesty's Islands of Bermuda in America.' Shewing 1. That at the general planting of the said Islands, many of your Nobility, Gentry, Merchants and others were incor- porated by the name of the Governor &° under pretence of a grant of the said Islands to some of them from the Virginia Company, long since dissolved. 2. That the said Company were then possessed of all the lands in the said Islands, and the Planters only their Tenants or servants sent thither at the Company's charge. 3. That the Peticers with great hazard, labour and industry, have long since purchased, and are become owners of three quarters of the Land in the said Islands. 4. That the Company besides the alienation of their lands, are now so few that their Government is not practicable as it is directed by their Charter, nor have they traded as Company upon a joint stock for aboye 50 years last past. 5. That the now pretended Company, contrary to the Book of Laws, made by the true Company, before they had sold any Land, do impose so many taxes, payments, and intolerable hard- ships, a schedule whereof is hereunto annexed, keeping them under such slavish subjection and tyrannous oppressions, that • ' Colonial Entry Book,' vol. xvii. p. 69, and MS. iv. p. 178, received by the Committee of Council July 6tli, 1679. 474 PETITION AND ARTICLES NO. 2. CHAP, being no longer able to endure them, your Petitioners did by . ^^^- . their Assembly about five years since most humbly make their 1673-1683. complaint, by petitioning your Majesty, and the said pretended Company likewise ; but the Company concealed all the said petitions, gave your Petitioners no relief, but ordered that the Assembly should meet no more. 6. Humbly pray That your Majesty will be graciously pleased to send them a Grovernor, impowering him to allow them such freedom of trade as is by the several Laws of Navigation enjoyed by all your Majesty's Subjects, (your poor distressed Petitioners only excepted,) and they will most cheerfully pay unto your Majesty all duties and Customs, as also fortify the Islands, and maintain their G-overnor without putting your Majesty to the erpense or ever asking any thing towards it, the General Lands only excepted, which was by the words of the Charter ordered and at first set apart to that purpose only. And your Petitioners together with all the rest of the Inhabitants of the said Islands men, women and children, shall ever pray for your Majesty's long, happy and prosperous reign. (2) An Abstract of the Planters' Articles against the Bermuda Company : — 1 '* They tiu-n the Freeholders out of their Inheritance with- out any trial at Law. 2nd They prohibit distressed Ships to put into their ports without paying Port charges, which is 1* per ton. 3"^* They tax Eum at 4* a Gallon, after the Custom and all other duties are paid. 4"^ In the Dutch Wars the Company sent no ship in two years. 5*" The Inhabitants are forbidden to have any Assembly, and to send any Petitions for any relief either to the King or to the Company but by the approbation of the Governor and the Council. 6'" They tax the Inhabitants both by Land Poll for mainte- nance of the Government, and levy the money by distress when the General Land is sufficient to defray the charge. V They conderhn all dry goods that do not come in their Magazine Ship. S"" They prohibit the Inhabitants to build any Ships. 9'" The Company's ship is insufficient to bring the Tobacco only, and that to the Port of London only, which is at least a third part lost to the Inhabitants. NOTABLES OF THE COLONY, 1679. 475 10'" They prohibit the Whale fishing though they have chap. granted a Lease thereof. ■ ^-^ 1 1'" They seize both ships and goods that bring Tobacco 1673-1683. from the Bermuda, and confiscate them to themselves. 12'" They lay a Tax on Tobacco, which amounts to a third part of the profits of the Land. 13'" They suffer the Planters to have no goods from Eng- land but what comes in the Magazine ship, and those at exces- sive prices. 14'" When the Officers make distress for any of those pay- ments they never restore the surplus. 15'" That many of the Forts are quite fallen down, the rest so ruinous and decayed, which, together with the guns being most of them dismounted, and others unserviceable, that were the people well armed, which scarce any of them are, the place is not now capable of defending itself against any inconsiderable enemy. 16'" That the Company do ordinarily charge the Inhabitants with debts under the pretence of duties not paid to them, and charge their Governor in the Island to seize their Goods and Lands, and imprison their persons, and that before any Trial had, whether there was one penny due or not, as may be instanced by several persons so served. Signed by fifty-four inhabitants, whose names follow, viz. : — Eichard Apowen + mark Thomas Hall Jun"" William Barnes * Henrie Harvie William Basden * Cornelius Hinson W^ill. Burch + mark George Hubbard * Christ. Burrowes Sen'' John Jennyns Jeremiah Burroes Sen'' Richard Jennyns John Burroes Edward Johnston Mick. Burton William Keele * Tho' Cooper + mark Thomas Lotryll '* Joseph Cox Edward Merritt * John Dickeson * Solomon Middleton James Ffarmer Henry Moore Henry Fford William Morgan Thomas Fforster * John Morris Sen"- * Lazarus Ffrith Sen-^ John Morris Jun"' * Eichard Gilbert, Sen"^ Samuel Newton Jun' * Thomas Hall Sen'' * John Painter 1 The names to which an * is prefixed are still borne in Bermuda by families of the class famishing the magistracy and members of the Legislature. 476 THE CASE ARGUED BY COUNCIL. CHAP. * Anthony Peniston * William Tucker . -^^^- . * Josias Pitt Jonathan Turner 1673-1683. Stephen Eighton * BenjaminWainewrighte Sen' * George Smith John Wainewrighte John Squire William Wayte William Stafford John Wentworth John Stone * William Williams Sen"" William Stone William Williams J"" * John Stowe Edward Willis Joseph Stowe * Anthony White John Stringer Sen"^. * John Young Sen'' * Paula Trimingham 61. 30 July 1679. This day being appointed to hear the complaints of the Planters of the Bermudas against that Company, vpon condition they would pay vnto the Company the charge of their last atten- dance, when for want of Counsel learned they had excused their coming to a Tryal, the planters pay vnto them Five pounds. The first article of Grievances complained of by the Inhabi- tants being That the owners of Lands in Bermuda have, by order from the Company here disseized and outed the Planters with- out any Tryal at law, is now discussed by both partys The Company alleging that there is a power granted vnto them by Charter, to hear and decide all differences ; and that noe Title was ever tryed in the Bermudas vntil the year 1654, at which time they had thought fit to constitute a court of Justice subor- dinate to the Company here ; and that they have not only reserved vnto themselves ye Eight of Appeals, but the hearing several cases at the first instance. The Inhabitants argue in their own behalfe That the obliga- tion of attending the Company here for the decision of Differ- ences does oftentimes turn to their ruin, by reason of the great expense they are forced to bee at in coming soe far and the neglect of their Plantations at home That if after a tryal at Law in Island by a Jury (as happens in divers cases) The com- pany shall continue to take upon them to reverse the Judge- ment and to make a different determination here by their own Orders, it will bee always in their power to favour one another and even to reassume the lands which they shall have devised to the Inhabitants. Both parties being withdrawn, and their Lo''* having fully debated the matter of this Article, agree that it does 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 ; GRIEVANCES CONSIDEEED SERIATIM. 477 and that the Tryal of Causes originally by the Company here is chap. illegal and oxight not to be continued ; and that in case the " - parties will not consent to refer the matter of the whole Com- 1673-1683. plaint to the decision of the committee, then the Lords will Eeport that the powers of this Charter bee left to a Tryal at Law by a Scire facius, or Quo Warranto. 62. 21 Oct. 1679. Both parties are again present. The Lords adhere to their decision as given above. The Petitioners by their Council proceed to the second article of y° abstract given in by them against the Company, complaining that they prohibit distressed ships to put into their port without paying Port charges, which are 1 shilling per Tun The company argue the reasonableness of this imposition from the benefit such ships doe find in the protection and safety of their Ports, which must infer a due acknowledgement from them for the maintenance of the said Ports which afford them reliefe But the Planters arguing not only against the nature of the Tax, as imposed in noe other planta- tion, but against the Quantum as being a heavy summe : bhe Company doe at length confess that there is such a Duty established of 12* per Tun, but declare that the same is never received Upon this article their Lordships think it very fit and reasonable that some duty be paid by all ships coming into Ports by way of anchorage, and for their Maintenance, but whether this tax of 12'' per Tun bee too great and burthensome they will take into their further consideration. As to the fifth grievance, complaining that the Inhabitants are forbidden to have any Assembly, and to send Petitions for reliefe either to the king or Company, but by consent of the Grovernor and Council It appears that the people have no further right to Assemblys than is given them by the Company or the Gov"^ who can best judge of the vse of them, and the. Plaintiffs offering part of a letter dated the 26th of October 1676 from the company to the Governor and Council directing them for the future to let noe Petitions come withoiit their opinions and thoughts concerning the same; their Lordship doe not think that this can amount to any denyal to permit them to petition the company, or that there is any hardship imposed upon the Inhabitants by this letter, it being very fit the opinions of the Governor and Council should always accom- pany their Petitions to the company for their better informa- tion And whereas the Inhabitants complain That y* Company debar them from the liberty of Appeals and Petitions unto his majesty particularly alleging That about five years past the General Assembly had agreed on a Petition which is now read 478 GRIEVANCES CONSIDERED SERIATIM. CHAP, to his majesty, and sent it to the company to be presented by ' ■ them, but that they stifled the same returning hard language to 1673-1683. such as brought it. The Company confess the receipt of this Petition but deny their having concealed the same out of any designe to obstruct y" relief to the Inhabitants, the effect thereof having been laid before His Ma'^ in council about three years past, upon a hearing between the Comp* and Mr. Perient Trott. Their Lo"' doe hereupon agree to Eeport their opinion that y'' Inhabitants ought to have absolute liberty to present their peticons and appeals vnto his Ma'^ without any interposition or participation whatsoever. Vpon the 7'" article that they tax y^ Inhabitants both by Land and Poll and levy the money by distress, the plaintiffs produce the copie of a warrant signed by the Grov' of Bermudas to distrain vpon y' goods of y' Inhabitants that should refuse to pay an assessment of Tobacco for the support of the Govern- ment And M' Eighton says that he has made complaint of this matter to the Compa at divers times in ten yeares without redress The Comp* aUege that if any Tax bee levied by y^ Gov'' without the consent of y® Inhabitants (except what has been formerly established for the support of the Government) the same is against their order and contrary to a known law in these words viz That the Governor shall not lay any Tax vpon the lands in the summer Islands or vpon the y® people and comoditys otherwise than by authority of y" Generall Assembly to be levied and imployed as the said Assembly shall appoint. The 8th Article that they prohibit the building of ships is thought frivolous. And where as their seems to remain only two materiall points yet vndecided, viz Whether the Company have any right to lay taxes on y® people without y' consent of the Generall Assembly. And whether the company may recieve appeals from the sentances given in the summer Islands Their Lo''= will hear them argued by both parties on Thursday in y'' after- noon. Accompanying the votes of the Assembly for 1673, as already mentioned, p. 385, were two petitions, dated August 11, 1673. They were read at this meeting, as appears by the endorsement. 63. Thursday, 23 Oct. 1679. Present the Lord Chan- cellor and six more. The case is argued by council. ' The Plaintifs doe not think fit to insist any further at THE LORDS OF THE COUNCIL KEPORT. 479 1673-1683. present vpon these two points. And after a fresh dis- ^¥Jf- cussion by the learned council on both sides concerning the right of original causes, both parties withdraw. Whereupon their Lo^^ after a long debate, agree to Eeport the minutes of their first meeting on the 30 July last, as alsoe that there bee an entire liberty given to the inha- bitants of presenting their Petitions and Appeales vnto His Ma*^ without the leave or participation of the Go- vernor or Council.' This Eeport was signed 30 Oct., and a letter directed to be written to the Company requiring them to furnish the Committee with all their laws and constitutions of government, together with the commission and instructions given to their Governor in the Summer Islands. 64. At the Court at White Hall the 14 dale of November, 1679. Present : His Highness Prince Eupert Earle of Essex Lord President Earle of Bath Lord Priuie Seal Visct. Ffalconbridge Duke of Lauderdale Lord Cavendish Marq. of Worcester Lord Bp. of London Lord Chamberlayne Lord Ch. Justice North Earle of Bridgwater Sir Henry Capell Earle of Sunderland Sir John Earnle. Mr. Seymour. Whereas a Eeport from the Et. Honble. the Lords of the Comtee. for Trade and Plantations was this day read at the Board in the words following : May it please your Matie. In obedience to your Maties reference of 16th of Maie 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 parties with their Learned Councell, the articles of grievances presented by the planters (many of them appearing of little weight and others being waved and passed over by the com- plainants,) were att length reduced into the particulars follow- ing. 480 EEPOET OF THE LOEDS OF THE COUNCIL, CHAP. Ffirst. The Inhabitants complain that they are forbidden to send any Petitions or present their appeals unto Your Matie. 1673-1683. for reliefe, without the approbation of the Grovemor and Coun- cil of those Islands : for remedy whereof wee humbly offer our opinions that your Maties. subiects inhabiting those Islands ought to enjoy the comon influence of Your Eoyal Proteccon, and to have an absolute liberty of presenting their Petitions and Appeales unto your Matie. without the participation or inter- position of any person whatsoever. And whereas the inhabitants doe likewise complaine that the owners of lands in the Bermudas have by orders from the Company disseized and outed the Planters without any tryall at Law, wee have heard what could be said in this case by either party and the Company did alleadge unto us that there is a power granted them by Charter to hear and decide all differ- ences, and that no title was ever tryed in those Islands untill the yeare 1654, at which tyme they had thought fit by their orders to constitute a Court of Justice upon the place, and that they have not only reserved unto themselves the right of appeals but of hearing divers cases att the first instance. The Plaintiffs on the other side did argue that the obliga- tion of attending the Company here for the decision of differ- ences does oftentymes turne to their Ruine by reason of the great expense they are forced to beare in coming so farr, and the neglect of their Plantacons 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 own orders ; it will be alwaies in their power to favor one an- other, and even to reassume the lands wch. they shall have demised to the Inhabitants : Besides that whereas formerly the whole company was resideing here in England, and that att present three parts of four 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 full debate of the matter of this article, wee are humbly of opinion that it dos not appeare that the Com- pany have any power by their charter to determine matters of right as a court of Judicature at the first instance, And that the tryall of causes originally by the Company here is illegal and ought not to be continued. And that in case the parties will not consent to referre the matter of the whole complaint to the decision of Your Maties. Comittee. of Plantacons, [if Your Matie. shall so thinke fitt] wee cannot then but advise Your Maty, that the powers of this Charter be left to a tryall 1678-1683. THE FffiST WRIT OP QUO WARRANTO. 481 at Law by a Scire facias or Quo Warranto, All of which is most CHAP, humbly submitted. ^^^- Eadnor Bridgewater H. Coventry Lauderdale Bathe J. Earnle Ffauconberg H. Powle Council Chamber, 29th October 1679 The said Eeport was thereupon approved in council and it is hereby ordered that in case the Company of the Sumer Islands will not consent to refer the matter of the whole com- plaint made against them by the Planters to the decision of the Lords of the Comtee. for trade and Plantations then the Powers of their Charter to be left to a tryall at Law by a Scire Facias or Quo Warranto. John Nicholas. 65. The Company were not deterred by these proceed- ings from conducting their affairs in the same spirit as ever, and at this stage addressed the subjoined letter to the Governor and Council : — Sadlers Hall 26 Novm. 1679. Crentlemen (1) Wee received yours of 28"" Aprill last with the Letters and papers you sent in the Box by our Magazine ship the John, whoe arrived in the Downes the 21^' June last. Wee now, ac- cording to your desire, returne the same ship and Coinander to you (vizet) the John of London, Capt Mathew Norwood Co- mander. And order you to give her quick dispatch. Wee have appointed her stay fforty dales and noe longer, and require you that you cause to be laden on board the said shipp all the Cropp of Tobacco of the Island this present yeare 1679. And that noe Shipp or vessell upon any pretence whatsoever be suf- fered to take in any Tobacco or goods at the said Islands till our said Magazeene ship be first fully laden, and if she shall not be able to bring away this yeares Cropp, Wee order you the Governor and Councell to appoint som fit ship or vessell to bring awaie the residue of the said Tobacco to the Port of London, that soe noe psons may complaine for want of conve- nient shipping to send awaie their Tobacco, and recoinend it to you the Governor and Councell to take care that the Companies dutyes bee secured, and expressly order you not to suffer any such Tobacco to be laden aboard any such ship, untill the per- son desireing to ship the same have by p.sons that have land or otherwise of ability in the Islds, and also the Master of the Ship receiving such Tobacco, entered into a Bond of a sufficient VOL. II. I I 482 BONDS TO BE GIVEN BY SHIPPERS. CHAP, penalty to the Groverno' for payment to us of the dutyes of such _ XVI. Tobacco, every of which Bond Wee order you to keepe. And 1673-1683. when wee have received such dutyes Wee shall give you order to deliver upp such Bonds. But if default be made in payment thereof you shall have notice from us that no such Bonds may bee put in Suite. And as a further meanes to secure our dutyes, Wee order that the Captaine of such ship shall signe the receipts and Bills of lading after the forme of these the Coinander of our Magazeene ship signes, some of which wee now send you. And if any person shall refuse or neglect to Lade his Tobaccoe on our said Magazeene ship if she be able to re- ceive the same, or if not, then on such other Shipp as you shall appoint, or if such person refase to secure the Companies Duties thereof in manner as aforesaid Wee then require you the Grover- nor and Councell to take such course and care that such To- bacco be not carryed out of the said Islands in any By or private ship. But that the same Tobaccoe be stayed and secured in the Island untUl such person will shipp according to our direc- tions, and in manner and forme as aforesaid. That soe such Tobaccoe com home in our Magazeene Ship or such Ship as you shall appoint and none other. By meanes whereof his Maiesties and the Companyes dutyes will be both secured, and there will be an eqallity in Trade. And to the end all persons may have notice of these our Orders and eonforme themselves thereunto, Wee comand you the Governor upon arrivall of our said Maga- zeene Ship to issue out your proclamation for the same. And at the departure of our Magazeene Ship receive a Certificate from the Master or Purser thereof whether she could take in any more Tobaccoe or not, and send tJie same to us Attested by your Secretarie. (2) Here follows a list of officers appointed. (3) Touching MoUatoes, Indians and Negroes, you tell us our Laws and Orders therein shall be put in Execution. Wee understand some are since landed and shall be glad to heare that you doe accordingly execute the same. But ffrancis Jones hath petitioned us for some Negroes, which wee have granted to him and send you our Order therein and expect your Comply- ance therewith. (4) We have considered of the Petitions of Sara Appowen and Eachel Colson, whose husbands were slayne by fiering of Gunns in our service, and doe order that our Sherriffe pay to them equally £12 10s. that is to say £i) 5s. apeece to each of them being resting in his hands of the Anchors he sold Capt Norwood towards the releife of the said Widdowes and their fatherles Children. REV. S. BOND DISCHAEGED AGAIN. 48,* (5) Wee are glad M' Vaughan and his Sonne are safe with P^^- you, and setled in their respective Charges to your spiritual -_ , ' .^ Consolacons, But are sorrie to heare that old M"" Vaughan came 1673-1683. to a ruinated house, and that speedy care was not taken to put it in repaire. Wee order that it be forthwith done, and that the Ministers have all possible Countenance, encouragement and kindnes. (6) As for M' Sampson Bond, Wee refer you to our Order of Court herewith sent you, and expect you yield obedience thereunto, and accordingly discharge M' Bond, and order that he forthwith quitt and leave his dwelling house and Grleabe, and that the same be lett and improved at the most rent, and an accompt thereof and of all other rents received from Gleabes dureing the Vacancye returned to us, and how such vacancye have bin supplyed, as wee writ in our last, a full Answer herein accordingly returned to us, and lett the other Ministers supply M"^ Bonds place untill another come. (7) . . . . Wee hope Capt Norwood will not this yeare complaine of the extreme and unreasonable bignes of Chests, it will be his owne fault if he doth, for wee have ordered him not to take in any above fifteene hundred waight (8) Woodford's ship sunk in the sea, but we take well the care you took for the prevention of her carrying away Tobacco privately, and that you cause the searchers to bring their tickets to the Secretary's officer according to our Order ... if Wood- ford's ship had come safe home, notwithstanding all your care she had brought a considerable quantity of Tobacco, and by our Sheriffs Letter we are informed that Woodford hath given a fair warning to have more care the next time, and that there- upon our Law hath been again published which makes all Boats forfeit that shall carry any Tobacco or Cedar aboard, or out to Ships, save only our Magazine Ships, the publication whereof we take well and shall be well pleased at its execution, and also order that no Boats presume to go out after ships without the leave of you the Governor, upon pain of forfeiture, and order you to seize the same. (9) We send you by this our Magazeene ship 101 new musketts : and 29 musketts repaired : 500 wt of musquet bullets : 1 Barrell flints : 12 Halbards : one Pattizon (Partizan) for the Grouernors Lieutenant : 2 Drums : 2 spare lines : 4 hoops : 5 setts of snares : 24 Drumheads : 1 2 cuttlices : 1 Barrells of Powder: 100 Collars Bandaleeres : 200 wt of sheete lead : 100 great Iron shot ; 100 wt Barr shott, and one great Iron Gunn : what old armes you haue by you, send 'hovrM the next yeare and they shall be returned well fixed. (10) We take notice what our Sheriff writ in his Letter to 484 company's laws to be enforced. CHAP. US about a small vessel that arrived with you the 22°* October . -^y^' . 1 678 Peter Andrews Master, the which came without our license, 1673-1683. and take well the Sheriff his readiness to seize her, but very- much blame you the Grovernor and such of the Council as hath hindered the same, for our Law was not (as you said) made pur- posely against M"^ Trott, but is a General Law to be observed by all, and executed against every one that offends, and these small ships cheat his Majesty and the Company of their duties, and us of our Trade, for we 'take notice by the Sheriffs letter, this Andrews entered the goods he brought upon a Transire to Waymouth, and although you the Governor and Council had not thought fit to seize the said ship, yet you might well have observed what we writ in our General Letter of the 13* February 1676, that M"" Trott nor any other without License of this Com- pany were to land any goods or Merchandizes in the Island, usually brought in the Company's Magazine Ship. (11) We also take notice that the Owners Advice built by William Eighton Jun"" in contempt of Government might have been seized by you, and notwithstanding the Waiters put on board of her, she brought a considerable quantity of Tobacco to the Port of London, an account of which we have taken out of the Custom Book, and transmit it you, and order that Eastersons, and his Sureties Bond be forthwith put in suit for recovery of the duty thereof, and send us an account thereof, and for pre- vention of these mischiefs for the future put our Laws of the 22"* November 1676, and the orders we have made against private Ships in execution. (12) We take notice by our Sheriffs Letter, that there hath been received by you the Governor of M"^ Jenour £^ 2* for powder money and also received by you the Governor and Council of our now Sheriff ^12 6* for powder money, it's said the same is by you laid out for Public charges. Let us have an account thereof by the next. (13) We require the Commanders of Forts to look after their charge better than of late they have done, and see that the same be kept in repair, and bring in their bills for the same in due time to the Sheriff. (14) It is proposed that we should settle two pilots, at each harbour one, and them to be also searchers, and under an oath, and to live at the Harbors to look after prohibited goods, as well brought in as carried out. Let your next give us your opinions therein, and reasons for the same, and the names of persons fit to be employed therein. (15) By our last Letter we minded you of a Law by us made in July 1671, for preventing the making up of evil and unmerchantable Tobacco, and that the bad making up of THE COMPANY ON ITS OWN AFFAIRS. 485 Tobacco was presented at an Assizes and an order made therein, chap. and ordered you to send the same to us for to make alterations . ^^^- and additions thereimto, but you neither send the same, or one 1673-1683. word in answer thereunto ; but on the contrary neglect the executing of our said Law and Orders and the punishing of offenders, for we hear some persons have been detected for this so great a crime and passed by without punishment, we find the deceit increases and this year Tobacco came over worse than ever. Let your care be more than ordinary in this, that so much concerns both the country and us, and let this mischief be prevented. (16) We still continue our former resolutions, and order that no Dunnidge Kintallage, or firewood be allowed this or any other Magazine Ship (17) There hath been lately presented to his Majesty in Council, Petitions and several articles against the Company, the which are chiefly managed by M"^ Eighton since M' Trotts disease, copies of all which and our answers thereunto we now send you, the same have been heard several days before the Lords of the Council : upon their report an order of Council was on the 14'" November instant made therein, a copy of which we also send you that so you may see the truth of the whole matter,^ by the order you will find that in case we will not consent to refer the matter of the whole complaint to the decision of the Lords of the Committee for Trades and Planta- tions, then the power of our Charter to be left to a trial at Law by a Scire facias or Quo warranto ; we have not as yet resolved which of the two propositions to take, those contests happening, we thought it not convenient this year to hear and determine Causes and Appeals, whilst our power to do the same was in dispute, and so no person is to receive any prejudice thereby, but let all things stand as they did. And so committing you to the protection of the Almighty, We rest You very loving friends, Eichard Chandler, Manchester, Governor Sam' Smith, Gilbert Grerard Dep. Sam' Smith Sen'', George Waterman, John Chandler, Thomas Carfoote, Thomas Tolson, William Symonds, George Waterman Jun' John Skinner, John Tucker, Henry Dandy, Hugh Noden, Eichard Bencham. These for the Governor and Council of the Somer Islands. ' See Petition No. 1, p. 466, and the ' Agreevances' following, but Petition No. 2, p. 473, appears to have been embraced in the same report. 486 THE COMPANY ELECTS A TRIAL AT LAW. CHAP. 66. The foregoiag letter was followed by another which v_33i_^ inclosed to the Governor and Council a copy of the 1673-1683. Petition (No. 2) given at p. 473. 6th December 1679. Gentlemen Since the writing of the within written Letter (of 26 Novem) the Lords of Committee for Trade and foreign Plantations sent to the Company a Letter dated the first of December instant, and a copy of a new petition exhibited against the Company and require the Company to attend on Thursday last at ten in the morning, with an answer upon the Order of Council made the 14th November last, accordingly the Company attended and declared they had not acted otherwise than their Charter empowered them to do, and if his Majesty should think fit to try the power of our Charter at law by a Scire facias or Quo Warranto, the Company no wise doubted but their Charter would justify what they had done ; and so the Company chose to have the Law decide the same, a copy of the said Letter and new petition is now sent you, all which I am ordered to signify to you, and am Gentlemen, your most humble servant Ei : Banneh, Secretie Sadlers Hall London the 6* of December 1679. 67. From a paper of ' Issues on the Quo Warranto to be layd on Monday at the Kings Bench Barr' (no date), twenty in number, we gather the following definite charges against the Company : — (1) That they appropriated the issues and profits of the public lands to their own private use. (2) Collected an illegal tax of 4cZ. a gallon on Rum. (3) Imposed an illegal poll tax of 5s per head. (4) Taxed every share of land 40 lbs. of Tobacco, although the public expenses were amply covered by the rents of the Public Lands, ;|th part of the whole. (5) That in 1676 they made an order that no person not being a member of the Company should either import or export goods or produce except in their magazine ship, without their licence, under pain of forfeiture. (6) Under colour of this order they seized and sold the ship a New England trader. (7) They tried to exact an illegal oath of one Robert Steevens, CHAEGES AGAINST THE COMPANY. 487 a mem'ber of the Company ; and expelled him, and illegally "^j^^.^- fined him £50, for refusing to take it. ■_ . " (8) By a Court 19 Apr. 27 Chas.II.(1675)theyillegallyousted 1673-1683. Perient Trott of divers lands without any legal proof or trial. ( 9 ; They in like manner expelled and disseizedWill. Eighton, 1678, Thoa. Lecroft, and Grodheard Asser. (10) They have not defended the Islands against Pirates and other enemies, hut have permitted the Forts and Castles to run to decay and ruin. (11) That when the places of Grovernor, Dep. Gov'' and 24 Assistants fell vacant in Easter Term 1 677, they wholly neglected to elect other officers, as they should have done by their Letters Patent, and that some of those who remained in office, e.g. Sir G. Gerard, Sir Fr. Gerard, and several others, then chosen assistants, have no shares in the Company. The document proceeds : — The Bermudas Company originally consisted of 150 of the Chiefs of the nobility Gentry and merchants who had and were Proprietors then of the whole Island, and the Inhabitants then were only their servants and Tenants at half profit, and so con- tinued tlae state of the company for some time, till at last those persons selling their Interests to the Inhabitants then and there Planters, and by divers of such sales the Company fell into the hands of those who had little or no Interest in the Plantation, and as it has been this last age all the members of the Com- pany have not an eighth part of the Land of the Country The Government thus falling on the shoulders of men of little interest there, occasioned the miscarriages w""" have since happened, and they having few or no Tenants there endeavoured their private lucre by oppressing the Inhabitants with illegal taxes, as the rate of 1^ a lb on Tobacco which got them near £3,000 per annum. And the easier to make such Lawes they distributed shares to make voyces, as Pym's executors, having so divided them to 10 persons to make 13 votes. They being thus in power, hang draw and quarter, dispose of mens lives and estates at pleasure as by the Breaches assigned. They have set up a Scotch kirk viz Presbyterian parsons, and those they have main- tained there have been allways such, never a Churchman there amongst them, nor a Liturgy ever used, so that their church as well as state Governm' hath been all along Irregular and Phanatiq. Noy and Hutchins who was formerly turned out of the Com- pany for ti-easonable words, they in the late times of &c. {sic) viz about 2 years since, they receive him in again as a Brother to the Councel, so that the King had reason enough to suspect this Company and order this Information. 488 ANOTHER PETITION, NO. 3. CHAP. The pr.sent Company consists of Breakers Tobacconists non- ^^^- conformist Ministers, net makers and Eetailers of small wares, 1673-1683. fit persons for the management of a Plantation ! 68. At the Committee of Privy Council, 1 Dec. 1679. Present the Lord President (the Earl of Eadnor) and five others. A Petition being presented to the Committee on behalfe of the Inhabitants of the Bermudas praying that y^ Comp* might bee directed to attend with their final answer concerning their grievances It is ordered that a copy of the Petition bee sent vnto the Company and that they attend with their Answer vpon the last order of council, which otherwise will bee pursued. The following Letter was thereupon written :— Council Chamber December 1'* 1679. Gentlemen Upon reading the enclosed Petition presented in behalf of the Inhabitants in the Somer Islands the Eight Hoiible the Lords of the committee for trade and foreign plantations have thought fit that a copy thereof be sent unto you, and that you attend their Lordships on Thursday next at ten in the morning with your answer, upon the Order in Council of the 14"" November last concerning the Somer Islands, or otherwise the same will be pursued according to the directions therein contained which by their Lordships I signify unto you, and am Grentlemen, your most humble servant W. Blathwatt. To the Deputy Grovernor and Company of the Somer Islands. 69. Petitionee 3. To the Eight Hon^'^ the Lords of his Maiesties most Hon"® Privy Councell "The Comittee for Trade and Plantations. The humble peticon of the Merchants, ffreeholders. Inhabit'^ and Planters of Bermuda. Sheweth That in Male last your Petif laid before his Ma*'^ in Councill the several] Greivances and insupportable burdens they groane under by the indirect practices of the pretended Governor And Company of those Islands residing in and about London which his Ma"^ was gratiously pleased to referr to your Lordshipps, who was pleased to examine the first Article thereof, and which THE BERMUDA COMPANY ANSWERS, 489 your Lordshipps did report the said Governo^ and Company have acted illegally and ought not to be Continued, which Eeport of your Lord""' having hin read in Councill is Con- 1673-1683. firmed. But as yet your Petitioners are without releife, and inasmuch as the Eight Honor"'® the Lords of his Ma"^° most hon^'^Privie Councell by their Order 14"'Maie last have ordered your Petitioners in this matter to address your L""' for redresse upon their whole Complaint, And to the end your Petitioners may receive releife, they have hereunto annexed a Copie of their Greivances with the Answers of the said Governor and Company and praie releife accordinglie, And that they may be encouraged in the waie of their Trade unto, and from the said Islands, and they shall most cheerefuUy paie his Maiestie the Duty of flfoure & a halfe pr. Cent, and submitt to such Goverent & Governor as his Maiestie shall please to appoint, and defray the whole Charge of the Goverent with the Geiirall Land at first by the Charter set apart to that purpose. May it therefore please your Lordships to direct that in a short time the said Governor and Company be commanded to attend your Lordships for a final determination of these griev- ances, and that in the meantime your Lordships would be pleased to give order, that your Petitioners or any of his Majesty's subjects trading to these Islands may have no restraint put upon them for trade, in any of their own or other ships they employ, nor impositions or taxes on their goods unto and from thence, his Majesty's duties and customs excepted. And as in duty bound they will pray &". Vera Copia Examined per Ei : Banner Secretie. 70. 4 Dec. 1679. The Bermuda Company attending w'*' their answer vpon the Petition presented on the first instant in behalf of the Inhabitants of these Islands, are called in, viz. Sir Gilbert Gerard Mr Alderman Chalenor Mr Banner Seer^ and others. As also on the other side Mr John Trott and Josias Pitts. The Company by their learned council endeavoured to excuse their proceedings of Justice, and allege that all persons con- cerned in any cause before them are directed to withdraw when y" same is heard before the Company Soe that the Inhabitants residing in the Islands cannot well receive any prejudice by determination of causes here But the Adversarys deny that this custome is indifferently practiced by the Company, and M' Trott alleges that they took away 22 acres from his Father with- out his being duly heard. 490 ISSUE OF THE FIEST WRIT, 1679. CHAP. At length S'' G-ilbert Gerard in y° name of y" Company . -^y^- . doth declare to y° Committee That they will wholly rely on his 1673-1683. Ma"^^ favor granted to them in their charter, and only submit the legality of it and their proceedings vnto the Law. And their Lord""' are therevpon of opinion that the Order in Council of the 12th of November last bee pursued. And that his Ma"^' Attorney Greneral bee directed, for the prevention of further differences and complaints, to bring a Quo Warranto against that Charter bearing date the 29th of June in the 18th yeare of the reigne of His Ma"^^ Eoyall Father. A Eeport to this effect was read and approved 13 Jan. 1680 N.S. 71. At the Court at Whitehall 21 January I67f Present The Kings most Excellent Majesty in Council, the following Eeport was read dated 22 Dec. 1679 : — May it please yo' Ma*^ Wee have vpon a Petition presented in behalfe of y* Inhabi- tants of the Summer Islands called before vs that Company. And, being attended by S"' Gilbert Gerard Dep'' Governor Mr. Alder- man Chandler, and divers other members thereof, They have declared vnto vs that they will wholy rely on your Ma""' Favour granted vnto them in their Charter and submit to the determin- ation of the Law in all differences concerning the said Company Soe that wee are therevpon humbly of opinion that the order of Council dated the 12"' Novem. last past bee pursued and that your Ma'''' Attorney General bee directed for the prevention of further difference and complaints to bring a Quo Warranto or Sciere facias against that Charter bearing date the 29 Jime in the 13th yeare of the Eeigne of your Ma''"' Eoyal Grandfather, and against all other powers pretended by that Company. (Signed) Anglesey CP.S. H. Powlb WOECBSTBR BaiDSBWATER Hereupon Sir Creswell Levenz Kt His Ma'''' Attorney General was ordered to proceed accordingly, and a writ was issued in Hilary Term 1680 demanding of the Oubernator et Societas Londoni pro Plantatione de le Sorrier Islands. Quo Warranto clamant habere tenere uti et gaudere d/Lversas libertates privilegias et ffranchesias infra civitatem Londoni et insulas predictas, unde impetrati sunt. This cause was never brought to an issue. We read that — After the expenditure of about £300 in- prosecution M' THE PROSECUTION DEOPPED. 491 Attorney was refused to he permitted to mend his plea by chap. y'' Court and entered a noUi prosequi in Trinity Term 1682' ^^^- whereupon the Lords of his Ma"^° Hon"'* Privy Council ordered 1673-1683. y' a new Quo Warranto should be brought, which was done accordingly, and the Company suinoned by the sheriff, who returned Niehil &c. on the writt.'' The technical reasons which made it expedient to drop the first prosecution do not appear ; but there is no entry in the book, whence most of these extracts are derived,' between August 1682 and June 1684. We shall come to the subsequent proceedings under their proper dates. 72. Letter from the Company. Sadlers Hall 11 Feb-- 167|. Gentlemen, Since the writing of our General Letter of the 26*'' Novem- ber, the Ship Owners Advice, William Eighton Master, arrived with us from Bermuda. We received no Letter from you by her, but she brought a considerable quantity of Tobacco to the Port of London, an account of which we have taken out of the Custom house Book, and transmit it to you, and expressly order Mr. Eighton and his Surety's Bond be put in suit for recovery of the duties thereof ; and that no delay be used therein, and send us an account of what should be recovered thereon. Our Magazine Ship hath lain wind bound a long time, we hope she ' In the Roll for Trinity Term, 32 Car. II. (1680), there occurs the following entry : — • London SS Plitm int Dmn Regem et Gubernator et Societat Civitatis London pr Plantatione de. le Somers Islands et Gilht Gerrard Milit Georgiu Waterman Milit, Rich Chandler, Hngonem Poden, Henry Bendy, Johem Browning et Johem Meredith librs homines et . . . litatores Anglie, adventurers et Planters civi- tatis London de le Somer Islands pde, quo warranto clament here gaudire et uti divos Libtat privilegs et fFranches intra civitat London et alibi unde impetit sunt et unde petunt inde diem loquendi usque a die Sci. Michis in tres Septianas et eis concedit. coram Dno Rege ubicunque &c idem dies dat est pfat Gub. nator et Societat Oivit. London et Gilberto Gerrard — Georgio Waterman &c. [This is all the entry.] In the Great Doggett for Michaelmas Term, 34 Car. II. (1682, p. 280) we find the following : — Intr judiciii pr Dno Rege quod disclam. Gubnator et societate civit London pr Planta. de le Somer Islands et Gilbt Gerrardi et ali et impletus non prosequi. ' See Reasons offered to Mr. Secretary Jenkins against His Ma*', granting a letter of approbation of a Governor chosen by the Bermuda Company. ' Col. Papers,' vol. xsxiii. ' ' Colonial Entry Book,' vol. xvii. 492 EXTENT OF CONTRABAND TRADE. ^^^' will at last arrive in safety with you, and that you will speed ' r-^—' her return. Thus committing you to the care of the Almighty, 1673-1683. ^e rest Your very loving friends Signed by order of Court, Ei : Banner Secretie Sadlers Hall, London the 11''' February 1679. To our very loving friends Sir John Heydon Knight, Deputy Grovernor, and the Council of the Soiiier Islands. The weight of four hundred fifty and five rolls of Bermuda Tobacco landed at Dice Key out of the Ship Owners Advice, whereof William Eighton is Master, and Samuel Scott Merchant. 4 cwt 1 qr 7 lbs 49 EoUs 51 55 50 55 50 55 50 55 64 55 60 55 26 55 55 55 4 55 2 5, 3 4 55 1 55 13 4 55 1 ,5 17 4 55 2 55 17 6 55 55 5 55 2 „ 2 55 1 5, 24 5 55 2 „ 41 5> 2 „ 25 455 The neat Tobacco of the above said, amounts to Four Thou- sand, Sis Hundred, Eighty three pounds. Witness our hands this 13th day of February 1679. Egbert Matson, Jambs Fotle, Land Waiters. 73. At a Council Table held at St. George's in the Sessions house the 13*^ of July 1680, then and there present : — Mr. Henry Durham Sm John Hetdon K'- & Oov% Capt. G-eorge Bascom, Capt. John Hubbard Sheriff, M"". John Huchins, Capt. W"- Peniston, M' Arthur Jones, Henry Tucker Secretie. Capt Mathew Norwood, Commander of the Magazine ship John of London (which came to anchor in the Castle Harbor the 7'" of this instant July) did then present the Honble Com- pany's Box directed to Sir John Heydon Deputy Grovernor and the Council, the which was then broken open and a catalogue of that general or particular Letters, Packets &c. was therein con- ained, was then taken, and is filed in the Secretarys oflSce. 1673-1683. FOUR COUNTER PETITIONS. 493 74. .The following example of an obsolete form of law chap. occurs casually in the entry of a sale under the date "^^^' 12 October, 1680 (MS. viii. p. 96). Possession was giuen by the within mentioned George Ball with Turf and Twig vnto the within mentioned John Crow and his wife the daie & yeare within mentioned, in presence of vs, Eichard Stafford Sen' & 2 others. 75. Petition, No. 4, of some of the Planters in Bermudas. Eeferred to the Committee of Council, 16 Feb. 168f . To the Kings most excellent Mat^ The humble Petition of many of your Matyg good subjects freeholders and others in behalfe of themselves and dirers others inhabiting your Ma"'^ Islands called the Summer Islands other- wise Bermudas, sheweth That whereas your Eoyal Grandfather King James of blessed memory hath, by his Gracious Letters Patents, established an Honorable Company within the City of London for Govern- ments of these your Islands, under whom our fiathers and your pet' have enjoyed much peace and quietness for Three score and eight yeares, and whereof all your Ma'^' Plantations in their first settlement have received much benifit, more especially of late years Caroline, which the Hon'"* Proprietors thereof have well resented. Now since several disaffected persons have en- deavoured by their Petitions wrongfully charging them with injustice and oppression to induce yo' Ma'^to withdraw the splendor of your Gracious Countenance from them and vs, vnder which this yo' Island mourneth ; the pleasant Trees being blasted, and your humble pet" living in great pain, till your Ma''' restore the company our nursing Fathers, to their Ancient method of Government. We therefore humbly beseech yo' Ma'^ to lay yo' Eoyal Com- mands vpon the Company to reform what is amiss among them, and let not this Island suffer with their dissolution Yo'' pef' al- ready suffering too much in their wonted peace and quietness through these Alterations. And for such your Ma'^' Grace and clemency Wee shall ever pray &c. (Signed) Will. Hall Francis Tucker JohnFfox Dan Seymor Neriah Hill Tho' How Hen. Vaughan M John Bristow Jun' John Bristow Sen"". John Tucker Three other petitions were presented to the same effect. 494 THE company's authority confikmed. CHAP. 76. Committee of Trade and Plantations 21 Feb. -IGS-J . ^^^- . - Present Prince Eupert, the Lord President, and six 1673-1683. others. A Petition of Divers planters of Bermudas referred by an Order of the 1 6'" instant being read, representing the present vnhappiness of those Islands by reason of the dissentions between the Company and the Inhabitants, and therefore praying His Ma'^ to order that company to reform what is amiss among them To the end all things may bee setled there in peace and quiet. There is also offered to the committee the depositions of George Bond and Jonathan Francis, Mariners, concerning a Bond which S' John Heydon y° Governor would have obliged the said George Bond to enter into not to load any Tobacco, as alsoe that the Governor had imprisoned Josias Pitt for publish- ing an Order of Council, whereupon their Lordships agree to Re- port that they doe look upon the behaviour of Sir John Heydon in these cases to be a great contempt of His Majestys Authority, and are therefore of opinion that by a Declaration of His Majestys Pleasure hee bee directed to come over forthwith into England to answer what is layd to his charge by the said Bond and Ffrancis, as also that the said Josias Pitt be released from his imprisonment in case it bee true that he was confined for no other reason than publishing his Ma"** order in Council. And for as much as the Company have represented vnto their Lord"' the great confusion y* Summer Islands are fallen into by y^ knowledge their Inhabitants have received of the prosecution his Ma"' has directed against their charter by a Quo Warranto, and that vpon presumption that his Ma'^ has withdrawn his Eoyal countenance and protection from that company they re- fuse to pay those duties and submit to the Laws and Orders to which they are liable by the Eules of the Charter, and which are necessary for the present support of the Islands. Their Lo"" will offer that His M'=' doe signify his pleasure by the same de- claration vnto the Inhabitants of the Bermudas, (whereof a duplicate may bee delivered vnto the Company) that they con- tinue under obedience to the Compa and submit to the powers which were granted vnto them by their Charter, and to y° Laws and orders made in pursuance thereof, vntill the Tryall by a Quo Warranto w"" is depending before His Ma"" Court of Kings Bench be brought to a determination. 77. At the Court at Whitehall the 25*" of February 168f . By the Kings most Excellent Majesty ; and the Lords of his Majesty's most Honble Privy Council-. SIR JOHN' HEYDON RECALLED. 495 Upon reading this day at the Board a Report from the- Right chap. Honble the Lords of the Committee for Trade and Foreign , ^^^- ,, Plantations in these words following :— 1673-1683. May it please your Majesty, In obedience to your Majesty's order in Council of the 16* instant. We have considered 'the Petition of divers Free- holders of the Sumer Islands, and have been attended by that Company, as also by several other persons, who formerly pre- , sented the complaint against them, and upon examining the present state of that place; we received the Depositions of Creorge Bond ; and Jonathan Francis, who also made oath before us. That Sir John Heydon Governor of these Islands about September last, sitting in Court with his Council, warned Josias Pitt before him, who producing your Majesty's original order of Council touching these Islands, which he had before pub- lished in the Churches, (as is usual, as they alledge in matters of a public nature) the Grovemor commanded the Marshal to carry him to prison, and told the said Pitts he must find security before he should be released, and that when Capt Peniston, one of the Council, was speaking afterwards of the said order, the Governor replied it ought to be burnt and not published. And the said Deponents having further declared that the said Josias Pitt, as they believe, is yet remaining in prison for publishing your Majesty's said order ; we cannot but represent this behaviour of Sir John Heydon (which is also disowned by the Company) to be a great contempt of your Majesty's autho- rity, and therefore we are humbly of opinion, that by a declara- tion of your Majesty's pleasure he be directed to come over forthwith into England, to answer what is laid to his charge by the said Bond and Francis, as also that the said Josias Pitt be released from his imprisonment, in case it be true that he was confined for no other reason than publishing your Majesty's order in Council. And forasmuch as the Company have repre- sented unto us the great confusion the Sumer Islands are fallen into, by the knowledge those Inhabitants have received of the prosecution which your Majesty has directed against their Charter by a Quo warranto, and that, upon presumption, that your Majesty hath thereby withdrawn your Royal contenance and protection from that Company, they refuse to pay those duties, and submit to the Laws and orders to which they are liable by the Rules of the Charter, and which are necessary for the present support of those Islands. We humbly offer that your Majesty do signify your pleasure in the same declaration unto the Inhabitants of Bermuda whereof a Duplicate may be delivered unto the Company that they continue under a due 496 SERIOUS DISASTER AT SEA. CHAP, obedience unto the Company, and submit to the powers which ^_5XL_ are given unto them by their Charter, and to the Laws and 1673-1683. orders made in pursuance thereof, until the trial by a Quo warranto, which is depending before your Majesty's Court of King's Bench, be brought to a determination. All which most humbly submitted &". Eadnoe, Ailesbuet, L: Jenkins, Chesterfield, H: Loudon. February 21"' 168^. His Majesty was pleased to approve of the said Eeport, and did order that one of his Majesty's Principal Secretaries of State, do cause a Declaration to be prepared for his Majesty's Eoyal Signature, pursuant to the tenor of the said Eeport, and dispatched away by the first conveniency to the Bermudas. Ex'* John Nicholas. 78. Letter from tiie Company. Sadlers Hall 8 March 168f Grentlemen, (1) The box you sent by our Magazine ship the John, and your general Letter of the 30"' September last, and all other papers therein, were in January last brought us by Capt Mathew Norwood late Commander thereof, who acquainted us that he set sail from you in October last, and within ten days after, his ship foundered in the sea, and was lost, and himself, seamen, and passengers had all perished with her, had they not been taken in by Jonathan Francis, Master of the ship Providence, who came in Company with him, and providentially saved them. The loss of this ship hath been very considerable to us, (but to Gods will we submit). We very much blame you the Grovernor and Council for not giving her a more speedy despatch ; we will not say she was lost for want thereof, but are sure her stay did her a great deal of hurt, and if she had come home safe, yet her owners and we had received much damage and loss. (2) We take notice that the said ship Providence and the Friends advice, Greorge Bond Master, were invited into the Islands, and then encouraged to carry away the Tobacco thereof. If the Grovernor and Council had pursued what we writ you in our last, and after our Magazine ship was full, appointed a fit vessel to bring away the residue of the Tobacco as we in our last letter gave directions, you had thereby disappointed the said private ships, discouraged them and all other privateers, secured our duties, and complied with our orders, and until FRAUDS IN THE TOBACCO TRADE. 497 these private ships are discouraged and prevented, both the ^^yf- Country and Company will suffer, and in a short time the trade ,-J_ of Tobacco will thereby be quite lost. We refer you to our 1673-1683. said Letter, and for the future expect your better compliance with our orders therein, and that you will pursue them and the orders and instructions by us formerly given you for preventing of private ships, and securing our duties, for without them we cannot supply you with ammunition, pay your Ministers, and bear the charge of Grovernment. (3) We minde your intentions of proclaiming our law about Entry of Claims, and supposing it is now accordingly done, we expect an account of its effect. (4) We well approve of your restraint of boats from carry- ing Tobacco aboard to ships at sea, and what you write concern- ing the same, and pray your continuance of your care therein. (5) We take notice of the £9 2s paid by you the GTovernor to our Sheriff towards discharge of public debts, are sorry your house is not repaired, we have often writ therein, and it's strange you cannot procure your own house to be kept in repair. We order the Sheriff to do the same, how the £12 6s by you the Grovernor and Council received for powder money of our now Sheriff hath been laid out for public charges, or what's become of the same, we do not hear of, but require you to send an account thereof. (6) The order you made at a Council Table held at S'. George's in the Sessions House the 3'"'^ and 4''' of January 1677 about Tobacco, and against the deceitful making up thereof, we well approve of, and confirm the same, and take notice of the proceedings against Thomas Wooton, and the punishment inflicted on him ; nevertheless we still find that Tobacco comes over deceitfully made, and that deceits increase therein. There- fore your care must be more than ordinary to detect and punish offenders ; and besides we know Tobacco from New York, Virginia and other places are brought into the Island and made up as, and for Tobacco of the growth thereof, and so disposed of, so that what by deceitful making up of Tobacco of your own growth, and the deceit of making up other Tobacco instead thereof, you will in a very short time quite lose the trade thereof. It's of great concern to the Island and therefore we expect you to be very diligent therein. (7) You mention that the Island Henry Durham desires, is but an acre of rocks, and never any thing given for it, pray let's know what will be given for it, and the utmost rent it will produce. (8) We take notice that your last General Letter came to us signed only by you our Governor our Secretary, and M'' John VOli. 11. K K 498 THE company's view of theie position. CHAP. Huchins, Our Sheriff hath satisfied us why he did not subscribe, . • ■ but we have not one word from any of you of the Council, 1673-1683. who did not sign, in excuse thereof, and so we conclude that you thought the Quo Warranto had put an end to our Grovem- ment, but (thanks 'be to God) it is not yet So ; His Majesty will not condemn us before we are heard, neither is he at all dis- pleased with the Company as some imagine, or at least would have him to be. (9) We send you an order of the King and Council made the 25'" February last, by which you will find his Eoyal will and pleasure signified. That all our duties are to be continued, and that the Inhabitants are to continue imder a due obedience to the Company, and submit to our Laws and orders until the trial by Quo warranto be determined. We have put in our plea to the said Quo warranto, and are not in the least afraid to go to trial when, and as soon as they who prosecute please to bring it to a hearing. The Company as it's reported among you is not yet broke, nor in any danger thereof : the said Quo warranto for form's sake is brought in his Majesty's name, but he is not at one penny charge for the same, but the whole prosecution thereof is managed with the help of some money raised among you by persons who design their own private ends, and no wise the good or benefit of the Islands, one of the great prosecutors here, hopes that his Majesty will grant him the Government of the Island ; others (we mean M"" Trotts executors) hope to get clear some debts they owe the Company for duties, for payment whereof he gave his bond ; and actions at Law have been brought by us thereon, and we have had verdicts for the same. But they for delay sake have brought writs of Error in hopes to get the Company dissolved before the same can be brought to hearing : what benefit will accrue to the Inhabitants in having the Company broke, we leave it to the consideration of you and all sober men to judge. (10) Some parts of his Majesty's said order of Council parti- cularly relates to you our Governor, and you are thereby directed to come over to England to answer the charge therein. We send you the affidavits of Bond and Francis mentioned in the said order of Council. We think it will be no hard matter for you our Governor to clear yourself, and to give his Majesty and Council a satisfactory account of the whole proceedings. (11) We let you our Governor and Council to know that before this complaint was made against you, the Lady Boughton your daughter being now a widow, moved us to give you leave to come over, which we thought reasonable, and accordingly granted the same. A NEW GOVERNOR APPOINTED. 499 (12) We have made choice of another Governor to succeed chap. Sir John Heydon, and sent him our Commission in Sir John's ' - letter. But the same is not to take effect or be delivered to 1673-1683. him until Sir John embarks himself and leaves the Island, for it's our pleasure that Sir John continue our Grovernor till the very minute he leaves the Island. We require that so much of the said order of Council as concern the Inhabitants and the peace and quiet of the Island be forthwith proclaimed. (13) In hopes that private ships have left some Tobacco behind them, we send you a small Ketch for the same, the Society of Loudon, John FuUwood master thereof, and require you to give her a quick dispatch : we have appointed her stay but thirty days, we order that you cause to be laden aboard her, all such Tobacco as is now ready for transportation, and that you do not permit or suffer any ship or vessel to take in any Tobacco or goods till she be first laden. We resolve this year to dispatch our Magazine Ship from home so timely, that she may be with you before or presently upon division day, and expressly command you for to secure a freight for her ; and that you per- mit no private ship upon any pretence whatsoever to take in any Tobacco till after our said Magazine is fully laded ; so as she come to you by the 10'^ March, as we have formerly ordered. (14) We for your present supply send you by the said Ketch six barrels of powder. (15) We order that according to the law by us made in 1676, all ships anchor within the Castle and Town harbour, and within the command of the Castle and Forts, and that neither you our Grovernor or Secretary give any Dispatches to Ships before such time as our Sheriff hath certified that they have been duly searched, and that he hath received of them Port charges, and that all other Port charges are paid according to the laws, and Custom there. (16) We are sorry to hear of M"^ Vaughans death, we shall take care to send you another in his stead. Tn the mean time let the other Ministers supply his place. We are moved that M' Vaughans daughter may at present continue at the Glebe house and lands wherein her father dwelt (and which it's said he repaired at his own charge) which we think reasonable, and that until a Minister come to supply that place, or that we give order for her removal, she may continue therein upon payment of such reasonable rent for the same as you our Governor shall judge it's worth, and accordingly appoint you to set such rent as she shall pay for the same, and acquaint us therewith by your next General Letter. (17) We have chosen and do order that Samuel Brangman K K 1' 500 REV. SAMPSON BOND REAPPOINTED. CHAP, be Commander of Southampton Fort, and send him a Commis- . ^^^' , sion for the same. Tliat Edward Johnstone be Captain of 1673-1683. Pembroke and Devonshire Tribes. That Capt Greorge Bascom be Councillor of Warwick Tribe, and Joseph Darrell be Coun- cillor of Devonshire Tribe. (18) We are very sensible of the ill practices used by M'" William Peniston in his endeavouring to create disturbance in the Island, and therefore think him unfit to have any employ- ment there; and do discharge him of all offices and employments under us, and have made choice of, and do appoint M"^ Francis Tucker to be Councillor of Smiths Tribe ; and that the said Francis Tucker be also Captain of Smiths and Hamilton Tribes. (1 9) We send you an order made between M'^^ Somersall and her son Israel Somersall, part whereof (to wit) so much as con- cers her Jointure Lands, we have settled and decreed to her for her life, and the rest we have under our consideration ; the next Magazine ship you shall have our judgment therein, and also in all other appeals before us, in the mean time let no person suffer thereby. (20) The petition of M'' Sampson Bond, late one of om- Ministers, and what you writ in his behalf hath been considered of by us. We think fit once more to appoint him one of our Ministers, and shall send him a Commission by the next ship. When he was discharged we granted a warrant for what was then due, and for the time to come care will be taken for the pay- ment of his salary which shall commence from Lady day next. (21) M'' Noden informs us that he will order his Factor Charles Walker to forbear prosecution of the Sheriff at his suit. (22) We take notice of the desire of some of the Inliabitants for an Assembly, and the Petition of others against an Assembly whilst the power of our Charter is trying at Law, we assure you that so soon as the power of our said Charter hath been tried, and that you are thereby satisfied that our Charter and the Grovernment is continued to us, we will give you order for an Assembly, which we hope will be one means to settle the peace and quiet of the people, and create a good understanding between us and the Country. It hath been private persons that hath divided us in hopes to carry on private designs, our prin- cipal care shall be to advance the good of the Island, and we shall readily redress any just agrievance that such Assembly shall represent to us, and in the mean time we desire you the Governor and Council to consider and inform us of what you think fit to do for the benefit of the Islands, and to be as active AN ASSEMBLY PEOMISED. 501 for the support of the Grovernment as others are against it : and thus committing you to the protection of the Almighty. We rest Your loving friends Berkeley, Eich"^ Chandler Jun', Henry Dandy, Humphrey Meverell, John Tucker, Thomas Garfoote, Samuel Smith, George "Waterman, Hugh Noden, CHAP. XVI. 1673-1683. D. Finch, Governor, Gil : Gerard Deputy, Eichard Chandler, John Chandler, Eich'' Chandler Jun"', Samuel Smith Sen'', John Browning, Eichard Beaucham, Tho: Toulson. To Sir John Heydon Knight and Governor of Sumer Islands and the Council these. Sir John Heydon finally left Bermuda soon after the receipt of this letter, and the government of his successor begins. 502 1681. CHAPTEE XVn. LAST TEEM OF OFFICE OF CAPTAIN SEYMOUR, 1681. ADMINIS- TRATION OF THE GOVERNMENT BY MR. HENRY DURHAM. CHAP. Sufficient account of Captain Seymour has already "^^^^' been given (p. 186); but as the writer could not trace the authority, for the statement that his wife was a Quaker, when that sheet passed through the press, it may be here given. It occurs in a letter from Sir John Heydon and his Council to the Company, 22 June, 1669, which will be found in the Appendix. The name in these latter records is correctly spelt in the mascuhne form, as Florentius or Florentio, in the earlier records it was always Horentia. Where as you have bin pleased to order M'' John Burch Councello"^ of Sandy's Tribe who is deceased in his returne for England. Wee haae thought iitt to make choyce of Captain Christopher Burroues for the officiating the afores* place whoe is likelie by or before the returne of the ship, to remooue vnto another Tribe. If therefore you shall be pleased to appoint some other person, or Captain Florentius Seymor to be councellor for that Tribe Wee shall eccept of him to be a fit coadiutor in Grovernment which (though his wife bee a Quaker') may be seruiceable to you, that Tribe, and the Greneraletie with vs. 1. The Company to the new Governor. To our very loving friend Capt Florentio Seymour in the Somer Islands. (1) The Lady Boughton, daughter of Sir John Heydon, being now a widdow, hath moued us to permitt him to haue the G-ouernorship of the Somer Islands, and come and Hue with ' See page 274 for a then recent regulation against any person married to a Quaker holding office. EECAL OF SIR JOHN HEYDON. 503 her Ladyshipp, which wee granted, and since then a complaint chap. was made to his Ma"* against the said Sir John and he is . ^^^^- . directed to come ouer to answer the same, Wee minding that a I68I. person fittly qualified for the Grouemment of the said Islands might succeede the said Sir John therein, haue chosen you to he our Grouernor, and sent you our Commission for the same, and also to be Captain of Kings Castle, both which Sir John Heydon will deliver to you att his departure out of the said Islands. (2) We expect, that immediately upon receipt of the said Commissions you take upon you the Groverument of the Islands and the Inhabitants thereof and the due execution of your Commission, and that you will fully and faithfully discharge the same, and the great trust wee repose in you. (3) Wee pray you to be exceeding vigilant and careful in preseruing the Country in peace and safety, retaining the people in their due obedience and conformity to our lawfuU commands, and those wholesome Lawes and orders that wee have made or shall make and transmitt to you. (4) His Ma"« by the Order of Council of the 25* February last, requires the Inhabitants to submitt to our Grovernment untill the Quo warranto be determined ; wee have putt in our plea to the same, and when those who prosecute please to bring on the same to a hearing, wee no wise doubt but the Quo warranto will rather strengthen than take away our Charter. (5) Wee refer you to our Grenerall Letter, and the Lawes and Orders we have made, and sent to the Island, and pray you to reade over and obserue the same. (6) The three smallships vizt : Francis, Bond and Stow have not performed their bonds given in the Island for secureing the Company's dutyes ds"^ ; therefore we desire you to put them in suite. Wee shall by our next Magazeene shipp send you a true account of what each ship's dutyes amounts unto. (7) Wee assure you wee will not be wanting in any thing that on our parts may further the wellfare and prosperity of the Islands, Wee also expect you and the Inhabitants shall doe your parts therein. Thus committing you to the protection of the Almighty Wee rest, your very louing friends. Signed by order of the Court Ei: Banner Secretie. Sadlers Hall, London 8* March 1680 504 DEPARTURE OF SIR JOHN HEYDON. CHAP. 2. June the 24"^ 1681. A.Vi.1. 1681. Memorand, That the day and year aforesaid, Sir John Heydon Knight and Grovernor went to sea in the Ketch Society, John Fullwood master thereof in order to go to England, and without the Town harbour did produce a Commission, and deliver the same to Capt Florentius Seymer to be Grovernor of the said Islands, and a second Commission to be Commander of the Kings Castle, as likewise a Greneral Letter to him from the Hoiible Company for his execution of the aforesaid places dated the 8"^ March 1680, before Capt John Hubbard Sheriff, Henry Tucker Secretary, and some other considerable persons being then aboard. The which said Capt Seymour the 24"' day of June aforesaid after his Commission for Grovernor was read, and had taken the usual oath of the Grovernor in the Grovemor's Hall was invested accordingly. The ' Society ' reached the Downs on the 15 th August. The Company reported the safe arrival of the Governor, and his gracious reception by Charles II., in letters bearing date 28th Septem., one of which is subjoined. 3. Extracts from a General Letter dated Sadlers Hall London 28th September 1681. (1) . . . . Wee are informed that priuate shipps are sent to you ; if any come without our Commission, we expressly order that no Tobacco be laden aboard them or any other priuate shipp whatsoeuer ; and if any person will not, according to the Lawes and Orders of the Company, lade their Tobacco on board the shipps wee send, or that you shall hyer, if any that wee send shall miscarrie, or not be able to bring away all the said To- bacco ; Wee then order and command that such Tobacco be stayed in the Country, and kept for our next Magazeene ship, and doe not upon any pretence or threatening whatsoeuer suffer such Tobacco to be laden on any private shipp, and giue no countenance to any private shipp, for priuate shipps doe what they can to defraud his Ma"" of his customes and us of our duties ; and if priuate ships be not discouraged and prevented his Majestic, the Countrie and Companie will suffer, and in a short tyme the trade of Tobacco with you will be quite lost. (2) His Ma"^ by order of Council of the 25"" Februarie last, which wee sent you, and hath accordingly been proclaimed with you, prouides, that all our dutyes are to be continued, and the Inhabitants are to continue vnder due obedience to the HIS RECEPTION AT COUET. 505 Companie, and submit to our Lawes and orders vntill the Quo chap. Warrayito be determined. If the Inhab'^ shall act contrary to . -^^^^- . his said Ma""* said order, send an account of their names and 168I. demenor, that so they may be proceeded against. We command you the Grovernor, immediatelie after receipt hereof to signifie our pleasure to the Inhabitants of what is above mentioned, that so they may submit and conforme them- selues therevnto. (3) The Quo Warranto is not yet determined, and it will be some time before it be, those that prosecuted, after six months consideration of our Plea, thought fitt the last tearme, to put in their Eeplication therevnto, and wee have till the next tearme to put in our Eejoynder, which wee shall accord- ingly doe, and doubt not of good success. (4) We have chosen and continued Capt Fflor* Seymour Grovernor, Capt John Hiibbard our Sheriff, M"^ Henry Tucker our Secretarie. (ThenfoUow lists of councillors, &c.) (5) Wee expressly order that all Tobaccoes be made accord- ing to the Lawes and orders of the Company, and that all deceitful! making upp of Tobacco, and the bringing of Tobacco from New Yorke, Virginia, and other places into the Island, and makeing it vpp and disposaU thereof, as, and for the To- bacco of the growth of the place, be carefully looked after, detected, and punished, ffor it's of great concerne to the Island, that the Tobacco thereof be good, and well and iustlie made upp ; ffor if the reputation and the trade thereof be once lost, it will be hard to regaine it. (6) Wee have desired our Grouernor, who is of his Ma""' most Hon'''" Priuie Councill to return e his Ma"", our and your thankes for his late order of the 25'" February last, which you write hath been published, and thereby abated the vnruliness of som selfe seekeing people, but wee hope there is none among you so vnrulie as to refuse obedience therevnto. If any such there be, wee have aboue directed their names to be sent vs. (7) Sir John Heydon is safe arriued with vs, and had the honour to kiss his Majesty's hand, a little before his Majesty went to New Market : (this was on 11 Septem) but M'' William Eighton hath, as it's reported, since that tyme, in behalfe of himself, and as he styles it, the Countrie, preferred a Petition against Sir John Heydon, and annexed articles therevnto ; the second Council dale after his Ma""* returne from New Markett, is appointed for hearing thereof, but as yet Sir John is not serued with the said order of Councill Wee have ordered our Treasurer to retain Counsell for Sir John, and bear all the charge of his defence in case he be serued with the said order ; ffor that wee hold ourselves obliged, and do declare, that wee 506 INCREASE OF SLAVE POPULATION. CHAP, will assist and stand by Sir John, and all our oflScers in what , ^yii- they shall act or do pursuant to any of our Lawes or Orders, or 1681. directions, and will justifie them for so doeing. (8) Your last mentions, you will gladly entertaine our Magazine ship, and secure the Tobacco for her, according to our Order and expectation, wee will not doubt but you will doe as you have said, and punctuallie compile with what wee haue aboue writt concerning the two shipps wee now send you, the securing our duties, and preuenting all priuate shipps from takeing awaie any Tobacco (9) You desire that for the restrayneing the increas of slaues, noe Inhabitant should keep aboue three working ser- vants for a share of land, Wee agree with you, that the restraynt of slaues may be very good for the Island, and accordingly made a Law against bringing in of negroes, which, if it had been executed, might have eased you of this complaint. Wee think that som persons amongst you that vse trades, may require more servants than what you mention, but if what you desire, as to the restraynt of slaves be for the generall good wee comply therewith, and order you to draw vp a Lawe therein, which wee shall send back to you confirmed, for wee shall be as ready to grant anything for the good of the Islands, as you can be to desire it, and as wee formerly writt you, as soon as the Quo Warranto is determined, and that our Charter and the Govern- ment is continued to us, an Assembly shall be called, and wee shall readily redresse any iust agrievance that such Assembly shall make to vs. In the meane time wee require you the Grovernor and Council to be as actiue for the support of Govern- ment, as others are to destroy it, (10) Ffor dispatch of the business of the Island, wee order that an Assizes be called, and kept before the returne of the ship we send you Being informed that Percivall Golding our schoolmaster is very aged and not able to execute his place as formerly, and not being willing to putt out an old seruant, have appointed M"" James Hill to be an assistant to him, and to execute the place of Schoolm"' with him and for his encouragement carefully to discharge the said place. Wee do order that the said M"^ Hill shall dureing M"^ Goldings life, haue a share of land, parcell of that which belongs to the schoolm^ and that M"" Golding doe enioy the rest for his life, and when M"" Golding dyes M' Hill shall have the whole (11) We have sent our comission to M"^ Sampson Bond to be Minister, and shall take care to paie him and our other ministers their salleries, so soone as our Dutyes come in to doe 1681. COMPLAINTS DISMISSED. 507 the same, and thus cnmmending you to the protection of the chap. AUmighty Wee rest your very loueing ffriends— , " GriLB GrEKAED Deputy John Hetdon and 14 others. Sadlers HaU 28 Septem. 1681. 4. At the Court at White Hall, this 2"'* of November 1681. Present, The King's most Excellent Majesty, His Highness Prince Eupert, Lord Chancellor, Lord President, Lord Privy Seal, and a full council. Whereas his Majesty in Council the 25*'' February 168f upon reading the Depositions of Greorge Bond and Jonathan Francis ; wherein several crimes and offences were sworn to have been committed by Sir John Heydon, Grovernor of the Bermudas, and particularly for the committing of one Josias Pitt to prison, was pleased to order ; that the said Sir John Heydon should come over into England and answer what was laid to his charge. And whereas the said Sir John Heydon (in obedience thereunto) being arrived here, there since hath been a petition preferred by one William Righton in the name of the Merchants, Planters, and Inhabitants within, and Traders unto the said Island of Bermuda ; with articles annexed of divers crimes and offences suggested to have been committed by the said Sir John Heydon, during his Grovernment there ; and this day appointed for the hearing the said Sir John Heydon's defence to the said Complaints against him : the said Complainants, and the said Grovernor with their Counsel on both sides were called in, and divers witnesses examined, and the whole matter of Complaint fully heard. Upon consideration whereof his Majesty was pleased to order, and it is accordingly ordered, that the said matters, and Com- plainants be, and they are hereby dismissed this Board, and the said Sir John Heydon discharged from any further attendance touching the same. Francis Gwtn. 5. At the Committee of Trade and Plantations 20 Decern. 1681. Their Lordships take a Review of what has passed in rela- tion to the Bermuda Company and of the Quo Warranto directed 508 STATE OF RELIGIOUS PARTIES. CHAP, against them and it being again proposed by my Lord Ffinch ^ XVII. ii^^j^ jjjg Ma"*^ directions may be signified once more to the 1681. Inhabitants that they continue to obey the Company and their Officers vnto the Quo Warranto bee determined Their Lps take notice that the company did formerly refuse to Eeferr the matter in difference to the Determination, of the Committee therefore see noe reason for any such order to bee made in their favour which they will Eeport to His Ma*'' in Council with their opinion that the Attorney General may bee ordered to vse his vtmost care in prosecuting the Quo Warranto as a matter highly concerning His Ma'''^ service.' Mem*"" My Lord Culpeper being present informs the Com- mittee that vpon his returne from Virginia hee touched at the Bermudas, where going to Church, hee found there was noe vse of the Common Prayer, but rather a prohibition of it, and that the people were much divided among themselves, and in very great disorder. (Colonial Entries, vol. 106, p. 331.) 6. At the Committee of Trade and Plantations 31 July 1682. Their Lo"' being met vpon an Order in Council to examine in what forwardness the Quo Warranto brought against y° Ber- mudas Comp* remains at present and y" occasion of delay in the prosecution, the Petition of William Eighton and others Inha- bitants of the Bermuda Islands is read setting forth the state of their proceedings in the prosecution of the Quo Warranto against the Company, and the Petitioners being called in their Lo"^ ask them why their prosecution has been delayed soe long To which they answer that there has been noe neglect on their parts, but that the delays have been occasioned by the Company, and doe engage that M'' Attorney General shall bee fully instructed and informed in this matter before Michaelmas next in order to the prosecution of the Quo Warranto at the next term. They likewise complain to the Lords that the Company have issued divers illegal warrants &c whereof one is read dated the 26 October 1676 for the delivering the possession of certain lands in the Bermudas to the Lord Finch M' S' John and M"' Barrington. All this was reported to the king in Council August 3rd. ' Articles about this time -were exhibited by Captain John Stowe against Mr. John Hatchins, Councillor of Pembroke Tribe, charging him with contempt of the King's order of March, 168J; six pages, containing nothing important. He was turned out of the Council. MILBOEN AND TROTT DISBARRED. 509 XVII. leiiT 7. Extracts from a General Letter dated Sadler's Hall, chap, London 6*'' October 1682. (MS. iv. p. 192.) (1) We have chosen and continued Capt Florentius Sey- mour our Governor, and Capt John Hubbard our Sheriff, and have sent him our Commission. We at the request of M"^ Henry Tucker have discharged him of the place of Secretary, and have chosen M"^ John Tucker his son, to be our Secretary, and now send him our Commis- sion (2) We take notice of a paper or declaration subscribed as you say by several Freeholders, which we think you need not have sent us. If persons refuse to serve as Jurymen, and will not submit as his Majesty by his Order of the 2.5'" of February 1680 heretofore sent you, thereby directed ; you must then use your power to force them to it. We have given Laws ; do you but execute them, it will turn to your own ease and the good of the Inhabitants. We have formerly sent you a Statute book, if it goes not further then King James his reign, let's know the year it ends at, and we will send you what Statutes have been since made. (3) By the copy of the Grand Inquests proceeding you sent, we find they have taken upon them to judge and determine the General Levies, the rents of the Public Lands, and several other things no wise fit for them to intermeddle with. We do not think fit at present to raise any of the rents of the Public Lands ; but when the Quo Warranto is determined, an Assem- bly shall be called, and as we formerly writ, we shall readily redress any just grievance that such Assembly shall make to us (4) The Earl of Manchester is now in France, we shall attend him upon his arrival, and then give directions about the Free School Land ; let your next bring us a full state of that matter. (5) We order that neither M"' William Milborn, nor M'' Samuel Trott be admitted to plead as better friends in behalf of any person; and if they do not yield obedience to his Majesty's order of Council of the 25"" February 1680, and forbear dis- turbing of the Government, we shall take such course as will reduce them to obedience, let them know our pleasures herein (6) We find that some of the Council desire power from us, by commission to execute the duty of their place, his Majesty's and Company's Laws as Justices of the Peace, and to have the oath of their ofiice and such fees as the Law allows : we think they may act as heretofore they have done without a Commis- 510 ORDERS REGULATING THE WHALE FISHERY. CHAP, sion ; his Majesty directs and requires it ; we are not for making . ^^^^- . any alteration in Grovernment, or putting any new charge on 1681. the Inhabitants. (7) We have sent you six barrels of Powder, and let the powder we sent by Capt Stowe, that received damage, be sent back, we will get it cured and made fit for use, and return it you again (8) We require your care in regtraining of boats frona carry- ing Tobacco aboard to ships at sea, for private trade is a great loss to us, and prejudice to the country (Signed) Gtilb. Gterakd Deputy. John Hetdon Sadlers Hall 6 Oct 1682 and 11 others. 