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 V.I 
 
 Acts of the Privy Council of England. 
 
 3 1924 026 356 299 
 
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ACTS 
 
 OF THE 
 
 PKIVY COUNCIL 
 
 OF ENGLAND. 
 
 COLONIAL SERIES. 
 
 VOL. I. 
 
 AD. 1613-1680. 
 
 EDITED THROUGH THE DIRECTION OP THE 
 
 LORD PRESIDENT OF THE COUNCIL 
 
 BY 
 
 W. L. GRANT. M.A.. 
 
 Beit Lecturer in Colonial History in the 
 University of Oxford, 
 
 AND 
 
 JAMES MUNRO. M.A., 
 
 University Assistant in History in the 
 University of Edinburgh. 
 
 UNDKK THE QENEKAL SUPEKVISIOIT OT 
 
 ALMERIC W. FITZROY. C.V.O., 
 
 Clerk of the Privy Council. 
 
 PTJBIilSHED BY THE 
 AUTHOKITY OF THE LOEDS COMMISSIONERS OF HIS MAJESTY'S TREASURY. 
 
 HEREFORD: 
 
 PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE, 
 
 BY ANTHONY BROTHERS, LIMITED. 
 
 And to be purchased, either directly or through any Bookseller, from 
 WTMAN" & .SONS, I/TD., PETTBR LANE, B.O. ; or 
 OLIVER & BOTD, TWEEDALE COUBT, EDDranBOH; or 
 E. PONSONBT, 116, GBAITON STREET, DDBLnr. 
 
 1908. 
 
 Price Ten Shillings. 
 
V. I 
 
 A' 2.3?. J-V*^ 
 
CONTENTS. 
 
 PAGE 
 
 Preface ^• 
 
 Errata xxxix. 
 
 Acts of the Privy Cotincil 1 
 
 Appendix 
 
 Index 
 
 889 
 891 
 
 Wt. 16497/84 750. A. B., Ltd. 
 
A-z^-ix^^ 
 
PREFACE. 
 
 Between 1834 and 1837 Sir Harris Nicholas published seven Origin of 
 volumes of "The Acts of the Privy Council" bringing the *^'' ^""^^ 
 record of the proceedings of that body from the earhest times 
 down to 1542. Prom 1890 to 1906 a new series was issued 
 under the editorship of Sir J. R. Dasent, the 32 volumes of 
 which carry the record to the death of Queen Elizabeth. 
 Further than this the Treasury do not for the present propose 
 to continue it. 
 
 Thus the published records of the Council ended just where 
 its colonial activities began. The Elizabethans had indeed made 
 Empire possible by weakening the power of Spain, and by their 
 daring infringements on her monopoly ; their traffics and 
 discoveries in many lands had filled England with the lust 
 of a.dventure and of travel ; but the attempts at colonisation 
 of Raleigh in Virginia and of Gilbert in Newfoundland had 
 been failures. By the end of the reign of James I, Virginia 
 had not only been refounded, but had passed from the control 
 of a Company to the King ; at Massachusetts Bay the Puritans, 
 though looked on with httle royal favour, had estabhshed a 
 theocracy among the wilds of the north ; the Bermudas, then 
 usually known as the Somers, or Summer, Islands, were 
 flourishing ; in 1625 the joint English and French occupation 
 of Saint Christopher was at once the beginning of our West 
 Indian Empire, and the presage of the bloodshed which was 
 to stain it. 
 
 The share of the Council in the work of colonial admin- 
 istration was known to have been large ; and it has been 
 found possible to make an arrangement, partly through 
 the generosity of private persons and bodies, and partly 
 through that of the Treasury, for pubUshing a record of 
 
vi PREFACE. 
 
 these activities. Funds sufficient to defray the expenses 
 of two editors and of a transcriber have been provided by 
 the Carnegie Trust for the Universities of Scotland, on 
 the initiative of its Chairman, the Earl of Elgin, then 
 Secretary of State for the Colonies, by the American 
 Historical Society, the Canadian Archives Department, and 
 Mr. H. E. Egerton, Beit Professor of Colonial History 
 in Oxford University ; the Treasury have agreed to bear 
 the expense of the printing and publication of a limited 
 number of volumes. By the kindness of Mr. A. W. FitzRoy, 
 C.V.O., Clerk of the Privy Council, who from the first took 
 the greatest interest in the undertaking, and to whose efforts 
 it is largely due, a room and all other facilities were provided 
 at the Council office. The present editors were appointed, 
 and began work, under instructions from Mr. FitzRoy, in 
 November, 1907. 
 
 Records The MSS. Records of the transactions of the Council, now 
 
 Council."^^ preserved at the Council Office, fall into three parts. 
 
 (1) A large number of foho volumes, similar to those described 
 by Sir John Dasent, written by one or other of the Clerks of 
 the Council, and giving a chronological account of its 
 proceedings. The volumes to May 1, 1613, containing the 
 record of the first ten years of James I., were biu-nt in 
 the fire at Whitehall of 1618. From August 30, 1645, to May 3, 
 1649, the confusions of the Civil War cause another blank. 
 
 (2) The " Plantation Register," bound separately, in which 
 from 1677 to 1806, though with certain gaps, are recorded 
 various colonial laws passed or approved by the Council, the 
 Instructions issued to Governors, and certain formal letters 
 written to them. (3) A large mass of unbound papers, 
 consisting mainly of petitions and reports submitted to the 
 Council by the Board of Trade, and beginning a little before 
 the reign of Queen Anne. The Register itself has been carefully 
 and intelhgently indexed ; the Plantation Register contains 
 a short Index at the end of each volume ; the unbound 
 papers are merely arranged in a rough chronological order. 
 
PREFACE. yjj 
 
 These three sources, however, do not contain a complete 
 record of the work of the Council. The matters discussed 
 were sometimes too secret, sometimes too trivial, to be 
 entrusted to the Register ; the Clerk was sometimes careless 
 or indolent ; in the Calendars of State Papers and in other 
 printed collections are found references to proceedings of the 
 Council of which no trace occurs in the Register. Of such of 
 these as relate to the colonies a list is given at the end of each 
 volume, though others probably remain in the uncalendared 
 collections of the Public Record Office. 
 
 Owing to the immense mass of material after the accession 
 of Charles II and the hmited number of volumes to which 
 we were restricted, it soon became evident that to give m 
 full all the extracts would be impossible. Nor would it have 
 been advisable. Much of the work of the Council was 
 purely formal ; and its reproduction woidd have involved 
 endless repetition. We have, however, endeavoured in every 
 case to give the essentials in the words of the original, and 
 to condense only the verbiage. How far this has been done 
 can easily be seen, everything in the body of the text which 
 is due to the editors having been enclosed in square brackets.* 
 The notes and marginal references, though not so enclosed, 
 are also our own, save in one or two cases where quotation 
 marks show that they are from the Register. 
 
 The Register of the Council has been for some time open to 
 historical students, and numerous extracts from it have been 
 pubhshed in various forms. It was at first our intention 
 to append a reference to any extract which had been already 
 published, but we have decided to do this only in the case of 
 the great series of Calendars of State Papers in course of 
 piibhcation by the Master of the Rolls. 
 
 * In our opinion the adoption of some such system would add to the 
 usefulness of the "Calendars of State Papers, America and West Indies." 
 The calendars in this series are often so full as to be really transcriptions of 
 documents. Some such system as we have employed would enable the_ 
 historian to see whether the exact words of the original are given, and the 
 additions to the length of the sections would be inflnitesiraal. 
 
yjjj PREFACE. 
 
 The present series will be of value to the historian of the 
 Colonies chiefly as supplementing the Calendars, the colonial 
 series of which has now reached 1699.* More and more as 
 time went on, the Council tended to refer matters to 
 Committees, whose papers are for the most part in the Record 
 Office, and therefore figure in the Calendars. Again and again 
 one finds in the Calendars the petition, or perhaps the report 
 of a Committee upon it, and in the Register the final resolution 
 of the Council. Cf. e.g. [6] with C.S.P. (Am. and W.I.) 
 Vol. I. p. 15, February 22, 1615. It is hoped that by the use of 
 the index, students will be enabled to refer without difficulty 
 from one series to the other. After the cessation of the 
 Calendars, the present series must be used in conjunction with 
 such pubUcations as the Documents relative to the Colonial 
 History of New York, (11 vols) edited by E. B. O'Callaghan 
 and J. R. Brodhead, the Colonial Records of North 
 Carolina (16 vols), and the numerous collections of documents 
 pubHshed by the State Governments and Historical Societies 
 of the United States. 
 
 Owing to the limited number of volumes at our disposal, 
 we have been compelled to omit all extracts from the 
 Plantation Register, save that in Vol. I. we have included 
 [1202-3, 1209] extracts from certain proposed laws for Jamaica, 
 which help to illustrate the constitutional struggle then 
 begiiming. The rest of its contents is for the most part 
 either formal, or repeats papers of which several copies are 
 preserved at the Record Office. We understand also that 
 the commissions and instructions to the governors of the 
 continental colonies are being prepared for pubhcation by 
 Miss Adelaide R. Hasse. It has therefore seemed sufficient to 
 
 * For convenience of reference we have referred to the Calendars of State 
 Papers (America and West Indies) as C.S.P. and to the respective volumes as 
 follows : 
 
 1574-1660 = I. 1685-1688 = VII. 
 
 1661-1668 = 11. 1689-1692 = VIII. 
 
 1669-1674 = III. 1693-1696 = IX. 
 
 1675-1676 = IV. 1696-1697 = X. 
 
 1677-1680 = v. 1697-1698 = XI. 
 
 1681-1685 = VI. 1699 = XII. 
 
PREFACE. iX 
 
 print at the end of each volume a brief list of its contents for 
 the period in question. 
 
 All proclamations issued between 1607 and 1783 relating 
 to America and the West Indies are shortly to be published 
 under the editorship of Mr. Clarence S. Brigham of the 
 Rhode Island Historical Society. The originals may be found 
 by consulting the Hand List of Proclamations (1893) issued 
 by Lord Crawford, under whose direction a Calendar of all 
 Tudor and Stewart Proclamations up to 1714 is shortly to be 
 published by Mr. Robert Steele. We have therefore thought it 
 sufficient to give simply the titles of such as occur in the 
 Register. But while thus compelled to keep within strict 
 limits, the editors believe that no reference to the colonial 
 activity of the Privy Council in either the Register or the 
 Plantation Register has been, left unmentioned. The mass 
 and importance of the unbound papers render their inclusion 
 at present impossible, but it is hoped that some arrangement 
 for making them more accessible than at present may be 
 reached. 
 
 Even after such general decisions as to proclamations and Selection 
 
 Ot IVI&it)6ri£lI. 
 
 instructions had been formed, a wide margin of selection was 
 left to the editors in the case of extracts only slightly or 
 indirectly affecting the colonies. Should the papers referring 
 to Sir Walter Raleigh's last voyage to Guiana be given ? If so, 
 are the references to his subsequent trial and execution to 
 be included ? How far are the doings of the Royal African 
 Company on the West Coast of Africa in quest of slaves for 
 Virginia and the West Indies to be related ? A ship sails 
 from Newfoundland for Plymouth laden with fish ; on the 
 way she is captured by a Dutch privateer, and retaken by 
 a French man-of-war. Vexatious questions of international 
 law arise ; is the mere fact that she sailed from a colony 
 sufficient to warrant a detailed account of the case? Often 
 when debating such questions the editors have wished that 
 the series planned by Sir J. R. Dasent might have been 
 continued, even if on a less generous scale. Our principle has 
 
PREFACE. 
 X 
 
 been to include everything of direct interest to the student 
 of British colonial poHcy, administration and history ; matters 
 which depended for their interest on something non-colonial, 
 and in which the mention of the colony was purely accidental, 
 have been omitted. 
 
 Treatment Another question which arose was the extent to which the 
 of Material. ^^^^^ ^^ ^^^^^ present should be inserted. To do so in every 
 case was a counsel of perfection, rendered impossible by our 
 limits. Up to the reign of Charles II we have retained them 
 for matters of importance ; thereafter they have almost always 
 been omitted, though the signatures to a letter or to the 
 report of a Committee have in cases of pubhc importance been 
 given. 
 