8. Another Letter by the same ship 17 Oct. 1682. Gentlemen, Since the writing of our General Letter of the 6'" October Instant, we have heard the cause depending in this Court con- cerning the whale fishing, and by the consent of all parties have adjudged the same to belong to the grantees by virtue of a Lease bearing date the 30'" June Anno Domi: 1669, and since that, are given to understand that the grantees or persons con- cerned in the whale fishing have agreed together as to the management and concern thereof and have named and ap- pointed John Stringer and William Keele to be' their agents and attornies therein, and having given them several orders and instructions for carrying on the same, we do therefore order and command you our Governor, Council and Sheriff, and all other our officers upon receipt hereof to deliver unto the said John Stringer and William Keele, their agents or assigns, for the use and benefit of the said Grantees, all the copper utensils and other things belonging to the said Whale fishing, the which heretofore at the request of the said Grantees, were by our order seized and secured for such persons to whom the right of the Whale fishing should belong; and we do further order and command, that you our Governor do forthwith issue out your Proclamation prohibiting ^11 person and persons whatsoever to fish for whales save only the said Grantees their agents and Assigns, and if any person or persons, save only the said Gran- tees, their Agents or assigns shall, after such Proclamation had, fish for whales, that you do employ your power effectually to hinder the same, and bring such persons to condign punish- ment.' And we further order and command you, our Governor, ' In a printed document, entitled ' A Petition to the House of Commons,' with- out date, among the Colonial Papers, the petitioners say that the Company,' ' as if DEATH OF GOVERNOR SEYMOUR. 511 Council, and Sheriff, and all our officers to put in execution all chap. Laws, orders, powers and authorities concerning whale fishing, ' - and not to hinder, but in all things to be helpful, aiding and 1681. assisting to the said Grantees, their agents and assigns in the management and carrying on the concern of the said whale fishing. We rest, your very loving friends D. Smith, Eobert Clayton, John Wyse, Samuel Smith, John Browning, Eobert Steevens, Eichard Beaucham, Henry Dandy, Humph : Meverell. Sadlers Hall London October 17'" 1682. To our very loving friends Capt Florentio Seymour and the Councell of the Soiner Islands — these. 9. Captain Seymour did not live to receive the fore- going communication. He died on the 3rd of November. The Company's Standing Laws of 1622 (vol. i. p. 210) provide for the course to be taken on the death of a Governor, and it was now followed. Somers Islands als Bermudas To all and singular the Inhabitants of these Islands of what degree whatsoeuer. As likewise all such persons as may here- after (subiects of his Matie Charles the second of England &c king) here arriue Know yee That whereas Captaine Fflorentius Seymour the Deputy Grouernor and Captain Greneral of these Islands vnder the Hon"'^ Companie is lately deceased : and the body of the councell have assembled together this instant for the choosing another able person to succeed the said Captain Fflorentius Seymour according to the effect and substance of the 148th Article of the said companies Booke of printed Orders Wee the bodie of the Councell haue accordingly met together the nineth Dale of Nouember 1682 and haue made choyce of and chosen they designed to compleat the ruin of the said Islands, have most Illegally and arbitrarily, after they had let a Lease of the whale fishing for 99 years, and at least £4,000 had been expended by the Leasees, in providing Boates, and tackle, and other necessary charges for the said fishery, not only seized upon the Leasees Boats and TacHe, to hinder their further proceeding in that tporlc which they had brought to good perfection ; and give them no manner of satisfaction for their loss and damage sustained thereby ; but have also seized on members ships, both in England and in the Islands.' There is only one petition from Bermuda on the Commons Journals, 1667-1685, which was presented March 7, 1676, by John Wise, William Wise, Eobert Stephens, and Perient Trott, and referred to a committee. It has reference to the exaction of fees, oaths, and bonds, and the granting of passes for ships, subjects not men- tioned in the petition quoted above, and does not refer to the whale fishery. It is probable, therefore, that the latter was not presented. 512 ELECTION OF MR. HENRY DURHAM. CHAP. M"" Henry Durham the councellor of Southampton Tribe to be >■ ^'^^^- , Grouernor and Captains Grenerall of these Islands to all intents 1681. and purposes, vnless or till such time as the aforesaid companie doe take other order in and about the premises. In testimonie whereof wee haue herevnto sett our hands the nineth dale of Nouember In the yeare of our Lord God one thousand six hundred eighty and two Signed John Hubbard Sher. ffrancis Tucker Henry Tucker Secret. Christopher Burrrowes Arthur Jones Joseph Darrell George Bascom (MS. vii. p. 118.) 10. At the Court at Whitehall this 22"^ day of November 1682. Present, The King's most excellent Majesty, His Highness Prince Eupert, Lord Archbishop of Cant:, Lord Chancellor, Lord President, Lord Privy Seal, &c and a full coimcil The Eight Honble: the Lords of the Committee for Trade and Foreign Plantations representing this day unto his Majesty at this Board the necessity of the Attorney General bringing a new Quo Warranto against the Charter of the Bermuda Com- pany that the same may be forthwith brought to a final issue. His Majesty upon consideration thereof was this day in Council pleased to order that Sir Eobert Sawyer Kn':, his Majesty's attorney General do bring a new Quo Warranto against the Charter of the said Company, and prosecute the same in his Majesty's behalf against the said Company to bring that matter to a determination with all convenient speed. Francis Gwtn. 11. Petition No. 5. To the kings most excellent Majesty (1) The humble petition of y'Ma"'»DutifullLoy all and obedient subiects the Inhabitants of yo' Mat^ Islands of Bermuda in America Humbly Shewing That the pretended Bermuda Companie who derive their title from the Virginia Companie who were disolued aboue fifty years since, are not now owners of one Twentieth part of the land in the said Islands, and yet do usurp more authoritie over the Petition'" by imposing Taxes, Lawes, Govern" and other Oflficers and Ministers on them than euer their predecessors did PRECEDENTS AS TO COLONIAL CHARTERS. 513 on those inhabitants who were all but their servants, or Ten- ^^J^' nants at halfe profitt Notwithstandinge the said Companie - — -, — 1^ haue not traded on a joint stock for aboue forty yeares But ^®^^- doe hinder all other yo' Mat"" subiects from trading to the said Islands. Humbly Pray. That in consideration of the premises y'' Ma"' will be graciously pleased to take the Petio'^ into y'" Eoyall Protection, and to send some fitt person to be their Govo' whoe they will mayntaine, P"'ortifie and Arme themselues without putting yo Ma" to any charge [not signed]. This Petition, with the annexed papers, was referred 30 May, 1683, to the Attorney-Greneral, and the following memoranda are entered in connection with it. (2) S*" Ferdinando Gorges his charter for New England was opposed by the Virginia Company because it was comprehended in both their Charters, yet they could not hinder Sir Ferdi- nandos grant. The King cesed (seized) y° Governm' of Barbadoes and ye Caribe Islands into his hands, notwithstandinge y" earle of Car- lisle's Charter. The King granted Carolina to y® Duke of Albemarle &c. and yet it was granted by his late Ma"° to y Duke of Norfolk's father. The King granted new Jarsey to S' Georg Cartrete w"" is comprehended in y^ Charters of Virginia and new England alsoe. And his Mat*° granted Pensylvania to Pen yet it is com- prehended in both y® Charters of New England & Virginia. Both the Gouernm' and y° soyles of y' three last is passed in y* sd last grants. (3) Upoii this the Attorney-General enters the follow- ing opinion. 7 June, 1683 : — I haue considered of this Petition and the papers annexed, and heard council on both sides. And doe find that by tlie Charter the ciuill power within the Island is vested in the Com- pany and they haue likewise power to defend themselves by force against invasions or insurrections and to use and execute Martiall Law : but I am of opinion there is nothing in the Charter to exclude his Majestye from ordering or disposing of the Militia of that Island for the safety thereof, or from con- stituting a Governor or Lieutenant in order thereto.. (Signed) R. Sawyek. TOL. 11. L L 514 CHARGES AGAINST DURHAM. CHAP, 1^4^ SirG. Jeffryes, 'on the question whether the King ~^ — -— ^ by His Eoyall Prerogative may send such Governor thither as he shall think fitt,' had already expressed a similar opinion : — ' I conceive that notwithstanding any words above (the words of the Charter) His Maf may send such a Gov' as he shall think fitt.' (Not dated.) 12. About this time Francis Burghill (subsequently nominated Governor by James H. in heu of Coney, but the nomination was cancelled), received a series of articles against Mr. H. Durham, the acting Governor, from W. Eighton, which he had laid before the Council in Ber- muda, and now transmitted to Burghill, to be worked in the best way he could to the disadvantage of the Company.^ He taxed Durham — (1) With refusing him a copy of the Eecords, being demanded in behalfe of the King. (2J-3) With contemptuous language, and declaring that if the Company be undone, this poor Island must expect nothing but Popery, robbery, and the loss of their lands. (4) With declaring that the Kings Government is ever and always accompanied by blasphemies and prophaneness, and affirmed that, (5) The said M'' Henry Durham haue not onely cast con- tempt vpon the Kings Sacred person and government, but have greatly scandalized the government of the Church of England by perswading y^ Inhabitants y' if the Kings Grovernment should take place in Bermudas that y' people will be forced to go to Church w"' a Drum and Fiddle. (6) The aforesaid Henry Durham saide that if the Company be broken and y* Kings Government take place in Bermodas that y° people of the Island will be bought and sould, and perhaps may haue thirty or' forty frigotts lie in our harbour to destroy and eat vp y'= Inhabitants continually, soe that it need not be wondered that so many decry and speake so much euill of y^ Kings Ma"" and Government and to chose the worst of Companies before the best of Kings to rule over them, ' Francis Burghill, -who is much mixed up in the transactions of this period, formerly Governor of Calshott Castle, appears to have been an underling of the Court in 1684. He had been a frequent applicant for place. Thus, in April 1661, he tried in vain to be appointed Governor of Antigua. He was once a Gentleman of the Bedchamber to Charles II., but dismissed as being not worthy of trust. His enemies declared that he had been convicted of coining under the Common- wealth, biit pardoned by Cromwell on condition of turning spy. He laid claim, however, to valuable services to the Royal cause. — Domestic Papers, 1660-1. END OF HIS GOVERNMENT. 515 XVII. 'im. Then follow indignant queries whether such discourses chap, have not a direct tendency to oppose and subvert the King's Government, and are not at the least a transgression of 13 Car. II. ch. 1-2. In his covering letter, rudely written and ill-spelt, Eighton reiterates his complaints of the evil, if not treacherous, temper of the greater part of the inhabitants of the Islands, but especially of the Company's officers, and, for the Governor and his Council, they are not able to be borne with by any that have the least love, loyalty, or allegiance to his Sacred Majesty.^ What effect, if any, these charges may have had, does not appear. Durham's tenure of office was brought to an early termination by the appointment of a new Governor, who subsequently attributed much of his own difficulties to him. ' This Mr. Durham,' wrote Colonel Coney in 1686, 'is a native of Bermudas, and was Governor when I landed here. He was chosen by y® Inhabitants, and s,ucceeded Captain Sey- mer, likewise a native. He succeeded S"" John Heydon. Before S"" John Heydon's time they had several Governors natives of y° country, whoe for kindreds sake and their owne private interest permit y^ Inhabitants to doe w' thay pleased, proving the sole cause of this confusion, troble to S" John Heydon, and much more to myself ' (Col. Coney, 1686, Colonial Papers). ' ' The ministers (■who are all such violent nonconformists that they never pray for the King) have of late by order of the Company preacht downe his Mat"" Government, and the Company's vp, and possest many of the people •w"' a helief y' they shall be ruined if his Ma'' takes these Islands, for the courtiers will begg their lands, and they shall have a Popish Governor. 1683.' — Col. Papers, p. 205. ' They send none but nonconformist ministers to the Bermuda.' — Burghill, 1684. L t ^ 516 CHAPTEE XVIII. GO^JiKNMENT OP COLONEL KICHAED CONEY. 1683—1687. CHAP. The army of England was made up entirely of indepen- "^^"'■-^ dent companies or troops, the Koyal regiment only ex- 1683-1687. cepted, down to April 1683, when these companies and troops were formed by Charles II. into three regiments of horse and eight of foot (Grose). To which of these, if any, Colonel Coney belonged, or what commission he held, the Editor has not been able to ascertain, nor is his name found on any list preserved at the War Office. He was sent out with the good liking and consent of the Crown, and it is impossible to accept the evidence of enemies as to his character and habits of hfe. Thus W. Eighton affirms ' he beats, abuses and imprisons the Inhabitants when they come to him for justice. Withholds from them arms and ammunition, and hath forbidden them to yield obedience to their military commanders. The country knows him to be miserable poor, and so given to drunkenness, swearing, and lying, that there is not a sparke of any respect amongst the people for him.' ^ WiUiam Milborne declares that ' The Deputy Go- vernor here hath acted more like a brute than a man, or at least an EngHshman. It is the generall deske of the Inhabitants to be relieved of their oppressions, and of nothing sooner than this Tyrannical Deputy Govern'.' ^ Such extravagant charges refute themselves. The fact that after they had been heard he was continued two years in office by the King, although appointed by the Company, affords a strong presumption that they could ■ May 20, 1684, to Francis Burghill. Colonial Papers, xxxiii. ' Letter not addressed ; probably to Burghill. AlfARCHY OF THE COLONY, 1684. 517 not be substantiated. From wliatever cause, however, he chap. was unfortunate enough to encounter the most bitter hos- v5\"L> tihty from the party in opposition to the Company, and issa-ws?. reports were even spread that he had sold the Islands to the Spaniards. Coney arrived 29 January, 168§. There are no Minutes of Council recorded between 26 Feb. 1684 and 14 April, 1686, and the state of the colony was appa- rently one of anarchy: piratical visitors set all law at defiance, there was no Assembly, the Governor was at war with his Council, the Comicil refused to acknowledge his authority. This state of things lasted down to the arrival of his successor. Sir Eobert Eobinson, which occur- red in April 1687.^ The following letter, signed by Sir John Heydon again as Deputy Governor, contains Colonel Coney's first appointment, and it is the last General Letter of the Bermuda Company recorded : — 1. Extracts from a General Letter dated London 25*^ October 1683. Gentlemen, (1) Wee have receiued from you the ffoUo-wing Letters; one dated 27"" December last by our Maga^ieene shipp Mer- chants Adventure, Captaine Stone Commander, whoe safely .arrived with us the S* March last ; one other dated the S""* Aprill last by our Magazeene shipp Constant Love, Captain John Bee, Commander, who safe arrived with us the 16"' day of . . last, one other Letter from you dated 3P' May last by the shipp Joseph and Ann Captain Cork Commander. (2) You informe us that Captaine Seymour is dead, and that you thereupon made choyce of M"^ Henry Durham to be Deputy Gouernor until wee should either confirm him therein, or make choyce of another. Wee take well what you did therein, and give the said M'' Henry Diirham our thanks for his taking the Gouernment on him, and his careful! discharge thereof. (3) We have thought fitt to make choyce of the Honble CoUonell Eichard Coney Esq' to be our Deputy Governor, and haue giuen him our Commission. He comes over in our Magazine shipp Constant Love Captain John Bee Commander. You are upon his arrivall to receive him courteously, and yield all obedience and respects to him. ' His commission, dated September 9, 1686, was read April 12. MS. vii. p. 189. *18 LAST LETTER QF THE COMPANY. CHAP. Wee have chosen Captains Hubbard our Sherifif and M' XVIII. John Tucker Secretary. (Then follow lists of councillors and 1683-1687. officers.) (4) We have giuen our Deputy Grovernor severall Instruc- tions and orders (amongst which) as a proper means to increase a good understanding between the Company and Country and prevent all complaints. Wee expressly order that within three months after his arriuall he call an Assembly, and haue given him several particulars to propose to such Assembly. Wee shall readily redresse any just agreeuances that sucli Assembly shall make to us. Wee expect that all their acts and proceedings be pfectly drawne up and returned to us, and lett noe publication be made of any of them before it be confirmed by us and returned back to you. (5) The Quo Warranto that was formerly brought against us is discontinued, M"' Attorney Grenerall did not think ffitt to proceede therein, apprehending that nothing could be done upon it to the prejudice of the Company. But upon a New Petition to his Ma"^ and allegations of new matter, a new Quo Warranto is brought against the Company. Wee have npt as yett appeared to it, but doe resolve to appeare this Terme and give our plea thereunto. We are well satisfied this new prosecution is managed by one Capt Burrell assisted by Eighton and others, and with the helpe of some money that still comes out of the Island, and that his Ma"^ is not all one penny charge therein. What benefitt will accrewe to the Country to have the Com- pany dissolved, wee leave to the consideration of all sober men to judge. The Grovernor wee now send, comes to you with the good liking and consent of his Majesty. (6) The Shipp we now send you is the Constant Love John Bee master, that came lately from you, her stay is to be forty days and no longer, within which time you are to cause to be laden on board the said shipp all the Tobacco of the growth of the said Island this present yeare 1683, and the Tobacco of the last yeare, if any is left ; wee are of opinion she will be sufficient to carry off all the Tobacco. (7) We expressly order and require you, pursuant to the Lawes and Orders of the Company, that you doe not permitt any private shipp or vessel upon any pretence whatsoever to take in any Tobacco till our said ship be laden. But if she be not able to bring away all the Tobacco (not willing to leave any behind for want of shipping) wee recommend it to the care of you our Governor to hyre such shipps as you shall judge suffi- AN ILLEGAL BOND STILL REQUIRED. 519 cient to bring away the same, and oblige the Master by charter chap. party in the same manner the Master of the shipp we now send . ^^^^^' , , you is ; and that hee do not take in any Tobacco but of such as 1683-1687. will take the Companys's Eeceipts and Bills of Lading, and that hee signe none but according to the fforme wee send ; hee is also to be obliged not to deliuer any Tobacco till the owner thereof haue paid or secured the Company's duties, and that such other securityes wayes and meanes be taken as will effec- tually secure us our Dutyes. The master of the shipp we now send to you is to sign the Companyes Eeceipts and Bills of ladeing and none other. (8) The last yeare a great quantitye of Tobacco came over, but so mixt with Bashaw Tobacco, that little of it proved good ; and if a great part of it (as by Law it ought) had been burnt in the Country it had been better both for the Merchant and Planter. The Planters that this yeare came over are eye witnesses of the cheats and ill using of Tobacco, and the great quantityes that lye rotting on the Merchants hands, and the losse they are like to sustaine. The making of good, sound, and merchantable Tobacco, and destroying the bad, and prohibiting the bringing in of Virginia Tobacco or any other Tobacco must be effectually taken care of, or otherwise the trade of the Island will be ruined (9) Wee order that you our Sheriff do forthwith demand of M"^ Arthur Jones and of all persons that did lade Tobacco on board of his shipp, or on board Capt Norwoods shipp, the dutyes for all the said Tobacco, an account of all which wee send you, and if any refuse payment thereof, then that you bring and prose- cute in the name of us the Governor and Company of the City of London for Plantation of the Somer Islands, an Action for the duties of Tobacco against such person or persons as refuse payment thereof. (10) For the better preventing the carrying away Tobacco in private shipps, and securing our Dutyes, wee haue drawne the forme of a Bond, which wee have caused to be printed, and send them to you. Wee require you to take such Bond of all Masters of Shipps and vessells, as well those of the Island as all others that shall come into the Island (except our Magazeene ship) and that before you permitt any such private shipp or vessell to anchor or stay in the Island, or to be dispatched from the said Island, and that no shipp or vessell have their dispatches, or be suffered to go out till the Master thereof hath given the said Bond. We expressly order that all Commanders of Forts do stopp all shipps or vessells as shall offer to go out before they have 520 INSISTANCE ON THE WHALE FISHERT. CHAP, their dispatches, and if any Commander rfefuse or neglect to do ,__,__1_ the same ; we then order you our Governor to putt him out of 1683-1687. his office, and put another in his place, until we shall give order therein, and in every of your General Letters that you give us an account of all the Bonds you take (11) The Letter M"^ Sampson Bond sent to our Govern'' hath been communicated to us wee take well what M' Bond hath done, care is and wilhe taken for payment of his and the other ministers there Salary, and according to your desire send back, to you M' John Ffowle to continue with you one of our minis- ters (12) Wee lately writt in behalfe of the Grantees for the whale fishing, and doe again att their request order and comand that you our Gouerno'' doe forthwith yssue out your Proclama- tion prohibiting all person or psons whatsoeuer to ffish for whales : saue only the said Grantees, their Agents and assignes : : and if any pson or psons saue only the said Grantees, their agents and assignes, shall after such proclamation had, ffish for whales that you do then employ your power effectually to hinder the same, and bring such persons to condigne punishment. And wee further order and comand you our Gouernor Counsell and Sherriffe and all our Officers to put in Execution all Lawes, Orders, powers, and authorityes by ns heretofore made concern- ing whale fishing and not to hinder but in althings to be help- ing ayding and assisting to the said Grantees their agents and Assignes in the managem* Carrying on and conceme of the said whale fishing. (13) Wee have thought fitt to alter the forme we formerly used of setting our hands to our Generall Letter, and haue ordered that for the future all Letters that come to you from, us, shalbe signed by our Gouernor or Deputy and sealed with the seale of our Company, according to the fforme of this our Letter, and thus committing you to the protection of the Almighty, Wee rest your very Loueing friends Signed and sealed by order of Court Jo Hetdon DG Sadlers Hall London 25 Oct 1683 To our very Loueing Friends The Hon Colonel Eichard Cony Esq™ our Deputy Governor and the Counsell of the Somer Islands 2. (1) Colonel Coney's commission is a more simple docu- ment, and considerably shorter than the former examples COLONEL CONET'S COMMISSION. 52t given,^ to which, however, it bears a general resem- |y|„' blance. He receives full power and authority to use, :- ■ -" exercise, and put m execution the omce and place oi Governor, Commander-in-Chief, and Captain- General, in as large and ample a manner as any fornier Governor hath been authorized to use, &c., the like command, as may be most for the preservation and advancement of religion among the inhabitants there, and the ease, com- fort, and benefit of the Islands and people. His instructions enter more fully into details ; and, as the last that were issued by the Bermuda Company, wiU be given at length : — (2) Instructions and Directions for Eichard Cony Esq"^* lately elected Deputy Governor of the Somer Islands. Given to .him by the Governor and Compa. of the Citty of London for Plantation of the Somer Islands 25 October 1683. 1. You are to give good example to the Inhabitants of the said Island, by frequenting the Church and the practice of the Xtian religion. 2. You are to vse yo' vttmost endeavors to keepe the people there in due obedience to the Kings Ma"^° his heyres and Lawful! successors, and to this compa subordinate to his Ma"°. 3. You are to tender the oath of allegiance to the Coun- cell°" and other officers there, and allsoe to such others as you think fitt when you see it necessary. 4. You are to see that the Inhabitants doe in no kind give any just cause of offence to those Princes or states with whom his Ma'" is in League. 5. You are to see to the defence and preservation of the Island, and to have a principall care that the fforts be in good repaire, and that the Guns be well planted and served and that there be sufficient store of Armes and Amunition and that they be diligently attended with a competent number of the publique tennants so trained that they may be serviceable and that they both day and night watch and attend there and if you finde any old or vnfitt for that service lett consideration be had of their former service and an allowance out of the generall Levy be made them, and lett able and skilfull men be putt in their stead, and if the militia is not so well settled as it ought to be, " Vol. L p. 261. 522 CdLOiJEIi CONBt^S IH-STRUCTIONS. ^^^K- you are to dispose and discipline them soe as they may be Set- , — 1— viceable, and at all times bee in a Eeadinesse vpon any suddaine 1683-1687. aUarme. 6. There be diverse particulars that concerne the due admi- nistration of Justice and Grovernem' of the Island w"*" are fully expressed in the Compa° Book of Law, and therefore need no repetition onely wee will point out the severall numbers of those wee principally meane not excluding the rest. Law 134 to 143. Inclusively from 146 to 151 Inclusively 153 from 158 to 161, inclusively from 172 to 178, there are allsoe severall other Lawes instructions and orders made by the Compa. and Ltres by them sent to yo' Predecessors w"" you are carefully to look over and consider and cause the same to be executed. You are to endeavour to prevent vexatious suites betweene the Inhabitants for little and frivolous matters, by discounte- nancing such proceeding, and in all cases take care that right be done and with expedition. 7. And as a proper meanes to increase the good vnderstanding betweene the Compa. and Country and prevent all complaints wee expressly order that within three months after yoiir arrivall you call an assembly, and referr you to the 139 and 140 printed Law that will direct you as to their number, and that you are to be President, to moderate and governe them, and you have a negative upon all their actings, so that its not in their power without you to debate or act anything. And by 160 Law the secretary is to hold the place of Speaker, and keep a register of all Acts and Debates, and that all such acts be p.fectly drawne vp and retorned to vs, But lett no publicacon be made of any Law vntil it be confirmed by vs, and retorned back to you, and if you finde the Assembly proceede in a Tumultuous or irregular manner Wee then give you power to dissolve them, and if you thinke fitt, to call another assembly, and of all their proceedings therein wee expect you retorne vs an account by the ffirst con- veyance. 8. You are to propose or cause to be proposed to the Assem- bly these following particulars. (1) The Duty of one penny per lb on all tobacco but soe as the comp" may lessen the duty to what proporcon they shall think fitt from time to time as the affaires of the Compa in the Grovemm' of the Island shall require, and that noe person be p. mitted to lade any tobacco on the Comp* magazine shipp or shippes or any other shipp or vessells before security given for the paym' of the kings customes and the Compa* Dutyes, or else that the Tobacco be consigned to the Husband of the Compa. here, and by him deliuered 'to such p.son here as the partye AN ASSEMBLY TO BE HELD. 523 that lades it shall direct, andsoe as the Kings custoiries and the CHAP. Compa" dutyes be first paid. -ZI^IL^ (2) The putting in execution the companys Laws for the 1683-1687. making of good sound and merchantable Tobacco and for distroying the bad tobacco, and to reduce them into one Law that may effectually prevent the mischiefe that will otherwise mine the Trade of the Islands. (3) Th^t the Houses of S' Greorges be all shingled for pre- servation of the magazine shipp, and that all fortifications and publique houses and places be sufficiently repaired and made good at the country's charge as the same hath always been by Leavyes, and that the publique charge of the Island be done by Leavy, and that the assembly settle such Leavy and direct the payment thereof That noe disputes for the fiiture may arise concerning the same The Compa never as yett was att any charge herein, and the settling their Leavy is of absolute neces- sity and for the safety and interest of the Island. (4) That a Law be made that two assizes be yearely held at such seasons as the Grovern"^ and councell shall direct, and all p.sons whose Duty it is are obliged to attend accordingly. (5) That the Lawes for Sabboth breakers Swearers, Drunk- ards, and Lewd persons be re-enforced and further punishment inflicted if needfuU. (6) Vpon sending over appeales to the Compa you are to take care that the matter of it be clearely stated, togeather with the proofes as it did appeare att the tryall in the Island, and that the persons concerned in that appeale doe appoint some p. sons to appeare for them before the compa vpon their heareing of the cause. That the assembly consider of some speedy and effectuall way for merchants and strangers to recover their Debts in the Islands. That the assembly consider of the school land publique land and other publique Eevenues, in whose hands they now are, how they claime the same, and by what lease or grant, for what terme, and att what rent and what service they are obliged to over such rent, and whether such service may well be p.formed, and an increase of rent without oppression to the poore. (7) There are severall negroes moUatoes and mustees' belong- ing to the Compa in severall private hands, the w"*" by a Law ought to be seized and an account of the same retorned As allsoe what servants the Govern'" and other officers want, that soe they may be thereby supplied with their full numbers according to the printed Book of Lawes, and that the overplus may be so disposed of and applied in repaires and new fortifications That such Law provide that the Grovernor and other officers leave the like num- ' Mustses ; see a note, p. 389. 524 LAWS TO BE PASSED. CHAP, ter to each of their successors, that so such number be perpe- v_ , 1.. tuated. 1683-1687. (8) To make a Law to ympose Port charghes, and the Duty of a Pilott, and that there be two Pilotts and they to be searchers and to appoint an oath for the better execucon of their office their ffees to be appointed, and all officers ffees for the Despatch of shipps to be ascertained. (9) To make a Law that will preserve the Timber of the Islands and restraine the building of shipps. (10) That a yearely income such as is fitt for a Groverno' may be ascertained by a Law and it raised out of the Probate of Wills, processes at Law and such other way as may be most for the ease of the Inhabitants. 9 The whale fishing concerne to be considered of and settled by the G-rantees from whome you are to have directions therein. Signed by order of Court, and allsoe sealed with the seale of the said Comp». J. Heydon, D : G- : Sadlers Hall London xxv*" October 1683. 3. At the Court of Whitehall The 23rd day of Novem- ber 1683. Present The King's Most Excellent Majesty. Lord Arch B. of Cant. Earle of Sunderland Lord Keeper Earle of Clarendon Lord President Earle of Bathe Lord Privy Seal Earle of Crauen Duke of Albemarle Earle of Nottingham Duke of Beaufort Earle of Eochester Earle of Huntingdon Lord Viscount Ffauconborge sio Earle of Bridgewater M' Secretary Jenkins Earle of Chesterfield M"^ Chancellor of the Excheq' Earle of Peterborough M'' Chancellor of the Duchy M' Grodolphin (1) It was this day ordered by his Ma"* in Councell that S' Eobert Sawyer knight his Ma"°' Attorney General do forth- with appoint such person or persons as he shall thinke fit to peruse the Bookes and Eecords and all other publique Letters and papers belonging to the Bermuda Company as well here as in the said Islands and to take coppies of such things as he or they shall thinke fit for his majestys service in order to the better prosecution of the Quo Warranto lately brought against the Charter of the sayd Company whereof the said Company and THE COMPAJS'Y'S INDEBTEDNESS. 525 all their officers and all others who have any of thie sayd Bdokes chap. Publique letters and other Eecords in their Custody are to take . "^^ • notice and permitt the same accordingly 1683-1687. Francis Gtwyn. {2) I do appoint M"' Mathew Morris and M"' Thomas Smith to inspect the Companie's Eecords &c above said remaining here in England. And M' Samuel Trott M"^ John Stowe M"" William Peniston M' Will Eighton and M"' John Stone or any two of them to inspect the Books Eecords &c of the said Com- pany remaining in the said Islands according to the direction of his Mat'^^ council above written.' E. Sawyer. 4. At a great and generall Quarter court, being a court for the election of officers for the Somer Islands Comp. held at Sadlers Hall 7 May 1684. A Law for the restraining and punishing Privateers and Pirates, endorsed ' This law is not yet sent into the Island.' ^Sept. 1684.) It refers to the continual violation not only of Articles concluded and agreed upon in Treaties, but of numerous proclamations of His Majesty, by his subjects entering into foreign Princes' service, and sailing under their commissions. Enacts the penalty of Death, without benefit of clergy, for any subject engaging in hostilities by sea or land against any Prince or State in amity with the Crown. This act is acknowledged by the Privy Council 13th May.^ 5. By a schedule annexed to a Deed of Sale of Public Lands dated 7 May, 1684, the Company's debts are shown to amount to £1592. 10s., the largest creditors being their own officers or Ministers — e.g. Sir John Haydon £220, Eev.Sampson Bond £200, Eev. J. Ffowle £200, Eev. H. Vaughan £158, Eev. W. Edwards £175, Eichard Stafford £29, &c. The lands proposed to be sold were 2 shares at the W. end of S' Georges Island, 50 a. ; Long Bird Island, 46^ a.; Cooper's Island, 77^ a. ; 2 shares at Tucker's Town, 50 a. ' The order for the examination of the books in Bermuda was transmitted by F. Bnrghill to Sam Trott and W. Bighton, and receiited by them July 8, 1684 ; next day four of the Commissioners named served the Secretary -with a true copy, and showed him the original. That officer vtry properly referred them to the Governor. They write, August 11, that he treated them with violence and indig- nity, threw difficulties in their way, and ultimately withdrew permission to peruse the books. ' Also as the Governor and Coxmcell have made the executing the Kings commands veiy troublesome, so has it proved chargeable to the expouse of £20, w"'out consideration of Mr. Bysshe's attendance.' (Colonial Papers, xxx,iii.) ' ' Colonial Entry Book,' vol. evii. p. 290. 526 F. BURGHILL NOMINATES GOVEENOK. CHAP. 6. At the Committee for Trade and Plantations in the -£!^ Council Chamber at Whitehall Wedn. 2nd July 1684. 1683-1687. Present The Lord Keeper, The Lord President, and six more. A Letter from the Earl of Sunderland dated the 30th of June last read, acquainting their Lordships that a verdict having been given vpon a Quo Warranto ag"' the Charter of the Bermuda Company, His Ma'^ hath appointed M'' Francis Burghil to goe as his Gov' to those Islands, and ordered their Lordships to consider of and prepare such commissions and Instructions as they shall think requisite on this occasion After which an order in council dated 27th of June last is read,^ whereby it is referred to their Lo''^ to inform themselves of the state and condition of the Summer Islands, and to report to his Ma'^ what Government they judge fittest for his Majestys service and the good and be- nifit of his subjects trading to and inhabiting those Islands As also to consider and report their opinions in order to entering Judgement vpon the Quo "Warranto brought against the Charter of the Bermuda Company Whereupon their Lo"^ being also ac- quainted that the Bermuda Company have lately alienated their Lands for payment of their Debts It is ordered That they attend the Committee on Wednesday the 1 6th Inst, to give an accompt of their debts and the nianner of payment intended by them And that a Draught of a commission and Instructions for the government of those Islands bee prepared against that time. 7. The company was also ordered on the 23rd July to pro- duce all the Laws Eules and public orders of Government that were in force in the Islands either in print or otherwise, together with an accompt of the past and present state of the public Lands and other parts of the Eevenue with an Abstract of such Books and Papers as may bee necessary for the better settlement of that Plantation. 8. On the 6th August Alderman Chaloner and others of the Bermuda Comp. were called in and an indentm-e dated the 7th May last, between the Comp. and W" Gove and others read Whereby the Compa doth release and confirm vnto them for ever All their Lands Tenements &c in Trust that the profitts for the three years shall bee received by the Company if they remain a Body Politick The remainder to Gove and others, for the payment of the comp"^ debts, according to a schedule an- nexed, and the overplus to bee disposed of according to the Companys direction. ' See ' Colonial Entry Book,' vol. xvii. p. 100. COLONEL CONEY REAPPOINTED. 527 Whereupon their Lo"' think fit that y" Comp' specify when chap. ,and how the Debts rnentioned in the schedule were contracted . ^"^m- and for what particular vse, as also that the company specify in 1683-1687. writing what Dutys and Eevenues have of late years been levied and raised for the support of the Grovernment, whether within the Summer Islands or here in England, with the orders by which they were received as alsoe the Imposts or dutys payable by shipps and their ladings, as alsoe that they send all the printed Laws and attested copies at length of all the written laws now in force, with the Bye Laws, Decrees, and other Pro- ceedings and orders relating to the Grovernment of the Summer Islands. This was done 25ih Sept. 9. 20 August 1684 A Letter from Colonel Coney to the Earl of Plymouth is read, praying that he may be continued by His Ma'^ in that Grovernment. 24 August 1684 M' Blathwayt Clerk to the Council is ordered to write to Colonel Coney as from himself, that His Ma"" is pleased to declare that he will continue him in the Grovernment of those Islands, accordingly he received in due time the following Eoyal commission : — 10. The first commission to a Governor of Bermuda from the Crown, 1684. James the Second by the grace of Grod, King of England, Scotland, France and Ireland Defender of the Faith &c To Our Trusty and welbeloved Richard Cont Esquire Our Lieutenant Grovernor and Coinander in cheif in and over all those Our Islands and Plantation commonly called the Bermuda or Summer Islands. (1) Whereas a Quo Warranto was lately issued against the Bermudas Company for many Misdemeanors and Misgovern- ments by them committed, vpon which a Tryal was had at the Barr of Our Court of King's-Bench the last Trinity Term, and thereupon the said Company stand convicted of several Misde- meanors and Judgement entred against them ; whereby the Go- vernment of the said Islands is now in our hands. (2) And Wee being willing to give all protection and encouragement to Our subjects within Our said Islands, and to provide in the most effectual manner for the security and good Grovernment of the same. Wee therefore reposing especial trust and confidence in the Prudence, Courage and Loyalty of you the said Richard Cony, of Our special grace, certain knowledge and meer motion, have thought fit to constitute and appoint and by these presents doe constitute and appoint you the said Richard Cony to bee Our Lieutenant Governor and Commander 528 ROYAL INSTRUCTIONS TO CONEY. CHAP, in cheif in and over all those Our Islands and Plantation in . ^^^ . America commonly called the Bermuda or Summer Islands, 1683-1687. with all their rights, members and appertinances whatsoever, (3) And, for your better guidance and direction, Wee doe hereby require and command you to doe and execute all things in due manner that shall belong vnto your command and the Trust Wee have reposed in you according to the several Powers, Instructions and Authoritys menconed in these presents, or such further Powers, Instructions and Authoritys as you shall now receive or which shall at any time hereafter bee granted or ap- pointed you vnder Our Signet and Signe-Manual or by Our Order in Our Privy Council and according to such reasonable Laws and Statutes as are now in force or shall bee made and agreed vpon in such manner and form as is hereafter expressed. (4) And Our Will and Pleasure is that you the said Eichard Cony having (after the publication of these Our Lres Patents) first taken the Oath of Allegiance together with the Oath of duly executing the Office of Our Lieutenant Governor and Com- mander in chief of Our said Islands (which Our Council in the said Islands or any three of them are hereby required, authorized and impowred to give and administer vnto you) you shall admi- nister vnto each of the Members of Our said Council as well the Oath of Allegiance as the Oath for the due execution of their places and Trust. (5) And Wee doe hereby give and grant vnto you full power and authority to suspend any of the Members of Our Council from sitting, voting and assisting therein, as you shall find just cause for soe doing. (6) And if it shall at any time happen that, by the death, departure out of the said Islands, or suspension of any of Our Counsellors or otherwise, there shall bee a vacancy in Our said Council (any Five whereof Wee doe hereby appoint to bee a Quorum) Our Will and pleasure is that you signify the same vnto vs by the first opportunity that Wee may, vnder Our Signet and Signe Manual, constitute and appoint others in their room. (7 ) But that Our Affairs, at that distance, may not suffer for want of a due number of Counsellors, If ever it shall soe hap- pen that there bee less than seaven of them residing within Our said Islands, We doe hereby give and grant vnto you full power and authority to choose as many persons out of the Principal Inhabitants thereof as will make vp the full number of Our Council to bee seaven and noe more. Which persons soe chosen and appointed by you shall, by virtue of such choice, remaine Counsellors in Our said Islands, vntil they are either confirmed by vs, or that, by Our nomination of other Counsellors in their THE ELECTION OF ASSEMBLIES. 529 stead vnder Our Signe Manual and Signet, the said Council chap. "WrTT shall have above seaven persons in it. ' (8) And Our Will and Pleasure is that every Member of 1683-1687. Our said Council suspended by you or displaced by vs, shall during such suspension and after being soe displaced, bee vnca- pable of being chosen a Member of the General Assembly. ( 9) And Wee doe hereby give and grant vnto you full power and authority, with the advice and consent of Our Council from time to time as need shall require, to Summon and call Grene- ral Assemblys of the Freeholders and Planters within yo"^ Grovernment according to the vsage of Our other Plantations in America. (10) And Our Will and Pleasure is that the persons there- upon duly Elected by the major part of the ffreeholders or Planters of the respective Divisions and soe return'd (and having before their sitting taken the Oath of Allegiance which you shall Commissionat fit persons vnder Our Seal of the said Islands to administer vnto them and without taking which none shall bee capable of sitting tho elected) shaU. bee called and held the Assembly of those Our Islands. (11) And that you the said Eichard Coney by and with the advice and consent of Our said Council and Assembly or the major part of them respectively, have full power and Authty to make, constitute and ordain Laws, Statutes and Ordinances for the Pablick peace, welfare and good Grovernment of Our said Islands and of the People and Inhabitants thereof and of such others as shall resort thereto, and for the benefit of Vs Our Heirs and Successors. (12) Which said Laws, Statutes and Ordinances are to bee (as near as conveniently may bee) agreeable vnto the Laws and Statutes of Our Kingdom of England. Provided that all such Laws, Statutes and Ordinances of what Nature and duration soever bee within three months or sooner after the making of the same, transmitted vnto vs vnder Our Seal of those Islands for Our allowance and approbation of them ; As alsoeDuplicats thereof by the next conveyance. (13) And in case all or any of them (being not before con- firmed by vs) shall at any time bee disallowed and disapproved and soe signified by vs, Our Heirs and Successors vnder Our or Their Signe Manual and Signet or by Order of Our or their Privy Council vnto you the said Eichard Cony or to the Com- mander in chief of Our said Islands for the time being, then such and soe many of them as shall bee soe disallowed and dis- approved shall from thenceforth cease, determin and bee vtterly void and of none effect, any thing to the contrary thereof not- withstanding. VOL. II. M M 530 ESTABLISHMENT OF COUETS OF JUSTICE. CHAP. (14) And to th' end nothing may bee passed or done by XYill. Our said Council or Assembly to the prejudice of vs, Our Heirs 1683-1687. and Successors, Wee will and ordain that you the said Eichard Cony shall have and enjoy a Negative Voice in the making and passing of all Laws, Statutes and Ordinances as aforesaid. (15) And that you shall and may likewise from time to time, as you shall judge it necessary, adjourn, prorogue and dissolve all Assemblys as aforesaid. (16) And Our Will and Pleasure is that you shall and may keep and vse Our Seal appointed or to bee appointed by vs for- those Our Islands. (17) And Wee further give and grant vnto you the said Eichard Cony full power and authority from time to time and at any time hereafter, by your self or by any other to bee authorized by you in that behalf, to administer and give the Oath of Allegiance now established within Our Eealm of England to all and every such persons as you shall think fit who shall at any time or times pass vnto Our said Islands or shall bee resident or abiding there. (18) And Wee doe hereby give and grant vnto you full power and Authority, with the Advice and consent of Our Council to erect, constitute and establish such and soe many Courts of Judicature and Publick Justice within Our said Islands as you and they shall think fitt and necessary for the hearing and determining of all Causes as well Criminal as Civil according to Law and Equity, and for awarding execution thereupon, with all reasonable and necessary Powers, Autboritys, Fees and Privileges belonging vnto them. As alsoe to appoint and Commissionat fit persons in the several parts of Our said Islands to administer the Oath of Allegiance vnto such as shall bee obliged to take the same. (19) And Wee do hereby grant vnto you full power and authority to constitute and appoint Judges and, in cases requi- sit, Commissioners of Oyer and Terminer, Justices of the Peace, Sheriffs and other necessary Officers and Ministers within Our said Islands for the better administration of Justice and put- ting the Laws in execution, and to administer such Oath and Oaths as are vsually given for the due execution and perform- ance of Offices and places, and for the clearing of Truth in Judicial Causes. (20) And Wee doe hereby give and grant vnto you full Power and Authority where you shall see cause and shall judge any Ofifender or Offenders in Capital and Criminal matters or for any Fines or Forfeitures due vnto vs, fitt objects of Our Mercy, to pardon all such Offenders and to remit such fines and forfeitures,Treason and WilfuU Murther only accepted, In which MILITARY POWEES. 531 case you shall likewise have power, upon extraordinary occa- chap. sions to grant Eepreives to the Offenders therein vntil, and to ^^^^^- . the intent, Our pleasure may bee further known. 1683-1687. (21) And Wee doe by these presents give and grant vnto you full power and authority to collate any person or persons to any Churches, Chapels or other Ecclesiastical Benefices within Our said Islands as often as they shall happen to bee void. (22) And Wee doe hereby give and grant vnto you the said Eichard Cony by your self, your Captains and Comanders by you to bee authorized full power and authority to levy, arm, muster, command or imploy all persons whatsoever residing within Our said Islands. And, as occasion shall serve, them to transferr from one place to another for the resisting and with- standing of all Enemys, Pirats and Rebells both at Land and sea, and to transport such Forces to any of Our Plantations in America as occasion shall require for the defence of the same against the Invasion or Attempts of any of Our Enemys. (23) And them, if occasion shall require, to pursue and prosecute in or out of the limits of Our said Islands and Plan- tations or any of them. (24) And (if it shall soe please God) them to vanquish and, being taken, either according to the Law of Arms to put to death, or keep and preserve alive at your discretion. (25) And to execute Martial Law in time of Invasion, In- surrection or Warr and during the continuance of the same : And to doe and execute all and every other thing which to a Captain General doth or ought of Right to belong as fully and amply as any Our Captain General doth or hath vsualy done. (26) And Wee doe hereby give and grant vnto you full power and authority to erect, raise build and maintain within Our Islands aforesaid such and soe many Forts, Platforms, Towns and Fortifications as, by the advice aforesaid, shall bee judged necessary. (27) And the same or any of them to fortify and furnish with Ordnance, Ammunition and all sort of Arms fit and neces- sary for the security and defence of Our said Islands: And the same again or any of them to demolish or dismantle, as may bee most convenient. (28) And Wee doe hereby give and grant vnto you the said Eichard Cony full power and authority to erect one or more Court or Courts Admiral within Our said Islands and Territorys for the Hearing and Determining of all Marine and other Causes and matters proper therein to bee heard with all reasonable and necessary powers, Authoritys, Fees and Privileges. (29) And alsoe to exercise all Powers belonging to the place and Office of Vice-Admirall of and in all the Seas and Coasts 532 • POWERS OF ADMIRALTY. CHAP, about your Government, according to such Commission, Autho- XYiil. rity and Instructions as you shall receive from Our Self vnder 1683-1687. the Seal of Our Admiralty or from Our Hfgh Admirall of Our fforreign Plantations for the time being. (30) And forasmuch as divers Mutinys and Disorders doe happen by persons shipped and imployed at sea. And to th'end that such as shall bee shipped or imployed at Sea may bee the better governed and ordered, Wee doe hereby give and grant vnto you the said Eichard Cony Our Lieut Governor and ■Com- mander in cheif full power and authority to constitute and appoint Captains of Ships and other Commanders, and to grant vnto such Captains of Ships and other Commanders Commissions to execute the Law Martial and to vse such Proceedings, Autho- ritys. Punishment correction and execution vpon any offender or offenders which shall bee mutinous, seditious, disorderly or any way vnruly either at Sea or during the time of their abode or residence in any of the Ports, Harbors or Bays of the said Islands or Plantations as the cause shall bee found to require according to Martial Law Provided that nothing herein con- tained shall bee construed to thenabling you or any by your Authority to hold plea or have Jurisdiction of any offence, cause matter or thing committed or done v'pon the High Sea, or within any of the Havens, Eivers or Creeks of Our said Islands or Territorys vnder yo' Governm' by any Captain, Commander, Lieuten' Master, or other Officer, Seaman, soldier or person whatsoever who shall be in actual Service and pay in and on board any of Our Ships of Warr or other Vessels acting by im- mediat Commission, or Warrant from Our Self vnder the Seal of Our Admiralty or from Our High Admirall of England for the time being. But that such Captaine, Commander, Lieut, Master, Officer, Seaman, Soldier, and other person soe offending shall bee left to bee proceeded against and tryed as the merit of their offences shall require, either by Commission vnder Our Great Scale of England as the Stat of the 28 H. 8. directs, or by Commission from our High Admirall for the time being according to the Act of Parliament passed in the 13"^ year of the Eeign of the late King Our Most Dearly Beloved Brother, entitled an Act for the establishing Articles and Orders for the regulating and better government of His Ma'^'^ Navy, Ships of Warr and Forces by Sea and none otherwise ; saving only that it shall and may bee lawful for you vpon any such Captain or Commander's refusing or neglecting to execute or upon his negligence or vndue Execution of any the written Orders hee shall receive from you for Our Service and the Service of Our said Islands, to suspend him the said Captain or Commander from the Execution of the said Office of Commander and com- ISSUE OF PUBLIC MONIES. 533 mit him into safe custody either on board His own Ship or elsewhere at the discretion of you in order to his being brought to answer for the same by Commission either vnder Our Great 1683-1687. Seale of England or from Our High Admirall for the time being as is before expressed. In which case Oar Will and pleasure is that the Captain or Commander soe by you suspended shall, during such his suspension and commitment bee succeeded in his said Oflfice by such Commission or Warrant Officer of Our said Ship appointed by Our Self or Our High Admirall of England for the time being as by the known practice and dis- ciplin of Our Navy does and ought next to succeed him as in case of death, sickness or other ordinary disability hapning to the Commander of any of Our Shipps and not otherwise ; You standing alsoe accountable to Vs for the truth and importance of the crime and misdemeanors for which you shall soe proceed to the suspending of such Our said Captain or Commander. (31) And Our further Will and pleasure is that all Publick Money raised or to bee raised within Our said Islands bee issued out by Wan-ant from you (or any other person in your absence commissionated by vs to bee Commander in cheif and disposed of by you or such Commander in cheif for the support of Our Government in those Our Islands. (32) And Wee doe hereby give you full Power to appoint ffairs, Marts and Markets as you, with the advice of Our said Council shall think fitt. (33) And Wee doe likewise grant vnto you full Power and Authority to order and appoint within our said Islands such and 'soe many Ports, Harbors, Bays, Havens and other Places for the convenience and security of Shipping, and for the better loading and vnloading of Goods and Merchandises in such and soe many Places as by You with the advice and consent of Our Council, shall be thought fitt and convenient. And in them or any of them to erect, nominate and appoint Custom-Houses, Ware-houses and Officers relating thereunto, and them to alter, change, place or displace from time to time as, with the advice aforesaid shall be thought fitt. (34) And Wee doe hereby require and command all Officers and Ministers Civil and Military and all other Inhabitants of Our said Islands to bee obedient aiding and assisting vnto you the said Richard Cony in the Execution of this Our Commission and of the Powers and Authoritys therein contained. And in case of your death or absence out of Our said Islands, vnto the Commander in cheif to bee appointed by vs, to whom Wee doe by these presents give and grant all and singular the Powers and Authoritys aforesaid to be executed and enjoyed by him during Our pleasure or vntill your arrival within Our said Island. 534 PROVISION IN CASE OF DEATH. CHAP. (35) And if vpon such death or absence there bee noe person ■ ^^^^^- . vpon the place appointed by vs to bee Comahder in cheif ; Our 1683-1687. Will and Pleasure is that the then present Council of Our said Islands doe take vpon them the Administration of the Govern- ment and execute this Commission and the several Powers and Authoritys herein contained. And that the first Counselor who shall bee at the time of your Death or absence residing within Our said Islands doe preside in our said Council, with such powers and preheminences as any former President hath vsed and enjoyed within Our said Islands or any other Our Planta- tions in America vntil Our further Pleasure bee known, or your arrival as aforesaid for and during Our Will and Plea- sure. (36) And lastly Our Will and Pleasure is that you the said Eichard Cony shall and may hold execute and enjoy the Ofi&ce and place of Our Lieutenant Governor and Commander in cheif in and over Our Islands aforesaid, with all rights, members and appurtinances whatsoever thereunto belonging, together with all and singular the Powers and Authoritys hereby granted vnto you for and during Our Will and Pleasure.^ 11. Eichard Banner, Secretary to the Company, handed in, 25 Sept. 1684, an abstract of all Laws and Orders im- posing taxation, and an abstract of the Company's debts, which may be condensed as follows : — (1) Is the order of 8 December, 1623, given in full vol. i. p. 324. It was agreed to by the Company, 17 December, 1620. (2) At a Quarter Court, 9 February, 165f, a duty of a penny per lb. was ordered to be levied on all tobacco imported from the Somer Islands, the growth of the place, for maintenance of ministers, supply of ammuni- tion, payment of officers in England and in the colony, and other public charges, with right to alter and change the same. Pursuant to this order he reports that duties ranging from one halfpenny to twopence per lb. have been received by the Company, and applied to the sup- port and charge of Government. ' The document is thus recorded, without date or signature, but there seems no reason to doubt that it is a copy of the actual commission of Colonel Coney. FINANCIAL STATE OF THE COMPANY. 535 (3) The Act No. 3 of 1620 (vol. i., p. 167) is given for a levy for maintaining the garrison of the King's Castle, viz. : 30,000 ears of corn, and 1,000 lbs. of tobacco ; les^-iesT. this charge to be equally distributed betvsreen the under- taker in England and the planter. It is said that this levy of corn hath been since raised yearly for the mainte- nance of the castle soldiers (12), and also the levy of to- bacco, which has been applied for the castle soldiers, the repair of the forts. Governor's and Secretary's houses, the bridges, and for the general good of the Islands. The amount has been about 5 lbs. a share, sometimes more, sometimes less. ' I am informed the whole leavy is some- times less than £30 sterl.' Powder money is raised by the Sheriff and carried to the General Account. The Company's rents for pubhc lands amount to 1,044 lbs. of tobacco per annum, mostly at 50 lbs. per share of 25 acres. For Trunk Island was paid in 1679 10 lbs. ; Cooper's Island, 40 lbs. ; Longbird Island, 80 lbs. of tobacco. The public charge in 167f was 5,998 lbs. It appears by the Schedule of Debts, which amounts to £1,592. 10s. 4d., that the Company paid a rent of £16 per annum to the Saddlers' Company for the use of their hall, and paid salaries as follows : To the Dep Gov. in London £20. The Beadle £20. To the Treasurer £20. The Husband £20. To the Secretary £20. To the Searcher £10. To the Dep'' Governor in Bermuda (to whom 4 years were due) £50. To each Minister £40 (4 to 5 years in arrear). There was an estimated credit of £400 for impost of duty payable for the ship ' Constant Love,' lately arrived, at halfpenny per lb. on her lading of tobacco.^ ' The Company's taxes are elsewhere stated to have teen (1) Id. per lb. on tobacco, producing one year with another, l,S0Ol.; (2) id. a gallon on rum, -which amounts to half the value of the beverage ; (3) a tax of 6s. per head whenever they please ; (4) a tax of 50 lb. of tobacco per share ; (5) a corn tax for main- taining the forts. Also 1 lb. of powder per ton from all shipping. 536 SEDITION OF HENRY BYSSHE. 1683-1687. CHAP. In calculating the sources of a future revenue Burghill's ^^^^^- estimate was that 120 shares of Crown lands at £5 per share would yield £600 per annum, out of which should be paid to 5 ministers £40 per annum each, to the Go- vernor £200, to buying of guns, powder, &c., £150. The Assembly to settle a duty of 4^ per cent, upon his Majesty, his heirs, and successors. Tenure of land to be by Knight's service. Every share of land to be bound on emergent occasions to send two men to serve against an invader. 12. Minute of the last recorded Council under the Ber- muda Company, held at S* Georges, 14-21st October, 1684. Then present Hon"'' Colonell Eichard Coney Gou"" Capt Gren' M' Joseph Darrell Capt" John Hubbard Sherife John Huchings Capt" Henry Durham Thomas Fforster M-^ Eich. Stafiford Copeland Lea Capt Geo Bascome and M'' John Tucker Secrtarie The proceedings are entirely occupied by depositions against a Mr. Henry Bysshe, who was brought out to Ber- muda by Coney, for declaring in the course of conversa- tion, as he was travelling in a boat with several of the Council and others, that ' the Company was broke, and that there was noe Government in this Island : that now was the time for the country to chuse Government, and several other scurrolus words against the present Go- vernor and Governm*. When some in the Boat said that they heard the Gouern" should say he was a Eogue, Mr Bysshe replied that that Gouernor was as bad a Eogue as he was or a worse.' These depositions were transmitted to England by Governor Coney in a letter dated 21 Oct., and a Procla- mation issued 1st Novem. warning all ' persons upon their perills to yield obedience to the present Government under the Hon'''^ Bermudas Company, for that nothing appeared to the Governor or Council that they had lost their Patent.' PETITION OF THE ASSEMBLY, NO. 6. 537 13. Petition N" 6. The Assembly of 1684 against the chap. Bermuda Company, rec^ by the Council of State, 14 • — r— ^ Novem.1684. "«^-"«^- To the Kings most excellent Majesty. The Humble Petition of the G-enerall Assembly, the Eepresentative Body of the Sommer Islands. Humbly sheweth. Whereas King James of blessed memory did by his Gracious Letters Patents give and grant unto the first Proprietors of these Islands by the name of Treasurer and Company of the Somer Islands many Priviledges Liberties and Imunities w* Severall Bounds and Limitacons for the making and alteracon of Lawes absolutely necessary to the well being of these Islands and y^ Inhabitants thereof, w""" said Proprietors did ordaine severall good and wholesome constitutions agreeable to the said Letters Patents w* were to be kept by them and their successors in- violably, Printed Anno Dni 1622, to which reference being had may more evidently appeare, in w"" Patent His said Ma*'° hath given a considerable part of these Islands for the defraying of the Publique charges, part of w"" lands the said Company have disposed of to Private vses, and have laid Taxes and Imposi- tions upon our goods without y® consent of the Inhabitants, extorting sometimes neer one halfe of the value of the only staple commodity of these Islands, and by their illegal orders to their Grovern'' and Officers here have invaded our Liberties and Properties and Defeated us of o' Birthright, and altho' we are yo"" Ma*'''' Free-born subjects and successors of the said Proprietors and the farr greater part of the Freeholders, which we are given to vnderstand yo'' Sacred Ma"* was pleased so to resent that a Quo Warranto was issued by order from yo"^ most serene Ma"° against y" said Compa, which altho' yo"^ Ma"* was pleased to withhold the Prosecution of, in favor to the said Company, and from which we might have expected as an effect, if not some Reformation, yet a cessation of their unjust Impo- sitions Lawes and orders whilst the said Quo Warranto was depending. But in their last generall Letter and orders to the (jrovernor and Councell sent over to these Islands {ante, p. 517) they have ordered the taking away of a share of land from an Inhabitant here, without a tryall, and have commanded their officers to sue a person here for their illegal Impositions (by virtue of a Bond extorted from him) when the case is depend- ing and the said person hath put in security to answer them in your Ma*'*" Courts in the Realme of England, and they have by their Dep^ Governor imposed a Bond on your Ma"*' subjects repugnant to your Mat'*' Lawes, and for which Bond an vnusuall 538 THE ASSEMBLY OF 1684. CHAi'. Fee or Imposition is extorted by their Dep. Grovernor here, and XYiir. ^jjg goods of yo"" Ma"^° subjects are here seized by the said 1683-1687. Dep'' Grovernor without processe or tryall at Law, not suffring yo"^ Ma*'^' subjects to Eeplevin the same, and they have also ordered the taking away of our privileges imposing Fines and amerciaments upon us if we lase them. Altho contrary to their owne Lawes we have been hindered from having an Assembly for ten years last past, and have smarted under the oppressive Laws and orders of the said comp% yet now, having presented our Aggreevances for Eedress and our Acts for their approbation w"*" might have been a good means to have effected a happy union between the Comp* and the Inhabitants yet the said Comp" have not redressed our Aggrievances nor confirmed those Lawes we have sent unto them, but have just cause to fearethat our Burdens shalbe by them increased, altho' by their oppres- sion and Illegal orders, and Impositions we are every day made less able to beare them. Wherefore most Deare and Dread Soveraigne we yo"^ Mat''' poor Petitioners knowing yo"^ Eoyal Ma*'^^ heart is open to all, and the Acts of yo' Ma""' Eoyal Favour and Grrace is like the f£re and Air common to all yo"^ Ma"'° Loyall Subjects, our great necessities compelling us to beg redress from yo'" Ma"° in this our Deplorable condition humbly and earnestly imploring yo' most Sacred Ma"° gracious Assistance to succour us in our Extremity and to pardon our rude lines as comming from poore distressed Planters, who are confident of nothing more than that they are and desire alwaies to be Your Most Excellent Ma"*^ most Humble most obedient and Faithfull subjects Thomas Eichards speaker John Dickenson Jno Jaunceye Henry Harvey Thomas Seymour Thomas Wainwright Eichard Matholin W Grreene Jer. Burrows Nathaniel Butterfield Thos Gribbs Nehemiah Tatum Will Eeece Eobert Tines Peter Prudden Thomas Outerbridge William Pitt Samuel Trott Edward Johnson Michael Burrows William Melborne Boaz Sharpe Eichard Penniston Thomas Stowe Lawrence Dill Arthur Jones David Whitney Will. Williams Joseph Stowe Eichard Grilbert Anthony White Cornelius Hinson Thomas Smyth JUDGMENT AGAINST THE COMPANY. 539 It illustrates in a striking manner the permanency of chap. Bermuda society that, oul? of 31 family names in the fore- ■ ^—l- going list, nine or ten are to be found in the House of i^^^-i^^?. Assembly of the present day, and as many more are borne by native families of the class of gentry. 14. The end, long resisted, fell at last upon the un- worthy representatives of the name and the powers of the once great Bermuda Company: a small leaf of paper headed ' Judgement against the Bermuda Charter ' con- tains the following brief record : — Dies Jovis qx post Quinden Sci. Martini Anno xxxvj Caroli Sedi Eegis (27 November 1684) London. Dnus Rex \ f Ordinat. est qd Indicium V Gubernator Et Societat I J intretur pr Dno Rage Civit London pr Plant. [ 1 versus Def et Lib.tat de le Somer Islands j { seisiant*"^ Ex mocone Attorn. Dni Eegis GeneraP Burghill afifirms that ' Having delayed the kings cause at Law from 1679 until Trinity Term 1684 the Company pre- tended the night before the trial that they would make no defence (when they could put it off no longer) in hopes to sur- prize the kings council, and at the Trial (when they found so many foul things proved against them) they pleaded That they were not the men : when it was disproved, they then pleaded the Act of Indemnity, when it appeared that should have been pleaded at. first, and that many of their crimes were since, They would have drawn jurors and submitted, w*^*" M' Attorney General refusing, the Verdict went for His Majesty.' The action is merely alluded to in Shower's Eeports : — ' There was that ' (an action of Quo Warranto) ' against the Bermuda Company, but they never appeared.' ' ' Showers, ii. p. 279. 1794. The formal entry of judgment upon the Rolls of Court has not been found. The nearest approach to it is an entry on the Con- trolment Roll, Trinity Term, 36 Car. II., for -which I am indebted to Mr. S. E. Bird, of the Public Record Of&ce, and which, being expanded, reads as follows : — ' London. Intratio surreiuncionis Attornati Domini Regis nunc General! eodem reiuncione Gubernatoris et Societatis Londoni pro plantatione de la Somer Island Quo Warranto clamant habere tenere uti et gaudere dirersos libertates privelegias et ffranchesias infra civitatem London et insulas predictas, undo impetrati simt.' This is followed by an entry of a replication of the aforesaid Governor and Company, and a note is superscribed — ' ludicium pro Dno Rege Mich, xxxvi. Car. ij. Ro.' 540 THE COMPANY AS DISSOLVED. CHAP. 15. The Company at the time of its dissolution, ac- . ,?\"^: . cording to a paper preserved in the Eecord Office, was 1683-1C87. cQi^posed Es follows : The names of the Bermuda Company who rule at present, and what land they pretend to in the sd Islands. Earle of Nottingham (D Finch) Gov' 1 share of M' Trotts Sir Gilb Grerrard Dep. Gov. . .1 of M' Pyms Sir Francis Gerrard M' Barrington M"- Waller Eichard Chandler John Chandler . Eichard Chandler J' Samuel Smith Minister Samuel Smith J"" nonconformist son .... Hugh Noden Tobaconist . Humphrey Meverell Broker Eich* Beacham Tobaconist Thom. Garford Solicitor . — Meredith Tobaconist John Eeeves Broker . John Trott ] , >T- -u 1 m . . newly come Nicholas Trott Y .,•' ^ „, the Comp. — Steevens ) ^ 1 1 1 1 par- into ofM- ofM' Trotts Pyms Haberdashers of Small wares only a pepper corn 25 16. At a Committee of Trade and Plantations, Whitehall, 29 Novem. 1684. Their Lo"' taking notice that the judgement for his Ma'^ against the Bermuda Company is actually entered, think fit that the Attorney General bee desired to order an exemplification thereof to bee forth with made out, and that it bee sent with His Ma*^^^ commission and Instr' to the Governor of those Islands, as also that a Writ of Seizure bee Dispatcht there- upon. This was done accordingly, and the document, or rather an unfinished copy of it, exists in good preserva- tion ; but the clerk whose duty it was to record it in Bermuda never completed his task.^ Mr. John Harvey ' See Tol. i. p. xxv. CONSTITUTIOIirAL QUESTIONS INVOLVED. 541 Darrell, as previously mentioned, translated it, and fa- chap. voured the Editor with the following learned and inte- resting observations on it in June, 1873 It is a copy of what is technically called an ' Exemplifi- cation ' — that is, an officially attested copy of the Eecord of a Judgment in the Court of King's Bench at Westminster in 1684 of the proceedings in the Quo Warranto under which the Charter of the Bermuda Company was declared to be forfeited to the Crown. I am not aware that this document has ever been printed, although it is referred to in the arguments of counsel in the great political Case of the Quo Warranto against the City of London, reported in Shower's Eeports of cases in that court, the decision in which was one of the proximate causes of the Eevo- lutionof 1688. It involved a very important constitutional question, viz : Whether on a conviction of alleged abuses committed by the members of, a corporation, in their corporate capacity, the charter of the corporation should be extinguished, or only the corporators themselves punished, and their supposed abuses corrected ? The pliant Judges about the end of the reign of Charles II. held the former doctrine ; and the Government of the day, in furtherance of their political views for increasing the power and influence of the Crown, prosecuted a number of the smaller corporate bodies, whose privileges were seized into the hands of the King and fresh charters granted to them with such alterations as were deemed expedient.' At length they attacked the City of London. Chief Justice Pemberton, then presiding in the Court of King's Bench, entertained doubts. He was removed from office, and Sir Edmund Saunders (who had been counsel for the Crown in framing the proceedings against the City of London) was made Chief Justice in his place, and the Courts decided for the forfeiture of the City Charter to the Crown. But Parliament in the beginning of the reign of William and Mary declared the Judgment illegal and , reversed the sentence. 17. At a meeting of the Committee for Trade and Plantations, 6 Decem. 1684, Petition No. 6, from the General Assembly of the Summers Islands, was read, setting forth that a considerable part of those Islands being ' It is sufficient to mention Oanterliury, Colchester, Bedford, Buckingham, Exeter, Oxford, Plymouth, as examples. These and many other cities had their charters revoked and received new ones in 1C84, — Ed, XVIII. 1683-1687. 542 PROPOSAL TO SELL PUBLIC LANDS. CHAP, given by the Charter of , the Company for the defraying the ■ Publick charges the Compa have disposed of part of them to 1683-1687. privat vses and lay Taxes and impositions vpon the goods of the Inhabitants without their consent and further complaining of great grievances and oppressions suffered by them from the Company wherevpon it is ordered that a copy of this Petition be delivered to the Earl of Nottingham. His Lo"" being acquainted herewith made answer that he was not at all concerned in the matter of that Petition. 18. Deposition against Mr Henry Bishe. Captain William Peniston made affidavit before the Governor 23 Decern. 1684, that some short time after the Assembly sat, M"^ William Milborne came to his house in very great haste, and asked if he would be Governor, declaring that they were about to turn the Governor out. He told him that M'' Bishe a learned man in the Law had given his advice that the turning the Governor out would be no danger nor damage to any man, and that he would manage the affair according to 'Law. [Captain Peniston prudently declined to havejanything to do with the matter. The case was referred home.] 19. At a Meeting of the Committee of Privy Council, 16 December, 1684. The Earl of Nottingham presents at the committee a sche- dule of the Debts of the late Bermuda Company amounting to £828 and it being proposed by some of the members of that company that eight shares of the publick lands in the Summer Islands may be alienated by His Majesty for the discharge of those debts, their Lo"^ will report to his Ma**" that the considera- tion thereof be referred to the Lords Commiss" of the Treasury and in case it be thought that the Eight shares of Land bee disposed of for the discharge of those debts, that the Company may be answerable to His Ma'^ for the Overplus, and acquit His Ma'^ from all pretensions and demands whatsoever on the account of that Company, and their Lo"^ will likewise propose that the Taxes which were levied in the Summer Islands by the Company here before they were dissolved, bee continued for the support of the Government of those Islands. 20. The Eeport from the Treasury was presented 13th Jan. 168|. Setting forth that as they cannot advise His Ma"" to alienate any part of His Crown Lands which they find also to bee situate ACCESSION OF JAMES II. 543 in that part of the country which is of the greatest importance chap. to the security and defence thereof.' Soe for the removing all . ^^^^^' . pretences they are of opinion that one third of all such Levys 1683-1687. and Taxes vpon Tobacco or otherwise which shall bee hereafter imposed within those Islands bee appointed by His Ma' to satisfy those debts proportionably till they shall be extinguished Provided the members of the late company or their Trustees do quit claim to all Publick Lands and to all the Gruns negros and other estate belonging to that Comp* and release His Ma''' from all demands whatever relating to those Islands. 21. 20th Jan. 168|. A draught clause was agreed to for insertion in the Letter from the King to be sent to Colonel Coney directing him to take possession of the Gruns, Negros, &c, and to account for them to His Ma"'. [A Letter to this effect was delivered to Mr. Tucker on the 22nd Jan. There are occasional entries of the subsequent death of some of these negroes ; thus Callibar (possi- bly Caliban, but if so, the only Shakspearian name found) departed this life on or about 20 March, 168|-.] 22. On the 23rd February 168|. A Letter was sent by way of Barbadoes directing Colonel Coney to proclaim the new King according to the Form in- closed, and to publish His Ma'^° Proclamation of the same date, which was also inclosed as follows. Accession of James II. 6 February 1685. A Proclamation for his Majestys Islands of the Bermudas or Summer Islands in America. Whereas it hath pleased Almighty God to call to his mercy our late Sovereign Lord King Charles the Second of most blessed memory, by whose decease the Imperial crowns of England, Scotland, France, and Ireland, as also the supream Dominion and Sovereign right of the Islands & Plantation of the BevTnudas or summer Islands, and all other his late Ma- jesties Territories and Dominions in America, are Solely and EightfuUy come to the High and Mighty Prince James Duke of York and Albany His Majesties only Brother and Heir. We therefore The Governor and Coundll with the Principall Officers and Inhabitants of the Islands & Plantation afore ' Namely St. George's Island and the vicinity of Castle Harbour. Portions of these lands still pay a quit rent to the- Crown. 544 ARTICLES AGAINST CONEY. CHAP, said Do now hereby with one full voice and consent of Tongue ^^^^^^- ■ ^^'^ heart publish and proclaim, That the high and might Prince 1683-1687. James the Second, is now by the Death of our late Sovereign of happy memory become our onely Lawful, Lineal and rightful liege Lord James the Second By the grace of Grod King of England, Scotland, France, and Ireland, Defender of the Faith, Supream Lord of the Islands and Plantation of Bermudas or Summer Islands and all other his late Majesties Territories and Dominions in America &c To whom we do acknowledge all faith and constant obedience, with all hearty and humble Affec- tion Beseeching Grod by whom kings do reign to bless the Eoyal King James the Second with long and happy years to reign over us. Grod save King James the Second. The whole is a printed form except the words in italics. The date of proclamation is not endorsed. (Colonial Papers, Bermudas, 33.) 23. On the same date, 23 Feb. 168f, is read a letter from Colonel Coney to the Earl of Nottingham, dated 21 Oct., describing an outrage committed against him at St. George's. 24. At the Committee of Trade and Plantations, 23 Feb. 168|-, the Earl of Sunderland delivers the subjoined paper of Articles against M' Kich^ Coney, Gov'' of the Bermudas. To the Kings most excellent Majesty. Artickels of complaint, and other High Misdemeanors Humbly offered against Eichard Cony Esq" Deputy Govo' &c [not dated, 1684], Sheweth. ( 1 ) That after the arrival of the said Cony in the Islands aforesaid which hapned the 29th Day of January 168f Certaine Articles sent ouer to be presented to yo' Ma'^ by William Eighton against Henry Deareham the pretended Deputy Governor, were shewed the said Cony, wherein the said Deare- ham was charged amongst many other Malitious and Treason- able expressions against yo' Ma''' to have said in the Judgement Hall, in the full Assembly of the People, That if ever his Ma'^ came to governe the Bermuda by Officers, nothing was to be expected but loss of their Landes, Poperey, and voyolence, And HIS ALLEGED TYRANNIES. 545 that if the Company were broken the Inhabitants goods and CHAP, properties should be taken from them, in spite of their Teethes, . ^"^"^- , ■without any Redress, because yo' Ma'^ would hear nothing 1683-1687. against yo' Officers nor doe them any justice in such cases vrging that yo"" Ma'^^ Grovemm' was accompanied with horrid Blasphemies and continuall Prophanes & that if the Company was broken, and that the people submitted to yo' Ma'^, they would be bought and sould, and perhaps see 30 or 40 Frigotts ly in their Harbours to Devoure them. Addinge in further contempt of yo' Sackred Ma''' that they would be lykewise then forced to church with a Drum and Fiddell, Which articles aforesd being shown to and perused by the said Eichard Cony he swore by G-od that the said Deareham had said nothing but the Truth. (2) That whereas certaine Lawes have been longe since constituted for the better Government of the negroe slaves, without the due execution of which yo' Ma'^' Christian subiectes would be in continuall Danger. He for his owne private Proffitt openly declares them as good subiects as the Assembly men Saying that the Company and the Assembly were too sausey in makeing orders to restrayne their Insolencies. (3) That pursuant to the said opinion he with his owne personall power and hands tooke from one Joseph Milbourne a negro slave after 12 yeares possession and converted him to his owne vse. Denying the said Milbourne a Replevie according to Law. As likewise from one EUinge Burrowes another, which had been transferred by assignment twice or thrice without any pretence thereto more than the slaues bare Allegation. (4) That contrary to yo' Ma'^° Eoyall Intention and prac- tice for Governm' of all yo' Plantations with free liberty in points of Religion, he hath invented, by his own authority im- poses, a new sort of oathes of allegiance and supremacy not expressed in the Statutes for yo' Ma'^° service But mearely to insnare people, and to force them to submit by Imprisonment to his will and pleasure, persuant to which he comitted one Thomas Tibby a Quaker .to the Marshall for refusing them : tho he only cam to these Islands to receive som Debtes. And a person who only desired of him that the oathes might be explained accordinge to yo' Ma'^° Lawes, he comitted likewise to the Marshallsis, (5) That the said Cony declares he hath yo' Mat'*' Royall Commission, and is in such favour that he may doe what he pleases, tho' the Company faile, and persuant therevnto con- trary to your Ma"^° Lawes gratious G-overnm' ouer all yo' people, doth at his owne will and pleasure exact new and vnpre- cidented Impositions and fees, as fine shillings for a Bond he VOL. II. N N 546 THE PRIVY COUNCIL PBOPOSES ENQUIRY. ^f^,- forces without Law each master of a ship that arrives there to , — '-^ give before he suffers him to depart, and upon every passenger 1683-1687. ^^Q shillings, not sparing one John Grails a Frenchman, whoe by shipwreck lost all he had, nor suffering him to depart till he had paid the said Five shillings soe illegally imposed. (6) That the said Cony by his owne will and pleasure granted an illegal warrant for seizing the goods of one John Stowe and comitted him to Prison for not obeying it. (7) That whereas by ancient constitution and custome each ship arriving in the said Island is to deliver one Pound of Powder pr Tunn according to her burden, or the value, for the defence of those Islands, he the said Cony receives money for the same and convertes it to his owne vse. (8) That without leave the said Cony forces all Publique howses to take Lycences, exacting to himselfe Five shillings, the marshall Twenty shillings, besides the secretaries ffee which is Two shillings six-pence. (9) That lykewise in his Drunken Deboshes which are very frequent, he sweres, curses & oftymes strikes civill men attend- ing him vpon their necessary and LawfuU occasions, without the least provocation on their parts, as particularly William Milbourne whome he allmost struck downe, committing both him and one Henry Bish, and in his fury made a mittimus to send them both for England without expressing therein any cause.' Commanding his Gruardes to hale them on board the Magazine or Companies ship, denying to express the cause for which the master thereof refused to receive or convey them thence to Banishment. Another tyme without the least vn- -ciuill Language given he beate a certaine master of a ship attending him for his clearing. The truth of all which will be made to appeare to yo"" Ma'^ by your Dutifull subiects. (Signed) William Milbouenb Will. Eighton. 25. Their Lordships upon this agreed, 25 Feb. 168f, to advise that depositions on the subject of these charges be taken by some of the Council or Justices of the Peace in the Bermudas and that nor restriction or discouragement bee put vpon the taking and transmitting of all necessary proofs and records which are to bee attested by the proper officers .... and that the Commanders of His Majestys ships which shall in a reason- able time pass that way bee ordered to call at the Bermudas ■ It appears as a fact that Bishe was sent to England (see p. 549), But Coney's replies to all this (pp. 563-661) must he read. COLONEL CONEY TO THE PRIVY COUNCIL. 547 and to enquire into the condition thereof, and during their stay CHAP, there, to give all the assistance they can to the Grovernment '" - for the security of those Islands, whereof an account may be 1683-1687. transmitted to His Ma"' for His further directions. Orders to this effect were accordingly forwarded by M' Nathaniel Sanders Commander of the Globe to Sir W" Stapleton Commander in Chief of the Leeward Islands : and the per- secuted Grovernor reported not long after, that it was only through the protection of Captain Sharp with his men and Captain Conway Commander of the Prosperous, that he escaped being brought to trial by the Inhabitants upon the articles exhibited by them to His Majesty.' 26. 3 March, 168f. Colonel Coney was directed to send over a list of persons fit to serve as members of the Council there, and meantime to make provisional appoint- ments. 27. 14 May, 1685 (1 Jac. II.) A letter in accordance with the recommendations of the Council in February was addressed to Col. Coney. 28. Letter from Col. Cony to the Committee. Bermudas als Sorrier Islands June y^ 4"' 1685. My Lords, (1)1 humbly certify to your Lo"^ that by Capt John Bee Commander of the Bermuda-Magazine I rec* the great honor of His late Ma'^'° Eoyal Letters and Commission to bee Grov'^ of these His Ma''"° Islands. According to my Instructions in His Maf'^ letters I have seized vpon all the great Guns for His Ma'^'' vse. As to the small Arms they are in the hands of the Militia, vntil they can provide their own, the which I am apt to beleeve they will not for they have in part declared as much. As to the Slaves which I had in my Possession at my first coming to this Country, they still remain in my custody. But as to the Colonys Slaves born in privat mens houses of their females, when let out for term of years, noe man will well part with them. And these are the positive words of His Ma'^^'^ Council here, If His Ma'^ will have them, let him take his course at Law ; they were born in our houses and Wee will keep them. Now, my Lords, the people have a custom here among themselves that if one Neighbor's Slave marrieth with another ' Colonel Coney to the Committee of Trade and Plantations, April 1, 1686. * Colonial Entry Book,' vol. cviii. p. 274. N N 2 'S48 FRAUDS PKACTISED BY SHIPPERS. .'GHAP. Neiglibor's Slave, the children are to bee divided betwixt them. XVTTT , • - But that this custom should extend to the Colonys Slaves in .1683-1687. my opinion was a great injury to the former Grovernment and is now to His Ma'^ : for I verily beleeve the Company had in this nature to the value of four or five hundred pounds if they could bee fully discovered. (2) As to the Customs on Tobacco they are soe farr from being willing to pay it, that they privatly convey it in their own bottoms to other parts, as New England, Barbados &c pre- tending that from those parts it shall bee transported for Old England And if it must pay Custom (say the people) let it pay there. And the better to palliate the discovery they stow it in Cask lined with ffish. By Capt Phipps Commander of the Eose frigat I have sent one baril of the two (the Searcher found) for demonstration of their ingenuity. But none of this Tobacco at the long run comes to the King's Custom-house in London or elsewhere, but from the abovenamed Ports in the night handed into other Bottoms and transported into divers forreign Coun- trys. As yet vntil I can call an Assembly, the which I forbear to doe vntil my further Instructions come, I only desire them to bring their Vessels vnder my command, and make a due Entry of what they ship off and import, in the Secretarys Officfe that hereafter Custom may bee paid for them : but they refuse to come vnder my Command to bee searched, saying it is an oppression to the subject. And those few that doe come vnder my Command when 6, or 7 leagues at Sea, they lye off vntil great Boats come and bring the Tobacco to them. ' This was their frequent defrauds in the Companys time. By report these Islands annualy make betwixt four and five thousand weight. (3) As touching the King's Lands, I have several times moved y^ Council forthwith to give mee an account, viz, a par- ticular account of those lands ; the present Tenants names ; on what pretence they hold them and their due value ; what may bee the perquisits of the Provost Marshal, and out of what they arise, likewise of other Officers that His Ma''' may know whether their perquisits bee sufiicient for their places, which if they bee, then if His Ma'^ soe please the Lands they now hold by their places may bee imployed to some other publick vse to ease the Country, repairing the Castle and Forts, build- ing fforts where necessary, providing Ammunition &c to secure the Country from privat or publick Enemys, which, beleeve it my Lords, is very needfull and to make it again to flourish ; for their long contentions have brought it into a declining condition. Here is about thirty Sail of trading vessels and their Owners are wealthy and the most contentious yet pretend DEEPLY-ROOTED, DEMOCRATIC IDEAS: bid povexty, ever thwarting Grovernment and enslaving tbe meaner chap. sort of people who would gladly live vnder Government. Timber . ^^'"- . is wholy destroy'd what with building Vessels and then selling 1683-1687. them to Forreigners, with other sort of Wooden wares. And when I prohibit it then they cry out, What are you sent hither to enslave vs ? Wee are free-born-people, our Lands are our own, and wee will doe with our own what wee please. And if wee doe notjike of the King's Government wee can desert the Country and live better elsewhere. The Comp" was a Comp" of Rascals and thought to have brought vs vnder their Coinand,. but now wee find wee are in a way to bee perfectly enslaved and ruined. This is their frequent discourse to mee, for they esteem all Government to bee Slavery but what is of their own establishing, and are now aiming to choose one Thomas Richards, to bee their Governor. (4) Here hath been killed this year about fourteen Whales. I have often moved the Sherif to give mee an account what Oyle is made, but noe acco' given mee. The people here are soe near allyed, they will not disturb each other in any matter that concerns His Ma'*' Interest. A large Whale is worth £80 all charges born. By this yom* Lo"^ may judge, how considerable that Royalty is. The people claims it as their property belong- ing to their purchased lands. (5) My Lords, I am much wanting of Powder and round shot for the Castle and Forts, insomuch that I was forced to desire Capt Phipps to spare mee what hee could, which was but one baril and 50 round shot, for which hee hath a Receipt. I have mounted 1 8 great Guns which, for many years, have layn in dirt & vnder water, and the cleaning of them, with other vnavoidable contingences, hath caused the expence of Powder, likewise the frequent false allarms I have given mee by the Inhabitants without cause or knowledge of the persons that raise them. I have expended betwixt fourteen and fifteen pounds ready money in mounting the aforesaid Guns, but the Country denys to reimburse mee, most of them affirming, since it was not done by their consents, they will not repay one peny. I am certain they are now in a fit posture to serve His Ma''' in the defence of this his Country. Although M"^ Bish and M' Samuel Trott did dayly affirm to my self and the Workmen that it was Treason to mount the Guns or raise any Fortifications, which made all the Workmen to desist, and y° intended platforms lye half finished. It would have been a strong defence to y® town of S' George's in case an enemy had passed the two Forts, which are but a mile distant from the Town, (6) My Lords I have presumed to send home the said M'^ Bishj it is likewise his own desire, Hee hath been a great 550 DANGER FROM PIRATICAL INVADERS. CHAP. Incendiary in this Country and still is notwithstandine His Majesty's Commission, Should hee continue here, it would hee 1683-1687. impossible to keep quiet. From the first day of his landing hee hath made such disturbances that I can safely affirm I hare not enjoyed two days of repose to this instant. I have, with much trouble, kept him in prison several months and moved to it both by my Council and many of the Countiy, yet hee hath been aa frequently resorted vnto by my Council and the Coun- try even those that have evidenced against him as when at liberty. (7) The people have seized vpon a small French Vessel that came vpon the Eockg, brought her into Harbor, took away her goods, would not permit her to come vnder my Command, but permitted her Seamen to range our Chanels ; disarmed the Soldiers I sent to bring her vnder my Command, and lastly piloted her out to Sea to steer what course shee pleased. Shee left one Frenchman on shore whom I have sent to England by Capt Phipps in order to his examination before your Lo"'. The man tells mee hee is fearful to confess the truth here, least the Inhabitants should do him injury. Likewise with him those papers concerned. I conceive Capt Phipps expects to be paid for his passage. (8) Here lately arrived one Capt Henly a Privateer in a Dutch Bottom and, as it is reported, landed about three or four thousand pounds of Dutch Goods. Hee was piloted into harbor by one Zacharia Burrows, but the Coxmtry would not permit his Ship to come vnder my comand, yet Henly I did lay hold on and Imprisoned, but the Country forced mee to let him at liberty ; nay even my Council and the Captains of y* Militia all protesting they would bring y° Vessel vnder my Command, yet would not; but after they had bought her goods they victualed her and sent her away, notwithstanding my Pilot was on bord her to bring her down to mee. Neither would the Sherif lay his Broad Arrow vpon the goods that hee landed that an account might bee given to His Ma*^ in case the Dutch should redemand them. Since I am informed that the said Henly is proclaimed Pirat at Jamaica and one Goffe his companion in New England. This Henly had his Commission from Coll Lilborn Gov'' of Providence, a copie of which is enclosed. Capt Phipps will give yo"" Lo"^ a full relation. To make this Country the refuge of Pirats is the intention of the people. Two more of these Pirats I dayly expect by the relation of Henly to mee when hee came before mee, and dayly dread the taking or plun- dering of the Country, for none here love their Arms or will oppose any but Government. (9) The discontented party at his Ma"'' Commission are THE REPUBLICAN PARTY. 55l Old William Righton, W"" Peniston, Richard Stafford, George chap. Bascom, Tho: Owterbridge, Tho: Richards, besides those that . ^^^^^- -, lurk silently ; for all expected that after the Company was dis- 1C83-1687. solved his Ma'^ would have left them to their own Election of Grovernor & G-overnm'. My Lords, according to my Instruc- tions, in my last pacquet by way of Barbados, I have to the best of my power performed the Solemnitys and ceremonys due to that mournful occasion, and joyfully of His Ma*"'* Peaceable Accession to the Crown, I most humbly and in all duty acknow- ledge the great honor His Ma'*' is most graciously pleased to shew mee in continuing his late Ma'^'* Commission to mee. I pray God preserve his Ma'^ in a long and prosperous Reign, and enable mee to doe His Ma'^ all loyal and faithfuU Service, the w"". My Lords, be pleased to beleeve I shall ever endeavor. (10) I received in my last packet a letter with his Super- scription, To the first Clergyman in Bermudas, By the Seal I suppose it came from my Lord Bishop of London. I have tendered this letter to the Clergy, as yet none of them will receive it. One old W™ Reighton said it belong'd to him for bee was the first Teacher in Bermudas, the letter is still by mee. None of His Majesty's Affairs here move forward; Many Articles I suppose sent to your Lo''* against mee, continualy quarrelling with mee, dayly in danger of my life ; yet I have not wronged any man of a farthing. Bribes I never took, tho Henly and the Country offered mee some hundreds of pounds, asking mee if a good summ of money would doe mee any harm. The offence they take against mee is because I comply with my Duty, stand for His Majesty's Interest and not connive at de- frauds. They say they must and will bee heard of his- Ma'^, and hee must doe them Justice according to his Sacred Oath at his Coronation. Likewise his Privy Council as they are bound to doe. In this manner time is consumed, nothing done but Rayling against my Commission and Government, Contrary to my Commission, whom they please must sitt in Council with mee, and this from the Council themselves who would impose Oaths vpon mee, but what those Oaths are I know not. They would keep my Forts without Commission from mee. The Magazine they would command. I must not imprison any man without the consent of my Council. And it is they that are to govern, and my self to subscribe to what they shall Order. All would live vpon the Publick Lands, but neither pay for them nor doe any Duty at y* Town or Forts. (11) Much discontent among the Clergy that His Ma''' hath not confirmed them in their Lands and forty pounds per annum ; likewise at variance among themselves who hath been the cause of it. M' Bond and M"" Vaughan are much blamed. 552 bishe's charges against coney, CHAP. (12) My Lords, by all opportunities I shall not fail to ^_Z^iL^ inform yo"^ Lo"^ of y* deport' of these people to Grovernment, "^^-^®*^- My Lords, I am in all duty. Your Lo"" most humble most obedient servant EicHARD Cony. 29. At the Committee of Trade and Plantations, 25 July, 1685. (1) Captain Phips commander of His Majesty's ifrigat the Eose attending with M' Henry Bish sent home in custody with one Sarah Oxford on board the Eose ffrigat from the Bermudas by a warrant from Colonel Coney It is ordered that M' Bish give Bail before one of His Ma*"' Judges for his ap- pearance. (2) 26 August 1685 Mistress Coney and M' Bish attended and both parties were heard. (3) 9 September 1684 M' Bish M" Coney and Sarah Ox- ford attending are called in, and several papers and depositions transmitted by Colonel Coney read. (4) Bish meanwhile was not idle but on the 27 Septem* 1 685 exhibited articles against Coney. 1. In taking illegal Fees for Sea briefs & other things. 2. Permitting Langham the Interloper to bring in negros and taking a present from him. 3. Wrongfully seizing 2 slaves one of them Milbomes. 4. Illegally issuing Liquor licences. 6. He killed a poor widdows fowls .... he killed a poor widdows Hog without cause He imprisoned a poor woman because her Hog eat his pumpkin. 6. He committed Tho. Burrows and released him for half a crown. 7. Illegal arrests, and taking ten shillings to release one Argent. 8. He compelled Householders and widdows to work on the Fortifications. 9. He caused the Guns to be fired at a small sloop which went but cross the Harbor, and made the master pay 1 5s. 10. Levying money to mount Guns before he had re- ceived the kings commission. 11. Assuming the title of ' Excellency.' 12. Severe proceedings against salvors of a French ketch. 13. He causes the Sword, with the Companies Arms, to be carried before him after he received the kings commission. coney's report, no. 2, TO THE PRIVY COUNCIL. 653' 14. He discourages the old cavaliers, and favors such as ^vra* fought against the king ■ r— 1.5. He assumes Ecclesiastical Jurisdiction as to granting 1683-1687. Probates of Wills, administrations, and Licences to marry. Obliging Midwives to take Oaths, and School- masters to take Licences. (5) These charges are answered with vigour by Mistress Coney, who appears to have remained in England to defend her husband's interest in the matter of the French ketch. She declares it was a French Pirate, The Grovernor sent to seize the ship, but the Inhabitants beat off the Soldiers, carried off the goods, and sent the ship away. (6) Their Lordships in reporting on the subject found Colonel Coney faulty in the directions he gave to the Com- mander of the vessel that brought Bish and Sarah Oxford over and directed their discharge from bail. Upon the whole matter they humbly represented the great Disorder the Government of Bermuda was in, which required signification of His Majesty's pleasure for the settlement of it, but apparently dismiss the complaint. (7) Upon a further hearing of Colonel Coney's Agent and Bish 27 Oct. 1685 The Lords agreed to report their opinion that His Ma"' would be pleased to name another to be Grovernor of those Islands, which however they so far qualified on 16 January as to offer their opinion that he might continue in the Grovern' vntil further orders. There are long depositions recorded in Bermuda re- lating to many of these charges. Coney was furnished with a copy of them, vid Barbadoes, in October, 1685, and his reply will be found in a letter dated 3rd Jan- uary, 168f.i 30. Colonel Coney to the Lords of the Council, No. 2. Bermudas als Somers Islands October the 8' 1685. My Lords, (1) Since the departure for England of Capt Phipps Com- mander of the Eose ffrigat I have given yo'' Lo"* an acco'' of the transactions in these Islands by several opportunitys. As by the way of Barbados, Jamaica, New England, but much fear they have not come to yo"^ Lo"" hands, by reason I sent them by Inhabitants of this Country to bee conveyed from these parts to 1 ' Colonial Papers,' vol. cviii. p. 209, and vol. xvii. p. 185 ; and see p. 560. 554 SEDITIOUS PROCEEDINGS. CHAP, yo'' Lo" and th6 I have vsed all imaginable care, yet find my . / ■ letters have miscarried. 1683-1687. This Country, my Lords, hath a long time stood in a totter- ing condition and now is near fal'n to ruin by y* dayly designs of y" old discontented party, as W" Eighton, Samuel Trot, Eich'* Stafford, W" Peniston, Anthony White &c who are soe enraged that His Ma"' hath not left y^ Country to their Go- vernm' that they not only slight His late Ma'^'' Coiiiission, but disown any power I now have here, affirming my Commission is invalid, though confirmed hj His Majesty's Proclamation in these Islands. Insomuch that they say, there is noe Gov"", therefore noe Law, euery man may doe what hee pleaseth. My Warr'^ are disobeyed ; prisoners break out of prison in meer contempt Drumms beat vp by Capt Anthony Wite to assemble the Country to draw vp Articles against mee, and when assem- bled Eichard Stafford propounded to them that there was two men in the Country either of them that would serve the Country as Grov' without putting the People to a peny charge. But the great number then assembled did not approve of his proposition, well knowing that hee aimed at the G-overnment himself and had done several years, soe durst not trust him with that charge. Next they fell to drawing up these enclosed Articles against mee ; they being finished, their next business was to get Subscribers, for many of that Assembly, when they had con- sidered y® Aries, deserted their company ; the number assembled was about 70 ; or 80 persons. Then Sam : Trott and Joseph Milborn (brother to W"" Milborn the fifth-Monarchist) rid about y^ Country to get Subscribers, but to very few would let bee seen what they were or had subscribed to, only saying it was something for the good of the Country and, according to their custom against the late Comp% they quickly got hands enough, saying surely His Ma'^ will give credit to soe many men before one G-overnor. Wee know hee loves a Bermudian' at his heart witness his breaking (for soe they term it) the Comp\ Their next diligence was to raise^mony for M'' Sam: Trott & W"" Peniston's charges to England with these Articles and to soUicit for a new Gov"", being confident that one M"^ Burghil and M' John Tucker would assist them. I verily beleeve M' John Tucker would scorn to own them & that their arrears to M"" Burghil should bee paid. As they had procured a great number of hands to a petition and Articles against mee ; so a great number of Subscribers to the summ of mony to be raised to carry on the work (for soe they are pleased to call it) the summ demanded was five hundred pounds, that being thought too much they requested M'' Trott to accept of less, the which hee 1683-1687. HOW THE CONSPIRATORS FAILED. 555 was willing to doe rather than the Cause should fall, but posi- tively told them hee would not abate them one single groat of Three hundred pounds ; for vnder that summ hee could not put himself in an equipage to appear at Court, for hee must have every day a new suit. At the day appointed for the receiving of this three hundred pounds the Company met and fell at variance among them- selves, some disputing M'' Trott's honesty as not to bee intrusted with such a summ ; others affirming that what hee wanted of honesty hee would make vp by his industry, for all knew him several years to bee an active person and fitt to carry on a design. In th'end they concluded to send him without W™ Peniston. They had subscribed to five pounds a man, but when the business came to a Deposit of mony, they fell from five pound to five shillings a man. Whereupon one of the Comp" told them he would not contribute a farthing toward such an idle errand, whereupon every man departed to his house for a further consideration. Since, Eichard Stafford, finding the liberal contrivers to grow cold when it came to the matter of mony, at another meeting, generously told them hee would bee at the charges himself ; for hee knew that for Twenty pounds M"" John Tucker would not only deliver their Petition and Articles, but likewise endeavor that a new Grov"' may bee sent them ; and out of his own pocket freely profered five shillings to the Secretary to write a fair copie of y° Articles and subscribe to them. Hee replyd hee had refused M"' Trott and W" Peniston and would not meddle farther than what concernd him. These Articles they never shewd mee that I might make defence for my self; soe that the inclosed was privatly procur'd mee by a friend ; and God willing I shall reply to every one of them by Capt Bee Comander of the Magazine Ship, whom I much fear they will not load out of malice to the late Comp" to whom they are much indebted, and that they may find opportunity to convey their Tobacco privatly, thereby to defraud His Ma'^ of his Customs, the which they frequently doe, though I take all the care I can to prevent it. By the Judgment of several persons at least one hundred thousand weight hath privatly been transported to Barbados and other parts this Spring and then stowd aboard Ships bound for several Countrys, the which was ever their old Trade and now are vnwilling to bee deprived of it. Not any Officer, Counselor or other person that appears for Grovernment, but are threatened and in danger of their lives as well as myself and my servants frequently beaten. But few will bring their vessels vnder my command to bee searched and 556 ANARCHY m THE COUNCIL. CHAP, those that doe, when five or six leagues at sea, lye ofi' for the V ^_L. Country boats to bring them Tobacco. 1683-1687. (2) Of the twelve Counselors I have chosen since his late Ma'"'' Commission there is but four of them that have any regard to His Ma'"'" Interest : and those four are afraid to speak their minds freely for offending the rest, or to bee seen with mee about any Publick affair, neither can they devise mee what others to choos. Capt. Keele and Capt. Bascom Commanders of two fforts in the Comp*'" time for which they enjoyed two shares of Land. Since my Commission from His late Ma'" they never would receive Commission from mee but tell mee they will command them by virtue of the company's Comission, They live not at the fforts as they should to look after their duty, nor never did, but 15 or 16 miles from them, seldom visit- ing them but reaping the benefit. Insomuch that at all hours in the night shipps have past betwixt the two Forts and anchored within a stonescast of my chamber window. Thus may an enemy surprize vs as Providence was twice the last year and likewise two months since. The said Keel and Bascom were of the Council, and to my face affirm they will bee of the Council & have as much power to bee of the Council as my self, notwithstanding my Commission. One Lee another of the Council joyns with these mal-contents, likewise all y^ Council excepting four. At this Lee's house and Anthony White's they frequently met and still doe meet. When I enquire of y° Council after His Majesty's Slaves and Crown Lands they will not endure to hear it ; but tell mee I must first take an Oath, but what the Oath is I know not, nor whom here hath power to give mee an Oath. The Oath of Supremacy and Allegiance of my self I first took before the Goimcil as an ensample to the Eest, but several of them refused it ; their reason they said was, because I refused to take an Oath from them. (3) About ten days since I imprisoned a Constable duly elected by his parish for refusing to doe his Office or longer to serve, and comparing Justice Tucker (who likewise is one of the Council) to a Hogg and a Negro. Several of the Country came down to the prison and carried off the prisoner. When any of His Ma*"'' subjects turn to these Islands they are grosly affronted and abused, endeavoring what they can to seduce their men from them to serve them in their own voyages and disenable the others. M'" Bond and M"" Vaughan are much disgusted that their two shares of land each of them are taken from them, and y" £40 p ann formerly teach of them allowed by y° Comp. These two Ministers doe ill offices in y' Country M"" Vaughan at my first coming into this Country profest, himself of the THE SHERIFF AN OPPONENT. 557 Church of England & as hee told mee went into Engl'' to take chap. Orders : but M' Bond over-ruled him, and now both of them ,_5Z^H:_ Enemys to the Church of EngP & to Governm', which gives the 1683-1687. Quakers occasion to call them Hirelings. (4) The Dep'^ Sherif Capt. Hubbard takes upon him to dis- pose of the Crown lands how & to whom hee pleaseth, nay even to dispossess old Tenants, & whom I had lately placed therein, with good security for the rest, notwithstanding His late Ma'*"' command to mee under his Eoyal Hand & Seal, wherein I am to take possession & render His Ma'^ an acco', y" which hee saith hee will doe by vertue of his Commission. I know hee foUoweth the advice of Eichard Stafford and his Son in law M"" Vaughan, without those hee will not act any thing. As hee is Provost Marshal I direct my Warrants to him. Mine hee lays aside & sends his own Warrants even to coinand y° Justice & others to appear before him. Hee likewise takes vpon him to be Treasurer & writes positive order that publick mony bee paid into him ; And for former monys hee collected in the Cornp*' time hee never would come to a just acco', to y" great disgust of y" Inhabitants. What ready mony hee then received hee kept to 'himself & put off y" Soldiers at y' Castle with his own vn- vendable Tobacco & at his own rates & contingent expences still vnpaid ; soe that noe man will stirr about any Publick occasion such as Boatmen, Armorer, Carpenters &c if they bee ordered to receive their pay of the sheriff. (5) Since my coming into this Country I have disbursed near twenty pounds ready money for mounting of Gruns for the defence of the Town where is the Magazines & Eecords, & for Tarr for the Castle-Guns & their Carriages ; likewise for y" fforts, yet much is wanting as to Eepares &c, for many years they have been neglected and would have fallen to ruin, had I not taken a little care, but far short of what I would have done had not the Country rudely opposed mee, M"' Bish & M"" Sam : Trott declaring it to bee Treason for any man to assist mee either in Mounting Guns, repairing, or fortifying, yet all out of my own purse, noe tax laid vpon the Country ; nor doe I doubt but His Ma'^ will see mee re-imburst, I know the Country will not, they have declared as much, saying, let them that imployd mee reimburse mee ; their Country stands in noe need of Guns, it is fortified by Eocks, and God hath preserved it these 80 years. I was vnwilling the Country should bee surprized, having Guns, tho under dirt and water. I conceived it to bee my duty to doe my vtmost towards the preservation of His Ma'^'° Colony. (6) Powder & Shot for the Great Guns both at Castle, Town, & fforts I much want ; Shot from 5 prs. to 8 prs. ; from 8 prs. to 12 prs. There is not a peny stock to buy nor likely to bee at 558 THE COUNTRY ILL ARMED. CHAP, the rate -f Country drives at. Both Slaves & Crown-lands lye AViii. concealed, nor will the Council or people endure to hear y" men- 1683-1687. tion of enquiring into them. I heartily wish His Ma'' would please to send over some able Lawyer to sit as Judge &• two more to plead the Country's Causes. They may doe great service to His Ma'y & the Country. (7) There is but a small number of small Arms in the Country and most of them vnfixt. The Comp* furnisht them sufiBciently, but some they have sold to other Colonys, and others converted into pestles to beat their Corn. The Militia will not furnish themselves either with arms or Ammunition. They tell mee the King ought to furnish them, for they have not mony to buy, yet these are landed men, rich both in purse & shipping. (8) I humbly conceive that a special Order from his Ma''' that noe vessel shall presume to load or vnload but in St. George's Harbor which is before my door & at y^ Muzzle of my late planted guns, will much prevent their privat transporting Tobacco : for then my eye sees what passeth. If they load & vnload in the Castle-harbor or elsewhere, they are out of my sight or command. (9) My Lords I humbly offer to your Lo^S if His Ma" soe pleaseth, that both Dep" Sheriff, Dep'' Marshal & Dep'' Sec'' may bee Englishmen purposely sent out of EngP and such as both know & will doe their Duty : for English Officers here are one and the same with y^ Inhabitants, having married into their ffamilys. They may' live well by their places. (10) I humbly desire to know whether His Ma" will please to allow y' Land & number of Slaves to y^ Dep*' Sheriff, Dep" Seer', & Dep" Provost Marshal that the late Comp* did, w""" is two shares to each OfiScer. The number of Slaves to each I think is six a peece. The Deputy Sheriff, as I am informd hath several. His son in law M' Vaughan hath three, the which hee keeps and will keep, because hee preach eth : but will not conform to the Church of England. I meddle not with any person con- cerning Eeligion, nor ever did, I have noe Orders for it. (11) My Lords, I humbly offer, that if every Freeholder (as they term themselves) both in Town and Country doe pay a small quit-rent, according to the proportion they hold, it may bee one means to reduce them to obedience. What Slaves I can possibly get that belong to His Ma", if sold would help to reimburse the £828 His Ma*' stands engaged for the late Comp'''^ Debts ; vnless sold, I know not what Service they can doe His Ma", saving a reasonable number for the vse of the succeeding Governors, if His Ma'*' shall please to allow them any. (12) As yet I have not heard from the late Comp' The late DECAI OF PUBLIC BUILDINGS. '559 Secr^^ have let fall to ruin the house in the Town that belongs to j" Secretarys to live in ; soe that y^ present Seer'' lives near twenty miles from mee which causeth that many times his duty 1683-1687. lyeth vpon mee, or the Country business must bee neglected. My Lords, I humbly conceive it reason that the late Secr>''° should repair y" said house, and not His Ma*'' ; for they have made that Office considerable to them. Without order from His Ma"' they will not do it. The House I dwell in is falling down ever since I came to this Country, at every great storm my self & ffamily are forc't to take refuge at some Neighbor's house, and at every ordinary rain to fly from room to room for shelter. The Prison is much out of Eepair, likewise the Court of Gruard-Sessions- house where the Magazine and Records are kept, Castle and Forts. The Country saith let them that own them, repair them. (13) Lieutenant Jones Lieutenant of His Ma''''^ Castle, and Captain Brangman Capt of one of the fForts, have faithfully stood by His Majestys Interest & Governm' & still doe w"" much aws the Country's Insolency ; they are of the Council and have taken their Commissions fi;om mee. Keel and Bascom refused, altho I went to their fforts to deliver them Commissions vpoa the receipt of my own Commission.- I hope His Ma''' will graciously please to continue the two former Commanders in their Command, if they fail not of their Duty. (14) My Lords, I am much indisposed by the Colds I take in an vnhabitable house, and my indisposition augmented by the frequent affronts and abuses given mee by the Sheriff, Mr. Vaughan Minister of the parish, W" PenistoD & the rest of that fiaction, that I enjoy not one moment of quiet. They tell mee I might live at ease among them, would I bee ruled by them, which if I should, I must wholy decline His Ma'^'^ Interest, which by Grod's help I never will. I humbly beseech your Lo"' to pardon my not enlarging at present, tho every day creates new matter, and permit mee to subscribe, as bound in duty, My Lords, Yo' Lo^° most humble, gratefull & obedient Servant Eicn° Cost. October 8, 1685. This Pacquet cometh by Capt Potter Coinand' of y^ Pink John & Samuel. 1683-1687. 560 A FUETHEK REPORT FROM COKEY, NO. 3. CHAP. 31. The latter part of a letter to y^ Committee from Coll Coney ; The former part being a Duplicat of one from him dated the S'"" of Oct. 1685. Bermudas als Sufner Islands January y« 3'* 168|. E' Hon*'' (1) Octob'' last y' Dept^ Sheriff came to mee bringing with him M"" Peniston, Copeland Lea, Greo : Bascom, W" Keel, Law- rence Dill & Tho : Outer bridge, to pmit y" country to send their Tobacco to Barbados or elsewhere to buy Arms & Ammunition for y" Militia to defend the Country, for they had not mony wherewith to buy : And y' in the meantime I would furnish them out of the Magazine altho they had privatly supplyed themselves from Barbados or Jamaica. Then the Sheriff & y° rest of them demanded of mee y° key of the Magazine & y' great guns before my door, saying they were bought with the coun- treys mony & belongd not to mee nor any but themselves. I doe assure yo'' Lop° y^ country did not buy them, nor have any right to them, they belonging to shipwrecks many years since. Then y® Sheriff & y° rest afElrmed y' y" trust of y° Magazine was in himself & not in mee. Next hee declared that the trust of Treasurer was likewise in himself, & that I ought not to choos any for that Office, whereupon hee produced a paper & read it; saying, by vertue of y' paper & his Coinission, hee was impowred to dispose of y" Crown-lands & of all His Ma'^'^ concerns here, as Magazins or Eevenues. After several con- tests, hee and the rest of the Company departed. About two hours afcer all of them, except y* Sherif, returnd. What past betwixt them & my self is here inclosed. It hapned to bee at that Juncture of time when news was brought to Bermudas of a great Army y" Duke of Monmouth & y* Earl of Argile had raised against His Ma'^ & y' his Ma'^'^ fforces were defeated. Strange whispering went about y° Country, as that Now was the time, or never ; The Eight of the Crown was in the Duke of Monmouth ; and that hee was noe Papist ; that y* Protestant Eeligion now profest in England was Popery ; and that the Pope was the Whore of Babilon and drunk with the bloud of j" Saints. With much more & such like stuff. Soe that I dispatcht strict orders to all y" Officers & Magistrats to keep a strict guard least there should bee a Eising : for in Cromwell's time they were at that Game, & one of y" principal was Eichard Stafford. (2) The Sherif Bascom & Lea disposed of two shares of Crown-land to M' ffowls an Independant-Minister & Mr. HIS TROUBLES WITH THE MINISTERS. 561 Vaughan for their preaching, but I have ordered y'' contrary ; chap. that my orders at present will bee obeyed I much question. As .3^l^^S^ the Sherif is related to many in y'' Island, soe his privat 1683-1687. freinds, & at his freindly rates shall bee saved, still himself a privat Gainer. (3) M"' Bond is a secret enemy to the quiet of this country ; What to doe with him I know not ; in vain to imprison him, hee hath the turbulent spirits of the Country for his freinds. I dayly wish for further Orders from His Ma'? & hope for a Eedress. In y* mean time I am constrained to be passive, least a meeting in y^ country. Doubtless they intended to have seized the fforts & great guns in -f Town and y° Magazine, had not sudden news came of y° Duke & Earl's Imprisonment. And I am of belief that M' Bond & M"" Vaughan had some fore- knowledge of these late troubles in England, which made them not conform but hope for better advantages. When I landed here, M' Vaughan profest himself of the Church of England to mee & accordingly read Divine Service. Before I came hee did not; but told mee his conscience pswaded him to conform & desired mee to encourage his Reading the Common Prayer. Hee would not give the Sacrament by reason hee was not in Holy Orders, & told mee his only motive for England was to take Orders, then presently would say if hee could not live by the Ministry, hee would turn Merchant. (4) I receiv'd a letter directed to y° first Clergyman in Bermudas ; by y° seal I suppose it came from my Lord B" of London ; none would receive it except old W" Eighton, for- merly a Preacher here, now turnd Lawyer, a Tayler by trade & a long time serv* to Hugh Peters. He would have open'd it saying it belongd only to him, but I would not pmit him. Our Parish when M"^ Vaughan returned from England did expect hee should have read y° Common Prayer and adminis- tered y° Sacrament for the Lord's Supper ; few in y° Island know what it is, more than by relation of aged People who formerly lived in Engp, and not to have flung of his Canonical Grown, & after a Chapter read by a silly Clerk & a Psalm sung, soe irreverently to step into the Pulpit. The Parish is soe much troubled at it that few or none will contribute their benevo- lence towards his support, y° w* hee did expect would have far exceeded his two shares of land & £40 p ari allowed him by y° late Comp* : soe great an influence had M' Bond over him when in England, but before hee went with him for England they were vtter enemys. (5) Neither y^ Sherif nor Country will give mee any account of y° Crown-Lands, Whalefishing or His Ma'^'^ slaves, but en- deavor what they can to conceal them from mee & to obstruct VOL. 11. O 562 A PKIVATBEE FROM JAMAICA, CHAP. y° settlem' of y* Country, but would live in their accustomed XYlii. ^a,y of disorder, confusion & cheating ; the rich thereby im- 1683-1687. poverishing the meaner sort & making a prey of them, (6) About six weeks since came into S' George's harbor Capt Bartholomew Sharp vnder a Commission granted him by Sir W Stapleton. They brought in noe Prize ; some Indians they had on board y^ which they proferd to sale to supply their wants, for they were poor. Hee carrys ten guns & eight pedreros, one hundred men, (7) I could not pswade y* Inhabitants to send their humble address to His Ma*^ after I had told them their errors in what they had drawn vp & would have had mee subscribed to it : yet some of my Council beleeve they have set one with y® Pet" & Art'*' ag^' mee. Eichard Stafford told mee I ought to give copies of my Commission & said it is a Patent, therefore ought to bee publickly exposed that every man might take a copie, for y° word Patent signified to bee laid open, & that it signified noe more than a letter of Attorney, the Doner dying before it came to y® Attorneys hands, I suspect M' Bond to bee the first author of this point in law, for hee affirms that his £1000 bond is void. Thus are they nibling at my Commission as they were at the late Companys Patent. Some of the Justices in publique Court demanded of mee by what authority I called a Court or sate there. As Greo Bascom, Law Dill &c. (8) I humbly request that Capt Bee Commander of the Magazin may be calld before yo"^ Lo"' to declare how y° In- habitants have deported themselves during his 9 months stay in this Country. Again I have been importuned for Powder out of the Magazin by way of pet" which is here inclosed. Powder there is in y^ country to sell but they will not buy, but expect His Ma*^ to provide it for them, and yet vse all inventions to defraud his Customs & none encourages them more than y° Dep*^ Sherif, what their design is I know not, vnless to wast y* store, that Castle and fforts may bee vnfurnished. I well know that two pound of Powder is more than a competent stock for a Militia-Soldier's exercise for one year, nay if the Island was attackt it would bee either kept or lost before that quantity by each soldier was fired. And ever since my Commission came, which was y° 3 of April last, at y^ heads of y® Companys I told them y' now they were to provide for themselves as all Militia's are, both Domestique & fforeign. My Lords they want not money, nor opportunity to buy it. (9) M' Vaughan proceeds in preparing the land to plant hee held of the late Comp* for preaching & will keep it in his hands in y° nature of a Morgage vntil His Ma's" hath paid him what y" Comp* is in Arrears to him. DANGER OF A REBELLION. 563 (10) Part of this letter my Lords I humbly sent to your chap. Lo"' by one Christopher Potter Ma'' of y« Pink John &.,Samuel. xviil. This Potter when hee was got out of y^ harbor about a league 1683-1687. at sea & near vnto sunset took vp 2 of my houshold slaves with their boat, they being a fishing, & stript them for y^ service of his voyage, y® one of them is a mulatto, by name James Penny, a tall, strong set fellow about twenty years of age, y® other a Negro by name John Cawker of ^ middle stature about twenty four years, both of them speak natural English, being born in y° Island. I humbly beseech your Lo''= this Potter may bee enquired, after & y° slaves seised on if to bee found ; they are His Majesty's. Now I have none with mee but what are old or not fitt for work, they were the All I could expect labor from in my Plantation. (11) As yet I have not settled any Court of Judicature, I have had enough to doe to keep the Country from Rising in downright Rebellion, nor dare I adventure to call a General Sessions vntil I hear further from His Ma*^ & the country bee at more quiet ; for if I should it would bee to y° great preju- dice of His Ma'^'° Interest, besides many peoples here, who with myself expect noe other than a fallacious Jury. About 2 months since I called a Court to decide a difference between a Ma"" of a vessel & his Merch', both bound for Carolina ; the vessel was half freighted by y° Merch*. I was the more ready to call a court that neither of them might bee hindered of their voyage. The cause went on the Merchant's side, the Ma"", doubting hee should bee cast, by old Righton's instigation, as supposd, dis- ownd the Court. His vessel is seised vpon Execution and him- self imprison'd at the suit of one Capt England ; the Merch' disappointed of his Voyage & forc't to remain here with his cargo, vntil he can get passage for his intended Port. (12) This Ma' whose name is James Smales, presently after his arrival here, hearing that the Duke of Monmouth had defeated His Ma'''^ Army, hoised his Colors Eeverst hee then riding at anchor before my door, which did much animate the Phanatique party here. As old Eighton, W™ Peniston, Rich'' Stafford, Geo Bascom, W™ Keel, and their faction. (13) My Lords y^ country abounds with Inhabitants, here is not land or employment for such a multitude, soe y* y^ country is pestered with theeves and idle psons, I wish they were in Colonys where land is in plenty. I doe humbly offer to yo' Lo^^ if his Ma'^ soe please, that noe man in y° Island keep above y^ number of ten slaves. There is so many of them that they grow danger- ous, & ten slaves will do the work of y° best ffreeholder in y" country. I likewise humbly offer that Capt Bee coinander of the Magazin-ship or some other may bee imployd every year o 2 564 EXTENT OP CONTRABAND CHAP, to transport y" Bermuda-Tobacco for England. It will bee a xrai^ great means to keep j" people from defrauding His Ma*'' of His 1683-1687. Customs ; for now y^ Comp* is dissolvd noe Magazin-ship will bee sent from them, nor doe the Inhabitants desire to have any, that they may have the better pretence privatly to carry off their Tobacco to Neighbouring Colonys & from thence ship it for Holland, Hamborough &c, which hath been and still is their practice, let mee bee never scte careful. Likewise to have a Commission to search for & seize vpon all such smugled Tobacco or prohibited goods, as Timber of the growth of y^ Country either in whole trees, planks or whatever smal ware they may convert it into, for the Timber is destroyed by these ways & building of small Vessels, then selling them to Barbados and other Islands. Likewise impowred to carry off such offenders as the Govern- ment shall judge requisit to bee sent for England & that noe Tobacco may be transported in any other bottom. This Capt John Bee hath been several times imployd by the late Comp'^ & well vnderstands the people. If this my humble offer seems worthy your Lo"^ taking notice, bee pleased to own Capt Bee in the Imploy, I humbly recommend him to your Lo"' for a loyal man, an honest man, & that will not see His Ma ' prejudiced, if in his power to remedy it. (14) Here hath lately been another ffrench vessel stranded, of which the Bermudians have likewise made a Prey & set her on fire for her Iron, one ffrances Dickeson a Blacksmith & one of the Militia is suspected to bee the pson, but as yet I cannot find sufficient evidence against him. The real truth is my Lords, they will not evidence against each other in any publique con- cern; for they are all of them a kin both by Consanguinity and Villany. I have used my best endeavors in this affair, but to little purpose. The principal person in the vessel was Mon^' de Noiiart. Hee intends humbly to apply himself to yo' Lo"^ & hopes for redress. The best account I can give in this business I have inclosed in my letter to the Eight Hon"'® th' Earl of Sunderland. (15) M"^ Vaughan hath threatned some of His Ma'^'^ tenants that hee will buy their houses & land or at least take a long lease, & that it is one of his cheif errants into EngP. The poor men are much perplexed at it. My Lords, the late Com- pany selling the Inhabitants land, was the main ground of their quarrel with the Company : for when they became ffreeholders then they insulted over their Masters, & challenged the Eoyalty of Whale-ffishing. And it is the great aim of the people to buy all the Crown-lands, which if His Majesty should please to sell them, or lease out the Lands, I most humbly conceive it would prove very prejudicial to Government at least wise vntil the Country be brought to a better conformity. Whilst they are PERIODICAL REPORTS CALLED FOR. 565 Tenants at will they may in some measure bee awed, and some chap. Eents will come in to help to fortify (which is most needful) , 5^"^' - with other contingent expenses. I dare not presume to give 1683-1687. your Lo"* the trouble to read a further enlargement. I am, in all duty. My Lords, Your Lo"' most humble most obedient servant ElCHAKD CONT. 3 Jan. 168f 32. Letter from the Privy Council to Colonel Coney, 6th Novem. 1686. To our very Loveing ffriend Eiehard Cony Esqr, L' Grovernor & Cofnander in Cheife of his Ma"''° Islands of y' Bermudas or y^ Sumer Islands in America, and to y® Grov' or Comander in Chiefe for the time being there. (1) After our hearty Commendations unto you. Whereas his Ma"° hath thought fitt to constitute you his Lieft Groverno'' and Commander in Chiefe of his Islands and Plantation of the Ber- mudas or Summer Islands in America, and to appoint a certaine number of persons fitly qualified to be his Councellors within his said Islands and Plantation who may be aiding and assisting to his Ma"^ and his Grovemo' or Commander in Cheife for the time being there, by theire Service and Advice ; and it being altogether requisit for the "Welfare, improvement and preserva- tion of his Ma"^° Collonys in America, that Wee, whom his Ma"® hath appointed a Committee of his privy Councell for Trade and fforreigne plantations, should have frequent Acomts and Informations of the publique Transactions, Occurrences and Condition of each place, where by we may bee the better enabled to give his Ma''° such Advice as may bee for his Eoyal Service and the Advantage of his said Dominions. (2) These are therefore in his Ma"^* Name and by his Ex- pres Comands to signifie his Eoyall pleasure unto you his L' Governo"^ and to the Councill of his said Islands, and to his Governo" and Councill thereof for the time being, that you transmitt unto us quarterly and at ffour severall times in the yeare a perticular Account and Journall of all matters of Im- portance, whether Civill, Ecclesiasticall or Military which shall conceme theise his Ma"®^ said Islands, and more Especially what shall bee proposed, debated or concluded in the Councill and Assembly there uppon the framing and passing of Lawes, As alsoe the present State of the Trade outwards and Inwards, What obstructions you finde in the Cource thereof, with your Opinions and Observations how the State of that Plantation may from time to time be improoved, and what else you shall 566 CHARGES OF TREASON AGAINST CONEY. CHAP. XVIII. judge necessary for Our knowledge and the good Grovernement thereof. Which Accounts and Informations are to bee signed 1683-1687. ijy yQ^ jjjg jy^g^tiea gg^j^ jj. Qovemo' and the Councill, And by the Grovernor and Councill for the time being, and transmitted unto us by the first Oportunity, As allsoe Duplicate thereof by the next Succeedeing Conveyance. And you are likewise to take care that this Letter bee Eegistered in the Councill book of that plantation, To the End that Due Obedience may bee att all times given to this Signification of his Ma"*' pleasure. And soe not doubting of your ready and punctuall Execution hereof, Wee bid you heartily farewell. From the Councell Chamber att Whitehall this 6* day of Nov' 1686. Your loving Friends Jeffkts. C. Middleton. eochestek. sundekland p, The L' Gov and Councill of the Bermudas to transmitt a Quarterly Ace' of Proceedings. 33. (1) Eeference has been made to reports that the Bermudas were sold to the Spaniards. These reports, of which we have traces as early as October, 1684, originated in the Bahamas. Eichard Jennings and Joseph Hall made oath before the Governor and Council, 12 Novem. 1686, ' That they touching at Bahama Islands heard several per- sons say, who were then or had been prisoners, That the Spaniards had bought Bermudas, and that the Spaniards should say they had bought it of the Governor and that when they came here there would not be so much as a stone fired at them, and that they had been informed that y® Governor had called in all the country's arms.' There are other depositions and extracts from letters to the same effect ; and it was thought necessary to give a formal denial to the charge. (2) At a Council Table, 11 Novem. 1686. Whereas it hath been malitiously and scandalously spread abroad and reported in sundry forraigne parts and countreys. That y^ Eight Hon*^^ Eichard Coney G-overnor and Generall in Chief of these his Ma'"' Islands of Bermudas als Soiiier Islands hath purposed to betray, nay and hath sould y" said Islands to the Spaniard, and also called in each p.sons armes whereby y' country is made incapable to defend y* said Island from any invasion or enemies. These are therefore to certifie That we y° chief officers next to y^ said Generall, doe attest and affirme HIS LOYALTY VINDICATED. 567 y' he f said Q-enerall hath no wayes disarmed or rendred incapable of defence, either the Castle, ffortes or Militia, but on y^ contrary hath vigorously endeavoured to fortifie 1683-1687. p''serve and defend y° same to his utmost power and capa- city, in witness whereof we have hereunto sworn and sub- scribed y^ 11th day of novem 1686. John Tucker, Cap' Lieu' to y" Grenerall's Company. Dan" Tucker, Ensigne to y^ Grenerall's Company. Sam" Brangman, Counsellor and Command"^ of Southampton Fort. Dan Seymour, Command' of Pagett's Fort. (3) Not contented with this vindication the Governor cleared himself by oath. The E' Hon*'^ Kichard Coney Grovernor and Grenerall in Chief of these his Ma"^* Soiiier Islands, voluntary, maketh oath before y® Counsell, sundry Justices, Dep^ Sheriff, and other officers as folio weth : That whereas there hath been a malitious report of late raised and spread abroad of his betraying the Island into y" hands of y° Spaniard, He on his oath declares. That he never either directly or indirectly, thought, imagined, contrived or intended any marier of ways or means whatsoever to sell, bargain for, or betray these said Islands to y" Spaniards, or any other people or nacon whatsoever ; but faithfully and loyally to serve his Ma"° at all times, places, and occasions to y'' utmost of his power, skiU, and capacity ; and that he hath been from his first arrivall in these his Ma"*^' Islands and still is, and will continue, ready to sacrifice his life in defence of them, from all manner of invasions or other attempts of any enemy whatosever. The premises were sworne to in y* presence of Cap' ffran Tucker Councell' and Justice, and Coiiiand'' of Smiths Fort M"' John Huching CouncelF and Justice M' Will Pitt CouncelF M"^ Eichard Phillips CouncelF Lieu' Will™ Jones CouncelF and Command' of y^ Kings Castle Capt" Sam" Brangman CounselF and Command of South- ampton fort M' Thomas Outerbridge Justice M' Laurence Dill Justice Captain John Hubbard Dep'' Sher. John Jannete Dep'^ Secr^ ' ' John Janneye took the oaths of secretary in succession to John Tucker, November 3, 1685. The titles of Excellency and Eight Honourable are first given to the Grovernor by him, in an entry of February 9, 168|. 568 CONEY SUPERSEDED . 1683-1687. CHAP. 34. Colonel Eichard Coney resigned his govern- ment to Sir Eobert Kobinson 12 April, 1687, the com- mission of the latter being read as usual in the parish church of St. George's. One of his first acts was to inves- tigate a charge of false imprisonment brought against his predecessor by one James Smales ; petitions were also pre- sented by Captain "W. Keele, and Sybilla, widow of the late Will. Eighton, for reparation for the damage sustained by them in being sent prisoners to England, and by Wm. Greene, Charles Walker, and Will. Pitt for having been made to sign illegal bonds. Coney declined to vindicate himself, and said he would answer the matter to the King his master ; here the Colonial Eecords leave it. 35. It is beyond the purpose of this pubHcation to pursue the history of Bermuda under the Crown, but some notice is due to incidents which lay at the foundation of that history. (1) One of the new Governor's first acts was to relieve a grievance by granting .hcences to several persons to kill whales. ' Captain Will. Peniston for 4, Anthony Joyner and Eichard Philhps for 2, John Janneye and John Dickenson for 2. They referring His Majesty's part to the Governor's courtesy and future pleasure to deter- mine.' (2) Permission was given to the inhabitants to trans- port their tobacco to London. Its then value is inciden- tally mentioned as 14s. a hundred (probably a cwt.) or under 1^^. per lb. (3) The Treaty of Peace concluded 16 Novem., 1686, with Louis XIV. was proclaimed Jan. 3, 1687, and on the 6th June was held the first Assembly under the Crown. It is probably due to nothing else but the indifference of the Secretary of State that an opportunity was now lost of correcting one of the greatest anomalies in the constitu- tion of Bermuda, namely, the disproportionate number of the popular branch of the Legislature. This Assembly on 27 Sept., 1687, passed an Act reducing the number of representatives to two from each parish instead of four; but it lapsed, for want of a formal communication of the Eoyal assent, as did many others in succeeding years. FIEST ASSEMBLY UNDER THE CEOWN. 569 (4) The Assembly sought for guidance of the Governor ^f^{ in Council: ^^^^_ First Whether they may concern themselves with the Publique lands. Answ. That they may imploy for y® present the publique rents towards defraying the publique charges, but not to be a precedent. Second Whether they may appoint a Treasurer for the receipt of money to be raised by the Assembly, as likewise p.sons for the carrying on, and management of the worke upon the ffortifications. Answ. That they may appoint persons for the receipt of money and management of worke, and that one of them be chosen out of the council. Thi/rd Whether they may concern themselves with the Grleabe lands. Answ. That he will not meddle with the gleabe lands at present, intending to be further satisfied concerning them from England. (5) The Assembly passed 25 Acts, several of which were returned to be amended by the Governor and Council sitting as an Upper House of Legislature. Among them was one to estabhsh Courts of Judicature, and on the 12 Septem. Captain Thomas Eichards was commissioned Chief Justice, with five assistants.^ (6) The Assembly expressed itself, through the Speaker, against the estabhshment of two troops of horse, but passed a Militia Act, which included this provision, notwithstand- ing ; also against baptizing of negroes, although the Governor declared that he had shown Captain Peniston (one that came with the Speaker), the clause of his in- structions wherein his Majjesty's command was signified for their being brought over to the Christian faith. 36. We have now followed the development of the Colony of Bermuda, from the infant Plantation of sixty souls in 1612, into the sturdy little community which now exists, to perplex colonial administrators by its anomalous constitution, and its claims to a measiu-e of self-govern- ' The new Court very soon exercised its power, by hanging one John Milton on October 5, for the murder of William Abbit. 570 CONCLUSION. CHAP, ment never before enjoyed under a monarchy by so small ■ — ^_:_ a body of people. The history of the next century is 1683-1687. equally interesting. The benevolent proposal of Bishop Berkeley in 1725 to found a College in Bermuda for the supply of clergy to the Plantations, although fruitless, at- tracted much attention for the moment to the colony. ■ It was revived by Kev. W. C. Dowding so recently as 1853, and a small Trust Fund then raised is still in existence. The colony left to itself developed a great maritime industry, and engrossed much of the carrying trade of the West Indies. So entirely, however, was it neglected, that no gunpowder or warhke stores of any kind were sent out from 1701 to 1738, nor was any ad- dition made to the local militia before 1728, when ' The King's Independent Company' of 50 men was raised. The first Eegiment sent was the 47th, seven companies of which landed from the Bahamas in 1797 ; but we find traces of a Eoyal Garrison Battalion as early as 1779, and of Eoyal ArtiUery in 1783.^ In 1782 the Council still provided guns and gunpowder, and in 1795 the colony possessed a sloop and a gun-boat of its own. Many and singular are the questions which were fought out in this century between Governors and Assem- blies or other local bodies, the last of which reached the Court of Queen's Bench in the cause celehre of Basham V. Lumley so lately as 1829. The reader who is interested in the modern history of Bermuda will find it traced by the late Mr. William Frith Williams, in a volume which has been frequently referred to,^ and also in a work by the late Dr. Godet.^ These, however, are far from ex- hausting the subject, and in retiring himself from the field, the writer cannot but express his hope that some native of the islands will take up the theme where he leaves it, and give to colonial history hereafter a sequel to the present Memorials. ■ St. George's Parish Eecords. The colony provided the 'barraeks. ' ' An Historical and Statistical Account of the Bermudas,' by William Frith Williams., Newby, 1848, 8vo. p. 346. " ' Bermuda, its History, &c.,' by Theodore L. Godet, M.D. Smith & Elder, 1860. [Tofiicep. 570. THE SILVER OAR OF BERMUDA. THIS EMBLEM OP ADMIRALTY JURISDICTION "WAS PROVIDED BY GOVBIiNOR BENNBT, 1701. See Arch(eological Journal, 1873. APPENDIX. I. ADDITIONAL EAKLT NOTICES OP BERMUDA. (1) Raleigh. Sir Walter Ealeigh, in his account of the discovery of ,^^^- Guiana,' 1595, refers very briefly to Bermuda as follows : — The channell of Bahama, comming from the West Indies, can not be passed in the winter, and when it is at its best, it is a peril- lous and a fearefoll place. The rest of the Indies for calmes, and diseases very troublesome, and the Bermudas a hellish sea for thunder, lightning and stormes. This very year (1595) there were senenteen sayle of Spanish shipps lost in the channell of Bahama, and the great Phillip, like to have sunke at the Bermudas was put back to Saint Juan de pnerto rico (p. 96). ' The Discoverie of the Large Eieh and Beavtifnl empyre of Gviana, with a relation of the Great and Golden citie of Manoa -which the Spanyards call El Uorado, and of the Provinces of Emeria, Arromaia, Amapaia and other conntries, ■with their rivers adioyning. Performed in the year 1596 by Sir W. Ealegh Knight, Captaine of Her Majesty's Guard, Lord Warden of the Stanneries, and Her Highnesae Lientenant-General of the County of Cornewall. Imprinted at London by Peter Eobinson, 1596, 4to. pp. 112. 572 APPENDIX I. APP. I. (2) Sieur de Champlain. Among the navigators preceding Somers who have left us some notice of the Bermudas is also to be coimted the Sieur de Champlain, the founder of Quebec, who sighted the Islands about the year 1600. He must have coasted very near the south side, to have carried away any impression of high land ; but it is probable that the hills were then crowned by forests, of which we have now but degenerate remains. His brief narrative is as follows : — We were four months at the Havanna, and leaving it with the whole fleet of the Indies, which had assembled there from all parts, we proceeded to pass the channel of Bahan (Bahama) which is a passage of consequence, and which m.ust necessarily be passed in returning from the Indies. On one side of the said passage to the North lies the land of Florida, and on the other the Havanna. The sea flows in the said channel with great impetuosity. This channel is eighty leagues in length, and in width eight leagues, as it is figured hereafter, together with the land of Florida, at least such part of the coast as can be seen. On quitting the said channel we came near to Bermuda, a mountainous Island which it is diflScult to approach on account of the dangers that surround it. It almost always rains there, and thunders so often that it seems as if heaven and earth were about to come together. The sea is very tempestuous round the said Island and the waves as high as mountains.' ' ' Brief Narrative of the most remarkable things that Samiuel Champlain of Brouage, observed in the Western Indies.^during the Voyage -which he made to the same in the years 1699-1602.' Hakluyt Society, 1859, p.i6. SHAKESP-EARE AND SOMERS. 573 II. Shakespeare and Somers. The question whether Shakespeare was acquainted with the afp. il. incidents of Sir Greorge Somers' shipwreck, and whether his imagination, in writing the ' Tempest,' was in any degree influenced by them, is one which has never failed to interest his critics, and to occupy visitors to the Bermudas. The late Mr. Halliwell appears to have taken a different view from Malone, and was of opinion that ' the utmost that could be reasonably affirmed of the early accounts of the Bermudas, pre- suming the " Tempest " to have been a late play, is that they may possibly have suggested a few of the subordinate circum- stances mentioned by the Poet; the Bermudas were represented as being under the influence of enchantment ; in the shipwreck of Sir George Sommers his ship had been split between two rocks : during his abode one or more conspiracies had taken place, and a sea monster in the shape of a man had been seen. These are really (he says) all the notices of any moment involving coincidences of the slightest importance.' ' He regards as ' purely accidental ' the coincidence of the story of the three Lords,^ with the assumption of regal authority by Stephano ; and passes without notice the verbal resemblance of at least two important passages in the play ^ to the prose narra- tive of William Strachey. Under these circumstances it may be permitted to adduce here two additional proofs of the great public interest aroused by the wreck of the ' Sea Venture,' an interest which it has not wholly lost to this day. I am indebted for one of them to Mr. Sketchly, of the Dyce Library, South Kensington. Shakespeare's play of the ' Tempest ' was first produced on the stage on November 1, 1611 (Hallowmass night). It is highly improbable that its composition is of much anterior date. Jourdan's ' Discovery of the Barmudas ' bears date 1610,'* and ' ' The Works of "William Shakespear,' by James 0. Halliwell, I. p. 319, Folio, 1 853. ^ See vol. i. p. 53. ' See vol. i. pp. 23-27. * Vol. i. p. 14. 574 APPENDIX II. APP . II. of the same date is a ' Poetical Tract, by R. Eich, Soldier,' ' " ' doubtless one of the many scions of the vigorous family of Warwick, in which the following stanzas occur : It is no fabulous tale Nor is fayned newes : For Truth herselfe is heere arriy'd, Because you should not muse. With her both Grates and Newport come To tell Report doth lye, Which did divulge unto the World, That they at sea did dye. Tia true eleaven monthes and more, These gallant worthy wights Was in the shippe Sea- venture nam'd Depriv'd Virginia's sight. And bravely did they glyde the maine, Till Neptune gan to frowne, As if a courser prowdly backt Would throwe his ryder downe. The seas did rage, the windes did blowe, Distressed were they then : Their shippe did leake, her tacklings breake, In daunger were her men. But heaven was pylotte in this storme, And to an Hand neere, Bermoothawes call'd, conducted then, Which did abate their feare. But yet these worthies forced were Opprest with weather againe, To runne their ship betweene two rockes, Where she doth still remaine. And then on shoare the island came, Inhabited by hogges. Some foule and tortoyses there were, They onely had one dogge. To kill these swyne, to yield them foode That little had to eate, Their store was spent, and all things scant, Alas ! they wanted meate. A thousand hogges that dogge did Irill, Their hunger to sustaine, And with such foode did in that ile Two and forty weekes remaine. ' ' News from Virginia of the Happy Arrivall of that Famous and Worthy Knight Sir Thomas Gates, and well reputed and Valiant Captaine Newport into England. By B. Eich soldier.' The only original is in the library of Mr. H. Huth. SHAKBSPEABE AND SOMEKS. 575 And there two gallant pynasea Did build of seader-tree ; The brave Deliverance one was call'd, Of seventy tonne was shee. The other Patience had to name, Her burthen thirty tonne ; Two only of her men which there Pale death did overcome. And for the losse of these two soules, Which were accounted deere, A Sonne and daughter them was borne, And were baptized there. The two and forty weekes being past, They hayst sayle and away ; Their ships with hogs well freighted were, Their harts with mickle joy. And so unto Virginia came. Where these brave souldiers finde. The English-men opprest with griefe And discontent in minde. * * » * So far the soldier of fortune, K. Rich ; but we have another effusion, only a little later, which followed a very famous per- formance of 'The Tempest,' before the Lady Elizabeth and the Elector, Prince Palatine, Prince Charles, early in 1613. It occurs in ' An Epicede, or Funerall Song on the most disastrous Death of the Highborne Prince of Men, Henry, Prince of Wales,' ' an event described in great detail in Somers's Tracts. He died November 6, 1612. Fever is impersonated instilling her venom into the Prince, and the Poet exclaims : — Was there a sight so pale, and desperate Ever before seene, in a thrust-through State ? The poore Virginian, miserable sayle A long-Ion g-Night turn'd Day, that Uued in Hell Never so pourtrayd, where the BUlowes stroue (Blackt like so many Devils) which should prove The dammed victor ; all their furies heightiag : Their Drum the thunder : and their colours lightning To drown the waves in noyse : the other spending His Hel-hot sulphurous flames to drink them dry : When heaven was lost, when not a teare wracked eye Could tell in all that dead time, if they were Sincking or sayling : till a quickening chere Gave Hght to saue them by the ruth of Rocks At the Bermudas : where the tearing shocks And all the miseries before, more felt ' Dyce Library, South Kensington. APP. II. 576 APPENDIX II. APP. II. Than here halfe told : all, all this did not melt ^ ' ' Those desperate few, still dying more in tears Then this Death, all men, to the marrow weares, All that are men In the margin is ' Descriptio of the tempest that cast Sir Th. Gates on the Bermudas, and the state of his ship and men, to this kingdomes plight applyed in the Princes death.' These references to a great and recent catastrophe detract somewhat from Halliwell's remark," that ' It is in the highest degree improbable that a purely imaginative drama should have been made the medium of allusion to the disasters of a contem- porary shipwreck ' (p. 323). They rather show that the vivid imagination of our great dramatist had presented to it precisely the facts likely to arouse it ; and that the thunder, ligh,tning, and violence, of the tremendous cyclone from which the expe- dition so narrowly escaped, were indeed immortalized, but not invented, in the second scene of the ' Tempest.' REV. LEWIS HUGHES. 577 III. The fugitive publications of the Eev. Lewis Hughes, the app. hi. first minister appointed to Bermuda by the Virginia Company, ' ~' in 1612, the companion and councillor of Grovernor Eichard Moore, were not known to the Editor when the first volume of this work was printed. Two of them are descriptive of the Islands, and perhaps furnished Smith with some of his material. They are very interesting and call for fuller notice. In his letter from the Summer Islands, 1615,' after a short account of the shipwreck and deliverance of Sir Thomas Gates and his companions, he proceeds : — The eleaventh of July 1612 Master Richard Moore now Deputy Gonernour, arriued safely, and with him about 60 soules, men, weomen, and children, to inhabite these Hands, and since that time (by the mercy of God) diuers others shippes out of England hane arriued safely with good supplies : therefore let not the report that hath gone of these Hands discourage any of the people of England from Gumming hither. Neither let the feare of forraine innasion discourage anie. For as I am perswaded, and have heard marriners, that haue trauelled farre say, the like Islands are not to be found in the world, where men may dwell so safe from forraine inuasion, because God hath so compassed them about with fearefuU rockes, as shippes are not able to come neare, but in two channels, that leade into two goodly and large harbours : the one at a place called Ournats Head, the other at a place called Dauies Point. The channels are so narrow and curious, as ships must come in very leasurely, one after another, so as the forts on both sides the channels may sinke them with ease by the helpe of God. As it hath pleased God (for the safety of those Islands) in their first creation, to inniron them about with fearefuU rocks : so now in their first plantation, it hath pleased his holy majesty to put into the heart of M' Moore now Deputy Gouernour, to fortifie them within, so as in the iudgement of man, they are inuincible. At the Ournats head he liath built three forts, and planted them with great peeces, and men to defend them ; and at Dauies Point he ' ' A Letter sent in to England from the Summer Islands written by Mr. Lewis Hughes, Preacher of God's "Word there, 1615. Printed at London by I. B. for Wil- liam Welby, and are to be sold at his shop at the signe of the SwMune in Paules Church Yard 1'615, pp. 13.' VOL. IL P P 578 APPENDIX III. A PP. III. hath builded two forts and planted them with great peaces and men — ' ' to defend them. He hath also built diners other forts to keepe long boates from landing, and to cleer the harbours if ships should come in. If long boates should venture to land any there, they will be but as men cast away, because ships cannot come neere to rescue or helpe any waie ; therefore let not the feare of forraigne inuasion keepe any from cumming hither. There is great hope that (by the blessing of God) men may in time Hue very comfortably heere, and growe rich, if they will pro- uide seeds of Indico &c. and plants of currants, figges, raisons, mul- berry trees for the silk-wormes & vines, that they may haue wine for their owne drinking. I say for their owne drinking, because wine, considering the leakeage, trouble, and charge wil be one of the least commodities these Hands will afoord. For the present Tobacco is the best commoditie, and for victuals, if men have boates, nets, lines, hookes, and striking irons, they may haue good fish at all times, as Mockfish, Angell-fish, Hogge-fish, Amberftsh, Gutlefish, Pilotfish, Sedgehogfish, Gunwyfish, Old wines, Stingraies, Snajipers, Groopers, Gauallies, Morraies, Mullets, Macherels, Pilchers, Breames, Lobstars, Turtles, Sharkes Sfc. Also heere are Eeles in freshwater ponds. Eiuers here are none, but ponds and Welles of very good and holsome water, and a water descending from an hill, which floweth and ebbeth with the sea, and yet drinketh alwaies sweete like milke. Here is also plenty of sea foules, at one time of the yeare, as about the middle of October, Birds which we call cahouze and Pini- licoes come in. The Galwuze continue til the beginning of lune in great abun- dance : they are bigger bodied than a Pigeon & of a very firm & good flesh. They are taken with ease if one do but sit downe in a darke night, and make a noise, there will more come to him then he shall be able to kiU : some haue told me that they haue taken twelue or foureteen dozen in an hower. When the Gahouze time is out, other birds called noddies and sand'te birds come in, and continue till the latter end of August. Here is no kinde of beasts but hogges and cattes and they but in one or two places which are thought to come at first by meanes of shippe-wracke. The hogges were manie but are now brought to a small number. The Calues and Lambes that we brought out of England, did prosper exceedingly, till the hunters met with them. The cocks and Hennes wee brought with vs, doe prosper and increase much, and are a great comfort vnto vs. And now that we haue found out the right seasons of the yeare to set corne, we are like (by the blessinge of God) to haue plenty of this countrey wheate, which is very good, large and faire, and mqre hearty and strong than our English wheate. Young children doe thriue and grow vp exceeding well : the climate is so temperate and agreeable to our English constitu- tions. EEV. LEWIS HUGHES, 1614. 579 The aire is very holsome, and not subiect to such contagious in- APP . III.^ fections as it is in Ungland. The longest day in the yeare is fowerteene howers, and the shortest tenne from sun to sun. When it is noone in England, it is about eight of the clock in the morning with vs. The seasons of the yeare are two, a hot season that beginneth about the middle of Maie and continueth to the middest of August, all the rest of the yeere is a continuall spring. The heate of summer is not so extreame but it may be well endured. Fresh gales of wind we haue every daye. The greatest annoiance are flies, for two moneths and a halfe : they are almost as busie in England. Long and drizling raine is seldome seene, but great showers with great droppes very often. Thunder and lightning do no such hurte here as in England. Snow, haile, frost, thick and foggie mistes wee haue none. The night is lighter and more comfortable heere than in England. The birds make a noise almost alJ night, but not with such pleasant tunes as the Larkes, and other birds doe in England. Heere is no bird that singeth in the daie but the sparrow, the Robin red- brest & the Rohin-williams. The earth is very fertile, and so mellow and gentle, as it needeth neither plowing, nor digging, so that after the wood is taken off, and the grasse and weeds bee burnt and destroyed, and the common business of Fortifying bee once ended, men shall Hue heere in much ease, without such moyling and toyling as in England. The greatest labour will be in worming and pruning of some plants, which children may doe as well, and better than men. I wish that all they that hereafter shal come hither out of Eng- land would consider with themselues that these Hands were neuer inhabited till now, and that therefore they must of necessity labour hard at first, and be contented to endure hardnes and some want of many necessaries. In time (by the grace of God) the storehouse shall be furnished with all necessaries, for such as hane money, and they that haue not, shall be trusted : But now in regard that the greatest part of the people that be heere, came very rashly and carelesly, not con- sidering whither they went, nor what they might in time haue neede of, & thinke that all that can be brought into the store as yet will be taken vp by them : and therefore I advise such as are to come to bring (euery one that is able) a barrell or two of biskets for his owne eating, till hee haue cleered his ground, and haue wheat of his owne. Also let them bring oyle, vinegar, aquauite, barreU but- ter, pottes, kettles, frying-pannes, triuets, boules, traies, tanckards or pottes to drinke in, pailes to fetch water in, and little barrels or iarres to keepe it in for their drinke. The water is very good and wholsome, such as many doe delight in. Also let them bring tongs, fire shouels, bellows, tinder boxes, brimstone, flint stones and steeles, spits, dripping-pannes, candle- sticks, lampes, locks, spades, shouels, pickaxes, hatchets, whetstones ; sawes, hammers, pearcers, pincers and nailes of all sorts so many as p p 2 580 APPENDIX III. A.FP. in. -jyii serue to build a house with, and leather to mend their shoes, and sparrowbiJs, or nailes to drine into them, els the rocks will bare them out quickly. Also let them bring bedding : flock beds are bet- ter than feather-beds. And for apparrell for the summer, let them bring canuas or stufifes : blue linon and good buckrom the women do wish for. Also let them not forget to bring castle sope, pins, points, lases, t needles, threed, thimbles, sheere.s and scissors. Also let them bring strong fishing lines, of 12 or 14 faddoms long, and som smal of whip cords and strong hookes, the biggest, and as diners as they can, and some small hookes for breames. And aboue all things haue a care to leaue their sins behinde them, and to come hither as it were into a new world ; and for the comfort of their souls let them bring Bibles and other good bookes ; and pack vp all their small stnfie in barrels ; the barrels will afterwards serue them for many good vses. Idle persons, and such as are giuen to filching doe line heere in great misery ; soe also doe all whorish women in great disgrace, which maks them weep, and sigh with teares to wish themselues in England againe, and for their comfort, to coole them a little, they are now and then tawed at a boates tail vp and downe the harbour. So were a couple serued together, a man and a woman that came in the ship that came in, and so haue diuers others. Also all such as are profaners of the Sabboth and come to the seruice of God but when they list. I see that God findeth them out and denyeth them his blessing. All they that haue grace to serue God, are sure to prosper and Hue comfortably, because God hath said ' Behold my servants shall eat&c' Isai.65.13-14.— Ps.33. 18-19.— Ps. 34. 10.— Ps.37.34. The God of Peace, that broughte againe from the dead our Lord Jesus &c. Heb. 18. 20-21. From the Sv/mmer Hands this 21 of Decern. 1614. Tours as his owne Lewis Hughes. In his ' Plaine and True relation,' ' printed seven years later, Hughes enumerates and impresses upon the people of Bermuda, with much earnestness, the various instances already presented in their short history of providential mercies : a transcript of the whole would be but a repetitibn of much that has been related in the first volume. 1. The security given to the Islands by fearful rocks and shoals all round. ' A Plaine and true relation of the Goodnes of God towards the Sommer Hands written by ■way of exhortation, to stirre vp the people there to praise God. Whereunto are added certaine questions and answers concerning the keeping holy of the Sahoth day, and publicke exercises of religion Written in the Smnnier Islands for the benifit of the people there. By Lewis Hughes minister of God's Word. At London. Printed by Edward All-de dwelling neareOhrists Church 1621 pp. 46. REV. LEWIS HUGHES, 1021. 