 In the earlier volumes, in which strict chronological order 
 is not always observed [c/. 79-80], we have been troubled by 
 uncertainties of name and place. Thus [37] there was a meeting 
 on April 18, 1619, but no place of meeting is given. That of 
 April 11 was held "At the Bishop of London his house in 
 London " ; that of April 21 " At the Starr Chamber." In 
 this and a few other cases we have left the place of meeting 
 blank, but in most cases there is evidence that where the 
 Clerk has not inserted the place of meeting, it may be regarded 
 as continued from the previous entry. 
 
 In dating extracts we have employed the new style as to 
 the year, save in one or two cases in the body of the text 
 where both old and new style have been given. The day of 
 the month has been left as in the Register, i.e., O.S. up to 1753, 
 N.S. thereafter. In transcribing names the spelling of the 
 Register has been left unchanged. In the summaries we have 
 usually given the modern form though occasionally the original, 
 when the name appears only in the summary. In the index 
 the modern form has been employed. 
 
 In the transcription of manuscript the spelling of the 
 original has been retained ; so also has the system — if 
 system it can be called — of capital letters and of punctuation. 
 
PREFACE. xi 
 
 Contractions have been expanded. To the purist this may 
 seem a defect, and to this extent the series is certainly a less 
 faithful reproduction of the original than, e.g., the Records 
 of the Virginia Company, now being edited by Miss Gertrude 
 Kingsbury. Such faithfulness to the original is, however, open 
 to two objections. The reproduction of some of the contractions 
 of the seventeenth century involves the casting of fresh type ; 
 and the result is exceedingly trying to the eyes. It is 
 doubtful if the historian gains much by being dazzled by such 
 coiatr actions as Lips, for Lordships. 
 
 At the end of each extract we have given a reference to 
 its place in the Register. Some of the earlier volumes are 
 numbered not by pages but by folios ; in these cases both 
 recto and verso are cited by the niimber of the folio, to the 
 verso being added a, b. In each case the section number 
 refers to the first section which begins on the page. 
 
 So far as possible references have been given in chronological 
 order. ' Exigencies of space have compelled us, in some cases, 
 to group several purely formal references into one section, 
 e.g., 690. We have also allowed ourselves one important 
 deviation from our principle, and from the Restoration 
 have grouped into one large section at the end of each 
 volume of the Register the numerous passes given to ships 
 to trade with the colonies. 
 
 On the whole a study of the Register adds more to our The Privy 
 knowledge of British colonial pohoy and administration than and Hs Com- 
 
 , . .. T. ■ , • 1 1 J mittees for 
 
 to that of the internal history of any British dependency, plantations. 
 The present record of its activities gives a most favour- 
 able impression of the Council as a governing body, 
 anxious to help, willing to take advice, free from preconceptions. 
 Though necessarily giving over more and more of the routine 
 work to various committees and commissions, it did not— 
 during the period covered by this volume— become a mere 
 recording body. Instructions were given to committees as 
 to the lines on which they should proceed [522], and 
 
jjj PREFACE. 
 
 their reports were seriously discussed, and on occasion 
 altered. It was not afraid, on occasion, to change its 
 decisions on fuller information [130, 131, 564-6], or to 
 make a handsome apology to a man unjustly censured 
 [240, 245, 261, 264]. It showed a constant desire to help, 
 and in every way endeavoured to promote colonial prosperity, 
 [208, 630]. Even to a colony Hke New England, which 
 rested more or less permanently under suspicion, justice and 
 even favour was shown [258 and 306]. In this connection, 
 the omission of names has done an injustice to the last two 
 Stewart kings, especiaUy to Charles II. If he sometimes 
 yawned in Council, as Pepys would have us beheve, and as 
 is by no means unlikely, he was unfailing in his attendance. 
 " The King's Most Excellent Majesty " figures at the head 
 of the list of those present much more regularly than did his 
 royal father and grandfather, and clauses in the letters sent 
 out to governors often have a special word or two added 
 by the monarch himseK.* 
 
 The gradual development of the system of Committees 
 has recently been traced with great thoroughness and lucidity 
 by Professor C. M. Andrews, f who has supplemented the 
 references in the Register by a careful study of the State 
 Papers and other sources. At first temporary committees 
 were appointed to examine into single questions ; of these 
 the first recorded in this volume is that appointed on 
 November 4, 1618, to inquire into the grievances of the 
 Western Ports against the Newfoundland Company [31 J. 
 So on July 16, 1622, the dispute between John Bargrave and 
 Sir Thomas Smyth, Treasurer of the Virginia Company, was 
 referred to a Committee [86], a minute of one of the sittings 
 of which has been entered in the Register [92]. From this 
 
 * Yet in the Notes which passed at meetings of tfie Privy Council between 
 Charles II and the Earl of Clarendon, 1660-1667, edited from the Clarendon 
 Papers in the Bodleian by Rev. W. D. Mackay, M.A., F.S.A. {Boxburghe 
 Club), 1896, there is but one reference to colonial matters, and that is by 
 Clarendon. 
 
 t British Committees, Comm.issions and Councils of Trade and Plantations, 
 1622-1675, by Charles M. Andrews. ^Johns Hopkins University Studies, 
 Series XXVI, Nos. 1-3, Baltimore 1908.) 
 
PREFACE. XJjj 
 
 time colonial matters were frequently referred to such Com- 
 mittees or Commissions, which often included members not 
 of the Privy Council itself, [97] ; thus in 1623 and 1624 several 
 sets of Commissioners were appointed " to inquire and search 
 into all abuses and grievances " connected with the Virginia 
 and Somers Islands Plantations [98, 122, 123]. The 
 Commission appointed on June 24, 1624 [122, 123] consisted 
 of 16 members, of whom eight were members of the Council ; 
 six were to form a quorum, " whereoff two to bee of his 
 Majesties Privie CounciU." During the Canada dispute 
 (1629-32), various sub-committees were appointed [e.g., 223, 
 234]. On December 19, 1632, the first Committee of Council for 
 plantations of a broader scope was appointed — the Committee 
 on the New England plantations [307]. This Committee was 
 re-appointed in 1633 [313], but was soon overshadowed by 
 the Commission for Foreign Plantations, in reahty a Committee 
 of the Privy Coimcil, which was appointed on April 28, 1634 
 [330: cf. C.S.P. I. p. 177], renewed on April 10, 1636 [C.S.P. I. 
 p. 232], and remained in existence till August 1641 [C.S.P. IV. 
 p. 193]. Though given the most extensive powers, no 
 machinery for enforcing its decrees was provided, and the 
 special committees of experts which were appointed for 
 particular questions are really of greater importance. The 
 first mention of " Sub Committees for forraigne Plantations " 
 in the Register is on June 27, 1638, but the name is the only 
 novelty [391]. 
 
 The activities of the successive Councils of State and of the 
 Council of Trade during the Commonwealth are beyond our 
 province. Soon after the Restoration, on July 4, 1660, a Com- 
 mittee was appointed to sit twice a week "to receive, heare, 
 examine, and deliberate upon any Petitions, propositions, 
 Memorialls, or other Addresses which shalbee presented or 
 brought in by any person or persons concerninge the Plantations, 
 as weU in the Continent as Islands of America. And from tyme 
 to tyme make their Report to this Bord of their proceedings." 
 [484]. This body " had aU the essential features Qi a, 
 
XIV PREFACE. 
 
 standing Committee and, after the experiment with separate 
 and select Councils had proved unsatisfactory, it assumed 
 entire control of trade and plantation affairs in 1675, a control 
 which it exercised until 1696."* Minutes of its proceedings 
 are entered in the register for September 15 and 25, 1662. 
 For a time, however, control of colonial affairs was shared by 
 it with the Council of Trade of 62 members, and the Council 
 of Plantations of 48 members, appointed respectively on 
 November 7 and December 1, 1660. On both of these bodies 
 the Privj- Coimcil was represented [488] and both were largely 
 under the influence of Clarendon. In addition to its standing 
 Committee, the Council continued its poUcy of appointing special 
 Committees to deal with special questions. Thus on October 17, 
 1660, " A Committee to consider of the Businesse of Jamaica " 
 is appointed, [491 : see also 522] ; on March 8, 1661, a Committee 
 on "the Island of Nova Scotia" [508]; on May 17, 1661, "A Com- 
 mittee touching the setlement of the Government of New 
 England " [513] ; on August 16, 1661, " concerning the 
 Restitution of Acadia " [529] ; and on December 2, 1663, a 
 Committee "touching the Fishing in Xe\^-foundland " [610]. 
 
 After a period of great activity, the Council for Plantations 
 came to an end early in 1665, and for some years colonial 
 affairs were managed by the Privy Council and its Committees. 
 Early in 1668 the .system of standing Committees was 
 reorganised, [747], the Committee for Trade and Foreign 
 Plantations cimsi.sting at first of 14 members, tlu^ee to be 
 a quorum, but despite this change, special committees, such 
 as that " for the Affayres of New England " [725], and that 
 on the Newfoundland trade [735] continued to be appointed. 
 
 An attempt was soon made to revive the system of 
 separate Councils [720]. In 1668 a Council of Trade was 
 appointed, and on July 30, 1670 a Council of Plantations, 
 which showed great activity, and to which numerous matters 
 were referred by the Privy Council [e.g. 826, 915]. 
 In September 1672 these two bodies were united, but in 
 * Andrew.^, op. cit., pp. 62-3. 
 
PREFACE. XV 
 
 December 1674 their commission was revoked by the King, 
 and power again centred in the reorganised Committee of the 
 Privy Council [1021]. This Council of 1672 was a paid 
 body, and its aboUtion was perhaps due to motives of 
 economy. It had been extremely efficient, and to the 
 instructions for colonial governors prepared by it under the 
 guidance of Shaftesbury and Locke, is due in large measure 
 the scheme of plantation control followed by successive 
 governments until the American Revolution. From 1675 till 
 the appointment of a separate Board of Trade and Plantations 
 in 1696, "the Right Honourable the Lords of the Committee 
 for Trade and Plantations " are the real administrative centre 
 for the British plantations, and the records of the Council 
 largely consist of references to and reports from this body. 
 
 Besides the references to the Council of Trade and to special 
 or to standing Committees [641, 770, 818] the Council fre- 
 quently referred the consideration and occasionally even the 
 settlement, of colonial matters to other officers and depart- 
 ments of state, to colonial officials, to ambassadors abroad, 
 or to committees of experts not connected with the Council. 
 Thus we have references to the Principal Secretaries of 
 State [519], the Lord High Treasurer [151], the Lord 
 High Admiral [659], to the Lords Commissioners of the 
 Treasury [714], the Lord Lieutenant of Ireland [851], 
 to the Lords Chief Justices [1119], to the Attorney and 
 Solicitor General [117 and 460], his Majesty's Advocate 
 [669], the Chancellor of the Exchequer [151], the Judge 
 of the High Court of Admiralty [321], the Farmers of the 
 Customs [368], the Commissioners of the Customs [606], 
 the Officers of the Ordnance and the Commissioners of the 
 Navy [556], the Commissioners for Prizes [739], the Com- 
 missioners of Appeals in Cases of Reprisals [1056]: to Colonial 
 Governors [e.g., 175, 558 (note), 666], to the Governor of the 
 Bermuda Company [80], to the Clerk of the New England 
 Company [441] to ambassadors abroad [997] and to various 
 committees of experts [72, 300, 795]. 
 
XVI 
 
 PREFACE. 
 
 Questions came before the Council mainly by petition, either 
 of individuals or of corporate bodies. It was thus occupied 
 mainly with cases of private interest. The chief matters of 
 pubUc importance dealt with in the present volume are aheady 
 well-known and many of the extracts have been summarised 
 in the Calendars— such as those deahng with the transportation 
 of criminals and of pohtical offenders [12], with boundary 
 disputes, with Edmund Randolph's charges against Massa- 
 chusetts, with Bacon's rebelMon in Virginia, and with the 
 attempts at inter-colonial agreements in Indian affairs or as 
 to a stint of tobacco. In more private matters Ught is thrown 
 on colonial justice by a series of cases dealing with wills or 
 with fraud on the part of the agents of absentee landowners 
 [e.g. 333] ; on the course of colonial trade, by disputes with 
 the Officers of the Customs, by requests for passes, and by 
 appeals for redress for unjustifiable seizures of ship and goods 
 by one of the other three powers still strugghng for commercial 
 and colonial predominance ; on colonial defence by petitions 
 for satisfaction for losses sustained during imprisonment in 
 his Majesty's service [741], by demands for ships and 
 munitions of war, and by the demands for their arrears of 
 West India garrisons, their creditors and executors [947, 
 1258] ; and on colonial administration by the complaints of 
 officials against governors who sought to exclude them from 
 the exercise of their office, and by revelations of a combination 
 of absenteeism with plurahty. 
 
 The greatly increased interest taken in colonial adminis- 
 tration after the Restoration is very striking. From 1613 
 to 1645 occupies §§1-483; the same amount of space is 
 covered by the first eleven years of Charles II. Under James I 
 and Charles I one hears much about the Eastland, the 
 Turkey, the Levant merchants, httle about the colonies save 
 when a quarrel among factions, as in the case of the Virginia 
 Company in 1623, or among rival traders, as in the case of the 
 Canada embroglio in 1629-32, brought them to the fore. 
 Under Charles II we have a definite colonial policy, the 
 
PREFACE. Xvii 
 
 pursuance of which is regarded as an essential part of 
 England's greatness. The transition is made to appear more 
 abrupt than it really was by the absence in this series of any 
 direct reference to the colonial activities of the Protectorate, 
 which must be sought in the Calendars of State Papers, both 
 Colonial and Domestic. Though the Privy Council of 
 Charles II maintained a shadowy existence during his exile, 
 and though a thin volume of the Register chronicles meetings 
 at Breda, Bruges, Brussels, and in the Channel Islands, it 
 found enough to do in preserving its own existence, without 
 concerning itself with that of the colonies. 
 
 Yet though the Restoration Monarchy had an undoubted ^ng^^/jije 
 insight into questions of trade and commerce, and saw the Navigation 
 part which the colonies were to play in their development, 
 its sagacity must not be exaggerated. The change is at 
 least as much due to the growing importance of the colonies 
 as to any superiority of insight in Charles II or in Clarendon. 
 This becomes clear on a close study of the Navigation Acts, 
 the famous product of the Mercantile System. The more they 
 are studied, the more they appear not as the inauguration of 
 a new policy, but as the final embodiment of the old. The 
 essence of Mercantilism as apphed to the colonies lay in the 
 pacte coloniale by which the colonies were at once guaranteed 
 the English market, and restricted to it. Such colonial 
 commodities as were " enumerated," had to be sent direct to 
 England for use or re-export. On the other hand the Enghsh 
 market was assured to them by a rebate of a large part of the 
 duty, or in some cases by the total prohibition of home or 
 foreign competition. Instances of each of these restrictions 
 may be found before the Restoration, or before the Act of 
 1651, sometimes described as the first Navigation Act. 
 
 The order of October 24, 1621, directing that commodities 
 brought from Virginia were to be appropriated unto 
 his Majesty's subjects "and not communicated to foreign 
 Countries but by way of trade and commerce from hence 
 
Xviii PREFACE. 
 
 only," and that "from henceforth all Tobacco and other 
 commodities whatsoeuer to be brought and traded from the 
 foresaid plantation shall not be carried into any forraine partes 
 vntill the same haue beene first landed here and his Majesties 
 Customes paid therefore," [77], contains in it the promise and 
 potency of the colonial clauses of the Navigation Act. 
 A httle later we have the complementary part of the theory, 
 and the restriction of the colonies to the English market is 
 offset by the restricting of that market to their produce, by 
 a system of preferential trade which lasted until the middle 
 of the nineteenth century. In 1 632 the highly important warrant 
 of February 24 to the Attorney General marks the system 
 full grown. Tobacco from the plantations is given a heavy 
 preference over that from Spain and the Spanish colonies ; 
 it must be brought to England, and to England only ; 
 but if re-exported within a year, a rebate of half the duty 
 is allowed. 292, 321, 332, 334-5 show how strictly colonial 
 trade was confined to the home market, though 283 and 355 
 show that the Council remained the master, and not the servant, 
 of its own rules. Similarly 181 shows that the restriction 
 by the Navigation Acts of the carrying trade to English 
 bottoms was no new thing. The idea that " the preservation 
 of Shipping and Nauigation, and the supporting and incour. 
 ragement of Marchants by the excluding of Strangers from 
 Shipping, and transporting our Commodities in theire Bottomes, 
 is verie considerable, in reason of State, and is agreeable to 
 seuerall Lawes and Statutes of this Realme, in that Case 
 provided," and the ensuing order " That noe Hearrings or 
 any other fish whatsoever, taken by any his majesties Subiects, 
 vpon any the Coasts or places of fishing, belonging to this 
 Kingdome or within the aforesaid fishings, of Newfoundland 
 or New England, shalbe from henceforth Shipt, or transported 
 in any Strangers Bottomes, but in English Bottomes onely," 
 mark a restriction which, confirmed by the Act of 1660, did 
 not disappear till the nineteenth century. 
 
PREFACE. Xix 
 
 The Act thus marks rather the culmination than the The . 
 mauguration of a poHcy, and its importance is due mainly to tioTJi^the' 
 its coming just at the period when the colonies were rising Actt^^''°" 
 to importance. Of its history after 1660, and of its bearing 
 upon colonial trade, this volume gives many instances. The 
 act was not interpreted in an iUiberal spirit. Numerous 
 petitions were granted, freeing from penalties those who had 
 transgressed formally or inadvertently {e.g., 606); in time 
 of war certain provisions were slackened or waived. Thus the 
 order of February 13, 1661 [504], allowing the New England 
 merchants to sail direct to Europe, on condition of bringing 
 the proceeds of their sales to England, shows a real sense of 
 the true principles of trade, in laying down that if they brought 
 back the proceeds of the goods, there was no need for the 
 goods themselves to be brought [c/. 990]. The order of 
 February 8, 1665, shows how the Dutch War compelled 
 the relaxation of certain clauses. On October 28, 1665, Samuel 
 Wilson is allowed to plead ignorance as a sufficient excuse 
 [662; cf. 608 and 644]. On December 11, 1668, a curious 
 case was settled, a ship built at Dunkirk during its 
 EngHsh occupation being made a free ship [817]. Yet the 
 stringency tended to increase [618], and was fostered by 
 mercantile cupidity masking under its usual guise of patriotism. 
 On October 23, 1667, the Dutch settlers of New York 
 were allowed to keep up a limited trade with the home land, 
 with three ships a year for seven years. The Enghsh 
 merchants discovered that this was the thin end of the 
 wedge, and would " haue an unhappy Influence by opening 
 a Way for fforrainers to trade with the rest of His Majestys 
 Plantations, and preventing the Exportation of the Manu- 
 factures of England, and thereby destroy his Majestys 
 Customes, and the Trade of this Kingdome, which is in a great 
 measure upheld by the Plantations " [812], and succeeded 
 on November 18, 1668, in having the privilege cancelled, 
 one ship for one year only being allowed, though on 
 December 11 [819] a second was allowed to sail. Soon 
 
XX PREFACE. 
 
 after, on January 20, 1669, we find one of the first of the 
 numerous circular letters urging Governors of Plantations 
 not to be wanting to their duty. 
 
 Much of the trouble came from the question of the bearing 
 of the act on the outlying portions of the British Isles, Ireland, 
 Scotland, the Channel Islands, and during a brief space, of 
 Dunkirk. Thus, after a brief respite, on November 22, 166L [537] 
 the Scottish subjects of the King were excluded from the 
 benefits of the Act,* and the smugghng trade began between 
 Scotland and the colonies, which lasted till the Union, and 
 of which the complete history is still to be written. When on 
 March 6, 1665, the pressure of the Dutch War compelled the 
 relaxation of certain clauses of the acts, and neutral vessels 
 and crews were allowed to trade to or from any port in England, 
 Ireland, or Wales, a significant memorandum of the Clerk 
 reads " The word Ireland left out in the severall clauses per 
 22th instant." So on March 20, 1667, though an attempt was 
 made to improve Irish trade, the restraints on intercourse 
 with the plantations were left as before. See also 1287. 
 Similarly the orders of July 28 and August 4, 1671, and of 
 March 10 and 20, 1675, placed the Channel Islands outside 
 the benefits of the Act. 
 The Old But the poHcy of which the Navigation Acts were the 
 
 System. embodiment has been too long regarded as the exploitation of 
 its colonies by a selfish, or at best, ignorant mother-country. 
 Undoubtedly the control of colonial trade by a parliament 
 which sat at Westminster, in which the colonies were without 
 representation, and over which they could exercise no control, 
 was a grievance, and the sense of inferiority which it created 
 was one of the causes of the American rebelhon ; but the 
 ideal of Mercantihsm was much less that of a superior power 
 exploiting dependencies, or even that of a mother-country 
 exacting commercial obedience in return for naval protection, 
 than that of an Empire commercially self-contained, in which 
 each part suppUed that for the production of which it was best 
 
 * See however 841, and 848. * 
 
PREFACE. Xxi 
 
 fitted. Hence the Colonists were encouraged at least as much aa 
 they were thwarted, though doubtless in their eyes the 
 restrictions were so many unjustifiable grievances, the bounties 
 mere matters of course. 
 
 Of this mingled restriction and encouragement the course Destruction 
 of the tobacco trade is an example. We have already seen Tobacco! 
 how colonial tobacco was at once restricted to the English 
 market, and given a preference over that from the Spanish 
 islands. But the history of the stamping out of tobacco- 
 growing in England is one of the best proofs that restrictions 
 were laid not on the colonies alone. There is nothing in the 
 climate or in the soil of England hostile to the growth of 
 tobacco, and early in the seventeenth century its cultivation 
 was begun. In 1619 (40) we find that it was largely planted in 
 the outskirts of London, a proceeding httle Ukely to be per- 
 mitted by the author of " A Counterblast to Tobacco." 
 In 1621 (71) all such tobacco was confiscated ; and early in 
 the reign of Charles I (148) we find it ordered "that noe 
 Tobacco be suffered to be planted within this Kingdome," 
 the object of the order being expressly stated to be " the 
 better encouragement of aU English planters to goe on 
 chearfuUy in the advancing of any the Enghsh plantations." 
 Andthewarrantsof August 17(172), and of Septembers, 1626, 
 (176) and stiU more of July 10, 1627 (188) show that the 
 order was no idle threat. 
 
 On December 21, 1627, the order was repeated in more 
 stringent terms " that for the preservation and encouragement 
 of those Enghsh plantations abroad, no Tobacco shalbe 
 planted either in England, or Ireland, or any the Islands 
 thereto belonginge, nor any such tobacco shaU be brought, 
 or sold, altered or used, by any, but shaU be utterly destroyed, 
 and consumed " [197]. 
 
 On September 28, 1628, a hah-comic interlude is supphed :— _ 
 " Whereas his Majestie hath bin credibly informed, that the 
 Tobacco of the grouth of England and Ireland, and Dominions 
 thereof, is not onely found to be vnholsome for mens bodies, 
 
Xxii PBEFACfi. 
 
 but a great hindrance, and tending to the ruyne and ouerthrow 
 of his Majesties Plantations in Virginia, and other partes 
 beyond the Seas, and being desirous, and willing, out of his 
 Princely Care, and Roy all disposition for the good of his 
 people, to be throughly informed before any further course 
 be taken . . . did command, and their Lordshipps 
 doe accordingly order, that the President, and the rest of the 
 CoUedge of Phisitions, shall assemble themselues together, 
 and after mature, and good deliberation, certifie their opinions 
 therein " [218]. The hint was apparently taken by the 
 medical fraternity, for we find later that they had declared 
 tobacco to be " noe victual! nor medicinable foode " [346]. 
 