581 2. The two goodly and large harbours, with such curious and APP. III. narrow coming in. 3. The artificial fortification effected by Captain Butler within the space of only one Tear. He specifies, At the Kings Castle 18 great peices excellently mounted, the most of them upon new carriages of cedar, 6 more mounted in Southampton Fort which flankers the Kings Castle. At Pembrooke Fort 2 great pieces. In Pagets Fort 5, and in Smiths 5 the which two last command the harbour of St. Georges. At Warwick Fort 3. At the towne before the Governors House 8. Another at the foote of the mount to serve as a warning piece and at St Katharines Fort 2 to scour that Bay In all 53 pieces of great ordinance very well mounted. . ' The mount which was blowne downe with a terrible gust of winde, being the eye of the Hand, and a great comfort, because from the top of it, ships were discouered, is built againe by Captaine Butler, so that now these Hands are well fitted and prepared both within and without against all forraigne inuasions, Gods holy and great name bee therefore praised.' 4. That the Islands have been kept from the beginning of the World for the English nation and no other. 5. The circumstances of their discovery. Heinoidentallyremarks that the fleet consisted of eight sail. The Sea Ventwre was of 300 tons and had 9 feet deep of water in the hold two hours before she struck between two rocks where sbe stuck fast, when the wind im- mediately abated. (1) You that were sent in the first ship called the Plcwe, with Mr Biehard Moore Gouernour, in the yeere of our Lord 1611, you were no sooner within the Harbour but for your welcome, God brought plenty of good Fish to the ship side, which did attend vpon you and follow the Boat to shore, where some did cast out of the water with their hands, so much as did suflBce you all, which did rejoyce you much. (2) Consider also how (to your further ioy) God brought vnto you, the three men that were left in the Hand, all three in good " health, fat and well liking, though out of clothes. (3) Consider how God had prouided by them an acre of good wheat, ripe and ready to be gathered, besides the wheat that you found in their Houses, with Indian beanes and pease, and great store of ripe Pompions. Also you found Tortoyses ready taken, and by the prouidence of God rested and sod so m.uch as sufficed you all. (4) Consider also how bountifully God brought vnto yon the fowles of the ayre in great abundance, which did offer themselues to be taken by you, so as if one did but sit on the ground, and make any mournfull noyse, more came to him than he was able to kill and Carrie awaie, so as one man in one houre hath taken about thirty dozen. (6) Consider also the goodnesse of God, in blessing your first labour, in clearing of ground, and setting of Corne, so as by the blessing of God, you had great encrease notwithstanding that the Come was sot late. 582 APPENDIX III. APP. III. Vpon your second crop, (partly for the vnthankfulnesse of some, ' • ' and partly for the trial of other some) God denied his blessing, so as you receiued not your seede againe, therefore feare of great want came vpon you Then, enen then when your hearts begain to be troubled with feare of want, Almighty God who nener faileth nor forsaketh them that are his, did send you a comfortable supply vnlooked for. "While that was spending, your looking for more supplies out of England, and following Tobacco too greedily, did cause you to neglect setting of come, whereby you were brought into great want. Then the number of people encreasing and as they encreased, sin and disorder did also encrease, which brought the correcting hand of God upon you many wayes, so as diuers did perish very miserably : but consider I pray you that most of them that so dyed, were vngodly, slothfull and heartlesse men, which sheweth plainely that God hath not reserued these Hands from the beginning of the world, to bestowe them now vpon such as shall dishonour and prouoke him euery day as many of them did. I cannot but wonder, when I think vpon the nastinesse & loathsome lazinesse, wherein too many of them died, crying night and day for meat, notwithstanding they had meat enough if not too much, for they did nothing night and day but dresse, and eate, and so greedy, as they would not stay till their meate was sod ; but more like dogges then Christians did deuoure it blood rawe. The first night that I lay in the Hand, which you call Coopers Hand (whither the lazie staruing crewe were sent, and with them some honest industrious persons, though then much out of heart, and now lining, and well, thanks be vnto God) when I saw in euery Cabbin Pots and kettles full of birds boyling, and some on spits resting, and the silly wilde birds comming so tame into my cabbin and goe so familiarly betweene my feet, and round about the cabbin, and into the fire, with a strange lamentable noyse, as though they did bemoane vs, and bid vs take, kill, roast, and eate them : I was much amazed, and at length said within myselfe, surely the tame- neas of these wilde birds, and their ofiring of themseluea to be taken, is a manifest token of the goodnesse of God enen of his lone, his care, his mercy and power working together, to saue this people from staruing. Mr. Moore then Gouemour, fearing that their oner eating them- selues would be their destruction, did remoue them from thence to Port Bioynll, where they found but little or no want ; for, birds they had there also, brought to them, euery weeke, from the Hands adioyning, whither some were sent of purpose to bird for them: Also they had Fish brought vnto them, a Boates loading at a time, and Palmetoe Berries, which you know are so wholesome and nourishing, as a man m>iy well line with them, and be in heart and strength, though he haue nothing else ;' notwithstanding all this, ' The Palmetto berry may be compared to a very small shrivelled date, -with very little flesh, but that little sweet to the taste. It is difficult to understand these early statements of its nutritious qualities. At the present the fruit, which is abundant, is not gathered or put to any use. — Ed. EEV. LEWIS HUGHES, 1621. 583 they died miseraUy some with meate in their mouthes crying for APP. III. more. This surely was a great iugement of God vpon those slothful and greedy Belly-gods and a manifest signe and token (as I said euen now) that God hath not reserued these Hands from the beginning of the world till now, to bestowe them vpon such as shall prouoke him euery day, as many of them did. The correct- ing hand of God, which then lay heaniest vpon the lazie ones, did stretch out itselfe oner all euen the most industrious, when their Lines Hooks and Nets were worne out, so as many of them also died. (6) Tou that came in the first ship with Mr. Moore being about 60 persons, haue great cause to praise God for his goodnes in pre- seruing you ; so as you are all aliue in health and strength, except one that was killed in shooting off a great Peece : it is now almost nine yeares since yon came hither. God make you all thankfuU, the worst (by the grace of God) is past ; your hope and common talke is, that (by the heipe of God) you shall neuer see the want that you haue seene. Now that a constant course is held in planting of come, you are sure by the blessing of God to haue two Wheat Harnests euery yeare, with less labour then they haue one in England because here is neither ploughing or harrowing, you haue plenty of good fish if you will take paines to goe out to sea for it. Instead of the plenty of wilde Hogges, that you found here at your first arrinall, you hane tame Hogges, and also Turkyes and Powltry, so many as you can keepe. The kine in S* Georges Hand (you see) doe multiply and prosper well, so as in time, by the blessing of God, they will be a great comfort vnto you ; so will the Goates also, if care be had of them. Potatoes yon haue plenty, as good as any bee in the world. Plantynes, Pynes, and other delicate Indian fruits, you are like to haue plenty if you will haue a care to plant them. Also if (according to the Statute made in the first yeare of Captain Butler his government) you make your Fences of Figgo and Pomgranate Trees, you will haue more figges and Pome- granates then you will be able to spend ; what a comfort will it bee vnto you, to haue all your fences of Figge Trees and Pomegranate Trees ? the like (I think) is not to be found in the world. Sugar Canes, though they be not like to proue any marchantable commodity, yet they will be a great comfort to you in many wayes. The Casaua roote is like to proue a great blessing of God vnto you, because it makes as fine white bread as can be made of wheat, and (as I am persuaded) wholsome because the Indians that Hue of it, are tall and strong men.' The bread will keepe as long as Bisket, and therefore is good for the Forts. ' Among the questions propounded "by the Koyal Society in 1668 was one ■whether the root of the manioc is so fertile, that one acre planted therewitli yields so plentiful a crop as shall feed more people than six acres of the best ■wheat ? 584 APPENDIX III. AFP III. Then follows a pa^e of instruction for preparing cassava bread. Tour chiefe and marchantable commodity for the present is Tobacco : pray to God to blesse yoa with some other commodity which may be more to his glory, and comfort of his people then Tobacco is. There is a greate hope of the silkeworme, Captaine Butler your Gouernour saith that the mulberrie Trees growing in the Summer Hands are as good, if not better, then those, that he hath seene, where silke is made. The spiders doe mate perfecte silke ; therfore I am persuaded there is no doubt to be made of the silke worme. faile not therefore to plante mulberrie trees neere your houses, that you may haue meat at hand for the wormes when they shall be sent you. Forget not the goodnes of God, in manifesting the loue and care that he hath of you, by blessing you with a Parliament, wherein diuers Lawes and Statutes fitting your Estate, and agree- ing with the Lawes of England haue been made : wherein also I obserue the good hand of God in that (notwithstanding your dis- contentments and greevances were many ; and that diuers did purpose (as I gather by their speeches) to stand stiffly or rather obstinatly to haue things caried according to their owne wills, so as I did feare it would prooue an vnhappy, long and troublesome Parliament) It pleased God so to direct Captaine Butler your Gouernour in the ordering of it, and also to change the minds of diuers Burgesses, as when they were assembled, there was such reasonablenesse and sweet vnity of mindes euen in all, as the Bils did passe, and were graunted on all sides, readily, and cheerefuUy, which to me seemeth a great worke of wonder and a manifest signe that God, who is the God of loue and peace, was in the midst of vs, guiding and assisting vs with his holy spirit ; his holy and great name be therefore praised. I hope that God will giue the like blessing to the next Parliament, and in his good time estabhsh a good pollitick ciuill estate amongst you. ***** * * Consider also the goodnes of God in preseruing all shippes belonging to these Hands so as none haue beene cast away neither going nor comming : true it is that this last yeare 1619 a ship was cast away, not going nor comming but ryding at anker in the harbour.' My heart giueth me, that among other sinnes, the abominable sinne of Drunkennesse, that aboundeth among you euery shipping time, did much favour the bringing of that iudgement vpon her, to admonish some to bee no longer Bawds to Drunkennesse by sending over so much Aqua vitse. . . In Summerset you know how one died suddainly with drinking himself dead drunke. Also in the Towne at S' Georges, a man of Summerset drunke ' An allusion to the blowing up of the 'Sea Flo-wer,' see vol. i. p. 287. EEV. LEWIS HUGHES, 1624. 585 himselfe dead drnnke, and beeing by a Coroners Inquest fonnd guilty APP. III. of his owne death, was by the commandement of Oaptaine Butler ' your Gouernour, buried in the highway with a stake driuen through him, by them in whose company he dranke himself dead. Each of them haning a paper on his backe with this superscription. These are the companions of him which hilled himselfe with drinhing. Two of the most notorious of them were punished, the one whipped at the Whipping Post, the other (because he was a soul- dier) did ride the Cannon, shot off full charged, which did shake him terribly. Forget not the Boats of Summerset that were ouer-turned with the keele vpward, and some of the men drowned, because they that should guide them, were troubled in their braines with Aqua vitce. Let not the hand of God which lay heauy vpon you in Captain Tucker's time be forgotten, when the rats did abound, and goe by sea, from Hand to Hand, so as no Hand was free, but all were like so many Coney- warrens : I say they went by sea from Hand to Hand, because fishes haue at diuers times been taken three leagues off at sea, with Rats in their mawes, which sheweth plainly that the Rats did swim, and were snapt vp of the Fishes. Consider what a plague of God they were vnto you both within dores and without : within they devoured your Come and other pro- uision of foode, and your cloathes and shooes (as myselfe has good cause to remember:) without, they devoured your come by scraping it out of the ground, when it was new set, the grains which were thrust in so deepe as they could not scrape vp {dyed ?) vntill God in mercy hearing our poore prayers, tooke them away, on the sodaine in three or foure dayes. I mention the time, because I tooke good notice of it. As soone as the Rats were destroyed wild Cats, that were neither seene nor knowne to be in any such abonndance, came marching out of the woods, to your houses six, seauen, or eight in a company : then it was in euery bodie's mouth, that the Cats had destroyed the Rats, and some said that the coldnesse of the Winter kUled them. I remember indeede that we had a very colde time a little before they were destroyed, which, (I am persuaded) God in mercy did send for the killing of them, nor (as some doe) to the Traps, nor to the ruinating of the Islands with fire ; and take heede that your vnthankfulnes bring them not againe, or some other plague as bad. He concludes, after a few more pious exhortations, Yours, as his owne Lewis Hughes. To the Reader. Christian Reader, let this little taste that I haue giuen thee of the goodnesse of God towai'ds the Summer Hands satisfie thee for the present : ere it be long thou slialt haue a larger relation thereof, written by Captaine Nathaniel Butler now Gouernour of the said Hands. 586 APPENDIX III. APP. III. rpjjjg relation was, perhaps, used by Smith,' but the Editof has not succeeded in finding a copy of it. The pamphlet is followed by ' Questions and Answers con- cerning the keeping holy of the Sabaoth day, and publick exercises of Eeligion,' and by some forms of prayer, in all extending to 26 pages. This catechism has nothing in com- mon with either the Church Catechism or the Westminster Catechism, and contains nothing which indicates divergence from the Church of England, or the adoption of a Presbyterian discipline. Its theology may perhaps be judged of by one or two extracts : — Q,. Mow mcmy sacraments are ihere ? A. Two. Baptisme and the Lords Supper. Q. What is Baptisme ? A. Baptisme, is a seale of the enerlasting Couenant of Grace, that God hath made with his elect. Q. How ought it to he administered ? A. With water (by a lawfull m.inister) in the name of the Father and of the Sonne, and of the holy Ghost. Q. What is the Lords snpper ? A. The Lords supper is a sacrament ordained instead of the Paschall Lambe to represent Christ and all his benefits, now in the time of the Gospell, as the Paschall Lambe did in the time of the Lawe. ***** Q,. What manner of signe is the Breade ? A. Not a bare signe, but such as (by vertue of the wordes of Institution) together with it is conuayed Christ and all his merites to the worthy receiuer. Therefore S' Paul calleth the bread, the communion of the body of Christ. 1 Cor. 10. 16. Q. Doth the Minister when hee giueth the Bread and Wine, giae Christ also with the bread and wine ? A. No. The Minister giueth but the Bread and wine God doth at the same time by his Spirit offer vnto our Faith and in truth doth giue Christ vnto vs, and Christ himselfe doth then also offer, and giue himselfe and all his merits to the worthy Receiuer. ***** Eev. Lewis Hughes was also the author of some theological works, not particularly connected with Bermuda. (1) A Dialogue or Conference between a Country Gentleman and a Minister of Gods word about the Booke of Common Prayer. of which a confutation, ' Published by Authority,' appeared 1641. (2) Certaine Grievances well worthy the serious consideration ' See vol. i. p. 146. N.B. may as -well be Nathaniel Butler as Nathaniel Bernard. LATER WORKS OF REV. LEWIS HUGHES. .587 of the Right Hononrable and High Coart of Parliament. Printed APP III. Anno Bom. 1640. 4° pp. 18. ^ ' ' (3) Signes from Heaven of the Wrath and ludgements of God ready to come upon the Enemies and Persecutors of the Truth and of the true professors thereof in this Land, if they be not prevented by trne Repentance. Whereunto are annexed examples of most fearful iudgements of God, upon Churches in time of Divine service, and upon Sabbath breakers, and upon such as have reviled the Protestants that are trnly zealous of Gods glory, calling them Soundheads in reproach and derision. Also, the utter ruin and downfull of the Papists, and their Ghostly father the Pope and Prelates. Set forth by Lewes Hughes minister of Gods word. When thy judgements a/re in the earth the Inhabitants thereof ought to learn righteousness. London Printed by T. P. and M.S. in Goldsmiths Alley 1642. Among the physical judgments recorded are the fall of a meteorite in Berkshire, April 9, 1628 ; two pieces weighing 18 lbs. and 14 lbs. respectively were found. Another on the 4th August, 1642, A church at Withcombe, in Devonshire, struck by lightning during Divine service, with very destructive effect, October 21, 1638. Another jn the parish of Anthony, Cornwall, Whitsunday, 1640. It refers as a sign to a blazing star in 1618. The absence of any allusion to the currency of the planta- tion in the preceding letter confirms the opinion expressed in vol. i., that the hog money never had any extensive circulation. Having, however, given cuts of the only types hitherto known, the editor is now enabled, by the kindness of the editor of the ' Numismatic Chronicle,' to subjoin one of a new type, having the current value of 2d., lately found. 58'8 APPENDIX IV. IV. APP. IV. Liturgy of Guernsey and Jersey. Having in vol. i. advanced an opinion respecting the liturgical changes introduced by Captain Nathaniel Butler, in- 1 620, which is not borne out by an anonymous contemporary History of Bermuda, since examined,' the Editor is bound to furnish to those interested in this question the means of correct- ing their judgments. The MS. in question, if not written by Captain John Smith himself, as the Editor inclines to believe, was certainly known to and used by him. This will be placed beyond dispute by a few parallel passages : — Smith, 1623. Master More thns mding those three men not onely well and lusty, but well stored with diners sorts of prouisions, as an acre of come ready to be gathered, numbers of Pumpions and Indian Beanes, many tortoises ready taken. I. p. 72, Smith, Hb. 5, p. 177. In this ship was brought the first Potatoe roots, which flo- rished exceedingly for a time, till by negligence they were almost lost all but two cast away roots, that so wonderfully have increased, they are a maine reliefe to all the Inhabitants. I. p. 76, Smith, lib. 5, p. 179. In the month of March, a time most subject of all others to such tempests ; on a Friday, there went seuen in a boat of 2 or 3 Sloane MS. Thes newe guests being thus come in, and findinge their three resident countrymen not only aliue and lustye but well stored w"' diuers sortes of Prouisions, as an acre of come ripe, and ready for the gatherer, numbers of Pompions, Indian Beanes, many tortoises ready taken. . . MS. p. 17. In her wer first brought into thes partes, certaine Potatoe rootes sent from England, the which being planted and flonr- ishinge very well wer by negli- gence almost lost : at last by a lucky hand againe reuiued from two cast awaye rootes. They have since increased into infinite store and serve for the present for a maine reliefe to the inhabi- tants. MS. p. 27. Upon a Fridaye mominge, in a March (the moneth aboue all others apt to produce such efiects) and the yeare 1615 one Sloane MS., British Museum, No. 760. THE LITURGY OF GUERNSEY AND JERSEY. 589 tunnes to fish. The morning Andrew Hilliard w"^ six more APP. IV. being faire, so eager they were able and strong bodied men, in of their ionrney, some went a bote of 2 or 3 tunnes went out fasting, neither carried they to sea to fish : and so eager they either meate or drinke with them wer on the voiage, that neither a but a few Palmate berries. I. breakfast is made before they p. 81, Smith, lib. 5, p. 182. went, nor any other victualls carried along with them, saue only a few Palmitoe berries. MS. p. 56. These coiEcidences can be multiplied to any extent. It is not intended, however, to discuss here the authorship of the MS. history, which the Editor hopes to have a future opportunity of doing in publishing the work ; they are only produced to prove that it is an original document, used by Smith, if not actually his own, and may therefore be accepted as of equal authority with the quotation from the ' History of Virginia ' by that author, heretofore relied on. After relating G-overnor Nathaniel Butler's proceedings in relation to his two Dutch visitors, and his activity in measures of defence (i. p. 151), the MS. proceeds : — Neither did thes martiall employments so wholly take up the Gonernour, but that he also found time to bestowe his thoughts vpon the settlinge of other matters : and in particular ooncerninge the Church afiayres, perceivinge that neither of his two ministers would by any means subscribe nor vse the Booke of common prayer or Liturgie of England ; and that not only soe but were also dif- ferent and in no good and fit agreement betweene themselves, in the forms of administration of the sacraments and marriage, y" w"'" dif- ferences though they wer nothinge substantiall yet many of the com- mon people wer therw*'' troubled and disquieted ; some beginning to question the validity of them, others to growe into faotioning and disputes w<='' of the two did best : and many of the worst sort to make a scoff and iest of both, he found that it was time if it wer possible to to reduce them to some vniformitie : but dispayreing to bring them to that here, w"*" all the bysshops in England could not doe ther, he at last bethought himself e of the Liturgie vsed in the Hands of G-emsey and Jarsye, y® w"'* being of his Maiesties domin- ions and by him tollerated ther, he conceiued would not be ill taken if (for y* time) he putt it in practice here: being alsoe in good hope that his Ministers might be both of them brought to y^ vse of it in respect that all theis particulars wer therein omytted, at w* they took so much exception, and stumbled at. Callinge them both at once therefore priuately vnto him, he told them that he was verye sory to find them in noe fuller consent one w**" another in the vse of y** Church service, and in especial! in the forme of the sacra- ments and marriage : hee graunted indeed and knewe well enough that their dissensions wer noethinge essentiall : yet could they not 590 APPENDIX IV. APP. IV. bit prone very scandalous and offenaiue, as well to some in Bnglatid ' ' ' as to most of y* Inhabitants here : In England it would be obserued how that beeing but two of them only together, and so far remote fro their country that yet the Prouerbe might be verefied vpon them — So many men so many minds, besides it was not Ynlikely but that the hearinge of it would occasion some such iniunctions from thence as would displease them both. As for the people here they well knewe how ill the effects wer, that this ther disvnion had already bred among many of them, and y® w"*" wer likely euery day to growe worse and worse. He had bethought himselfe therfore of a way and meane to cure this ill, y* w'^'^ he doubted not would proue very acceptable to themselues also ; and it was by propoundinge the punctuall vse and practice of that forme in y® vse of sacraments and marriage w'^'' was vsed in his Maiesties Dominions in Jarsye and Garnsye : being one and the very same, w**" that of the french Protestants, thoes of the Vnited Prouinces and euen Geneua itselfe, this was it that without all inouation and alteration he would haue them for y* time to come to vse here, and this was that w* he hoped would quench and make vp all the infectious heats and dangerous breaches that otherwise might ensue. And truly, it seemed that this proposition had a peaceable constellation in aspect at its birth ; for noe sooner was it borne than gladsomely receiued by both the ministers, who instantly promised the Gouernour all conformitie in the acceptance and vnitie in the practice. Whereupon he himselfe translating it verbatim into English out of a French Bible w"'' he brought over with him : he caused the elder minister to begin the vse thereof at the administration of the Lords supper at S* Georges vpon easter day next followinge ; at what time Himselfe many of the Counsell, the officers, and a great anditorie communicated to- gether : a speech by waye of introduction being also deUuered by the minister out of the Pulpitt, about the receipt of it, and the ground and causes thereof expressed : and this Eorme was generally obserued throughout the whole Islands (y^ Gouernour enduring noe variations in the partikulars of the Sacraments and mariage,) all the time of his Gouernment ther, and for aught I knowe, soe continueth vnto this daye. The edition of the Bible printed at La Eochelle, in 1616, was the last published before Captain Butler's appointment,^ and the most likely for him to have consulted. The ' Prieres Ecclesiastiques ' at the end are, however, the same as those of the Geneva Bible of 1588 ; they are not included in the Liturgy of Guernsey and Jersey, as printed by Berry (vol. i.) ; nor does the History of Virginia record that Butler had recourse to a French Bible, which would have furnished a clue ; and hence ' La Bible que est toute la sainct escriture du vieil et nouveau Testament, autrement I'ancienne et la nouvelle Alliance. Le tout reveu et oonfere sur les textes Hebrieux et Grecs par les Pasteurs et Docteurs de I'eglise de G-enere, avec un nouvel indice par lieux communs. Item les Psaumes' et cantiques avec les prieres ec- clesiastiques. Ala Kochelle 1616, 8vo. THE LITURGY OF GENEVA. 591 the misconception as to the nature of his reforms, which the APP. iv. Editor has led his readers into. The Communion Service (' La maniere de celebrer la Saincte Cene '), after rubrical directions, begins : — Escoutons comme Jesus Christ nous a institue sa saincte cene, salon que S. Paul le recite au chapitre onzieme de la premiere Epistre aux Corinthians. J'ai recu, dit-il, du Seigneur ce que ie vous ai baUle. C'est que le Seigneur lesus en la nuict qu'il fut livre, print du pain : at apres avoir rendu graces la rompit at dit : Prenez mangez : ceci est mon corps que est rompu pour vons : faites ceci en memoire da moi. Semblablement apres avoir soupe, print le coupe, disant, Oeste coupe est le nouveau Testament en mon sang : faites ceci toutesfois et quantes que vous en boirez en memoire de moi . . Then follows an exhortation of considerable length, and the rubrical directions following are : — Ce fait, les ministres distribuant le pain et la coupe au peuple, ayant advertit qu'on y vianne avec reverence et par ordra. Capen- daut on chanta quelque Pseaumes, ou on lit quelque chose de I'escritura, convenabla a ce que est signifi^ par le sacrament. En la fin on vse d'action de graces, comme il a este dit. The Marriage Service, or ' La Forme de celebrer le mariages,' commences with an exhortation, and substitutes for the formula of the English Marriage Service — ' I, N, take thee, if,' &c., the following :■ — Vous N confessez ici devant Dieu et la saincte congregation que vous avez prins et prenez pour vostre famme et espouse N ici pra- sente, laquelle promettez garder, en I'aimant et entretenant fidele- ment, ainsi que le devoir d'un vrai et fidele mari est a sa famme, vivant sainctement avac elle, lui gnardant foi et loyaute an toutes choses, selon la parole de Dieu et son saincte evangile. Respond oui. 592 APPENDIX V. APP. V. Mr. Bonneille's Book. The very interesting volume of ' Extracts from the Eecords of the Virginia Company,' published by Mr. E. D, Neill,' gives a clue to the work recommended to the Bermuda Company by James I. (see vol. i. p. 120). Under the date of October 21, 1621, he furnishes the following extract : — Mr Deputy informed the companie of the great painea that Mr Bonnell the Frenchman, M' of the Kings silkwormes at Oakland had taken, in penninge a Treatise in French concerninge the orderinge of Silkwormes and making of silk, w* treatise for that it might be of speciall nse nnto the Planters in Virginia, he therefore moued this court would please to recomend it to some to translate it into English, and afterward that it might be prped,^ and being approued it might be printed, w'^'' the court assented vnto, and praied Mr Deputy to see it Doune, and that a good number of the said Booke might be sent unto the Colony in Virginia by the next sbippe that goes (p. 258). The date shows that the letter in vol. i. supposed to have been addressed to Daniel Tucker in 1616, was in fact addressed to his successor Butler in 1622. Probably the Frenchman mentioned by Smith (vol. i. p. 75) as having arrived by the 'Martha,' in 1613, to make trial of the mulberries, was in some way connected with Bonneille. ' ' History of the Virginia Company of London, "with Letters to and from the first Colony, never before printed.' By Edward D. Neill. Joel Munsell, 82 State Street, Albany, N.Y. Small 4to pp. 432. ' Sic. The abbreviation is not obvious. LAWS PASSED BY THE BERMUDA COMPANY. 593 VI. Laws passed 1632-1649. In the Schedule of Laws enacted by the Bermuda Company, ap p. vl given in to the Council of State among other documents in "'^ ' 1684, are the titles of the following, which were passed dming those years for which the Colonial Eeoords are defective, and are not referred to in the text. 20 June, 1632 Law for allowing £100 per annum to ministers abrogated. 17 June, 1635 Penal law against Destroying of Timber. 25 May, 1636 Law to prevent Tenants abusing their Landlords. The land that shall be exposed to sale to be first offered to the Company. Forfeiture and penalty of making up Tobacco deceiptfully. Tennants on Halves to allow Landlords half the benifit of provisions by them sold. Planting Trees. A storehouse to be built. 23 Nov. 1636 Law for continueing Governor and Deputy for three years only, abrogated. 22 Nov. 1637 Planters not admitted buying lands to pay a moyety as Interlopers (sic}. „ „ No man to be admitted to shares until the first debt be paid. 13 June, 1638 Laws for guiding recoverers of wrecks. „ „ How the Governor and Sheriff are to accompt in this and all other respects. „ „ Mr ffarrars gift for Breeding of Virginia children. 3 July, 1639 Law against Transport of Cedar. 27 Nov. 1639 Lands endebted to the company to be sequestred, and time given to register Deeds. Feb. 164| Law against questioning Titles where the seal hath passed. „ „ The members of the company not to be prohibited Transport of Cedar, they obtaining licence. „ „ Ships on the coast and victualling to pay Propor- tions of Gunpowder. 26 Deo. 1649 No share in Hambleton Tribe to be passed away without the overplus land. The whole number of titles is 107. The others belong to laws which are more or less fully noticed in the text. VOL. 11. Q Q 594 APPENDIX VII. VII. Identification of Sir Nathaniel Riche, Kt. (Vol. i. p. 578). APP. VII. The will of Eobert second Lord Eiche of Leeze, father of the first Earl of Warwick and grandfather of the second Earl (High Admiral under the Commonwealth, and Grovernor of the Ber- muda Company), makes mention of a ' base son,' Eiohard, the common phrase of the day for illegitimacy. This son is dis- tinctly stated in Wotton's 'Baronetage of England,' 1741, to have been the father of Sir Nathaniel Eiche, Kt. and of Margery Eiche. Sir Nathaniel Eiche in his own last will, proved in 1636, mentions three sisters, viz. 'his sister Wroth,' probably this Margery ; his sister Browne, and his sister Jane, the wife of Thomas Grrimsditch, who was a nephew of Secretary Sir John Coke. He bequeathed six shares of land in Bermuda to the Et. Hon. Edward Earl of Manchester, in trust to be seized over to such child or children of Mr. Thomas Grrimsditch and Jane . his wife as he should consider to be most worthy. The child so selected was the eldest daughter, Frances, wife of Eichard Hunt. He also bequeathed four shares for a school endowment. The acknowledged relationship subsisting between Sir Nathaniel Eiche and the Earls of Warwick and Holland ; the high re- spect in which he was held, his social position as a member of Parliament from 1614 to 1629, and his evident wealth, all con- cur to prove that the misfortune of his father's birth conveyed no slur to him or his sisters. Eichard, ' called Eiche,' was clearly born out of wedlock, and could not succeed to his father's title of Eiche of Leeze ; but what romance or mystery lies behind this circumstance we have no means of ascertaining. Colonel Nathaniel Eiche, appointed by the Council of State to command the Militia in Scotland in 1651, whose name also occurs at p. 41, was descended from a brother of Lord Chancellor Eiche, and consequently but remotely related to his contemporary, the second Earl of Warwick. He married a sister of John Hampden, and his son was created a Baronet in 1675. This second Sir Nathaniel Eiche is often confused with the first. The reader will find in ' Notes and Queries,' Series X, for July 1878, a complete elucidation of the case by Mr. James Eoberts Browne. EDMUND TTALLBR, 595 VIII. Supposed residence of Edmund Waller, the Poet, in Bermuda before 1651. The author of the earliest Life of Waller we have been able app.viii . to trace, prefixed to the eighth edition of his Poems, published in 1711, observes, 'We have been informed, but with no certainty, that he was a proprietor of the Summer Islands in America : but whether he was so or not, we cannot learn that he ever went thither from France as some have imagined from that copy of verses " To Sir William D'Avenant, upon his two first books of Grondibert written in France [before his voyage to America ']." These also suppose he wrote the Battel of the Summer after his return, by the particular description he gives of its product and situation : but we are apt to believe he never was there, or if he was, he wrote it before.' The biographer of 1711 is much more likely to have been rightly informed than the Abbe Raynal and others of later date who take his residence for granted. It is, in fact, demonstrable that the ' Battel of the Summer Islands ' was written before any visit to Bermuda, and there is not the least evidence that he ever visited the Islands after its publication. Waller was committed to the Tower on a charge of treason in July 1643. He petitioned Parliament in September 1644 that, ' in regard of the free and ingenuous confession and discovery made upon promised favour, the House will hold his life precious; that £10,000 may be accepted out of his estate, and if he be not held worthy to serve the House, and spend his life in their glorious cause, that they would be pleased to banish him to some other part of the world' (C. J. iii. 636). The House resolved, 23 Sept., That M"^ Edmund Waller shall be put to the fine of £10,000, and banishment, and his Ufe saved. 2 1 Oct. Order for his discharge read a first and second time. 26 October sent up to the Lords for their concurrence. 4 No- vember the ordinance that he should have liberty to go abroad " These latter words do not occur in subsequent editions, and ■were probably inserted in error by some early editor. a Q 3 596 APPENDIX VIII. APP.viii. with a keeper was passed, and as is very well known, he went to ~ ' — -^ France, where he resided chiefly at Eouen until the revocation of his sentence by favour of Cromwell in Novem. 1651. The ' Battell of the Summer Islands ' is printed in the first edition of his Poems, published in 1645. What we know of the means of communication with Bermuda at that time, makes it impossible that between November 1644 and the date of its appearance, he could have gone to France, and thence to the Island ; but in fact the lines — Oh how I long my careless limbs to lay Under the plantain's shade : and all the day With amorous airs my fancy entertain, Invoke the Mnses, and improve my veia ! are tolerably positive proof that the plantain's shade was no- where within reach ; while the four following lines are equal evidence that the poem was written before the marriage of Sacharissa, Lady Dorothy Percy, to Robert Sidney, afterwards Earl of Leicester, which occurred in 1639, when he was about 34 years of age. No passion there in my free breast should move. None but the sweet, and best of passions. Love. There while I sing, if gentle Love be by, That tunes my lute; and winds the strings so high ; With the sweet sound of Sacharissas name I'll make the listening savages grow tame. The visit of Edmund Waller to Bermuda is then a ghost which, having haunted literature for two centuries, may now be regarded as finally laid. THE OLD BERMUDA LIBRARY. 597 IX. Since the printing of pp. 58-59 it has been pointed out to app. tx.^ the Editor that a List of the Books thought suitable for presen- tation to so small a community as the colonists of Bermuda in the reign of Charles I. possesses some literary interest in itself, irrespective of any probability of their recovery, and is worth preservation as a monument of the times. Their titles are therefore given here in full, as far as they can be identified, correcting some of the clerical errors. They are arranged for convenience in alphabetical order, the numerals showing to whose donation they belonged : — 1 Given by M' Gabriell Barber 1636 and 1643. 2 Given by M' Michael Sparkes 1639. 3 Given by tbe Lord Viscount Mandeville 1640. 4 Given by M' John Oliflfin 1640. 5 Given by M' Gabriell Barber, and sent over by M'^ Goulding w'"" were received the 29 August 1650. 6 Given by Bev Will. Goulding by his last Will 1650. 7 Given by M" Virginia Ffarrer 1652-3. 8 Ainsworth (jS. A.), On the Books of Moses, 1616, 4to. Alstedius, Admiranda Mathematica. 2 „ Philomela, 8vo. Ambrosii Horse. ^ Answorth, Upon Genesis and Exodns. „ „ Numbers, Deuteronomy and Salnne, 1616. ,, His Annotations on the 4 Books of Moses, fol. ^ Aristotehs Dialecticam. * ,, Rhetorica. ^ Arminij Disputationes et Orationes, 8vo. ' Arnobius Adversns Gentes et Ambro. Horn. fol. 5 Articles the 39 Defended. ^ AttersiU, On the Epistle to Philemon, 1633, fol. * Bahington's "Works, fol. Bacani ? Barani ? Loci Communes, 8vo. ^ Baronii Annales EcclesiasticiB, 2 vols. fol. ^ Belarminii Explicatio Doctr. Christ. Bvo. ^ Bentham, Saints Society, 4!to. ^ Bernard Richard, Upon the Revelations, 4to. ' Biblia Sacra Tremellii et Junii, 1586.' ^ Biblia Latina Gallica. ' Written Bibilla, 598 APPENDIX IX. APP . IX. 2 Bltmdemle, His Exercises Q. The fower Chiefest Offices belong- inge to Horsemansliippe, 1680, 4to. * Bolton, Discourse about the State of True Happiness and Walking with God, 1625, 4to. Booke, a Paper, fol. * Bridges, Defence of the Government Established in the Church of England for Ecclesiastical Matters, 1588. ^ Surges, Baptismal Regeneration of Elect Infants, 1629, 4to. ' Calixini, Dictionamm, fol. ' Cal'uini, Harmonia, fol. * „ Institntiones, fol. ^ „ Opuscula, fol. ^ Calvinus, in Danielem Prophetam, fol. ^ „ in Isaiam et Iremiam, fol. ' „ in Quinque Libros Moses, fol. ^ Galvin, On Hosea, 4to. ' Calvesii Chronologia, 4to. ^ Chemical Phisicke, 4to. ^ Chronicon Carionis, pts. 1-2-3, 2 vols. Bvo. ^ Chrysostomi Opera, 6 vols. fol. ' Ciceronis Orationes, 3 vols. 4to. ' Cicero's Works, fol. ^ Clavis Apologetica, Q. Novi Calend. Rom. Apologia ? 4to. * Concilioram Omnium Snmma, fol. ^ Conference of Laud and Eisher. ^ Cooper, Thos., Thesaurus Linguee Rom. et Britt. 1565, fol. ^ Cooper, On the Romans, 4to. ' Cotton, Clement, Concordance to the Bible, 1631, fol. ^ „ Another copy, fol. « Baniell, The First Part of the History of England, 1613, 4to. ^ Dauenantius, Expositio in Epist. ad Collos. 1627, fol. ^ Dictionary A. of the English and French Tongue, fol. ^ Dodd and Cleaver, On Proverbes, 1608, 4to. ^ Downhame, Christian Warfare, 1608, 4to. ^ ,, Lectures, 1608, 4to. ^ Dram, His Calliepeia, 1607. 5 Erasmus, Adagionem ChUiades Tres, fol. ^ Erasme, Annotationes in Novum Testam. ^ Farrer, Mrs. Virginia, Virginia's Health and Welfare. ^ ,, Mapp of Virginia. ^ „ A New and Rare Discourse touching Silk Wormes, 1658. ' French History, fol. 2 Fox, On his North- West Passage, 1635, 4to. ^ Glossa lUerica ? in Novum Testamentum, fol. ^ Gouge, On the Lords Praier, 4to. * Grimstone, Fdw., Imperial History, 1623. "^^Gunier, His Workes, fol. ■• HaJclvA/t, Voyages and Discoveries of the English Nation, 1598, fol. ^ Sail, Br. Joseph,, His Treatises, 1625. * Harmony of the 1st Book of Samuel, fol. THE OLD BERMUDA LIBRARY. 599 3 Hebrew Bible. APP. ix. „ Grammar (see Martinis). ^ „ Psalmes, 8vo. * Herodotus. Heiron, Q. Jerome ; see Samuel, fol. ^ Hooker's Ecclesiastical Polity, 161?, fol. ^ Homer's Iliads in English, fol. * Homilies, fol. ^ Horace, 870. ^ James King, His Workes. ^ Jamies, Of the Corruption of the Fathers, Q. Jamesius, Treatise of the Corruption of the S. S. by Prelates of Rome, 1(511. ^ Josephus, Antiquities of the Jews, fol. ^ Justini Historia, 8vo. ^ Lipsius, Epistolarum Selectarum Chilias, 8vo. ^ Livij, Historia Rom. fol. ' Luther's Postills, Q. fol. ^ Margery, Comentaries, 8vo. 2 Marloratus, Enchiridion, 8vo. Martini's Grammatica Hebraea, 1580. ' Martyr, Peter, Commonplaces in English, 1576, fol. ^ Mercator's Atlas in English, 1576, fol. ^ Minshoeus, Dictionary, 1617, fol. ^ Morenoes, De Religione, 8vo. ^ Nerzalias, Sive Thesaurus Ciceronias, fol. ^ Ovidii, Metamorphoseon, &c. 870. Pare us in Hoseam cum Aliis Opusoula. ^ Pemble's Sermons, Q. Of Grace and Fayth, 1635, 4!to. ^ Perkins' Oases of Conscience, 4to. 3 „ In Galatas, 1603, 4to. 3 „ In Hebreos, 1603, 4to. ^ „ On Jude, 4to. ^ Picolhomini, Vniversa Philosophia de Moribus, 1601, 8vo. ^ Platoes "Workes, Greek and Latine, fol. ^ Phitarch's Lives in ffrench. ^ „ Opera, vols. 8, 4to. ' „ Workes, Greek and Latin, vols. 2, fol. ■' Poltie, Sp. . . de Keckermani. ' Polyanthaea Nova, fol. ^ Prynne, His Anti-Arminianism, with other Books, 1630. ^ „ Of Regeneration (Q. The Perpetuity of a Regenerated Mans Estate, 1626), 4to. ^ Puginni, Thesaurus, 8vo. 3 Pulton's Abridgement of States of England, 1606. *> Sastell, Of the Statutes (Q. Exposition of Certain Difficult and Obscure Wordes and Termes of the Lawes of our Realme, 1579), fol. ^ Bawlegh, Sir Walter, History of the World, fol. ^ Bichardson's Logick, 4to. ^ Roger (Q. Tractatus), Seven Treatises, 1550, fol. ' Sabbath, The Doctrine of the, 4to. 600 APPENDIX IX. APP. IX. Sadeelij (Q. Sadoletus), Opera Theologica, 1C07, 4to. ■ ' ■ * Sammtll Sieron's Sermons, fol. ' Sandys, Sir E., Europss Speculum, 1632, 4to. ^ Seneca, His Workes in French, fol. ' ,, Opera, 8vo. Smith's Sermons " Sophocles' Tragedia, fol. ' Stapletonse, Promptuarium Morales, 1617, 8vo. 3 Stubbij ? Noctes Atticse, 8vo. 3 Tg^ence, in English, 4to. ^ Theatrum Terras Sanctis, fol. Thesaurus, vide Gooper, T. ^ Thomse Aquinalis, Summa Totius Theologi®. * Thucydides, Of the Peloponesian Warre, fol. Tobalem en tons les Opuscules de Pultarque (^sic), 870. 3 The Trials of Witt, 4to ' Turner's Herball, 1651, fol. ' Tyndal's Bible and Prologues, fol. ^ Venetis Historia Interdict!, 4to. * Willett's Hexapla in Exodum, 1608, fol. ^ „ On the Romans, fol. ^ „ Synopsis Papismij, 1632. ^ ,, Ajiother copy, fol. * Wilson's Christian Dictionary, 3 Wotton's miith, Ato. TRIALS FOR WITCHCRAFT. 601 Witchcraft in the Somers Islands, 1650-1696.' The prevailing delusion of the seventeenth century, which, app. X. under the stimulus and direction of Matthew Hopkins, filled """ — ' ' England with such unspeakable horrors for some twenty years, commencing about 1 645, took form and substance in the Somers Islands very shortly after that year, without any apparent provocation, concurrently with the appointment of Captain Josias Fforster to his last term of of&ce as Governor. That he was immediately responsible for it cannot be proved. It is not at all improbable that new arrivals from the mother- country, or the Scotch prisoners about this time sold into servitude in Bermuda, may have brought the superstition with them. But it is certain that he lent himself very readily to it, and took an active part in the persecution of many harmless old women and half-crazy men. For nearly thirty years, notwithstanding the Instructions of Churchwardens and Sidesmen to present all sorcerers, enchanters, charmers, figure-casters, or ' whoever hath or seemeth to have any consultation with the divell,' ^ we have no example of any such presentment either by Church officers or by Grand Juries. But at the first of the assizes presided over by Fforster of which there is a record, we have the travesty of judicial enquiry, and the worst features of judicial cruelty, fully developed. It deserves remark, however, that there is no evidence of misguided zeal in the clergy as having fomented this delusion ; as it sub- sequently did in New England, although a clerical hand must surely have framed the Confession of John Middleton (p. 610). The Eev. Nathaniel White was still in banishment at Eleu- theria, with most of his Independent followers, including the aged Copeland. There is nothing to connect the two Eoyalist clergymen. Hooper and Viner, with the movement, which was of Puritan origin, as appears clearly by the part taken in it by Stephen Paynter, William Wilkinson, and others of that party. ' The greater part of this Appendix was printed in the ' Archaeological Journal,' vol. xxxii. 1875. * Vol. i. p. 320 ; compare with Deut. xyiii. 10-11. 602 APPEJiroix X. APP. X. These trials form an episode in the social history of the Planta- tion which is singularly characteristic of the age ; and as Fforster is responsible for all the worst of them, they may here be brought together in a group, in connection with his term of office, although the last of them belongs to a period so late as 1696, when the colony had passed from the Bermuda Company to the Crown. The entries mostly occur in MS. vol. iii., which is unfortunately in a very bad state of preservation. 1. Jeane Gardiner, 1651. An assize and generall Goale delmerie held at S' Georges from the nineteenth daye of Maye to the 22nd daye of the same month, 1651.' Capt" Josias fforster Grovernor &c. (1) The Jury for our Soveraigne Lord the kinge Doe present Jeane Gardiner the wife of Balph Gardiner of Hamhleton tribe for that y® said Jeane on or about the 11th day of Aprill 1651 feloneously deliberately and mallicionsly did saye that she would crampe Tomasin a muUatto woman in the same tribe, and used many other threatenninge words tending to the hurt and injurie of the said muUatto woman, and within a while after by practice and combi- nason with the devill feUoneously did practice on the said muUatto the diaboUicall craft of witchcraft, insoemuch that the said mullatto was very much tormented, and struck blind and dumb for the space of twoe houres or thereabouts, and at divers tymes in other places did practice the said devilish craft of witchcraft on severall persons to the hurt and damage of their bodyes and goods Contrary to the peace of our Souveraigne lord the Kinge his crowne and dignitie. To w"'' indictment she pleaded not guilty but beinge the grand inquest found a trewe bill and for her further triall did put herselfe uppon God and the Gountrey, wch beinge a Jury of 12 sworne men did find her guiltie, whereuppon the sentence of death was pronounced upon her, and accordingly she was executed on Munday the 26th day of this instant May at S' Georges before many spectators. (2) The proceedinge against this woman was longe and teadious, by reason of many accusacons The Gouvenor and counsell was very carefuU in findinge out the trewth. They caused a jury of woemen to search her and one Goody Bowen wh was suspected : they returned as followeth. Havinge made diligent searche accord- inge to our oathes we cannot find any outwards or innwards mark soe far as wee can p.ceave whereby wee can in conscience find them or either of them guilty of witchcraft, onely in the mouth of Goody Gardiner there is a blewe spott wh. being prickt did not bleed and the place was insensible but being prickt close by it it bled the wch wee leave to the judgme* of Phisitians. M' Hooper and the chirurgions being appointed to viewe that spott the daye that she was to come to her triall and it was fallen away and flatt, and being • The -words in italics are defective in the MS. WITCHCRAFT. ANNE BOWEN. ELIZABETH MIDLETON. 603 prickt it bled and it was knowne to be there 18 yeares, and for APP. X. further triall she was tried and throwne twice in the sea. She did swyme like a corke and could not sinke. These signes and other stronge evidences in Court condemme her, yet neverthelesse shee would confesse noethinge att her death. Shee was demanded in Court if she could giue a reason why shee did not sinke. She an- swered that she did open her mouth and breathe but could not sinke. (3) The names of the Jury of woemen appointed to search the bodies of Anne Bowen and Goody Gardiner : — M" Ellen Burrowes AUice Sparkes M'" fflora Wood Bliz. Brangman. M" Eliz. Stowe And seven others whose Christian names only can now be read. 2. Anne Bowen. At the same assize. The Jury for our Sovereaigne Lorde the Kinge doe present Anne the wife of Richard Bowen vppon suspicon of witchcraft, and for want of further evidence at present doe pray that she may be con- tinued until the next assizes. The court ordered that she should be continued in the good behaviour and to appear at the next assizes. M' Francis Watllngton, M' John Harnett, were her securities in 2001bs of Tobacco. She appears by the preceding entry to have been indebted for this escape to the absence of witch marks on her person. The record of the assizes of the following October is imperfect and the name does not reappear. 3. Elizabeth Midleton, 1652. The Jury for the keepers of the Liberties of the Commonwealth of England doe present Elizabeth Midleton of Sandis Tribe spinster ' for that she in the month of September last past did use many cursed speeches against a young child age 9 months, of Anthony White's of Sandys Tribe afforesaid after which it fell into strange fitts. And by her combination with the Deuill did use that abominable Practice of Witchcraft upon the body of the child, and thereby did destroy yt contrary to the peace of the comonwealth of England and the dignity thereof. The grand Inquest found this bill ' Ignoramus ' and the Prisoner acquitt by proclamation. The names of seven women that were warned to search her body are entered ; but this step does not appear to have been actually taken. ' The term seems to mean one who lived by spinning. We hare it applied to another married woman (p. 627), Elizabeth BedwoU. 604 APPENDIX X. .^PP-^-. 4. Henry Ward, 1653. The Jury for tlie keepers of the liberties of the comonwealth of England do present Henry "Ward of the Som' Islands Planter for that he in or about the month of febuary last past in Ano 1652, not hauing the feare of God before his eyes, did consent with the Deuill to bewitch the Turkeyes of Thomas Atkin of the Islands aforesaid w"'' cast them into strong fitts so that they at last died by that diabolical practice, contrary to the peace of the comonwealth of England and the Dignity thereof. Bill ignored, and the prisoner was cleared by proclamation. 5. John Midleton, 1653. At a court held the 3rd of Maye 1653 at Greorges Towne in the Som"" Islands for the Triall of John Midleton of Sandis tribe, were delivered in these attestations ags' him as ffoUoweth. The examynation of John Midleton taken before Capt° Josias PTorster Grovnor of the said Islands by Anth" Jenour Secretary April J" 13th 1663. John Midleton being accused for bewitching of a skotsman called John Makeraton, who then dwelt with Govnor Captain Josias Eforster answered that he was no witch nor had he any knowledge that way, nor had he done harm to the said Scot but good, for he had healed his legg w'^'^ was hurt at the catching up of calues that were lose. It being demanded further of Midleton whether he & the Skot did not fall out about gathering hogsmeat in his grounds he an- swered Yes, and he went to strike him and he turned to him agayne so they parted that tyme. Being demanded if Midleton did ban or curse him & threaten him, the Skot answered no, for he could not remember yt and he said that he not being in perfect understanding was not able to be examyned at all tymes by reason of strange fitts that he was fallen into, the Gou'' Capt° Josias fibrster affors'^ then thought it requisite to enquire of certain of his cuntrymen that best could understand him, what they had herd the slcotsmcm Makaraton say about himselfe & Midleton, who testified as fiblloweth. (1) Jeames Blake being examined upon his oath, sayeth that upon friday the — day of April 1653 wch was the daye that John Makarraton was brought to prison, he sitting downe upon the grounde by the prison door fell downe backward & grew so stifle that they could not bend him in body legg or arme And he being brought into the prison came agayne to his senses & talked very discreetly & soberly & being offered victualls he did eate it, & gave God thankes, And after this he did relate unto him all the whole of the difference betweene Midleton & himseK & how he came hurt on his legg, & how he fetcht hogsmeat, & how his present griefe and distraction came upon him by degrees : which was as foUoweth. Att first he grew solentary by the space of a fortnight & in the middle of thes solentary fitts, as he was in bed he saw a thing in the WITCHCRAFT. JOHN MIDLETON. 605 shape of a man, black in culler, two severall nights, who sate npon him very heveyley & asked him if he would loue hym & he answered noe. I will loue God And on Satterday about noon he fell a roareing and cried out so to God : and after this he would not acknowledge anything that day. But at night, in a fltt, this deponent saith that he herd the Skott say I am terrified enough for Midleton's hogsmeat, & in that night he saith that he heard Makaraton as he was by hymselfe name the name of Midleton very often, and on the Sabbath day in the morning he being in his fitt said that Midleton came to strike him : & he went to strike him agen ; & so he continewed in his fitts until afternoone that the people were ready to go to church. And then he herd him say that he was not there as a thefe or a rogue but because ye Lord's hand was upon him : and said that when M' Stow badd the people depart & goe forth : he saw Midleton betwixt 2 hogsheads as they went, and he thought to goe and lay hands on him & then he saw him rush out amongst ye people. But when he came to himself he denied y*, a while after as they were talking in another roome he called to them & asked them what he was that they were talking about Midleton. Then they told him they were talking how he denied after he had told them about striking & then he called this declarant to him & told him, how that he saw Midleton betweene 2 hogsheads. (2) Alister Smith being examined the same tyme af&rmeth on oath that this attestation above deliuered by Jeames Blake is the truth. And the said Aliston further attesteth that he being in prison he herd John Makaraton say (poynting to the gallows) that he should never be well untill he saw Midleton hanged upon the Gallowes. And after this in the night did here Makaraton say lookinge up All Ah Midleton art thou eome to choake me & further saith not. (Signed) Jeames Blake,' Aliston Smith. (3) M' John Stow Marshall affirmeth y* these attestators hath declared all these things before attested : or the substance of them to himself. And further saith that he tooke especial notice that after John Mokoraton had confest any thing about his prsent dis- traction or about Midleton he was worse tormented than before. (Signed) John Stow. (4) A negro Boy called Symon being in prison, in another roome where this Makeraton was prisoner, he saw through a great hole in the wall a thing of a blacke culler come from towards the place wher he laye & ran so swiftly that he could not well tell the shape of it, which thing went out of the privy hole. Att that in- stant he heard the man give a thump & make a noyse which before he thinks was fast asleep. (Signed) Stmon. ' Nearly all the depositions are signed. Out of 37 witnesses, 16 seem to liave ■written their names, 21 sign with a mark. This latter number includes all the female witnesses. APP. X. 606 APPENDIX X. ■^^^- ^\ (5) Upon these and many clear grounds of snspition of Jobn Midleton being guilty of witchcraft Captain Josias Pforster GoTnor appoynted the Beverall men to search Midleton which follow. Names of the Jii/ry who weare appoynted to search the body of John Midleton the — of April 1653. Willis Peeter Lun Henery Parkers Bristow Eobert Powell Thomas who made report as ffth And do affirm that upon the search of Midleton's body they sirefcfeecZ out his body upon a chest And there- upon discovered first one teate or dugge about the biggness of a catts or bigger, wh teate or dugg was moyste & they say that Midleton confest that the moystuer yssued from that Teat They affirme further that right oyer against that said Teat or dugg, they found another yet not altogether so bigg or great as the other, wch had no sign of moystuer at present. They farther afiBrme that they found on his body diners suspitious markes & spots Blew in culler. They say further that because they desired to be better satisfied amongst themselfes they concluded to search each other, to see whether there might appear any such markes upon any of themselues, w* they did accordingly, but they affirm that they found not any, nor the likelyhood of any. (6) The examinacion of Margery Tucker taken before M' Stephen Paynter & M' William Wilkinson the ISthofAprill 1653, deliured upon oath. Who saith that about August last being at the house of Samuell Wbittney, and coming from thence homeward in the company of John Midleton & others, she heard the said Midleton saye that he was a Witch, repeating it severall tymes, that he had the priuate marks about him [inter anum et testem] & further saith not. Signed wth the mke of Maegbet Tockbe. (7) The examination of John Burch deliuered upon oath the same daye. Who saith that about the tyme afibresd he being at the house of Capt" Eobert Pulford, there was then present John Middleton who at that tyme made over his estate by a deed of Guift This Exami- nate being called for a witness, and set his hand to the deed : he heard the said John Midleton say That Leiftenant White entended to question him for a witch And if he were hanged he should be never the better for what he had, and said, If I be a witch, it is more than I know, and he put downe his Breeches and showed a marke . . saying he had showed that marke to the Guvnor & to M' Paynter & that yt was all the marke they could find about him. Further saith not. John Buech. (8) Thorn Hess and Michel Burro wes exam, before ^^e court for the Triall of John Makaraton the 4th of May WITCHCRAFT. JOHN MIDLBTfiN. 607 Who saith that after Midleton came out of the water ' and was APP. X. talcen backe to prison, they being there with him asked him what he could now saye for himself : seeing he had ben also tried by water desierd him to confes the truth to them & they doe both say that Midleton told them that he was a Witch & that he knew yt not before : they affirmed also that they did ernesily perswade Midleton to discover other witches if he knew of any in these Islands. To which he answered that the wife of Tho' Stevenson was a witch, as badd a one as any in the world. And said also that Goody North was a -witch he feared, but did not positively accuse her to be a witch. (9) The examination of Elizabeth Midleton wife to John Midleton : taken by M' Stephen Paynter and M' William Wil- kinson Councellers, taken the 15th of Aprill 1653. Who saith that in the tyme of her trouble she hath said that there is a witch amongst us. It was her husbande & not herselfe, that she suffered for his cause. And she hath said since her husband was sent to prison That they have taken a wrong hogg by the eare, all this while that they accused her . . Biot now she declareth that she hath no ground to accuse her husband to be a witch although she hath spoken thus of him in the tyme of her distemper, and fur- ther saith nott. Signed with the marke of B. M. Elizabeth Midleton. [Part of this abominable woman's evidence is grossly indecent.] (10) The examination of Eobert Priestley taken before M"^ Stephen Paynter and M' Wilkinson Councell April the 17, 1653. Who saith that on Fryday last being the 16th of this instant he being removeing M' Tucker's cattell in the evening in a peece of ground near to the house of John Midleton, he saw right oppositt agt the house a Black creatuer lye soe upon the ground {sic) in the shape of a catt but farre Bigger, with eyes like fier, and a tayle near as long as a mans arme And this examynate being some whitt daunted at the first sight, yet tooke courage & went upp close to yt to looJee on yt. he only saw it move the head, and drawne his knife wth a resolution to stabb yt : as he lift up his hand and knife to strike at yt with all his force he heinge a strong man, he found he had no power to strike it. Att which this examinate was so amazed and affrighted that his hayre stood up right on his head, and he departeing from yt looked backe, & sawe the said creature turne the head and looked wishfully after this exam*, but he ran away & left yt : reporting the same to the seruant in his house, wth much feare. And further saith not. (Signed) Robeet- Phiestlet. • This shows that Middleton, like Jeane Gardiner, was subjected to the ordeal by water. 608 APPENDIX X, APP. X. (11^ JqJjh Midleton being at the Barr, after Jie was sent for out of the prison, spake as followeth. It beine: demanded of him by the Governor whether he knew any other Witches his answere was that he feared there was too many, & prayed god he would shows them : being urged to reveale such as he knew & had spoken SMspitiously of to the Gouner He askt him what he could say of Goody Moore ? he answered he feared that she was a naughty woman & his reason was because he saw her in her window in a witches hatt & further that she then scratched him by the face : wch he told abroad to others & she knowing of yt when she mett him spake & desired him not to bring her into question and trouble : Midleton being desired to tell when he had this discourse with her, he said that it was when his owne wif was in trouble about suspition of witchcraft Then it being demanded what he could say of Goody Stevenson, he said that he thought her to be naught, for he being at Thomas Ffarmers house, there was Goody Stevenson, & hee & she had some speach & he saying words that did not please her, & hee & shee they fell out & parted, he went home by the hill & going up the hill he sawe 2 thinges in the shape of catts : and thought at first sight they had been his owne catts untill he had better considered them, & then he perceauing them to differ in culler, he was afrayd, & turning to looke after them again, they were vanished out of his sight., Midleton further saith : that being at John Ashe's house he met her there also. And when he told her that she was naught, for he had herd that she had given Goody Butler a Rose & after she had smelt on yt the woman was very much troubled and ill or sicke, & then she answered him that yt was true that such a Report there was about giving her a Rose, but she gave yt to her for noe hurt to her. And saith that he met her at Thomas Homers another tyme & then he told her that she was naught : for Georg had a beaste was sicke & died, and wen yt was opened yt had not any blood in yt. Midleton then was asked by the Governor if he would speake these things to Goody Stevenson's face to wh he answered he cared not although he did & said he would do yt. (12) Christian Stevenson being sent for to come into the court Midleton told her of all the before mentioned passages to her face at the Barr, when she denied not but that Midleton & she had such discourse together, but yet denied that she had used any kind of witchery, or had any knowledge of any such thing, & wthaU wished that god would show his Judgement on her if she were a witch, or had done any such thing. (13) Then Midleton said I thought that a man could not do the thinges I was accused for & prayed that god would show his judgment upon me as you do. But since I came to prison I prayed to the Lord to discover yt to me, and now he hath found me out & made me know that I was a witch, wch I knew not before : & said I blesse God for y t. Goody Stevenson replied that she for her part was wrongfnlley accused for she knew nothing that did belong to any WITCHCEAFl' — JOHN MIDLETON. 609 such thing. John Midleton said unto her I know that yon are a APP . X. witch as well as I & said perceuing that you are a witch I would ' ' ' have thee jwlged. After the Court was cleared and none remayneing in y^ sessions house, M" Stow & certain other women were appoynted to search Goody Stevenson, and they having some conference with John Midleton, he told them that if at any tyme, they intended to dis- cover witches by signes or markes they must not delaye yt but goe about it suddenly. And as for their Teates or markes wch the ympes do suck ; after their sucking these Teates wilbe pale & hard SOB that if you offer to enter them wth an Instrument you shall hardly enter them, but if you do try them with y' Instrument crie Twang : and as for those that do not suck after their desire, that those teates or mkes will be redd because of moystuer in them, and they being prickt they will seem to bleed but it is not blood, but redd waterish blood & not blood although it may appear so to you. (14) At a Court held the 3 & 4th of Maye 1653 att Georges Towne in the Som* Islands for the Trial of John Midleton now p''sent. Captain Josiah Fforster Gou''nor. Capt Roger Wood, Council!' & Comander of Pagets Ffort. Capt" Richard Jennings, CouncelF & Comander of Kings Castle. Oapt" "William Seymer, CouncelF & Comander of Southampton Ffort. M"' Stephen Paynter, CouncelF of Southampton Tribe. M' William Wilkinson, CouncelP of Sandis Tribe. M' Richard Norwood, CouncelF of Devon Tribe. M' John Miller, Councell' of Hamilton Tribe. M'' John Waynewright, Councell"' of Warwick Tribe. M' John Wentworth, Councell' of Pagett Tribe. The names of the Grand Inquest : — M' Robert Kestawen M' Gilbert Hill M"" Thomas Woode M' Chauncey Sandis Capt" Thomas Burrowes M' Henery Moore Capt" Robert Pnlford M' Thomas Browerton Capt" Fflorentia Seymer M' William Lancton Capt" William Williams M'^ William Lyndith Lieften* William Nelmes M' Thomas Hilton Bnsigne Edw. Brackley M' Samuell Beadle. The Jury for the keeper of the Comonwealth of England doth present John Midleton of Sandys Tribe in the Somer Islands, Planter, for that he not having the feare of god before his eyes hath feloniously wickedly and abominably consulted & consented to & with the Devill to become a witch. As doth appear by severall signes and markes upon his Body, and that diabolicaU sin of witch- craft hath put in practice now lately up<5n the Body or person of John Makaraton a skotsman of about the age of 50 years : and him hath vexed tormented & disquieted contrary to the peace of the Comonwealth of England & the dignity thereof. This Bill being put to the consideration of the Grand Inquest VOL. II. R R 610 APPENDIX X. APP. X. -j^as found Billa vera and for his further Trial he put Hmselfe upon god & the Country whereof a Jury of 12 men sworne did find him guilty and sentance of death was pronounced upon him, and he was executed at Greorges towne at the comon place of execution the 9th of May 1663. The Jury of life & Death are as ffoUoweth : Jeames Newball foreman & 11 others. (15) The following is entered some pages further on in the book. ' A note of such sins as I John Midleton haue committed from my youth soe farre as I can call them to mynd or remember ' wch were read and confessed by him at the place of execution before his death : — 1. Disobedience to my parents. 2. Purloyneing from them and others money and goods. 3. Running awaie from School. 4. Ffor purloyneing of goods wurth 20' & deniing yt & wishing that god would judge me at the tyme of need if I had yt. 5. After my comeing of age for drunkenes, swearing, cursing and gaming for many yeares. 6. Tor adultery with English and Negroes. 7. For contempt of godliness & god though I went to church, wch was for fashion sake. 8. For neglect of the sacraments. 9. For consenting to the stealing of Turkeyes, 10. For making debate betweene neighbours. 11. For Lying. 12. For making awaie my wiues estate. And making her case worse than it was when she was in trouble for witchcraft & for her goods I put awaye and denyed them until she found them with other folkes. 13. I did curse John the Scott for cutting my pastuer. 14. Crimen Jiaud inter christianos nominandmn.' Signed with the mark X of John Midleton. 6. Christian Stevenson. Here ffoUoweth several attestations taken agaynst Chris- tian Stevenson and Alice Moore upon suspition of witchcraft.' The examynation of Christian Stevenson taken before Capt° Josias fforster Gouiior, Capf Koger Wood and the Secre- tary, the 9th of Maye 1653. (1) Christian Stevenson having been accused in open court by John Midleton to be a witch : and she being now examined : she denyeth it & saith that she is noe witch : yt being then demanded ' The entries in tlie original are mucli confused ; they are here put in the best consecutive order the case allows ; the conventional use of & in the MS. and the varieties of spelling are retained. WITCIICKAFT — CHRISTIAN STEVENSON. 611 of her how she came by the duggs & markes of a witch that were -A PP. X.^ found on the inside of her cheekes she answered that those markes ' ' ' came by reason of an Impostume of the one side. And the other came by a ragged Tooth on the other side, and this was abont 5 yeares since, and saith that Goody Todd badd her lay the curd of a lemon possett unto the said impostume (and M" Dunscombe was then present) whch curd brake it And it hath bin ever since and the other by the ragged tooth aforesd which was filed by Thomas Duns- combe & further saith not. (2) Thomas Dunscombe being examyned saith that if he did file any such Tooth of Goody Stevenson it was more than he re- m.embers. (3) The wife of Thomas Dunscombe being then esamyned also sayth that she doth remember that Goody Stevenson askt her husband to file a Tooth but whether he did file it or noe, she knoweth not & further saith not. (4) Thomas Murrill examined the same day as Thomas Dunscombe Who saith that goody Stevenson came unto his house to buy some- thing & she brought with her a croseleth wrought with gould, & wold have him purchase it, but he refused yt & would not meddle with her tone & then she would buy some paper for a dollar that she had, he refused that alsoe at wh. she went awaye very much discon- tented as it seemed to him. And before even, the same day, his child fell extreamly sicke & it continued- with sore & vnnaturall paynes untill it died & further & saith not. Signed with the mke of Thomas Muebill. (5) The attestation of Dorothy Budd taken the same tyme Who saith that she being nurse of the wife of Thomas Murrill, when she came first into the house she saw the wife of the said Murrill to have sore Breasts and heard Goody Stevenson bid her lay a ragg dipt in rayne water to her breast. But she told her that she would have none of her medicenes. After this her child was taken with a greavons groaning & paynes until yt died. . . . Signed with the marke of Doeotht Budd. (6) The examynation of G-oody Burch taken at the same time Who saith that she being sent for to M" Murrill when the child was sicke she went to yt & Looking uppon yt & found yt very ill & yt had hoils upon the breast, wch had a black speck or spott on y^ head of the same to wch they layd a plaister & saith that yt ran to & fro in the body and at length yt broke and ran. And after that the flesh grew away from the bones so that they might see the ribbs very grgavous to behould, and after that there arose another hoil with a blacke spott or specke on the backe of the child. She 612 APPENDIX X. APP. X. affirmetli that wten the child came into the world at first : yt was ^'^ ' — " borne healthfal and without spott or blemish and as free as any child in the world & further saith not. Signed with the marke of Elizabeth Buech. (7) Mary the wife of Robert Dickenson being present the same tyme afiirmeth upon her oath that wch the other 2 witnesses hath declared as the truth : so doth M*™ Murrell y^ wife of Thomas MurriLl affirme the same also. (8) The attestation of Anne wife to Daniell Buller taken the same tyme Who saith that Goody Stevenson & herselfe having had dealings together formerly at length they fell out about two pence : yet afterwards they grew friends agayne. And one afternoone she said Goody Stevenson came unto her & gave her a Rose & this deponent saith that she kept the rose in her bosom all the night following. And in the night as she was in bedd she felt a perfect hand in her bosome (In her best Judgment) wh hand did by force pluck her up- right in her bedd : do what she could to the contrary. And then she herd a voyce say unto her, doe not strike I'le do thee no harm & the next morning herselfe & children sought for the rose in the bedd & up & downe the house but could not see nor fynd so much as one leafe of yt. Then the next morning Goody Stevenson came to her house & then this deponent askt her if she had fetched away the rose that she had given her : to wch Goody Stevenson replyed & said that she came not that way since until now, and after all this, this deponent aifirmeth that she was haunted every night for the space of a yeare & half after, until at length a thing having the shape of a woman came in the night and took her by the throat & this deponent saith that then she got her by the throat also wth one hand. And with the other hand got her by the head and she per- ceiued her to have short haire upon her head & then shepuld of her bed clothes and laid them under her, thinking to keep them safe enough, but could never after that fynd them, and then this declarant saith that she still held her by the throat wh one hand & wh the other got her thumb in her mouth & bitt it soe long that her mouth was all clammy with the blood. And in the morning she found 3 drops of blood upon her neckcloth & this deponent saith that the thing that harmed her appeared unto her in divers shapes .... when she had that combatt and found the dropps of blood aforesaid this deponent saith that Goody Stevenson came unto her & had a clout bound about her thumbe & when she asked her whether she did not bite her hy the thumbe or not last night for she had bitten somebody by the thumbe last night : and after this she saith she was never after hanted any more ; but after these passages heiweene this deponent and Goody Stevenson she had spoken of her biting by the thumbe to divers people, upon wh goody Stevenson would neede be searched by woomen, and after that searchme^ite saith that they had several cattell died, & had severall hoggs that were in good WITCHCEAFT — CHKISTIAN STEVENSON. 613 pHgM, yet would not eat thougli they had come by them & were APP. X.^ forst to kill them or else they had died & saith that they had a sow that had young piggs sucking [w"'' turned sicke ?] & would turn round & dyd soudaynely. This declarant saith that she had a child borne into the world very likely to live & doe well. And it pyned away by the space of 8 quarters of a yeare & then died & further saith not. The marke of Anne Btjllee. (9) The Attestations of Elizahith the wife of Henery fford & Nicholas Ellis taken the same tyme Who saith that her mother M"^ Pitt having three shoates^ loose that would turne round & soe 2 of them died, at length the third turned round alsoe and was dying, wch they perceiuing went & told M" Pitt, who coming to see yt badd thim stoeke yt & scald it, but when they could not get the hayer off wth skalding they J aye the shoat upon two trevitts & said it may be Goody Stevenson will come by & by, & before they could get the hayre of one side goody Stevenson came thither and askt them if M" Pitts had her spiders tooth (sic) home yet or noe, to wch was answered you know yt is come home well enough for your self left word wth M" Jones to bring yt home : but Elizabeth saith that she doth not perfectly remember whether it were herselfe that answered goody Stevenson or some other that stood by & further they say not. Ificholas Ellis confirmes this attestation to be the truth also. " Shoates, a provincialism for young pigs. The term is still in use in Bermuda and in New England. Ther's critters yit thet talk an' act Fer ■wut they call conciliation, They'd hand a buflflo-drove a tract "When they was madder than all Bashan. Conciliate? It jest means be kicked. No matter how they phrase an' tone it ; It means that we're to set down licked, Thet we're poor slmtes an' glad to own it. Hosea Bigelow, No. vii. p. 30.5. Obituaet ! ! — Died, on Friday last, of suffboation, on board Mr. Somner's Mail Carriage, while on its way from St. George's to Hamilton, a fine fat shote, by no means regretted by his fellow-passengers. The deceased was at first ac- corded a berth inside the carriage, but manifesting a strong inclination to jump into the laps of some gentlemen, at their suggestion, was removed to the box, where, in a short time, he ' shuffled ojf this mortal coil.' We never have had the good fortune, before, to travel in a country where pigs were considered the eligible and elbow passengers of gentlemen, but it seems to be all-right on board the St. George's Mail Car ; the contract does not say it is wrong; that document states that provision shall be made for fi.ve passengers— the presumption is five well conducted members of society — but as this is not distinctly specified in the contract, we sup- pose that a pig, if he 'pays his fare, which is all the Contractor cares about, has as much right to travel by Mail as Messrs. Brown, Jones, or Eobinson. What say the P. 0. Authorities ? Is this view of the subject wrong f — Bermuda Colonist, 4 September, 1872. The word occurs also in vol. i. p. 577. 614 APPENDIX X. A PF. X. po) The attestation of Prudence Seares wife to Gruy Seares of Pembroke Tribe taken the same tyme Who sayth that she was entreated by M" Burrowes to demand 12<' of goody Stevenson due for a payer of Spectacles or in lew thereof to get her 2 fowles if she had not money, and at length they fell to words about yt : And this deponent saith that Goody Stevenson called her plunder mouth & said that she could teare her flesh from her bones, & many other speaches to the like purpose & that very night the deponent saith that her tongue was puld out of her head and hanged out hke a beastes tungue & was rough like a beastes tongue, so that she could not eat nor goe to church by the space of many days. She saith that this discourse was at M"' Blwickes house in Pembroke, & she affirmeth further that yt was 3 tymes that she had differences with goody Stevenson & all these tymes her tongue was drawn out & rufe like a beastes tongue. Signed with y" marke of Peudencb Sbaees. (11) The attestation of the "Widow Hopkins late wife to Henery Hopkins of pembroke tribe taken the same tyme Who saith that the said Goody Stevenson lent her some butter and she came for yt & demanded yt : this declarant told her she had not enough to pay her, but prayd her to stay till she had churned & could provide yt for her & this declarant saith that she went churn- ing & continued soe doeing all the day untill night & she saith that goody Stevenson came to the house severall tymes whilst she was chameing & asked her if she had done. But this declar* replyed & said her butter would not come : & coming at last to aske This depon* told her y* would never come now for her husband had throwne yt into the Piggs & then she went her way and when she was gone goodeman Hopkins said to her, Wife pray god that this woman be not a witch and within a while after about an hour she said goody Stevenson came to the house & said to this deponent & to her husband, that neither she nor her husband had bewitched her butter. This deponent saith further that she being present at the search of goody Stevenson by woomen at M'' Barkleys house she was taken with divers paynes & tortuers in her body so that she lost her child that she carried withal in a Strang & Tuuxaturall in&nner & further saith not. Signed with the mke of Widow Hopkins. (12) The attestation of Thomas Wiuerley taken the same tyme as flls. Who saith that about two years agoe goody Stevenson offered him a Rose wh he refused to take at her hand wch she percieuing said to him I am noe witch. And saith that after this he was haunted as he laye in his bedd & saith that he is fully persuaded that he saw WITCHCRAFT — CHRISTIAN STEVENSON. 615 Goody Stevenson in one of those fitts twice being demanded wbat APP. X.^ manner of fitt he had, sayth that as soone as he was turned upon his side he was presently turned upon his baoke with voyolence & is then in great tortuer & saith that he hath been thus haunted this halfe yeare & doth veryly beleive that thus being haunted in this manner is the cause of a great weaknes that is upon him & saith further that the side of his wife that lyeth next to him in the night is very blacke although it is not soe when they lye downe together. Signed with the marke of Thomas Wiueemy. (13) The attestation of Marye Hopkins taken the 17 day of Maye 1653 by Antho Jenour Seer'' Who saith that about 4 or 5 yeares since she had bin at goodman Sanders his house & as she was goeing home she oertook goody Stevenson, & coming behind her goody Stevenson would have her goe before her wh she refused to doe because she was her elder & told her it was not meet for her to goe before her, wth that she came to her & pusht her forwards And then she askt her if Trees- dall were at home that day. She answered noe then Goody Stevenson eayd to her that she would come or send for him betweene this & night. And at night goeing into her master Stowe his Buttery to carry in some planteing rootes, and being there she felt herseife bitten by the arme. Signed Maetb Hopkins her mke. (14) The Attestation of Sarah Demcombe taken the same tyme as ffg. Saith that this declaration delivered by Mary Hopkins is the truth according as the said Mary Hopkins told yt them at the tyme being, & saith further that she had at that tyme in her ffather Jones his house, herd her cry out & say oh lord oh lord goody Stevenson was pinching her or biteing her. She saith further that her mother herd the words the same tyme spoken by the said Mary Hopkins & this deponent affirmeth that she peeld up her sleeve to look what she ailed & that she saw her Arme as though she had bin Bitten & further sayth not. Signed with the mark of Sarah Djenicombb. (15) The ezamination & attestation of Henery Bishop taken the same daye Who saith that about 4 years agoe he being at M"^ Attwoodes house in Hamilton tribe and ther was Goody Stevenson and M" Attwood askt this deponent if he had any hookes & lynes to sell to goody Stevenson he answered no. Then goody Stevenson replyed & said that old lynes would doe her turne for her, some to catch her some small fish wthall. Then this declarant went home : and picked some such he found & sold them to her : And that night after she was 616 APPENDIX X. APP. X. gone lie saith. that lie dreamed that he saw a sperritt follow him And he running to shun it fell into a cave & called ont to William fford as he was shuning yt to help him & when William fford came he askt him how he came there & he thought he tould him tJiSkt Stephen Stevenson had bewitched him and as soon as he thought he desiered him to haue a care & take heed how he came rdgh, but he fell into the cave also, and he thought he made soinethmge to come downe to him & offered to lift him up. And then he i^ought that he was emediately very sensible desiring god to 6Zesse him, for what a Strang dreame have I bin in. And now he knew himselfe to be perfittly awake and desiered to sleep & going to turn himselfe in his bedd was not able to stirre & so coutynued for the space of a month not able to turne himselfe without great paynes, w^h griefe caused him to cry out grieuously & further sayth not. Signed Henekt Bishop. (16) The Attestation of Thomas Seawards taken by the Grand Inquest taken the 17 Daye of maye 1653 Who saith that about 7 or 8 yeares agone, he had a daughter aboue a yeare old well & in health & of a soddaynly yt fell sickly and pyned away her side hunched up & her eyes grew out of her head & a great bunch grew upon her head And yt fell into Strang fitts insomuch as yt falling into such Strang fitts he carried it unto M'* Seymer who could not tell what to saye to yt by reason of the strangnes of the fitts wch caused M'' Seymer to thinke it was betwitched & told this depou* that she had a grand child that mett with goody Stevenson and came home & fell into such strang fitts & was strangly taken. And she askt her who She mett wthall and she said with goody Stevenson. And then this depon* told M" Seymer that goody Stevenson was very busy with his child and would ever & anon be giving yt green plantains & such thinges. And this M" Saymer bad this deponent that he should not suffer her to giue her anything and this deponent saith that he forbadd her to giue the child any more thinges. And she would answere this deponent w*'* do you thinke I am a witch. And ye Child lying sick she wo aid be with yt and do what he could. And when the child was quiett she would disappear Sf when we thought not of her she would be wth the child And the child -moaning would still cry, knock my Gammer on the head, knock my Gamjjier on the head. And often tymes since the child died she would say you think hardly of me because of your child, this deponent would say I thinJce not hardly of you, and she would answer Oh but you do Oh hut you do : And further this deponent saith that Good™"^ Stevenson gave him a Cocke Turkey for the pastuer of a peece of ground for her goat 8f depon* saith that goody Stevenson was not willing to giue it and a certayne time after she came to his depore" house 8f ashed -whiohe is the Turkey you had of my husbande ^ she tould her not. And she went awaye and the very next morning .... was as blacke as a shoe. And also after this deponent came hither out of England this WITCHCRAFT — CHRISTIAN STEVENSON. 