 During the Commonwealth the growth of EngUsh tobacco 
 increased, and centred at Winchcombe in Gloucestershire. 
 Various measures were indeed taken against it "on considera- 
 tion of the prejudice to EngUsh Plantations abroad, and to 
 the trade at home," but they do not seem to have been 
 rigorously enforced.* 
 
 On December 21, 1660, "An Act for prohibiting the Planting, 
 setting, or sowing of Tobacco in England and Ireland " was 
 read and approved, the main reason given being that it is 
 of great concern and importance that " the Colonies and 
 Plantations of this Kingdome in America be defended protected 
 maineteyned and kept up and that all due and possible 
 Encouragement be given unto them in regard the Strength and 
 Welfare of this Kingdome doe very much depend upon them by 
 reason of the Employment of a very considerable part of 
 Shipping and seamen and of the Vent of very greate 
 Quantities of its native Comodities and manufactures as 
 also of the supply of several considerable commodities which 
 it was wont formerly to have only from fforraigners and at 
 
 * See O.S.P. Domestic, s.v. Tobacco; and especially 1654: pp. 211-2, 
 229-30, where the inhabitants of Winchcombe petition that " it has been our 
 trade for 40 years." 1655 : pp. 100-101. 1658-9 : pp. 55, 104^5. In 
 Washboum's Biblioiheca Gloucestrensis p. 415 is a letter of the Council of 
 State to the Mayor of Gloucester for suppressing tobacco planting. The 
 Commonwealth Acts and Ordinances of April 1, 1652, September 3, 1653, 
 April 11, 1654, and a confirmation in 1656-7 are given in H. Scobell : A 
 Collection of Acts and Ordinances (London 1658). 
 
PREFACE. xxiii 
 
 far dearer Rates And for that Tobacco is one of the maine 
 products of severall of those Plantations."* In March, 1661, 
 a proclamation was issued ordering the act to be put in 
 execution. The hapless people of Winchcombe struggled 
 hard ; not till the reign of James II was their prosperous 
 industry finally crushed, but the Council was merciless. The 
 course of the struggle may be traced in the Index. The 
 people of Winchcombe " gathering themselves together in a 
 riotous and tumultuous manner did not only offer violence 
 but had like to have slaine the Sheriff, Giving out, that they 
 would loose their Lives rather than obey the Lawes in that 
 case provided." [673]. Is it reading too much into the letters 
 of June 20, 1666, in which his Majesty complains that " the 
 stubborn spirits of Non-confoi mists are improved " [682] 
 by the continuance of the tobacco industry, to suppose that 
 the ringleaders in this riot were some of the old Commonwealth 
 men ? The local authorities were not unnaturally negligent 
 [713, 715], and first the mihtia, and then the regulars [616, 623] 
 were called into play, and for many years in June, July, and 
 early August, troops of horse trampled down the ripening 
 tobacco. At length the Council won, the last order for the 
 destruction of English tobacco occurring early in the reign 
 of James II. No better proof could be given of the desire 
 of the Council to aid colonial development than this long 
 continued struggle with the Midland farmers, in which the 
 scanty regular forces of the kingdom were so ruthlessly 
 employed. Though the centres of the industry were around 
 Winchcombe in Gloucestershire and Evesham in Worcester- 
 shire, orders for the destruction of English grown tobacco are 
 issued to no less than eighteen counties : — Kent, Essex, 
 Middlesex, Surrey [71], Nottingham, Buckingham, Lincoln, 
 York [176], Gloucester, Worcester, Wilts [188], Hereford, 
 Monmouth, Oxford [602], Warwick, Brecknock [682], 
 
 Shropshire, and FUnt [781].t 
 
 • This is Charles II, xii., Cap. 34. In 1670 a more stringent Act was 
 passed. Charles II, xxii. and xxiii., Cap. 26. ■ j .„ <j,„=b,x 
 
 Under the Commonwealth orders had also been issued to Sussex, 
 Kadnor, Montgomery, Denbigh See O.S.P. Domestic, 1655, p. 101. 
 
XXIV 
 
 PREFACE. 
 
 Encourage- 
 ment of 
 Colonial 
 Industries. 
 
 Not that the Council looked with favour on the enormous 
 growth of the tobacco industry in the plantations. Frequent 
 efforts were made to divert the attention of the colonists to 
 other forms of agriculture, and though the results were 
 trifling, the attempts to stay a trade so gainful to the revenue, 
 with the object of establishing the colony on a more solid 
 and healthy foundation, are at least a proof of well-meaning 
 if somewhat grandmotherly unselfishness. By the letter of 
 October 24, 1625, the people of Virginia are urged to " vse their 
 best endevors, to bring all other Commodities of that 
 County to perfection, as Corne, Wine, Silke, Cotton, Salte, 
 Salt-fish, fflax Hempe, Indico, Woade, Madder, and the Uke, 
 wherein that they may proceede with the more alacrity wee 
 wilbe humble sutors to his Majestie, that he wilbe gratiously 
 pleased to ease or fauour them in his Majesties imposition, 
 vntiU the same may be brought to full perfection " [154 and 
 262]. The instructions giveil to Sir George Yeardley, the 
 next Governor sent out, urge him to use his best endeavours 
 " to cause the people there to applie themselves to the raising 
 of more staple Commodities " ; [162 (13)], and to Sir John 
 Harvey, his successor, the same instruction is given in more 
 detail [211 (13)]. After the Restoration the same policy was 
 maintained, and in 1664 orders were issued exempting from 
 duty for five years the hemp, pitch, and tar of Virginia and 
 Maryland [639]. 
 
 The letter to the Governor of Jamaica of October 16, 1668, 
 urging him to pay special attention to " the Cherishing and 
 Preserving the Plants and Trees" on which were grown 
 "Pepper, Cloves, and other Spices," and directing that 
 " as any New Plants of that nature come to be discovered, 
 you from time to time send some of the severall Species, to the 
 Clerk of the Council attending, to be by him presented to the 
 Board, and that you make triaUs and take the best care you 
 can by Cultivateing and Transplanting to Improve them to 
 Pubhque Benefitt," shows that the Council, in its desire to 
 break down the monopoly of the Dutch Spice Islands, did 
 not disdain the functions of the Board of Agriculture. 
 
PRBFACli. XX^ 
 
 A more striking instance is the Order of April 11, 1620, in 
 which, " to the end that some of the wood landes might ^th 
 lesse charge be converted into pasture and arable, as also that 
 the Colony might be sett on worke the whole yeare," the 
 Company of the Newfoundland Plantation were permitted 
 " to transport thither the materialls to make barre yron, as yron 
 oare, stone and cinders, as also the instrumentes for that 
 worke, that thereby they might be incouraged to goe on 
 in their purpose of creating yron workes in that plantation ' ' 
 [51 and 53]. 
 
 The activity of the American State Governments, of various West Tndiep. 
 historical societies, and of individuals, has left little material 
 of importance unpubUshed for the history of the continental 
 colonies. More is added to our knowledge of the West Indies 
 and of Newfoundland, though the present volume covers 
 much the same ground as the early volumes of the Calendars 
 of State Papers. Many of the Orders deal with such matters 
 as the constitutional struggle in Jamaica (1677-82) and the joint 
 occupation with the French of St. Christopher, and we are 
 enabled to trace more completely the story of the 4^ per cent, 
 duty on all commodities exported from Barbados and the 
 Leeward Islands, originally imposed as a commutation of the 
 proprietary rights of Lord Carlisle, a burden under which these 
 colonies suffered till 1838. In the penury to which the Exchequer 
 of Charles II was reduced [1052] the most various charges 
 were placed to the account of this all-enduring impost. Lord 
 WiUoughby's instructions, issued on June 13, 1663, had told 
 him to urge on the planters " that some Returne of Profitt, 
 as well as Duty ought to be made us for our continuall and 
 unwearied care of them " [598(6)]. The care was perhaps 
 less unwearied than the desire for a visible return. 
 
 On May 20, 1668, Lord Willoughby is ordered to apply it 
 to the pay of the garrison [775]. On July 31, its collection 
 is put into the hands of Sir Tobias Bridge, the Colonel 
 of the regiment, and his letter of December [832] shows that 
 Sir Toby had no easy task. On November 18 compensation 
 
XXVI 
 
 PBEB'ACE. 
 
 for the Pearl of Bristol is ordered to be made from " Your 
 
 Majesty's Revenue in the Charibee Islands " [813]. On 
 
 May 12, 1669, we have the first attempt of the island to shake 
 
 off its burden [852]; on December 22, the Barbados duty 
 
 alone is farmed out for 7,000Z. to Sir Charles Wheeler and others ; 
 
 the proceeds are to go " first to the support of the MiUtia 
 
 remaining there, and the satisfaction of their Arreares, and 
 
 next to the Satisfaction of all such Persons who have in those 
 
 Parts sustained losses of Shipps and Goods employed in his 
 
 Majesties Service in the late Warre"[881]. On September 22, 
 
 1671, the Assembly of Barbados desire that from it should be 
 
 defrayed the expenses of rebuilding the common prison, 
 
 which had faUen into decay [930]. Meanwhile the unhappy 
 
 garrisons, unpaid and unfed, were dying of fever, and 
 
 the recommendation of the Lord Treasurer [1052] that the 
 
 expenses of the garrisons of all the Leeward Islands be 
 
 paid out of the Barbados duty was httle better than a mockery. 
 
 The last charge put upon it in this volume is given under 
 
 November 28, 1679, when 1,500L is ordered to be paid out of 
 
 it for the building of forts in the Leeward Islands [1317]. 
 
 Spain and Meanwhile in the cockpit of the Caribbean, EngUshman, 
 
 in"thT Dutchman and Frenchman wrangled fiercely with the Spaniard 
 
 West. Indies. ^^^ ^^^ mastery. Spain still claimed lordship of the Indies, and 
 
 the smuggUng of the English merchants, the logwood cutting 
 
 in Yucatan, and the lawless cruelty of Spanish captains kept 
 
 alive the irritation which endured for more than a century. 
 
 The latter part of this volume is filled with complaints of 
 
 violence, and with demands for letters of reprisal. But though 
 
 letters of reprisal did not constitute an open declaration of 
 
 war, they tended to lead to one, and Charles II showed an 
 
 unwilhngness to issue them which, if chiefly due to laziness, 
 
 was not without a touch of the enlightenment and even 
 
 heroism which made him in a sense the forerunner of Walpole. 
 
 Of this a good example is seen in the case of the Virgin. 
 
 On October 24, 1673, on the petition of the owners that the 
 ship had been seized in May near Havana by Spaniards under 
 
tEfiPACE. xxvii 
 
 the renegade Philip Fitzgerald, the Council gave order that 
 representations should be made at the Court of Spain [970]. 
 The Governor of Jamaica had already in July vainly sought 
 redress at Havana, where the ship had been condemned and 
 sold as prize [1164]. On December 5 the Council directed 
 that instructions be given to the Ambassador at Madrid to 
 demand reparation [972], and on February 27, 1674, the case 
 with several others was referred to the Committee of Trade 
 and Plantations [984], whose report, read on March 11, 
 suggested that if redress " be denyed or unreasonably delayed 
 His Majesty cannot in Honour or Justice deny his 
 Subjects the Liberty of taking such course for their reparation, 
 as is agreeable to the Law of Nations by way of Reprizall," 
 and was ordered to be given to Lord ArHngton for use 
 in obtaining satisfaction [984]. In April, however, the 
 Spanish Council of the Indies confirmed the sentence of the 
 prize court. On July 3 Edmond Cooke master of the vessel 
 prayed definitely for letters of reprisal, but it was ordered that 
 the issue of these be postponed while a special envoy was sent 
 to press the case at Madrid. Should this last attempt at 
 peaceful settlement fail, the desired letters were promised 
 at the end of four months [996]. Cooke was accordingly 
 sent to the Spanish Court, his credentials appearing in a letter 
 to Sir Wm. Godolphin calendared in C.S.P. III. 1335. 
 In C.S.P. IV. 640, forty documents relating to Cooke's nego- 
 tiation at Madrid are summarised, but no success was 
 achieved, and after nine months the owners petitioned for 
 his recall [1024]. This seems to have alarmed the Spanish 
 Court, and on July 2, 1675, the Queen of Spain gave Cooke 
 a despatch for Havana [1164] but as the owners regarded 
 this as "having not the least prospect towards Satisfaction," 
 they again appealed for letters of reprisal, and after the 
 Spanish envoy had been duly notified the case was ordered 
 to be heard immediately on his Majesty's return to Whitehall 
 [1033]. On his return in September Cooke gave a verbal 
 report to his Majesty [1048], and on September 30 was 
 
XXVIU PREFACE. 
 