617 goocly Stevenson came to him to buy a combe and he said he had APP. X. none to sell and she went away mumbling. And presently he heard a shoat. began to pime awaye & droope & afterward iied and this depon' cut the tayle & left eare & threw them in the tier saying yt may be Goody Stevenson will come by & soe she did & further saith not. Signed with the mark of T. S. Thomas Sawaed, (17) The names of the women that were empanelled to search the body of Christian Stevenson supposed to be a witch M" Lun Forewoman. Dame Oonrsby. M" Elizabeth Rener. "Widdow Robinson. M™ Elizabeth Jenour. Dame Port. M" Stow. Who made reporte as followeth : That upon the search of the body of Goody Stevenson they found in her mouth two small Teates or Duggs the one on the one side of her mouth & the other on the other side of her mouth, which they prickt with a needle but there came forth noe blood at all from them and when they prickt they askt her if she felt when they prickt them, & she confest that she felt them not. And they say further that because they would not mistake They did all generally search her mouth & prickt these Teates, but they affirm that there came not forth any blood when they did soe. And say also that they found a blew spott or like wart . . very saspitious & against natuer out of which came waterish blood when they prickt y t. (18) The Names of the Grand Inquest. 16 names The Jury for Life & Death. 12 names. The Jury for the keeper of the comonwealth of England doth presente Christian Stevenson of Pembroke tribe in the Som Islands spinster for that she not having the feare of God before her eyes hath feloniously wickedly & abbominably consulted contracted and consented to and with the Devill to become a Witch, as doth appear by severall signes & markes upon her body. And that abhominable sinne of witchcraft hath put into practice from tyme to tyme upon the persons & cattell of severall people within these Somers Islands And upon the body of a child of Thomas Murrell w"'' was snd- daynely smote with grieuous and Tormenting paynes soe that yt died. And upon the Body of Anne Butler her hogges & cattell as also upon the Body of Prudence Sheare. Also upon the Body of Thomas Wiuerley & also upon the Body of Widdow Hopkins and her daughter Mary Hopkins and upon the pigges of M'' Christopher And upon the work of Thomas Denicomb blacksmith and upon the persons & goods of diners others besides these afore mentioned she hath by her Diabolicall practises tormented vexed disquieted & de- stroyed contrary to the peace of the comonwealth of England & the dignity thereof. To wh Indictment she pleaded not guilty but being by the Grand 618 APPENDIX X. APP. X. Inquest found a true bill she put herself for her tryall upon god and the Cuntry wh Cuntry beiug a Jury of 12 men sworne found her guilty of witchcraft & for the same was adjudged to be carried to the place of execution And to be hanged by the neck until she was dead dead (sic) w"^ sentance of death was put in execution accord- ingly the 20 May 1653. 7. Alice Moore. Here ffolloweth several Attestations taken about the Triall of Alice Moore supposed to be a witch.' (1) The attestation of Anne Holmes then taken by M' John Waynewright & M"' John Wentworth Councell" Maye the 14, 1653. "Who being sworne saith that goodwife Graplin sent for this deponent and when she came to her she told her that shg sent for her to see if she had any judgement in the making of Sope. This deponent replyed & sd she had no skill for she did not meddle wth her mothers sope when she made any, presently after this deponent went awaye And in goeing towards her godmother Moore's she espied her godmother coming towards her with a knife & a ragg in her hand and this deponent meeting her about the chymney end of her house she ashed her blessing And demanded of her wher she was goeing, her godmother replyed & said, she was going to stop her trough, for it did leak so that she could keep no water. She askt this deponent if she would come and smoake it. She replyed with thanks that her pipe was alreadie lighted & she was in hast. Then goodwife Moore demanded of this deponent how goody Gaplin's sope did & she answered she knew not, but as goodwife Gaplin sayd it was lost she must have boyled yt all away. Then she replied & s^ that was pitty . . hull said to this declarant that she herd that goody Gaplin had a shoat dead that day. Then this deponent re- plyed it was now that she knew, for she heard not of it when she was there & further saith not. Signed X (2) The Information of Dorothy Gaplin wife of Thomas Gaplin of Warwicke tribe taken by M'' John Waynewright & M"' John Wentworth Councellors this 14th day of Maye 1653. Who sworne saith That at the Assizes held in Burner Ano 1652 about the month of July this deponent spo/ije unto Jacob Bradshawe a dweller in her house, to desire Anne Holmes 3ur. presently to come up to her house She demanded the occasion wherefore she sent for her. This deponent said she did desire her skill about making sope. The same Anne replied she had not any knowledge in the making of yt The said Anne layd a short tyme at this deponents house and then took her leave & went awaye. She had not bin long gone ere goodman Conyers came in to this declarants house, who did demand ' A singularly dose parallel to the case of Alice Moore -will be found in that of Ann Torster, tried and executed for witchcraft at Northampton, 22 Aug. 1674. ' Kelation, etc.,' reprint. Taylor and Son, Northampton, 1878. WITCHCRAFT — ALICE MOORE. 619 of her -where her husband was. This declarant replied and sd he APP. X.^ was gone to Peter ffables house for potatoe slippes & would not staye long. She hearing a shoat or small hog to crie wisht her daughter to goe downe & see what the matter was with the shoat. Her answer was that it would not stand. This declarrant demand- ing agayne whether it were not tangled she said noe. She wisht her daughter againe to goe and loolce, who returned agayne and said the pigg was ded, then this deponent went down with goodman Conyers to see the pig, and doubteing whether the collar might choak him made trial with her hand And found the collar soe wide that it might have been slipt off & yet the pig dead at the end of the rope. Soe taking up the pigg this declarant called for a knife emediately & before the pigg was stickt mother Moore came there barefooted & bare legged. Then this declarant said that if yt had bin her owne pig yt would not have troubled her soe much & said it was Jacobe'a Then goody Moore said I had thought yt had bin yours. And this deponent saith further that that night their owne pigge w^ was fellow to the other that was dead, died alsoe, being found dead like the other at the ende of the rope. About two days after this depo- nent went downe to Jacob to Turtle bay Ann Holmes Jun"^ demanded of her why she would not give her same shoat This de- clarant asked the s* Anne how she knew she had any dead, her reply was that her grandmother Moore told her soe as she was going home on Wednesday last from this declarants house. Then this deponent replyed & s* Truely I think then that she is a witch, for she came up to our house when wee were about the pigg, & further saith not. Signed, &c., X of Dorothy Gaplin. (3) The attestation of Nathaniel Conyers taken before M"" John Wainwright & John Wentworth the 14"' day of Maya 1653 Who sworne saith that about that tyme which the goodwife Q-aplin, hath calculated she being boylinge sope. This deponent came to Thomas Gaplius House & demanded of his wife where her husband was, she said he was gone to Peter ffalls Island potato slippes to plant. She said further she thought he would not tarry long, in regard he was gone over since morning and therefore this deponent resolved to stay until he came home, and in a moment of tyme tarrying, he herd a shoat crye. The woman goodwife Gaplin willed her daughter to goe to see what ayled the shoat. Her daughter returned emediately with this answere That the shoat was cleere, her mother asked if she was suer of yt. Her daughter replyed she would goe againe & see & returned agayne with expedition tould her mother that the shoat was dead and then Goodwife Gaplin went down to the house where the shoat was tyed, & this informant with her, who saw the pigg lie dead there & in the cle&re from any tangling and the collar about the neck so slacke that it might have been slipt over his head emediately came goodwife Moore even, at that very instant of their being with the pigg, being bare footed & bare legged. And she demanded of them what they were doing, 620 APPENDIX X. APP. X. Goodwife Gaplin replyed and said they had a pigge dead. And goodwife Gaplin calling for a knife to sticke yt, Goodwife Moore replyed and said let Goodman Conyers sticke yt, for he can sticke it better than yon. This declarant saith that Goodwife Moore went straightway up with goodwife Gaplins daughter to the dwelling house, & left this deponent & the yfoman there : who went pre- sently after her & carried the pigg after them. Goody Gaplin after she came up said, she had rather the pigg had bin her owne for Jacobb would be mad when he came home Goodwif Moore replyed she had thought it had bin goodwife Gaplins & withall asked whose sow yt was Goodwife Gaplin answered yt was Jaccobs. then Good- wife Moore replyed with a gesture Oh I am sorry it is Jacobes, & further saith not. Signed X. (4) The attestation of Edward Holmes taken by the Grand Inquest the 17 day of Maye 1653 Who saith that he having a beast loose in M' Whethenhall, north side about the month of December last wh he could not take of himself he got his brother William Holmes to go with him to help him to catch him. And as they were going along, between 8 and 9 of the clocke in the morning by Thomas Moores House, on the west side of yt he saith that he heard a voyce cry. Wilt thou never have done sucking, I think you will bring me off my leggs, for I must go worke now, they say they thought goodman Moore had bin in the house talking with his wife because they heard a voyce, but going along they saw him on the top of the hill close by his cedar woode & further sayth not. Signed X Further William Holmes his brother affirmeth that this is the truth, for he was with him and also heard the voyse, and to his hearing as near as he was could judge yt was goodwyfe Moors voice & further saith. not. Signed, &c. X (5) The attestation of Thomas Gaplin taken by the grand Inquest taken the 17th day of Maye 1653. Who saith that about four or five months agoe old Thomas Moore of Warwicke Tribe aJced this depon' leave to tye a hogg or sowe in his grounds to root up some fearne but she being afterward with pigg : he asked this deponent to help him w"' one, he answered he could not promise him. he knew not be he should saue any him- self And after the sow had pigged this deponent sayth that he dis- posed of them being that goodman Moore did not trouble him, and after this goodwife Moore asked this deponent for a pigg and he told her they were all gone he had sould them all but two, & good- wife Moore answered it is no matter for they will all dye and soe they did & further saith not. Signed, &c. X WITCHCRAFT — ALICE MOORE. 621 (6) The attestation of John Burt taken by the grand In- , ^^^- ^•. quest Maye the 17, 1653 Who saith that some yeares since lie having a great sowe, eyfcher Goodman Moore or his wife, he remembreth not which of them, came to bis house to buy the sowe. And he sett them a price but tbey would not cwisent to yt And a matter of six weeks after the sowe pigged & then tbe sowe & all her piggs died & further saith not. Signed, &c. X (7) The Information of M' John Waynewright deliuered to the grand Inquest upon the 17 daye of Maye 1653. "Who saith that about 3 or 4 yeares since he having 2 shares of Land in his hands, one share of my Lord of Warwicke, and one of M' Georg Turberfield, Thomas Moore having one share ' of my Lord of Warwicke's lying between the two, upon any small variance the sd Moore forwarned the said John Waynewright from going acrosse his Grounds, nor wold suffer the said John to tread the paths he went in himselfe, the path lying neare the lyne, I told him then If ever it lay in my power I would displace him & at last I obteyned yt that share wch Moore lived upon by frends & mean that I wrought by. And then I warned the said Moore off that land yet I made provision for him else where. And not long after this I had many of my creatuers strangly taken & died as my cattell dyeing Soddaynly. And shoats running loose one houer dead the next & never could disceme any thing they ayled neither liuing nor dead but were as ffatt and as lusty as any creatuers in the world, yet perished About this tyme. I had sett according to my estimation about 16 acers of come ground which sprouted in the ground very well, some aboue ground and some arrived even of the ground and turned too & agen like the worme of a pease & soe lay fresh in the groand & never came to good, through free from clodds or other ympediment. I never saw the like before or since. After this when I had built & was settled in my house. Good- wife Moore wife to Thomas Moore aforesaid came to my house with pretences to buy or begg some fyne thread as my wife told me & looking about praysed my dwelling place to my wife and asked her if she did not breed good share of hoggs my wife told her yes but they were little the better for them for they died & came to litle wee have had such ill successe wth them. Good wife Moore asked her alsoe about breeding fowles & said she thought she bredd but few, to wch my wife answered ' noe for they are carried off for I was forced to buy hens to go with my cocke. ' In 1622 the Earl of Warwick owned five shares. In 1662 he does not appear as the proprietor of any ; but Mr. John Waynewright owned lots 5, 6, and 7 in Warwick. There is a list (MS. ix. p. 2) of 19 shares reputed to be his, which were made over by the Sheriff to W. Milborne, as agent for his heirs, in May 1677, see p. 446. 622 APPENDIX X. APP. X. ifot long after when I came out of England I had a very fayre sows pigging & goodwife Moore being at my house & seeing her praysed her not long after she pigged & all her piggs died as soon as they were pigged. Att the tyme of Capt" Turners entrance into his Govment or a little after I did charg goody Moore wth these & many things else. And first for that she should declare how she came to know that myse\Se with the rest of the company who were in the shipp wth me were taken by the Turkes or chased by them. Though she did mention none but the womens 2 husbands & my selfe & Thomas Inglethorpe, wh she denied, though yt was then aifirmed by diuers. Signed John Wainwright. (8) The names of the women who were appoynted to search the body of Alice Moore being suspected of wMtchcraft Maye the 17, 1653. M" Lun M'^ Burrowes M'= fforsier M"^ Dickenson M" Pulford Dame Coursy M" Robinson Dame Evans and 4 more who doe affirme that upon the search of the body of Alice Moore aforesd. they have found 3 markes or teates as to biggnes on the right side of her body & another in her mouth towards the almonds of her eares, & another between her tooes upon her left foote wh. teates or duggs being prickt by them did not bleed only a little waterish. blood & they say she did not sensibly feele when they prickt them although they asked her if she felt them & besides they say that they /ound also other suspitious mkes which are declared to be- long to A witch upon some partes of her body & also some blew spotts there also. (9) Sommer Islands, to wit. The Jury for the keepers of the liberties of Comonwealth of England doth present Alice Moore of Warwioke tribe of the said Islands, spinster, for that she not hauing the feare of god before her eyes hath feloniously wickedly and abhominably consulted contracted & consented to & with the Devill to become a witch as doth appeare by several signes & markes upon her body and by her diabolicall practice in witchcraft hath destroyed the cattell & hogges of M^ John Waynewright & Thomas Gaplin both of Warwicke Tribe & of diuers other persons contrary to the peace of the comonwealth of England and the dignity thereof. To wh Indictment she pleadeth not guilty but the Grand Inquest finding yt a true bill she put herself to be tried by God & the Cuntry wh being a Jury of 12 men sworne find her guilty & for the same she was adjudged to be carried to the prison from whence she came & from thence to be conveyghed to the place of execution & ther to be hanged by the necke until she be dead, dead. wh. execution was performed accordingly the 20th of Maye 1663. WITCHCRAFT — GOODY BKANGMAN. 623 (10) To M-- Anthony Jenour Sheriff. apf- x. By y^ Gouner. Thes are to will & require you that upon sight hereof you cause the Body of Alice Moore to be taken from prison & from thence to be conveighed unto the place of execution & ther cause her to be hanged by the necke until she be dead. According to the sentance passed upon her the 18 day of Maye 1653. If need shall so require to command the ayd & assistance of any maiier of persons what- sover for the execution of your ofBce. And for yr so doing this shall be "your sufficient warrant. Given this 20* day of Maye 1653. (Signed) JosiAS Ffoestee. A warrant of the same Tenner and date was signed by Captain Josias fforster for the executing of Christian Stevenson. (11) Presentation by the Grand Inquest in maye 1653 Wee the Grand Inquest Taking into our consideration how yt hath pleased god upon slight & slender ground being carefully fol- lowed upon one person for suspition of witchcraft, what good saccesse & yssues hath followed upon yt, Therefore wee desire that All such persons as wee have hereunder mentioned may have some careful eyes cast upon them, soe that if yt shall please our god to discouer more of them they may be persued after and proceeded agaynst until as David saith, wee have cut of wicked doers from off this Island. Heneet Waed.' Ffurther wee have bin credibly informed that Seignior Ambro- siae the Spanish sergeon hath said that there are eight or twelve witches in these Islands we desier that he may be dealt withaU in some way that he may Tnalce discovery of them. It was then ordered also that those that are or shalbe suspected for witches be carefully observed and search made to fynd out the truth thereof vr^ all convenient speed. Then follows in the order of entry the confession of John Midleton, already given ante, p. 610. 8. Goody Branginan. The 12th day of May 1653 Edward Brangman complayned ags' the widdow Mary Stow about some slanderous speaches vsed ags* his wife, before the Gou'nor and Secretary as ffoUoweth (1) The attestation of the wife of Thomas Bell taken the same tyme as ffth Who saith that about the tyme that Goody Gardiner was in trouble for witchcrafte she being in company w*^ the widdow Stowe they fell into discourse about the said goody Gardiner's being a ' This is the only name inserted. 624 APPENDIX X. AFP. X. -witcli And then goody Stowe tould her that she thought wee had more in Davyes Island And that she might speake by woef all expe- rience by her hasband and child : ffor fcher was a difference (as she said) about strikeing Goody Stow in the church: -w"^ was herd before the go^nor, he perswaded her to pat it vp, but she would not : And then goodwife Brangman out of the Gou'nors hall she mett with her husband and sayd vnto him, that he should never come vnto his trial), and suddaynly after he was killed : and after this ther was also a falling out betweene goody Brangman's sonne and her sonne. And Goody Brangman's sonne said that he would see Goody Stowe's sonnes hart bloud, and said further the goody Brangman's son should neuer fight with her sonne more, and awhile after the child died. And after this Goody Stowe told this declarant that goody Brangman and she being at woords agayne : fell out : she tooke vp a stone and made as though she would throw y t at her, but did not, and Good Brangman badd her throw yt if she durst : and shortly after her finger fell Lame. And this deponeth saith that goody Stow told her that when Goody Brangman dwelt at Mullet Bay she went to buy a pigg of old M' Stowe but could not haue yt, and shortly after all, the pigg ran madd. This declarant further saith that Goody Stow told her that she had obserued goody Brangman did not vse to sing in the Church, and that made her thinke she was a witch. Signed with JoNE Bell her marke. (2) Goodwife Stowe being convinced in herselfe that these thinges were true she confest she had spoken them. And did entreat Edward Brangman and his wife to passe by her offence : for she did then acknowledg that she had done her wrong in vsing such suspitious speaches ag' her. And the said Brangman and his wife did accept the acknowledgement and past it by and goody Stowe did promise to lyve quietly by them for the tyme to come, and to this subscribed her marke. Maet Stow.' 9-10. Elizabeth Page. Jane Ho-pldns. Trial of Elizabeth Page and Jane Hopkins 1 January 165^ Capt° William White Master of the Maiefflower, complained unto capt" Josias ffdrster Gouv'nor of the Sora"^ Islands that there were two women on his sayd ship w"'^ hee did vehemently suspect to be witches, and desiered Justice ag* them, w"'' the Gou'no' yeilded unto, and they were brought unto their triall accordingly, w"'^ is as fol- loweth : (1) The attestation of Elizabeth Cobson taken 1 January 1654 before Capt Josias fforster Gotfuo' M"" Thomas Peniston Counsellor & Antho Jenour Secret who being sworne sath as ffth. That about 3 or 4 yeares ago shee and Elizabeth Page being ' MS. ii. p. 219. WITCHCRAFT — ELIZA PAGE, JANE HOPKINS. 625 hedlaying at the 3 tuns, and falling into discourse together : she then AFP. X. and there heard the said Elizabeth Page saye that she had raised the deuill and whipt him with briars, and so further that she had made Maidstone Jaile doores stand open, so that others might or did goe forth, but she had no power to goe forth herselfe and further saith not. The mke I of Elizabeth Cobson. (2) M" Eathorme being sworne the same tyme That she onely herd Elizabeth Page tell her severall passages about some Lancaster witches, but hard not anything of herselfe being a witch. (3) Thomas Crofts sworne the same tyme Sayth that he being present when Charles Hancocke was at the helme, That Eliz. Page being by the compas had her finger ouer the compas and made it turne Round, Round eu"^, and yet never tuched Tho. Ceofts. (4) Charles Hancocke being sworne Saith that he being at the helme Elizabeth Page had her finger over the compas. And yt ran round from North to South, And turned backe againe. And said that any woman that was w*!^ child may make yt do soe. And about 3 days after she told him that she had a Steele needle about her that caused yt, yet other being present she sd, do you not see how yt runs, and further saith not. Charles Hancocke. (5) The attestation of ... . daye of January 165|- Who being sworne saith that hee being one daye at his Lodging Mr. Baker came to visit him at his Lodging And speaking of M" Hopkins M"^ Baker tould him that he herd a boye say that he seeing her dresse herselfe he saw [a strange thing] upon her shoulder And saith that as he was speaking with M" Hopkins about these things that she told him that she had one marke came lately upon her which she never had before & that she said moreover that she had had her desier upon her enemyes & she hoped that she should have her desiers still of them . . and further saith not. (6) The attestation of Jeames Man before the grand In- quest the 3rd of January 1 65^ Who sworne saith that he being in the Oaben w*'' Jane Hopkins she said Jane wished that god might showe some signe whether she was a witch or not, and emediately there was a thing in the likenes of a ratt appeared unto them & further saith not. Jeames Man. VOL. II. S S 626 APPENDIX X. A PP. X. ^Yj Before the grand Inquest aforesd Thomas Cobsone sworne sayth that at the same tyme he saw a thing in the likenes of a ratt after the said Janet Hopkins had wished that god might show some signe and saith farther that before the appearance there was a noyse which made him affearde. Thomas Cobbsone. (8) Anto. Love before the Grand inquest saith upon oath That M"^' Page her maide hawing mist a botle aboard the shippe made her moane to M" Hopkins And M" Hopkins said that if she wotdd crosse her hand with a peece of silver of something that she would coninre for her bottell, and that she shold haue yt that night or next morning. And that night she had the bottell, and further saith not. (9) Upon these ffornier grounds the Grou''ner comand a Jury of women to be empanelled whose names are as foUoweth, who searcht the body of Elizabeth Page the 20th day of December 1654 M" Seon, forwoman Dame Pert M'^ Jenonr M™ Stowe Dame Bristowe Dame Goodfaith M" Marsh Dame Powell Dame Cobeson, Jun' Dame Cobson Dame Corsey Whose verdict is as ffoUoweth : Who doe all aflBrme upon their oathes that they find not any marke or spotts or signes w"'^ may moue them to judge Elizabeth Page to be a witch only something more than ordinary [in a certain place]. Another female Jury was empanelled to search Jane Hop- kins. The MS. has here partly perished, but the words ' search the body ' can be read. M" Margery Seon, forewoman M'° Paskon M" Jenonr Dame Powell M'^ Stowe Dame Port M" Woode Dame Stirrop M" Vaughan Dame Vicars Their report or verdict : Who doe all joyntly affirme, that Jane Hopkins hath in her mouth a suspitious mke and under her arme she hath a dugge or Teat And upon her shoulder a wart and upon her necke another wart. . . And they all declare that all these were insensible when they were prickt and tried. (10) The third day of January 1654 Captain Josias flforster WIICHCflAFT — ELIZA PAGE, JANE HOPKINS. 627 G-ou'"no'' & Capt" Grenall of these Islands called a sessions when ■^ ^^- '^\ were present these Councellors following Oapfc" William Wilkinson M' Thomas P M' Stephen Paynter M"' John Waynwrighfc M' John Waller Antho Jenour, Seer M"' .Richard Norwood The Grand Inquest, 14 names. The Jury for life & death, 12 names. Wee the grand Inquest do present Elizabeth Page, being a pas- senger in the good shipp called the Mayflower, for that she not having the feare of God before her eyes wickedly and felloneously consulted & covenanted with the devill contrary to nataer & to the law of God and man And contrary to the peece of the comonwealth of England and the dignity thereof. To which Indictment EHzabeth Page pleaded not Guilty &c., and for her triaU put herselfe upon God & the country w''^' country being 12 sworne men found her not Guilty and was quitt by pro- clamation. (11) The Jury for the Comonwealth of England doth present Jane Hopkins one of the passengers in the Mayflower ffor that she not having before her eyes (sic) hath ffeloneously & wickedly con- sulted and covenanted with the Devil & him hath suckled and fedd contrary to nature & the law of god and man as doth appeare by by markes & signes upon her body and contrary to the peace of the comonwealth of England & the dignity thereof. To w''*' Indictment Jane Hopkins pleaded not Guilty and for her triall &c. she was found Guiltie and for her sent''^ was condemned to be carried to the place of execution and there be hanged by the neck until she was dead, dead, w""^ was done accordingly, as appeareth by his warrant dated the 5 January 165f . (12) Whereas Jane Hopkins one of the passengers by the maye- fflower having bin accused for witchcraft & for the same hath bin indicted arraygned and tried at a court held in the Somer Islands the third day of January 165f & then & there found guiltie & con- dempned to death. These are therefore to require & charge yon to take her from the prison & cause her to be carried to the place of execution & ther to be hanged until she be dead Hereof faile you not as you will answere the contrary at j" perrill Given this 5th January 165|^. JOSIAS Ffoestee. Directed to Anthony Jenour Sen' of&ciateing in the Sherriffes office. 12. Grace BedwelL Trial of Grace Bedwell at an assize in 1655. The Jury of the commonwealth of England Doth present Grace the wife (sic) of John Bedwell of Georgestowne in the Somer Islands spinster (sic) ffor that she not having the feare of God before her s s 2 H28 APPENDIX X. APP. X. eyes liath ffelloneously & wickedly had consultation and familiarity ' ' with the deuell as doth appeare by severall markes & signes upon her body and by his instigation hath mallitiously and unnaturally vexed and afflicted severall persons, most especially upon the body of Kate an Indian woman servant of Robert Powell hath ased witch- craft contrary &c. Found not guUtie. 13. Mistress Miller. Appearance by recognizances, assizes of November 1655. William Haynes of Hamilton for his unciuil behaviour towards such as gave in evidences ag* him when he was questioned for his defaming M™ MiUer in reporting she was a witch. The s* Haynes did acknowledge in open court that he had done her & her posterity liueing great wrong in reporting & saying M" Miller was a witch & was heartily sorry for the same & desired them all to forgive him w* was accepted & passed by & he set free from his recognizances. 14. Trial of Goodwife Moore. The attestations of Nathauiell Astwood & John Eichards taken before & by M' John Waynwright & John Eawlinges Councellors the 17 July 1658. (1) Nathaniell Astwood being sworne saith That his servant John Richards had after the sight he had seene laid by sicke And was recovered and since that tyme that he met Thomas Moore & his wife in the path he had bin very yll and is much ympared in his body And that upon that very night he was taken very ill That he did meete the abone s'^ partyes. Signed, Nathaniell Astwoode. (2) The Attestation of John Eichards as afores^ Who sworne, saith That some tyme in the month of June being in bedd in his masters house, he having bin asleep And was awakened by some noyse in the Roome where he laye; and that he there saw the wife of Thomas Moore in the roome or the divell in her likeness And that this deponent did speake to her then and did tell her that she was a witch & that he would have her hanged and that he had had the Uke sight twise since, and upon Tuesday the 10th of this Instant month That he met the said Thomas Moore and his wife as they were going along the Path and the said Moore said to his wife this deponent : What are you sicke whereupon this de- ponent replyed I was. & the said Moore replyed I herd you were scared, whereupon this deponent answered yes. whereupon the s* Moore answered I herd you should say yt was my wife and this WITCHCRAFT — GOODWIFE MOORE AND OTHERS. 629 deponent said againe, yt was eyther y' -wife or some in her likeness AFP . X. that I did see & further sayth not. Signed, John Richards. (3) Upon the attestations taken as aforesaid the s"* goodwife Moore was sent downe to Georges Goal & for triall of this delinquent Capt" Josias Fforster Governor commanded an Inquest of woemen to be empannelled & sworne, whose names are as fi'olloweth : M'' Norwood Honora White Margrett Crockford Goody Powell Elizabeth Gilbert M" Katharine Marsh Katherine Bristowe Goody Corson Goodwife Sweetinge Goody Middleton Goody Port Mary Goleson M" Margery Piskow Goody Bayley M" Malary The woemen being sworne to make diligent search upon the body of the wife of Thomas Moore affores* whether there did appeare any signes or markes tending to witchcrafte Their verdict or Re- ports were That there was upon her body noe such signes nor markes. 15. Oood/wife Crockford, Michael Brother being called before the Governor & Councell 26 Oct. 1658 to answer the complaynt of goodwife Crockford who complayned that the said Brothers had called her witch and s* he wold prove y' & make yt good : but he confest himselfe to be in drinke & forgott what he spoke & did engeniously acknowledge his offence & asked the woman for forgiveness upon his knees upon w"" she past by the said offence. 16. Nicholas Hon. Nicholas Hon of Pagets Tribe presented for suspicon of Witchcraft 6 Dec 1659 as upon the attestation of Henrie Sims and his wife doth appeare at large. He was dismissed with an admonition given him by the Governor (W" Saile). 17. William Haynes. Presentment of William Haynes at the assizes December 1663. Wee the Grand Inquest for our Soveraigne Lord the Kinge doe exhibit this Bill of Indictment against William Haynes of Hamilton Tribe for a person suspected for Witchcraft, for that M' John Place of the Tribe aforesaid was affrighted by the aforesaid Haynes, or his apparition, appearing in the dwelling house of the aforesaid place in the night season in the lodging Chambers of the aforesaid place with a knife in his hand in or about the begining of ffebruarie, in the yeare of our Lord One thousand six hundred sixty and three, the said Place riseing up receaved a blowe on his arme by the apparition, which caused him to cry out, uppon which the person or apparition fled, leaving a mark to be seene upon the aforesaid Place his arme ; 630 APPENDIX X. A PP. X.^ all whicli is contrary to the peace of our Soveraigne Lord the Kinge his Crowne & dignitie. Uppon which Indictment hee put himselfe uppon God and the CoTintrie, which beLag a Jnrie of twelve Sworne men, the Sayd sworne men ffound him (according to his own plea) not guUtie. And thernppon he was acquitted by Proclamation. 1 8. Christian North. Presentment of Christian North Assizes 15* Decern'' 1668. Christian North Widdoe, of Hogg Bay in Sandis Tribe, accused for wichcraft by Meriam Ward of Pagetts Tribe, according to an Attestation taken the 12"^ day of September 1668. By Capt Samuell Whalley Gover'- Uppon the Grand Inquests examination of the aforesaid Meriam Ward and her said Attestation, They returned Ignoramus. Where- nppon the said Christian was quitted by proclamation. 1 9. Susan Cole. Presentment and Trial of Susan Cole Assizes 12'" June 1671. Bee it Inquired for our Soveraigne Lord the Kinge, Whether Susan Bailey, now Susan Cole, the wife of Robert Cole of Devonshire Tribe plant'. Since the Tenth dale of January in the yeare of our Lord 1670, hath severall times used practiced the detestable Sinne of Witchcraft. As likewise whether shee the said Susan Cole hath not maUtiously, diaboUically, wickedly & ffeloniously against Thomas Holt of S* Georges, Taylor, put in practice the words, or the effects of the words of the aforesaid Susan Cole by her spoken (videlzt) By God, that shee would terrific or torment him the said Thomas Holt. The which Thomas Holt, since the speaking of the aforesaid words, hath severall dales bin in a languishing Condition. By reason of a paine in his left Shoulder and Arme. Insonauch that the said Holt could not follow his aforesaid trade of a Tailor, But could doe any other work whatsoever, untill or from the time of his Complaint unto Goverment against the said Susan Cole. And hath bin for the aforesaid practice Secured in the Marshallsie. Therefore you are to Inquire whether the said Susan hath malitiously and ffeloniously by the helpe of the Dlvell, terrified or tormented him the said Thomas Holt Contrary to the peace of o' Soveraigne Lord the Kinge, his Crowne and Dignitie And wholesome Lawes provided in such cases. To which Indictment the said Susan Cole hath pleaded, not Guilty, And hath put herselfe uppon God and the Country ; which being a Jury of Twelve Sworne men, they found her Guilty. Whereuppon the sentence of death was pronounced against her, the I?''' dale of June 1671. And upon the 2I=* dale of the aforesaid Month was carried to the place of Execution, But upon weighty considerations was, By Sir John Heydon Governo'^, then reprieved and carryed back to the Goale untill further Order. WITCHCRAFT — SUSAN COLE. 631 The Information and Attestation of Thomas Holt of S' Georges, APP. X. Tailor, taken before Sir John Heydon Governor the 18* daie of May 1671, Sworne. Saith, That the daie before Henry Scott appeared at S* Georges about M"' Shephards Businis, he the said Holt, and Susan Bailey Widdow, were together in the house of David Minge, and a discorse being at that time about her intention ofMariage, the said Holt tould her, That hee had heard Roger Waightman sale, and tell him the said Holt in his owne house som time before hee went away to New Providence. That hee was goeing thither for two yeares time. And afterwards was to be Marryed to the aforesaid Widdow Bayly. Shee thereupon made answer at the aforesaid time & place. And swore by God, that she would terrifle (or torment) him the said Holt for his soe saying. Whereunto Holt replyed, that hee did not feare what shee and all the witches in the world could doe. Andwithall said, Beare witness, (being then present Elizabeth the wife of Edward Middleton, John Oolson, Cooper, and David Minge the Mast' of the house aforesaid) fifurthermore the said Holt aflBrmeth. That hee did then warne the said Susan to have a care for if any thing did befall him or any of his, hee would have her fast enough. Sbee the said Susan thereupon replyed. That if shee were in another place, shee would set her fist in his iawes : hee made answer, hee would sett his foote in her back, if .she were a better woman than shee is. Afterwards the said Holt went to Alexander Smiths house, and from thence to John Colsons, being Constable, intending to speake with him about the aforesaid Bailies words, but could not speake with Colson, the which, together with the said Susan was in the house of Edward Middleton, it being in the night, but hee the said Oolson could not be spoken withal. Because (as the said Edward Middleton tould the said Holt the next moruing) if hee should have come in, shee would be gon. Not long after the said Holt and Susan Baily mett together in Smiths house aforesaid, but noe words passed betweene them at that tyme. But about a fort- night after they had been together in David Mings house, hee was taken ill in his left Shoulder and his left Arme. Since which tyme he hath bin, and often times is in extreme paine. And cannot follow his Tailery calling, though he be capable of doeing any worke in the grounds or without doors without any paine or misery. Thomas Holt. Henet Tuckee Secretaire. Warrant by Sir John Heydon Knight & Governor 21 June 1671. Whereas Susan Coale (lately Susan Bailey) hath bin legally conuicted for the Sinne of Witchcraft at the late Assizes, and the Sentence of death hath bin pronounced against her. Uppon waicrhty considerations I have thought fitt to reprieve her, and hereby require you not to Execute her, but to returne her person to the prison untill you shall receive further Order from this Government 632 APPENDIX X. APF. X. to put her to death according to the Sentence aforesaid. Whereof ' fail you not, and for your soe doeing this my Warrant shall he your discharge. Giyen tinder my hand at S' Georges the 21'* day of June 1671. To M' Anthony Jenour. 20. Martha Franklin. Presentment and trial of Martha Ffranklin Assizes 27* May 1672. Bee it inquired for our Sovereigne Lord the King Whether Martha ffranklin, the wife of Richard ffranklin of Pagetts Tribe, in the aforesaid Island bee not guilty of the Detestable sin of witchcraft whether she the said Martha hath not malitiously, wickedly & diabollically, on or about the Moneth of January or ffebruary in the yeare of our Lord one thousand Six hundred Seaventy & one, put in practice the Killing, wounding & waste and pineing away of the Cattle of the said Humphrey Coverlie, to witt inhis the said Humphrey Hoggs, Sheepe, Cattle, ffowles, &c. And also whether the said Martha be not gailty of the burning do wne of a house of William Duck about five yeares last past. And whether she be not guilty of speaking dain- gerous words wch : causes her to be suspected for witchcrayft, Malitiously and ffeloniously against the peace of our Sovereigne Lord the King, his Crowne & Dignity & wholesome Lawes in such cases made & provided. To w"'' Indictment the said Martha ffranklin hath pleaded Not Guilty, And hath put herselfe upon God & the Country, wch : being a Jury of twelve Sworne men, they found her not Guilty. And thereupon she was quitted by Proclamation. 21-22. Gillian Abbot and Elizabeth 'Wa/rd. At a Council Table held in the Gouernm' Hall march 12 168 1, then present The Hon Colonell Richard Coney Gouern"' Capt Henry Durham ' Capt° John Hubbard, Sheriff e W Richard Stafford And others of the Council. (1) Gillian Abbot accused by M' Edwin Mallory for suspition of witchcraft His daughter Jane being strangely taken sick and lame Hee suspects she is bewitcht by the said Gillian Abbot. (2) Elizabeth Ward accused by Captain John Hubbard Sheriffe for suspicion of witchcraft Hee having a negro girle strangely taken sick, wasting and pining away in such an unusual manner that he suspects she is bewitched by the said Elizabeth Ward. Ordered that there shalbe women Impannelled and sworn to search the bodies of the said Gillian Abbot and Elizabeth Ward which accordingly was done, and they made a returne upon oath to the Gouemor and Council (MS. vii. p. 127). The return is not entered. ' Ex-Governor. SARAH SPENCER: SARAH BASSETT. 633 23. The following entry, for which the editor is indebted to app. x. Provost Marshal J. Trott, occurs in the Quarter Court records ' ■ ' for the year 1696 (p. 55), and completes the actual indictments for witchcraft in Bermuda. The very curious case of Sarah Bassett, an old negress burnt in June 1730 for attempting to poison her master's family, although popularly referred to that category, was really a case of petit treason, and her trial and sentence are perfectly regular in form.' Sarah Spencer. The daughter of W" Harmon late of Somerset, deceased upon Oath declaring That Sarah Spencer widd" did afflict y* body of y® said Sarah Harmon and it was she y" s"* Sarah Spencer or y® devil in Her likeness. The said Sarah Spencer was by Court com- mitted to prison till y' next Assise & General Graol delivery, or till she be delivered by due Course of Law ; on an accusation of witchcraft. It does not appear what became of this unfortunate woman. There is a locality called Harmon's Bay in Somerset Island. ' The sentence ■was deliTered by Chief Justice Outerbridge on 6th June, in these terms : — ' It is the judgement and sentance of this Court. That you Sarah Basset the prisoner at the Barr, be returned to the prison from whence you came, and from thence you are to be conveyed to the place of execution, ■where a Pile of wood is to be made and provided, and you are there to be fastened to a sufficient stake, and there to be burnt with fire until your body be dead. And the Lobd have mercy on your soul.' Tradition records the locality of this tragedy, at the head of Hamilton Har- bour, and remembers that the day of the poor woman's execution was one of extra- ordinary heat, whence a broiling summer day in Bermuda is often described by the coloured people as ' a regular Sarey or SaUy Bassett day.' 634 APPENDIX XI. XI. APP. XI. The following letter from Sir John Heydon and his Council " • ' to the Company, the first which bears his signature, was acci- dentally omitted from its proper place. It should have followed par. 8, p. 291. It is a good example of such communi- cations, of which there are 14 preserved, extending in date from 1668 to 1677, and it shows the usage of "the Council when they were not unanimous. The Governor and Council Bermuda to the Company London 22 June 1669. Hono*^^ Companie (1) Tour Gen'all Letter from Armerers Hall London Dated the 9th of March 1668 in a Box sealed with others of publique and private concernment transmitted per yonr Magazeene Shipp. Capt. John Jenkins, Comand' through Gods blessing came safely to hand, we wish seasonably, the 15th of May last past. A time of yeare when onr best fruites are not matnre nor any convenient fraight of good Tobacco canbe expected — yet wee hope our honored friends and members of the company will take in good part what may be sent. (2) Upon p'^rusall of your letters wee meet in the first place with a reprehension for mistaking y' Hon" comands about shipping twentie tnnns of whale oyle aboard Captain Morlie, not directing sic to the produce of that yeare or of the fishe of the yeare before, but of such a quantitie of oyle. And if the masters comands be soe un- certaine how shall the seruant render due obedience. Wee are har- tilie sorry that mistake should proue soe much to your detriment in sending the dreggs for the Port of London and reseruing the best oyle for ourselues. Wee beseech you search this wound to the bottom otherwise noe cure. The two first yeares if remembered your vndertakinge receiued encouragement, ever since obstructed possibly by some that minded themselues more than the publique. By orders the fishinge when intermitted, and the Husbands and Agents left to consider their losses and debts and how to recover them. A noble and hopefuU enterprize become ineffectual! by mis- carriages, whether here or there wee leave to y"^ better judgements. Wee find upon y' Husbands accompts 1664, 44 hhds of whale oyle with blubber and 400 w* of £&nns sent for London by Elias H .' By Thomas Leach 117 hhds of oyle an° 1666, By John Faulkner 1667 47 Tunns and a half of oyle. By Capt" Thomas Morlie 17 Tunns of Oyle 1668. The commissioners began here to order in the yeare 1666, since when with the two former yeares have been sent ' The ship was the 'Elias of London, Captain Elias Holmes. LETTER FROM BERMUDA, 1669. , 635 for London 131 tunns of oyle. Wee send you this accompt from APP. XI. hence that we may know whether it agreeth with what you have received alreadie, you have bin pleased to send Hoopes dry Caske for a Copper, which are layd vp, the number of which with your former vtensils that are left wee send you herewith a true ac- compt of. (3) A General! Assembly according to your Order hath bin summoned, and met the 8th of this instant June in Pagetts tribe (not at S* Georges the usual place) by reason the town had bin visited with Small Pox, a disease dreadfull amongst them. They rose the 12 th when the Governor and Councell were desired to be present, to communicate their proceedings to them. In the first place the whale fishing was taken into consideration. And your new condescencon of the moiety was received with all thankfulness. But to the other Propositions, their answers being different, with some other requests in the nature of grievances Certifyed in a Booke herewith sent, to be the debate and result of that meeting, humbly submitting them to your moi'e serious prudent determination. (4) It is generallie desired you would despatch a shipp of some burthen to be here with Gods blessinge before the fBirst of De- cemb"^ next. The weather hauing bin seasonable there is a likelie- hood of a croppe earlier than in former yeares, and that the Magazeene shipps may moue hence yearly for the Port of London with oyle, fruit, and Tobacco in thier season (5) According to your orders touching the negros brought to these Islands from Turtola by Captain John Wentworth we refer your Honor^'^ Societie to the Councell Table Orders, and his Maiest' Letter herewith transmitted for your satisfaction until wee receive . further order from you. Wee haueing likewise herewith sent you the accompt of what negroes and vnto whome haue heen formerly sould by Captain John Wentworth of his people here Recorded. It being to be vnterstood that many of those negroes were bought and sould but not recorded, more for saucing of charges than for any sinister end (as wee consider) But in whose hands they are wee shall not faile by our next to discouer vnto you, or at least doe our en- deauor therevnto, according to your expectation and order lately and formerly transmitted. (6) Whereas you haue bin pleased to order M' John Burch Councellor of Sandys Tribe, deceased in his returne for England Wee haue thought to make choyce of Captain Christopher Burrows for the oflBciating of the aforesaid place, whoe is likelie by or before the returne of the shipp to remoue vnto another Tribe. If therefore you shall be pleased to appoint som other person, or Captain fHorentius Seymer to be (Joancellor for that Tribe, Wee shall accept of him to be a fitt coadiutor in Gouernm' which (though his wife be a Quaker) may be seruiceable to you, that Tribe, and the Gene- ralitie with vs. (7) Whereas you haue required our intimation vnto M.^ Thomas Brereton that you expect the payment of his B;ent according to his Lease, to your court yearly, your Order hath bin accordingly ob- erued. And wee doe make bould to craue your indulgence therein 636 APPENDIX XI. AFP . XI. towards Mm, the which hath hitherto paid his yearly Rent of three "'^ pounds sterls by the order of your subordinat Gouernm*, for the ease of the Generall Leuie or to your court, It hauedng bin presumed that your Court wonld as readilie allow of Breretons rent to be iniected for the ease of the Generall concerne as the Eents of y' Publique Lands from tyme to tyme by yon allowed, (8) Wee crane y' resolues by the next, tonching the action of ^40 Sterlff, and the Appeale therevppon, depending betweene Capt George Hubbard and M'' Ffrancis Watlington Defend*, two yeares since transmitted, but noe determination therevppon from y"^ Court returned, M' Will. Webb of y' Court haueing written vnto M' Wat- lington that the proceedings therevppon haue bin staied : soe that Captain Hubbard hath bin denied an execution vntill the retume of the next shipp, the aforesaid Watlington haueing brought one M' Samnell Wise now bound for England to depose vppon oath before vs (Captain Hubbard present) that hee the said WatUngton did tender ibrtie shillings according to an award betweene them. (9) Wee retume you heartie thankes for your more than ordi- naire favours extended to M' Nathaniell White Minister (about nine moneths last past deceased,) whose widdow is and maybe continued in the Gleabe house and Laiids of Southampton & Sandis Tribe, vntill another incumbent shall be by y"' Hon*'* Societie sent oner to be Rector thereof, which ancient Widdow may be an apt obiect of y' pittie in affording to her your munificence soe farr as you shall think fitt. Whereby the other ministers and their Wiues wUl receiue good encoui'agemeut to expose themselues to trouble and hardshipps hereafter in their cuming ouer to help vs, the spirituall labourers amongst vs being at present but few, and as your care paynes and charge hath bin great in supplying vs with able men for the strengthening vs in our spirituall progres, soe wee trust you wil continue vnto vs the same bonor*'^ Patriots as hitherto you haue bin, by incouraging able ministers, euen by y' next shipp, to visit and reside with vs. (10) Whereas wee haue bin lately informed that 18 men of warr to predominate in and about the Caribe Islands,' to the utter mine of the English and Dutch (in their estates at least,) both at Sea and Land, and soe farr as wee know, they may the next summer if not this, enuade these your Islands to the effusion of blond, and the vtter ruine of vs and ours. Wee holding it to bee a dutie incumbent vppon vs (for the pr.servation of our owne persons and estates, as likewise for your Rights and Interests) to intimate the same to your Honors, greatly hopeing and expecting that you wUl sympathize with vs herein, and effectually supplie vs by your next shipp with suitable supplies of ammunition and armes, for our courageously opposing and repelling insolent and invading enemies, in case they should attempt the subdueing and subiugating vs vnder their anti- christian Gouemment, from which the Lord deliuer vs. ' This -was probably the fleet of Morgan the Buccaneer ; he had attacked the Spaniards in Cuba with twelve ships the previous year, 1668, and attacked Maracaibo in March of this year with seven ships (see Southey's ' Chronol. Hist of the W. Indies'). LETTER FROM BERMUDA, 16(59. 637 (11) Tour order for M' Samael Smith his enlargement hath bin APP. XI.^ punctnallie obserued, the which in our Judgement hath deserued the character of a conscientious and industrious person in his afore- said fBunction, not haueing failed in his preaching the word of God since his arriuall in these Islands, in his owne or som other Church euery Lords day, The which for his vindicacon, hath craned to haue the copie of his ministerial orders and certificat transmitted vnto your Hon'''^ Societie to scan the validitie thereof, hee not doubting that you will pronounce them sufficient . . for the improuement and propagacon of the Grospel of Jesus Christ . . administering the Lords supper, as likewise of catachizing in the Pulpit . . the peo^ple in his charge haueing hitherto approued and embraced him in the p'mises. Although smce that discourse hee hath bin by others maligned and pronounced to be vncapiable of officiating as aforesaid, for want of Episcopal ordination. (12) As you haue been pleased togratifie the desires of the last generall Assembly, by a wholesome Lawe for the raising of the coyne amongst vs videlzt Pieces of eight, half pieces and quarter pieces of each sort, Soe wee the Gouernor and council (as well as the late assemblie) doe humbly craue, that you will by your next order the raising of the halfe quarter pieces als Eoyall, or sixpenies, Mexico Seuill and Pillar Royalls at QA per piece, and the Perue Royalls at Td per piece to pass current among vs. (13) The present Sheriffe accordinge to the dutie of his place, was diligent in sending home an accompt of what armes and ammu- nition was wanting amongst vs the last yeare, vnto which accompt wee refer you, desireing you to consider or at least to giue an allow- ance for what ammunition hath bin spent this last yeare, and not to fayle of sending a generall supply both of the one and of the other, wee meane of Arms and Ammunicon by y' next shipp. Wee doe further humblie request you to send plentie of Armes, Bastard mus- quet bore, one halfe matchlocks and one halfe fierlocks, carbine length, of one and the selfe same bore, that one sort of shott may fitt all the armes you send ouer. And that you will be pleased that care may be taken that the armes may be good and seruiceable, and not like them formerly sent, most of which were defectiue before they were vsed. And that you will be pleased that care may bee taken that the shot be all of one size suitable to the bore of the armes you send ouer. A gen'aU want of swords and belts, which wee desire may be sent with the rest by y' next Wee further craue for the vse of the Kings Castle, and the three fPorts eyght barrells of Barr shott. Thus leaueing your Hono'''® Societie to the p.teotion of the Almighty, wee rest Tour freinds and servants at command, John Hetdott, D. Gov. Thomas Wells Pfrances Tucker John Darrell Sen' Hen. Moore (negroes excepted) Godheard Asser Jonathan Turner Christ. Burroes 638 APPENDIX xr. APP. XI. Signatures Continued — Henry Durham (the case of M." Smith, and the negroes pro- ceedings excepted) William Sayle (herevnto I subscribe except the clause about M' Smith and the negroes) Samuel Whalley (herevnto I subscribe except the clause about the whale fishing, M"^ Smith, and the Negroes, wherein I joyne with the Assembly) Richard Stafibrd Sher. (I doe hereto subscribe except the clauses about Captain Seymour, and M' Smith) Henry Tucker, Secretary. REV. S. BOND AND THE QUAKERS. 639 XII. Eeference has been made at p. 460 to a public disputation app. Xll. with the Quakers held by the Eev. Sampson Bond in May 1678. ' ' ' The Preface to Bond's published account of this affair gives some particulars of what led to it, which are worth preserva- tion. A Publick Tryal of the Quakers in Barmudas upon the first Day of May 1678. By Sampson Bond late Preacher of the Grospel in Barmudas. Boston in New England, 1682. The Preface to the Christian reader : — Being lately informed, that the Quakers had left a Paper (with a gentleman in this Island) intimating a chalenge to the ministers hei-e, viz. whether the ministers God or the Quakers God were the true God, little notice was taken of this their folly : in a short time afterwards a justice of the peace acquainted me that a Quaker brought him a Letter, and would have him deliver it unto me, but he refused to receive it from him. And some few dayes after this, an honest neighbour told me, that the Quakers had reported up and down the countrey so That I would as soon take a Bear by the tooth as dispute with them : and withal that thereby the leading Quakers did confirm and increase their party : Hereupon I sent unto them (a synagogue of libertines) the charge in the title page asserted [being answers to three short Questions] and in the paper (which was sent the 15* day of April 1678) they were informed that I would be ready to prove (from the Holy scriptures) the charge against them : upon the modest motion of any one or more Quakers in the Islands (on any Lecture day in Devonshier Tribe church) in order to a regular and peaceable disputation, for the investigation of the Truth of the true god, which paper the Quakers received and accepted. And according to the general directions therein given, they came (the first day of May following) to the place assigned (but without giving me any special notice of it) Then Francis Eastlack a Teacher amongst them moved for a performance of my promise in reference to the charge (which he called a chalenge) under my hand against them : I forthwith told him that I was ready by Christs help to do it, howbeit by the way (as I told them) I thought it fit to signifie unto them so That as they had accepted the Paper which I had sent to them, so they had thereby bound themselves to all the terms and 640 APPENDIX XII. APP. XII. conditions therein expressed : as namely — 1. That the Dispntation ' ' ' is to be Regular ; that is to say, I am (in the first place) to prove the whole charge, without any interruption from any one of you. That then any one or more of you may (without interruptions from me) answer my arguments, or give your assent. 2. That the dis- putation is to be peaceable : that is to say one person only (at a time) is to answer, That the Disputation may not end (as usually such kind of Disputes have done) in an unprofitable confusion, but to the satisfaction of the numerous and judicious Hearers and that at the end of all They may judge (according to the scriptures of Truth) between you and me Let me hear pray the Reader to take notice that not any thing said by me (touching the Regular and Peaceable Disputation) was gainsaid by any of them, whose silence was (by all the Hearers) taken for their full consent : yet notwithstanding herein they declared themselves most unfaithful, for they frequently interrupted me, more especially by casting in impertinent objections, ere I had half answered this or that scripture which some one or other of them had proposed, thereby in design (as I thought) to obstruct the special matter, ready to be uttered for the satisfaction of the attentive hearers : which urged me (as I must confess) in- advisedly to say that what I had, and should then have declared, I would cause to be printed, that full returns might be given to the objections made, and scriptures wrested by them : saying If I could not be heard I would be read : herewithal, I cannot deny, but that I have in the returns inserted sundry things from judicious authors (for confirmation) or further explication which I might not then have alledged, though I had not met with any interruption at all, and forasmuch as some of them have (as I am informed) since said that their business was not managed aright by them, and that some things were forgotten to be spoken, not only these but all other things which might seem for their advantage I have (in their due places) set down and answered : upon the whole I do assure the Reader I should not have given myself this trouble : had they not (by their manifold interruptions) provoked me to make that in- considerate open promise as above, concerning which many of the hearers have since been my frequent Remembrancers, and probably others may be ready (on default of performance) to reflect slan- derously upon me, whose reviling rudeness is but too well known, and so farewel. Sampson Bond. This insueing Discourse had been printed sooner, had not M' John Forster (the Printer) been disenabled by a tedious sickness of which he died. TESTIMONY TO BOND's PIETY. 640a I am indebted to Mr. Noel Sainsbury for the following in- APP. Xll. teresting Letter, recently found among the Shaftesbury Papers, i670. in the Public Eecord Office, § IX. No. 26. The writer, Captain William Sayle, had left Bermuda in the previous month of February,* and consequently before the proceedings against Kev. Sampson Bond, which are recorded at p. 330 et seqq. The testimony borne to his piety and zeal is, however, so honourable to the man, that justice requires its insertion, after the many unfavourable traits in his character which have come before us. Captain Sayle died towards the close of the year. The original is endorsed in the handwriting of John Locke, whose intimate relations with Lord Ashley are well known, and who was the author of the 'Constitution of the Carolinas.' Lord Ashley's portrait may be seen at Charter House School. William Sayle to Lord Ashley, June 25th, 1670. Much Hon'* and Noble Lord, — I hope yo' lord"^ hath rec* an acco" (Long before this tyme) of Gods providences and dealings with yo' Servant and Colony here in Carolma from my selfe, Mr. West, &c,. Thongh we are (att pre- sent) under some straights for want of provision (incident to the best of New Plantacons) yet, we doubt not (through the goodness of God) of recruits from sundry places to w""" we have sent. But there is one thing w** lyes very heavy upon us, The want of a Godly and orthodox MLaist', w"* I and many others of us have ever lived imder, as the greatest of on' Mercyes ; May it please yo' Lord*' in my late Country of Barmudas, there are diverse Minist" of whom, there is one Mr. Sampson Bond, heretofore of Long standing in Exeter Colledge in Oxford, and ordajned by the late Byshop of Exeter, the old Do' Joseph Hall ; And by a Comission from the Earle of Manchester and Company for the Sumer Islands, sent There in y' yeere 1662 for the term of three yeeres, under whose powerfull and soul-edefying Ministry I have Hved about eight yeeres last past ; There was nothing in all this world soe grievous to my spirit, as the thoughts of parting with his Godly society and fayth- fall Ministry ; But I did a little comfort my selfe, that it might please y' Lord by some good meanes or other to enclyne his heart to come after us, who hath little respect from some who are now in Authority in Barmudas, w""" is a great discourag"* to him ; w"'' Is taken notice off in other places, and he is invited to Boston in New England, and to New Yorke by the Govemo''^ there, with tenders of Large incouragements, If he will come to y' one or other place^ ; I have likewise wiitt most earnestly to him desiring that he would come and sit downe with us, Assuring him it is not only my urgent Bequest but withall the most hearty request of y' Colony in Gene- rail, who were exceedingly affected with him and his Ministry all the tyme they were in Barmudas, And we shall all have assured ' See Vol. I. p. 737. ' See p. 289. VOL. II. B s 9 640i TESTIMONY TO bond's PIETY. •^££^^1^- Cause to Bless God for him, so long as we shall live, might he be 1670. gained to be on' settled Miaist' S"^ John Yeomans was soe much affected with him, That he promised me he would procure a Comis- sion from the King to make him ou' Minist' and to the uttmost endeavo' to procure him a Considerable sallary for his incourage™' But I can heare of nothing done by him herein, w* hath imboldened me (in the name of all y* rest) most humbly to beseech yo' Lord'"" to put on bowells of great Goodness and Compassions towards yo' Colony here, in procuring (w"'' yo' Lord"' may easily and speedily doe) a Comission and Competent sallary for him for about five or seven yeeres, (till the Lord shall enable us to mayntayne him ou"^- selves) to be paid to him or his assignee in London, Barbadoes, or elsewhere ; I doe most faythfully assure yo' Lord'* that this Mr. Bond is so well knowne, well reported off, and so beloved in most the Carabee Islands, That were it knowne abroad that he were yo' Minist' here It is the iudg"' of sundry prudent persons. It would (in a little tyme) gaine many hundreds of Considerable persons to this place ; oh, that It might not be deemed too much boldness in me, to beseech yo' Lord*'' with y° desired Comission to bono' him with yo' Lett' w* If it be sent to yo"' Comissio" att Barbadoes, It will soon be dispatcht to him ; I shall not (att p'sent) give yo' Lord'"" any further trouble, takeing my leave with my fixed purposes to the uttmost during life to further this yo' Lord'P" (hytherto) Blessed Designe, ever praying for an encrease of those yo'' manifest favo" of all kinds and degrees of eminent Gifts and graces from God, and likewise for an encrease of yo' most deserved Hon' and Noble dignityes from his sacred Maiesty. Resteth yo' Lord'^ in all humility and fiayth- f uUness to Hono' obey &c William Satle ffrom Albemarle Point in Ashley B,iver, June 25th 1670 For the Right Honourable Anthony Lord Ashley at Little Exeter House in the Strand Lord Ashley to Governor Sayle. [Extract] In answer to your desires concerning Mr. Samson Bond wee writ formerly both to him and you, to let you know that if he would come to Carolina he should have 600 Acres of land ^40 per ami and an house, but though wee allow him this salary and allotment of land to be the Preacher among you, yet wee give neither him nor you authority to compell any one in matters of religion, having in our Fundamental Constitutions granted a freedom in that point which wee resolve to keepe inviolable I am Tour very affectionate friend Exeter House 10 April 71. [P. R. 0. Shaftesbury Papers. Section ix., No. 55, pp. 15-17.] 641 XIII. Instructions from the Crown, relative to the Eoyal Revenues. The Groverno"^ of Bermudas concerneing y^ Eevenue. To Onr Trusty and well beloved S'' Robert Robinson Kn'. Oar Lieuten' Governo"^ and Oomander in Chief of Oar Islands of the Bermudas or Sumer Islands in America. And to y* Governor or Oomaunder in Chief for the time being there. JAMES R. Trusty and Well beloved Wee Greet you well. Whereas for the better Support and protection of our Severall plantations and Do- minions in America, Wee have Established here such Councills as may provide as well for the particular Wellfare of every one of them, as for the preserving Our Royall Authority and the Governemenfc derived from thence in our said Severall Collonies and plantations. And thereupon takeing notice That it is a Matter of the greatest Importance, and highly necessary for the good of our Subjects, that all such Rents, Revenues and profifitts as belong and Accrue unto us, as well in Acknowledgem' of Our Royall Dignity as for the better carryeing on Our Service and Support of Our Governement in those parts should bee closely inspected and brought into a certaine Method and direct way of Account. And for the avoyding of such neglects and occasions of Mismanagement as may happen upon the place for want of a due Inspection, Regulation and constant care of some person whose proper duty and appointment may inable and impower him to bee usefiill unto us and our Ministers here by calling to an Account such as shall bee any wayes concerned in the collecting, Receiveing or Acoounteing for any of our Rents, Revenues and profits whatsoever ariseing within our Islands of the Bermudas or our Summer Islands. Wee have therefore given strict Order to Our Trusty and Well beloved William Blathwayt Esquire, Our Surveyor and Auditor Generall of All Our Revenues in America carefully and diligently to pursue Our Service and perform his Duty in Relation to Our Revenue in those Our Islands Oomitted to your Governem', And to the end that the Trust reposed in him may bee duely executed without any impediment or interruption whatsoever. Wee doe hereby strictly Coinand you and the Comander in Cheife of those Our Islands for the time being, And it is as a principle Instruction to those you have allready received from us, That you give to him the said William Blathwayt, and such as shall hee imployed by him. in the Affairs aforementioned all such assistance as may tend to the most Easey Execution of his said duty. And that you take especiall VOL. II. T T A PP. XIII. 1686. 642 APPENDIX XIII. ^^j- cate, that speedy and Effectnall lustice be Administred in all Causes . — ,_1_^ that Ooncerne Oar Revenue. And that you doe alsoe direct and 1686. give in Charge to All persons whatsoever to whom it may belong to Act or intermedle with any part of Our said Revenue and profitts ariseing within your Governement. That setting all Excuses aside, They doe punctually and readily pursue such directions as they shall receive from Our said Surveyor and Auditor General! accordeing to the powers and Authority graunted unto him in that behalfe. And that they doe from time to time and by all opportunities transmit unto him the perticuler Accompts of Our said Hevenues of what Nature soever they bee. To the End the same may bee represented by him unto Our High Treasurer, and Our Service thereby eSflctually carryed on. And that yon give all such persons and others "whom it may concerne to understand. That as wee are graciously inclined to apply such of Our Revenues as accrue within Our said Islands to the imediat use, support and Security thereof. Soe wee are Resolued to hold a Strict hand upon the Execution of theire Re- spective Duties above-mentioned. And that theire Neglect therein will draw upon them the Consequences of Our just Displeasure. And theise Our Comands together with the Letters Pattents graunted unto the said William Blathwayt, Wee doe hereby direct and require to be entered in the Publique Register of those Our Islands, that noe person may pretend Ignorance thereof. And that the same bee deemed good and Effectnall in the Law to all intents and purposes whatsoever within Our said Islands under your Governement. And soe Wee bid you Farewell, ffrom Our Court at Whitehall, the 23"* Day of Nov*"''^ 1686 in the Second yeare of Our Raigne. By his Ma**^" Command Rochester. 643 XIV. Papers illustrating the position of the Governor under the app. Crown in relation to Public Worship, and to Education. - _ , ' 1694. (1) By his Excellency John Goddard Esq™ Governor and Ordinary of these Islands. To John Fowle Clerk Vpon your request to me made Expecting in all things to be obedient and observant to mee from time to time in your Function and Office In relation to the exercise of preaching, and other your ministeriall Offices. These are to Lycense and authorize you the said John Fowle according to your usuall practice to preach in and throughout these Islands And to Instruct the people in the Principles of Christian religion And laying aside all unnecessary disputes, and avoiding all Reflections vpon the estabUshed church of England you are hereby required to exhort the People to a good life By preaching repentance towards God and ffaith towards our Lord Jesus Christ and In- structing of them In those necessarye Articles of ffaith wherein all Protestants Generally agree And for your see doeing This shall be your warrant Given vnder my hand & y^ Publicke seale of these Islands the seaven and Twentieth day of March In the years of our Lord 1694 John Goddaed. (2) By his Excellency John Goddard Esq™ Governor & ordinary of these Islands. To Nathaniell Astwood of Warwick Tribe Knowe you that out of the Trust and confidence I have and Repose in your ability honesty and Industry I the Governor and Ordinary aforesaid Have given and granted, and by these presents do Give and Grant vnto you the said Nathaniel Astwood, full power Lycense and authority to keepe a Publick School in these Islands Therein to teach and instruct all such children and youth as shall come or bee sent vnto you In spelling, reading and Learning accor- ding to the best of your skill experience and knowledge And that you take care and provide that they may Learne the Creed, the Lords Prayer and the Ten Commandments in the vulgar Tongue and all other things which a Christian ought to knowe and believe for his T I 2 644 APPEiYDIX XIV. APP, XIV. souls health you therefore Taking receiving and Perceiveing to your own use and benefitt all reasonable sattisfaction recompense and 1694. reward for your care and encouragement in manageing exerciseing and performing In and about the premisses Provided alwaies that these presents shall continue in Force dureing my pleasure only. Given under my hand and the Publick seale of these Islands, &c., 15 October 1694. John Goddaed. It appears by the Devonshire Parish Book that the Eev. Mr. Follies officiated there in 1704 — probably the same as the Eev. J. Fowle — receiving a remuneration of 16 shillings for each and every Lord's Day that he should preach in the parish church. An application made in March, 1700, by the Parish, to the Church of Boston in New England, ' to prociu-e a minister of the Gospel of Christ to be with all convenient speed transported to these Islands here to officiate in the Gospel aforesaid,' would therefore appear to have been unsuccessful : but the fact is a proof that nonconfonnity was still predominant in that parish. To face Page 645. v^^'-r «#r«%1, r" THE BERMUDAS. I. REDUCED FROM NORWOOD'S SURVEV OF 1663. FROM THE COPY OF 1739 IN THE PUBLIC RECORD OFFICE ir. REDUCKD FROM THE ADMIRALITY CHART OF 1874, II - /^'''aSS^V^ "'■•<.;', '',;. :«^, , ,. . « «, *. •^CKLKS FOR BOTFT MIT'S, STATUTE MILKS CABLE fec^3C= CHARLES PRAETORIUS PHOTOG R A P H E B • =ISliA MILRS 645 XV. NORWOOD'S BOOK OF STJKVET OF 1662-3. The document now for the first time printed in this Appen- -APP. dix, not only preserves a multitude of details respecting the - " first settlement of Bermuda, and the changes in the tenure of 1662-3. Lands effected in the next half century ; but it also furnishes a statistical basis heretofore wanting for a number of desirable measures relating to local assessments, the franchise, and other matters of public concern. It is the best and perhaps in some cases the only authority as to the limits and boundaries of estates, and often appealed to in cases of dispute, which, owing to the destruction of boundary fences, are not rare. There is little to add to the account given in the Preface to Volume I. of the Book itself, but a Despatch of Grovernor Alured Popple has been found, which supplies some particulars. ' M' Norwood,' he says, ' left his original Map and the Book particularly explaining the several possessions of the then In- habitants to a Daughter * as a legacy worth £50, and notwith- standing that upon every controversy about Lands here, all parties had constant recourse to this Map and Book, yet the Government of Bermuda never bought them from the Descend- ants of Norwood, so that the owner rather chose to sell them to me at a less price, than to keep them any longer as a curiosity only. I sent this Map to my brother, that your Lordships might have a copy of it, and that M"" Lempriere might correct any little error he should find in his own.' ^ The Committee, or Board of Trade, had the Map copied on vellum by Gabriel Matthias ; and of this copy formerly in the State Paper Office, but now in the Public Record Office, a copy was furnished to the Colony in 1843 or 1844. The Map annexed to this volume is a faithful reproduction of Norwood's, on a reduced scale, and its close correspondence with the outline of the Islands according to the latest Admiralty ' Governor Alured Popple to the Lords of the Committee o{ Council for Trade and Plantations, 28 Feb. 1739-40. ' Colonial Papers,' Bermuda, U. ^ See his Will. ante. p. 426. 646 APPENDIX XV. XV. -^P. chart, is the best testimony to the skill and fidelity of the old Surveyor. A Sarvey of Sommer Islands sometimes called Bermudas Lying in the West Indies in the Latitude of 32'' : 20™ namely the northermost part in the latitude of 32° 24^"' and the souther- most in 32* : IS" and in Longitude from London neare 04* : 00™ with all the Islands and lands there or thereunto belonging' Taken there according to the order and appointment of the Right Honorable the Governour and Company of Adventur- ers for these Islands Anno 1662 and 1663 the perticulers whereof are here expressed, the numbers against ech parcell having reference to those parceUs as they are described in the mapp or description of this Country herewith sent By Richard Norwood S. The names of the Adventurers I have set downe according to the best information I could haue here, wherein if any error hath happened, or in not giving any man his due titles &c% it was for want of better information w* I hope wilbe amended or pardoned. ST GEORGES ISLAND A. R. P The Govemo' holds of the hono'"'^ Company as belonging to his place, twelve sha,res of land at y" east end of S Georges Island con? g estima? 300 00 Namely in the occupation of David Stoakes p estimat Joseph Goodfaith g estima? . John Mills p estimat . John Mills p estimation John Bedwill p estimat Robert Powell p estima? Cornelius Evans, Matthew Norman Roger Browne, p estimat Alexander Smith p estimat . John Welsh, John Bristow Marshall, Roger Baily, Hannah Holloway, Edward Middleton; Tho. Shaw, John Hurt these seaven hold p estimation 2 sh sh sh sh Oi sh 1^ sh sh and sh sh ' The entrance to St. George's Harbour, to which the Longitude probably applies, is in 64° 41' very nearly. Lempriere placed it in 63° 48', ' computed by observa- tions made by two eclipses of the moon in 1722 and 1726 ' (Gov. A. Popple.) Norwood's sukvby — general lands. 647 A. B. r. The residue of these twelue shares are in y* occa- ^v' pation of the Governo'^ hiraselfe. • — ^^-r-^ — - 2 Gleabe in the tenure of M"^ Samuell Smith y« ^"''•^• present Minister there, two shares con? p es? . 50 00 3 The shreife M' John Nicholls, as belonging to his office four shares of land, con? p' estima? . . 100 00 4 The Secretary M' Henry Tucker, as belonging to his office, holds of y' Hono''' Company 2 sh con? p estimation . . . . . . . 50 00 5 M' John Vaughan, holdeth by lease from M' Caswell of the Companies land, 1 sh : cont p estima? . 25 6 Leiftennant Edward Brackley holdeth of y® bono''' Company at will two shares con? g estima? . 60 00 7 M' John Bristow Marshall holdeth of y" bono''' Company as belonging to his place 2 sh con? p estima? 50 00 8 M" Stalvers holdeth of the hono'''^ Comp : as be- longing to the fferry 2 sha : con? p estima? . 50 00 Summ is 27 shares But the whole Island (as formerly measured) con- taynes, 706 acres that is 28 shares and 6 acres THE SMALL ISLANDS NEARB S GEOEGES 9 Two Islands against y« east end of S Georges lying in Common con? . . . . . . 05 06 10 Pagets ffijrt, whereof Cap' ffi'ancis Tucker is com- mander, with the Island whereon itt stands, some- times called Pennistones Island, and a tenement or dwelling house there, in y" occupation of Leift Jonathan Stoakes as belonging to the ffi3rt con? 31 1 18 11 Smiths ffort whereof Cap' God-heard Aser is com- mander y^ Island con? 00 2 30 12 Smiths Island, in the Tenure of Cap* God-heard Aser from the hono''' Company as commander of Smiths ffort containing . . . . . 61 2 10 13 An Island called Hen-Island neare y® west end of Smiths Island lying in Common and con? . 03 1 04 13 A small Island lying betweene Hen-Island afforesaid and smiths Island lying in Common and con?' . 00 1 20 14 Long-bird Island, In y^ tenure and occupation of James Stirrop and Ralph Wright weavers w'^" they hold of the hono^' Company con? . . 46 2 06 15 Conny Island lying at burnt point, in y" occupation of M' Henry Stalvers con? . . . . 14 3 02 648 APPENDIX XV. B. P. ^SS' 16 Certaine small Islands in the towne harbour Mullet — ^ — - bay and towards burnt point about 10 in num- ^'"^^- ber con? p estimation 02 00 Sum of all these Islands lying neare S Georges . 165 2 16 Davids Island, and first y^ easterne part thereof w"'* is Called y** Companyes land there 17 Cap' ffrancis Tucker, commander of Pagets ffort holdeth of the hono^^ Company 18 A parcell of land neare Davids head in the occupa- tion of his leift Jonathan Stokes, Item Another parcell there in y® occupation of John Hurt, both paroells lying together and containing g estima? 60 00 19 Miles Higgs holdeth of the bono''* Company 1 sha containing g estima? 25 00 20 Hugh Harding holdeth of the hen''' Company 1 sha : containing 5 estimation . . . . . 25 00 21 William Allin holds as afiForesaid 1 share con? p estima? 25 00 22 Cap* Richard Jenings of Smiths tribe, commander of Southampton fifort, holds of the bono*'® Comp: as belonging to the fort and in the occupation of John Grazbury and Randall Davis, g estima? 2 shares of land con? £0 00 23 Leiftennant Thos : Hilton holds of the honoble Com- pany 5 estima? 2 shares containing . . . 50 00 24 Robert Burcher holds as afforesaid 5 estima? 1 sh : con? 25 00 25 Leift : Edward Brangman and his sonne Samuell Brangman holds as affore said 5 estima?, 1 sh con? 25 00 26 William Bell holds of the hono'''^ Company two par- cells of land, namely one parcell on the south side containing by estimation 13 acres, and another parcell on the north side next the bay con? 5 estima? 12 acres both parcells containing 5 estima? one sha : or 25 00 The summ of these lands in S Davids called y" Companies, is 310 00 The lands in S Davids Island, given by y^ Hono''^ Company to Harington als Hamilton tribe. 27 Thomas Sparke of Davids Island holdeth freely a Norwood's survey — general lands. 649 parcell of land, which, formerly belonged to two shares in Hamilton tribe that sometimes were Capt John Bernards and are there marked {no. 19) con? 5 estima? ■ 10 00 28 Tho : Sparke afforesaid holdeth of M' John Milner as belonging to the two shares in Hamilton tribe where he dwells, and another share there in y" occupation of M^° Cox widdow, in all three shares beeing the lands of M' Perient Trott (and numbered there 9 & 20) hee holdeth I say as belonging to these three shares 5 estimat . . 15 00 29 William Adams holdeth of Jacob Axton, as belong- ing to the share of M' Mathew Wicks in Hamil- ton tribe (no there IV^) j estima? . . . 