 heard by the Committee, when the matter was referred to Sir 
 LeoUne Jenkins, Judge of the Admiralty [C.S.P. IV. 687]. 
 On December 1, though the letters of reprisal were still 
 delayed, Cooke was granted a chain of gold for his services 
 at Madrid [1048], and on January 14, 1676, a Flemish- 
 built vessel of 300 tons was made a free ship for him in 
 consideration of his losses [1055]. On December 3, 1675, 
 the Council had ordered that the Spanish envoy be 
 informed of his Majesty's resentment and intention no longer 
 to defer the issue of letters of reprisal (C.S.P. IV. 730); 
 yet nothing was done, and in February, 1676, it was 
 ordered that the owners be given a copy of Sir L. Jenkins' 
 report of October 8, 1675 [1060], which stated his 
 opinion " that Captain Cooke must prosecute the effect 
 of those two sentences at the Havana, and must affect 
 the Ministers of Justice there with a denial to execute the 
 Queen's Commissions, or else with such delays as amount to 
 a flat denial, before his cause be ripe for granting reprisals " 
 (C.S.P. IV. 693). Nothing further is heard of the case till 
 in May, 1677, Sir Robert Southwell made a report to the Lord 
 Treasurer (C.S.P. V. 205. II.). On July 13 the owners 
 petitioned for, and were granted, a further hearing [1153]. 
 On the 18th Sir WiUiam Godolphin was directed earnestly to 
 press the Spanish Court to make satisfaction or to give their 
 reasons in writing why they refuse the same, contrary to the 
 Treaty [1152], and, on the 24th, it was ordered "that he 
 do vigorously insist for satisfaction, and let them know His 
 Majesty hath under his Consideration the Granting of them 
 Letters of Reprizall, and must give effectuall Order therein, 
 if speedy justice be not done them " [1102]. Godolphin's 
 memorial in accordance with these Orders is dated 
 August 10, 1677. The Spanish answer (February 15, 1678 : 
 C.S.P. 577. i.-ii.) was a repetition of the former unsatisfactory 
 commission to the Governor of Havana granted by the Queen to 
 Cooke. Meanwhile the whole matter was examined by "Sir 
 Richard Lloyd, Surrogate Judge of the Admiralty and 
 Sir Thomas Exton of his Majestys Councill in the said Court," 
 
PREFACE. Xxix 
 
 whose report again threw the blame on the Spanish Government, 
 and suggested that another application be made to the SiJanieh 
 Court and six months allowed them before the issue of letters 
 of reprisal. This report was forwarded to the Ambassador at 
 Madrid with directions to refrain from making use of the 
 suggestion of reprisals [1164]. The last mention of the Virgin 
 in the present volume is the recommendation to the 
 Secretary of State in March, 1678, "to take Care, that in the 
 Treaty with Spain now under consideration some Provision be 
 made for satisfaction of the great Losses and Damages susteyned 
 by the Petitioner " [1206], but on November 17, 1680, a 
 petition of the owners for payment of damages and of 
 2,000L expended in the seven years' prosecution of their claims 
 was referred to the Committee (C.S.P. V. 1591 and 1626), 
 and on their report, on 11 August, 1681, Sir Leohne Jenkins is 
 directed to press the Spanish ambassador for satisfaction, and 
 to send a statement of the case to the English ambassador 
 at the Court of Spain. 
 
 Newfoundland, " the sport of historic misfortune," figures Newfound- 
 prominently in this volume, which throws not a httle light '*"'^' 
 on the history of the long dispute between the planters, or 
 early settlers, and the merchants of the Western Ports. 
 The view that the early settlers were a race of Hampdens, who 
 withstood the cruelty and persecutions of the bloody and bar- 
 barous Stewart, has been expressed with great force and 
 learning by Judge Prowse, the historian of the island,* and 
 faUs in with the popular colonial theory that it is the 
 undoubted right of every Englishman to settle where he likes, 
 to behave as he sees fit, and to call upon the Mother Country 
 to foot the bill. But there is another point of view, put 
 forward by the Devon and Dorset merchants, as early as 
 1618 [31]. To them the planters were a lawless rabble, who 
 lived largely by robbing the fishing fleet, and who debauched 
 the seamen by setting up drinking shops and brothels. 
 On January 24, 1634, a long list of laws (calendared in C.S.P. 
 I. p. 173-4) was submitted by Attorney General Noye, which 
 
 * Newfoundland, by D. W. Prowse. (MaoMillan & Co., 2nd edition 1896.) 
 
XXX PEEP ACE. 
 
 seems to show that the planters " Upon Conceipt, that for 
 wrongs, or Injuries don there, either on the Shore, or in the 
 Sea adjoyning, they cannot be here impeached," Hved at 
 least as much by depredation as by fishing or farming. 
 The list of their misdeeds is too long to quote, but one section 
 so exactly describes what has happened in every frontier and 
 seaport town the world over that it may be reproduced : — 
 " That no person doe sett vpp anie Tauem for selling of 
 Wine, Beare, or strong waters, or Tabaco to entertaine the 
 iBshermen because it is found that by such meanes they are 
 debauched, neglecting, and poore euiU gouemed men, not 
 onely spend most part of their shares before they come home, 
 vppon which, the life and mayntenance of their wife and 
 Children dependeth, but are likewise in diuers other wayes as 
 by neglecting, and makeing them selues vnfitt for their Labour, 
 by purloyning and stealing fiom their Owners, and by makeing 
 vnlawfuU Shifts to supphe their disorders, &c., which disorder 
 they frequently follow, since those actions haue presented 
 themselues " [323]. 
 
 A further report of the Committee of Trade and Plantations, 
 approved on May 5, 1675, states that the planters " do most 
 of them sell wine and Brandy, whereby the Seamen are 
 withdrawne from their Labor, and many seduced to stay in 
 the place, while their Familyes do thereby become Burthens 
 to their respective Parishes, at home " [1023]. 
 
 A httle later (April 19, 1676) the Heads for Enquiries to be 
 made by the Commander in Chief on the Newfoundland 
 Station puts the blame chiefly on the good folk of New England. 
 He is directed to inquire—" Whether the New England Men 
 bring not Brandy and Wyne from the Madera's, and Rum from 
 home to debauch the Pishers,who (as is represented) doe thereby 
 run greatly in debt, and are forc't to sell themselves to the 
 Planters in New-found Land for the payment of their 
 Debts " [1073]. 
 
 At least it seems clear that if the aversion of the West 
 Country merchants from the settlement of Newfoundland was 
 due to a selfish desire to monopolise the fisheries, and if they 
 
PREFACE. XXXI 
 
 vilified its climate and resources in the same way as the 
 Hudson's Bay Company in later years did those of the Canadian 
 West, the early settlers of the island were in the main a pack 
 of rum-selling ruffians, on whose misfortunes no very great 
 pity need be expended. 
 
 Though most of the papers have been calendared in C.S.P- Canada. 
 Am. and W.I., 1574-1660, some new Ught is thrown by this 
 volume on the history of the British occupation of Canada 
 from 1629-1632.* In 1628 David Kirke had attacked and 
 destroyed the French provision fleet off Gaspe, and he and his 
 partner William Berkeley, afterwards Governor of Virginia, 
 seem to have shown some harshness to two of the prisoners, 
 whose hberation was ordered, though security was taken from 
 them not to depart the Kingdom till ransom had been paid 
 [223, 224, 227]. On July 20, 1629, Quebec surrendered to 
 Lewis Kirke, his brother's lieutenant ; and on October 28 
 the French Ambassador petitioned the board on the behalf of 
 Emery de Caen, a Frenchman, who had already begun suit 
 against Kirke and his fellow adventurers in the Admiralty 
 Court, claiming that some of the goods brought home by 
 Kirke were his private property, " the English claymeing 
 them, by way of Trade and barganing. And the French 
 affirming, that they took them away by force " [236]. The 
 goods were accordingly sequestrated, and an official lock put 
 upon the warehouse to which the merchants had removed them. 
 The lock was soon wrenched off, and possession of the goods 
 retaken by the Adventurers. Prompt submission and 
 restoration of the goods was at once ordered, " And because the 
 Board did thinke fitt and resolue that an Insolencie of soe 
 high an natiwe, in Contempt of all authoritie and gouernment 
 was not to be past ouer without some exemplarie punishment. 
 It is ordered that the Judge of the Admiraltie should by 
 Examination vpon oath or otherwise inquire and find out, who 
 were the principall Actors in the breakeing open of the said 
 
 * " Tlie First English Conquest of Canada," by Henry Kirke, M.A. (first 
 edition 1871, second edition 1908), is really a life of David Kirke; the author 
 has consulted the papers in the Record Office, but does not seem to have 
 known of the Council Register, and hischronology is sometimes confused, 
 
Y^ -yi J PREFACE , 
 
 Warehouse, and carrying away the said goods, and therevpon 
 make Certifficate to the Board, to the end such further course 
 mought be taken for the punishing of tliem as theire llordshipps 
 shaU find cause " [231]. 
 
 The goods which consisted of " certaine Beauer Skinns, 
 flfures, Coats of Beauvor wool ' ' [236] and deer-skins [235] were 
 evidently restored, for on November 10 their strict sequestration 
 is ordered [233]. On December 2 the Adventurers represent 
 that the goods are fast rotting away owing to the dampness 
 of the warehouse [234], and this having been found true at 
 least in part, the sale of such as are perishable is ordered, 
 the money to be deposited in the Admiralty Court [235]. 
 On January 22, 1630, "Uppon a long heareing, and debate at 
 the Board," a new order is made that such as are perishable 
 shall be sold. " And lastly for the better and quieter sale of 
 the said goods, their Lordshipps thought fitt and ordered, 
 that none of the said parties shalbe present at the sale of the 
 said goods, but both parties to appoint some sufficient parties 
 for either side. And for the residue of the said goods, which 
 are drye and well conditioned, and out of danger suddenly to 
 decay, or be impaired either in qualitie or value. Their 
 Lordships thought fitt they should remaine vnder such locks 
 and custodie as they are at this present" [236]. 
 
 Six days later, however, part of the order is rescinded 
 and permission to attend the sale given to both parties [237]. 
 On February 3, however, the Board found that their order 
 " had beene eluded and disobeyed," and " that the carriage 
 of the said Merchants hath been indirect and Refractorie to 
 the said orders " [239] ; they accordingly confirmed the order, 
 and appointed the Clerk of the Council with two others to 
 see to its performance ; "on which behalf e the said 
 Marchants and everie of them, are hereby expressly charged 
 and required to perniitt and suffer the said Sir William Beoher, 
 Sir WiUiam RusseU, and such others as shalbe by them 
 appoynted to assiste therein, to enter into any of the Store- 
 houses, and places wher any the said goods are ; And in 
 
PREFACE. XXXm 
 
 case of theire Refusal!, the said Sir William Becher, is hereby 
 required and authorized, to commaund any Constables, or 
 other officers to assist him, in the breaking open of the Locks 
 or doores of the said warehouses." 
 
 But while the offenders were vigorously prosecuted, the 
 nobler side of their enterprise was not forgotten, and in spite 
 of an embargo due to scarcity at home, they were allowed to 
 send provisions to " diverse of his Majesties loving subjects," 
 whom they had left behind " in those partes ; upon discoueries. 
 Plantations, and other designes " [242]. 
 