05 00 30 M'= Mary Mountaine (formerly Mary Stow) holdeth a parcell of 10 acres, belonging to two shares in Hamilton tribe, now M' Southemes (no 21). Item another parcell of 5 acres, belonging to a share in Hamilton tribe, in the free tenure of John Place (no 30) both parcells lying together and con? ^ estima? , 15 00 31 Mary Mountaine afforesaid holdeth as belonging to two shares in Hamilton tribe, beeing y*' shares of Cap* George Hubbart of Devonshire tribe (no 12) a parcell con? 5 estima? . . . . 10 00 32 Leiffc John ffox holdeth of Cap* G-od-heard Aser as appertaining to the three shares in Hamilton tribe (whereon hee y^ said Cap* Aser Dwells) •yych vyere late M' Delbridge a parcell con? 5 estima? 16 00 33 Henry Sharp holdeth freely a parcell of 30 acres of w""* 15 acres, did formerly belong to y^ three shares of Cap* Covells in Hamilton tribe (no 27, 28) y'= whole lying together and con? 5 estima? 30 00 34 John Lydall holdeth of M' Samuell Whitney, of Sandys tribe, as apptaining to y° land formerly M' Dikes in Hamilton tribe a parcell containing g estimation 30 00 35 M' John More holdeth freely a parcell w""* was here- tofore John Day and appertaining to a share in Hamilton tribe now M' Webb (no 16) con? g estima? 05 00 36 John More afforesaid holdeth of M' Mich^ Burrows a parcell of land appertaining to two shares of 1663. 650 APPENDIX XV. APP. land in Hamilton tribe in the oocupation of y" said Michi Burrows (no 22) con? 5 estima? . 10 00 1663. 37 Blizabetli Nailor holdeth of M' "Waterman (w"** was heretofore M' Rich : Casswells) a parcell of land belonging to five shares in hamilton tribe w'^'' are thought to bee the shares in the tenure of M"^ Stafford M' Stringer and M' "Wrighton con? 5 estima? 25 00 38 Tho : Stow of Davids Island holdeth freely a jcell of land belonging to a share now or late in y° tenure of Cap* Canter (no 29) con? g estima? . 05 00 39 Tho. Stow afforesaid holdeth of M.^ John Stow and hee of M' Perient Trott a parcell of land lying at y* stocks point, belonging to five shares in Hamilton tribe, whereof foure were y® Barle of Warwicks (no 23. 24. 25. 26) and one y* lyes at ye fflats (no 86) the whole jcell here lying together and con? 5 estima? . . . . 25 00 The summe of these lands in Davids Island belong- ing to 40 shares in Hamil? tribe p estima? . 200 00 So the whole Island of S Davids, devided as affore- said con? g estima? 510 acres. Bat as it was formerly measured it con? 527 acr. The Islands in Southamton halbo' als Castle harbo' 40 Certaine small Islands to the number of 10 lying in common neare to Davids Island, and on y® south side thereof (for y° most part con? p estima?) 08 00 41 The Island called Coopers Island in y° tenure & occupation of David Ming, w"'' hee holds of y® hono^'i Company con? 77 2 20 42 ffoure small Islands lying in Common betweene Davids Island and Coopers Island con? g estima? 03 2 20 43 ffive other small Islands lying in Common neare the south end of Coopers Island con? 5 estimate . 02 2 00 44 The Island called None-such lying in common con? 15 2 13 45 Three small Islands about None-such lying in com- mon con? 01 00 46 Southampton ffort vnder y* Command of Cap* Rich: Jennynes with y" Island whereon it stands con? g estima? 01 2 24 Norwood's survey — general lands. 651 A. K. p. 47 The fellow of it, lying next toward y* north-east in ■^^■ Common j estima? 00 3 30 • , — 48 Kings Castle vnder y" Commande of p"^ hone*'" Governo' Cap* Morentio Seymo', with y^ Island whereon it stands con? j estima? , . . 03 2 00 49 Charles fforfc now decayed (onely there remaynes two peeces of Ordinance dismounted,) the Island con? 5 estima? 03 3 00 60 Three Islands lying neare Charles ffort Island con? 5 estimation . . . . . . . 01 00 51 Some other small Islands lying in Common in Southampton harbo' als Castle harbo' con? j estima? 01 3 00 Sum of these Islands in Southampton harbo''. . 120 3 27 The General! lands at Tuckers towne : — 52 Gleabe-laud in the tenure of M' Abercromby with the Gleabe-house, con? j estima? 2 sh . . 50 00 53 M"' William More and M' Joseph More his sone holdeth of the bono*'' Company two tenements apd two shares of land con? 5 estima? . . 60 00 64 Samuell Atkinson holdeth of the honoble Company a tenement and one share of land con? j estima? 25 00 65 Daniell Marrow holdeth as afforesaid a tenement and one share of land con? 5 estima?. . . 25 00 56 Nathaniell North holdeth of the bono''' Company a tenement and one sha : of land con? 5 estima? . 25 00 67 Parnell "Wilkinson widdow holdeth of the hono*"'® Company a tenement and one share of land con? 25 00 Something shee hath more. 58 Leift William Jones Leift at y^ Castle holds as be- longing to his place, A tenement in his owne occupation, Item another tenement in y^ occupa- tion of James Grazbury, Item another tenement in the occupation of his mother Mary Jones, with two shares of land in the occupation of himselfe and his said assignes con? g estima? . 50 00 59 Tho : Clinch, W™ Newman, John Browne, each of them a tenement and some parceUs of land w* together with y® waste and Common land ex- tending from Tucker's towne bay, almost to y° Castle con? p estima? 95 00 652 APPENDIX XV. A. 1663. '^y' Summe of these General! lands at Tuckers towne and extending thence to y^ point nearest y'= Castle 345 00 Touching some of y^ lands at Tuckers towne as also in Davids Island, I could not be thoroughly informed, though I made severall Joumeyesand enquiries, but have them sett downe, according to y® best information I could gather. The Island called S Georges contayning by estima? 27 shares, but by measure .... 706 2 00 The other Islands in the towne harbo'^ and so to Burnt point con? 165 2 16 Davids Island containing by estima? 510 acres but by measure 527 03 00 Coopers Island, Nonesuch, and y^ other small Is- lands there containing 120 3 27 The Generall lands at Tuckers towne and extending to the point neare y^ Castle contaynes by estima- tion 3-15 acres, but there seemes to bee neare one share more by measure namely . . . 370 00 Summe totall of the Generall land is . 1890 3 03 ISLANDS IN COMMON TO ALL THE TRIBES. The Islands In the Great and Little Sound, lying in Common to aU the tribes : 1 The bigger Island at the bottoome of y^ Little Sound against the lands of M"" John Hubbart con? g estimation 01 2 20 2 The two lesser Islands con? j estima? . . . 00 20 3 Another small Island in the Little Sound neare to Diggs his Dale in Smiths tribe con? g estima? 00 2 00 4 An Island at Baylyes bay on the north side of hamilton tribe containing j estima? . . . 00 2 30 5 Another there more westerly con? g estima? . . 00 1 00 6 The greater of y® Islands in the Little Sound called Trunck Island in the occupation of John Roberts con? 5 estima? 03 00 7 The next there to the northwards in the occupation of y^ said John Roberts con? p estima? . . 01 10 8 Two other small Islands con? j estima?. . . 00 1 26 Norwood's survey — islands in common. 653 A. R, r. In the Great Sound: ^JJ- 9 An Island in Crow lane (lying against y" share of school land giuen by M"" Copeland) In y« occu- pation of Evan Owen for yearely rent w"** he payes to the Govemo'' or shreife for publique vses (as doe the rest of these Islands that are lett out) this Island con? 5 estima? . . . . 03 00 10 Another Island in Crow lane against M' Stowes house to the southwards, lying in comon & con? 5 es? 03 00 1 1 Six small Islands at y" entering of Crow lane lying over from M"^ Stowes point to salt kettle point lying in Common and con? 5 estima? . . 03 1 00 12 Another Island there, in the occupation of Theo : Ackland with the tenement thereon con? 5 es? 28 2 20 13 Two small Islands lying betweene y^ last before entred and Warwick tribe con? 5 estima? . 00 3 00 14 An Island in Bosses hole, lying as afforesaid in Common & con? 5 estima? . . . . 00 2 30 15 Another Island there at y® mill or mouth of Man- grove bay, &c. con? 5 estima? . . . . 00 1 00 16 Another more southerly lying common and con? . 00 2 00 17 Another there more southerly, lying in common 6 con? 1 00 18 Another there more southerly lying &c. and con? pes? 2 00 19 A long Island at y^ entrance of Daniells bay with a smaller farther into the bay, both lying in com- mon and con? 5 estima? 01 1 00 20 A bigger Island lying against M' Stowes Point shares to y" westward, lying in common and con? p es? 03 1 CO 21 ffoure small Islands to y^ westward lying &c. con? 01 1 00 22 An Island with a bay on the south side of it with another lesser Island towards the north east, both in the occupation of Lazarus Owen with y° tenement there con? estima? . . . 28 1 30 23 Another small Island next the two former lying in common and con? 5 estima? . . . . 00 3 10 24 Three small Islands to y^ westward of Lazarus Owen lying in common and con? 5 estima? . 01 2 00 25 A bigger Island, northwest from Lazarus Owen in the occupation of Nathaniell Vesey or his assynes con? 13 3 00 20 Another Island neare adjoyning at y^ west end in XV. 1663. 654 APPENDIX XV ^^- y" occnpation of y^ said Nathaniell Veazy or his R. p. assignes conS g estima? . . . . . 09 2 00 27 Elizabeth Island with a tenement there in y« occu- pation of John Burt con? ^ estima? . . . 21 10 28 An Island at the north head of Elizabeth Island lying in common and con? 5 estima? . . 00 3 20 29 Another Island at y^ northwest of Elizabeth Island lying in common & con? g estima? . . . 01 2 00 30 The Island called Pearle Island, with another small Island at Spannish point and another neare Sic all lying in common and con? 5 estima? 02 1 00 31 An Island to the southward of y^ west end of EUz : Island lyiug in common and con? p estima? . 01 2 00 32 Another Island there more southerly, lying in com- mon con? 5 estima? 02 1 30 33 Three small Islands more southerly, comon con? ^ es? 03 00 34 An Island called Round hill Island in y^ occupa? of Henry Ward Qon? 5 estima? . . , 16 1 20 35 A smaller Island to the southward of y* last entred in y« occupation of Henry Ward con? 5 es? . 02 00 36 An Island called Tuckers Island with a tenement there in the occupation of Nathaniell Conyard con? 21 00 37 The next to y« northward, called y® lesser Tuckers Island in y^ occupation of Thomas Ward con? i es? 07 3 00 38 Two small Islands to the westward of y^ two last lying in common and .con? 5 es? . . . 00 2 00 39 An Island betweene Tuckers Island and Brother Islands sometimes called Graces Island, in comon con? 06 2 00 40 The westmost of y« Brother Islands lying next to Greorges point, with a tenement there in y« occupa? of John Rivers con? 5 estima? . . 20 1 20 41 The eastermost of y« Brother Islands lying in com- mon and con? g estima? 13 3 30 42 An Island neare y« shoare at y« pertition line between y" lands formerly y« Earle of southam- tons, and M"^ Sootts lying in common & con? 5 estima? 02 1 20 43 Two small Islands neare Jews bay lying in common con? $ estimation 03 00 44 Two Islands betweene y" entrance of Heme bay the NOEWOOD's survey — HAMILTON TRIBE. 655 A. n. p. one in y® occupation of John Helyn, the other •*^- 45 in y° occupation of his mother with a tenement • r-^ both p estimation 17 1 00 "^^■ 46 Two other small Islands within White Heme bay- lying in common & con? j estima? . . . 01 10 The snmme of these Islands lying in coinon to all y« tribes is 253 acr : 2 ro : 36 per : ' HAMILTON TRIBE Begining on the west side of y' tribe next to Smiths tribe 1 M' William Peazly a tenement & one share of land in the tenure of M" Ruth Willis and in the occu- pation of William Dawes. Abutting at y® north end vppon the Little Sound and at the south end vppon the south side sea Bounding to the west- wards vppon a share of land of M' William Pennistones in Smiths Tribe & to y^ Eastwards vppon the foure shares next following, contain- ing with the pond falling therein . . . 25 00 2 Late Oolonell Owen Roe a tenement and by estima- tion two shares, but with the pond abone 3 sha : in the tenure and occupation of Tho : Hatchett Edward Ansley and G-iles Hornsby, abutting at y^ north end vppon two shares in the tenure of Humphrey Harvey and partly vppon the land of M"' Peazley and y^ south end vppon y^ sea con? . 50 00 3 M' W"" Peazley a dwelling house and outhouses & by estimation two shares of land (but much wanting) In y^ tenure of Ruth Willis, and in y" occupation of Humphery Harvey abutting at y° south end vppon y^ two shares last before entred and at y« north end vppon y« Little Sound Bounding to y* westward on y« share aflPoresaid in the occupation of W™ Dawes, and to y« east- ward vpon y« next following in the occupation of Ruth Wills and con? 5 estima? . . . 50 00 note — The occasion of y^ difference before mentioned (as I have beene credibly informed) was this, y^ Countis of Bedford gaue to S' Edward Harwood ' Thus far the Book of Survey has been already printed. See ' The original Lists of Persons of Quality, &c. who -went from Great Britain to the American Plantations, 1600-1700.' Edited by John Camden Hotten, New York, 1874, pp. 304-313. 656 APPENDIX XV, •*PP- two of her tenn sha : here who gaue them to his n. p. 1663. brother M"^ Harwood, who sent over one M Denish vppon them, who complaineth that a great part of y^ two shares was in ponds, obtained of y^ Countesse to have two' intire shares besides y* ponds, and so M' Perincheife laid ont those two shares. 4 M' William Peazly a dwelling house w*'* the out- houses and one share of land in the tenure and occupation of M" Ruth WiUis. Abutting aty» north end vppon the Little Sound and at y« south end partly vppon y'= land late Colonell Roes afforesaid, and partly vppon y^ south side sea bounding to y® westwards partly upon y« two shares late Colonell Roe and partly vppon y^ two shares afforesaid in y^ occupation of Humphery Harvey, and to y" eastward vppon j' two shares of M"' Tho Hall next following coni 5 estima? . 25 00 5 M' Tho : Hall of Summersett Island a tenement and two shares of land in the tenure of Ruth Willis afforesaid. Abutting at y^ north end vppon y^ Little Sound, and at y'^ south end on y« south side sea Bounding to y" westward vppon the share of M' Peazley last before entred and to y« eastwards vppon y^ lands of George ball con? 5 estima? 60 00 6 George Ball, of Hamilton tribe A tenement and two shares of land, namely one share in his owne occupation, and one share in y" occupation of Edward Grazbury, both lying together, and abutting at y^ north end vppon y« Little Sound and at y" south end vppon y^ south side sea Bounding to y^ westward vppon y« two shares of Tho : Hall afforesaid and to y* eastward vppon y^ gleabe land con? 5 estima? . . . . 50 00 These tenn shares before entred were formerly the lands of the Countesse of Bedford, and after- wards of James Lord Marquesse Hamilton, and contayne 260 acres and so have their Common Ground within them. Note where this word [formerly] issued it is to bee understood about forty eight yeares past Anno 1616 when 1 formerly subdivided y^ Country, NOEWOOD'S SUEVEY— HAMILTON TRIBE. 657 A. R. P. according to y^ best information I then had of ■*^^- y'= names. 1663. The forty shares following of this tribe wee begin from the generall land called Tuckers towne and end at the fBatts or Sounds Mouth 7 M' John Delbridge formerly, and now his heires or assignes,A tenement (&by estima?) three shares of land in the tenure and occupation of Cap* God-heard Aser. Abutting at the west end partly vppon the Little Sound, and partly vppon a share of the generall land in the occupation of M' Joseph Moore, and at y" east end vppon Southampton harbo' bounding to y« southward vppon the Generall land, and to the northward vppon y« land of M' John Hubbart con? g estima? 72 00 Note these last before entred are onely two shares & ought to haue beene three, so there is a share wanting by what meanes I know not, the land is also so full of sharp Rocks and rough wayes, that it is scarce passable The share y* is wanting ought to bee taken at y^ south side out of y" generall land, if you bee pleased to giue such order' this land (as I understand) lay void many yeares before Cap* Aser came to Hue vppon it in w"'* time one share was cutt off as appears 8 M' John Hubbart of Hamilton tribe (formerly M' John Dike) three shai-es of land, namely his. dwelling house with a share and half e of land in his owne occupation : Item another tenement and one share and an halfe of land in the occu- pation of M"'' Deborah Hall wid : in all three shares lying together. Abutting at y® west end vppon y^ Little Sound, and at y^ east end vppon ' The folio-wing certificate relating to these lands has been preserved : — These are to certify whom it may conoerne that in the yeare of o' [Lord] 1663 ■when by Order from the bono*" Company I made the Survey of this country I found that the land in the occupat of Cap* God-heard Aser in Hamilton tribe reputed to be 3 shares was but two intire shares by whom laid out or when I cannot eer- tainely tell But I then certified the bono" Company thereof in the booke of Surrey, and that the defect was to be supplyed out of the General land there next adjoyning if they were pleased to giue such order. E. N. Nov. the xxviij 1668 A true Copy of the certificate sent to the hono"^ Company to the best of my memory. VOL. II. U U 658 APPENDIX XV ■*^- Southampton harbo'', bounding to y^ southwards E. P. vppon j^ afforesaid land in j^ occupation of Cap* ^^^^' Godheard Aser, and to y« northwards vppon y^ next following con? g estima? . . . . 72 00 9 M'- Perient Trott (formerly M' Roberts) a dwelling house and outhouses with two shares of land in y^ occupation of M'' John Millner ; Abutting at y^ southwest end vppon the Little Sound and at y^ northeast end vppon Southampton harbo"". Bounding to y^ southeast- wards vppon y^ lands of John Hubbart afiToresaid, and to y^ north- westwards vppon a share of "W™ Haynes next following con? p estima? . . . . . 48 00 10 William Haynes of Hamilton Tribe (formerly M"^ Phipps) A dwelling house &c?, and one share of land in his owne occupation. Abutting at y^ southwest end vppon y^ Little Sound, and at the northeast end vppon Southampton harbo''. Bounding to y^ eastward vppon y^ lands of M"" Perient Trott last before entered, and to y^ westwards vppon y^ share of M"^ Matthew Wicks next following con? . . . . . . 24 00 11 M"^ Matthew Wicks (formerly M' Ralph King) a tenement and one share of land in the occupa- tion of Jacob Axton, W™ Guise, Tho : Croskeyes. Abutting at y^ south end vppon the Little Sound, and at y" north end vppon Southampton harbo'": Bounding to y^ eastwards vppon j" share of W"' Haynes last before entered, and to y® west- ward, vppon the next following con? j estima? . 24 00 12 Cap* George Hubbart (formerly M"" Quick) two shares of land, namely a tenement and one share in y* occupation of Edward Atwood, Item another tenement and one share in y* occupa? : of John Michaell : Butting at y* last before entred and bounding to the eastwards vppon y^ last before entred and to y^ westwards vppon y^ next following con? 5 es? 48 00 13 M"" John Stringer of Hamilton Tribe, two shares of land with his dwelling house and outhouses in his owne occupation : Abutting at y" south end vppon a share in y^ occupation of William Wrighton and at y' north end vppon y^ north- side sea neare Burnt point Bounding to y^ east- NOKWOOD's survey — HAMILTON TRIBE. 659 A. R. P. APP. XV. wards vppoil tte lands of Cap* George Hubbart afforesaid, and to y" westwards vppon j" lands of M-- Eichard Stafford, and M-" Jolin Milner con? 48 00 ^^^^' 14 M'' William Wrighton of Hamilton tribe one sba : of land with Ms dwelling bouse &c?. In bis owne occupation Abutting at y^ sontb end vppon ■f Little Sound, and y^ at nortb end vppon j'^ foresaid shares of Jolrn Stringer. Bounding to y" eastward vppon y^ lands of Cap* Q-eorge Hub- bart afforesaid, and to y^ westward vppon y^ lands next following con? 5 estima? . . . 24 00 15 M"^ John Milner as guardian to his Grandsonn halfe a share and M'' Richard Stafford y" dwelling house w*** one share and a halfe of land (both of Hamilton tribe) in all two shares lying together : Abutting at y^ South end vppon the Little Sound, and at the north end, partlj' on y^ north side sea, and partly vppon y** Common ground at Baylyes bay. Bounding to y^ eastwards vppon y^ lands of John Stringer and William Wrighton before entred and to y<= westward vppon the share of M"^ William Webb next following and partly vppon the common ground at Bailyes bay, and in part vppon Baylies bay con? . . 48 00 16 M"" William Webb a tenement and one share of land in y^ occupation of M" Ann Jennyings widdow : abutting at y" sound end vppon a bay in y« Little Sound, and at y^ north end vppon the common ground at Baylies bay. Bounding to y^ Eastward vppon y^ the two shares last before entred, and to y^ westward vppon a share of M"" Hawes in the occupation of Jacob Axton con? £ es? 24 00 The six shares last before entred were formerly y« lands of M'' Cannon and M"" Oflaey 17 Item a parcell of Common ground of 7 acres lying at baylyes, belonging to 14 shares before entred, namely to M"" Delbridge 3 sha : to M' Hubbart 3 sha: to M' Trott 2 sha: To W" Haynes 1 sh: To M'' Wicks 1 sha : to Cap* George Hubbart 2 sha : To M'' Stringer 2 sha: Touching y^ tenn sha : that were formerly the Countesse of Bed- u u 2 660 APPENDIX XV. A. E. p. ■^^- fords, I find them to contayne 260 acres and so •^^ — '-^ — ' to haue their common ground within themselues 18 M"^ N Hawes one share of land with a tenement or dwelling house in y^ occupation of Jacob Axton ; Abutting at y^ South end vppon the little sound, and at y^ north end vppon j" north side sea. Bounding to y" Eastward vppon y^ lands of M"^ William Webb afiforesaid, and to y^ westwards vppon the share of Mathew Low next following con? 5 es? 24 00 19 M"" Mathew Low of Hamilton tribe a tenement and one share of Land in the occupation of y^ said Mathew Low. Abutting as y^ last afforesaid and bounding to y^ eastwards vppon the share of M"" Hawes last before entred, and to the west- ward vppon a share of M'' Trotts next following con? 5 estima? 24 00 The two last shao-es were formerly Cap* Bernards 20 M'' Perient Trott A tenement and one sha ; of land (formerly S'' Thomas Higgins) in the occupa? of M™ Martha Cox widdow Butting as afforesaid and bounding to the eastward vppon y^ share of Mathew Lowe before entred, and to y^ west- wards vppon y° lands of M' Southerne con? 5 estima? 24 00 21 M"" Charles Southerne of Hamilton tribe (formerly M"" John Gearing) his dwelling house and two shares of land in his owne occupation. Abutting at y* south end vppon the Little Sound, and at y^ north end vppon y^ North side sea : Bounding to y^ eastwards vppon y" foresaid share of M"" Perient Trott, and to y^ westwards vppon y® lands of Michaell Burrowes con? . . . 48 00 22 M' Michaell Burrowes of Sandys tribe (formerly M"" Cleophas Smith) A tenement and two shares of land in the occupation of William Outer- bridge, abutting as y^ last before entred and Bounding to y^ eastwards vppon y^ foresaid land of M"^ Southernes, and to y^ westwards vppon y" lands of M'' Perient Trott con? p estima? . . 48 00 23 M"" Perient Trott A tenement and one share of land in the occupation of Richard Jones. Abatting at y" South end vppon y^ lands in the occupa- NOBWOOD'S SUEVEY — HAMILTON TRIBE, 661 A. B. P. tion of William Ottterbridge and Samiiell Stone, APP. and at y° north, end vppon y^ north side sea. ^^-_,_L_ Bounding to y^ eastward vppon. y^ foresaid land l^^3- of Michaell Burrowes and to y^ westwards vppon y'' lands in y» occupation of Samuell Stone con? 24 00 24 M"^ Perient Trott A halfe share of land in y^ occu- pation of William Outerbridge, Abutting at y® south end vppon the Little Sound, and at y« north end vppon y* foresaid share in the occupation of Richard Jones bounding to the eastwards vppon the foresaid land of Michaell Burrowes and to the westward vppon y^ lands in y« occupation of Samuell Stone con? j estima? , . . . 12 00 26 M'' Perient Trott a tenement with one share and an halfe of land in the occupation of Samuell Stone Abutting at the south end vppon the little sound and at y^ north end partly vppon y"* north side sea and partly vppon y' share afEbresaid in the occupation of Richard Jones Bounding to y" eastward vppon y^ foresaid lands in the occupa- tion of Richard Jones and William Outerbridge, and to y^ southwestward uppon a share in the occupation of William Outerbridge con? . . 36 00 26 M"^ Perient Trott A tenement with a share of land in y^ occupation of William Outerbridge, Abut- ting at ye southeast end vppon the Little Sound, and at y^ northwest end vppon the north side sea called y^ Crawle Point. And lying betweene y* lands last afforesaid in y^ occupation of Sa- muell Stone to y^ northeastward, and the lands of Tho : Burgis to the southwest con? 5 estima? 24 00 The foure shares last before entred lying to- gether were formerly y' lands of ye Earle of Warwick 27 M'' Tho Burgis of Hamilton tribe (formerly Cap* Covells) his dwelling house &c? with two shares of Land in his o wne occupation. Abutting at y® southeast end vppon y^ Little Sound, and at y^ northwest end vppon y" north side sea and Cove called y° Crawle and lying betweene y^ foresaid lands of M"^ Perient Trott to y^ northeastward 662 APPENDIX XV. A. K. P. AK"- and y« lands of M''^ Margery Hobson to y« south- « :— — - westward con? 5 estima? . . . . . 48 00 1663. 28 M" Margery Hobson (formerly Cap' Covell) A tene- ment with one share of Land in y® occupation of William Thaxton: Abutting at the southeast end vppon the Little Sound ; aij^d at the north- west end vppon the north side sea Lying be- tweene y^ the lands of Thomas Burgis afforesaid to the northeastwards and the lands of Cap* Canter con? 24 00 29 Cap* Christopher Canter a Dutchman, A tenement and one share of land, (formerly M"" Greenwell) in y^ occupation of Henry Smith abutting as the last before entred. And lying betweene y* lands of M""' Robson afibresaid to the northeast- wards and the land of John Place to the south- westward con? . . . . • . . . 24 00 30 M"^ John Place of Hamilton tribe, one share of land (formerly M"" Sprusons) Abutting as afforesaid ; And lying between y^ lands of Cap* Christopher Canter to y'' northeastwards, and the lands of Thomas Collins & John Morris to y'' southwest- wards con? 24 00 31 Tho : CoUius and John Morris both of Hamilton tribe (formerly M"" Poisons) one share of land in their owne occupation abutting as afforesaid and lying betweene y^ lands of John Place affore- said to y= northeastwards and y^ lands of M" Ann Allin to y" southwestward con? . . 24 00 32 M" Ann Allin (formerly M"" Poison) one sha : of land in y^ occupation of Tho Colhns afforesaid. Abutting as afforesaid. And lying betweene y* lands of Tho. Collins and John Morris afforesaid to the northeastward, and y^ lands next follow- ing in the occupation of M'' Anthony Joyner to y'^ southwest con? 24 00 33 M'' Ejiightly (as the tennant saith some say M' Webb, but formerly it was M"" Webbs) one share and an halfe of land in the occupation of M'' Anthoney Joyner senio"" ; Abutting at y« south- east end vppon the Little Sound, and at y^ north- west end vppon y« north side sea and Shelly. bay lying betweene the lands of M" Ann Allin affore- said to the northeastward, and a parcell of Com- mon land to the south westwards con? . . 36 00 Norwood's survey — Hamilton tribe. 663 XV. 1663. A. B. P. 34 A parcell of Common gronnd containing 13 acres ■*^- Abutting at y" southeast end rppon tte little sound, and at y® northwest end vppon y^ north side sea at Shelly-bay lying betweene M' Webbs land on either side. This Common ground be- longeth to twenty six shares in this tribe namely to M"^ Wrighton for one sha : M"" John Milner and Ml- Stafford 2 shares M>- WiUiam Webb 1 share. M"- Hawes 1 sha : Mathew Lowe 1 share M"^ Perient Trott 1 sha Charles Southerne 2 sha : M"- Burr owes 2 shares M"- Perient Trott 4 shares M"^ Burgis 2 sha M" Robson 1 share Cap' Canter 1 share John Place 1 share Tho ColHna and John Morris one share M""' Ann Allin one share M' Webb 3 shares M"- Perient Trott 1 sha : all containing . . . . . . 13 00 36 M'' Knightly als M"^ Webb one share and an halfe of Land in the occupation of M"" Anthony Joyner senio''. Abutting at y* southeast end vppon the Little Sound and at y'* northwest end vppon y^ north side sea lying betweene y" fore- said parcell of common land to y^ northeast- ward and y* share next following of M"" Perient Trotts to y^ southwestward con? . . . 36 00 36 M"- Perient Trott (formerly M"^ Thorpe) one share of land in y® occupation of John Yates senio"- Bounding on the north-east side vppon y^ lands afforesaid in the occupation of M' Anthony Joyner, and in all other parts vppon y^ sea neare y« Matts and mouth of the Little Sound con? . 24 00 37 There is moreover belonging to the forty shares last before entred a parcell of twenty acres lying on y^ southside of the Flatts and abutting at ye southend vppon a parcell of Common land in Smiths tribe, and lying betweene y'= lands of M"" Anthony White to y° eastwards, and y^ lands of Cap' Richard Jennynes to y« westward, w"^*" together with y^ two parcells of Common ground afforesaid makes every of these 40 shares to bee 26 acres to a share, as all other shares in the country are, with the common ground to them belonging con? 20 00 So (reckoning to M"" Delbridge three shares) this tribe called Hamilton tribe containeth fifty 664 APPENDIX XV. A. E. P. ■^^- stares, and every share with the Common XV, ground &c? thereto .belonging 25 acres The ^^ whole tribe containes 1250 acres SMITHS TEIBB. Beginning on y^ Hast side of the tribe next adjoyning to Hamilton tribe. 1 M"" William Pennistone of Smiths tribe (formerly S"" Dudley Diggs) A tenement and two shares of land in his Mothers occupation : Abutting at y® south end vppon the south side sea and at y^ north end vppon y^ Little Sound lying betweene y<= aflfbresaid lands of y^ Countesse of Bedforde to y" eastward, and the lands in the occupation of Richard Hawkes to the westward con? . 49 00 2 Richard Hawkes of Smiths Tribe (formerly M'' Edwards) a tenement and two shares of land in his owne occupation abutting as y* last before said, and lying betweene y^ foresaid lands of William Pennistone to y^ eastwards, and y« lands of Samuell Newton to y^ westward con? 49 00 3 Samuell Newton of Smiths tribe formerly M'' Payne A tenement and two shares of land in his owne occupation Abutting as afforesaid ; And lying betweene y* lands afforesaid of Richard Hawkes to the eastward, and y'= lands of John Napton to ys westward 49 00 4 John Napton of Smith tribe (formerly M'^ Robert Payne) a tenement and two shares of land abut- ting as afforesaid and lying betweene y'= lands of Samuell Newton afforesaid to y^ eastward, and a share of M'' Perient Trotts to y'= westward con? 49 00 5 M"" Perient Trott formerly M'' Robert Smith A tenement and one share of land in y* occupation of Nathaniell North Abutting as afforesaid and lying betweene y^ lands of John Napton afforesaid to y^ eastward, and a share of M'^ Tho Cawley to y'^ westward con? . . . . 24 2 00 6 M'' Thomas Cawley (formerly M'' Robert Smith) two tenements and one share of land whereof y^ south halfe is in the occupation of James Gib- bons, and y^ north halfe in the occupation of Margarett Reynbolds. Abutting as afforesaid ; Norwood's surveys— smith's tribe. 665 XV. leesT A. E. F. And lying betweene y^ foresaid sbare of M'' ■^^• Trotts to y'' eastward and y^ lands of 'My William Wrighton, and leiftennant Edward Brackley to J" westward con^S 24 2 00 7 M.'' William Wrighton of Hamilton tribe (formerly M"' George Barckley) a tenement and one share of land in the occupation of Edward Roberts, abutting at y^ southwards vppon the south side sea, and at y^ northend vppon a share of Lief? Edward Brackley. Lying between y" lands in y® occupation of James Gribbons afforesaid to y^ Eastwards and y^ lands of Cap* Christopher Smith to j" westward con? j estima? . . 24 2 00 8 Leiftennant Edward Brackley of S' Georges Towne, As Guardian to his sonne in law James Halsey (formerly M' George Barckley) A tenement and one share of land in the occupation of Edward Grazbury. Abutting at y^ south end vppon y" land of William Wrighton afforesaid and at y® north end vppon the Little Sound : Lying be- tweene y^ lands of My Cawley afforesaid to y^ eastwards & of Cap' Christopher Smith to y" westwards con? . . . . . . 24 2 00 9 Cap* Christopher Smith of Smiths tribe (formerly M'' George Barckley) A tenement and one share of Land Abutting at y® south end vppon the south side sea, and at y^ north- end vppon j^ little sound, lying betweene ye lands of M'' Wrighton and M"" Barckley to y« eastward, and y'' lands of S'' John Walpoole and Tho Smith to y« westwards con? j estima? . . . . 24 2 00 10 S^^ John Walpoole (formerly M'' George Barckley) A tenement and one share of land in y^ occupa- tion of Cap* Christopher Smith Abutting at y= south end vppon y^ south side sea, and at y« north end vppon y« lands of his sonn Thomas Smith ; lying betweene y" share afforesaid of Cap' Christopher Smith to y^ eastward and a share of M'' Chauncey Sandys to y® westward con? . 24 2 00 11 Thomas Smith of Smiths tribe (formerly M"" George Barckley) a tenement and one share of land in his owne occupation abutting at y" South end vppon y° share of S'' John Walpoole afforesaid and at j" north end vppon y« Little 666 appendix: xv ■^^- Sound lying betweene y^ foresaid share of Cap* A. H. P. Christopher Smith to y^ eastward, and y'' share ^^^^- of M'' Chauncey Sandys to y« westward con? j es? 24 2 00 12 M'' Chauncy Sandys of Smiths tribe (formerly S"^ Samnell Sandys) his dwelling house and one share of land in his owne occupation ; Abutting at y^ south end vppon y*' south side sea and at y« north end vppon y® Little Sound lying betweene y^ lands of S"^ John Walpoole, and Tho Smith afiFore- said to y^ eastward, and M"" William Pennistone and M'' Tho : Grrifan to y^ westward con? . . 24 2 00 13 Colonell John Hinde (formerly S' Anthony Ager) A tenement and two shares of land in the occu- pation of M"^ Thomas Griffin ; Abutting at y'^ south end vppon ye south side sea and at y^ north end vppon y'' lands of William Pennistone, Lying betweene y« foresaid share of My Chauncy Sandys to y"' Eastward, and y^ lands in the oc- cupa? of John Wingood George Ball M"' Pinder to y« westward con? 49 00 14 M' William Pennistone of Smiths Tribe (formerly S"" Anthony Ager) a tenement and two shares of land in his owne occupation Abutting at y^ south end vppon y^ foresaid land in y« occu- pation of Thomas Griffin, and at y^ north end vppon the little sound. Lying betweene y^ lands of M"" Chauncy Sandis afforesaid to y^ east- wards and y^ lands of Leif? Anthony White & Rich Gilbert westwards con? . . . . 49 00 15 M''' Hester Sandys, late Colonell Sandys (and formerly S"^ Edwin Sandys) three tenements and two shares of land in y^ occupation of M^ Timothy Pinder, George Ball and John Win- good. Abutting at y^ south end vppon y« south side sea, and at y" north end vppon y« share of Richard Gilbert. Lying betweene the foresaid two shares in the occupation of Tho : Griffin to the eastward and y^ lands of M"" John Somimer- sall to the westward con? 49 00 16 Richard Gilbert of Smiths Tribe (formerly S' Edwin Sandys) a tenement and one share of land in his owne occupation abutting at y^ south end vppon y" foresaid share in the occupation Norwood's suevey — smith's tkibe. 667 A. H. P. of M'^ Pinder, and at y« north end vppon y<= '^rv ' lands of Leif? Anthony White. And lying ^- — ^ betweene y® foresaid lands of Tho : Griffin, and William Pennistone to y® eastwards and y" land of M' John Sommersall to y* westwards con? 24 00 17 Leif? Anthony White of Smith Tribe (formerly S-" Edwyn Sandis,)' his dwelling- honse and two shares of land in his owne occupation Abutting at y= south end vppon the share of Rich : Gilbert afforesaid, and at y^ north end vppon the Little Sound. Lying betweene the lands of William Pennistone afforesaid to y^ eastwards, and y" lands of M"^ John Sommersall, the common ground & y^ 20 acres for Hamilton Tribe, and partly the Fflatts and Fflatts bridge to y^ west- ward con? 5 estima? 49 00 18 M"^ John Sommersall of Smiths Tribe (formerly S'' Tho Smith,) his Mansion or dwelling house with fine shares of land. Whereof f oure in his owne occupation and one being y" eastermost of y« fine in the occupation of his sonn in law Henry Harvey, All fine lying together and abutting at y® south end vppon the south side sea And at y^ north end vppon a parcell of Common ground Lying betweene y® foresaid lands of M'' Sandys, Rich : Gilbert and Leif ? Anthony White to y« eastward, and y« lands of Cap' Richard Jennynes to y« westwards con? 122 2 19 In these shares is y' Church and Church yard Smiths Tribe A parcell of common ground con? 12 ac : 2 ro : pe Abutting at y« south end vppon the lands of M"^ John Sommersall affore- ' The folloTiring note, which relates apparently to the five preceding shares attests in a pleasing manner the great regard and respect in which Eichard Nor- wood was held by his contemporaries : — Mr. Norwood And my cordiall friend, I doe request you to Certifie mee vnder yoiu- hand writing the Causes, And Circumstances therevnto relateing (soe neare as you know and can remember) why and wherefore you did not proceede in your Measuring the ffiue Shares of Land in Smiths Tribe, formerly belonging to the flfamilie of S' Edwin Sandis, deceased. According to the Contents of the Order of Court And Coitiission directed to Capt Seymer when Gouern' And soe wishing you And your Consort helth & happiness I rest S' Georges Your Louing ffreud Novemb' the 21" 1670. J Hetdon. 668 APPENDIX XV. ^S' said, and at y^ nortli end vppon the peece of E. P. 1663. twenty acres belonging to Hamilton tribe. Lying betweene the lands of Leif? AntHony White to y^ eastwards and y^ lands of Cap' Richard Jennynes to the westward. These 12|- acres of Common Ground belonging to 25 shares in Smiths tribe w""* are in order as followeth, begining with the eastermost Namely to M'' William Pennistone for 2 shares one acre Rich : Hawkes 2 sha : &c? Sam Newton for two sha : &c? John Napton for two shares &c? M'' Perient Trott for 1 share M'' Tho : Cawley for 1 share M"' William Wrighton for 1 share &c? Leif ? Edward Brackley 1 sh : Cap* Christopher Smith 1 share S' John Walpoole 1 sha : Tho : Smith 1 sha : M' Channcy Sandys 1 sha : Oolonell John Hinde 2 sha : M'^ William Penni- stone for 2 shares M""' Hester Sandys for 2 shares Richard Gilbert for 1 share, Leif? Anthony White for 2 shares. In all for 25 shares common ground con? . . . . , 12 2 00 The peice of 20 Acres lying here and belonging to Hamilton tribe is before entred in y* tribe No 37. 20 Cap* Richard Jennynes of Smiths Tribe (formerly M'' Rich Moores) his mansion or dwelling house and 4 shares of land in his owne occupation (except a parcell in the occupation of John Wrighton & Thomas Packwood) abutting at y^ south end vppon y^ south side sea, and at y^ north end vppon the Pflatts-mouth. Lying betweene y^ lands of M"" John Sommersall y^ foresaid common land and y® peece for Hamilton Tribe to y® eastwards, and y« lands of M"" Mathew Bateson to y^ westwards con? . . 98 00 21 M"" Mathew Bateson (formerly M"^ Henry Tim- berley) a tenement and two shares of land in y<= occupation of Severne Viccars and his assigne John Sweeting. Abutting at y^ south end vppon y« south side sea, and at y" north end vppon y^ north side sea neare y*' sounds mouth. Lying betweene y« lands of Cap* Richard Jennynes to y" eastward, and y« lands of Hugh Wentworth to y^ westward con? g estima? . 49 00 Norwood's survey — smith's tribe. 669 Wentworth of "Warrick Tribe (formerly M' Henry Timberly) two shares of land R P 22 M-^ Hugh Wentworth of "Warrick Tribe (formerly ~ " APP- Namely a dwelling house and one share and halfe of land in the occupation of Edward Smith, and another tenement and halfe a share in the occupation of John "Winterflood ; In all two shares lying together. Abutting at y^ south end vppon the south side sea and at the north end vppon y^ north side sea lying betweene lands of M' Bateson to y« eastwards & y^ Lands of Cap* "William Sayle Elyas fflowers and John Young to j^ westwards con? . . ■ . . 49 00 23 Cap* "William Sayle (formerly Robert Johnson Alderman) his mansion house and two shares of Land ; Abutting at y« south end vppon the south side sea, and partly vppon a parcell of common land. And at y^ north end vppon a share of Elyas Fflowers. Lying betweene y^ lands of Hugh "Wentworth afforesaid to y^ eastwards and other lands of Cap* Sayles and a part of y« common land to y^ westwards con? j estima? . 40 00 24 Elyas Fflowers (formerly Alderman Johnson) A tenement and one share of land in the occupa- tion of Tho : "Wells Abutting at y^ south end vppon y= afibresaid land of Cap' Sayles, and at y^ north end partly vppon a share of Cap' Sayles, and partly vppon a share of John Toung Lying betweene y* land of Hugh "Wentworth afibresaid to the eastward, and a share of Cap' Sayle to y« westward 24 2 00 25 John Toung (formerly Alderman Johnson) A tene- ment & one share of land in his owne occupa- tion, Abutting at y® sonth end vppon the land of Elias Fflowers and at y« north end vppon the north side sea. Lying betweene y^ land of Hugh "Wentworth afforesaid to y^ eastward and a share of Cap' Sayles to y^ westward con? ^ estima? , . . 24 2 00 26 Cap* "William Sayle (formerly Alderman Johnson) a tenement and one share of land in the occupa- tion of George Smith ; Abutting at y« south end vppon y« foresaid share of Elias Fflowers and at y* north end upon y^ north side sea. Lying betweene y^ lands of John Tounge afibresaid to 670 APPENDIX XV. E. P. ■^y- y® eastward and other land of j* said Cap* Sayles — . to y^ westward con? 5 estima? . . . . 24 2 00 ^®^^- 27 Cap* "WilHam Sayle (formerly M"- John Wrotli) three tenements and three shares of land as followeth namely y® southermost In y'' occupa- tion of Richard Jennyns 28 The Middlemost in y^ m y^ occupation of Thomas 29 Bostwick : And y^ northermost in y* occupation of Charles Crockford, All three lying together and abutting at y* south end vppon y^ Common Land & y^ south side sea & and at y* north end vppon y« north side sea, Lying betweene the lands afiforesaid formerly Alderman Johnson to y° eastwards, and y* lands formerly S'' John Worsenholmes to the westward con? . . . 73 2 00 30 William Spatohurst of Smiths tribe by his wife late wife of John Argent, one share of land in his owne occupation, being part of foure shares formerly S' John Worsenholmes. Abutting at y* South end vppon y^ common land, and south side sea and aty^ north end vppon y* lands of Cap* Richard Jennynes Lying betweene lands affore said of y* Governo' to y^ eastward, and y^ lands of Parnell Wilkinson to the westward con? g estima? 24 2 00 with y^ dwelling Tiouse 31 ParneU Wilkinson of Tuckers Towne (formerly S'' John Worsenholmes) a tenement and one share of land in y^ occupation of John ap Owen. Abutting at y" south end vppon the Common land and south-side sea and at y® north end vppon the lands of Cap* Richard Jennyns. Lying betweene y* lands of WUliam Spachurst to y^ eastward and Devonshire tribe to the westward con? 5 estima? 24 2 00 32 Cap* Richard Jennynes of Smiths tribe (formerly S'' John Worsenholme) A dwelling house and two shares of land in y^ occupation of Tho: Griffin Abutting at the south end vppon y<= shares of WiUiam Spatchurst and Parnell Wilkinson afforesaid; And at y* north end vppon the north side sea ; lying betweene y^ lands afforesaid of Cap* Sayles to y^ estward and Devonshire tribe to y^ westward con? 5 estima? 49 00 Norwood's survey — Devonshire tribe. 671 XV. A. R. p. 33 Smiths tribe a parcell of Common land con? 12^ -'^• acres neare y^ south side. Abutting at y^ south end vppon y" pond, and at y« north end vppon y^ severall lands afforesayde ; And lying be- tweene y^ lands of Cap* William Sayle affore- said to y^ eastward, and Devonshire tribe to the westward This parcell of Common land is apper- tayning and laid out for 25 shares in This Tribe, w"** are as followeth beginning with y^ easter- most ; Namely M' John Sommersall for fine shares, Cap* Richard Jennynes foure shares M"' Bateson 2 shares Hugh Wentworth 2 shares, John Young 1 sh. Cap' William Sayle 1 sha : Elyas fflowers 1 sha : Cap* William Sayle 3 shares Cap* Richard Jennynes 2 sh William Spatcburst and Parnell Wilkinson two shares y^ whole con? 12 2 00 So this tribe called Smiths tribe contayneth fifty shares, and every share with y^ Common ground thereto belonging twenty & fine acres & so this tribe called Smiths tribe (as others) con? 1250 acres. DEVONSHIRE TRIBE. Begmnmg cm the east side of the tribe next adjoyning to Smiths tribe. 1 Richard ap Owen late M' Anthony Penistone (for- merly M' Johnson) A tenement and two shares of land, in his owne occupation. Abutting at y" south end vppon y« South side sea and at y" north end vppon the north side sea lying be- tweene Smiths tribe to y" eastward, and y^ free- schoole land to y« westward con? . . . 49 00 2 The flireeshoole (formerly y« lands of M'' Benson and M' ffaucet) The dwelling house shoole house and outhouses with a tenement and two shares of land in y® occupation of Persivall Golding and his assignes. Abutting at y« south end vppon the south side sea, and at y« north end vppon the north side sea, lying betweene y» lands of M"^ Richard Ap-Owen to the eastward & y« lands of M'' Lepnard Ward to y« westward con? 24 2 00 672 APPENDIX XV. ■^^- 3 M'" Leonard "Ward (sometimes Cap' Jolin Bernard & formerly M'' Bishopp) the dwelling house & other tenement with two shares of land in y^ occupa? of Samuell Wise & his assignes. Abut- ting at y® south end vppon y'' south side sea neare Harrises bay and at y^ north end vppon y^ north side sea Lying betweene ye ffree-schoole lands to y^ eastward, and y^ lands late y^ Earle of Warwicks and partly y* Common ground, and partly Harrises-bay to y^ westward con? , . 49 00 4 M'' Perient Trott (sometimes y^ Earle of Warwicks and formerly M'' Weld, three) tenements and two shares of land Namely one tenement and one share of land in the occupat of John Bailey, 5 and another tenement and halfe a share in y^ occupation of Edward Bickerton 6 And another tenement and halfe a share in y" occupation of B.obert Baily. In all two shares lying together. Abutting at y^ south end vppon a parcell of Common land, and at y® north end vppon the north side sea Lying betweene y^ lands of M'' Ward afforesaid to y^ eastward, and y* lands of John Long to j^ west- ward con? 49 00 7 John Long of Devonshire Tribe (formerly M'' Al- derley or M'' Francis West) Three tenements and two shares of land in y^ occupation of y'= said John Long and his assignes. Abutting at y^ south end partly vppon y^ said common land and partly vppon y^ south side sea neare Harrises bay, and at y® north end vppon y'= north side sea Lying betweene y^ foresaid lands of M"" Trott to y^ east and y^ lands of y^ Earle of Devonshire to y° westwai'd con? 49 00 8 Devonshire tribe A parcell of Common ground at y^ bottome of Harrises-bay con? 10 Acres Lying betweene y* lands of M"" Leonard Ward to y« eastward and of John Long to y® westward. This parcell of common land is appertaining to 20 shares in this tribe in this order as f olloweth begining at y"= easterrdost Namely to Richard ap-Owen v 2 shares, to y*^ free-schoole for 2 shares M"" Leonard Ward 2 shares M"' Perient Trott 2 shares,. John Long 2 sh y^ Earle of Norwood's suevey — Devonshire tribe. 67 S R. p. Devonshire 10 sh, so for these 20 shares there APP. is Common ground con? . . . . . 10 00 9 The Right hono*"'^ j^. Earle of Devonshire (formerly WiUiam Lord Cavendish) tenn shares of land with y® tenements and appertenances. Which tenn shares (except y'= three eastermost) are not regularly subdivided, but by y'^ estima? and mutuall agreement of y^ tennants. And so there is in y" occupation of Richard Jones three shares ; Jonathan Longstone a share and a 10 halfe, Late Roger Dobbs one share, William Longstone two sha and an halfe, David Long- stone one share, widdow Long one share The whole 10 shares lying together And abutting at y= south end vppon y^ south side sea and at y" north end vppon y^ north side sea. Lying be- tweene y* lands of John Long afforesaid to y" eastward and y^ Lands formerly M'' Edward Luckin to y« west . . . . . . 245 00 Within these 10 shares is y* Church and Church yard for this & y* next tribe. 11 John Cox of Hamilton tribe (formerly M'' Edward Luckin) A tenement and two shares of land in the occupation of Bartholmew Cotes. Abutting at y^ south end vppon y^ south side sea, and at y* north end vppon y^ land of Cap' Williams. Lying betweene y^ lands of y Earle of Devon- shire to y= eastward and the lands of Cap* Geo : Hubbart to y« westward con? j estima? . . 49 00 12 Cap* WiUiam Williams of Devonshire tribe (for- merly M"" Edward Luckin) Two tenements, and two shares of land, in the occupation of himselfe and his sonne William. Abutting at y« south end, vppon y^ lands of John Cox afforesaid, and at y« north end vppon y^ north side sea, lying betweene y^ lands of the Earle of Devonshire to y^ eastward and y^ lands of Cap' Geo : Hubbart to y*" westward con? ^ estima? . . . . 49 00 13 Cap' George Hubbart of Devonshire Tribe (formerly M'' Edward Luckin) his dwelling house and two sha : of land in his owne occupation. Abutting at y^ south end vppon y' south side sea, and at y^ north end vppon y« north side sea Lying be- tween y* lands of John Cox and Cap* Williams VOL. II. X X 1663. 674 APPENDIX XV. A. B. P. ■^M". to ye eastward and y^ lands of M'' Jolin Turner ■ r^ — - and fErancis "Watlington to y« westward con? g ^^^^- estima? 49 00 14 M'' Jolin Turner of Devonshire Tribe (formerly Cap' Edward Ditchfield) his dwelling house and two shares of land in the occupation of himselfe and his sonne Jonathan Tumo'' Abutting at y= south end vppon y'^ south side sea, and at y^ north end vppon y^ lands of M'' firancis Wat- lington. Lying betweene y^ lands of Cap* George Hubbart to y^ eastwards and a share of Jonathan Turners to y^ westward con? p estima? . . 49 00 00 16 M'' ffrancis Watlington of Devonshire tribe (for- merly Cap* Edward Ditchfield) his dwelling hou se and two shares of land in his owne occupation ; Abutting at y* south end vppon y* lands of M"" John Turno'' afibresaid, and at y^ north end vppon y"^ north side sea called oyly-bay. Lying be- tweene y^ lands of Cap* George Hubbart to y® Eastwards and y" lands of John Hariot to y^ westwards con? p estima? . . . . . 49 00 16 Jonathan Turno' of Devonshire tribe (formerly M'^ Nichols) one share of land in his owne occu- pation. Abutting at y^ south end vppon the south side sea & at y^ north end vppon y« land of John Hariot. Lying betweene y^ lands of M"^ John Turno'', and y^ said Jonathan Turno'' to y** east- wards, and y^ lands in -f tenure of Richard Ap- Owen senio'' to y" westward con? p estima? . 24 2 00 17 John Hariot "of Devonshire Tribe (formerly M'' Nichols) a tenement and one share of land in his owne occupa? Abutting at y^ south end vppon the land of Jonathan Turno'^ afforesaid, and at north end vppon y^ north side sea. Lying be- tweene y^ lands of M"" firancis "Watlington to y^ eastward, and y® lands in y^ tenure of Richard Ap-owen to y^ westward con? p estima? . . 24 2 00 18 M'' KJiightley or M"" Dike (formerly M'' Edward Ditchfield or S'' John Wild) Two tenements and one share of land in the tenure of Richard Ap- Owen senio'' and his Sonne Charles. Abutting at y** south end vppon y^ south side sea and at y® north end vppon y" north side sea. Lying betweene y<= lands of Jonathan Turno'' And Norwood's survey — Devonshire tribe. 675 A. B. p. John Hariot to y^ eastward, and y'^ lands of M"" ■*.^- ffletcher to y® westward con? g estima? . . 24 2 00 19 M'' ffletcher formerly m"^ fBetcher senio'^ Two tene- ments and two shares of land in the occupation of Cap* Rich : Herbert and his mother in law M''' Cooke. Abutting at y« south end vppon y= south side sea and at y^ north end vppon y^ north side sea. Lying betweene y^ lands in the occupation of Richard Ap-Owen to the eastward and y^ lands of M"" Delawne to y^ westwards con? . . . . . . 49 00 20 M"^ Delawne formerly M' Giddeon Delawne senio'' two shares of land Namely a tenement and one share of land beeing the sonthermost of the two in the occupation of Robert Wandy, and another tenement and one share of land beeing the northermost in the occupation of Richard Morris. Both shares lying together, and abut- ting at y^ south end vppon y^ south side sea and at y® north end vppon y" north side sea Lying betweene y« lands of M'' ffletcher to y* Eastward and Paggetts tribe and y« lands of . M"^ John Stow to j^ westwards con? j estima? . 49 0- 00 21 M'" John Stow of Pembrooke tribe (late m'' Anthony Pennistone and formerly M'' Roberts) three tenements and three shares of land. In y^ Occu- pation of Beniamin Bowin Ann Dawes widdow and Thomas Budd. All lying together. And Abutting at y^ south end vppon Pagetts Tribe, And at y« north end vppon part of y« Common land. Lying betweene y« lands of M"" Delawne to y^ eastward, and y« lands of Thomas Plum, mer to y^ west 73 2 00 22 Tho Plummer of Devonshire tribe (formerly M"" Best or M'' Hay ward) a tenement and two shares of land ; Abutting at y south end vppon pagets tribe and at y« north end vppon y^ Common land. Lying betweene y« lands of M"" Stow to y« Eastward, and y« land of Beniamin Downing to the westward con? j es? 49 00 23 Beniamin Downing of Devonshire tribe (formerly M"^ Edward Luckin) two tenements and two shares of land in the occupation of David Roe and Arthur Sawyer. Abutting at y« south end X X 2 XV. 676 APPENDIX XV. R. P. ■^S- vppon Pagets tribe and at y^ north end vppon y^ — . ' Common ground, Lying betweene y" lands of Tho : Plnmmer to y^ eastwards, and y^ lands formerly M'' Rogers to y** westward . . . 49 00 24 M"^ Thomas Ellis (formerly M"" Rogers) A tenement and two shares of land in the occnpation of William Hutchinson. Abutting at y® south end vppon Paggets tribe, And at y^ north end partly vppon the Common land and partly vppon the north side sea near Brackish pond Dock lying betweene y® land of Beniamin Downing to y« eastwards, and of M'' Joseph Wiseman to y^ westward con? . . . . . . 49 00 25 Devonshire Tribe A parcell of common land of fifteene acres, lying at Brackish pond dock Abutting at y« south end vppon y^ lands before entred, and at y« north end vppon the north side sea, and appertaining to 30 shares in this tribe, in such order as followeth, begin- ing from y^ eastermost namely John Cos: & Cap* Williams 4 shares Cap* Hnbbart 2 sh : M'' John Turno'' and M"" ffrancis Wathngton 4 sha: Jonathan Tumo"" and John Hariot 2 sh. M'' Dike 1 share M'' ffletcher 2 sha: M'' Delawne 2 sha : M"" Stow 3 sha Tho Plummer 2 shares Beniamin Downing 2 sha : M'' Thomas Ellis 2 shares M'' Joseph Wiseman 2 shares M'' Vaugham and M'' Tho : Clarke 2 sha. con? . 15 00 26 M'' Joseph Wiseman of Warwick tribe (formerly M"^ William Palmer or M'' Antony.) Two tene- ments and two shares of land in the occupation of Thomas Garoway and widdow Wells. Abut- ting at y^ south end vppon Pagets tribe, and at y« north end vppon y^ north side sea. Lying iDetweene y^ lands in the occupa? of William Hutchinson to y° eastwards, and y* lands of M"" Vaughan and Thomas Clarke to y« westward con? 49 00 27 M'' John Vaughan of Georges Towne (late M'" Trimingham and formerly M"" William Palmer or M'' Anthony) A tenement and one share of land in the occupation of Tho Hutchings. Abutting at y" south end vppon Pagets tribe, and in part vppon the bottome of Crow-lane ; -PEilBKOKB TRIBE. 67T A. R. P, And at y" north, end vppon Thomas Clarkes. ■^y' Lying betweene y^ lands of M'' Joseph Wiseman to y® eastwards, and Pembrooke tribe to y° westward con? , 24 2 00 28 l^P Thomas Clarke (formerly M-- William Palmer or M"" Anthony) A tenement and one share of land in the occupation of Martin Potter. Abut- ting at y^ south end vppon y^ land of M"^ Vaughan, and at y^ north end vppon y^ north side sea. Lying between y' lands of M'' Joseph Wiseman to y^, eastwards, And Pembrooke tribe to y^ westward con? . , . . 24 2 00 And thus this tribe called Devonshire tribe con- taineth as other tribes fifty shares, and every share with the Common land in the tribe thereto belonging 25 acres. The whole tribe containeth 1250 acres. PEMBROOKE TRIBE. Beginmg on the East side next adjoynimg to Devonshire tribe. 1 Cap' Thomas Richards of Southampton tribe (formerly M"^ George Smith or M"" Wheatley) two tenements and two shares of land, namely y* one beeing the southermoste in the occupa- 2 tion of M"" John Elwick ; and y« other in the oc- cupation of Christopber Cumber Both shares lying together and abutting at y^ south end vppon y^ Arme of ye sea called Crow-lane neare y* bottome. And at y^ north end vppon y* north side sea lying betweene y^ two shares last before eutred of Devonshire tribe to y'' eastward & the two shares next following to y' westward con? $ es? 49 00 3 Josias Newnam of Pembrooke tribe (formerly M"" George Smith or M"" Wheatley) a tenement and one share of land in his owne occupation Abut- ting at y^ south end vppon Crow-lane afforesaid, And at y^ north end vppon y« share next follow- ing. Lying betweene y= share afforesaid in y^ occupa? of M"^ Elwick to y® eastward and y^ Gleabe land to y^ westward con? 5 estima? . 24 2 00 4 Cap* Thomas Richards of Southampton Tribe (for- 1663. 678 APPENDIX XV. A. E. P. APP. merly M'' George Smith or M'' Wheatley) a ,-^^ tenement and one share of land in y* oconpation ^®®^- of Robert Islake. Abutting at y= south end Tppon y® land of Josias Newnam and at y* north end Tppon y® north side sea. Lying between y" share in y® occupation of Christopher Cumber to y* eastwards, and y' Grleabe land to y^ west- ward con? 5 es? 24 2 00 5 Gleabe land (formerly M"" Leavers) the Gleabe house and tw^o shares of land, In y* tenure of M'' Sampson Bond as Minister of Pembrooke & Devonshire Tribe, both lying together. Abut- ting at y" south end vppon Crow-lane and at y= north end vppon y^ north side sea. Lying be- tweene y* lands in y* occupation of Josiah New- nam and Robert Eastlake to y^ eastward and M'' Dorrell to ye westward con? p estima? . . 49 00 6 M'' John Dorrell of Warwick tribe (formerly M"^ Nicholas Hide) a tenement and one share of land in y" occupation of John Ingham. Abutting at y'= south end vppon Crow lane and at y^ north end vppon y' north side sea ; lying betweene y^ Gleabe land to y" eastward and a share of land in y« occupation of Thomas "Weaverly to y" westward con? 24 2 00 7 S"" Lawrence Hide (formerly) a tenement and one share of land in j" occupation of Tho : Weaverly Abutting at y^ south end vppon Crow-lane, and at y^ north end vppon y' north side sea. Lying betweene y* lands of M"" DorreU to y° eastward and y' lands of M'' Hannah Dounscombe to y" wes?': con? 24 2 00 8 M''* Hannah Dunscombe of Pembrooke tribe (for- merly M"^ Thomas Judwin) A tenement and two shares of land in her own-e occupation. Abut- ting at -f south end vppon Crow-lane and at y" north end vppon y° north side sea. Lying be- tweene -f- lands formerly S"^ Lawrence Hides to y= eastward, and y° lands formerly y« Earle of Pembrookes to ye westward con? . . . 49 00 9 Late S'' Beniamin Rudyer and M'^ John Grant (for- merly y* Earle of Pembrookes) fine Tenement and six shares of land in y'= occupation of Henry ffoord senio"^ Giddeon Seares Richard Richard- NOEWOOD'S survey — PEMBROKE TRIBE. 679 A. E. P. son, Tlio Johnson and Edward Seares. All -^PP. lying together and abntting at j° south end ■ r-^ — • vppon Crow-lane, and at y^ north end vppon y" north side sea. Lying betweene y'' lands of M^'' Hannah Dnnscombe to y° eastward, and y^ lands now or late M'' Alexander Pimme to y° westward con? 147 00 10 M"^ Alexander Pimme now or late (formerly y^ Earle of Pembrooke) three tenements and fonre shares of land in y^ occupation of Richard Richardson John Pittman aenio"^ ffra : Saltus and Richard Potter. AU lying together, and abutting at y" south end vppon Crow-lane and at j' north end vppon y^ north side sea. lying betweene j" lands last before entred to y'' eastward, and y° lands formerly M'' Drapers to y'' westward con? 98 00 11 M"" Perient Trott (formerly M' Draper) A share of land namely one tenement and y^ south halfe of this share in y° occupation of Thomas Swan, and another tenement and y' north halfe share in the occupation of Robert Burton y° whole share lying together and abutting at j' south end vppon Crow-lane and at y'' north end vppon y* north side sea lying betweene y° lands y* were formerly y° lands of y" Earle of Pem- brookes to y' eastward, and y^ share in y° occu- pation of Abiell Beake to y° westward con? . 24 2 00 12 Late Colonell Owen Roe (formerly M"^ Harding or M"^ Bryerley) a tenement and one share of land in y* occupation of Abiell Beake. Abutting at y° south end vppon Crow-lane and at y" north end vppon y^ north side sea. Lying betweene y° share last before entred to y'' eastward, and y' share next following to y° westward con? . 24 2 00 13 M'' Bartholomew Rosyer (formerly M'' Speckart) one sh : of land. Namely a tenement with y^ south halfe sha: in y° occupation of Samuell Hopkins, and another tenement and y' north halfe share in y"= occupation of ffran-ffarnell. The whole share lying together, and abutting at y' south end vppon Crow-lane and at y" north end vppon y" north side sea, lying betweene y"= share last before entred to y" eastward and y* share of Samuell Whitney to y" west : . . 24 2 GO 680 APPENDIX XV. A. B. P. APP. 14 ■M.r Samuell Whitney of Sandys tribe (formerly M' ■ r^ — ' Ward) A tenement and one share of land in the ^^^^' ocoupa? of John Beake. Abutting at y" south end vppon Crow-lane, and a point of land there, and y° north end vppon y^ north side sea Lying betweene y* lands of M"^ Barthol : Rosyer to y" eastward, and y* lands of M'' Roberts to y^ west- ward con? 24 2 00 15 M'' Roberts (formerly M'" ffearne) A tenement and one share of land in the occupation of Humphrey Dobson Abutting at y^ south end vppon Orow- lane, and a bay there called Records bay, and at y^ north end vppon y^ north side sea. Lying betweene y^ lands of Sam : Whitney afiforesaid to y^ eastwards, and the lands of M'' Christopher Bnrrowes to y^ westward con? . . . . 24 2 00 16 M"^ Christopher Burrowes of Sandys tribe (formerly M'' ffearne) one share of land. Namely a tenement and the south halfe of y* share in the occupation of David Watkins & tenement and y^ other halfe share in y'= occupation of John Kempe. The whole share lying together & Abutting at y^ south end vppon Crow-lane and at y^ north end vppon y^ north side sea. Lying betweene y^ lands of M"^ Roberts to y"* eastward, and y= lands of M'' Dennys y« westward con? . . . 24 2 00 17 Mr. Dennys (formerly Mr. Jacobson) one share of land namely a tenement and y^ south halfe of y* share in y" occupation of Hammond Johnson ; And a tenement and y" north halfe of y* share in y" occupation of Daniell Bullard junio''. The whole share lying together and abutting at y" south end vppon Crow-lane and at ye north end vppon y^ north side sea. Lying betweene y" lands of Christopher Burrowes to y^ eastward and a share of Nathaniell Waterman to y" west- ward con? 24 2 00 18 Nathaniell Waterman of Pembrooke Tribe (late M"" fifarrer and formerly M"" Hodges) one share of land in his owne occupation Abutting at y^ south end vppon Crow-lane and at y= north end vppon y'' north side sea. Lying betweene y'= lands of M'^ Dennys afiforesaid to y^ eastward and y'' ffree-schoole land to y" westward con? . 24 2 00 Norwood's sukvev^ — pbmbkokk tribe. 681 oole land (formerly M"^ Holman 1 sha : & M'' ffarrer 1 sh:) two shares of land giuen to A. E. P. 19 ffree-schoole land (formerly M"^ Holman 1 sha : & ■'^^■ the ffree-schoole by M'' fEarrer namely, a tene- ' ment and one share off land in y" occupation 20 of Daniell Bullard senio'' Item a tenement and y^ south halfe of another share in y"^ occupation of Richard Sanders Item another tenement and halfe a share in y" occupation of William Stafford In all two shares lying together. Abutting at y^ south end vppon Crowlane, and at y« north end vppon y* north side sea. Lying betweene y® lands of Nathaniell Waterman to y^ east- ward, and y' lands of M'' Henry ffoord to y^ westward . . . . . . . . 49 00 21 M"^ Henry ffoord junio"^ of Pembrooke tribe (formerly M' Canning) A tenement and two shares of land, y^ south share in his owne occupation ; the north share in y^ occupation of Cap' William Sayle ; Both shares lying together and abutting at y^ south end vppon Crow-lane and at y^ north end vppon y^ north side sea lying betweene y" schoole land to y<^ eastward, and y^ lands next following to y^ westward con? . . . . 49 00 22 (formerly M"^ Martin) The dwelling house and two shares of land in y^ occupation of Cap* William Sayle. Abutting at y« south end vppon Crow lane and partly vppon y^ bay there called ffoords bay, and at y« north end vppon y north side sea : lying betweene j" lands last before entred to y^ eastward, and y^ lands of M"' Henry Moore to y® westward con? . 49 00 23 M'' Henry ffoord junio"" of Peml)rooke tribe (formerly M'' Abbot) one share of land in. his owne occu- pation Abutting at y° south end vppon Crow- lane, and y^ bay there called ffoords bay, and at y« north end vppon y<= lands of M"" Henry Moore. Lying betweene y* lands last before entred to y" eastwards and y^ lands of John. Squire to y° westward con? 24 2 00 24 M'' Henry Moore of Pembrooke Tribe (formerly M'' Abbots) one share of land in y^ occupation of Thomas Dnnscomb Abutting at y" south end vppon y'' foresaid share of Henry ffoord and at y^ north end vppon y" north side sea. Lying 682 APPENDIX XV. ■^j^- betweene y° lands afforesaid in y« occupation of E. P. Cap* William Sayle to y® eastward and y* lands ^^®^- of John Squire to y= westward con? . . . 24 2 00 25 John Squire of Pembrooke tribe (formerly M"" Richard Caswell) two shares of land namely, a share and an halfe of land in his owne occupa- tion. And another tenement and halfe a share of land in y^ occupation of Henry Jones. In all two shares lying together and Abutting at y° south end vppon Crow lane and at y® north end vppon y* north side sea ; lying betweene y'= two shares last before entred to y^ eastward, and y* lands of M'' Rich Norwood to y" westward con? 49 00 26 M"" Richard Norwood of Pembrooke tribe (formerly M"" Richard Caswell) his dwelling house and two sha : of land : Abutting at y" south end vppon Crow lane and at y" north end vppon y* north side sea. Lying between y* lands of John Squire to y* eastward and y' lands formerly S"^ Leonile Oranfeilds and S"" Tho : Smiths to y^ westwards con? 49 00 27 M'' John Stow of Pembrooke tribe (formerly S'^' Thomas Smith) Two shares of land called y^ point shares in his owne occupation. Abutting at y" south end vppon Crow-lane and at y'= north end vppon y bay coining vpp to his house called Daniells bay ; And bounded by y^ lands of M'' Richard Norwood afforesaid to y^ eastwards, and y^ Great Sound to y^ westward, con? . . 49 00 28 M'' John Stow and as some say M"^ John Edwards (formerly S"" Leonile Cranfeilde) A faire dwell- ing house and two shares of land, called y* Mill shares lying together in y^ occupation of y" said M"" Stow. Abutting at y^ south end vppon DanieUs bay afforesaid, and partly vppon M"" Stowes two shares afforesaid ; And to y^ north- ward vppon MiU-creeke or Mangrove bay. And bounded to y^ eastward by y* lands of Richard Norwood afforesaid and to y^ westwards by y^ Great Sound con? . , . , . . 49 00 29 M" Trimingham (formerly S"" Thomas Smith) a tenement and one share of land in y« occupation of Sam : Dunscombe Abutting at ye south end Norwood's survey — Pembroke tribe. 683 vppon Mill creeke afforesaid, and at y^ north, end yppon y^ north, side sea, neare Abbotts bay : Lying betweene y* lands of M'' Richard Nor- ■wood to y" eastward, and y^ lands of M"' Edwards & a parcell of common land to y^ westward con? 24 2 00 30 M"" Edwards (formerly M'^ Cartwright) A tenement and one share of land in the occupation of Richard Hanger Abutting at y° south end vppon y^ Mill Creeke, and at y^ north end vppon y" common land at Abbots bay. Lying betweene y^ lands of M''' Trimingham afforesaid to y^ east- ward, and the lands of M'' Henry Moore to y^ westward con? 24 2 00 31 Pembrooke Tribe a parcel of Common ground lying at Abbots bay con? 16 acres lying betweene y^ lands of M''* Trimingham afforesaid to y^ east- wards and M"" Henry Moore to y® westward w* parcell of common land is appertaining to 30 shares in this tribe,lying in such order asfolloweth. Cap* Thomas Richards for two shares Josiah Newnam & Cap* Thomas Richards 2 sh : Gleabe 2 : M"^ John Dorrell 1 sh : S'' Lawrence Hide one share M" Hannah Dunscombe 2 sh: S'^ Beniamin Rudyer and M'' John Grant 6 shares M'' Alexander Pimme 4 sh : M'^ Perient Trotfc one share Late Colonell Roe 1 sh : M"" Barthol- mew Rosyer 1 sh : M"^ Sam Whitney 1 sh : M'' Roberts 1 sh : M'' Christopher Burrowes for 1 share M'' Dennys for 1 sh Nath : Waterman for 1 sh : schoole land for 2 shares ffor these thirty shares there is here laid a parcell of com- mon land vndevided con? . . . . 15 00 32 M'' Henry Moore (formerly S"^ Anthony Agar) of Pembrooke tribe, a dwelling house and two shares of land. Abutting at y® south end vppon y« Mill Creeke Bosses Hole bay and at y« north end vppon y* north side sea. Lying betweene y« lands of M"" Edwards and y" common ground afforesaid to y« eastward, and y^ lands of M"" Thomas Wood and another parcell of common ground to y* westward con? . . . . 49 00 33 M'' Thomas Wood of Pembrooke tribe (formerly M'' William Payne) A tenement and two shares APP. XV. 1663. 684 APPENDIX XV. A. E. 1'. ■^y- of land abutting at y<= soutli end vppon y^ said ■ — r — -■ bite or bay called bosses hole and vppon Long point and at y"" north end vppon y^ parcell of Common ground lying at Spannish point lying betweene y" lands of M"" Henry Moore affore- said to y* eastward and y® sea called y^ Great Sound to y"= westward con? . . . . 49 00 34 Pembrooke tribe a parcell of common land of tenn acres lying at Spannish point. Abutting at y^ south end vppon y* lands of M'' Thomas Wood, and at y' north end vppon y^ north side sea. Lying betweene y^ lands of M'' Henry Moore to y^ eastward and a parcell appointed to y^ vse of whale fishing to y« westward w* parcell of common land belongeth to 20 shares in this tribe In such order as foUoweth, begining at y® eastermost where wee left M'' Henry foord junio"^ 2 sh : In Cap* William Sayles occupation 2 shares M'' Henry fibord junio'' and M'' Henry Moore 2 shares John Squire 2 shares. M"" Richard Norwood 2 sh M'' John Stow 2 sh M' John Stow other 2 shares M"' Trimingham 1 sh M' Edward 1 sh M' Henry Moore 2 sh M' Thomas Wood 2 sh for these 20 shares there is here laid a parcell of common land vndivided con? 10 00 And thus this Tribe called Pembrooke Tribe con- tayneth fifty shares and every share with y^ Common ground thereto belonging within y« tribe 25 acres The whole Tribe as others con- tayne 1250 acres Item there is moreover in this Tribe at y^ point called Spanish point a parcell of ground w"''^ by relation of y® moste Ancient Inhabitants was appointed for y® vse of "whale fishing. Lying betweene y*^ foresaid parcell of Common ground to y® Eastwards, and y^ bay and point called Spanish point to y^ westward con? 5 estima? 7 Norwood's survey — paget's tribe. 685 PAGETS TRIBE. app. XV Begming on the east side of the tribe next adioyning to ' — 77^ Devonshire Trihe. 1 M' Alexander Pymme and M"" Charles Pymme (for- ■*■. e. p- merly S' WiUiam Garway) fine shares of land. Namely a tenement and one share of land in the oconpation of Williaia Smith. Item another tenement and one share of land in the occupa- tion of John Johnson. Item one share in the occupation of M"^ Nicholas Thorntone Item y« dwelling house and two shares of land in y« occupation of Cap' Edward Stanyon. Item y^ south part of these fine shares betweene y^ pond and y® south side sea with a tenement thereon is in y^ occupation of Robert Ryder) all the fine shares lying together, And abutting at y« south end vppon y« south side sea, and at y^ north end yppon Devonshire Tribe. Lying be- tweene Devonshire Tribe to y^ eastwards and y« lands of M"" Thomas Murrell, and a parcell of Common land to y" westward con? . . . 122 2 00 2 M"" Thomas Murrell of Southampton Tribe (for- merly Alderman Cotton) A tenement and one share of Land in y* occupation of Thomas Par- ker. Abutting at y'= south end vppon a parcell of common Land, and at y" north end vppon Devonshire Tribe. Lying betweene y* lands of M'' Pymme afiForesaid to y^ eastward and y« share in y"* occupation of William Smith Junio"' and "William Watkins to y^ westward con? g estima? 24 2 QO 3 Paggets Tribe a parcell of Common ground of 12 acres at a bay called Hungry bay lying betweene y® lands of M'' Pymm afforesaid to y^ eastward, and the share of land in y^ occupa? of William Smith junio'' and William Watkins to y* west- ward This parcell of common land belongeth to 24 shares in this tribe in manner following be- gining from y® eastermost namely. M"" Alexander Pymme and M"^ Charles Pymme 5 sh M"^ Tho : Murrell 1 sh : In y« occupa? of William Smith and William Watkins 1 sh : M"" Chandler 1 sh, 686 APPENDIX XV. AK-. Mr rpijo Murrell 2 sh Esq'' Hugh Basooyne 5 sh M'' Alexander and M"" Charles Pymme 5 shares A. E. p. 1663. ]y|-r8 Trimingham 2 sh Tho fforster and Nicholas How 2 sh : in all 12 00 4 Docto"" .... Gunding (formerly Alderman Cotton) two tenements and one share of land in the oceupa? of William Smith junio' and William Watkins Abutting at y« south end vppon y" south side sea, and at y^ north end vppon Devon- shire Tribe. Lying betweene y'' lands of y* said Thomas Murrell, the Common ground on Hungry bay to y® eastward and y« lands of M"" Chandler to y^ westward con? p estima? . . 24 2 00 5 M'' Chandler (formerly Alderman Cotton) a tene- ment and one share of land in y^ occupation of M"" Nicholas Thornton Abutting at y" south end vppon y® south side sea and at y^ north end vppon Devonshire Tribe, lying betweene y^ share last before entred to y^ eastward, and y* lands of M"^ Thomas MurreU to y^ westward con? 5 es? 24 2 00 6 M"^ Thomas Murrell of Southampton tribe a tene- ment and two shares of land in y° occupation of Ann and Ruth Bollard (y° eastermost of w'''^ was formerly y« lands of Alderman Cotton, the westermost M"^ ffenners), both shares lying to- gether, And abutting at y* south end vppon the South side sea, and at y" north end 'vtppon Devonshire tribe. Lying betweene y^ lands of M'' Chandler afforesaid to y« eastward, and y^ lands of Esquire Hugh Bascoyne to y® westward con? 49 00 7 Esquire Hugh Bascoyne (formerly the Lord Pag- gets) fine shares of land. Namely a tenement and one share of land (beeing the eastermost of 8 j" fiue) In y* occupation of ffrancis Wellman junio'^ Item two tenements, and two sh : of land (beeing y* next adioyning westerly) whereof y" south share is in y° occupation of John Nash, 9 And y^ north share in the occupation of William Lindy senio''. Item a tenement and 2 sh : of land (beeing y*^ two westermost of y'= 5) In y= 10 occupation of M'' William Grreenway. These fiue shares ly together, Abutting at y= south end NORWOOD'S SURVEY' — PAGET'S TRIBE. 687 XV. 16637 A. R. P vppon y° south side sea and at y" north, end ■'^^■ vppon j" bottome of Crow lane. And a parcell of common ground. Lying betweene y° lands of M"" Tho Murrell to y" eastward, and y* lands of M"" Alexander Pymm and M'' Charles Pymm westward con? 122 2 00 M'' Alexander Pymm & M"" Charles Pymm (formerly y= Lord Paggets) fine shares of land. Namely a tenement and one share of land (being y° 11 eastermost of j" fine) in y^ occupa? of Henry Carnaby. Item a tenement & tenement and one share of land (beeing y'^next Adjoyning westerly) 12 in the occupation of firancis Welman senio"'. Item a tenement and one share of land next adjoyning westerly in the occupation of Stephen 13 Tynes Item two tenements and two shares of land (beeing y' westermost of y* fine) the south 14 share in y^ occupation of Henry Symmes and y" north share in y' occupation of George Nash All y' fine shares lying together and abutting at y* south end rppon j^ south side sea and at y^ 15 north end vppon Crow lane, and some common ground there : Lying betweene j" lands of Esq' Hugh Baacoyne to y® eastward and y^ lands of M'" Trimingham to y° westward con? . . 122 2 00 16 Pagets tribe y° Common land lying in the tenn shares last before entred, neare y" bottome of Crow-lane, and y° pond there con? 5 estima? 6 acres, w* common land belongeth to twelue shares in this tribe. Namely to Cap* Philip Lea for 4 shares : ffreeschoole land 1 sh M"" John Mcholls one share John Wilson 1 share. The bono''' Company 3 sh : Leif? Colonell John Hind 2 shares con? in all 06 00 17 M" Ann Trimingham of Pagets tribe (formerly M"" Palmer) her dwelling house and 2 sh of land in her owne occupation Abutting at y' south end vppon y° south side sea, and at y° north end vppon y° north side sea Called Crow lane. Lying betweene y° lands of M'' Pymm afforesaid to y° eastward and y'' lands of Thomas fEorster and Nicholas How to y westward con? 5 estima? . 49 00 18 M"^ Thomas fforster of Pagets tribe (formerly M"" Palmer) A tenement and one share of land in his 688 APPENDIX XV. '^y' owne occupation Abutting at y"= south end vppon j° south side sea, And at y^ north end R. p. vppon the share of Nicholas How. Lying be- tweene y'^ lands of M." Trimingham to y" Bast- ward, and y" lands of Cap* Phillip Lea to y" westward con? 5 estima? . . . . . 24 2 00 19 Nicholas How of Pagets tribe (formerly M'' Palmer) A tenement and one share of land in his owne occupation Abutting at y° south end vppon y" share of Tho fforster, afforesaid and at y° north end vppon y" north side sea. Lying betweene y'^ lands of M" Trimingham to y"^ eastward, and partly y° common land and partly Cap' Philip Lea ; and partly y" ffreeschoole land to y'= west- ward con? 5 estima? 24 2 00 Cap* Philip Lea of Paggets tribe (formerly M"" Tho : Church) foure shares of land namely a tenement on y"' south side and p estimal one share of land in the tenure and occupation of 20 William Wilkinson. Item y« Mansion or dwell- ing house in his owne occupation. Item a tene- ment and 5 estima? 3 shares of land in the occupa? of John Perrincheife, All the foure shares lying together (with a parcell of Common 21 land within them) Abutting at y« south end vppon y^ south side sea, and at y^ north end vppon a share of ffree-sohoole land. Lying betweene y* lands of Thomas fforster and Nicholas How afforesaid to y^ Eastward, and y« lands of M"" John Nichols to y^ westward con? . . . 98 00 22 Pagets tribe A parcell of Common ground con? 7 acres (with y" Church and Church yard therein) Lying within y^ foresaid 4 shares of Cap* Lea, and on y^ East, side, thereof with 7 acres of Common land belonging to 14 shares in this tribe. Namely to Leit? Collonell John Hinde 2 sh : Late M"" Hollands 2 sh formerly S' Richard Grobham 2 shares M"" Henry Moore 4 sh M"^ Meverill 2 sh M-^ Henry ffoord 1 sh M-- John Dorrell 1 share in all con? . . . . 07 23 ffreeschoole land giuen to y« ffreeschoole by M"' Patrick Copeland sometimes Minister of the Word in this tribe (formerly M"" Thomas Church) two tenements and one share of land, in the Norwood's survey — paget's tribe. 689- A. E. P. occupation of PMlip Dimscombe and ffrancis •'^'• Islake, abutting at y* south end vppon tlie lands ~- — ,-^ of Cap* Philip Lea and at y= north end vppon y« north side sea called Crow-lane lying betweene y® lands of Nicholas How afforesaid to y'' east- ward, and y« lands of M"^ John Nichols to y® westward con? 24 2 00 24 M'' John NichoUs of Pagets tribe shreifEe (formerly M'' George Smith) A tenement and one share of Land in his owne occupation. Abutting at y* south end vppon the South side sea and at y^ north end vppon Crow lane. Lying betweene y* lands of Cap* Philip Lea, and y^ ffree-schoole land to y° eastward and y* lands of John Wilson to J" westward con? 24 2 00 25 M"^ John Wilson of Pagets tribe (formerly M"^ Wheatley) a tenement and one share of land in his owne occupation, and a tenement in y« ocou- pation of his Sonne John Steaks. Abutting at y« south end vppon y° south side sea and at y= north end vppon Crow-lane. Lying betweene y* lands of M"^ John Nichols to y= Eastward and the lands of y^ Hono''' Company to y'' westward con? p estima? 24 2 00 26 The Honoble Company (formerly M'' Tho : Wheat- ley) A tenement and one share of land in y"^ occupation of Richard Lea. Abutting at y^ south end vppon y® south side sea, and at ye north end vppon Crow lane Lying betweene y« Lands of John Wilson afforesaid to y^ East- wards, and other lands of y' Hono*"' Company to y' westward con? 24 2 00 27 The Honoble Company (formerly M"- Tho : Wheat- ley.) A Tenement and two shares of land in y^ occupation of M5 Thomas Brereton. Abutting at y^ south end vppon y" south side sea called Elbow bay, and at y" north end vppon Crow lane Lying betweene y° lands of the hono*^° Company to y'' Eastwards and y^ lands of Collonell John Hinde to j' westwards con? p estima? . . 49 00 28 Leiftennant Collonell John Hinde (formerly M' Barron) the dwelling house and 4 shares of land in the tenure and occupation of Cap* John Wentworth- and his assigne namely y° hous9 VOL. II. Y Y 690 APPENDIX XV. APP • _ A. E. P. ^y' and three shares in his owne occupation and , — -- Another tenement and one share in V= occnpa- tion of his assigne Ralph Harris, The foure shares lying together and abutting at y south end vppon j" south side sea called Elbow bay ; And at y* north end rppon Crow lane. Lying betweene y^ lands of y* honoble Company to y° eastward, and y° lands late M"^ Hollands to y" wes? 98 00 29 Late M^- Holland (formerly M-^Wells 1 share & W Woodale another more westerly) two tenements and two shares of land in y" occupation of Cap* 30 George Bascombe, and his tennant John Smith, Both lying together, and abutting at y" south end vppon y° south side sea called Elbow bay And at y* north end vppon Crow lane. Lying betweene y^ lands of CoUonell John Hiude to y° Eastward, and y' land formerly S' Richard Grobham to y" westward con? . . . . 49 00 31 (formerly S"^ Richard Grobham) two sh : of land, namely a tenement and one share of land on y' south side in y" occupation of John Caston; Item another tenement and one share on y" north side in y" occupation of William Nash and a tenement in y* occnpa? of John Bethell. In all two shares lying together Abutting at y^ south end vppon y* south side sea called Elbow bay, And at y° north end vppon y* bay in Crow-lane called y*' Salt-Kettles lying betweene y^ lands last before entred to y° East- ward, and y' lands of M"" Henry Moore to y* westward con? 49 00 32 M' Henry Moore of Pembrooke Tribe (formerly Cap* George Etheridge) foare shares in the occupation of severall tennants, Namely M'' Mathew Priddon a share and an halfe on y° South side, Item Henry Atwood one share ; Item John Wrath halfe a share. Item Thomas Demmicom one share, Item Morris Hopkins a tenement. In all foure shares lying together ; Abutting at y° south end vppon y° south side sea, and at y" north end vppon Long point and bayes in Crow-lane called y° salt kettles. Lying betweene y' lands last before NORWOOD'S SURVEY — WARWICK TRIBE. 691 A. R. P. entred to y° eastward, and y° lands next follow- APP. ing to y° westward con? 98 00 •- 33 M' Lawrence Vnderwood of Paggets tribe (formerly as was thought, S>" William Cope) his dwell- ing house & two shares of land in his owne occupa?, with a tenement on y" south side in y° occupation of Thomas Jones In all 2 shares Abutting at y° south end vppon y° south side sea and at y° north end vppon Crow-lane Lying betweene y° Lands of M"" Henry Moore to y" Eastward, and y' lands of M'" Henry ffoord to y° westward con? 49 00 34 M'" Henry ffoord of Pembrooke tribe (formerly S'' William Wade) a tenement and one share of land in the occupation of Thomas Griffin, Abutting at y* south end vppon y° south side sea, and at y° north end vppon Crow-lane. Lying betweene y° lands of Lawrence Vnderwood afforesaid to y" eastwards And y° lands of M"" John Dorrell to y° westward con? . . . 24 2 00 35 M"" John Dorrell (formerly M' Creswell) A tenement & one share of land in y" occupation of John Hutchins Abutting at y° south end vppon y° south side sea, and at y" north end vppon y* north side sea at Crow-lane lying betweene y° lands of Henry ffoord to y° Eastward and War- wick tribe to y° westward con? . . . . 24 2 00 And thus this Tribe called Pagets tribe containeth fifty shares, and every share with y° Common ground thereto belonging twenty and fiue Acres. The whole tribe as others contayning 1250 acres. WARWICK TRIBE. Begining on tlie East side next adjoijning to Pagets tribe, Sf on y' south ^art of that east side. 1 M'" HughWentwoi'th of Warwick tribe (formerly M' William Webster and afterwards Cap* Tuckers) one share of land in his owne occupation Abutting at y south end vppon y° south side sea and at y' north end vppon y° partition line y* parteth y" south side shares in this tribe from y" noi-th r T 2 XV. 1663. 