 By April an agreement had been come to that the furs were 
 to " bee sold to the said Generall de Caen for twentie fiue 
 shillinges sterling the pound ready Money, to be deposited in 
 the hand of the said Lord Mayor " ; and certain expert furriers 
 are appointed by the Board to supervise the inventory and 
 the weighing [244]. At the last moment, however, the mer- 
 chants proved refractory, and on May 18 the Board writes 
 angrily to the Lord Mayor to summon them a second time, 
 and if they still refuse to break down the warehouse door, 
 and deliver the goods to de Caen [246]. Ten days later, the 
 second summons having been unheeded, order for promptly 
 breaking open the warehouses is given. But the steed had 
 already been stolen, for when the doors were forced but a 
 small quantity of the furs was there. For this high contempt 
 one Thomas Pitz, a minor member of the company, was at 
 once brought before the Board, and committed to the Fleet. 
 Fitz at first refused to tell either where they were or to produce 
 his accounts showing to whom they had been sold [248] ; 
 whereupon a week later the Clerk of the Council and 
 a Sergeant at arms are ordered to require him to "deliuer 
 vnto you the said Books of Accounts ; which if he shall refuse 
 to doe. That then by virtue of this our warrant, you breake 
 open the doores of the house or Studdie of the said ffitz : 
 where the said Books are remayneing, and the same to take 
 and bring with you vnto Mr. Atturney Generall " [249]. 
 Pitz still showing " greate contempt and affront of all 
 
XXXiv PREFACE. 
 
 authoritie and justice," the Attorney General is ordered to 
 proceed against him in the Court of Star Chamber [251]. 
 This threat brought submission. Fitz with some difficulty- 
 restored the skins to his warehouse, and on July 4 was set 
 at liberty [254-5].* The Board had evidently no desire to 
 be hard on the Adventurers, for when in the autumn a demand 
 was made by the French ambassador for the sequestration of 
 the goods brought from Canada by the ships of the Company, 
 their Lordships found " no cause to grant the sequestration 
 desired," and merely requested the Adventurers to deposit a 
 list of the goods brought with the Judge of the Admiralty 
 [260]. 
 Interlopers The Adventurers were soon to find that lawlessness had its 
 
 in Canadian 
 
 Trade. disadvantages, and on October 14, 1631, appeared before the 
 
 Board to protest against certain interlopers, imauthorised 
 traders who were the torment of all the monopolists and 
 chartered companies so favoured by the Tudors and Stewarts. 
 Bond was taken of the interlopers not to depart without 
 warrant from the Board, and further consideration of the 
 matter was referred to Mr. Sergeant Berkley, Sir WiUiam 
 Becher, and Sir Edward Nicholas [279]. A fortnight later there 
 is a new complaint against other interlopers, among whom was 
 the well-known Maurice Thomson, whose goods the Board 
 ordered to be seized on arrival [281]. On November 16 
 the matter is referred to Sir Henry Martin, Judge of 
 the Admiralty Court [283], and nothing more is heard of the 
 Committee of Three. The interlopers, however, proved as 
 contumacious as the Adventurers themselves had done on 
 an earher occasion, and on January 18, 1632, the Adventurers 
 report that in spite of former orders "the said Ricroft is 
 gone to Canada, sent out by Maurice Thomson, and John de 
 la Barr, who knew he was vnder command, and Captaine Man 
 absenteth himselfe and cannot be found, and that Richard 
 
 other? foLl-rfS'"''"'' ^.^^ is^"ed -'to Lord Keeper Coventry and 
 ntw A ^''''™^ Thomas Fitz, and to discover what beaver skhis or 
 other goods were brought in by Captain Kirke." [C.S.P. DomestL. 1629-31, 
 Smnlv to th! '''^^'!°' ^^ liberation [25-t-5] makes no reference to this, but 
 simply to the report of the Attorney General. 
 
PREFACE. XXXV 
 
 Brereton, and Maurice Thomson refuse to be examined, con- 
 trary to the orders of the Board ; Their Lordshipps taking 
 notice of this complaint, and withall the contempt of the said 
 Interlopers, considering that the said Companie had bin at 
 great charge in takeing of the Countrie, and maintaining the 
 same to his Majesties vse, at their Lordshipps command ; did 
 order that all the parties that haue not already bin examined 
 should be examined by Sir Henry Martin according to former 
 orders of this Board, and that the names of all those who shall 
 in this case refuse to be examined be retourned, and the 
 parties who are mentioned in the former orders should attend 
 the Board the 25th of this present " [287]. 
 
 On the 22nd February, on the matter being discussed, 
 " Inasmuch as it was insisted on by the said Interlopers, that 
 the said Adventurers had noe Patent or Commission which 
 did appropriate that Trade wholly unto them, the contrary 
 whereof was affirmed by the said Adventurers, and alsoe that 
 they had severall orders of this Board for the better authorizeing 
 and strengthening of them in the pursuite of the said Trade. 
 It was thereupon thought fitt and ordered that the said Judge 
 should examine the truth thereof, as lykewise of the Contempt 
 
 of the said Interlopers And that both sides 
 
 attend the Board on ffryday next " [290]. 
 
 After some delay owing to the illness of the Judge [294], 
 full satisfaction was given to the adventurers on July 25, 1632, 
 [296], and on further delay being interposed by Maurice 
 Thomson, he was threatened with the Marshalsea [297]. 
 Meantime, in April, 1632, by the Treaty of St. Germain-en-laye, 
 Canada was restored to the French in return for payment 
 of the dowry of Henrietta Maria, and on November 21 
 [298] we find the Adventurers pleading that in return for their 
 heavy losses at the capture of Quebec they may be granted : — 
 "royaU letters Patent accordingly, vizt. : for sole trading in 
 the GuKe and River of Canada, and partes therevnto adiacent, 
 and to place a Colony and fortresse there if they thinke fit, 
 from the latitude of fourty foure degrees to the latitude fifty 
 foure degrees for one and thirty yeares." His Majesty having 
 
XXXVl PREFACE 
 
 referred the petition to the Board, their Lordships refer it 
 to Mr. Attorney General, with instructions to examine into 
 the matter, and to report " with the best expedition " [298]. 
 
 The adventurers now fell to quarrelling among themselves, 
 the greater party being represented by Sir Wm. Alexander, 
 the Ktrkes and Berkeley, while certain Scottish adventurers 
 formed another section, and tAvo malcontents a third [300J. 
 On December 12 the patent desired was granted to the larger 
 party, the Board expressing a charitable wish " that the said 
 Scottish Aduenturers should ioyne in the said Patent, and 
 Trade, if the parties cann agree amongst themselves " [301]. 
 A caution was also inserted that no Treaties of his Majesty 
 with his allies were to be infringed, quahfied, however, on 
 December 22 by the declaration : " yet neuerthelesse that it 
 may bee lawfull for the said Patentees their Deputies or 
 Assignes to defend themselues in case they shall bee assaulted 
 by any contrary to his said Treaties " [304]. And so the 
 curtain drops on the first British possession of Canada. 
 The affair from first to last evidently excited great interest, 
 and the large attendance at the Council during its continuance 
 is noticeable. 
 
 Pim^" Many more points might be touched on. In some of these 
 
 dull extracts are concealed stories of heroism tales of dangers 
 of the sea faced with Enghsh courage. The sailor of the 
 times of Charles II had many foes, pirates in the West 
 Indies, pirates in the Red Sea, Algerines in the Mediterranean, 
 who pushed out into the Atlantic and at times came up into 
 the narrow seas, dangers of war and shipwreck. What ship 
 in fiction had more manifold changes of fortune than the 
 King David, sailing from Newfoundland to Tangier ? " Being 
 vpon her said Voyage to Tangier shee was Mett with off Cape 
 St. Vincent by the Argier Pirats, and there after Three days 
 resistance Boarded by Seventy Moores which they kiUed and 
 Drowned, after mett with Five Pirats more, when they 
 were forced to Surrender, but some dayes after were retaken 
 by Captaine Kempthome ; but he meeting with Six Piratts 
 more, was forced to leaue the Petitioners Shipp, after which 
 
PREFACE. XXXvii 
 
 shee was retaken by the Turkes, and then retaken againe by 
 Sir Thomas Allen, who sent her into Malaga, and hath giuen 
 order to Sell the said Shipp with her Lading ; " her owners 
 therefore pray that "in regard the said Shipp hath so 
 well Defended her selffe The Master, Edward Clements, 
 being made a Slave, And that the Mariners are still on 
 Board her, both Shipp and Lading may be Eestored to 
 the Petitioners or their Order, by Sir Thomas Allen and his 
 Agents .... the Duke of York . . is desired 
 and Authorised to favour the Petitioners what he may in 
 order to the Restitution of their said Shipp and Ladeing, 
 and to giue such Directions therein as to his Royall Highness 
 shall seeme fitt and just." [885]. 
 
 On July 15, 1670, " His Majesty was pleased to Declare, 
 That the Proceed of all Turkes and Moors, which are, or shall 
 be taken by any of his Majestys Ships of War, and haue or 
 shalbe sold, be employed towards the Redemption of such 
 of his Subjects as are Slaves at Argiers." The Master, Super- 
 cargo, and 24 mariners of the King David are to be the first 
 so ransomed, and order is given that " for the future such as 
 haue made the best and gallantest Defence before they fell 
 into the Enemies hands haue preference in redemption out 
 of the said Monies before any others " [894] ; an order 
 which shows the curious state of affairs caused by the 
 existence of a nest of pirates with whom peace was impossible, 
 but whose extermination was forbidden by international 
 jealousies, each nation being unwilhng to proceed to 
 extremities against a power whose depredations upon her 
 rivals were often so convenient.* 
 
 In conclusion, the Editors must thank those to whose 
 generosity the publication of these volumes is due, and the 
 numerous friends whose suggestions and advice have been most 
 helpful. A divided editorship has certain advantages and certain 
 drawbacks. We trust that the latter are not unduly apparent. 
 
 Privy Council Office, 
 September 22, 1908. 
 
 * For the relations between England and Algiers, see Sir R. L. Playfair, 
 The Scourge of Christendom (1884), 
 
( xxxix ) 
 
 ERRATA. 
 
 Page 156, line twelve, jor " 20 September " read " 30 
 September." 
 
 „ 310, line four, far " ^j and 12 " read " Ij 1 and 2." 
 
 ,, 365, line ten, for " [pp. 436-439.] " read " [pp. 437- 
 439.]." 
 
 „ 409, line two, for " (620).] " read " (602).]." 
 
 ,, 504, line fourteen, for " {cf. 885)" read "{cf. 825)." 
 
 „ 655, line ten, after " 828 " delete " i." 
 
 „ 663, line eighteen, for " [C.S.P. IV. 89.5] " read 
 "[C.S.P. IV. 895.]." 
 
ACTS 
 
 OF 
 
 THE PRIVY COUNCIL (COLONIAL;. 
 
ACTS OF THE 
 PEIYY COUNCIL (COLONIAL). 
 
 JAMES I. VOL. T. (1 May, 1613—31 May, 1615.) 
 
 1613. 
 
 [1.] Greenwich, 12 July : Present : — Lord P. Seale, Lord 
 Chamberlen, Lord Zouch, Lord KnoUis, Lord Wotton, Lord 
 Stanhope, Sir Julius Csesar. 
 
 A Letter to the Lord Deputie of the Realme of Ireland. Newfound- 
 Your Lordship shall vnderstand that the Queene Regent 
 of ffraunce hath by her Letters complayned to her Majestie 
 of great wronges Done to the Subiectes of that Kingdome 
 the last yeare by the English in their ffishinge at Newe- 
 found-lande, in takeinge their ffish from them, and offeringe 
 violence and Disturbance vnto them in their peaceable Trade 
 of ffishinge, which they have vsed there (as is informed) tyme 
 out of myhde : and by the Ambassador here resident here 
 with his Majestie for that Kinge the matter is pressed with 
 much importunitie for restitution, and such other satisffaction 
 as is meete in a ease of this nature conceminge the Subiectes 
 of a Prince, that is in such Amitie, and fireindshipp with his 
 Majestie whereof consideration beinge had it is not conceaued 
 what preiudice, or incommoditie at all the Enghsh haue Done 
 vnto them, either the last yeare, or at anie tyme before ; 
 vnles it bee that which happenned vnto them there by Easton 
 the Pyrate, and his Consortes, which is the rather belieued 
 for that the complaine there were then Diuers Barques 
 taken from them which are yet kept, and Detayned. Con- 
 cerninge which it is not vnknowne to your Lordship that 
 
4 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613. 
 
 there was a smale Shippe of the burthen of fiftie Tonnes called 
 
 the Katheren of Clone brought into the Harbor of Eansale 
 
 by Gilbert Roope the Pyrate, and one of Eastons Consortes, 
 
 which Shipp is there remayneinge. fforasmuch as this poore 
 
 man the bearer hereof Christopher Berocke hath made proofe 
 
 in his Maiesties hiegh Courte of Admiraltie here, that the 
 
 said vShipp, and ffurniture Doeth belonge vnto him, and 
 
 accordingly hath a Comission graunted out of that Courte for 
 
 restitution thereof : wee Doe therefore hereby pray your 
 
 Lordship to giue order for the Due execution of the said 
 
 Comission, that the poore man may find that reliefe, as to 
 
 Justice, and good reason shall appertaine : Whereof wee pray 
 
 your Lordship to take notice, the rather in respect it is 
 
 informed that one Marlott hath combyned with the said 
 
 Roope purposely to Defeate the petitioner of that smale shipp, 
 
 which is all the livinge hee hath. 
 
 [/o. 4P. Tl 1.] 
 