1663. 692 APPENDIX XV. A. B. P. ■^^- side stares. Lying betweene Paggets tribe to j^ Eastward and a share of George Jones to y' westward con? 24 2 00 2 George Jones of Warwick Tribe (formerly M' Nicholas Exton) A tenement and one share of land in his owne occupation ; Abutting at y' south end vppon y^ south side sea, and at y° north end vppon the Pertition line. Lying betweene y° share afforesaid of Hugh Wentworth to y° east- wards, and y^ lands of M"" Perient Trott to y° westward con? j estima? . . . . . 24 2 00 3 M' Perient Trott (formerly M"^ Nicholas Exton, and late y° Barle of Warwicks) A tenement and two 4 shares of land in y" occupation of Cap* Christo- pher Lea. Abutting at y" south end vppon y" south side sea, and at y" north end vppon the pertition line. Lying betweene y° lands of George Jones to j° eastward. And the lands of M"^ John "Waynewright to y* westward con? 5 estima? 49 00 6 M"" John Waynewright of Warwick tribe (formerly 6 M"' Nicholas Exton) two shares of land in his owne occupa? Abutting at y'' south end vppon y° south side sea and at y' north end vppon the pertition line. Lying betweene y° lands of M"" Perient Trott to y'^ Eastwards, and a share of y' said M"" Waynewright to y' westwards con? . 49 00 7 M}' John Waynwright of Warwick Tribe (formerly M' Stephen Sparrow) his dwelling house & one share of land in his owne occupation. Abutting at y° south side sea. And at y" north end vppon y" pertition line Lying betweene y° foresaid lands of M'' Waynewright to y^ eastwards ; And y* lands of M'' Jeremy Ewers to y* westwards con? 5 estima? 24 2 00 8 M'' Jeremy Ewers of Warwick tribe (formerly M"" John Kettleby, and afterwards M"" Meverill) one share of land in his owne occupation. Abutting at y° south end vppon y" south side sea and at y'' north end vppon y* Pertition line lying be- tweene y' lands of M'' John Waynewright to y« Eastwards, and y^ lands of M"' Bullock and Lazarus Thrift to y" westward con? . . . 24 2 00 9 M'' William Bullock of Warwick Tribe and Lazarus Norwood's survey — Warwick tribe. 693 XV. A. E. p. 10 Thrift (formerly M' Samuell Tickner) two APP- stares of land namely a tenement and one share in the tennre and occnpation of j" said M"' Bullock, being y^ south part of y° foresaid two shares. And a tenement and one share in y° occnpation and tenure of y^ said Lazarus Thrift, beeing the north part of y" foresaid two shares. Both shares lying together. And abutting at y= south end vppon j° south side sea and at j' north end vppon j" partition line. Lying be- tweene j" lands of M'' Ewers to y' Eastwards, and y* lands in the tenure of M"" John Rawlins to y° "Westward con? $ es? . . . . 49 00 11 M" Sarah Smith or Leif? Jokn Rawlins of War- wick tribe (formerly M' Thomas Wale and afterwards M"^ George Smith) A tenement and one share of land in j" occupation of j° said Leif ? John Rawlins. Abutting at y" south end vppon y' south side sea, and at y' north end vppon y^ pertition line and a small pond. Lying betweene y^ lands of M"" Bullock and Lazarus Thrift to y'' eastward and y' lands of M" Sarah Smith wid : to y" westward con? . . . 24 2 00 12 M" Sarah Smith (formerly M-- Thomas Wale) a tenement and one share of land in y" occupation of James Dorset Abutting at y° south end vppon y" south side sea and at y° north end vppon the pond and pertition line therein. Lying betweene y lands of M"" Rawlins to y^ Eastward, and y° lands of j" said Leif ? Rawlins and Nath : Tatum to y° westward con? 24 2 00 13 M" Sara Smith (formerly M"- Thomas Wale) one share of land whereof y° south halfe share is in y° occupa? of Leif ? John Rawlins, and the north halfe share in y^ occupation of Nathaniel] Tatum. The whole share lying together and abutting at y" south end vppon y^ south side sea, and at y° north end vppon the pertition line going through y° middle of y^ pond Lying be- tweene y° lands of M" Sara Smith afforesaid to y' Eastward, and y° lands of y" said M" Sara Smith to y" westwards con? . , . . 24 2 00 14 M" Sara Smith (formerly M"- Thomas Wale) A tenement and one share of land in y' occupation 694 APPENDIX XV. A. E. P. ^^- of Nathaniell Tatum Abntting at y" south end > r-^ — - vppon y'= south side sea, and at y* north end vppon y'= pertition line. Lying hetweene y^ lands last before entred to y" Eastward, and y' land of y^ said M''^ Sara Smith to y" westward con? 24 2 00 15 M" Sara Smith (formerly M"- Thomas Wale) A tenement and one sbare of land in the occupation of Nathaniell Austin Abutting at y^ south end vppon y° south side sea and at y" north end vppon y' pond and pertition line afibresaid. Lying betweene ye lands last before entred to y° Eastward and -f Lands of M'" Perient Trott to y" westward con? 24 2 00 16 M'' Perient Trott (formerly y^ Earle of War wicks) fine shares of land Namely a tenement and one share in the occupation of Nathaniell Tatum, 17 beeing y'^ eastermost of y^ fiue ; Item another tenement and a share next adjoyning to y'^ west- 18 ward in the occupation of M"^ John Devit, Item another share next adjoyning to y° westward, the south halfe whereof is in y'' occupation of M"" John Devit the north halfe whereof is in y' oc- 19 cupation of Cap* Charles Whettenhall. Item a 20 tenement & two other sh next adjoyning to j" westward in y° occupation of y* said Cap' Charles Wheatenhall. All these fiue shares ly together, and Abutt at y" south end vppon y'= south side sea called Great Turckle bay and at y" north end vppon y° pond and pertition line in y^ middest of y" pond Lying betweene y* lands of M" Sarah Smith afibresaid to y" Eastward, and y^ lands of M" ffelgate to y« westward, con? 122 2 00 21 M" ffelgate (formerly M' William ffelgate) a tenement and one share of land in the occupa- tion of William Jobson. Abutting at y^ south end vppon y^ South side sea called Great Turckle bay and at y" north end vppon y" ponds end and common ground there. Lying betweene y" lands of M'' Perient Trott to y'= Eastward, and y" lands of Cap* George Tucker to y° westward con? . 24 2 00 22 Cap* George Tucker (formerly Cap' . . . Watts) 23 a tenement and two shares of land in y^ occupa- tion of M"" Gilbert Hill. Abutting at y" south Norwood's sukvey — Warwick tribe. 695 A. E. p. end partly vppon Turckle-bay aflforesaid, and ^^v' partly vppon y^ Common ground there and at y° nortli end vppon y° parcell of Common ground neare Heme bay. Lying betweene j" lands of M" ffelgate to y" eastward, and y" lands of M"" Waterhouse to y° westward con? . . . 49 00 24 M"^ W. Waterbouse (formerly M'' Eicbard Maples- den) a tenement and one sbare of Land in y'^ oo- capation of Leif? Edward Cbaplaine Abutting at y* south end vppon a parcell of Common land at y" west end of Great Turckle bay and at y north end vppon y" parcell of Common land neare Herne-bay. Lying betweene y" lands of Cap* George Tucker to y' Eastward And y" land now or late Daniell Gaud to y"= wes? . . . 24 2 00 25 M"" Daniell Gaud now or late of Warwick tribe (formerly M"^ Richard Maplesden) A tenement and one share of land in y° occupation of Thomas Skroggin. Abutting at y' south end vppon the south side sea, and at y' north end vppon y° parcell of Common land lying as afforesaid at White-herne bay, lying betweene y° lands of M"^ Waterhouse and y* Common Land to y^ east- ward, and y'' Lands of John Waynewright junio'' in Southampton tribe to y' vcestward con? 24 2 00 26 Warwick tribe A parcell of common land lying at y'' west end of Great Turckle bay betweene y" lands before entred and y'' sea con? 6 acres and vndivided but belonging to 12 shares in this tribe con? 06 00 27 Item a tenement and parcell of Common land at White-herne bay extending from y° bottoome of y" bay to y^ second pond containing fifteene acres vndevided but belonging to 30 sh : in this tribe con? 15 00 28 Item There is further belonging to this tribe, A tenement and a parcell of common land, lying on y' north side of the tribe at little Turckle- bay in y" occupation of Edward Holmes belong- ing to 8 shares in this tribe con? . . . 04 00 These following are y'' north side shares of this tribe Begining on y^ East-side of the tribe next ad- joyning to Pagets tribe 1663. 696 APPENDIX XV. A. R. P. -^- 29 M'' Hugh Wentwortli of "Warwick tribe (formerly ,_! - M'' William Webster) bis dwelling house and ^ • one share of land in his owne occupation. Abutting at y* south end vppou y" pertition line drawne in this tribe betweene y' north side shares and y* south side shares: And at y' north end vppon y" north side sea. Lying between Pagets tribe to y^ Eastwards, and a share of schoole land to y' westward con? . . 24 2 00 30 The ffreeschoole (formerly M"" William Webster) one share of land Namely a tenement and halfe a share of land in y* occupa? of William DUler beeing y^ south halfe. Item a tenement and halfe a share of land in y^ occupa? of Thomas Hart or his assigne. In all one share, Abutting at y^ south end vppon y^ pertition line afibresaid and at y° north end- vppon y' north side sea lying betweene y' lands of M"^ Hugh Wentworth to y* eastward, and y^ lands of M'' Perient Trott toy^wes? 24 2 00 31 M' Perient Trott (formerly Docto'' Anthony Hun- ton) two shares of land Namely a tenement & one share in y° occupation of John Bently beeing 32 y« eastermost of y° two and another tenement and one share in y° occupation of W™ Greene- way. In AU two shares abutting at y' south end vppon y* pertition line and at y° north end vppon y^ north side sea Lying betweene y° schoole land to y^ eastward and y" lands of M'' Jeremy Ewers to y° westward con? . . . 49 00 33 M"" Jeremy Ewers (fformerly M"" Francis Meverill, or M"" Thomas Norincot) a faire dwelling house and one share of land in his owne occupation. Abutting at y"' south end vppon y" partition line, and at y* north end vppon y° north side sea called y" great sound. Lying betweene y*^ lands of M'' Perient Trott to y' eastward, and a share in y° occupation of William Bullock and M'' John Devitt to y" westwards con? . . . 24 2 00 34 M'' Perient Trott (formerly M' Richard Poulson) one share of land namely y" southermost halfe share in y" occupation of M"' W™ Bullock; And a tenement with y" other halfe share in y' occupa- tion of M'' John Devitt. The whole share lying Norwood's survey — Warwick tribe. 697 A. B. p. together, and abutting at y" south end vppon y° ■^^■ partition line, and at y^ north end vppon y° ■ r-^ great sound Lying betweene j' lands of M'' Jeremy Ewers to y° eastwards and of John Martin to y= westwards con? . . . . 24 2 00 35 John Martin of Warwick tribe (formerly M"^ Mathew Shepheard) a tenement and one share of land in his owne occupation. Abutting at y' south end vppon y" partition line, And at y" north end vppon y^ Great Sound. Lying be- tweene y' share last entred to y'' Eastwards, and y' lands of Cap* George Tucker to y° westward con? 24 2 00 36 Cap? George Tucker ' of the Overpl : betweene Southamp? & Sandys tribe (formerly S'' Robert Mansell) eight shares of land. Namely a dwell- ing house and two shares of land in y° occupa- tion of Lief? James Witter, beeing y" two easter- most of y^ eight shares. Item a tenement and one share of land next adioyning to y'' westward 37 in the occupation of Martin Welman Item another share next adjoyning to j" westward, whereof y" tenement and southermost halfe is 38 in y° -occupation of Nafchaniell Veazy y" other 39 halfe share in y" occupation of Martin Wellman. Item a tenement and one share of land next adjoyning to y" westward in the occupation of 40 Thomas Moore, At y° south end whereof is y° Church. Item another share of land next adjoyn- 41 ing to y" westward in y* occupation of Nathaniel! Veazy, Item another share of land next adjoyn- 42 ing to y^ westward in y" occupation M"" John Devit. Item a tenement and another share of land next adjoyning to y° westward. In y° occupation 43 of John Nelme All these eight shares ly together. Abutting at y south end vppon y" partition line, And y" middle of y' ponds ; and at y° north end vppon y'= great sound, & y' common ground at little Turcle bay. And ly betweene j" lands of John Martin to y° eastwards and M"^ John Dor- rell to y" westward con? p estima? . . , 196 00 44 M' John Dorrell of Warwick of Tribe (formerly S«' Robert Mansell) y' Mansion house and two shares of land in his owne occupation. Abut- 698 APPENDIX XV. -^P- ting at y" south, end vppon y° partition line and A. R. P. 45 middle of y° ponds, And at j" north end vppon "^^" y" great sound. And Lying betweene y'^ lands in y' occupation of John Nelme afforesaid to y^ Eastward. And y" other lands of M'' John Dorrell to y' westward con? . . . . 49 00 46 M'' John Dorrell of Warwick tribe (formerly M.^ Christopher Clitheroe) one share of land in his own occupation, abutting at y' south end vppon the Comon ground at herne-bay, and at y' north end vppon y great sound. Lying betweene y° lands of y^ said M' John Dorrell to y" eastwards, and y"^ lands of William Basden, to y' west- wards con? 24 2 00 47 M'' William Basden of Warwick tribe (formerly M'' George Swinhow) a tenement and two shares of land in his owne occupation. Abut- 48 ting at y° south end vppon y° Common ground at White-herne bay, and at y° north end vppon y' great sound. Lying betweene y* lands of M"" Dorrell to y* eastwards. And y*' lands of M'' Thomas Allin to y^ westwards con? . . . 49 00 49 M"- Thomas Allin (formerly M^ Richard Tomlins) A tenement and one share of land in y° occupa- tion of Charles Michaell and William Basden, abutting at y* south end vppon y* Common ground at y' bottoome of Wh.ite-herne bay, and at y' north end vppon j" great sound. Lying betweene y^ lands of William Basden afforesaid to y* Eastwards and y° lands in y* occupation of Cap* William Nelme to y' westward con? . 24 2 00 60 M"^ .... Meverill a tenement and three shares of land, late M"^ Hollands in y° occupation of Cap* W™ Nelme (whereof y* first to y" eastwards was 51 formerly y' lands of M"^ John Kerrell, y* other two S"" John Walter) All three lying together, 52 And abutting at y^ south end vppon Whiteherne bay, And at y* north end vppon y^ great sound neare Burgis point. Lying between y° lands of M' Thomas Allin to j" eastward and a share of John Leybourne to j" westward con? . . 73 2 00 53 John Leybourne of Warwick Tribe (formerly M*" Martin Bond) A tenement and one share of land in his owne occupation, beeing y" point share. Norwood's suevey — Southampton tribe. 699 A. E. p. Abutting at y' south end vppon White-lienie ;j^y_" bay, and at y° north end vppon Burgis Point, in the great sound. Lying betweene y° lands of M'' Meverill afiForesaid to y"^ Eastwards and y° great sound to y'' westward con? . . . 24 2 00 And thus this Tribe called Warwick tribe con- taineth fifty shares ; and every share with y" Common ground thereto belonging twenty fine Acres. The whole tribe (as others) contayning 1250 Acres. SOUTHAMTON TRIBE. Beging on y' Hast side, next adjoyning to Warwioh tribe. 1 M"" John Dorrell of Warwick tribe ; A tenement & two shares of land in y"' occupation of John 2 Waynewright junio"" (the first of w'='' to y° east- ward was formerly y* land of S'' Richard Smith y° other of S"^ John Howard) both shares lying together. And abutting at y'^ south end vppon y^ south side sea, and at y'' north end vppon White-herne bay. Lying betweene Warwick tribe to y^ Eastwards and y" lands of Leif? Anthony White to y° westward con? . . 49 00 3 Leif? Anthony White of Smiths tribe (formerly S'' Tho : Smith) one share of land, namely a tenement and halfe a share in y^ occupation of Tho Richards, And another halfe share in y° occupation of Thomas Kersey y= whole share lying together And Abutting at y^ south end vppon y° south side sea, and at y'= north end vppon White-herne bay. Lying betweene y° lands of M"^ John Dorrell to y° eastwards and y^ lands of William Barnes to y" westward con? 24 2 00 4 William Barnes of Southampton Tribe (formerly S'' Thomas Smith), A tenement and one share of land in his owne occupation. Abutting at y' south end vppon y° south side sea. And at y' north end vppon White-herne bay. Lying betweene y' lands of Lief? Anthony White to y* Eastward end y^ lands of Tho : Kersey to y° westward con? 24 2 00 5 Thomas Kersey of Southampton tribe (formerly M"^ John Breton) A tenement and one share of 1663. 700 APPENDIX XV. -^P- land in his owne occapation. Abutting at y° Bouth end vppon y' south, side sea, and at y° K. p. north end vppon White-herne bay lying be- tweene y"" lands o£ William Barnes afforesaid to y° Eastward and y' lands of M' William Charon to y° westward con? , . . . 24 2 00 6 M'' William Charon of Southampton tribe (for- merly M'' Abraham Dawes, and afterwards M"" Richard Chamberlaine) A tenement and one share of land in his owne occupation. Abutting at y'= south end Tppon y^ south side sea, and at y" north end vppon White-herne bay. Lying betweene y° lands of Thomas Kersey to y° east- wards and y* lands of Tho : Cooper to y° wes? con? 24 2 00 7 Tho Cooper of Pagetts tribe (formerly M"" Abraham Dawes, and then M"" Richard Chamberlaine) A tenement and one share of land in the occupa- tion of Daniell Gaud or his wife Abutting at y* south end vppon a Sandy bay on y' south side, and at y° north end vppon White-herne- bay. Lying betweene the lands in the occupa? of M'' Charon to the eastward, and y' lands of M'' Browning to y° westwards con? . . . 24 2 00 8 M"^ Browning (formerly M'' Abraham Dawes, and then M'' Richard Chamberlaine) A tenement & one share of land in the occupation of William Keele Abutting at y^ south end vppon a Sandy bay on y* south side, and at y^ north end vppon White-herne-bay Lying betweene y' lands of Thomas Cooper to y' Eastward And y* lands of M"" Stephen Bryan to y" westward con? . . 24 2 00 9 M"' Stephen Bryan (formerly Leonard Harwood) A tenement And one share of land in his owne oc- cupation Abutting at y° south end vppon a Sandy bay, and at y" north end vppon White- herne bay. Lying between y* lands of M"" Browning afforesaid to y^ eastward, and y' lands of Cap' Sayle for M"" Waller to y" westwards con? 24 2 00 10 Cap* William Sayle, or in his tenure for y* vse of M'' Waller (formerly M"" John Bankes) A tene- ment and one share of land in y° occupation of John Weathersby. Abutting at y° south end 1663. Norwood's survey — Southampton tribe. 701 A. R. P. vppon y" foresaid Sandy-lbay, and at y° north ■^^• end vppon White-herne bay and a point of land there called .... y° said point beeing parcell of this share. Lying betweene y* lands of M' Bryan to y" eastward, and y" lands of M-^ John Todd to j" westward con's . . 24 2 00 11 M'' John Todd of Southampton Tribe (formerly part of y° twelue sh : of S"" NathanieU Rich) A tenement and two shares of land in his owne occupation Abutting at j° south end partly on y" south side sea and partly vppon a parcell of common land there ; And at y° north end vppon a bay called .... Lying betweene y° lands last before entred of Cap* W" Sayle to y° eastwards, and y'^ ffree-schoole land to y" west- wards con? 49 00 12 ffree-schoole land (formerly part of y* twelue shares of S'^ Nathaniell Rich, And by him bequeathed by his last will and testament to y" ffree- 13 schoole) two shares of land Namely a tene- ment and one share of land in y" occupation of Thomas Kemble on y° south side. And another tenement and a share of land in y" occupation of John Styles on y° north side Both shares lying together And abutting at y° south end vppon y' south side sea, and at y' north end vppon y' great sound. Lying betweene y" lands afforesaid of M' Todd to y° eastwards, and two other shares of ffreeschoole land to y^ westward con? 5 estima? 49 00 firee-schoole lands two other shares (beeing also formerly y* lands of S'' Nathaniell Rich, and by him bequeathed by his last will and testament 14 to y° ffree-schoole) namely a tenement and one share of land in y" occupation of M^' Bhzabeth 15 Durham on y° south side. And another tene- ment and a share of land in y" occupation of Henry Durham on y" north side. The two shares ly together, and abutt at y° south end vppon y' south side sea, and at y° north end vppon j^ Great sound. Lying betweene y^ ffreeschoole land afforesaid to y" eastward. And y' lands of M'' Richard Hunt and Robert Trevis to y° westward con? . , . . . . 49 00 702 APPENDIX XV. ^0*' 16 Leif? Thomas Hilton of Davids Island (formerly part of the twelue shares of S"^ Nathaniell Eich) E. p. A tenement and one share of land in y" occupa- tion of Robert Trevers. Abutting at y* south end vppon y^ lands of M'' Richard Hunt and at y'= north end vppon the great sound ; Lying be- tweene y'' schoole land to y^ eastvfards, and y'= lands of M"^ Richard Hunt to y= westwards eon? 24 2 00 17 M'^ Richard Hunt of Southampton tribe (formerly part of y" twelue shares bequeathed by S"" Nathaniell Rich) his Mansion house and foure shares of land. Abutting at y° south end vppon y^ south side sea and . . . crosse bay there, and at y* north end vppon y* great sound, and y' bay there called Jewes bay : And partly also vppon y° lands of Leif? Thomas Hilton ; Lying betweene y" ffree-schoole lands and y° share of Leif? Thomas Hilton afforesaid to y* east- ward, and y" share in y^ occupation of Marma- duke Dando to y* westward con? 5 estima? . 98 00 18 M'' Richard Hunt of Southampton Tribe (formerly part of the twelue shares bequeathed by S"^ Nathaniell Rich) A tenement and one share of land in y° occupation of Marmaduke Dando. Abutting at y* south end vppon y south side sea ; And y^ north end vppon y" great sound. Lying betweene y° lands of M"" Richard Hunt afforesaid to y° eastwards, and y' lands of M"" Perient Trott to y" westward con? 5 estima? . 24 2 00 19 M"" Perient Trott (formerly the Right hono^^ Robert Earle of Warwick) three shares of land ; Namely a tenement and two shares in y" occu- pation of Thomas "Wells senio'', beeing y^ east pai;t of the three shares. Item a tenement and 20 halfe a share of land in y^ occupation of John "Wells (wherein also is y" Church and Church yard), Item a tenement and halfe a share of 21 land on y" north side, in the occupation of Philip Warden. The three shares ly all to- gether. Abutting at y^ south end vppon y" south side sea, and at the north end vppon y° great sound. Lying betweene y' lands of M'' Richard Hunt afforesaid to y° Eastward and y" Norwood's survey — Southampton tribe. 703 A. B. p. lands in the occupation of Diamond Knowles to ■^^• the westward con? 73 2 00 ^-Z:^ 22 Cap* Richard Jennynes (formerly M"- Richard ^^^^• Morer) A tenement and three shares of land in the occupation of Diamond Knowles. Abutting at j° south end vppon ye south side sea, and at y" north end vppon y^ Great Sound. Lying be- tweene y° lands of M"' Perient Trott to y'^ east- ward and a share in y° occupation of Barthol- mew Payne to y"= westward con? . . . 73 2 00 23 Cap* Thomas Richards (formerly M'' Richard Moorer) A tenement and one share of the land in the occupation of Barthobnew Payne. Abut- ting at y^ south end vppon y^ south side sea, And at y* north end vppon y° great sound Lying betweene y* lands in y" occupation of Diamond Knowles to y^ Eastward and y" lands of Robert Dickenson to y*" westward con? j estima? . . 24 2 00 24 M"" Robert Dickenson of Southampton tribe (for- merly M"^ Richard Moorer), his Mansion house & two shares of land in his owne occupation Abat- ting at y* south end vppon y° south side sea and at y° north end vppon y° Great Sound. Lying betweene y° lands in y" occupation of Barthol- mew Payne afforesaid to y' eastwards, and y^ lands of Cap* Thomas Tumor to y° westwards con? 49 00 25 Cap* Thomas Tumor of Sandys tribe (formerly M"' George Scott) one share of land in y" occupation of Robert Burch, Abutting at y° south end vppon y' south side sea, and at y° north end vppon y" great sound. Lying betweene y" lands of Robert Dickenson afforesaid to y° eastwards ; And y° lands of Ann Morgan to y° westwards con? 24 2 00 26 M''" Ann Morgan of Southampton tribe (formerly M"^ George Scott) A tenement and one share of land in her owne occupation. Abutting at y° south end vppon y° south side sea, and at y^ north end vppon y° great sound. Lying betweene y' lands of Cap* Thomas Turno"" to y* eastward, and y°' lands of M' Thomas Mnrrell to y' west- ward con? 5 estima? . . . . . . 24 2 00 1663. 704 APPENDIX XT. '^y 27 M' Thomas Murrell of Southampton tribe formerly M' George Scott a tenement and two shares of land in his owne oocnpation. Abutting at y° south end vppon y' south side sea and at y" north-east end vppon y* great sound. Lying betweene y° lands of Ann Morgan aflfbresaid to y' eastwards and y' lands of M"^ William Webb to y^ south west con? j estima? . . . 49 00 28 M' William Webb (formerly M'^ George Scott) a tenement and two shares of land in y° occupa- tion of M' Bdw : Sherelock. Abutting at y' Southwest end vppon y° south west sea and at y" north-east end vppon y' great sound. Lying betweene y° lands of M' Thomas Murrell afifbre- said to y' Southeastwards, and y^ lands of Cap* Thomas Richards to y' northwestwards con? g estima? 49- 00 29 Cap' Thomas Richards of Southampton tribe (for- merly y® right hono''^® y" Earle of Southampton) severall tenements and foure shares of land in y* occupation of severall men ; Namely in y^ occu- pation of Joseph Evans, Nicholas Inglesby, Jarvis Inglesby and Edmund Evans, All y" foure shares ly together and Abutt to ye westward vppon y* westeme sea and at y* east end vppon y° great sound. Lying betweene y'' lands of M' William Webb aflfbresaid to y° southward and y° lands of y'' said Cap* Richards to y* north- wards con? 5 es? 98 00 30 Cap' Thomas Richards of Southampton tribe (for- merly y* Barle of Southampton) his Mansion house and two shares of land in his owne occu- pation Abutting at y" west end . vppon y° westeme sea, and at y° east end vppon y* Great sound. Lying betweene his lands last before entred to y" southwards, and j' land late M"' Painters to y° northwards con? . . . . 49 00 31 M"" Stephen Painter of Southampton tribe his heires or assignes (formerly M"^ Henry Timber- ley) The Mansion house and two shares of land in y" occupa? of Cap' flBorentio Seymo' and Cap' Thomas Richards Abutting at y« west end vppon y" westeme sea^ and a,t y^ east end vppon y" Great sound. Lying betweene y« lands of Norwood's sdrvey — Southampton tribe. 705 A. B. p. Cap' Thomas Richards to y" southwards & M" AM*. Jane Leacroft to y° northwards con?' 5 estima^ . 49 00 32 M™ Jane Leaoroft als M" Kestoven of Southampton Tribe her mansion house and two other tene- ments the one in y° occupation of her sonn Richard Leacroft. The other in y° occupation of her sonn Thomas Leacroft Item Three shares of land in her owne occupation and her said sonns (whereof the two southermost were formerly y^ lands of S"' Thomas Hewet, the other of M"^ Peirce) All three Lying together and Abutting at y° west end vponn the westeme sea and at y^ east end vppon y° Great Sound. Lying betweene y" lands late M'' Painters afforesaid to y* southwards, and the lands of Esq' Richard Winwood to y' northwards con? . . . 73 2 00 33 Bsqu"^ Richard Winwood (formerly S"" Ralph Win- wood) A tenement and two shares of land whereof y" westermost is in the occupation of M''' Jane Leacroft The eastermost in y" occupation of Sarah Hariot wid : Both shares ly together And Abutt at j° west end vppon y° westeme sea, & at y^ east end vppon y" Great Sound. Lying betweene y° lands of M''' Jane Leacroft afforesaid to y" southwards, and y' lands of Cap' George Tucker and y'' Gleabe land to y° northwards con? 49 00 34 Southampton tribe a tenement & a parcell of Common land vndevided Lying on y'' south side of this Tribe and at y° east Corner of y'' twelue shares y' were formerly S'' Nathaniell Rich. Namely at y* Southeast corner of y° two shares now John Todds. Which parcell of Common land contayneth 7 acres and belongeth to 14 shares in this tribe, begining from y° east side next to Warwick Tribe con? . . . . 7 00 35 Item Another parcell of Common ground undevided with a tenement there in the occupation of Ancient Nicholas Inglesbey Lying within y° f oure shares of Cap* Thomas Richards afforesaid by y° pond there con? 12 acres and belonging to 24 shares in this tribe, begining from y' north side of y° tribe next to y* Overplus con? . . . 12 00 36 The other six Acres of Common Land for this tribe, VOL. II. Z Z XV. 1663. 706 APPENDIX XV. E. P. XV. 166a ^^- I finde not Certainly wHere theie ly, but by relation of y^ most Ancient Inhabitants in this Tribe they were formerly laid out on y° south side, within y" twelue shares y* were formerly S' Nathaniel Riches as is affore mentioned, and were Allotted to those 12 shares. Namely every share halfe an acre . . . . . . 06 00 And thus this tribe called Southampton Tribe con- tayneth fifty shares, and every sh : with y° Common ground thereto belonging 25 acres And so y^ whole tribe contayneth 12-50 acres As it was at first laid out. OVERPLUS Lying hetweene Southampton tribe 8)" Sandys tribe. The occasion of this Overplus was this. When I had order from the hono'"''' Company to subdivide y' Country which was About y'= yeare of o^ Lord 1616, 1 knew not exactly j° Quantity of y* whole, but perceiued there would not bee land suflBcient to lay out for every share 26 acres. And I was much pressed to subdivide as much as might bee before o"" Magazin Shipp then here in harbo"" went for England, that so the Companie might bee certaine y* y" worke was begunn, and like to bee finished as they much desired. Therefore I went presently in hand with it and laid out 25 acres to a share, choosing rather to leave an Overplus then to want any thing. The Cause why this Overplus was left in this place namely betweene Southampton tribe and Sandys tribe was this. Hauing subdevided the first foure tribes, y' is to say, Hamilton, Smiths, Devonshire, and Pembrooke tribe, the season of y'= yeare was come for setting of Come And the whole Country was then Greivously afflicted with ratts ; Wherevppon y' Governo'' Cap* Daniell Tucker and his Counsell beeing assembled did determine and Order that all y* Country for y' yeare should sett y° Oorne in Sommerset Island, that so they might y° better preserue it from y' 1663. Norwood's survey — the overplus. 707 A. E. P. Ratts, w""* formerly had devoured almost all. ■^* Now if they should haue cleared ground there \ before y" shares were laid out, they would haue Cutt away y fences w"*" should be left betweene one mans ground and another not knowing where they would fall ; therefore they ordered that hauing finished Pembrooke tribe, I should next goe in hand with Sommersett. I shewed y® Inconveniences of it but beeing expressly so Ordered by.y^ Groverno"' & Counsell, I did forth- with subdevide Sommerset Island and y* beeing finished returned to my former Course ; namely to Pagets tribe then Warwick tribe, and last of all to Southampton Tribe. And by this meanes y' Overplus fell out, betwixt Southampton Tribe and Sandys tribe This I thought Good to Ex- presse because some haue thought it was laid here for other ends and Causes,' Begining on y'' south side, next adjoining to Southapton tribe This Overplus after my departure for England was disposed by the bono'"' Company into 7 parts, as I was informed, and accordingly by M"" John Perrincheife in manner following laid out 1 Cap' George Tucker y° Mansion house and three ^fc° in y« occupation of himselfe and his assignes. Abutting at y° west end vppon y^ westeme sea, and at y° east end vppon y' Common way leading from Southampton tribe to Sandys Narrow. Lying betweene y° lands of Esq"' Winwood affbresaid to y° southward and y° lands of M"" John Cufle to y" northward con? j estima? . 78 00 " There is much appearance of truth in this statement, but Captain John Smith or •whoever else is the Author of the MS. History of Bermuda, in the British Museum, gives a less favourable version. According to this Author, Captain Daniel Tucker having a promise of three shares of land from the Company, pre- vailed on Norwood to let him know ' where the principall and choice peeces of Soyle was to be found, that so he might vse his friends in England, for the ob- teyning of the shares of reward out of that part.' Norwood ' finding a fatte and lustye soyle, w'" a most delicate enlarged valley,' at the Westernmost part of what is now Southampton Tribe, there stayed his progress, and acquainted the Governor with his discovery. Who, by directing him to resume his survey from the other extremity of the Island, and work back, easily secured that ' what overplus soeuer should be left (as some ther would be) it could not but fall w*" in the con- tents of this Excellent Valley' (MS. p. 94). The story appears to the Editor to be a calumny. z z 2 1663. 708 APPENDIX XV. A. E. P. AM"- 2 Grleabe Tlie Parsonage honse and two parts of y" Overplus land in y^ occupation of M"" Nathaniell White Minister and his assigne M" Dorathy Malary -with a tenement in her occupation. Abutting at y' west end vppon j' Common high way afforesaid, and at y' east end yppon y' great sound next Georges Bay. Lying betweene y' lands of Esq*" Winwood to y* southward, and y' lands late CoUonell Sandys to y* northwards con? 5 estima? 58 00 These five pts of y' overplus before entred are (as it is said) Annexed to Southampton Tribe. 3 M" Hesther Sandys, late CoUonell Richard Sandys, A tenement and two gts of y° Overplus land in the occupation of Thomas Cooper. Abutting at y^ west end vppon y' Common way afforesaid, and at y° east end Tppon S* Georges bay & S* Georges point. Lying betweene y° Gleabe land afforesaid to y* southwards, and y° lands of Cap' Josias fforster to y* northwards con? p estima? . 51 00 These two parts of y° Overplus last entred are (as it is said) Annexed to Sandys tribe. Thus the whole Overplus rekoned in seaven parts containeth 5 estima? 207 Acres. Whereas there is much difference and inequality in y" parts here laid out by M'' Perrincheife, there is y* like & sometimes much more in Dividing shares in other parts of y'' Country, the reason whereof I suppose to bee, because hee had little knowledge in Surveying, hauing never surveyed any land before. But after my departure for England hee was y' wayes imployed. These differences or Erro" I haue not else where noted (having order to y* contrary) least they might occasion some controversies. Norwood's suevby — somerset island. 709 A. E. p. APP. XV. SOMMERSET ISLAND IN SANDYS TRIBE. —- . 1663. In this tribe every share lyes in three severall par- cells & places, so y* for every share there is in Sonunerset 14^" OO''^ 08?'. At Hogg bay 7 acres 2ro : 32po : At Ireland and other Islands 3 acr 1 ro Which makes 25 acres for every share. The Island called Sommerset I layd out and sub- divided about 47 yeares past before I went for England, the other parts of this Tribe were laid out some years after by M"^ Perrincheife, and about that time as I was informed they made a composition for purchasing two shares for Gleab-land in Pembrooke tribe, and for some other considerations ; they were allowed to Som- mersett already subdevided, y" foresaid part or neck of y' Mayne called Hogg-bay, and two of y" seaventh parts of the Overplus : with y° Is- land called Ireland, and all y' other Islands about Sommerset, Hogg bay & Ireland little & great .In such sort as foUoweth. Begining with Sommerset Island, and with the South Comer thereof. 1 M'' Christopher Burrowes of Sandys tribe (formerly M"" George Barckley.) A dwelling house and fiue Sommerset shares of land ech share con? 14ac : Ors : 8po Bordering on j" north side vppon y^ land late Colonell Sandys, and at y° south Comer vppon Sandys narrow & Sommerset bridge there, And in all other parts environed by y= sea con? 70 1 00 2 M" Hester Sandys late Colonell Richard Sandys (formerly S"^ Edwin Sandys) fiue Sommersett shares of land beeing y° next to y° northward of y' last before entred and foure tenements in y° occupation of John Low, George Davids Simon Prosser and Mich Rivers con?. . . . 70 1 00 3 M"^ John Heydon Deputy Governo' of the hono'''° Company (formerly M"^ Jerome Heydon) tenn Sommerset shares of land lying together next to the northward of y'' land last before entred containing ....... 140 2 00 710 APPENDIX XV. -^^- Namely a tenement and p estima? fifty acres of land in the occnpation of M"^ Sam : Whitney A. R. 1663. Item a tenement and 5 estima? 14 acres in y° occu- pation of Daniell Cole Item a tenement and 5 estima? 25 acres in y° occu- pation of Bernard Coleman Item A tenement & p estima? 25 acres in y° occupation of Tho : Robinson Item a tenement and p estima? 15 acres in y' occu- pation of Robert Priestley Item a tenement and 5 estima? 14 acres in y° occu- pation of Edward Goodale 4 M' James Jaunsey (M'^ John Cuffe and M' Mellim) A tenement and two sommerset shares of land ; Lying next to y° northward of y^ lands last before entred In the occupation of John Burch con? 28 16 6 M' Perient Trott (formerly M' Richard Chamber, laine) a tenement and two Sommerset shares of land, lying next to y° northward in y^ occupa- pation of Edward Burgis 28 16 Vppon these two shares is y^ Church 6 M' Perient Trott (formerly M'^ Abrah : Chamber- laine) A tenement and one sommerset share of land next y' northward of y° land last before entred ; In y*" occupation of Richard Whittaker con? 14 08 7 M' Samuell Smith (formerly M'^ George Smith) A tenement & two Sommerset shares of land lying to y'^ northward of y' land last before entred in the occupation of John Halsted con?. 28 8 M' Edward Hinson als Hinsman of Sandys Tribe (formerly M'' Robert Gore) two tenements & three Sommerset shares of land, lying next to j' northward of y* last before entred ; In y" occupation of Jonathan Burch and Thomas Greeneleafe con? 42 24 9 Edward Evans of Sandys Tribe (formerly S' John Davers) A tenement and two Sommerset shares of land lying next to y'^ northward of y" west end of y' last before entred. In y° occupation of y= said Edward Evans con? . . . 28 16 10 Richard Matelin of Sandys tribe (formerly M"^ Norwood's suevey — somerset island. 711 A. R. P. Robert Gore A tenement and two Sommerset ■^,?' shares of land in his owne occupation, Lying next to y" northward of y° lands last before entredcon? 28 16 11 Esq" Basset (formerly M"- John Delbridge) A tenement and one Sommerset share of land, lying next to y" northestward at a point of land called Daniells point In y' occupation of Robert Burch con? 14 08 12 M'' Sammuell Harrar (formerly M' John Wroth) A tenement and one Sommersett share of land, lying next to y* eastwards of y" lands of Edward Evans and Richard Matelin before entred. In y" occupation of Richard Merrick con? . . 14 08 13 S'' John Harper (formerly M"^ John West his heirea or Assignes) foure tenements and foure shares of land Lying next to y^ eastward of y' lands last before entred And in the occupation of Thomas Wood, Nathaniell Bntterfeild M-^ Ed- ward Hinson and Hugh Whitlock con? . . 66 32 14 M'' . . . Edwards (formerly M"" Richard Chamber- laine) A tenement and one Sommerset share of land lying next to the northwards of the three shares of M"^ Edward Hinson before entred. In y-" occupation of M'' Thomas Hall con? . 14 08 15 M"^ George Waterman and M"^' Margery Harris (for M'' Richard Cbamberlaine.) A tenement and two Sommerset shares of land in the occupa- tion of Sam : Tatum, Lying next to the North- ward of the lands last before entred con? . . 28 16 16 M"^' Elizabeth Sheires (formerly M'^ Richard Cbam- berlaine) A tenement and one Sommerset share of land In y' occupation of M' Thomas Hall, lying next to the northward of y° last before entred con? 14 08 17 Cap* Thomas Turner of Sandys tribe (formerly M'^ Richard Chamberlaine) his dwelling house & one Sommerset share of land at y' north east point. In his owne occupa? 14 08 18 Cap* William Waylet of Sandis tribe (formerly M'' Richard Chamberlain) A tenement and one Sommerset share of land. In his owne occupa- tion. Lying next to y° northwards of M" Sheires and Cap* Tumor con? p es? . . . 14 08 XV. leeiT 712 APPENDIX XV. A. R. P. -*^PP- 19 Cap* Thomas Turno' of Sandys tribe (formerly M-- - , ' -^ Riciard Chamberlaine) one Sommerset sltare ^^^^' of land, and a third gt of a share in his owne occupation Lying next to the northward con? 18 2 38 20 Cap' flSorentio Seymo' of Sandys tribe (formerly M"" Richard Chamberlaine) his dwelling house with one Sommerset share of land and a third pt of a share in his ownc occupation, Lying next to y^ northward of y^ last before entred con? . . 18 2 37 21 M' John Cuffe (formerly M' Richard Chamberlaine) on Sommerset share & a third ^t of a share. In y" occupation of Cap* fflorentio Seymo', Lying next to y* northward of j" last before entred con? 18 2 37 The summ of these lands in Sommerset is 702 ac. 2ro: 00 po: These are y* shares in Sommerset Island (where every Adventurer in this tribe desired to have a share) being j* of y° fifty shares in Sandys tribe as I laid them out about 47 yeares past, onely M' Rich : Chamberlaines 10 shares haue beene since subdivided) And some yeares after j' residue of these shares at y' Neck of y'= Mayne, and Ireland &c. and Ireland were laid out by M' Perrincheife. Whereof there beeing no Record, & y* Survey so long intermitted, and many sales and altera- tions made, I could not bee informed nor certainly gather at present w* 5*° in y^ Neck of y" Mayne and Ireland &e. doe or did belong to y" foresaid 5*^ in Sommerset, each to its corespondent, fibr Although some of them bee Apparent yet others of them are very vncertaine. But if it bee necessary or y* you desire a more full information on this point, And y' I may haue power to call y" tennants together to bee further informedl I shall vse my dilligence in it. In y° meane time I have here sett them downe in such order as I find them ly. Which is as foUoweth, onely where I could not be permitted to measure I haue giuen a neare estimate of their true quantities, in all places. Norwood's survey — sandys tribe. 713 A. B. P. HOGG BAY IN SANDYS TRIBE. app. XV. The neck of the mayne sometimes called Hogg hay helonging to " J^g^ Sandys tribe as part thereof Begining on y" south side. 1 M" Hester Sandys, late CoUonell Richard Sandys for fine shares of land next adjojming on y" north, side of y° Gleabe, and one y° east side of y" Common way leading from y^ Overplus bridge at Sandys Narrow in y^ tenure of Thomas Cooper, and ill y° occnpation of Richard Jeffrey and Humphery Smith, with two tenements there- vppon con? 5 estimat . . . . . 37 2 00 2 Cap' Josias forster, his dwelling house & his part for fiue shares of land w"'' part lyeth next to y° northward of j° land last before entred, and on y° east side of y° Common way afforesaid ; In his owne occupation 42 2 00 3 M' Sammuell Smith a tenement & his part for two shares of land lying next to y° northward of y' last before entred and on y*' east side of y° Common way afforesaid. In y* occupation of Richard Shacklock con? 20 1 00 4 Esq'* Basset and his part for a share of land next adjoyning to y° northward and on y* east side of y° Common way afforesaid ; In y* tenure of Robert Burch and in y^ occnpation of Thomas Yong con? 5 estima? 08 00 6 M"^ Perient Trott A tenement & his part for 2 shares of land next adjoyning to y° northward, & on y^ east side of y° Comon way In y"^ occnpa- tion of Robert Varvell con? 5 estima? . . 17 00 6 W^ Samuell Harrar A tenement and his part for one share of land next adjoyning to y' north- ward, and on y* east side of y' common way afforesaid leading from Southampton tribe to Sandys Narrow. In y' occupation of Richard Merrick con? 5 estima? 08 00 7 S'" John Harper three tenements and Ms part for foure shares of land next adioyning to y° north- ward and on y° east side of y' Common way afforesaid. In y" occupation of Mathew Tucker Robert Hurst & Nicholas Spenser con? . , 35 00 8 M'" Waterman his part for one share of land next 714 APPENDIX XV. ■^P- adioyning to y" north-ward, and lying for y° most E. p. part on y° east side of y" Common way affore- said ; In y° occupation of Thomas Basse con? p estima? 07 1 00 Hitherto these parts for shares have abutted at the west end vppon y" common way leading from Southampton tribe to y" bridge at Sandys narrow & at y'' east end Tppon y° sea called y° great sound. The parts for shares following abutt at y* east end vppon y' afEoresaid Common way and at y= west end vppon y" westerne sea Begining with y° southermost of them. 9 M"^ John Cuffe a tenement and his part for foure or fine shares of land adjoyning to y^ Overplus land of Cap* George Tucker and lying next to y^ northward of it, In y'' tenure of M" Pamell Wilkinson, and in y° occupation of William Harriot con ? 5 estima? 33 00 10 M'' Perient Trott a tenement & his part of one share of land next adjoyning to y° northward of y* last before entred. In y° occupation of Richard Whittaker or Boden Kennick con? 5 estima? . 07 00 11 Cap* William Wailet of Sandys tribe his dwelling house and his part for fine shares of land next adioyning to y° northwards of that last before entred In his owne occupation con? g estima? . 34 2 00 12 M' John Heydon deputy Govemor' of y' hono'''^ Company A tenement & his part for ten shares of land next adjoyning to y'' northward of y* last before entred In y° occupation of William Burch con? g estima? 69 00 13 Cap* William Wailet of Sandys tribe A tenement and his part of a share of land, lying neare Som- merset bridge in y' occupation of Samuell Korth and Edward North con? 5 estima? . . . 06 00 14 M' Waterman A tenement and his part of two shares of land, In ye occupation of Sammuell North and Edward North con? 5 estima? . . 12 00 15 Cap* Thomas Turno'' of Sandys tribe A tenement and his part for a share of land ; lying for y" most part on y west side oflF Hogg bay, and part on y" east side in y^ occupation of con? $ estima? . . . . . . . 07 2 00 Norwood's survey — Ireland island. V15 XV. A. B. p. 16 MF' ElizabetlL Sheires A tenement and her part for ■'^^■ two shares of land, lying on j° west side of Hogg bay. In y° occupation of Thomas Higgin- bottome, con? g estima? . . . . . 12 00 1 7 Cap* Thomas Turno' of Sandys tribe A tenement and his part for one share and a third part of a share, lying next to y" northward of y* last before entred In y° occupation of Thomas Hig- ginbottoome con? p es? . . . . . 11 2 00 18 Cap' fflorentio Seymo"' of Sandys tribe o'' present Governo"^ A tenement & his 5* for a share and a third p* of a share, lying next to y^ northward of y° last before entred. In y* occupation of M'" Christopher Burrowes con? g estima? . . 10 2 00 1 9 M'" John Cuffe his part for one share and a third part of a share, Lying at y° point in y° tenure of Cap* fflorentio Seymo"^, and in y° occupation of M'' Christopher Burrowes con? 5 estima? . . 12 2 00 The summe of all these lands at y^ Neck of y° Mayne commonly called Hogg bay. Lying to y° northwards of Cap' Tuckers three parts of the Overplus and Gleabe iiwo parts I say the. summe is 5 estimat? 391 ac ro 00 po : IRELAND ISLAND IN SANDYS TRIBE. The Islcmd called Ireland, with the other Small Islands betweene and about Irelcmd 8f Sommerset, Beginmg from y' southwest and reckoning toward y' northeast Cap' Josias fforster of Sandys tribe Three Islands in Heydons bay con? g estima? Z'"^ 2''= Item Daniells Island p"^ estima? 3 ro Item a parceU at y' southwest end of Tates Island con? 3 acres 3 roods In y" occupation of William Bowe. All these parcells lying scattered as afforesaid con? 5 estima? 08 00 Cap' Thomas Tumor of Sandys tribe. An Island called Watford Island lying betweene Tates Island and Sommerset Island con? 5 estima? . 04 00 M" Hester Sandys, late Collonell Richard Sandys a tenement and her part for fine shares of land 716 APPENDIX XV. A, Lying in y" middle of Yates Island, In y' occu- pation of W™ Bowe eon? 5 estima? . . . 19 00 1663. 4 ]y[r joiiji Heydon Deputy Govemo'' of y° hono^i Company A tenement and his part for 10 shares of land ; Namely y* northermost part of Tates Island ; In y' occupation of Leif ? Bernard Cole- man, con? g estima? 9 acres. Item a tenement and y° southwest part of Ireland to y' Crawle, and two small Islands (con? 5 estima? 2 acres) at y'' Crawle in y* occupation of Neriah Hill, con? 5 estima? 24"° l" In y« whole con? g estima? 34 1 00 5 M"^ James Johnsey A tenement, and his part for three shares of land. Lying next to y^ Crawle point, in y'= occupation of John Burch, con? g estima? 13 2 00 6 M"" Perient Trott part of a share of land adjoyning to y^ former In y*' occupation of Richard Whit- taker con? 5 es? 03 3 00 7 M'' Perient Trott a tenement and his part for two sh : of land neare y' bottome of y' Crawle, In y" occupation of Edward Burgis and Andrew Brownlow con? 5 estima? 07 00 8 M"" Samuell Smith his part for two shares of land nest adjoyning to y" eastward of y° former, in y" occupation of John Halsteed con? 5 estima? . 07 00 9 Richard Matelin of Sandys tribe his part for three shares of land next to y"' northeast, In his owne occupation con? j estima? . . . . 11 00 10 Edward Evans of Sandys tribe his part for two shares of land next adioyning to y° northeastward. In his owne occupation con? g estima? . . 06 00 11 Richard Matelin of Sandys tribe his part for two • shares of land next adioyning to y^ northeast- ward In his owne occupation con? p estima? . 09 00 12 Esq'' . . . Basset his part for two shares of land next adioyning to y^ northeastward, In y' occu- pation of Robert Burch con? 5 estima? . . 03 00 13 Sergeant . . . Merrick of Sandys tribe his part for a share of land, next adjoyning to y" north- eastward In his owne occupation con? 5 estima? 03 1 30 14 Edward Hinsman of Sandys tribe his part for foure shares of land next adioyning to y* northeast- ward, In his owne occupation con? 5 estima? . 11 1 00 Norwood's survey — Ireland island. 717 A. R. p. 15 M' Edwards his part for two shares of land next ■'^^• adioyning to y° northeastward, In y" occupation > , — ofM'-Hallcon^jestima'i . . . .04 02 00 l''^^- 16 M' George Waterman and M" Margery Harris, their part for two shares next adjoyning to y° north-eastward In y' occupation of Samuell Tatum con? 5 estima? 06 1 00 17 M" Elizabeth Sheires, her part for one share of land next adioyning to y* northeastwards. In y" occu- pation of Thomas Hall con? 5 estima? . . 04 1 00 18 Cap' William Wailet of Sandis tribe his part for one share of land : And Cap* Thomas Turno'" of Sandys tribe his part for another share. In all two shares of land next adioyning to y° north- east, In their owne occupation con? 5 estima? ^ 07 1 00 19 Cap* Thomas Turno"^ afforesaid his part for one share & §■ of land next adioyning to y" north- eastward in his owne occupation con? p estimftS 04 2 30 20 Cap* fiBorentio Beymo"^ our present Governo'' his part for one share and a third, and M' James Johnsey his part for one share and a third, both parts lying together at y° northeast end of Ireland in the occupation or tenure of y° said Cap* fGlorentio Seymo"^ con? 5 estima? . . 09 1 20 The summ of this Island called Ireland, with Tates Isle and some other small islands about Ireland & Sommerset part of Sandys tribe con? p estima? 175"= 1™ 10"= The sum of this whole tribe called Sandys tribe consisting of Sommerset Island, Hogg bay ats y* Neck of the mayne, Ireland & y" other Islands 1268 acres 3 roods 10 po Which is some- thing more then other tribes for y° Causes afforesaid 718 SPECIAL INDEX TO APPENDIX XV. Names of English Proprietors in 1663 are printed in italics. The same share of land may appear twice — viz., under the names of its owner and of its occupier. Where there is a name in the fifth column, the occupier is a tenant. Owner or Occupier §■3 Tribe or Locality Of whom held Original Grantee Abercromby, Eev. 53 A 50 Tucker's Town Gleabe land Thos. Ackland, Thos. 12 28^ an Island Adams, WiU. 29 5 David's li^land Jacob Axton Allen, Will. 1 David's Island Company Allin, Anne 32 24 Hamilton Mr. Poison Allin, Thos. 49 24^ Warwick Mr. E. Tomkins Ansley, Edw. 2 50 3 Hamilton Col. Owen Eowe Ap Owen, Eiehard 1 49 Devonshire Eiehard Ap Owen Mr. Johnson Ap Owen, Eiehard 18 24^ Devonshire Mr. Knightley Mr. E. Ditchfield Ap Owen, John 31 24i Smith's ParneU Wilkinson Sir John Worsen- holme Aser, Godheard 7 72 Hamilton Heirs of Delbridge John Delbridge Aser, Godheard H 61| Smith's Island Smith's Fort Atkinson, Sam. 54 25 Tucker's Town Company Atwood, Edw. 12 24 Hamilton Capt. Geo. Hubbart Mr. Quick Atwood, Henry 32 25 Paget's Henry Moore Capt.GEtheridge Austin, Nathl. 15 241 Warwick Mrs. Sarah Smith Mr. Thos. Wale Axton, Jacob 11 t Hamilton Mr. M. Wicks Mr. Ealph King Baily, Eoger St. Georges, b Governor Baily, John 4 ¥ Devonshire Mr. Perient Trott Mr. Weld Baily, Eobert 6 # Devonshire Mr. Perient Trott Mr. Weld Ball, George 6 50 Hamilton Ball, George 15 25 Smith's Mrs. Hester Sandys Sir Edw. Sandys Ball, George 15 49 3 Smith's Mrs. Hester Sandys Sir Edw. Sandys Barnes, William 4 24i Southampton Sir Thos. Smith Bascombe, George 29 24| Warwick Mr. Holland Mr. Wells Bascoyne, Esq., Hugh 1} Paget's Lord Paget Bascoyne, Esq., Hugh 122 Paget's Lord Paget Bascoyne, Esq., Hugh 9( Paget's Lord Paget Bascoyne, Esq., Hugh 10, Paget's Lord Paget Basden, Mr. Wm. 47 24i Warwick Mr.Geo. Swinhow Basden, Mr. Wm. 48 244 Warwick Mr.Geo. Swinhow Basse, Thomas 8 7 Hog Bay, Sandy's Mr. Waterman Basset, — Esq, 4 8 Hog Bay, Sandy's Thomas Young SPECIAL INDEX TO APPENDIX XV. 719 Owner or Occupier ^.1 11 IS Tribe or Locality Of whom held Original Grantee Basset, ■— Esq. A 14 Somerset Island Mr.Jno.Delbridge Basset, — Esq. 12 3 Ireland Island Bateso-n,Mr. Maithcu 21 49 Smith's SeVerne Viccars Mr. H. Timberley Beake, Abiel 12 24i Pembroke Col. Owen Rowe Mr. Harding Beake, John 14 24i Pembroke Mr. Samuel Whiting Mr. Ward Bedwell, John 1 St. G-enrge's e Governor Bell, William 26 26 David's Island Company Bentley, John 31 24J Warwick Mr. Perient Trott Dr. A. Hunton Bermuda, Comp. 26 24^ Paget's Mr. T. Wheatley ,, 27 49 Paget's Mr. T. Wheatley BicVerton, Edward 5 49 3 Devonshire Mr. Perient Trott Mr. Weld Bollard, Ann 6 24 Paget's Mr. Thos. Murrell Alderman Cotton Bollard, Euth 6 24^ Paget's Mr. T. MurreU Mr. Ffenner Bond, Rev. Sampson 5 49 Pembroke Glebe house and land Mr. Leavers Bostwick, Thomas 28 24J Smith's Capt. W. Sayle Mr. John Wroth Bowen, Benjamin 21 24^ Devonshire Mr. John Stow Mr. Anthony Peniston Bowe, William 1 8 Ireland Island Capt. Josias Forster Bowe, William 3 19 Ireland Island Mrs. Hester Sandys Col. R. Sandys Brackley, Edw., Lt. 2 St. George's Company Brangman, Edw. , Lt. 25 25 David's Island Company Brereton, Mr. Thos. 27 49 Paget's The Hon. Company Mr. Thomas Wheatley Bristow, John, Mar- 1 50 St. George's Marshall's land shall Bristow, John, Mar- 1 50 St. George's, E GoTernor , shall Browne, Roger ¥ St. George's, e Governor Browne, John ■^9 23 3 Tucker's Town General land Browning, Mr. 8 24i Southampton Mr. A. Dawes Brownlow, Andrew 7 7 Ireland Island Mr. Perient Trott Bryan, Mr. Stephen 9 241 Southampton Leonard Harwood BuUard, Daniel 19 24J Pembroke Free School land Mr. Holman Bullard, D. 20 24i Pembroke School Land Mr. N". Ffarrer Mr. Holman Bullard, Dan. juu. 17 12 Pembroke Mr. Dennys Mr. Jacobson Bullock, Mr. Wm. 9 24| Warwick Mr.SamLTicknor Bullock, W. 10 24i Warwick Mr. S. Ticknor Bullock, Mr. Wm. 34 12 Warwick Mr. Perient Trott Mr. E. Poulson Burch, John 4 28 Somerset Island Mr. James Jauncey Mr. John Cuffe Burch, John 5 m Ireland Island Mr. James Jauncey Burch, Jonathan 8 21 Somerset Island Mr. Edward Hinson Mr. Eobt. Gore Burch, Eohert 12 3 Ireland Island — Basset, Esq. Burch, Robert 25 24* Southampton Capt. Thos. Turner Mr. George Scott Burch, Robert 4 8 Hog Bay, Sandy's Esq. Bassett Bur;li, William 12 69 Hog Bay, Sandy's Mr. John Heydon Burcher, Robert 24 25 David's Island Company Burgis, Edward 6 28 Somerset Island Mr. Perient Trott /Mr. R. Cham- \ berlain Burgis, Edward 7 7 Ireland Island Mr. Perient Trott Burgis, Mr. Thos. 27 48 Hamilton Capt. Covelles Burrowes, Mr. Chris. 1 70J Somerset Island Mr. Geo.Barckley ■ Burrows, Christr. ri8 \19 23 Hog Bay, Sandy's f Capt. Seymour \Mr. J. Cuffe Burrows, Michael 22 48 Hamilton /Mr. Cleophas \ Smith 720 SPECIAL INDEX TO APPENDIX XV. Owner or Occupier ■go. Tribe or Locality Of wliom held Original Grantee Burrows, Christr. 16 A 2.5 Pembroke Mr. Ffearne Burt, John 27 21 Elizabeth Island Butterfield, Nath. 13 25 Somerset Sir J. Harper Mr. J. West Canter, Chris. 29 24 Hamilton Mr. Greenwell Camaby, Henry 11 24 Paget's Mr. A. Pymme Lord Paget Caston, John 81 49 Paget's SirKd. Grobham Cawley, Mr. Thomoi 6 24- Smith's Mr. Eobert Smith Chandler, Mr. 5 24i Paget's Alderman Cotton Chaplaine, Lt. Ed. 24 24 "Warwick Mr. Waterhouse Mr. E. Maplesden Charon, Mr. Wm. 6 24 Southampton Mr. Abm. Dawes Christr. Cumber 2 24. Pembroke Mr. Geo. Smith Clarke, Mr. Thomas 28 24 Devonshire Mr. Wm. Palmer Clinch, Thos. 50 Tucker's Town Generalle land Coates, Bartholomew 11 49 Devonshire John Cox Mr. Edwr. Luckin Cole, Daniel 3 14 Somerset Mr. John Heydon fMr. Jerome \ Heydon Coleman, Bernard 3 25 Somerset Mr. John Heydon /Mr. Jerome \ Heydon Collins, Thomas 31 24 Hamilton Mr. PoUson Collins, Thomas 32 24 Hamilton Mrs. Ann Allin Mr. Poison Conyaid, Nath. 36 21 Tucker's Island Cooper, Thos. 7 241 Southampton Mr. A. Dawes Cooper, Thomas 3 51 Overplus Mrs. Hester Sandys Col. E. Sandys ' Cooper, Thomas 1 37^ Hog Bay Mrs. Hester Sandys Col. E. Sandys Cox, John 11 49 Devonshire Mr. E. Luckin Cox, Mrs. Martha 20 24 Hamilton Mr. Perient Trott Sir Thos. Huggins Crockford, Charles 28 24i Smith's Capt. W. Sayle Mr. J. Wroth Crossekeys, Thos. 11 24 3 Hamilton Mr. M. Wicks ' Mr. Ealph King Cuffe, Mr. John 9 33 Hog Bay, Sandy's Ci^e, Mr. John. 19 12^ Hog Bay, Sandy's Cuffe, Mr. John 21 185 Somerset Island fMi-. Ed. Cham- l. berlain Mr. Geo. Smith Cumber, Christr. 2 24J Pembroke Capt. Thos. Eiehards Dando, Marmaduke 18 24J Southampton Mr. Eichard Hunt Sir Nathl. Eich Davids, George 2 1° Somerset Mrs. Hester Sandys Col. E. Sandys Davis, Eandall 22 25 David's Island /Commissioners of \ Southampton Fort Dawes, William 1 25 Hamilton Mr. W. Peazley Delawne, Mr. 20 49 Devonshire Mr. G. Delawne Lelbridge, J. Heirs 7 72 Hamilton Dermys, Mr. 17 241 Pembroke Mr. Jacobeon Devitt, Mr. John 17 24i Warwick Mr. Perient Trott Earl of Warwick Devitt, Mr. John 18 241 55 Warwick Mr. Perient Trott Earl of Warwick Devitt, Mr. John 42 24i Warwick Devonshire. \ Within these Capt. Geo. Tucker SirEobtMansell Devonshire, Earl of .;} 245 shares the Church & churchyard for . this & next tribe r William Lord 1 Cavendish SPECIAL INDEX TO APPENDIX XV. 721 Owner or Occupier O g §■8 Tribe or Locality 01 whom held Original G-rant^e Dickenson, Robert 24 A 49 Southampton Mr. E. Moorer Diller, ■William 30 24i Warwick The Free School Mr.Wm. Webster Dobson, Humphrey U 24| Pembroke Mr. Eoberts Mr. Fearne Dobbs, Eoger 10 24 Devonshire Earl of Devonshire Ld.W. Cavendish Dorrell, John 6 24J Pembroke Mr. Nich. Hyde Dorrell, John 35 24| Paget's Mr. Cressweil Dorrell, John 1 49 Southampton Dorrell, Mr. John 44 24i Warwick Sir Eobt. Mansell Dorrell, Mr. John 46 24J Warwick Sir Robt. Mansell Dorrell, Mr. John 46 24| Warwick /Mr. Christopher \ Clitheroe Dorset, James 12 24i Warwick Mrs. Sarah Smith Mr. Thos. Wale Downing, Benj. 23 49 Devonshire Mr. E. Luckin Dunscombe, Mrs. "1 Hannah J Dunscombe, Philip 8 49 Pembroke Mr. Thos.Judwin 23 24i Paget's Free School land Mr. Thos. Church Dunscombe, Thomas 24 24i Pembroke Mr. Henry Moore Mr. Abbot Dunscombe, Samuel 29 241 Pembroke Mrs. Trimmingham Sir Thos. Smith Durham, Mrs. Eliz. 14 241 Southampton Free School land Sir Nathl. Eich Durham, Henry 15 24J Southampton Free School laud Sir Nathl. Eich Edwards, Mr. 14 14 Somerset Island Mr. Thomas Hall /Mr. Eichard \_ -Chamberlaitie Edwards, Mr. 15 4i Ireland Edwards, Mr. 30 24| Pembroke Mr. Cartwright Ellis, Mr. Thomas 24 49 Devonshire Mr. Eogers Elwick, Mr. John 1 24| Pembroke Capt. Thos. Richards Mr. Geo. Smith Erans, Cornelius i St. George's, e Governor Evans Edmund 29 24J Evans, Edmund 29 24| Southampton Capt. T. Richards E. of Southampton E>ans, Edward 10 6 Ireland Island Evans, Edward 9 28 Somerset Ihlaud Sir John Davers Evans, Joseph 29 24| Southampton Capt. Thos. Richards f Earl of South- \ ampton Ewers, Mr. Jeremy 8 241 Warwick Mr. J. Kettleby Ewers, Mr. Jeremy 33 24i Warwick /Mr. Francis \ Melveril Ffelgate, Mrs. 21 24^ Warwick Mr. Wm. Eelgate Ffarnell, Francis 13 24 2 Pembroke Mr. B. Eosyer Mr. Speckhart Fletcher, Mr. 19 49 Devonshire Mr. Fletcher, sen. Eflowers, Elyss 24 244 Smith's Aid. Johnson E Coord, Henry 34 24| Paget's Mir W. Wade Efoord, Henry Sr 9 24^ Pembroke Sir B. Rudyerd E. of Pembroke Ffoord,Mr.Henry,jr. 21 49 Pembroke Mr. Canning Ffoord,Mr.Henry,,jr. 23 24J Pembroke Mr. Abbot Forster, Oapt. Josias 2 i^ Hog Bay, Sandy's Forster, Jos. 1 8 Ireland Island Forster, Mr. Thos. 18 24i Paget's Mr. Palmer Fox, Lieut. John 32 15 David's Isbmd Capt. Godheard Asei Mr. J. Delbridge Garroway, Thomas 26 49 Devonshire Mr. Josph. Wiseman Mr. Wm. Palmer Gaud, Daniel 25 341 Warwick Mr. R. Maplesen Gaud, Daniel 7 24* Southampton Thomas Cooper Mr. Abrm. Dawes Gibbous, James 6 24JI Smith's Mr. Thos. Cawley Mr. E. Smith VOL. II. 8 A 722 SPECIAL INDEX TO APPENDIX XV. Owner or Occupier 16 P Co A 24 Tribe or Locality Of whom held Origin"J Grantee Gilbert, Eichard Smith's Sir Edwin Sandys Golding, Percival 2 49 Devonshire The Free School /Mr. Benson and \.Mr. Faucett Goodale, Edw. 3 14 Somerset Mr. John Heydon / Mr. Jerome \ Heydon Governor, The 2 St. George's, E Goodfaith, Jos. 1 St. George's, H Governor Grazbury, Edward 8 24J Smith's ' Lieut. Ed. Brackley Mr.Geo.Barckley Grazbury, James 58 Tucker's Town Grazbury, John 22 25 David's Island f Commander of \ Southampton Fort Grazbury, Edward 6 25 Hamilton Geo. Ball Greenaway, William 32 244 Warwick Mr. Perient Trott /Dr. Anthony \ Hunton Greenleafe, Thoa. 8 21 Somerset Mr. Edw. Hinson Mr, E. Gore Griffin, Thomas 34 24J Paget's Mr. Henry Foord Sir Wm. Wade Griffin, Thomas 14 49 Smith's Mr. Wm.Pennistone Sir Anthony Ager Griffin, Thomas 32 49 Smith's Capt. Eichd Jenny ds /Sir John Wor- \ senholme Guarding, Dr. 4 24J Paget's Alderman Cotton Guise, William 11 1' Hamilton Mr. M. Wicks Mr. Ealph King Hall, Mrs. Deborah 8 37i Hamilton Mr. Hubbert J. Dike Hall, Thomas 5 50 Hamilton Hall, Thomas 14 14 Somerset Mr. Edwards /Mr. E. Cham- \ berlaine Hall, Thomas 17 Hall, Mr. 16 4 Ireland Island Mr. Edwards Halsey, James 8 24. Smith's Halstead, John 7 28 Somerset Island Mr. Samuel Smith Mr. Geo. Smith Halstead, John 8 7 Ireland Island Mr. Samuel Smith Hanger, Eichard 30 24i Pembroke Mr. Edwards Mr. Cartwright Harding, Hugh 20 25 David's Island Company Hariot, John 17 24 Devonshire Mr. NichoUs Harper, Sir John 7 35 Hog Bay; Sandys Harper, Sir John 13 56 Somerset Island Mr. John West Harrar, Mr. Saml. 6 8 Hog Bay, Sandy's Harrar, Mr. Saml. 12 14 Somerset Island Mr. John Wroth Harris, Margery 16 6 2 Ireland Island Harvey, Humphrey 3 25 Hamilton Mr. W. Peazley Hatchett, Thomas 2 25 Hamilton Col. Owen Eowe Hawes, Mr. N. 18 24 Hamilton Hawkes, Eichard 2 49 Smith's Mp. Edwards Haynes, William 10 24 Hamilton Mr. Pnipps Helyn, John 45 17 Islands, Home B. Herbert, Eichard 19 49 Devonshire Mr. Ffletcher Mr. Ffletcher, jr. Heydon, Mr. Johnl (deputy Governor '■ of Company) J 12 69 Hog Bay, Sandy's Heydon, Mr. John 3 uo^ Somerset Island John Whitney ^ Daniel Cole / Neriah Hiil Mr. Jeri. Haydon Heydon, Mr. John 4 33 Ireland Island Hide, Sir Lawrence 7 24^ Pembroke Thomas Weaverley Sir L. Hide Higginbothom,Thus. 167 lli Hog Bay, Sandy's Capt. Thos. Turnur Higgs, Miles 19 25 David's Island Company Hill, Mr. Gilbert 22 24J Warwick Capt. Geo. Tucker Capt. Watts SPECIAL INDEX TO APPENDIX XV. 723 Owner or Occupier tl Tribe or Locality Of whom held Original Grantee Hill, Mr. Gilbert 23 A 244 Warwick Capt. Geo. Tucker Capt. Watts Hill, Neriah 4 26 Ireland Island Mr. John Heydon Hilton, Lt. Thos.' 16 24i Southampton Sir N. Eiche Hilton, Thos., Lieut. 23 50 David's Island Company Hinde, Lt.-Col. John 28 98 Paget's /Captain John 1 \ Wentworth / Mr. Barron Hinde, Lt.- Col. Hinde 13 49 Smith's Mr. Thos. Griffin Sir Anthony Ager Hinsman, Edward 14 11 Ireland Island Hobson, Margery 28 24 Hamilton Capt. Covell Holland, Mr. J. 29 24^ Paget's Capt. Geo. Bascombe Mr. WeUs Holland, J. 30 24| Paget's Mr. Woodale HoUoway, Hannah 1 f St. George's, b Governor Holmes, Edward 28 4 Warwick Common land Hopkins, Samuel 13 124 Pembroke Mr. B. Eosyer Mr. Speckart Hornsby, Giles 2 ¥ Hamilton Col. Owen Eowe Howe, Nicholas 19 24i Paget's Mr. Palmer Hubbart, Capt. G. 12 48 Hamilton Mr. Quick Hubbart, Capt. Geo. 13 49 Devonshire Mr. Ed. Luckin Hubbart, Mr. J. 8 37J Hamilton Mr. T. Dike Hunt, Mr. Eichard 17 98 Southampton Sir Nathl. Eich Hunt, Erich. 18 241 Southampton Sir JN. Eiche Hurt, John k St. George's, a Governor Hutehings, Thomas 27 24i Devonshire , Mr. John Vaughan Mr. Wm. Palmer Hutchings, John 33 24i Paget's Mr. John Dorrell Mr. Creswell Ingham, John 6 24i Pembroke Mr. John Dorrell Mr.Nichols.Hide Islake, Eobert 4 ■24J Pembroke Capt. Thos. Eichards Mr. Geo. Smith Islake, Francis 23 ^H Paget's Free School Eev. P. Copeland Jaunsey, Jas. 4 28 Somerset /Mr. John Cuffe \.Mr. Mellim ,, 5 13i Ireland Island Jennyns, Capt. Ed. 46 1* Southampton Port Jennyns, Capt. Ed. 20 98 Smith's Mr. Ed. Mo'>re Jennyns, Capt. E. 32 49 Smith's /Sir J. Worsen- \ holme )> 22 m Southampton Mr. E. Moorer Jennyns, Eichard 27 244 Smith's Capt. W. Sayle Mr. J. Wroth Jenuynings, Anne 16 24 Hamilton Mr. William Webb Jobson, William 21 m Warwick Mr. FfeJgate Mr. Ffelgate Johnson, John 1 244 Paget's Mr. A. Pymme Sir W. Garway Johnson, Hamd. 17 12 Pembroke Mr. Dennys Mr. Jacobson Jones, Henry 25 124 Pembroke John Squire Mr. E. Caswell Jones, George 2 244 Warwick Mr. Miohl. Eston Jones, Eichard 23 24 Hamilton Mr. Perient Trott Earl of Warwick Jones, Eichard 10 73 Devonshire Earl of Devonshire W. Lord Cavendish Jones, Wm. Lieut. 59 60 Tucker's Town Castle Land Joyner, Mr. Anthony 33 36 Hamilton Mr. Knightley Mr. Webb Joyner, Mr. Anthony 35 36 Hamilton Mr. Knightley Mr. Webb Keele, William 8 244 Southampton Mr. Browning Mr. A. Dawes Kemble, Thomas 12 244 Southampton Free School Laud Sir Nathl. Eich Kersey, Thomas 6 24i Southampton Mr. John Breton Knightley, Mr. 18 2-44 Devonshire Eichard Ap Owen Mr. Ed.Ditohaeld Knightley, J. 33 36 Hamilton Mr. Webb IF 35 36 » 8 A 2 724 SPECIAL INDEX TO APPENDIX XV. Owner or Occupier ■Sgl tl Tribe or Locality Of whom held Original Grantee Knowlea, Diamond 22 A 73^ Southampton Capt. Ed. Jennyns Mr. E. Morer Lea, Capt. Philip 20 98 Paget's Capt. Philip Lea Mr. Thos. Church Lea, Eichard 26 24i Paget'^ The Hon. Company /Mr. Thomas \ Wheatley Lea, Phillip 21 98 Paget's Mr. T. Church Lea, Capt. Chris tphr. 3 49 Warwick Mr. Perient Trott Mr. Michl. Eston Lea, Capt.Christphr. i 2 Warwick Mr. Perient Trott Mr. Michl. Eston Leaycraft, Mrs. Jane 32 m Southampton Sir Thos. Hewitt Leybourne, John 53 244 Warwick Mr. M. Bond Lindy, William, er. 9 2-li Paget's Esq. Hugh Bascoyne Lord Paget Long, John 7 49 Devonshire John Long Mr. Alderley Longstone, Johnthn. 10 37 Devonshire Earl of Devonshire W.LordCavendish Low, John 2 14 Somerset Mrs. Hester Sandys Sir E. Sandys Lowe, Mr. Matthew 19 24 Hamilton Capt. Bernard Lydall, John 35 30 David's Island Samuel Whitney Mallary, Doroth. 2 58 Overplus Gleahe Land Marrow, Daniell 56 25 Tucker's Town Company Martin, John 35 24J Warwick Mr.Mat.Shepherd Matelin, Eichard 10 28 Somerset Island Mr. Eobert Gore Matelin, Eichard 9 11 Ireland Island Matelin, Eichard 11 9 Ireland Islan^ Merrrick, Sergt. 13 3 Ireland Island Michael, Charles 49 244 Warwick Mr. Thomas Allen Mr. Ed. Tomlins Michael, John f 48 2 Hamilton Capt. Geo. Hubbart Mr. Quick Middleton, Edw. I St. George's, k Governor Milner, Mr. John 9 15 48 12J Hamilton Mr. Perient Trott Mr. Eoberts Mills, John 2 St. George's, e Governor Ming, David 42 77 Cooper's Island Company Morgan, Mrs. Ann 26 244 Southampton Mr. George Scott Moore, Thomas 40 244 /"Warwick. The \ \ Church in this./ Capt. Geo. Tucker Sir Eobt. ManseU Moore, Mr. Henry 32 49 Pembroke Sir Anthony Ager Moore, Henry 24 24i Pembroke Mr. Abbots tt 32 98 Paget's rCapt. George \ Etheridge More, John 36 3 David's Island More, John 37 10 David's Island Michael Burrows More, William "1 More, Joseph, ^Z j 54 50 Tucker's Town Company Morris, John 31 2Jl 2 Hamilton Mr. Poison Morris, Eichard 20 244 Devonshire Mr. Delawne / Mr. Gideon 1_ Delawne Mountain, Mary 30 10 David's Island Mr. Southerne Murrell, Mr.Thos. 31 27 15 49 Southampton Capt. G. Hubbart Mr. Thomas Murrell /Mr. George \ Scott Murrell, Th. 2 29| Paget's Alderm. Cotton ,^ 6 49 Paget's 50-1 61 I 52j Warwick Mr. J. Kerrell Murrell, H. 73 1 Sir J. Walter Nailnr, Eliz. 38 25 David's Island Mr. Waterman Mr. Waterman NaptoD, John 4 49 Smith's Mr. Eoht. Payne SPECIAL INDEX TO APPENDIX XV. 725 Owner or Occupier I'S Tribe or Locality Of whom held Original Grantee Nash, George u A 24 Paget's Mr. Alex. Pymme Lord Paget Nash, John 8 24^ Paget's Esq. Hugh Bascoj'ne Lord Paget Nelmes, John 43 24i Warwick Capt. Geo. Tucker Sir Eobt. Mansell Nelmes, Capt. Wm. 50 24i Warwick Mr. Meverill Mr. Hollands Nelmes, Capt. Wm. 51 24i Warwick Mr. Meverill Mr. John Kerrell Nelmes, Capt. Wm. 52 24| Warwick Mr. Meverill Sir John Wiilter Newman, Josias 3 24^ Pembroke Mr. Geo. Smith Newman, William 59 Tucker's Town General land Newton, Samuel 3 49 Smith's Mr. Payne Nicholls, John, sheriff 3 100 St. George's Sheriff's land NichoUs, Mr. John 24 2H Paget's Mr. Geo. Smith Norman, Matthew 1 "J. St. George's, e Governor North, Edward 13 1' Hog Bay Capt. Wailet North, Nathaniel 56 25 Tucker's Town Company North, Nathaniell 5 2ii Smith's Mr. Perient Trott Mr. Eobt. Smith North, Samuel 13 6 Hog Bag, Sandy's Capt. Wm. Wailet Norwood, Mr. Ed. 26 49 Pembroke Mr. E. Caswell Outerhridge, Wm. 22 48 Hamilton Mr. Michael Burrows Mr. Clphas. Smith Outerbridge, Wm. 24 12 Hamilton Mr. Perient Trott Earl of Warwick Outerhridge, Wm. 26 24 Hamilton Mr. Perient Trott Earl of Warwick Owen, Evan 9 3 Island, Crow L. Owen, Lazarus 22 28 Island, G. Sound Painter, Stcph. 31 49 Southampton Mr. H. Timberley Parker, Thomas 2 24J Paget's Mr. Thos. Murrell Alderman Cotton Payne, Bartholomew 23 24^ Southampton Capt. Thos. Eichards Mr. Eich. Moorer Payne, Bartholomew 24 49 Southampton Mr. Eich. Moorer Feazley, Mr. Wm. 1 25 Hamilton /Countess of \ Bedford Peaeley, Mr. W 3 60 Hamilton H. Harvey Euth Willis Teazley, Mr. W. 4 25 Hamilton Mrs. Euth Willis Peniston, Mr. Wm. 1 49 Smith's Sir Dudley Diggs Peniston, W. 14 49 Smith's Sir A. Ager Perenehiefe, John 21 76 Paget's Capt. Philp Lea Mr. Thos. Church Place, John 30 24 Hamilton Mr. Spruson Plummer, Thomas 22 49 Devonshire Mr. Best Potter, Martin 28 24i Devonshire Mr. Thos. Clarke Mr. W. Palmer Potter, Eichard 10a 24i Pembroke Mr. Alex. Pymme Earl of Pembroke Potter, Salters 106 2^ Pembroke Mr. Alex. Pymme Earl of Pembroke Powell, Eobert 1 25 St. George's, Governor Priestley, Eobert 3 15 Somerset Mr. John Heydon Prosser, Simon 2c 14 Somerset Mrs. Hester Sandys Col. E. Sandys Prudden, Mr. Matt. 32 37 Paget's Mr. Henry Moore Cpt.G. Etheridge Pymme, Alex. 10 98 Pembroke E. of Pembroke Pymme, Mr. Alex. la Paget's SirWm. Garoway 'Pymme, Mr. Alex. 16 Paget's Sir W. Garoway Pymme, Mr. Alex. Ic ■ 1224 Paget's Sir W. Garoway Pymme, Mr. Alex. Id Paget's Sir W. Garoway PymTne, Mr. Alex. i^. Paget's Sir W. Garoway Pymme, Mr. Alex. U Paget's Lord Paget Pymme, Mr. Alex. 12 Paget's Lord Paget Pymme, Mr. Alex. 13 1221 Paget's Lord Paget Pymme, Mr. Alex. 14 Paget's Lord Paget Pymme, Mr. Alex. 15j Paget's Lord Paget 726 SPECIAL INDEX TO APPENDIX XV. Owner or Ooonpler II 11 A 244 Tribe or Locality Of whom held Original Grantee Eawlins, Lieut. Jno. Warwick Mr. Thos. Wale Eawlins, Lient. Jno. 13 121 Warwick Mrs. Sarah Smith Mr. Thos. Wale Reynolds, Margaiet 6 12 Smith's Mr. T. Cawley' Mr. E. Smith Elvers, John 40 20 Brother Island Eivers, Milhael 2d 14 Somerset Mrs. Hester Sandys Col. E. Sandys Eiohards, Thomas 3 121 Southampton Lieut. Anthj. White Sir Thos. Smith Eichards, Capt. T. 1 2 2H 241 Pembroke Mr. Geo. Smith 4 23 244 Southampton Mr. E. Moorer 29 98 n rEarl of South- \ ampton Eiehards, CaptThos. 30 49 Southampton Earl of Southmptn Eichardsou, Eichard 9c 29} Pembroke Sir B. Eudyer Earl of Pembroke Boherts, Mr. 15 244 Pembroke Mr. Fearne Eoberts, John 6-7 4 Trunk Island Eoberts, Edward 7 241 Smith's Mr. W. Wrighton Mr. Geo. Barkley Eosger, Mr. Barth. 13 24 Pembroke Mr. Speckhart Eoe, David 23 49 Devonshire Benjamin Downing Mr. Ed. Luckin Soe or Bowe, Col. 1 Owen J 12 244 Pembroke Mr. Harding BoeorBoiLe, Col. "1 Owen j 2 50 Hamilton Budyer, Sir Benjn. 9 147 Pembroke Earl of Pembroke Sandys, Mrs. Uesteir 1 374 Hog Bay, Sandy's Col. Ed. Sandys Sandys, Mrs. Hester 2 70i Somerset Island Col. Ed. Sandys Sandys, Mrs. Hester 3 19 Ireland Island Col. Ed. Sandys Sandys, Mrs. Hester 3 51 The Overplus Col. Ed. Sandys Sandys, Mr. Chauncy 12 24^ Smith's Sir Sam. Sandys Sandys, Mrs. Hester 15 49 Smith's Sir Edwin Sandys Saunders, Eichard 20 244 Pembroke Free School land Mr. Holman Sawyer, Arthur 23 24i Devonshire Beuj. Downing Mr. E. Luckin Sayle, Oapt. Wm. 22 49 Pembroke Mr. Martin Sayle, Capt.Wm. 23 49 Smith's fEobt. Johnson \ (Alderman) Sayle, Capt. Wm. 26 244 Smith's Aldrmn. Johnson Sayle, Capt. Wm. 27 244 Smith's Mr. John Wroth Sayle, Capt. Wm. 28 244 Smith's Mr. John Wroth Savle, Capt. Wm. 29 244 Smith's Mr. John Wroth Sayle, Capt. W. 10 244 Southampton Mr. J. Bankes Seares, Gideon 96 29^ Pembroke Sir E. Eudyer Earl of Pembroke Seymour, Capt. \ Flor. {Gov.) S 31 49 Southampton Mr. Stephen Painter Mr. H. Timberley Seymour, Flor. 49 3i King's Castle Castle Land Seymour, Capt. "1 Flor. / 18 104 Hog Bay, Sandy's Seymour, Capt. \ Florentius / 20 9 / Ireland Island 1 1 Sandy's. / Seymour, Capt. \ 20 ISi /Somerset Island"! 1 Sandy's / /Mr. Ed. Cham- \ berlayne Florentius J lOg Shacklock, Eichard 3 20 Hog Bay, Sandy's Mr. Samuel Smith Sharp, Henry 33-4 30 David's Island ' Some time the Earl of Waiwiok'a. SPECIAL INDEX TO APPENDIX XV. 727 Owner or Occupier Shaw, Thomas Sheires, Mrs. Eliz. Sheires, Mrs. Eliz. Sheires, Mrs. Eliz. Sherelock, Edward Skroggin, Thomas Sommersall, Mr. Jno. Smith, Alexander Smith, Eey. Sam. Smith, Capt. Christr. Smith, Christr. Smith, George Smith, Humphrey Smith, Thomas Smith, Edward Smith, Hemry Smith, Sarah Smith, Sarah Smith, Samuel Smith, William, jr. Southerne, Mr. Chas. Sparke, Thomas Sparke Thomas Spatchurst, William Squire, John Stafford, Mr. E. Stalvers, Henry Stalvers, Henry Stanyan, Capt. E. Stirrop, James Stoakes, David Stoakes, Jonathan, "1 Lieut. / Stoakes, John Stone, Samuel Stowe, Thomas Stowe, John Stowe, John Stowe, Mr. John Stowe, Thomas Stringer, Mr. John Styles, John Swan, Thomas Symmes, Henry ^« I"* Co A 1 \° 16 12 16 14 17 4 28 49 25 24J 18 122i 1 2 9 24* 10 24i 26 24J 1 19 11 24i 22 49 29 24 11 24^ 24J 12 24A 13 24 14 24i 15 24^ 7 28 3 20 8 7 4 241 21 48 28 15 27 10 30 2i\ 25 49 15 5 36 14 2 1 49 1 46 2 1 li 31i 25 24^ 25 30 40 25 21 73 28 49 27 49 39 5 13 48 13 m 11 24i 14 24i Tribe or Locality St. George's, n. Hog Bay, Sandy's Somerset Island Ireland Island Southampton Warwick {Smith's. In these "] shares are the I Church and | Churchyard. J St. George's, b St. George's, b Smith's Smith's Smith's Hog Bay Smith's Smith's Hamilton Warwick Warwick Somerset Hog Bay Ireland Island Hamilton David's Island David's Island Smith's Pembroke Hamilton Coney Island St. George's Paget's Longbird Island St. George's, e Peniston Island Paget's Hamilton David's Island Devonshire Pembroke Pembroke David's Island Hamilton Southampton Pembroke Paget Of whom held Original Grantee The Governor Thos. Higginbotham Mr. W. Webb Mr. Daniel Gaud Governor Glebe land Sir J. Walpole Capt. W. Sayle Mrs. Hester Sandys Mr.HughWentworth Capt. Chrstr. Canter Dr. Guarding Capt. J. Bernard Company Ferry land Mr. A. Pymme Company Governor f Captain of Paget's \ Fort Mr. John Wilson Mr. Perient Trott Mr. Perient Trott Free School land Mr. Perient Trott Mr. A. Pymme fMr. Kd. Cham- \ berlaine Mr. G. Scott Mr. K. Maplosdec Sir Thos. Snjith Mr. Geo. Barckley Mr. G. Barckley Alderm. Johnson Col. E. Sandys Mr. Thos. Wale Mr. Geo. Barckley Mr. H. Timberley Mr. Greenwell Mr. T. Wale Mr. Geo. Smith Alderman Cotton Mr. JohnGearing J. Milner {Sir John Wor- senholme Mr. E. Caswell Sir W. Garway Mr. Wheatley Earl of Warwick Mr. E. Eoberts /Sir Leonile \ Cranfielde SirThos. Smith E. of Warwick Sir Nathl. Eich Mr. Draper Lord Paget 728 SPECIAL INDEX TO APPENDIX XV, Owner or Occupier 16 •■0 S Tribe or Locality Of whom held Original G-rantee Tatum, Nathaniel A War-wick Mr. Perient Trott Earl of Warwick Tatum, Nathaniel 13 12 Warwick Mrs. Sarah Smith Mr. Thos. Wale ■ Tatum, Nathaniel U 24 ■, Warwick Mrs. Sarah Smith Mr. Thos. Wale Tatum, Samuel 16 6 Ireland Island Mr. Geo. Waterman Thorntone, Nicholas 1 241 Paget's Mr. A. Pymme Sir W. Garway Thornton, Nicholas 5 241 Paget's Mr. Chandler Alderman Cotton Thraston, William 28 24 Hamilton Mrs.MargeryHobson Capt. Covell Thrift, Lazarus 10 24i Warwick Mr. Sam. Ticknor Todd, Mr. John 11 49 Southampton Sir Nathl. Eich Trevers, Eobert 16 24^ Southampton Lieut. Thos. Hilton Sir Nathl. Eich Trimingham, Mrs. 29 24| Pembroke Sir Thos. Smith Trimmingham, Ann 17 49 Paget's Mr. Palmer Trott, Pericnt 39 25 David's Island M 20 24 Hamilton Sir T. Higgins II 23 24 Hamilton E. of Warwick M 24 12 Hamilton If » 25 36 Hamilton )» 26 24 Hamilton It tt 36 24 Hamilton Mr. Thorpe 5 1} 11 24i, Smith's Mr . Smith It 49 Devonshire Mr. Weld ' 24J Pembroke Mr. Draper 3-4 49 Warwick Mr. N. Exton ' fl6 \ to L20 122^ Warwick E. of Warwick pi \32 49 Warwick Dr. A. Hnnton 34 24-1 Warwick Mr. E. Poulson ri9 \ to I2I E. of Warwick 73i Southampton " 5 28 Somerset f Mr. E. Cham- t berlaine 6 14 Somerset fMr. A. Cham- \ berlaine »> 5 17 Hog Bag, Sandy's ,, 10 7 It »» 6 7 60 6f 7 Ireland Island Tucker, Prancis, \^ Gapt. j it David's Island /Captain of Paget's \ Fort Tucker, Hy., Sec. 2 St. George's Secretary's land Tucker, Geo. 22 24| Warwick Capt. Watts ti 23 241 11 *' 36^ 37 38 j» J) 11 39 40 ■ 41 42 43 196 II \ Sir E. Mansell ' Some time Hie Earl of Warwick's. SPECIAL INDEX TO APPENDIX XV. 729 Owner or Occupier Tucker, Gapt. Geo. Turner, Mr. John Turner, Jonathan Tumor, Capt. Thos. Tynes, Stephen Underwood, Mr. L. Varvell, Eobert Vaughan, John Vaughan, J. Veazy, Nathaniel Veazy, Nathaniel Veaey, Nathaniell Vicars, Severen "Wailet, Capt. Wm. Wailet, W. Wailet, William Wainwright, John Wainwright, John Wainwright, John Wain"wright,Mr,Jno. Wainwright, Jno. Walfole, Sir John Wandy, Eobert Ward, Thomas Ward, Mr. Leonard Ward, Henry Warden, Philip Waterman, Mr. Geo. Waterman, Geo. Waterman, Nathanl. Waterman, Mr. Waterman, Mr. Waterhouse, Mr. W. Watkins, David Watkins, William Watlington, Mr. Francis 78 49 24J 24i 18J 18J 7i 114 4 4 28 49 17 24J 244 244 13 49 344 6 7 244 244 244 245 24J 7 49 16 12 28 6 2 24, 12 7 244 244 24^ 49 Tribe or Locality The Overplus Devonshire Devonshire Southampton Somerset Island Somerset Island Hog Bay, Sandy's Hog Bay Watford Islands Ireland Island Paget'i Paget's Hog Bay, Sandy's St. George's Devonshire Warwick Warwick an Island Smith's Hog Bay, Sandy's flog Bay Ireland Island Southampton Southampton Warwick Warwick Warwick Smith's Devonshire an Island Devonshire Bound Hill Island Southampton Somerset Island Ireland Island Pembroke Hog Bay, Sandy's Hog Bay, Sandy's Warwick Pembroke Paget's Devonshire Of whom held Mr. A, Pymme Mr. Perient Trott Company Capt. Geo. Tucker Capt. Geo. Tucker Mr. M. Bateson Mr. John Dorrell Mr. John Dorrell Mr. Delawne Mr. Perient Trott Original Grrantee r Capt. Ed. Ditch- \ field Mr. Nioholla Mr. Geo. Scott /Mr. Eichard \ Cbamberlaine /Mr. Eichard \ Cbamberlaine Lord Paget Sir W. Cope {by leave from Mr. Caswell Mr. A. Palmer Sir Eobt. Mansell SirEobt.Mansell Mr. Timberley Sir E. Smith Sir John Howard Mr. N. Extou Mr. N. Exton /Mr. Stephen \ Sparrow Mr. Geo. Barkley /"Mr. Gideon \ Delawne Mr. Bishopp Earl of Warwick ("Mr. Eichard \ Cbamberlaine Mr. Hodges Mr.Christr.Burrowes Dr. Guarding /Mr. Francis Wat- "1 \ lington J Mr. E.Maplesden Mr. Fearne Alderman Cotton Capt. Ditehfield 730 SPECIAL INDEX TO APPENDIX XV. Owner or Occupier ■^1 §1-1 Tribe or Locality Of wliom held Original Grantee Waylet, Capt. Wm. 18 A 14 Somerset Island rCapt.Wm.Sayle"| fMr. Richard \ Chamberlaine Weathersby, John 10 2ih Southampton < For me of Mr. } I Waller J Mr. John Bankes Weaverley, Thomas 7 24i Pembroke Sir L. Hyde Webb, W. 16 24 Hamilton Webb, Mr. William 28 49 Southampton Mr. Geo. Scott Wells, Thomas 19 49 Southampton Mr. Perient Trott f Eobert, Earl of \ Warwick Wells, Widow 26 24i Devonshire Mr. Jos. Wiseman [ Mr.Perient Trott" Mr. W. Pahner WeUs, John 20 12 Southampton J In this is the 1 Church and Earl of Warwick Wells, Thomas 24 24i Smith's (_ Churchyard Elyas Flowers Aldermn. Johnson Welman, Martin 37 241 Warwick Capt. Geo. Tucker SirEobt. Mansell Welman, Francis, sr. 12 241 Paget's Mr. A. Pymme Lord Pagets Welsh, John } St. George's, e Governor Wentworth, H. 22 49 Smith's Mr. H. Timberley Wentworth, Hugh 1 24^ Warwick Mr. Wm. Webster Wentworth, Hugh 29 24^ Warwick Mr.Wm. Webster Whettenhall,Capt."l Charles / WhettenhaU,Capt. \ Charles / White, Mr. Nathanl. 20 49 Warwick Mr. Perient Trott Earl of Warwick 19 \n Warwick Mr. Perient Trott Earl of Warwick 2 58 The Overplus The Glebe White, Lieut. Anthy. 17 49 Smith's Lieut, Anthy. White Sir Edwin Sandys White, Lieut. A. 3 241 Southampton Sir T. Smith Whitney, S. U 24i Pembroke Mr. Ward Whittaker, Mr. Ed. 6 14 Somerset Island Mr. Perient Trott | Mr. Perient Trott Mr. A. Cham- berlayne Whittaker, Richard 6 3 Ireland Island Whittaker, Richard 10 7 Hog Bay, Sandy's Mr. Perient Trott Whittaker, R. 6 14 Somerset Mr. P. Trott ("Mr. A. Cham- \ berlaine Wicks, M. 11 2H Hamilton Mr. E. King Wilkinson, Parnell 31 244 Smith's fSir J. Worsen- \ holmes Wilkinson, Parnell 58 25 Tucker's Town Company Wilkinson, Parnell 9 33 Hogg Bay Mr. J. Cuffe Wilkinson, William 20 244 Paget's Capt. P. Lea Mr. T. Church Williams, Capt. Wm. 12 49 Devonshire Mr. Edw. Luckin Willis, Mrs. Ruth 4 25 Hamilton Mr. W. Peazley Willis, Mrs. Ruth 1 3 4 5 25 25 50 25 SO 244 Hamilton Mr. W. Peazley J) Wilson, J. Paget's )r Mr. Wheadey Wingood, John 15 f Smith's Mrs. Hester Sandys Col. E. Sandys Winterflood, John 22 12 Smith's Mr. H. Wentworth ("Mrs. Jane Leay-") Mr. H. Timberley Winwood, Esq., Ed. 33 49 Southampton < craft K L Sarah Hariot J SirEph.Winwood Wiseman, Jos. 26 49 Devonshire Mr. W. Palmer Witter, Lieut. James 36 49 Warwick Capt. Geo. Tucker SirEobt. Mansell SPECIAL INDEX TO APPENDIX XV. 731 Owner or Occupier SCO ■43 A Tribe or Locality OJ wliom held Original Grantee Wood, Mr. Thomas 33 49 Pembroke Mr. Wm. Payne Wood, Thomas 13 14 Somerset Sir J. Harper Mr. J. West Wondale, Mr. 30 244 Paget's Mr. Wells Wright, Ealph i 46 Longbird Island Company Wrighton, William 14 24 Hamilton Wrighton, W. 7 244 Smith's Mr. G. Barckley Wise, Samuel .3 49 Devonshire Mr. L. Ward Mr. Bishopp Yong, Thomas 4 8 Hogg Bay Esquire Basset Young, John 25 241 Smith's Aid. Johnson COMMON LANDS 17 7 Hamilton ^ 34 3 Hamilton 37 20 Hamilton „ 19 12^ Smith's „ 33 124 Smith's „ 8 10 Devonshire ,_ 25 15 Devonshire J 31 15 Pembroke J, 34 10 Pembroke „ 3 16 Paget's „ 16 6 Paget's „ 22 7 Paget's n 34 7 Southampton 35 12 Southampton „ 36 6 Southampton 26 15 Warwick ," 27 15 Warwick " 28 4 Warwick Sandy's none INDEX OF PEESONS THE SECOND VOLUME. ♦ Memters of Council in Bermuda at some period, t Members of the Governing Body in London. ABB A BBIT, William, 569 ». ■il Abbott, Grilian, 632 Abbott, Walter, 64-94, 681 Aberorombie, Eev. Thomas, 153, 175, 177, 208, 661 Ackland, Tho. 653 Adams, Thomas, 29 Adams, William, 649 Ager, Sir Anthony, 666, 683 Aileshury, Earl of, 496 Albemarle, Duke of, 200, 321, 513, 624 Alden, John, 328, 329 Alderly, Mr., 672 Allen, Dorothy, 34 Allen, William, 34, 144, 648 AUeyne, Francis, 42 Allin, Ann, 662 AUin, Thomas, 698 Ambrosius, Signor, 623 Andrews, Pfeter, 484 Anglesea, Earl of, 429, 490 Ansley, Edward, 655 Anthony, Mr., 676, 677 Apowen, or Ap Owen, Ben- jamin, 183 Apowen, George, 183 Apowen, Herbert, 183 Apowen, John, 670 Apowen, Richard, 161, 171, 183, 314, 419, 475, 671 Apowen, Sara, 482 Argent, John, 143, 393, 670 Argyle, Earl of, 660 Arlington, Lord, 326 Arroy, Don Andrew de, 182 Ashe, John, 608 Ashley, Anth. Lord, 200, 320, 363 ; and see Shaftesbury A skew, or Ayscue, Sir George, 67 Askew, John, 393 * Asser, Godheard, 77, 94, 119, 120, 241, 286, 295, 309, 364, 487, 637, 647, 649, 657 Asted, Nathaniel, 239 Astwood, Nathaniel, 628 Atherlie, Abraham, 123 Atkin, Thomas, 604 Atkins, Sir Robert, 172 Atkinson, Samuel, 651 Atkison, Hugh, 183 Atwood, Edward, 658 Atwood, Henry, 690 Atwood, Mary, 142, 154 Austin, Nathaniel, 694 Axon, Jacob, 363, 659 Axon, Roger, 8, 363 Axton, Elizabeth, 461 Axton, Jacob, 649, 658 Aylesbury, Lord, 496 BAILY, Roger, 646 Baker, John, 625 Ball, George, 493, 666, 666 Ball, John, 65 Bankes, John, 700 Banner, Secretary R., 456, 486, 489, 492, 503, 534 Barber, Mr. Gabriel, 14, 59, 897 Barber, Capt. Robert, 341 BBA Barclay, George, 665, 709 Barclay, Robert, 436 Bardwell, Sarah, 92 Bargrave, Capt., 201, 202 Barkeley, Sir W., 200 Barnes, W., 475, 699 Barrington, Thos,, Esq., 416, 608, 540 Bascome Family, 279 Bascome, Capt. George, 121, 125, 138, 194, 279, 492, 500, 512, 536, 551, 656, 560, 690 Bascoyne, Hugh, 212, 686 Basden, Will., 107, 349, 428, 478, 698 Basham v. Lumley, 570 Basse, Thomas, 714 Basset, — , Esq., 711, 713, 716 Bassett, Sarah, 633 Bathe, Earl of, 479, 481, 524 Batson, or Bateson, Matthew, 42, 668 Bayley, Jane, 235 Bayley, John, 70, 161, 249, 672 Bayley, Nicholas, 39, 235 Bayley, Robert, 672 Bayley, Roger, 194 Bayley, Susanna, 161, 249, 630 Bayley, Thomas, 215 Beadle, Samuel, 32, 609 Beake, Abiel, 679 Beake, John, 680 734 INDEX OF PERSONS. BEA Beaucham, Eiohaid, 485, SOI , 511,540 Beaufort, Duke of, 524 Bedford, Countess of, 655, 659, 664 Bedo, John, 215 Bed-well, Elizabeth, 603 Bedwell, Grace, 61-64, 627 BedweU, John, 65, 144, 627, 646 Bee, Capt. John, 517, 618, 547, 662 Bell, Joan, 624 Bell, Thomas, 623 Bell, William, 144, 648 Bendy, Henry, 491 Bennett, Colonel, 41 Bennett, Henry, 227 Bennett, John, 301 Benninge, James, 115 Benson, Mr., 671 Bentham, Jonas, 271 Bentley, John, 216, 696 Berkeley, Bishop, 570 Berkeley, Lord J., 200, 501 * Berkeley, William, 56, 65, 142 Bernard, Capt. J., 649, 660, 672 Besse.Joseph (historian),301, 436 Best, Mr., 675 Besliana, Hanna, 165 Bethell, John, 690 Bickerton, Edward, 46, 672 Bierly, Capt., 154 Bignol, Thomas, 233 Bishe, or Bysshe, 247, 525, 636, 642, 546, 649, 552 Bishop, Henry, 616 Blake, James, 605 Blaythwayt, Mr. W., 471, 488, 627 Bollard, Anne, 686 Bollard, Euth, 686 Bond, George, 494, 495, 496, 498, 603, 507 Bond, John, 170 Bond, Martin, 698 Bond, Eev. Sampson, 172, 174, 177, 207, 262, 277, 280, 289, 317, 319, 329, 334. 336, 368, 369, 460, 483, 500, 506, 520, 526, 561, 666, 561, 639, 678 Bonneille, or Bonnel, 592 Bosoombe, George, 690 Boscowen, Hugh, 212 Bostock, or Bostmck, Thoe., 182, 670 Boughton, Lady, 498, 502 Bowen, Anne, 424, 602, 603 Bowen, Benjamin, 675 Bowen, Eiehard, 603 Boyfield, Mary, 99 Brackley, or Brocklie, Ed- ward, 56, 144, 194, 609, 647,666,668 Brackley, Mary, 56 Bradshaw, Jacob, 618, 668 Bragg, Thomas, 244 Braugman, Edward, 144, 194, 623, 648 Brangman, Elizabeth, 603, 623 Brangman, Samuel, 462, 499, 559, 667, 648 Brayne, Capt. H., 298 Bredcake, Capt., 303, 309, 326, 362 Brereton, Thomas, 77, 175, 194, 199, 207, 307, 414, 635, 689 Breton, John, 699 Bridge, Tobias, 119 Bridges, Mr., 54 Bridgewater, Earl of, 429, 479, 481, 490, 524 Bridgman, Sir Orlando, 162 Briggs, James, 310, 317 Bristowe, John, jun., 267, 291, 369, 374, 407, 426, 445, 449, 456, 462, 493 Bristowe, John, sen., 120, 139, 143, 149, 181, 197, 210, 226, 260, 267, 309, 419, 449, 466, 468, 493, 646, 647 Bristowe, Katherine, 626, 629 Brother, Michael, 629 Browerton, Thomas, 609 Browne, John, 61, 161, 215, 651 Browne, Eiehard, 102 Browne, Eev.Eobert, 68, 82, 97, 100, 122, 136, 163 Browne, Eoger, 646 Browne, Eev. Thomas, 48, 92, 208 Browning, Mr., 370, 700 Browninge, James, 123, 195, 213 Browninge, John, 370, 420, 491, 601, 511 Bryan, Stephen, 700 Bryerley, Mr., 679 Buckleman, Mr., 19 Budd, Dorothy, 611 Budd, Thomas, 675 BTS Bull, Daniel, 188 Bull, David, 172 Bullard, Daniel, 439, 441, 680 BuUen, or BuUeyne, George, 460 Buller, Anne, 612 Buller, Daniel, 612 Bullock, Patience, 460 Bullock, Stephen, 436 Bullock, William, 32, 460, 692, 696 Burch, Elizabeth, 612 Burch, Jonathan, 710 * Burch, John, 266, 502, 606, 635, 710 Burch, Enbert, 703, 711 Burch, William, 217, 364, 462, 475 Burcher, Eobert, 1 44, .648 Burgess, or Burgis, Edward, 710 Burgess, Thomas, 77, 374, 661 Burghill, Mr. Francis, 186, 514, 525, 626, 536, 639, 664 Burr, Jonathan (reader), 77, 131, 135, 147, 162, 175, 177 Burrell, Capt., 518 * Burrowes, or Burroes, Christopher, 163, 170, 194, 242, 296, 309, 364, 462, 475, 502, 512, 635, 637, 680, 709 Burrowes, Ellen (1), 147 Burrowes, Mrs. Ellen (2), 545, 603 Burrowes, Jpremiah, 332, 475, 538 Burrowes, John, 476 Burrowes, Michael, 67, 151, 263, 462, 538, 635, 649, 660, 661 Burrowes, Thomas, 38, 609 Burrowes, Zachariah, 650 Burt, John, 621 Burton, Michael, 475 Burton, Eobert, 679 Burton, Samuel, 453 Buscamenta, Don Pedro de, 184 Butler, Goody, 608 Butler, Jacob, 109 Butler, Capt. Nathaniel, 683, 586, 688 Butterfield, Nathaniel, 538, 711 Bysshe, H, see Bishe. INDEX OF PERSONS. 735 CAN riANNON, Mr., 659 ^ Canter, Capt. Christo- pher, 650, 662 Capell, Sir Henry, 479 Caresie, Thomas, 364 Carfoot, Thomas, 485 Carlisle, Earl of, 429, 51 3 Caron, William, 367 Carter, Elizaheth, 227, 374, 376, 379, 434, 453 Carteret, Sir George, 200, 321, 429, 513 Caston, John, 690 Caswell, Richard, 647, 650, 682 Cavendish, Lord W., 479, 673 Cawker, Ji'hn, 663 Cawley, Thomas, 664 Caxon, Mrs. W., 150, 215 Chaddocke, Capt. Philip, 9, 13, 84 Chaloner, Alderman, 489, 526 Chamberlaine, Richard, 700, 710, 711 Champlain, Sieur de, 572 Chandler, John, 310, 347, 420, 485, 501, 540 Chandler, Richard, 79, 84, 93, 123, 310, 347, 370, 485, 491, 501, 540, 686 Chaplin, Edward, 242, 364, 695 Charles I., 88 Charles II., 49, 225, 512, 524, 541, 679 Charon, William, 700 Chesterfield, Earl of, 496, 524 Choaker, Robert, 62 Christian, John, 149 Church, Thomas, 688 Clarendon, Earl of, 199, 624 Clarke, Elizabeth, 367 Clarke, Robert, 244 Clarke, Samuel, 172 Clarke, Thomas, 677 Clayton, Robert, 611 Clemence, PhUip, 99 Cliff, John, 69, 697 Clinch, Thomas, 651 Clitheroe, Christopher, 698 Coates, or Cotes, Bartholo- mew, 140, 673 Coates, Mary, 249 Cobeson, or CobsoD, Eliza- beth, 625, 626 Cobeson, Thomas, 626 Cole, Daniel, 710 Cole, Robert, 630 Cole, Susan, 630, 631 Coleman, Bernard, 75, 77, 710 Coleson, or Colson, John, 65, 631 Coleson, Mary, 629 Colleton, Sir John, 200 Colleton, Peter, 321 Colleton, Thomas, 321 CoUins, Jer., 152 Collins, Thomas, 662 Colsun, Rachel, 482 Coney, Colonel, 616, 617, 521, 627, 536, 543, 644, 552, 559, 565, 568, 632 Coney, Mrs., 552, 653 Conway, C'tptain, 547 Couyers, Nathaniel, 618, 619, 664 Cooke, Mrs., 675 Cooper, Thomas, 476, 700, 708 Cooper, William, 171 Cope, Sir William, 691 Copeland, Rev. Patrick, 9, 12, 72, 188, 663, 688 Coresey, Jane, 224 Cork, Capt., 517 Cotton, Alderman, 685 Coulson, Aaron, 440 Coursby, or Coursy, Dame, 617, 622, 626 CoveU, Capt., 649, 661, 662 Coventry, H, 429, 481 Coverley, Humphrey, 632 Cox, John, 673 Cox, Joseph, 475 Cox, Mrs. Martha, 54, 649, 660 Cox, Roger, 32 Cranfield, Sir Lionel, 682 Craven, William, Earl of, 200, 321, 429, 524 Crockford, Charles, 670 Crockford, Margaret, 629 Crofts, Gunner John, 76 Crofts, Thomas, 625 Cromwell, Oliver, L.P., 113, 125 Cromwell, Richard, 106, 1 14, 125 Crooke, Mr. Thomas, 437 Croome, David, 152 Croskeyes, Thomas, 668 Crosse, John, 31 Crow, John, 493 Cuffe, John, 707, 710,712,714 Culpepper, Lord, 508 Cumber, Christopher, 677 Curtise, 112, 113 Custis, Edmund, 340, 349 DIL DANDO, Marmaduke, 32, 702 Dandy, Henry, 420, 485, 601, 511 Danvers, Sir John, 20, 23, 164 Darley, Mr., 24 Darrell, Hon. J. H., 266, 304, 540 Darrell, or Dorrell, John, sen., 67, 77, 85, 100, 142, 148, 157, 228, 237, 242, 244, 281, 286, 291, 296, 302, SO'J, 312, 320. 369, 437, 482, 637, 678, 691, 697, 698, 699 Darrell, John, jun., 462 Darrell, Joseph, 500, 612, 536 Divers, St. John, 710 Davis, Randall, 648 Dawes, Abraham, 700 Dawes, Anne, 675 Dawes, William, 655, 700 Day, George, 213, 358, 448 Day, John, 213, 649 Deane, William, 291 Deards, Nathaniel, 199 Deareham, see Durham Delawne, Gideon, 675 Delbridge. John, 649, 667, 659, 663, 711 Demmicom, Thomas, 690 Denicombe, Sarah, 615 Denicombe, Thomas, 617 Dennys, Mr., 680 De Poincy, 230 De Ruyter, Admiral, 226 Desborough, see Disbrowe Devenish, or Denish, 656 * Devitt, John, 66, 67, 115, 138, 170, 195, 694, 696, 697 Devonshire, Countess of, 79 Devonshire, Earl of, 79, 209, 673 Dickenson, John, 538 Dickenson, Robert, 6, 65, 58 365, 703 Dickeson, or Dickenson, Francis, 453, 462, 564 Dickeson, John, 475, 568 Dickeson, Robert, 239, 303, 309, 315, 359 Digges, Sir Dudley, 652, 664 Dikes, John, 649, 667, 674 Dill, Gilbert, 77 DiU, Lawrence, 239, 375, 538, 660, 562, 867 736 INDEX OF PERSONS. DIL Diller, William, 180, 696 Disbrowe, Major-General, 82, 84, 85, 87, 94 Ditohfield, Edwaid, 674 Dobbs, Eoger; 673 Dobson, Humphrey, 680 Dongan, Eobert, 164 Dorrell, see Darrell Dorset, James, 693 Dorwood, Joseph, 113 Doulson, Mr., 370 Do-wding, Eev. W. C, 670 Downeham, Neptuna, 133 Downing, Benjamin, 675 Downman, Rob., 224 Draper, Mr., 679 Duinge, Samuel, 223 Dunsoombe, Hannah, 678 Dunsoombe, Philip, 52, 280, 689 Dunseombe, Samuel, 128, 682 Dunsoombe, Thomas, 611 Durham, Elizabeth, 188, 701 * Durham, Captain Henry, 188, 295, 309, 315, 351, 377, 398, 434, 437, 492, 497, 514, 517, 536, 544, 632, 638, 701 "PARNLE, Sir John, 479, J^ 481 Eastlake, Robert, 678. See Estlake Edwards, Bryan (historian), 390 Edwards, John, 682, 683, 711 Edwards, Rev. William, 307, 317, 368, 374, 403, 416, 525 Eisebergh, Capt. C, 149 Ellis, Thomas, 676 Elwick, John, 228, 677 Elwick, Launcelot, 158 Ely, Asa, 112 Ely, Nicholas, 613 England, Capt., 563 Englesbie, 364 Esmond, George, 45 Essex, Earl of, 479 Estlake, Eastloek, or Islake, Francis, 137, 228, 2 13, 260, 256, 460 Erans, Cornelius, 646 Evans, Dame, 622 Evans, Edmund, 463, 462, 704 Evans, Edward, 194, 710 Evans, Joseph, 704 Evans, Lewis, 216 Ewers, Jeremy, 692, 696 Exton, Nicholas, 692 "PALCONBRIDGE, Vis- -L count, 479, 481, 524 Ealkner, or Faulkner, John, 305, 326, 634 Farmer, James, 270, 409, 475 Farmer, John, 416 Farmer, Thomas, 608 Farrar, or Ferrer, John, 21, 59 Farrar, Nicholas, 43, 593 Farrar, Virginia, 59, 597 Feamea, Capt. Henry, 232 Ffarnell, Ffrancis, 679 Ffarrer, Mr., 681 Ffaucet, Mr., 671 Ffearne, Mr., 680 Ffelgate, or Ffolgatt, Will., 370, 694 Ffenner, Mrs., 686 Ffletcher, Mr., 675 Fforster, Thomas, 687 Ffowers, Eljas, 669 Fiennes, Lord, 106 Finch, Daniel Lord, 416, 429, 445, 501, 508 Flaieke, Francis, 64 Flaxman, James, 457 Fleetwood, Lord of Council, 106 Force, Anne, 364 Force, Peter, 59 Ford, or Foord, Elizabeth, 613 Ford, Henry, 475, 613, 678, 681, 691 Forester, 424 * Forster, or Fforster, Capt. Josias, 1, 2, 10, 12, 16, 19, 20, 32, 34, 38, 41, 46, 60, 57, 72, 86, 97, 99, 116, 124, 127, 192, 601, 609, 713 Forster, Madam, 52, 73, 622 Forster, Thomas, 6, 475, 536 Foule, Rev., 644 Fowle, or Ffool, Rev. John, 416, 520, 625, 560, 643, 644 Fox, George, 312 Fox, John, 19, 56, 92, 94, 139, 493, 649 Foyle, James, 492 GOU Francis, Jonathan, 494, 495, 496, 498, 503, 607 Franklin, Martha, 632 Franklin, Richard, 632 Frith, Lazarus, 475 Frith, Miles, 211 Frith, alias Turner, Goody, 39 FuUwood, John, 499, 504 Funge, Giles, 86 GALLS, John, 546 Gapliu, Dorothy, 218, 618 Gaplin, Thomas, 618 Gardiner, Jeane, 602 Gardiner, Ralph, 602 Garfoote, or Garibrth, Thomas, 501, 640 Garret, George, 289 Garroway, Thomas, 29, 676 Garway, Sir William, 685 Gaud, Mr. Daniel, 93, 123, 696 Gaunt, Henry, 30 Gearing, John, 660 Gerard, Sir Francis, 487, 540 Gerard, Sir Gilbert, 283, 284, 309, 361, 434, 450, 473, 485, 487, 489, 490, 507, 640 Gibbons, James, 665 Gibbs, Thomas, 638 Gilbert, Elizabeth, 629 Gilbert, John, 316, 374 Gilbert, Richard, 476, 638, 666 Gilpin, John, 424 Godet, Dr. Theodore, M.D., 670 Godolphiu, Mr., 524 Goffe, 560 Golding, James, 203, 211 Golding, or Goulding, Per- ceval, 61, 64,58, 123, 131, 148, 156, 161, 163, 177, 188, 606, 671 Golding, Rev. William, 9, 14, 69, 597 Gondomar, Count, 21 Goodale, Edward, 710 Goodfaith, Dame, 626 Goodfaith, Joseph, 29, 143, 646 Goodson, Admiral, 98 Goodwin, Chinirgeon, 159 Gore, Robert, 711 Gorges, Sir Ferdinando, 513 Goulding, see Golding INDEX OF PERSONS. 737 GOU Gourdou, Dr. Aaron, 42 Gove, William, 526 Grant, Mr. John, 78, 678 Graves, "William, 195, 213 Grazbury , or Grasbury, Edw. , 217, 666, 665 Grazbury, James, 651 Grazbury, John, 648 Grazbury, Timothy, 220 Great batch, Judith, 29 Greatbatch, Eoland, 29 Greene, Mr. S. A., 59 Greene, "Will., 538, 668 Greenleafe, Thomas, 710 Greenwell, Mr., 662 Greenaway, William, 77, 195, 686, 696 Griffin, Thomas, jun., 161, 163, 194, 263, 289 Griffin, Thomas, sen., 32, 77, 128, 130, 153, 162, 666, 691 Grimsditch, Jane, 197, 594 Grimsditch, Thomas, 694 Grobham, Sir Eichard, 688, 690 Guarding, Dr., 686 Guise, William, 148, 658 Gwin, or Gwyn, Francis, 607, 612 Gwin, Thomap, 234, 238, 263 HALL, Bishop, 640a Hall, Deborah, 657 Hall, Henry, 61 Hall, John, 38, .56 Hall, Joseph, 666 Hall, Thomas, jun., 475,711 Hall, Thomas, sen., 54, 475, 656 Hall. William, 180, 188 493 Halliwell, James 0., 573 Halsey, Jamos, 665 Halsted, John, 710 Hamilton, Marquis of, 656 Hamond, Grace, 111 Handcocke, Charles, 625 Hanger, Richard, 683 Harbert, Richard, 65 Hardie, John, 341 Harding, Henry, 144 Harding, Hugh, 648 Harding, Symon, 46 Harding, Thomas, 236 Harmon, James, 32 Harmon, Sarah, 633 Harnett, John, 603 Harper, John, 116, 710 VOL. II. Harrar, Samuel, 711, 713 * Harriot, John, MS., 1665, 674 Harriot, William, 714 Harris, Margery, 711 Harris, Ralph, 690 Harte, Anne, 163 Harte, Thomas, 696 Hartlan, Louis, 126 Hartlan, Thomas, 128 Harvey, Henry, 667 Harvey, Humphrey, 32, 101, 267, 428, 655, 656 Harvie, or Harvey, Henry, 462, 463, 476, 538 Harwar, Samuel, 123, 195 Harwood, Sir Edvf., 665, 700 Harwood, Leonard, 700 Hatchett, Thos., 656 Hawes, Mr. Nathaniel, 42, 659, 660 Hawkes, Richard, 62, 664 Haynes, William, 66, 629, 658 Hayward, Mr., 675 Helyn, John, 655 Henley, Captain, 550 Herbert, Anthony, 105 Herbert, Capt. Richard, 17, 676 Hewet, Sir Thomas, 705 fleydon, Jerome, 709 Heydon, Sir John (before appointment), 93, 101, 107, 123, 156, 166, 181, 210, 213, 268, 281, 709, 714, 716; (as Governor), 285, -287, 292, 294, 299, 300, 302, 310, 318, 331, 336, 346, 361, 363, 364, 367, 381, 384, 391, 408, 434, 437, 451, 457, 458, 462, 492, 494, 495, 499, 634, 637; (after retire- ment), 605, 507, 610, 520. 524, 525, 667 Heyes, Thomas, 62 Hide, Nicholas, 678, see Hyde Higgins, Sir Thomas, 660 Higgs, Miles, 648 Higgs, Thomas, 39, 142, 144 Hill, Daniel, 438 Hill, Mr. Gilbert, 67, 98, 609, 694 Hill, James, 506 Hill, John, 438 Hill, Neriah, 438, 464, 493, 716 3 B HUN Hilton, Thos., 144, 609, 648, 702 Hinde, John, Lieut.-Col., 195, 666, 688, 689 Hinshman, Edward, 436 Hinson, Cornelius, 475, 538 Hinson, Edward, 66, 67, 711 Hobson, Margery, 662 Hodges, Mr., 680 Hole, Robert, 54 Holland, Cornelius, 41, 164, 190, 688, 690,698 HoUoway, Hannah, 646 Holman, Mr., 681 Holmes, or Homes, Anne, 618 Holmes, Edward, 620, 695 Holmes, Elias, 305, 634 Holmes, William, 72, 143, 620 Holt, Thomas, 630 Homers, Thomas, 608 Homes, Will., 143 Hon, Nicholas, 629 Hooker, Sir Jos. D., 454 Hooper, Rev., 14, 118, 208, 601,603? Hopkins, Henry, 614 Hopkins, Jane, 624, 627 Hopkins, Mary, 615, 617 Hopkins, Matthew, 601 Hopkins, Morris, 690 Hopkins, Samuel, 679 Hopkins, Thomas, 183 Hornsby, Giles. 656 Hotham, Rev. C., 307, 317 Houton, William, 234 Howard, Sir John, 699 Howard, Colonel T., 165 How,. Nicholas, 688 How, Thomas, 493 Howe, Alice, 26 Howe, Nicholas, 25 * Hubbard, George, 39, 121, 210, 217, 242, 277, 281, 286, 303, 309, 364, 475, 649, 668, 673 « Hubbard, John (Sheriff), 161, 210, 241, 242, 330, 356, 364, 377, 393, 398, 434, 437, 463, 458, 462, 492, 504, 505, 609, 612, 618, 536, 556, 567, 632, 652, 657, 668 Hubberthorne, R., 312 Hudson, Joseph, 39 Huett, John, 215 Hughes, Eev. Lewis, 577 Hunt, Richard, 94, 194,281, 702 738 INDEX OF PERSONS. HUN Huntingdon,- Earl of, 624 Hunton, Dr. Anthony, 696 Hurst, Robert, 713 Hurt, John, 76, 646, 618 Hussey, Christopher, 123, 195 Hutchings, or Huehins, John, 136, 487, 492, 497, 308 536, 567, 691 Hutchings, Thomas, 184 Hutchings, "William, 183 Hutchinson, William, 676 Huth, Mr. H., 576 Hyde, Sir Lawrence, 678 TNGHAM, John, 678 -'- Inglesby,Jarvis, 271, 704 Inglesby, Nicholas, 704, 705 Inglesby, Serjeant, 115 Inglis, Dr. J. (Bishop of Nova Scotia). 79 Islic, Islake, or Islock.Eobert, 678 Islic, Francis, 689. Set Estlake Isocrates, 466 TACKSON, Captain "W., " 154 Jacobson, Jack, 271, 680 James L, 87, 88, 466 James II., 543, 641 James, see York, Duke of Janneye, John, 567, 568 Jauncey, or Jansey, James, Jauncey, John, 538 Jeffrey, G. (Chief Justice), 614, 566 Jeffries, Eiehard, 183, 215 Jenkins, Secretary of State, 491, 496, 524 Jenkins, Capt. John, 68, 101, 103, 153, 166, 212, 221, 286, 306, 327 Jennings, or Jennyns, Ann, 669 Jennings, John, 398, 475 Jennings, Capt. Eiehard, 6, 7, 10, 38, 39, 54, 66, 78, 81,162,196,262,281,303, 369, 476, 666, 609, 648, 663, 668, 703 Jennings, Thomas, 65 Jenour, Anthony (Secretary), 39, 77, 97, 119, 627; (Sheriflf), 329, 364, 393, 397, 434, 437, 484 Jenour, Elizabeth, 458, 617, 626 Jessop, William, 42 Jobson, William, 694 Joell, Eiehard, 143 John, ' a Scot,' 46 Johnson (schoolmaster), 37 Johnson, Capt. Daniel, 60. 461 Johnson, Hammond, 263. 293, 680 Johnson, John, 8, 685 Johnson, Alderman Eobert, 669 Johnson, Thomas, 160, 679 Johnston, or Johnson, Ed- waird, 462, 476, 500, 638 Jones, Lieut. Arthur, 143, 274, 302, 303, 449, 466, 492, 512, 519, 538, 559 Jones, George, 692 Jones, Henry, 32, 682 Jones, John, 393 Jones, Mary, 661 Jones, Philip, 41 Jones, Eiehard, 46, 660, 673 Jones, Colonel W., 94, 106, 114, 119 Jones, William, 462, 567, 661 Josephus (ehirurgeou), 168, 217 Joyner, Anthony, 119, 568, 662 JoynOT, see Jenour EEELE, or Keile, William, 462, 475, 510, 566, 660, 668, 700 Kelsey, Lieut.-Colonel, 41 Kemball, or Kemble,Thomas, 188, 701 Kempe, John, 680 Kennick, Boden, 714 Kennish, Anne, 218 Kerrell, John, 698 Kersey, Thomas, 699 Kestawen, Eobert, 32, 77> 609 Kettleby, John, 692 Killigrew, Henry, 164 KING, see Charles, James. King, Ealph, 668 Kittleburroe, Eiehard, 215 Knapton, see Napton. Knightley, Mr., 662, 674 I Knowles, Damon, 55, 703 | LTD T AMBEET, Lord of Coun- ■'-' cil, 94 Lancton, William, 609 Landy, Eobert, 307 Langham, 652 Laragan, James, 116 Lauderdale, Earl of, 479, 481 Laurence, Joseph, 305 Laxford, Thomas, 457 Lea, Christopher, 95, 692 Lea, Copeland, 536, 660 ^ * Lea, Capt. Philip, 55, 56, 69,77,83,84,86,101,104, 119, 123, 142, 166, 188, .289, 290, 364, 418, 687, 688 Lea, Eiehard, 689 Leach, Thomas, 166, 182, 305, 459, 634 Leacraft or Leycraft, Jane, 705 Leacraft, Eiehard, 289, 705 * Leacrafr, Thomas, 26, 309, 365, 378, 388, 398, 437, 487, 705 Leavers, Mr., 678 Lee, John, 182, 566 Legay, Isaac and Peter, ]09, 110 Lemau, George, 143, 316 Letten, Nathan, 358 Leventz, Sir Cresswell, 490 Leybourne, John, 698 Lilborn, Colonel, 550 Limbrey, Capt. John, 67, 81, 88, 91, 103, 104, 162 Lincay, Thomas, 98 Lindith, or Lyndith, William, 32, 115, 609 Lindy, William, 686 Lockyer, Capt. Eiehard, 77, 86, 112 Loe, John, 129, 215 Low, Matthew, 660 Long, John, 672, 673 Long, Mary, 217 Longson, 95 Longstone, David, 673 Longstone, Jonathan, 239, 673 Longstone, William, 673 Lotryll, Thomas, 475 Loudon, H., 496 Love, Anthony, 626 Love, Thomas, 157 Luckin, Edward, 673, 675 Lun, Elizabeth, 617, 622 Lun, Peter, 606 Lydall, John, 649 INDJEX OF PERSONS. 739 MAC MACAEATON, or Makara- ton, John, 604 Maceny, Don de, Bart., 182 Maokinnie, Matthew, 139, 140, 215 Maclarie, Daniel, 140 Male, Anne ; and see Maye, 183 Mallory, Dorothy, 629, 708 Mallory, Edwin, 632 Mallory, Horatio, 52, 94, 104, 119 Mallory (coloured), 292 Man, James, 625 Manchester, Earl of, 122, 155, 156, 188, 209, 210, 245, 283, 310, 331, 410, 415, 486, 609 Mandeville, Viscount, 59, 697 ManseU, Sir Eobert, 223, 697 Mansfield, John, 223 Maplesden, Richard, 695 Marrow, Daniell, 651 Marsh, Capt. Giles, 263 Marsh, Katherine, 143, 629 Marten, or Martin, Thomas (Secretary), 82, 93, 101, 126, 128, 138, 169, 199, 202, 204, 205, 211, 247, 268, 273, 275, 304, 322, 323, 332, 360 Martin, John, 697 Martin, Justinian, 77 Martin, Mr., 681 Martin, Dr. Richard, 162 Matalin, Richard, 710 Mathalin, Richard, 469, 538 Matthias, Gabriel, 645 Maupertius, 422 Mayericke, Rev. S., 289 Maye, Anne, 182 Maye, Joshua, 222 Maye, Susanna, 48 Matson, Eobert, 492 JMekinney, John, 216 Mellim, Mr., 710 Meredith, John, 491 Meredith, Thomas, 640 Mereweather, Samuel, 263 Merrick, Richard, 713 Merritt, Edward, 478 Merritt, Richard, 239 Melborne, W., 638 Meverell, Francis, 696, 698 Meverell, Humphrey, 310, 347, 418, 420, 501, 611, 640, 692 Michael, Charles, 698 Michael, John, 658 Middleton, Edward, 631, 646 Middleton, Elizabeth, 603, 607 Middleton, Lord, 666 Midleton, John, 41, 64, 604, 610 Midleton, Capt. Lewis, 465 Midleton, Solomon, 475 Milbourne, or Milborne,Wm., 247, 363, 420, 437, 460, 464, 509, 616, 642, 546 Milbourne, Joseph, 545 Mill, or Mills, John, 119, 646 Miller, Mr. John, 26, 53, 609, 659 Miller, Mrs., 65, 628 Mills, Nathaniel, 316 Milner, John, 77, 120, 126, 138, 649, 658 Milton, John, 669» Minge, David, 1 43, 379, 631 Minors, Jacob, 48 Minors, William (Secretary), 172, 370, 407 Modarie, John, 139 Monmouth, Duke of, 560, 563 Moore, or More, Alice, 610, 618, 622 Moore, Henry, 68, 476, 609, 637, 681, 683, 688, 690 Moore, Jacob, 280, 619 Moore, John, 649 *Moore, Joseph, 133,138,143, 144, 262, 281, 651 Moore, Richard (Governor), 677, 581 Moore, Thomas, 72, 113, 621, 697 Moore, William, 97, 651 Moorer, or Morer, Richard, 703 Moraie, Daniel, 168 Mordaunt, John, 26, 35 Morgan (Buccaneer), 636 Morgan, Anne, 74, 703 Morgan, Edmund, 105 Morgan, Henry, 76 Morgan, John, 128, 133 Morgan, William, 476 Morley, Capt. Thomas, 265, 275, 304, 306, 327, 634 Morris, George, 171 Morris, John, jun., 475 Morris, John, sen., 476, 662 Morris, Matthew, 625 Morris, Richard, 676 Morris, Tomasine, 160, 171 3 B 2 NOK Mountaine, Mary, 183, 649 Mulgrave, Lord of Council, 106 Murphy, Hon. H., 341 Murray, see Moraie Murrill, Thomas, 303, 611, 686, 687, 704 "NTAILOE, Elizabeth, 650 -'-' Naptou, or Knapton, John, 664 Nash, George, 687 Nash, John, 686 Nash, Joseph, 263 Nash, Matthew, 61 Nash, WiUiam, 600 Neill, E. D., 692 Nelme, John, 697 Nelmes, William, 115, 137 215, 609, 698 Neuman, Nathan, 170 Newbold, James, 64, 220 Newman, Elizabeth, 128 Newman, Josias, 128, 677, 678 Newman, William, 651 Newnam, Jos., 677, 678 Newton, Samuel, 475, 664 Nicholas, Edward, 144 Nicholas, John, 481, 496 Nichol, John, 242 NichoUs, Edward, 1 62 Nicholls, John (Sheriff), 179, 181, 195, 197, 205, 2W'3, 2i9, 242, 267, 303, 647, 689 Nicholls, William, 674 Noden, Hugh, 310, 420, 464, 485, 500, 601, 640 Noel, Martiu, 119 Noiiart, Mons. de, 564 Norincot, Thomas, 696 Norman, Edward, 714 Norman, Matthew, 646 North, Samuel, 714 North, Christian, 270, 630 North, Nathaniel, 144, 651, 664 North, Samuel, 714 Norwood, Andrew, 426 Norwood, Matthew, 401, 416, 459, 483, 492, 496, 619 » Norwood, Richard, 3, 6, 13, 29, 39, 49, 61, 63,58,116, 120, 123, 127, 129, 131, 136, 141, 148, 149, 155, 177, 211, 229, 262, 254, 264, 281, 283, 309, 331, 422, 609, 627, 665, 682 7-10 INDEX OF PEESONS. KOR Norwood, Mrs., 629 Nottingham, Earl of, 524, 542 Noy, , 487 GATES, Titus, 463 Offley, Eobert, 659 Olderhead, , 143 Ormond, Duke of, 429 Otwood, see Atwood Outerbridge, Chief Justice, 633 Outerbridge, Thomas, 457, 538, 551, 560, 667 Outerbridge, William, 660, 661 Owen, ap, see Apowen Owen, Evan, 653 Owen, Lazarus, 653 Oxenbridge, John, 42, 68 Oxford, Sarah, 552 PACKWOOD, Thomas, 668 Page, Elizabeth, 624, 627 Page, John, 157 Paget, Lord, 687 Painter, or Paynter, John, 475 Painter, Capt. Stephen, 13, 24, 26, 63, 55, 66, 66, 94, 111, 119, 120, 124, 127, 134, 601, 607, 609, 627, 704 Palmer, William, 676, 677, 687 Parker, Thomas, 685 Parker, Walter, 113 Parkers, Henry, 606 Parr, George, 223 Parrett, Thomas, 225 Paskow, Henry (Marshal), 92, 100 Paskow, Margery, 73, 626, 629 Paulson, Richard, 696 Payne, Barthol., 703 Payne, Eobert, 664 Payne, William, 683 Peade, Edward, 42, 418 Pearman, Edward, 388 Pearse, Eichard, 263, 705 Peaseley, or Peazley, Mary, 419 Peaseley, William, 263, 302, 314, 369, 655, 666 Peokhard, Dr. P., D.D., 21 Pemberton, C. J., 541 Pembroke, Earl of, 679 Peniston, Anthony (1), 56, 62, 67, 126, 130, 144, 153, 194, 196, 407, 437, 478, 676 Peniston, Anthony (2), 93 Peniston, Edward, 6 Peniston, Richard, 538 Peniston, Thomas, 627 * Peniston, William (1), 195, 210, 242, 270, 354, 389, 393, 409, 434, 462, 500, 525, 542, 551, 554, 569, 666, 662, 664, 666 Peniston, William (2), 364 Penn, General William, 98, 513 Penny, James, 563 Pensax, Capt. Samuel, 307, 311, 341 Perenchief, John, 656, 688, 708, 709 Pert, Miles, 39 Peterborough, Earl of, 524 Peters, Hugh, 85, 561 Peterson, Cornelius, 238 Pett, W., 455 Phillips, Eichard, 567 Phillips, William, 99 Phipps, Captain, 548, 552 Pimme, see Pymme Pinder, Timothy, 223, 666 Pinder, Eichard, 132 Pitcher, Lawrence, 39 Pitman, John, 150, 679 Pitt, Josias, 476, 489, 494 * Pitt, William, 8, 263, 427, 538, 567, 668 Place, John, 629, 649, 662 Place, Seth, 223 Pledger, Elias, 172 Plummer, Thomas, 194, 676 Poade, Edward, 8, 42, 60, 84 Pointal, EeT., 14 Poison, or PoUson, Mr. E., 662, 696 Port, Dame, 617, 626, 629 Porter, Judith, 314 Potter, Christopher, 559, 563 Potter, Martin, 677 Potter, Eichard, 390, 679 Powell, Dame, 626, 629 Powell, Eobert, 39, 65, 73, 74, 168, 270, 606, 646 Powell, William, 442 Powle, H., 481, 490 Preston, Captain B., 13, 54, 154 Pridden, Matthew, 690 Pridden, or Priddon, Peter, 243 EIC Priddenson, Nathaniel, 115 Priestley, Eobert, 607, 710 Prince Eupert, 479, 612 Prince, Eev. Thomas, li'i Prudden, Peter, 538 Prynne, Geo., 42 Pulford, Eobert, 32, 67, 606, 609 Pulford, Mrs., 622 Puncher, Walter, 215 Pymme, Alexander, 679, 685, 687 Pym, or Pymme, Charles, 358, 685, 687 QUICK, Mr., 658 RADNOE, Lord, 481, 496 Ealeigh, Sir Walter, 571 Eamsbottom, J., 180 * Eawlings, John, 75, 77, 84, 94,106,116,147,210,262, 281, 383, 364, 462, 628, 693 Eeade, Mr., 52 Eedmon, John, 148 Eeece, William, 538 Eeeves, John, 540 Eeighton, Sibella, 166, 668 Eeighton, William (1), 66, 68, 70, 77, 86, 99, 122, 162, 165, 202, 247, 261, 311, 359, 419, 436, 487, 514, 615, 518, 525, 551, 564, 861 Eeighton, William (2), 359, 374, 453, 484, 491 Eighton, or Eeighton, John, 140, 151 Eeighton, Stephen, 470 Eener, Elizabeth, 617 Eener, William, 24 Reynalds, Ezra, 451 Eeynalds, John, 143 Eeynholds, Margaret, 664 Eichards, John, 628 * Eichards, Thomas, 61, 62, llfi, 120, 121, 129, 133, 138, 210, 223, 242, 303, 360, 387, 419, 651, 869, 677, 704, 705 Eichardson, Eev. Alex., 292 Eichardson, Eichard, 112, 113, 678 Eichardson, Eobert, 467 Eiche, or Eich, ColonelNath., 41, 894 INDEX OF PERSONS. 741 EIC Eiohe, Sir Nathaniel, Kt., 122, 594:, 701, 705, 706 Biohe, Eobert, 574 Rivers, John, 94, 104, 242, 364, 462, 654 Eivers, Mary, 363 liivers. Miles, 94, 242, 363 Eoberts, Elias, 42 Eoberts, John, 652, 675 Eobesin, , 143 Eobinson, Sir Eobert, 517, 568 Eobinson, Solomon, 263, 434, 436, 453 Eobinson, Thomas, 710 Eobinson, Widow, 617 Eochester, Earl of, 524, 566 Eoe, David, 675 Eose, George, 132, 133, 137 Eosyer, Bartholomew, 679 EouB, Anthony, 126 Eowe, Isaac, 58, 61 Eowe, Colonel Owen, 23, 24, 42, 56, 61, 84, 85, 87, 128, 164, 285, 655, 666, 679 Eudyard, Sir Benj., 78, 678 Eupert, see Prince Eupert Euyter, Admiral de, 226, 232 Eyder, Eobert, 685 Q AINSBUEY, Mr. Noel, 12, ^ 6404 St. John, Henry, Esq., 416, 408 St. Stephen, Oonde de, 184 Salters, Erancis, 679 Salwey, Mr., 24 Sampson, Francis, 110 Sanders, Nathaniel, 547 Sanders, John, 215 Sanders, Eich., 188, 681 Sanders, William, 188, 215 Sandys, Chauncy, 147, 009, 66.J, 666 Sandys, Colonel, 666 Sandys, Sir Edwin, 666, 709 Sandys, Henry, 270 Sandys, Mrs. Hester, 666, 708, 709, 713, 716 Sandys, Colonel Richard, 708 Saunders, Sir Edmond, C.J., 641 Saunders, John, 29 Saunders, Nathaniel, 547 Sawyer, Arthur, 675 Sawyer, Sir Eobert, 5 12, 613, 525 Sayle, James, 214, 223, 316 Sayle, Nathaniel, 169, 235, 289 Sayle, Thomas, 108, 133, 180 *Sayle, William (Governor), 86,110,112, 113,116, 117. 119, 124, 127, 134, 138, 140, 146, 146, 149, 160, J 62, 155, 160, 168, 177, .80, 182, 185, 195, 241, 242, 262, 277, 281, 302, 303, 638, 669, 681, 700 Scott, George, 703, 704 Scott, Henry, 631, 654 Sears, Edward, 679 Sears, Gideon, 78, 678 Sears, Guy, 6J4 Sears, Prudence, 614 Sears, William 78 Seon, Margery, 626 Servant, John, 215 Sewarde, or Saward, Thomas, 616 Seymer, Daniel, 493, 667 *Seymer, Florentius (Gov.), 62,66,85,94,101,106,119, 120,129,132,133,138,174, 181, 186, 192, 195, 197, 198, 215, 217, 225, 234, 241, 243, 248, 258, 261, 262, 281, 303, 407, 602, 509, 611, 609, 704, 712,7'/ Seymour, Thomas, 638 Seymour, William, 52, 186, 609 Shacklock, Rich., 713 Shaftesbury, Lord, 373, 385 Sharpe, Capt. Bartholomew, 647, 562 Sharpe, Boaz, 194, 316, 462, 638 Sharpe, Henry, 77, 649 Shawe, Katherine, 291 Shawe, Thomas, 197, 219, 220, 267, 360, 362, 646 Sheare, Prudence, 617 Shehan, John, 115 Sheires, Mrs. Eliz., 711, 716 Shepherd, Matthew, 697 Shepherd, William, 332, 631 *Sherlock, Edward, 32, 46, 77, 142, 195, 277, 281, 364, 418, 704 Shillins, John, 148 Simms, Henry, 629 Simon, Robert, 316 Simon, Sarah, 139 Simpson, Thomas, 19 Skinner, John, 486 Skroggin, Thomas, 695 SPK Smales, James, 568 Smith, Alexander, 646 Smith, AUister, 606 Smith,.Amy, 97 *Smith, or Smythe, Captain Christopher, 75, 77, 120, 121, 138, 467, 469, 665 Smith, Cleophas, 660 Smith, D., 511 Smith, George, 476, 677, 710 Smith, Henry, 104, 161 Smith, Capt. J., 688, 707 Smith, Humphrey, 713 Smith, John, 35 Smith, Nathaniel, 123, 196, 213, 358 Smith, Sir Richard, 699 Smith, Robert, 664 Smith,|E6v. Samuel, 123, 173, 174, 177, 208, 276, 280, 310, 317, 320, 329, 346, 485, 501, 640, 637, 647 Smith, Samuel (2), 93, 213, 267,268,280,286,289,291, 294, 310, 317, 368, 370, 420, 485, 501, 511, 540, 710, 713 Smith, Sarah, 693 Smith, Sir Thomas, 666, 682 Smith, Thomas, 467, 469, 525, 665 Smith, William, 235, 243, 250, 290, 686 Smyth, Thomas, 638 Somersall, John (Sheriff ), 66, 67, 110, 118, 120, 143, 202, 367, 416, 666, 667 Somersall, Israel, 500 Somersall, Samuel, 223 *Sondfull, John, 56 Sothworth, Charles, 32 iSouthampton, Earl of, 654, 704 Southerne, Charles, 649, 660, 663 Southey, Capt. T., 213, 230, 636 Southwell, Robert, 429, 470 Spachurst, William, 143, 670 Spnrkes, Alice, 603 Sparkes, Michael, 69, 597 Sparkes, Thomas, 648, 649 Sparrow, Stephen, 692 Speckhart, Mr., 679 Spencer, Nicholas, 169, 183, 215,223, 7)3 Spencer, Sarah, 633 Spencer, Saunders, 136 Spencer, Susan, 169, 183 Spruson, Ml-., 662 742 INDEX OP PEBSONS. SQU Sqiiier, John, 104, 475, 682 ♦Stafford, Richard (Sheriff), 231, 252, 259, 264, 266, 277, 281, 286, 294, 309, 829, 334, 369, 364, 52S, 536, 651, 554, 632, 638, 650, 659, 663 Stafford, William, 188, 440, 455, 476 Stanley, als. Smith, Wm.,236 Stanyan, Edward, 149, 170, 183, 236, 685 Stalver, George, 64, 142, 647 Stalver, Henry, 194, 647 Stapleton,Adml. SirW., 547, 562 Stapley, Colonel, 41 Staplin, Charles, 223 Stajrop, James, 194, 310 Steevens, Eobert, 309, 358, 448, 611 Stephenson, Stephen, 104 Stevenson, Christian, 608, 610, 617 Stevenson, G-eorge, 435 Steward, William, 81 Stiles, John, 188 Stirrop, James, 107, 647 Stirrop, Jeane, 626 Stirrop, John, 90, 393 Stoakes, or Stokes, David, 646 Stoakes, John, 689 Stoakes, Jonathan, 139, 462, 647, 648 Stock, John, 243 Stokes, Thomas, 72 Stone, Edward, 263, 517 Stone, John, 476, 526 Stone, Samuel, 263, 661 Stone, William, 476 Stowe, Elizabeth, 603, 609 Stowe, John, 7, 53, 54, 89, 101, 128, 139, 149, 238, 263, 302, 303, 312, 319, 466, 469. 471, 476, 608, 625, 605, 650, 675 Stowe, Joseph, 476, 638 Stowe, Mary, 624 Stowe, Thomas, 144, 393, 638, 650 Strange, Penelope, 141 Stransham, Serjeant, 116 Strickland, Lord, 94 Stringer, John, 476, 610, 650, 658 Stroud, Mr., 106 Styles, John, 701 Sunderland, Earl of, 524, 544 Sutch, Eiehard, 39 Swan, Thomas, 679 Sweetinge, Goodwife, 639 Sfceetinge, John, 668 Swinhow, Geo., 698 Sydenham, Col. E., 94, 119 Symmes, Henry, 687 Symonds, William, 485 TATUM, Nehemiah, 538 ■^ Tatum, Samuel, 711 Taylor, Mrs., 144 Taylur, Thomas, 223 Teage, — , 168 Thanet, Earl of, 450 Thaxton, William, 662 Thomson, Maurice, 42 *Thomton, Nicholas, 120, 133, 146, 685, 686 Thorpe, Mr., 663 Thrift, Lazarus, 692 Thurlby, John, 8 Tibhy, Thomas, 545 Tickner, Samuel, 693 Timberly, Henry, 668, 704 Tines, Eobert, 638 Todd, John, 7, 701, 705 Todd, Joseph, 8, 41, 42, 68, 61, 84 Tomlins, Eich., 698 Torre, Capt. Diego de la, 1 84 Toulson, ThoB., 406, 501 Trevis, or Trevers, Eobert, 701,702 Trimingham, Anne, 116, 682, 687 Trimingham, John, 9, 16, 19, 118 Trimingham, Paul, 128, 142, 476 Trott, Elizabeth, 316 Trott, John, 489, 640 Trott, John Harvey, P.M.,633 Trott, Nicholas, 540 Trott, Perient, 43. 61, 68, 79, 81, 101, 110, 123. 152, 195, 196, 201, 245, 323, 326, 368, 386, 395, 396, 398, 403, 411, 412, 418, 437, 649, 660, 660, 661, 663, 664, 672, 679, 692, 694, 696, 702, 710, 713, 714, 716 Trott, Samuel, 358, 395, 403, 405, 437, 458, 509, 626, 638, 654 Trussell, — , 221 *Tucker, Daniel (1), 585, 706 Tucker, Daniel (2), 667 Tucker, Francis, 120, 195, 241, 242, 262, 281, 296, WAX 364, 493, 601, 612, 587, 637, 647, 748 Tucker, George, 54, 86, 107, 120, 133, 138, 142, 694, 697, 707 Tucker, Henry (Secretary), 107, 118, 133, 138, 169, 170, 181, 184, 195, 222, 225, 240, 261, 262, 269, 281, 283, 286, 394, 434, 458, 462, 505, 509, 612, 638, 647 Tucker, John(Secretary),486, 493,601,609,618,554,537 Tucker, John Harvey, 466 Tucker, Margery, 606 Tucker, Matthew, 713 Tucker, William, 476 Turberville. George 42, 61 Turner, Henry, 127, 458 Turner, John, 56, 674 *Turner, Jonathan, 13, 95, 242, 286, 309, 314, 334, 361, 394, 397, 398, 434, 437, 476, 637, 674 ♦Turner, Thomas (Governor), 6, 7, 14, 18, 67, 91, 180, 703, 711, 712 Tynes, Stephen, 687 UNDEEWOOD, Laurence, 691 VANE, Sir Harry, 24 * Varnell, Eobert, 215 Varvell, Eobert, 713 Vaughan, — , (Secretary), 7, 16 Vaughan, Eev. Henry (1), 207, 260, 276, 280, 289, 483, 490, 499 Vaughan, Eev. Henry (2), 483, 551, 656, 659 Vaughan, John, 140, 146, 155, 162, 169, 418, 647, 676 Vesey, or Veaszy, Nathaniel, 663, 697 Vicars, Dame, 626 Vicars, Severen, 46, 303, 668 Viner, Eev. W., 7, 14, 18, 118, 208, 601 WADE, Sir William, 691 ' ' Wadsworth, John, 60 Wage, Mr., 7 Waightman, Eoger, 631 INDEX OF PERSONS. 743 WAI Wailet, "William, 714, 716, 717 Wainewright, Benjamin, 476 Wainwright, see Wajne- wright Wale, Thomas, 693 Walkens, Edward, 147 Walker, Charles, 50(1, 668 Waller, Edmund Cpoet), 695 Waller, John, 640, 627, 700 Walpoole, Sir John, 665 Walter, Sir John, 698 Wandy, Eobert, 675 Ward, Elizabeth, 632 Ward, Henry, 26, 604, 623, 654 Ward, John, 438 Ward, Leonard, 7, 41, 42, 57, 93, 672 Ward, Miriam, 270, 630 Ward, Thomas, 458 Warden, Philip, 702 Warwick, Capt. John, 341, 350 Warwick, Eobert, 2nd Earl of, 123,416,445,650, 661, 672 Waterhouse, W>, 695 Waterman, George, 164, 195, 420, 486, 491, 501, 650, 711, 713 Waterman, Nathaniel, 680 Watkins, David, 426, 680 Watkins, William, 52, 685 * Watlington, Francis, 29, 53,106, 124,133,138,183, 195, 603, 636, 674 Watts, Capt., 694 » Waylett,William, 196,210 217, 711 * Wayly, Samuel, 256 * Waynewright, John (1), 13,72, 106, 116, 120, 194 262, 281, 295, 302, 303 351, 378, 394, 437, 476 609, 618, 621, 627, 692 Waynewright, John (2), 61 84, 696, 699 Wayte, Will, 476 Weathersby, John, 700 Weaverley, Thomas, 678 Webbe, Mr. W., 8, 649, 662, 663 Webbe, William, 57, 310, 361, 373, 419, 420, 636, 660, 704 Webber, John, 362 Webster, William, 691, 696 Weekes, Arthur, 428 Welch, Francis, 128, 167 Weld, Mr., 672 Well, John, 144 Wells, John, 197, 702 Wells, Thomas, 67, 144, 195, 286, 295, 309, 637, 669, 702 Wells, Widow, 676 Welman, Francis, 30, 32, 686, 687 Welman, Martin, 697 Welsh, John, 144, 149, 158, 467, 646 Welsh, William, 211 Wencworth, Hugh, 118, 149, 163, 180, 188, 206, 210, 211, 214, 238, 262, 302, 303, 669, 691, 696 * Wentworth. John, 39, 66, 99, 149, 201, 230, 232, 239, 260, 266, 302, 305, 476, 609, 618, 635, 689 West, Frances, 672 West, John, 711 West, Laurence, 39, 43, 111, 142 » Wetenhall, Charles, 67, 115, 136, 194, 210, 223. 364, 694 * Whalley, Samuel (Govr.), 258, 260, 262, 268, 271, 282, 286, 289, 299, 310, 638, 694 Wheatley, Mr., 677, 689 White, Anthony (1), 76, 102, 437, 476, 564, 656, 603, 603, 667, 668, 699 White, Anthony (2), 267, 538 White, Cornelius (Secretary), 278, 363, 367, 378, 387. 388, 395, 427, 434, 443 White, Honora, 629 White, John, 223, 279 White, Leonard, 195, 261, 280, 671 White, Lieut., 136 White, Lydia, 279 White, Eev. Nathaniel, 2, 9 84, 86, 89, 118, 132, 137 147, 149, 162, 175, 200, 208, 276, 278, 601, 636, 708 White, Mrs., his widow, 403 White, Nathaniel (2), 278 White, Eobert, 26 White, William, 243, 368, 374, 376, 379, 437 Whitney, David, 538 Whitney, Samuel, 77, 120, 194, 303, 680, 710 WOO Whittaker, Eichard, 710 Whitty, John, 124 Wicks, Matthew, 649, 658 Wigglesworth, Eev. M., 199 Wileh, see Welsh, John Wild, Sir John, 674 Wilkes, Lorenzo, 67, 310 AVilkins, Capt., 77 Wilkinson, Parnell, 374, 376, 378, 651, 670 Wilkinson, Eobert, 228, 243, 260, 290,' 301 Wilkinson, Stephen, 110 Wilkinson, William(l), 7, 26, 46, 61, 56, 65, 66, 94, 609, 627, 676, 688 Wilkinson, William (2), 228, 243, 249, 250, 256, 303, 460, 601 Williams, John, 112 Williams, W. Frith, 369, 670 Williams, William (1), 76, 77, 94, 195, 476, 609, 627, 673 WiUiams, William (2), 476, 538 Williamson, J., 429 Willis, Edward, 476 Willis, Euth, 655, 656 Wilson, John, 689 Wilson, Katherine, 46 Wilson, Thomas, 46 Winge, John, 263 Wingood, John, 511 Winthrope, Governor, 11, 12, 289 Winwood, Eichard, 705, 707 Wise, William, 611 Wiseman, John, 95, 420 Wiseman, Joseph, 676 Witter, Elizabeth, 425 Witter, James, 49, 425, 697 Witter, Jonathan, 426, 437, 438 Witter, Eachel, 424 Witter, Eichard, 424 Witter, Thomas, 425, 432, 435 Wiverley, Thomas, 616 Woldridge, orWolrich,Eich., 262, 277, 281, 286, 364, 394, 398 Wolseley, Lord of Council, 106 Wolstenholme, or Worsen- holme, Sir John, 670 Wood, Flora. 603 Wood, Frances, 48 744 INDEX OF PERSOKS. WOO * Wood, Boger (Governor), 15, 36, 39, 53, 116, 609 * Wood, Thomas, 210, 354, 389, 390, 394, 396, 398, 434, 437, 438, 439, 609, 683 Woodall, Thomas, 260, 690 Woodford, Capt., 483 Worcester, Marquis of, 479, 490 Worth, William, 25, 39 Wotton, Thomas, 162, 497 Wrath, see Wroth Wright, James, 435 Wright, John, 90, 213 Wright, Ealph. 107, 647 Wrighton, William, 650, 659, 663, 665 Wroth, John. 670, 690, 711 Wroth, Sir Thomas, 42 YOU Wyley, John, 448 Wyse, or Wise, John, 358, 611 VATES, John, 45, 663 -»■ York, James, Duke of, 231, 260, 266, 340, 349 Youmans, Sir John, 298 Young, Elizabeth, 280 Young, John, 35,. 476, 669 Slaves and fhee Negeobs ok Indians. Agge, 426 Anne, 45 Anora, 425 Anthony, 94, 128, 130 Old 'Toney, 62 Argee, 589 Besee, 424, 426, 452 Bestiana Hannah, 165 Cabelecto, 95 Caesar, 452 CaUibar, 543 Gate, 364 Clements, 115 Black Dick, 115, 116, 315 Diego, Degoe, 345 Elizabeth, 70 Francisco, 224 Erank, 96, 116, 389 Erank Jeames, 95 Jack, 82, 95, 166, 367, 452 John Deuall, 128 George, 426 Hagar, 452 Hannah, 228, 278 Harry, 96 Hercules, 389 Joanna, 197 John, 115, 218 Jos6, 184 Juan, 128 Kate, 628 Kitt, 389 Mary, 165, 426 Matthew, 218 Merea, 426 Mingo, 452 Moll, 25, 452 Nan, 426 Nathaniel, 278 Ophe, 462 Patience, 163 Penelope, 141, 197 Penny, 418 Peter, 217 Plathento, 128 Priscilla, 228 Powle, 228 Eebecca, 228 Richard, 278 Black Robin, 82, 96, 389 Salvadero, 128 Sambo, 349 Samuel, 128 Sarah, 278 Symon, 605 Tomakin, 116 Toney, 96 Tony moreea, 452 Black Tom, 82, 95, 389, 424 Tom Ferdinando, 462 Tom Molagasso, 452 Tomasin, 602 INDEX OF SUBJECTS THE SECOND VOLUME. ABA P^HB ABACO, treasure-trove at . . . .112 Absence from church punished . 215 315, 318, 346 Acklin, Island 175, 199 Acts, see Laws. Acts of Assembly badly drawn . . . 207 Admiralty, Court of 333 Adultery capital 133 Aggrievances, see Grievances and Petitions. Alarm of war . 31, 44, 75, 240, 365, 379 380, 461, 462 Alarms, false, punishable 136 Ale-honses,. unlicensed 288 Allegiance indelible. 244 Ambergris 86, 108 Ammunition, see Arms. Amnesty to Royalists .... 85, 101 Amputation fatal . . .... 103 Amsterdam, trade with . 149, 175, 206 Anarchy in the colony . . . 517,553 Ancient, or. ensign 705 Andera, Andros, or St. Andrews . . 12 Appellate jurisdiction of the Company 6 49, 50, 57, 123, 169, 309, 418, 419 Appointments, notices of 120, 309, 363 468, 483, 505 Apprenticeship 97, 288 of coloured children . 155,197 of free negroes 165 Aqua vitae 28, 144, 579 Arbitration on political wrongs . 31, 65 Arnmmentin 1657 ....... 106 Armament, the Crown contributes . . 373 Arms, Eojal, restored 136 destitution of .... 106, 658 Arms and ammunition, consignments of 83 91, 135,209, 308, 331, 483 Artillery, Eoyal 570 Assault .on. a hegress 61 BAN PAOii Assembly, 1650 7, 15 1661 155, 176 1662 . . . 187, 194, 207, 277 1668 282, 283 1669 282 1673 361, 382 1684 .... 600, 622, 637 1687 668 Assembly, alone to mate taxes ... 90 Acts of, see Laws. duration limited . . . . 155, 176 formally dissolved . . . 384,414 grievance of not calling one 467, 463 471, 474, 477 proposed reduction of members . 568 regulations of 399 Assize time, privileges of 1 02 Assizes, 1652 25, 35 1663 45 1655 61, 65 1668 , 110,115 1659 128 1660 139, 140 1661 160, 162 1662 182 1664 215, 218 1667 249 1668 270 1670 311 1671 346 1672 363, 367 1673 390 1677 463 Attorney-General, the King's . . . 490 Attornies, local .... 139, 247, 261 BAHAMAS. . 108, 112, 265, 265, 566 Bandoliers .... 5, 105, 483 746 INDEX OF SUBJECTS. BAN PAGE Banishment, sentences of, see Quakers 5 133, 164, 379, 434 Baptism of slaves . . 155, 291, 293, 569 rite refused 262 Barbadoes, trade with 10, 17, 22, 64, 109 163, 349 laws of 466 Barbarous sentences .... 32, 389 Barclay, JK., his apology 436 Base, see Ordnance. Bashaw tobacco 519 Bastardy presentments . . . 111,163 Bastards, negro, claimed by the Com- pany 52 Bayley'sBay 652 Beaker, sacramental 116 Beheading practised .... 218, 219 Berkeley, Bishop 570 Bermuda, question of addingit to Spain 21,23 resorted to for health . . 157, 199 Bernard, Rev. N 280 Besse, his History of the Quakers 132, 243 290, 301, 378,434, 436 Bibby trees 28, 34 Bibles 580 Birds, tameness of 581 Births and deaths 432, 444 Bisha, H., his articles against Coney . 552 his treasonable conduct .... 542 late, banished 315 Bishops, Bermuda neglected by . . 79 Bishop of London 551,661 Black Dick banished 315 Black Moll made executioner . . . 25 Black Peter executed 219 Black Tom, trial of 182 Blasphemy ... 30, 32, 64, 128, 453 Blue-book, the first Colonial .... 428 Boarding ships 170, 301 Boats, regulations affecting 44, 168, 301 332 Bonds, illegal, exacted by the Company 80 301,303, 309, 494, 519 Bond, Eev. S., his ordination. . 172, 640 turns Independent 173 dismissal of 335, 483 reappointments of . 368, 500, 506 taken prisoner of war .... 369 his character and turbulence 171, 317 319,335,338,561,562,640 Bond and Prancis sent home prisoners 494 495 Bonneille, Mr., his book 592 Books, see Library 58, 163 Bosse's Hole . , 663 Boughton, Lady 498, 802 Boundary trees 76 Brackish-pond Dock 3 IS Branding. ... 26, 32, 388, 389, 390 Broad arrow 547 CLE I"-*™ Brazelette wood 108 Bribery 551 Brother Islands 76, 664 Buccaneers, the 230, 636 Bullen, George, treason of ... • 460 Burial of slaves 292 Burnt Point 648, 652 Burr, Eev. J., discharged 175 Button-wood 447, 454 OAHOWS 678 Cannon, see Ordnance. Capital sentences, see Executions. Card-playing denounced 74 Carolinas, settlement of 186, 199, 298, 321 Cassava bread 583 Castle corn 75, 159 Castle, defences of . 7, 75, 177, 208, 657 Castle Harbour ... . 61, 463, 650 Catechising enjoined 447 Catholics, Eoman, see Papists. Cattle 19, 80, 90 Cavaliers 162, 553 Cavalry, militia. 569 Cedar, illicit export of . . . 6, 55, 92 licences to export 82, 101, 212, 249 274, 361, 593 planting or preservation of 126, 131 167, 413 packing chests limited . 51,322,483 wanton destruction of . . . .130 Census required 156 Champlain, Sieur de 872 Chancery, Court of 261 Charges of Government . . 87, 186, 486 Charles II., letters from 164, 199, 226, 386 395, 403, 410, 412 Charles Port 662 Charters, English municipal .... 541 former Colonial 613 Chests of cedar, size limited . . 51,322 Children, neglect of 36 habits of pilfering 41 of negroes 52, 165 Chirurgeons . 49, 105, 168, 217, 223, 623 Christian negroes 34, 2i7 Churches, consecration of .... 79 numbers of 434 readers in 68, 447 paths to 150 service of . . , 317 sites of 68, 79, 89 statistics of 4.^3 wardens 251 yards 177, 306, 331 Cigateo, see Segatoo. Civil marriages 102 Clandestine shipment 146 Clergy, benefit of 345 INDEX OF SUBJECTS. 747 CLI PAOE Climate 578 Coal, suggestion to use 331 Cobbler's Island 95,219 Cockroaches 441, 442 Code noire 389 Coin, exportation of . . . . 102, 191 College, Bishop Berkeley's .... 670 Colonial regulations, early .... Colony, defence of 569, 670 Commission of Government . . . 42, 87 Commissions of Enquiry 41, 81, 83,180 468 to ministers 173 to Colonel Coney .... 621, 527 to officers ... . . . 84 Committee for, America . . 41, 86, 88 Committee of Council for Trade and Plan- tations, see Council, Privy. Common land 83 Common-prayer Book prohibited . .103 neglect of . '. Commonwealth 1, 21 Commonwealth's Castle 75 Commonwealth-men 119 Communication with ships regulated . 240 Company, the Bermuda, changed 2, 42, 87 later constitution of . 386, 488, 640 acknowledged by the people . . 16 answers charges . . 107, 471, 489 answers to petitions 174 books and papers searched . . . 524 charges against .... 104, 487 its debts . 525, 526, 535, 542, 558 its despondency 370 discourages complaints .... 385 insolvency 418 illegal proceedings 480 legal status 107 Orders by, see Martin, Thomas. reproves its officers 463 summoned before Privy Council 106 470, +76, 489 supported at home 494 Company's letters, extracts from — 1660, January 1 2 1655, April 19 50 1656, 82 October 14 ...... 88 1658, September 13 119 lfi59, September 19 .... . 127 1660, September 3 ... .134 1661, August 30 152 1662, May 15' 167 October 10 174 1663, February 11 195 November 14 . . . 201, 202 December 4 206 1661, April 1 211 1665, March 1 227 November 14 236 COU ''^°'' Company's letters (continued) : 1666, November 1 245 December 13 247 1667, , 255 1668, February 6 260 268 1669, March 9 .... 275,281 1670, February 28 304 November 9 327 1671, September 20 361 1672, June 18 368 370 1674, September 21 399 1675, August 12 411 1676, October 26 . . . . 444,446 1677, February 23 449 October 1 458 1678, October 16 463 1679, November 26 481 1680, February 11 491 1681, March 8 .... . 496, 502 September 28 604 1682, October 6 609 . „ 17 610 1683, October 25 ...... 517 Compensation for rebellion losses 91, 104 Complaints, see Petitions. frequency of 385 Compurgators 46, 161, 183 Coney, Colonel E., appointed . . . 616 extreme unpopular'.ty . . 616, 544 his instructions .... 521, 527 articles or charges against him 616 544, 662, 668 his defence 647, 663 his letters . . 544, 647, 5o3, 560 his recall 668 Confessions, public 140 Congregationalist 23 Conspiracies, see Plots. Constitutional questions 294 Contempt of Government 271 Contraband trade . . 37,398,484,492 Cony or Coney Island 647 Cooper's Island 650, 652 Corn 45, 74, 110, 113 Coroner 77, 147, 237 "W.Pitt 1672, MS.- A. Jenour ...... MS. iii Councils.in Bermuda — 1653, April 39 November 15 43 1654, June 27 46 September 29 48 1666, April 2 68 August 27 61 December 19 67 1656, January 22 68 May 77 July 22 79 748 INDEX OF SUBJECTS. cou ^^°^ Councils {continued) : 165fi,July28 77 October 7 87 1657, January 2 98 May 18 99 „ 15 100 December 3 103 3 105 1658, April 27 107 July 6 Ill September 14 115 1659, January 27 124 September 8 127 December 6 129 1660, May 3 132 June 21 133 September 6 . . . . 136 26 138 October 1 139 1661, February 12 141 April 9 146 May 2 148 June 27 149 August 22 150 October 17 169 „ 30 160 November 14 162 December 26 163 1662, March 6 168 July 10 169 September 5 ... .171 1663, March 1 195 September 24 198 November 5 200 1664, March 21 211 April 19 214 August 17 217 1665, May 5 223 July 31 231 1666, February 9 237 1667, November 15 266 1668, July 2 266 „ 15 267 November 13 281 1669, January 12 271 27 271 June 9 289 „ 22 289 October 22 291 1670, June 28 317 November 1 320 1671, January 81 333 February 15 334 March 8 338 August 10 349 December 4 351 1672, February 1 368 1673, February 3 374 November 11 387 December 23-4 .... 388 COU ^^°^ Councils (continued) : 1674, January 28 393 March 26 393 April 30 395 June 4 397 October 30 397 November 24 403 1675, January 7 405 12 407 July 2 409 1676, May 9 436 June 2-3 437 „ 14 441 „ 27 442 August 17 442 1677, January 2-18 447 April 10 452 June 11 453 November 1 453 1684, October 14 536 1686, November 11 566 Council, actions against 294 Council of State, Cromwell's 41, 42, 69, 81 86, 93, 94, 98, 99, 106, 113, 118, 119 Council, Privy, Committee of, for Trade and Plantation, 186, 428,470, 476, 477 478, 479, 488, 490, 494, 607, 508, 612 524, 526, 640, 541, 542, 544, 546, 565 Council of war 216, 239, 241,391, 462 Councillors appointed .... 56, 120 dismissed 500 fined 281 position of 160, 307 Courts in Bermuda 49, 63, 476, 480, 663 chancery 261 martial 115, 241, 364 piepoudre 262 Courts, Quarter, of the Bermuda Com- pany : — 1651, January 15 20 1652, April 24 24 October 5 34 1656, September 2 . . . . 79-80 7 85 „ 16 81 „ 24 81 1657, August 26 101 1658, May 20 107 1669, February 9 634 September 2 126 October 17 128 1660, July 11 134 September 12 ... . 137 1662, June 13 169 September 4 . . . .171 1663, October 22 199 November 16 ... , 202 30 ... . 204 December 4 .... . 210 1666, December 28 .... 245 INDEX OF SUBJECTS. 749 COTJ ^^™ Courts {continued) : 1667, April 27 248 October 27 255 1668, .Tanuary 27 256 1669, February 10 . . 272-287 20 274 1670, February 9 299 21 301 22 303 October 19 322 November I 323 9 324 „ 27 331 1671, July 12 347 September 19 . . . .360 1674, September 21 .... 398 1675, July 23 420 October 17 443 1677, August 24 455 1680, July 13 492 1684, May 7 525 Crabs, land 27, 33 Crawle Point 661, 716 Critica sacra 153 Crofts, Gunner, superannuated ... 76 CromTvell, Oliver, his death . . . .113 Cromwell, Richard, proclaimed . 114, 125 Crow Lane 146, 653 Crown, the, assumes the Government, 668 Crown lands 642, 564 Cruelty to slaves . 61, 72, 150, 184, 389 Culverings, see Ordnance. Currency . 40, 41, 111, 113, 179, 211, 637 Cursing, see Prof aner ess. DANIEL'S Bay 653 Datura or prickle burr .... 454 David's Island .... 648, 660, 652 ' Dead or Alive,' warrant of apprehen- sion 367 Decapitation 218, 219 Deceits in tobacco . . • . . 70, 485 Deck loads, protest ....... 148 Defences, attention urged . . . . 31 Demise of the Crown, supposed effect of 562 Demi-culverings, see Ordnance. Dimity, weaving of 90 Disarming of Eoyalists 68 Disciplinary laws 83 Disputation, public, with Quakers 133, 460 639 Disseizures . . 467, 471, 475, 476, 480 Dissolution of marriage . . . 148, 171 Distillation 28, 34, 134 Division of tobacco 43, 86 Divine judgments, 'to the prejudice of the Company' 65 Divorces 46, 48, 197, 224 Doltons, Justice of the Peace . . . 208 EXP i"^™ Dowding, Eev. W. C, his educational scheme 870 Drawing or withdrawing room ... 91 Drink, sale of, by the marshal . 76, 102 Droughts 170, 234 Drunkennsss 5, 63, 75, 83 Ducking, a punishment . . 26, 249, 363 an ordeal 603, 607 Dunnage and kentledge 212, 414, 464 485 Durham, Henry, acting governor . .511 Dutch, alarms from 43, 44, 225, 227, 240, 364, 373, 379 thought of selling Bermuda to them 23 ship, proposal to seize .... 25 interlopers ... 25, 38, 149, 170 Duties on tobacco 38, 60, 69, 87, 121 213, 270, 534, 635 EAUTHQUAKE of 1664 . . . .213 Easement, house pf 316 Educational deficiency 207 Eleutheria, accounts of 4, 9, 11, 12, 112 254 banishment to . . 133,137,147 exiles recalled 20, 84, 86, 89, 98, 137 failure of 4, 11 proprietorship of . . . . 117,236 Elizabeth Carter, see Quakers. Elizabeth Island ... 175, 199, 654 Emancipation of slaves 289 Emigrant's equipment, 1614. . . . 578 Emigration from Bermuda .... 289 Enclosure of lands . , 156 Enquiries 40 Epidemic sickness 214 Episcopacy practically unknown . . 79 Excise of&cers 452 Executioners ... 26, 36, 218, 219, 345 Executions : — W. Worth, 1662 25 Black Tom, 1656 95 Cabilecto, 1656 95 E. Morgan, 1658 106 John, a negro, 1658 116 Peter, 1664 218 Matthew, 1664 218 Robin, 1673 389 Kitt, 1673 389 Argee, 1673 389 Frank, 1673 389 Hercules, 1673 389 Tom, 1673 389 John Milton, 1687 569 Exemplification of judgment . . . 640 Exiles, recall of 98 Expenses of civil government ... 87 Export of tobacco 49,121 of corn 74 750 INDEX OF SUBJECTS. FAO ^*™ FACTORS of merchants. . 63, 122, 131 False alarms 136 Fasts, public . . 170, 242, 247, 360, 454 Fees of secretary in London, and see MS. iv. January 20, 1657-8 . . .137 Female executioner 25 Femme convert 421 Fifth monarchists 554 Fireof London, 1666 244 Firelocks 373, 637 Firing of guns punishable . . . .103 Fish, Tarieties of 344, 577 protection of 393 ' Fixing,' use of this phrase, 179, 483, 558 Flags, lowering of 139 new supplied . . . 135, 308, 414 Fflatts, the, or Sound's mouth . . . 657 Flatts' bridge Ill Flemish wreck 143 Ffowle, Rev. J., see Fowle. Fools, a sort of fishing-net .... 159 Forced service 137 Foreign Quakers 272 Forfeiture of goods 347 of negroes 422 Forestalling, offence of 62 Forster, Capt. Josias 1 gratuity to 57 his destitution . ... . . 192 his superstition 601 see Nominal Index. Fortifications, 1621 581 Forts, repairs of. . . . 177,179,190 duties of 398, 405 Forty days, nominal limit for maga- zine ships 416 Fowle, or Ffoole, Eev. J., M.A., Dublin 414, 520 turns Independent 560 Frauds in tobacco trade 70, 89, 135, 154 167, 371, 464, 484, 485, 497, 519 Fraudulent shipments 417 Free-trade, refusals of. 4, 121, 174, 176 195, 213, 402, 450, 504 • partial sanction of 51 Freeholders, duty of 413 Free negroes 364 passages 177 schools 37, 177, 206 Freight, rates of 308 French vessel, wreck of . 550, 553, 564 Fresh water 253 Fruit trees, order to plant . . . .178 Funeral customs 158 Furniture, a governor's 259 GALLOWS Island causeway . . .339 Garrison, grievance concerning . 190 George's Point 654 Giants in Florida 266 ILL '^^°^- Glebe lands 35, 52, 85, 123, 155, 175, 188 houses .85, 97, 189 Gondomar, Count, his intrigues . . 21 Governor, term of office extended . .593 Crown confirms the selection 491»,527 gratuities to .... 8, 152, 180 his salary 19 Governor's house 91, 659 Grace's Island 654 Gratuities . 8, 13, 135, 162, 180, 458, 482 Grazing of cattle restrained .... 90 Grievances, earlier . . 15, 104, 176, 193 later 382, 448, 467, 474 Guardianship of infants 363 Gunner, John Crofts 76 Gunnery accidents . . . 397, 464, 482 Gunpowder plot . 200 supplies of 8, 83, 164 Guns, enumeration of. 105 recovery from wrecks . . . . 91 Gwin, Thomas, imprisoned .... 237 HAIMACGOES, Hammock . 157,158 Halberts 135, 209 Hambrough, Hamburgh 564 Hamilton tribe shares 593 Harbours, use of 146, 148 Harpooners, office of . . 211,214,359 Harquebus 105, 331 Harris Bay 672 Headburrow 140 Heathenism of negroes 391 Hen Island 647 Henrietta Island 12 Henry, Prince of Wales 574 Heme Bay '. -. 574 Heydon, Sir John, governor 268, 286, 286 458 remonstrates 361 reproved by the Company . 304, 361 recalled 494, 503-4-5 reception 505 Hog Bay 217 Hogs, indigenous 583 Holland, contraband trade with .24, 196 peace with wars with .... 225, 227, 232 House of easement 316 Houses, official 91 Hughes, Bev. Lewis, his account, 1615, 677 his catechism 585 his works 686 Humiliation, see Fast days. Hurricanes 309 Husbands of ships 210,359 Hutchins, councillor, dismissal of 487, 508 ILLEGAL shipments 146 Hlegality charged against the Com- pany 486,487 INDEX OF SUBJECTS. 751 IMM J"*™ Immorality, see Presentments. laws against 52, S3 Imprisonments, arbitrary . . 49-1, 495 Indemnities, political . . . 85, 101, 162 Independents 23 Indian captives or slaves 45, 46, 49, 55 154, 220, 224, 563 Indigo planting 265, 261 Infamy, sentences of 72, 183, 270, 388 removal of 314 Inhabitants, see Census. Grievances. Petitions. Inquest, Grand . 73, 74, 76, 77, 388, 390 lufolencies of negroes . . 190,390,391 Instructions to Governor Coney. the Company's 521 the Crown's 527 Ireland Island Ireland, contraband trade mth . . . 409 Irish apprentice 168 prisoners or servants 100, 103, 115 136, 161 plots 159 disarmed 160 Irish and negroes, see Plots. Islands, the smaller 89 JAMAICA 99, 349 James II. proclaimed ... . . 543 Jeffreys, Sir George 514 Jews' Bay 654 Joint-Stock, the Company's .... 448 for whale-flshing 372 Jurors, excepted against . . . 312, 320 not to act as attorneys . . . .139 Justices, allowances of 463 KIDNAPPING, instance of . . . 563 King's Castle .... 77, 557, 651 King's Company of Soldiers .... 570 LABOUEERS' wages ..... 45 Land, regulations affecting the sale of 177, 179, 593 Land crabs 33 Landlords, law for their protection . 593 Lane, The 389 Larceny, prsedial 288 Laws, first printing of 166 publication of 29 Laws, the Company's — against making new pastures . . 80 for levying tobacco tax . 84, 87, 534 against exporting cedar . . 126,325 for re-surveying the island . 129, 156 to restore forfeited lands . . .169 a,ppointing glebes 199 LAW ''•*■<"' Laws {contimted) : against Quakers . 202, 272, 274, 287 regulating the whale fishery 203, 245 256, 288 restricting shipbuilding . . 126, 204 regulating currency . . . 211,288 against disturbing ministers of re- ligion 273, 287 for better observance of the Sab- bath 287 against adiiltery, &c. . . 52, 287 against selling drink without li- cense 288,421,451 against private trade . 195,288,347 against sale of drink by councillors 288 against theft and trespass . . . 288 for apprenticing children . . . 288 against destroying Palmetto trees 288 exacting shipping bonds 304, 328, 361 repealing a former concession re- specting export of tobacco . . 323 .seizing the goods of Perient Trott 326 _. . 398 .exacting bonds of boat owners . 332 makingforfeit of goods irregularly imported 347,451 against felling cedars under eight inches thick 360 making forfeit of all negroes im- ported, and to prevent conspi- racy 404,422,455 to prevent making up unmerchant- able tobacco . . 417,464,605,593 against burning of cedar in making sugar 420, 451 against making rum . . . . .421 for registration of lands . 421,451 enacting that no proceedings in law shall abate for want of form 422 appointing a pilot 422 ships to anchor only in Castle Harbour 442 see also 693 afSrming the Company's exclusive right to fish for whales . 443, 450 requiring port dues 451 for restraining privateers . . . 625 for provisioning the King's Castle 535 Laws of England enforced 62, 62, 83, 102 133,251 Laws, local, or Acts of the Assembly — ■ against frauds in tobacco . . .187 settling three free schools . . .188 regnlating glebes 188 against raisingrents of public lands 189 against exactions under pretended lease^. 1 89 protecting shippers of produce . 189 that the Cpmpany shall repair the forts 190 752 INDEX OF SUBJECTS. LAW P-*-™ Laws, local {continued) : to control negroes 190 against trade by negroes . . .190 all negroes to carry passes at night 191 raising the currency 191 making refusal to serve finable . 192 against vice and immorality . .382 regulating the tobacco trade . ,383 making governor and officers ci- villy responsible 383 obliging factors to receive rents in kind 383 allows the use of cedar for pack- ages 383 against trespassers 383 enacting a penalty for leaving sails and oars 883 against shipping the timber off public lands 383 requiring Quakers to pay for sub- stitutes 383 for payment of jurors .... 383 regulating port charges . . . . 383 permitting ships to dispense with pilots 384 imposing penalties on regrators, forestallers, and engrossers . . 384 protecting the timber on vacant glebes 384 appropriating fines, &c., to the public service 384 Leases 176, 189 Lectures, pulpit stirring strife . . .77 Letters from the Company — 1650, January 1 2 1654, November 10 49 1655, April 19 50 1666, September — (?) . . . . 82 October 14 89 1657, August 26 ... . MS. iv. 1658, September 13 119 1659, September 19 127 October 11 127 1660, September 3 134 1661i August 30 152 1662i May 15 166 October 10 174 1663, February 11 195 November 14 201 December 4 . . . 205, 206 1664^ April 1 211 1665, March I 227, 229 November 14 236 1666, November 1 244 1667 255 1668, February 6 . . . . . .260 , 268 1669, March 9. . . 275,281,283 1670, February 28 304 LIQ PAGE Letters {continued) : 1670, November 9 327 1671, April 10 346 September 20 361 1672, June 18 368 September 18 370 1674, September 21 399 1675, August 12 411 1676, October 26 ... . 445, 446 1677, February 23 . l ... 449 October 1 458 1678, October 16 463 1679, November 26 481 December 6 486 1680, February 11 . . , . . 491 1681, March 8 496, 503 September 28 504 1682, October 6 509 17 510 1683, October 25 517 Letters to the Company — 1660, September 7 . . . 8-12, 15 December 20 . . . -. . 17 1663, January 27 187 1669, July 22 635 Letters from the. King, see Charles 11. Letters from the Council of State — 1668 114 1676 428 1679 470,488 1685 543 1686 565 Letters, miscellaneous — ■ From Perient Trott 196 J. Nichols 228 J. Houton 233 K- Norwood . . . 253, 313 E. Stafford 264 Eev. S. Mavericke . . .289 Carolina proprietors . . . 321 Governor Coney 644, 647, 853 560 Letters Patent of King James . 21,324 Levy, annual — 1652 38 1663 43 1660 142 1661 161 1670 300 1676 416 Lex Mercatoria 208, 332 Liar, common, presented 161 Libertine servants, libertines . 190,639 Liberty of conscience, abuse of . . .103 Library, public . . . 14,59,163,211 Licences to retail drink 128, 134, 145, 150 206, 421 Lighted leaves, see Torches. Lilies, order to extirpate . . . 292 Liquor trade, see Licences. INDEX OP SUBJECTS. 753 LIT PAGE Liturgy, English, disuse of . . 487, 589 forbidden 103, 608 Liturgy of Guernsey 588 of Greneva 690 Longbird Island . . 82, 90, 107, 647 Longevity of inhabitants 266 Lord High Admiral, his royalties . . 340 Lord Protector 93, 99, 102, 104, 107, 113 Loyalist party ... 4, 8, 68, 86, 101 Lying, see Presentments. MADA EEELE 182 ' Madam,' style of Governor's wife 73 Magazine ships, see Shipping. disasters or escapes of 23, 69, 82, 174 496 monopoly of freight 347 outwards 82, 468 homewards .... 198, 402, 504 arrival of two together . . . 88, 103 professed season of sailing . . 80, 83 professed stay in Bermuda . . 83,68 Maligotoon 344 Manure, obsolete use of term . . . 388 Marriage, civil 102, 148 dissolution of . . . 148,171,224 of negroes . 107 Marshals, see Index of Names. John Stow ........ 7 John Todd 7 Henry Paskow . . . 73,92,100 Anthony White .... 76, 102 John Bristow 120, 309 appointment of 7 Marshal law, see Martial law. Marshal privileged to retail drink 76, 102 Martial law, see Courts martial. Massachusetts Historical Society 9, 173, 290 sale of Indian captives .... 48 treatment of Quakers . . . .132 Matchlock musquets . . .209,308,637 Match, slow 5, 155, 308, 413 Measures, standard 308 Mercery in 1664 220 Merchants permitted to sell liquor . 128 Middleton, J., his trial for witchcraft 40 41,604 Midwives, duty imposed on . . . .163 Militia, foot 521, 562, 570 mounted 569 ammunition 562 Mill, The 663, 682 Minions, see Ordnance. Ministers appointed 82, 174, 175, 207, 307 416,500 commissions of 173 desertion of one . . , . .61,82 instructions regarding . . 79, 276 VOL. II. 3 NEV PAOB Ministers (contimted) : lack of 17, 18, 135 not always in orders . . . 173, 637 protection of 273 salaries of 83, 92, 93, 172, 175, 208 276, 561,693 their widows . . . 208, 387, 403 Minors, Jacob, portrait of .... 49 Money, against exporting . . 179, 191 Monmouth rebellion .... 560, 563 Monopoly, oppressive effect of the Com- pany's 142 Moral state of the colony 5, 28, 29, 63, 64 Mulattoes . . . 141, 179, 191, 390. 432 Mullet Bay 648 MundunguB, probably Bermuda tobacco 371 Murder 106, 116 Musquets ... 5, 83, 105, 135, 308, 366 Musters 190, 191, 390 Muster master 179,205 VTAVIGATION, fit employment of IN youth 194 Neck and heels, mode of binding . . 137 Negroes — arming of ... . 242, 366, 380 banishment of 96 baptistn and burial of . . 292, 569 bequest of 70 children .... 52, 141, 168, 228 the Conipany's 66 confiscation of 442 conspiracies among 94, 95, 115, 388 conversion discouraged xiii. 330, 369 393 cruelties to ..... . 161, 184 free 96, 165, 166 heathenism of 34, 569 immoralities punished .... 103 indicted 217 importation allowed 166, 432, 452, 463 importation prohibited . . 404, 465 insolenoies of 190, 216 license to kill ....... 96 matrimonial state of 107 numbers of 432 outrages against 61 petition for liberty 293 plots, see Conspiracies .... 432 required to go to church ... 96 restraints on .... 96, 107, 390 sales of 166 seizure of, in England 126, 127, 128 163 trade forbidden to 96 Negro women, estimate of .... 30 Negroes and Irish, combinations of 1 IS, 1 69 Nets, fishing regulations 1 59 Nevis, Island of . . 66 754 INDEX OP SUBJECTS. NEW , ^^™ New England applied to forministers 3, 640 succours Eleutheria . . . . 9, 13 trade with 204 New Providence 265, 265 Night walking restrained 191 Nonconformist ministers . 557,561,637 Nonsuch Island 650, 652 Norwood, Matthew, his shipwreck . . 496 Norwood, Richard, as a man of science 253 423 as schoolmaster 3, 127, 131, 136, 148 177 as surveyor . . 129, 156, 229, 283 his will 423 Nurture and education of youth, 36, 40, 97 OATHS taken 1, 131 Offence given by the Company . 382 Officers, appointment of 84, 120, 155, 181 not to be natives 558 Offices, acceptance not voluntary . .192 Oil, olive 141, 155, 167 whale, shipments of 305 Olive-trees, planting of 141, 155, 156, 167 Oranges, export of . . . 360, 449, 466 rents paid in 180, 189 Ordnance. base lOS culvering 105, 557 demi-culvering 105 demi-cannon 105 falcon 105 minion 105 Baker 105, 557 various 549 Outlawry 392 Overplus, the. . • ... 423,593,706 Over population, complaint of . 30, 663 PAGET'S Fort 63, 75, 398 Palmetto berries, their use . . 682 leaves 266, 346, 408, 466 trees 28, 178, 288, 292 Papists, treatment of ... . 98, 367 Pardons by the Company . . . . .151 Parish registers 455 Parsonages, see Glebe-houses. Partisans (weapon) . . 135, 209, 483 Party divisions, evils of 31 Paskow, Henry, sells his wife . . .100 Passages, conditions of, to shippers . 177 Pasturage, discouragement of . . 80, 90 Paths, their bad condition . . 76, 111 Pauper maintenance 104 Pearl Island 654 Pembroke Church repaired .... 455 Penances 140, 444 Pensions or gratuities . . 276, 464, 482 Pequod war 48 POW P-iO" Perient Trott on the tobacco trade . 196 his defiance of the Company's laws .... 324, 414, 444, 448 his pamphlet 444, 460 his petitions 448 Petitions — of the Assembly .... 385, 478 of the Governor and Company 22, 93 of the inhabitants to Cromwell . 104 106, 107, 117 to the Crown, No. 1, 1679 . . . 466 „ 2 „ . . . 473 „ 3 „ . . . 488 „ 4 493 „ 5 „ . . . 512 „ 6 „ 448, 537, 641 to the House of Commons . . .511 to the Company . . . . 15, 152 Physician, want of one 390 Pieces of eight 40, 111, 179, 191,211,307 Piepoudre, Court of 262 Pilfering complained of 30 Pillory, punishment of 32, 129, 161, 183 Pilots ... 63, 62, 77, 422, 463, 484 Pirates or privateers . . .23, 550, 662 Plague of London 201 Planting enjoined ^111 Plants— button-wood 454 fig-trees 292, 578 guava 344 indigo 578 lemon 344 lilies 292 lime 344 mulberry 344, 578 olive 141, 165, 167 orange 360, 449, 456 palmetto.-. . . 28,178,288,292 pine-apple 344 pomegranate 344 prickle-burr 454 sugar-cane .... 330, 362, 420 vines 678 wire-weed 292 Plots 94, 169 Poetic account of Bermuda . . . .341 Point shares 663 Poison ivy ... . 104, 263, 265, 344 Poll tax 474,486,535 Poor relief, rudiments of 104 Population, estimates of . . . 87, 432 Porgys, protection of 447 Port charges . . 442,463,471,474, 477 Port Eoyal, Carolina .... 298, 299 Porto Eieo 182, 230 Potatoes, rents paid in . . . 78, 189 Powder, see Gunpowder. Powder tax or powder money 92, 155, 442 447, 593 INDEX OP SUBJECTS. 755 PRA '"'i™ Prayer-book proscribed 103, 486, 508, 561 Preachers to have a call 162 Presentments of the Grand Jury classi- fied— (1) criminal offences and disorders — absence from church . 215,315, 346 abuse of liberty of conscience . . 103 adultery 161 blasphemy ... 20, 128, 249, 453 cruelty to negroes 184 defending Quakers 312 disturbing public worship . 249, 260 drunkenness ... 42, 63, 76, 183 familiarity with negro women . 30 having a black child 314 immorality 31, 32, 46, 64, 103, 111 140, 141, 160, 161 indecency 29 lying . . . _. . . . 29, 78, 161 perverting justice 183 profane swearing 29, 64, 75, 102, 111 rape 66 receiving stolen goods .... 46 robbery in a dwelling . . 182, 345 Sabbath-breaking. ... 29, 161 scandalous life 249 slander .... 73, 161, 183, 368 stabbing and wounding . . . .140 strong diink 42 suspicion of adultery 161 suspicion of incontinency 160, 183 249 swearing. See Profane swearing. talebearing 72 theft 25, 26 witchcraft ... 27, 35, 113, 270 (2) miscellaneous civil present- ments — pilfering fruits 30 glebe lands 35 neglect of children 36 wrecking 36, 110 free schools 37 forestalling 43 straying of turkeys 45 neglect to set corn 45 registration of labourers ... 45 ships to anchor in Castle Harbour 61 anticipating the division of to- bacco 62 extortion of factors . . . 63, 101 sawyers and coopers ... 64, 102 contempt of Court 65 exporting leather 72 export of corn 74, 110 enticing slaves 75 neglect of defences 76 merchants 101 preservation of cedar . . . .102 exportation of coin 102 PEd f''™ Presentments (contimced) : civil marriage 102 shooting off guns 103 reading common prayer . . . . 1 03 Irish bondservants 103 plundering vrrecks 110 the currency Ill the roads or paths . . . 76, 111 the sheriff Ill waste of timber Ill Flatt's Bridge HI destroying palmettos .... 346 free negroes 364 ■ tying up cattle 390 want of a physician 300 a dangerous well 390 Prickle-burr, its extirpation .... 464 ' Principal ' tobacco 191 Printing of laws 166 Private ships prohibited . . . 402, 413 Private trade 405, 448 Privateers and pirates . . 525, 560, 562 Privy Council in relation to the Ber- muda Company 469, 476, 477, 478, 479 488, 490, 494, 507, 541 Privy Council letter to Coney . . . 866 Proclamations — Porster, July 16, 1652, social dis- orders 34 January 29, 1653, trade with a Dutch interloper ... 37 April 26, 1663, social dis- orders 40 November 17, 1663, leaving boats unguarded .... 43 May 6, 1666, frauds in the tobacco trade 70 November 6, 1686, slave re- gulations 96 June, 1658, prices of com- modities 113 January 14, 1659, horrid abuses of wreckers . . . 124 July 5, 1669, accession of E. Cromwell 126 M:arch8, 1660, waste qf cedar 130 October 2, 1660, the Restora- tion 135, 138 January2, 1661, the Quakers 145 February 28, 1661, against unlavrful sale of liquor . ] 46 July 10, 1661, ditto . . .160 October 18, 1661, a dan- gerous Irish and negro plot 169 May 16, 1662, tobacco, olive- trees, boats 175 May 7, 1664, appointing a fast-day 214 July 26, 1664, vice and im- morality, negro disorders . 216 756 INDEX OF SUBJECTS. PE?) ^^™ Proclamations (^continued) : August 2, 1665, appointing a fast-day 234 August 11, 1665, measures of precaution 240 January 19, 1667, appointing a fast-day 247 August 20, 1668, against frauds in tobacco . . . 268 January 5, 1669, against va- rious corruptions . . . 270 Heydon, May 20, 1669, enforce- ment of the laws 286 November 13, 1669, relative to the negroes .... 293 February 4, 1670, the Caro- line expedition .... 298 April 28, 1670, nuisance from dead whales 310 May 17, 1670, legal pro- cedure, the whale fishery . 311 June 16, 1670, against va- rious corruptions . . .318 May 16, 1676, appointing a fast-day 350 June 15, 1672, orders re- lating to defence . . . 366 May 3, 1673, ditto. . . .379 January 10, 1674, a dan- gerous negro plot . . .391 February 13, 1675, social disorders, sounding in channels 498 June 17, 1676, a royal pro- clamation 442 March 16, 1676, promul- gating various laws . . . 450 January 17, 1679, enforcing sundry laws 454 November 1, 1684, asserting the Company's authority . 536 February 6, 1685, proclaim- ing James II. .... . 543 Profanity 64, 111 Protective laws 447, 454 Protests notarial 221 Provisions, free trade in, allowed . . 61 Public lands 89, 189, 647 prayer 170 property 643 worship 290 Punishment 349 Puritan party 26 QUADROONS 390 Quakers, see also Index, Nominal. Bullock, Francis 460 Bullock, Patience .... 291, 460 Butler, Anne 377, 379 BEN ^*-°'^ Quakers (coniirmed) : Carter, Elizabeth . 374, 376, 378, 434 Coates, Maria 249 Estlook, Estlake, or Islock, Francis 137 250, 266, 290, 460 Forster, Mrs. Thomas .... 290 Lea, Mrs. Pliilip 290 Finder, Eiehard 132 Bichards, John 250 Eighton, William, jun. . . 312,377 Eose, George 132, 137 Smith, Henry 161 Smith, William . . 250, 266, 290 Tatham, Mrs. Nehemiah . . . 291 Watkins, Mrs. William .... 290 White, William .... 368, 374 Wilkinson, Parnel 374, 376, 379, 651 Wilkinson, Eobert 228, 243, 250, 290 301, 374 Wilkinson, WiUiam . 248, 249, 250 256, 303, 460, 601 Woodhall, Thomas 250 Quakers, Acts against . 202, 273, 274, 287 their arrival 132, 272 charged with blasphemy 249, 250, 453 Company's orders regarding . . 251 disputations with . . 133, 460, 639 disturb congregations 249, 250, 274 374 marriage with 186, 274 not allowed an advocate . . . 312 proceedings against 215, 256, 312, 346 368, 378, 434, 453 proclamations relating to . . .145 toleration of . . . 161, 183, 251 violences offered to 301,228, 244, 249 377, 378 refuse to serve . . . . 137, 243 Quarter Courts, see Courts. Quit rents 658 Quo warranto, writ of — the first 477, 481, 485, 486, 490, 494 495, 496, 503, 505, 609, 518 the second 491, 512, 518, 626, 527 539 EABBITS 159 Ealeigh, Sir W., reference to Bermuda 671 Eats, the plague of 585 Readers, lay . 3, 64, 66, 68, 85, 363, 447 Eeader, W. Milborne 363 W. Eighton .56,68,85,99,122,561 Eebellion, see Eising. Eegicide, estates conficated .... 164 Eegiment, the first in Bermuda . . 570 Registration of births ....'.. 444 lands 421, 593 Religion, state of 433, 487, 608, 616, 561 Eendezvous 76, 111 INDEX OF SUBJECTS. 757 REN ^•^<"' Rents, examples of . . 78, 180, 188, 189 Reports, Governors' ...... 565 Keprieve, peculiar 140 Reprimands, the Company's 361, 463, 496 Eepublicanism 453 Republican party . . 28, 118, 127, 663 Restitution, see Compensation. Restoration, the, proclaimed . 135, 138 Restrictions on trade 385 Retail prices regulated 42, 46, 64, 102, 110 319 Reyenue of the Company . . . 186,534 the Crown's . . 548, 658, 564, 669 laws 534 Rewards 464 Ribbons, varieties of 220 Rich, R, his verses, 1610 . . . .573 Riche, Sir Nathaniel .... 122, 594 Riding the cannon 585 Righton, W., his origin ... 85, 561 appointed a reader 85 forbidden to officiate ... 68, 99 defends the Quakers .... 377 removed i 12fl sent to England 202 Rising, Royalist, of 1649 . 67, 65, 68, 83 85, 88, 101, 118, 121 Roads and paths 76, 150 Roanoke timber trade 194 Roguery in the tobacco trade, see Frauds. Governor's proclamn. agst. . 70, 268 Rolls of tobacco 71 Roman hand 74 Rose, George, imprisoned . . . .137 Round Hill Island 654 Royal colours insulted 453 restored 135, 139 Royal Letters, see Charles U. Royal Society 252, 263 Royalists ... 66, 67, 83, 88, 118, 121 disarmed 68 Royalties, the Company's 91, 246, 276, 350 443, 472 the Crown's 549 Rum, prohibition to make it ... 421 duty upon . 42, 468, 474, 486, 535 Rumbullion 139 SABBATH, its observance 27, 33, 216, 280 Sack 13 Sackers, see Ordnance. Sacramental cup 116 Sacraments, their administration . . 447 St. Catalina 12 St. Christopher's 10, 461 St. Eustatia 230 Sailing on Sunday forbidden . . 27, 33 Sailing orders, 1658 108 SHI >'*«'* Salary, the Governor's ... 19, 180 ministers 83, 93, 172, 175, 208, 276 656, 561, 593 the Muster Master's 205 schoolmaster's 206 Salvage, award of 106 ministers' 83, 276, 593 Sawyers 64, 76, 102 Sayle, Nathaniel, alarm about . . .169 Sayle, Capt. William, Governor .charges against him .... 117,118,119 his rights in Eleutheria . . . 236 his connection with Providence Island and Carolina , . 265, 640 Scandal and defamation 183 School kept in churches 397 School-house 206, 207 lands . 127, 166, 176, 180, 188, 206 393, 671, 681, 688, 696, 701 Schoolmasters 51, 58, 131, 206, 207, 390, 506 Schools ... 3, 37, 127, 131, 176, 397 Scottish bond servants 46, 81, 115, 140, 177 Scripture readers, see Readers. Seamen, treatment of . . 68, 111, 116 Searcher and surveyor 92, 123, 415, 484 Secretaries, .Colonial — Thomas Stokes , 2 Josias Fforster 2 Anthony Jenour 29 John Vaughan 124 Henry Smith 127 Henry. Tucker 118, 228, 308, 458, 606 Cornelius White 363 John Jannye 567 John Tucker 518 Secretary's fees (Company's) . . .137 Sigatoo, Sigatea, or Cigateo . . 20, 46, 95 Servants allowed to public officers 19, 152 want ef 134, 328 offence of tampering with . . 74 Seylaer 110 Seymour, Florentius, Governor . 52, 1 86 reappointed 502 his death 511 Shakespeare, question as the Bermoothes 573 Sharks, claimed a royalty, 1665, MS.iv. p. 60 Shelley or Shelly Bay 662 Sheriff, inefficiency of Ill dismissal of 329 antagonism to the Governor 657, 660 a new house refused 418 Sheriffs, see Index of Names. Stephen Paynter . . . . 63, 111 John Somersall . , . , 118,120 John Nichol 179, 218 John Rawlings 262 R. Stafford . . . 269, 309, 329 A. Jenour 209, 329 Sheriff's house added to the Secretary's 198 Shingles used for roofing 39, 300, 407, 413 758 INDEX OF SUBJECTS. SHI ^*™ Shipbuilding, restrictions on 170, 204, 209 472, 474, 478 plea for 193 Shipment of tobacco, orders regarding 209 Shipments, clandestine 146 Shipping law, 1664 .... 209, 483 Shipping, list of — 'Anne' 106,110,111 ' Arcania Merchant '. . . 346,360 ' Bermuda Magazine ' .... 547 ' Bermula Merchant ' 255 ' Bermudian's Adventure ' . 2 1 9, 220 ' Charles I.' 459 ' Charles of London ' 448 ' Constant Love ' . . 517, 518, 535 'Diamond' 306 ' Eagle of London ' 124 'Elephant'. 395,398,403,405,442 •Elizabeth and Anne' 44, 82, 89, 148 'Employment'- . . 63,68,83,89 ' Fortune of London '. 401, 406, 412 'Franoeena' 166 ' Francis ' Ketch 379 'Friend's Advice' 496 ' Friendship of Loudon "... 222 H.M.S. 'Globe' 647 'Hopeful!, James' . 142,146,148 'HopefullLuck' 83 'Hopewell'. , 415 ' Imployment,' see 'Employment.' ' John ' . 86, 450, 456, 459, 481, 496 ' John and Samuel ' . . . 569, 663 ' Joseph and Anne ' . . . 450,517 ' King of Poland ' 8 fMarigold' 307, 311,322, 347, 357 361, 457 ' Martin ' Oalley 99 'Mayflower' 624,629 ' Merchant's Adventure ' . . .517 'Nicholas,' 1677, MS. viii. p. 18. ' Orange-tree ' . . . .68, 346, 360 ' Ould St. Jacob of Amsterdam ' 412 ' Owner ' of Plymouth .... 346 ' Owner's Advice ' . . . . 484, 492 'Paul' 99 'Prince' 341, 349 'Prosperous' . . . 166,382,547 • Providence ' 409, 496 'Real Friendship,' MS. iv. p. 61. ' Resolution ' 452 H.M.S. 'Bose' 552 ' Royal Port ' Merchant. . . . 346 ' St. Francis and St. James' . .182 ' Samuel of London ' 236 ' Samuel's Adventure,' MS. viii. p. 3. ' Sea-flower ' 398 'Society' 506 ' Somer's Island Merchant ' alias 'Swan,' 82, 88, 101, 122, 134, 153 175, 222 STO ^*™ Shipping list {continued) : 'Thomas and Elizabeth' . . .211 'Tryal' of Bermuda, 1677, MS. viii., p. 11. 'William' . 107, lOfl, 148, 149, 169 Ships require licences to sail . . . 398 Shipwrecks, see Wrecks. Shooting of guns 103 Silver, a sow of 155 oar 574 Slander and tale-bearing . . . . 72, 73 Slaves, bequest of 70 crown 547, 558 exported 461 imported 157,166,461 offspring of 427, 648 recaptured in England 126, 128, 130 153 service limited 184 armed 242, 366, 380 too numerous 506, 563 see Indian. Slavery, defence of 293 Smoother (Smother?) 183 Smuggling, its prevalence. . . 329, 346 Smith, H., commonwealth man, his compensation 127 his appointment 173 Smith, Rev. Sam., his conflict with Governor Whalley . 267, 268, 277, 281 286, 289 Smith or Smythe's Fort . . 75, 398, 647 Snite or snipe 263 Society in Bermuda, permanency of 475 539 Somers Islands, see Surveys. Somershall, John, sent home . . . 202 Sounding in the channels . . . 373,409 Southampton Fort . . .52, 75, 208, 650 Southey's West Indies .... 213, 230 Spain, war with 75 Spaniards, their jealousy of English colonisation 21 Spanish aggression 220 currency 288 designs on Bermuda , » . . 75, 94 vessels, reception of , . '77, 182, 184 wrecks 36, 78, 112 Spprmaceti 254, 414 Spiced wine at funerals 15S Spiders, fables about .... 263, 265 Stafford, J., sheriff, dismissed . . .329 Standards of weight and measure 308, 318 State service for May 29 147 Statistics of 1676 429 Stigmatising (branding) 161 Stocks, punishment of 271 Stores, none sent for thirty-seven years 570 Stowe's Annals, bequest of ... . 280 INDEX OF SUBJECTS. 759 ST(T PAGE Sto-we, J., disfranoliised 313 Strangers to pay double duties ' . . note trade of 205 Strong liquors, importation of ... 90 Sufferers, republican . . .85,118,127 royalist 91 Sugar-boiling 403, 446 Sugar-canes 330, 362, 420 Suicide ■ . 54 Summa Theologise of Thomas Aquinas 278 Supplies, -want of 18 Survey, Norwood's . .129, 156, 229, 283 Survey of ships ........ 149 Swearing, see Presentments. TANNERS. Tanning 73 Taraeo or Tarris . . .93, 208, 256 Taxation, complaints of . . . . 14, 22 Taxes and levies, enactments relating to 90, 452 Tenants and landlords 593 Testimonial, clerical 100 Thatched houses, risks of .... 407 Tides, concerning the .... . 253, 263 Timber, the preservation of 102, 130, 170 178, 306, 593 ■ Titles of land 53 Tobacco — badness of 84, 135, 187, 268, 464, 482 British, growth of 113 chests of, cedar 322 Company's monopoly of exporting 56 195, 323, 481, 482 contraband trade in 82, 92, 142, 202 328, 409 crop, season for it 306 cultivation in England . . . .113 current prices of 321 division of . . . 62, 71, 159, 320 duties on . . 5, 50, 121, 186, 534 foreign, taxed 322 frauds in 135 houses fot curing 360 improvement of . . . 38, 166, 167 legal tender 316 licence to export .... 50, 121 restrictions of the trade . 62, 174, 176 sale not free before division . . 62 thefts of 129, 190 trade, according to Perient Trott 196 taxation, see Duties and Levies. Torches of palmetto leaf 318 Tortola, the Island of 229, 232, 233, 237 238 260 276 Tortola negroes 178, 231, 260, 266, 276*, 305 328, 351, 356 Tortuga salt 230, 232 WED I'ASH Town Harbour 5, 61 Trade and shipping . . . 142, 431, 432 Train bands, Koyalist 68 Transportation to Bermuda . . . .152 Treachery, charges of 64 Treasonable language 125, 162, 195, 460 464, 487 Treasurers 61 Treasure-trove 78, 112, 369 Treasury reports 542 Trespassing 315 Tribal answers 351 Troops of horse 569 Trott, Perient, defies the Company . 323 his goods seized . . 414, 416, 419 his lands seized .... 416, 4't5 his pamphlet, 1676 . . . 446,489 Eoyal letter regarding 386, 395, 410 412 Trunk Island 180, 662 Tucker's Island 654 Turf and twig 493 Turkeys 45 Turkish pirates 622 Turks' Islands 465 Tumor, late Governor, his goods seized 5, 13 Tying cattle across paths ... 73, 409 TTNIVERSAL history 229 U Unnatural crimes 25 ■yAUGHAN, Eev. H., appointed . . 207 T Vaughan, John, suspected of murder 140, 147, 169 Vaughan, Eev. J., jun., not in orders 556 557, 561 Vaughan, Eev. J., sen., death of . . 499 Vices, see Presentments. Virginia, Spanish jealousy of ... 21 Vital statistics, 1676 432 Voting in Council, practice of . . . 394 WAGES of seamen 223 Wales, the market for Bermuda tobacco 371 War, alarms of 75, 91, 225, 227, 239, 241 364, 367, 373, 379 Ward, Leonard, land restored ... 57 Warwick, Earl of, his estates 650, 661, 672 his co-heiresses .... 414-416 Warwick Fort 91 Water measure 31 Weavers on Longbird Island . 80, 90, 107 Wedding in 1634, allusion to one . . 221 Order of Quarter Court, April 12,1654. MS. in Record Office. 760 INDEX OF SUBJECTS. WEI ^AQE Weights and measures to be tested 316, 318 Wells to be rendered safe 390 Whales, account of 254 carcases, annoyance from . 310,316 flesh eaten 203 oil, returns of 266, 275, 282, 283, 327 spermaceti, fight over .... 437 value of 649 Whale fishery, the first 181, 203, 209, 214 245, 246, 257, 261, 283, 303, 311, 684 disturbance in 202 shareholders ........ 303 the second 357, 359, 436, 437, 443 610, 520 Whale-fishing, illicit . 223, 261, 469, 472 grievances 469, 471 Whalley, Governor, dismissed . . . 299 Whippings, administration of 72, 141, 271 291,314 White, Eev. Nat^., superannuated . 276 his last -viU 277 White Heme Bay 655 Widows of ministers 307 Wife selling 100 Wigglesworth, Kev. M., his visit to Bermuda 199 Wilkinson, W., commonwealth man, selected to command the castle . 7, 94 Wine funeral , 158 Winthrop's History of Massachusetts 12' Wire-weed, extirpation of 292 Witchcraft, indictments for 40, 43, 64, 61 270 see Appendix X. p. 601 Witches, persons accused as — *Jeane Gardiner 602 Anne Bowen 603 Eliz. Middletou 603 Henry Ward 604 *Jbhn Midleton 604 "Christian Stevenson . . . .610 TOU I'AOB Witches {continued) : * Mice Moore 618 Goody Brangman 623 Eliz. Page C24 *Jane Hopkins 627 Grace ,Bedw.ell. ...... 627 Mrs. Miller % 628 Goodwife Moore ,,,... 628 Goodwife Crockford 629 Nicholas Hon 629 William Haynes 629 Christian North 630 Susan Cole 630 Martha Franklyn 632 Gillian Abbot 632 Eliz. Ward 632 Sarah Spencer ....... 633 Sarah Bassett 633 Wonder-working Providence ... 9 Worcester, prisoners of the battle of . 81 Wreckers, ancient misconduct of 36,110 124, 333, 457, 564 modem practices of .... . 467 Wrecks, Admiralty right to ... . 340 salvors' rights 115,593 Wrecks, list of — a Spanish vessel, \p. 1,642 . . 6, 22 the ' Hopeful Luck,' 1665 60, 83, 84 124 'Swan,' 1655 60,82 'Anne,' 1668 . 106, 110, 111, 115 ' Eagle,' of London, 1668 . . 124 ' Friendship,' 1664 . . . .222 ' True Love,' of Bristol, 1670 332 'L'Amitii' 550 French (anon) 664 YORK, the Duke of. Lord High Ad- miral 340, 349 Youmans, Sir J., his expedition . . 298 •' AH executed. END OP THE SECOND VOLUME. LONDON : PRINTED RY SPOTTISWOODE AND CO., NEW-STREET SQUARE AND PARLIAMENT STREET