 [2.] Greenwich, 12 July : Present : — Lord P. Seale, Lord 
 Chamberlen, Lord KnoUis, Lord Wotton, Lord Stanhope, 
 Sir Julius Caesar. 
 
 Newfound- A Letter of Assistance with generaU Direction for the fuU, 
 and Due executinge of a Comission graunted out of the hiegh 
 Courte of Admiraltie for restitution of a smale Shipp of the 
 burthen of 50 Tonnes, or thereaboutes, called the Katherine 
 of Olon in Srance which beinge sett forth to fish in New- 
 found-land was there taken in May 1612 by Peeter Easton, 
 and Gilbert Roope Pyrates, and brought into the Realme 
 of Ireland, and there left in the Custodie of one Marlot, and 
 vpon proofe made that the said Shipp and ffurniture did 
 belonge to Christopher Berock to whom the Comission was 
 granted. 
 
 [fo. 41b ^ 3.] 
 
 [3.] Whitehall, 1.5 July: Present :— Lord Archbishop. Lord 
 Chancellor, Lord P. Seale, Lord Chamberlen, Lord Zouch, 
 Lord KnoUis, Lord Wotton, Lord Stanhop, Sir Ju. Caesar, 
 Sir Tho. Parry. 
 
1613.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 5 
 
 A Letter to Mr. Sollieitor generall. Wee send you Guiana 
 herewithaU twoe Petitions the one exhibited to the Kinges 
 Majestie and the other to vs of his Councell by Robert 
 Harcourt esqr. wherein hee Desireth Letters Pattents from 
 his Majestie of a parte of Guyana in the West Indies, 
 haueinge heretofore with greate travaile and Charge discovered 
 that Contry and inhabited there by himself and his freinds 
 for the space of these three or foure Yeares last past and still 
 houldeth the possession thereof without impeachment or 
 interruption whereby he hopeth in shorte tyme to plant that 
 Contry with his Majesties Subiects to the greate benifitt of 
 this Kingdome by the increase of Trade, and the reduceinge 
 of that People to civility of life and Christianity, ffor asmuch 
 as it seemeth a matter worthie Consideration, and carrieth 
 hope of benifite and good endeavour as well by the enlarge- 
 ment of Trade as by imployment of shippinge and Marryners, 
 And that it is informed that those Contrys are not actually 
 possessed or inhabited by the Subiects of any Christian Prince 
 or State in Amity with his Majestie Wee haue thought 
 meete hereby to pray and require you to draw a bill ready 
 for his Majesties Signature containinge a Graunt to the said 
 Robert Harcourt and such others as he shall name vnto you 
 of aU. that parte of Guyana, as it standeth Limitted in his 
 Petition to his Majestie, together with such Cautions, Limit- 
 tations and Priviledges, as are contained either in the said 
 Petition or the Letters Patents formerly graunted for Vrginia 
 and the Plantation for Newfoundland, And as may stand 
 with the furtherance of the said intended Plantation and 
 the honor of his Majestie ffor which this shalbe your 
 
 warrant. 
 
 [/o. 43"- If 1.] 
 
 [4.] Windsor, 22 July: Present: — Lord Archbishop, Lord 
 Chancellor, Lord Chamberlen, Earl of Shrewsbury, Lord 
 Viscount Rochester, Lord Stanhope, Sir Jul. Csesar. 
 
 A Letter to the Judge of the Admiraltie. Whereas Newfound- 
 the Kings most excellent Majestie for the suppressinge 
 
6 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613-14. 
 
 of Pyratts which haunt and frequent the Seas to the 
 quiett and disturbance of the pubhque traffique and Trade 
 of his Majesties Louing Subiects, hath authorize our 
 very good Lord the Lord High Admyrall of England to 
 graunt and make fourth vnder the Seale of the Admyralty 
 Comission to such person or persons as shalbe thought meete, 
 by which they may be warranted and haue fuU power and 
 authority given them to presse and take vpp as many Shippes 
 and other Vessells furnished and provided in such manner 
 as may be sufficient for the apprehention and takeinge of all 
 such Pyratts in all Places where it shalbe expedient. And 
 for as much as Complainte is now made to the Board by the 
 Company of Marchants tradinge Newfound Land of greate 
 damage and losse they haue lately received to the value 
 of 20,400?. by divers Piratts haunting those partes Humbly 
 desiring that a Comission may be graunted them to sett 
 fourth a Shipp of warr to defend and guard the Sea coasts 
 of Newfoundland, and the same to be mayntained at the 
 costs and Charges of the ffishing ffleete which request being 
 iust and reasonable for security of their quiett course of trade 
 there wee haue thought meete to condiscend therevnto, and 
 do hereby pray and require you to graunt fourth a Comission 
 out of the High Courte of Admyralty contayning a warrant 
 vnto the said Company to sett fourth a Shipp of warr for the 
 suppressinge and apprehending of all such Piratts as roue 
 vpon the Seas to the generaU. preiudice of trading and 
 Marchandizing ffor which this shalbe your warrant. 
 
 [fo. 47.] 
 
 [5.] Whitehall, 4 January : Present : — Lord Chamberlaine, 
 Duke of Lenox, Earl of Worcester, Lord ffenton. 
 Virginia. A letter to Sir Thomas Smith. Wee haue lately receiued 
 
 diuers Complaints exhibited by the ffrenohe Embassador on 
 the behalfe of Certaine ffrenchemen of Rochell, St. John de 
 Luz and others, some of them Concerning outrages Committed 
 vpon them (as is alleadged) on the Coast of Canada by Captain 
 Argall employed for Virginia, others in their fishing voyage 
 
1614.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 7 
 
 towards Greenland by one Captain Benjamin Joseph, who 
 Commaunding a Shipp of the Muscovie Companie this last 
 Sommer found some of those ffrenchemen in those parts and 
 tooke from them a greate quantitie of Trayne and Whale bones 
 wherewith they had laden their Shipp, and sent them away 
 emptie as appeareth by the memorialls presented by the 
 ffrenche Embassador which wee send you heere withall. 
 fforasmuche as it wilbe expected that his Majestie should forth- 
 with giue some satisfaction to the sayd Embassador touching 
 theese Complaints. Wee haue thought good first to require 
 you to acquainte some of the Councell of Virginia heere 
 withall, as also some of the Muscovie Companie, so farr as it 
 Concernes eyther of them respectiuely, and to retourne vs 
 their seuerall and particular answers vnto eache of them 
 with all expedition, that the Embassador may likewise receiue 
 his answer from his Majestie or this Board. 
 
 [/o. 116. H 3.] 
 
 [6.J Whitehall, 23 January : Present : — Lord Archbishop of 
 Canterbury, Lord Chancellor, Lord Pr. Scale, Lord Cham- 
 berlaine, Lord Knollys, Lord Wotton, Lord Stanhope, Sir 
 Jul. Csesar. 
 
 The answere of the Uords of his Majesties Privie Councell Virginia, 
 vnto the complaynts exhibited by the Lord Embas- 
 sador of ffrance touching spoyles and other violences 
 supposed to be committed by his Majesties Subiects 
 of great Brittaine vpon the subiects of France, on 
 the Coast of Greeneland and Canada, 
 ffor the matter of Canada their llordships having required 
 the Treasurer and Councell of Virginia whom it concernes 
 to make answere therevnto, they say that since the Moneth 
 of June, they haue not received any shipp, or advice from 
 Virginia, whereby they cannot be informed of any such 
 misdemeanours but vpon Captain Argalls returne whom they 
 expect about the beginning of the Spring, or vpon any other 
 notice of the fact (whereof they wiU seeke to be informed 
 by all the meanes they may) they will certifie their llordships, 
 
8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1614-5. 
 
 wherevpon suche course shalbe taken, for restitution and 
 punishment of the offendors, as shalbe to the good satisfaction 
 and contentment of the sayd Lord Embassador and the parties 
 interessed. [/o- 121. 
 
 f ^ 1 & 5.] 
 
 The ship 
 Catherine. 
 
 " The Lord 
 Deputy of 
 Ireland, 
 made 
 
 acquainted 
 with this 
 busines, 
 and knew 
 noe cause 
 but that 
 the said 
 Birush 
 might be 
 discharged.' 
 
 Virginia. 
 
 [7.] WTiitehall, 10 May : 
 
 Whereas Christopher Birushe of Clone within the Ivingdome 
 of ffraunce, and Martine fioster of DubUn Marchante did 
 become bound in a bond of 1001. bearing date the 10 of 
 September 1613 unto Sir Wilham Ussher Knight Clarke of 
 his Majesties Privy Councell in Ireland, that the said Birushe 
 should make his personall appearance within six monethes 
 after the date thereof before the Lords of his Majesties Most 
 honourable Privy Councell here in England, and to submitt 
 himself to such order, as should be taken touching a Controursie 
 depending betweene the said Birushe and one WiUiam 
 Marlott for a Shipp called the Kathren of Olone. iiorasmuch 
 as the said Birushe, hath now presented himself before their 
 Lordships, and shewed good testimony that he could not 
 tender his appearance Avithin the tyme Limitted by reason of 
 Sickness - and other hinderances, .... In regard 
 whereof and for that there hath been no Suite made 
 to their Lordships by the said Marlott or any others concerning 
 that Shipp, nor any other Cause knowne whie he should attend, 
 he is therefore dismissed of any further attendance on their 
 Lordships in respect of the said Bond, which is hereby dis- 
 charged, [/o. 159b. ^ i_j 
 
 [8.] Yorkhouse.Thursday afternoon, 16 February: Present:— 
 L. Archbisshop of Canterbury, L. Chancelor, L. Treasorer, 
 E. of Worcester, E. of Pembroke, L. KnolHs, L. Wotton, 
 Mr. Secy. Winwood, Mr. Chancelor of the Exchequer, L. Cheife 
 Justice, Master of the RoUes, Sir Tho. Lake. 
 
 Wheras it pleased their Uordships some Moneths past, at 
 the humble suite of the Company of Virginia, to gyve order 
 for the writing of certeine Letters vnto the seueraU Cittyes 
 and Townes of this Kingdome, inviting and perswading the 
 
1615-16] ACTS OP THE PRIVY COUNCIL (COLONIAL). 9 
 
 Inhabitants there, to adventure in a certejoie Lotterye such 
 Somes of monye as they should tliinck fitting, according to 
 the Rules enclosed in the sayd Letters, therby the better to 
 enable the sayd Companye to proceede in that Plantation 
 of Virginia : And for asmuch as vpon further consideration 
 it was eomaunded by the Boarde, that stay should be made 
 of the sayd Letters, vntill further Order might be gyven on 
 that behalfe : It was this day (vpon the humble Suite of 
 Sir Thomas Smith, with the rest of the Company of Virginia) 
 thought fitting, and so accordingly ordered, that the sayd 
 Letters should furthwith be deUvered vnto Sir Thomas 
 Smyth, to the end they might be sent and dispersed 
 according to their seueraU directions.* [/o. 273. •! l.j 
 
 [9.] Greenwich, 26 May ; 
 
 [The imposition of two shillings upon every pound of Tobacco. 
 
 tobacco imported into the Kingdom is to come into force on 
 
 1 June, and not before.] [/o. 315. ]J 1.] 
 
 JAMES I. VOL. IL (1 June, 1615—31 March, 1617.) 
 [10.] Whitehall, 19 March: Present : — Lord Tresorer, Lord 
 
 AdmiraU, Lord Chamberlaine, Mr. Secretary Winwood, Mr. 
 
 Secretary Lake, Mr. Chancellor Exchequer. 
 
 A Letter to Sir Walter Raleigh. His Majestie out of his Sir \yalter 
 
 rlaleigh. 
 
 gratious incUnation towards you, being pleased to release you 
 of your ymprisonment in the Tower to goe abroade with 
 a Keeper to make your provisions for your intended voyage, 
 wee thinke good to admonishe you (though wee do not 
 prejudicate your owne discretion so much, as to thinke that 
 you would attempt it without leaue) that you should not 
 presume to resort either to his Majesties Court, the Queenes, 
 or Princes, nor goe into any publique assemblies wheresoever, 
 without espetiall hcence obtayned from his Majestie for your 
 
 * For one of these letters see C. S. P. L p. 17. 22 Feb. 1615. 
 
10 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1616-17. 
 
 warrant, But onely that you vse the benefitt of his Majesties 
 grace to foUowe the businesse which you are to vndertake, 
 And for which vpon your humble request his Majestie hath 
 beene gratiously pleased to graunt you that freedome. 
 
 [p. 202. ]I 2.] 
 
 [11.] Whitehall, 17 June. 
 Virginia This day Antonio da Costa doliueiro presented a Certificate 
 
 vnder the hand of Sir John Digby knight Vicechamberlen 
 to his Majestic and late Ambassador with the Kinge of Spayne, 
 bearinge date the 26 of January 161G Stilo nouo. Importinge 
 in effect That John Clarke an English Pylott taken formerly 
 by the Spaniards in Virginia, thence brought into Spajme and 
 imprisoned, was safely delivered into his hands and that the 
 said John Clarke was then freely in his House, and might goe 
 at liberty whether it pleased him. fforasmuch as Antonio 
 da Costa was formerly bound in an obhgation of lOOOZ. 
 pennalty that the said Clarke should be deliuered as afore- 
 said ; And that the said obhgation is in the hands and 
 custody of Mr. Cottington now in Spajme, he hath therefore 
 prayed, that notice may be taken of the said Certificate and 
 for his indempnity entry may be made thereof in the 
 Register of Councell Causes. [p. 301. •[[ 2.J 
 
 Traiaport- 
 afcioQ of 
 criminals. 
 
 [12] Hinchingbrooke, 24 March: Present: — Lord Keeper, 
 Earl of Arundell, Lord Wotton, Lord Carew, Mr. Secretary 
 Winwood, Master of the RoUes. 
 
 An open Warrant. Whereas it hath pleased his Majestie 
 oute of his singular Clemencie and mercy to take into his 
 princely Consideration the wretched estate of diuers of his 
 Subiectes who by the Lawes of the Realme are adiudged to 
 dye tor sondry offences thoughe heynous in themselues, yet 
 not of the highest nature, soe as his Majestie both out of his 
 gracious Clemencye, as also for diuerse weighty Considerations 
 Could wishe they mighte be rather Corrected then destroyed, 
 and that in theire punishmentes some of them might hue, and 
 
1617.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 11 
 
 yealde a profitable Service to the Common wealth in partes 
 abroade, where it shall bee founde iitt to imploye them. fEor 
 which purpose his Majestie having directed his Commission 
 vnder the greate Scale of England, to vs and the rest of his 
 privey Counsell, gyving full power Warrant and Authoritye 
 to vs or any Sixe or more of vs whereof the Lord Chancelor 
 or Lord Keeper of the Greate Scale, Lord Treasurer, Lord 
 Priuy Seale, and one principall Secretarye to be two, to 
 Reprive and stay from execution suche persons as now stand 
 Convicted of any Robbery or felony (willful! murther. Rape, 
 witchcraft or Burglary onely excepted) who for strength of 
 bodye or other abiUtyes shall be thought fitt to be imployed 
 in forreine disco veryes or other Services beyond the Seaes, 
 as shall be Certifyed vnto vs in writing by any one or more 
 of the Judges, or Serjeantes at La we before whome suche 
 felonyes haue been tryed, or in theire absence, then by two 
 suche principall Comissioners, before whome suche felons 
 haue been Convicted, and the sayd partyes so reprived and 
 certifyed as aforesayd, to appoint, bestowe, and Committ 
 to serve in suche Discoveryes or other forraigne imploymentes, 
 as wee or any Sixe or more of vs shall assigne, or appointe, 
 and the time to be prefixed by vs or any suche Sixe of vs as 
 aforesayd, how long the sayd Ofiendors or any of them shall 
 remayne in suche Imploymentes. Willing and Commaunding 
 by vertue of the sayd Commission aU his Majesties Judges, 
 Justices, Sherifes, Gaolers, and aU other his Majesties ofiicers 
 and loving Subiectes to whome it shall apperteyne to be 
 ayding and assisting to the Due performance of the premisses 
 with this speciaU proviso, that if any of the sayd OfEendors 
 shall refuse to goe, or yealding to goe, shall afterwardes come 
 back, and returne from those places where they are, or shall 
 be sent or imployed, before the time hmmitted by vs his 
 Majesties Commissioners be fully expired, that then the sayd 
 Reprivall shall noe longer stand nor be of any force, but the 
 sayd Offender or Offenders shall from thence forth be subject 
 to the execution of Lawe, for the offence whereof he was first 
 convicted as if nothing had been doon by vertue of this 
 
12 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617. 
 
 Commission. Theese are therefore to signifye vnto aU his 
 Majesties Officers and other persons whome it may Conceme, 
 that having received a Certificate from Sir Henry Finche 
 knight, one of his Majesties Serieantes at Lawe, and Sir 
 Wilham Louelace knight one of the Justices of peace in the 
 Countye of Kent, that John Browne now prisoner in his 
 Majesties Castle of Canterbury, being a person of able bodye, 
 and fitt to be imployed in the partes beyond the Seaes, hath 
 had his Tryall before them, and standes convicted of felonye 
 (but not for any Murther, Rape, Burglary or Witchcraft) Wee 
 doe by vertue of his Majesties sayd Commission Reprive the 
 sayd John Browne from execution of Lawe, and doe appoint 
 him to be dehuered vnto Sir Thomas Smith knight Gouernor 
 of the East Indie Company or his Assignees, to be Conveyed 
 into the East Indies or other partes beyond the Seaes where 
 he shall direct, with aU convenyent speede, and not to retume 
 agajme vpon the payne before specif yed, without Warrant 
 first obteyned vnder the handes of Sixe of vs of his Majesties 
 Privey CounceU. And doe will and in his Majesties name 
 Commaund the Highe Sherife of the Countye where the sayd 
 John Browne doth remayne, to deliuer him accordingly to 
 the sayd Sir Thomas Smith or those whome hee shall appoint 
 to receiue him. ffor doing whereof this being according to 
 his Majesties Commission, shall be to him a sufficient Warrant 
 and discharge in that behaKe. [pp, 601-2.] 
 
 JAMES I. VOL. IIL (1 April, 1617-31 Oct., 1618.) 
 [13.] Whitehall, Sunday afternoon, 13 July : 
 Sinsported. ^^ °P^^ Warrant for the Reprive of Christopher Potley 
 Roger Powell, Sapcott MoUneux Thomas Middleton, arid 
 Thomas Chrouchley Prisoners in Oxford Gaole, and to dehver 
 them vnto Sir Thomas Smyth knight to be transported 
 mto Virginia or other partes beyound the Seas with prouisoe 
 
1617.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 13 
 
 that they retourne not againe into England according to the 
 forme of a former Warrant entred at large the 24 March last. 
 
 Upon Certificate from Sir Peter 
 Warberton and Sir Randall Crew. 
 VV- 91- H 2.] 
 [14.] Whitehall, 24 August: 
 
 [A similar warrant for the transportation of] George Criminal 
 Harrison out of Hartford Gaole condempned for steahng of ''^"^P"'' ^ 
 a Horse. [p. 121. ]f 2.] 
 
 [15.] Whitehall, Simday afternoon, 1 8 November : Present : — 
 Lord Treasorer, Lord Carew, Mr. Secretary, Master of the 
 RoUs. 
 
 A Letter to the Lord highe Admirall of England. Wee Sir ^Valter 
 are very sorry to, vnderstand that your Lordshipps ill ^'^ 
 disposition of health hath beene such as not to suffer you 
 to bee present at the day appointed for the examination of 
 Captaine Bayhe, But that businesse may well attend your 
 Leasure ; In the meane time if your Lordship can discover 
 any thing against Bayhe, or to cleere those doubts which 
 vpon this occasion haue beene raysed of Sir Walter Raleighs 
 courses and intentions as it seemes by a Letter which wee 
 haue seene from your Lordship vnto Sir George Caluert 
 Clarke of the Councell, wee shalbee as wilhng to entertaine 
 the knowledge thereof as your selfe. But till then wee are 
 stiU of the same opinion vnder your Lordships favor, as wee 
 were before, for the Release and the dehvery of the shippe 
 and goods vnto Captaine Baylie, hee putting in such suificyent 
 caution as the Judge of the Admiralty, shall thinke meete 
 to giue satisfaction vnto all such as shall make any just 
 clayme to haue Interest in her or the goods by way of 
 Adventure or otherwise. £Eor which wee pray your Lordship 
 to giue ymmediate order accordingly. [p. 175, ^ 2.] 
 
 [16.] Whitehall, 4 December : Present : — Lord Archbishop 
 of Canterburie, Lord Keeper, Lord Treasurer, Lord Priuie 
 Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell, 
 
14 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617-]8. 
 
 Lord Bishop of Elie, Lord Zouch, Lord Wotton, Lord Hay, 
 Mr. Comptroller, Mr. Seoretarie, Mr. Chancellor of the 
 Exchecquer, Master of the RoUes, Sir Edwarde Coke. 
 Virginia. Vpon a Referrence from hia Majestie to this Boards, 
 
 concerninge a petition exhibited by the Councell, and 
 Adventurers of the Virginia Plantation, for some further 
 time to bee Custome free for goodes retorned from Virginia, 
 longer then the Tearme of Seaven yeares mentionned in theii 
 Letters patents, or otherwise, that they may enioye that 
 finale remainder of the Tearme contayned in their said Graunt. 
 It is vpon due consideration thereof this day orderred, that 
 the Lord hiegh Treasurer of Englaunde doe giue Warraunt, 
 and direction to his Master Officers, and fiarmors of his 
 Customes of the Porte of London, that the said Companie 
 of Virginia bee exempted, and discharged, of Customes, Sub- 
 sidies, and other duties to his Majestie for anie goodes, or 
 Marchaundizes transported to the CoUonie in Virginia, or 
 imported from thence into this Realme, dureinge the Tearme 
 of Priuiledge contayned in their Letters patentes : which is 
 vnderstoode to bee for a yeare to come, or thereaboutes, and 
 noe longer : which their Uordships doe yeild vnto as a special] 
 fauour to that Companie in regarde of their charge, and 
 Industrie in the Settleinge of that Plantation, and not to bee 
 further continewed, or expected, after the expiration of their 
 said Graunt. [p. 201 II 1 1 
 
 [17.] Whitehall, Sunday, 11 January: 
 Captain A Warrant to the Keeper of the Gatehowse to receive into 
 
 his Custodie Captainc John Bailie and to keepe him close 
 prisoner. ^^ 231. H 2.] 
 
 [18.] Ibid. 
 
 Captain The Judge of the Admiraltie this Day attending the 
 
 Boord, together with the Register of the Courte, and aU suche 
 
 Exammations and Depositions as had been formerly taken 
 
 touchmg the Departure of Captaine John Bayly with his 
 
1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 15 
 
 Shippe and Company from Sir Walter Raleigh at the Island 
 of Lancerota, and the Causes pretended to move him there- 
 vnto, as also the Copie of his Majesties Comission graunted 
 vnto the sayd Sir Walter Raleigh for his intended voyage vnto 
 certeyne partes of America ; together with a paper in the nature 
 of a Relation or Joumall of what had passed in the same voyage 
 from the time of their setting forth, vntill their Arrivall at 
 Lancerota, written by Captaine Bayly, and dispersed by him 
 in severaU Copies vnto some of his particular freindes after 
 his retume into England, being all this Day pubHckly read 
 before their Lordshipps and the sayd Captayne Bayly himselfe 
 viva voce heard what he Could saye in his owne iustification 
 and Defence : Their Lordshipps having first grauely debated 
 and weighed the same, and aU considerable Circumstances 
 thereto apperteyning, doe with full Consent agree and con- 
 clude, that the sayd Captaine Bayly hath behaved himselfe 
 vndutifully and Contemptuously not only in flying from his 
 Generall vpon some false and other frivolous suggestions with- 
 out any iust Cause at all, but also in Defaming his sayd Generall 
 in the before mentioned Joumall or Relation, wherein he 
 Chargeth him with Cousenage and layeth vpon him other fowle 
 and base imputations, ffor which Cause their Lordshipps haue 
 thought him worthie of Imprisonment for the present, and 
 to be proceeded withaU afterwardes for his sayd Offences as 
 to Justice doth belong. Moreover whereas vpon another 
 Information lately brought vnto the Lord Admirall, and by 
 his Lordshipp this day (after the other Businesse had been 
 heard ^.t large) communicated vnto the Boord, shewing that 
 Captaine Baily dyd vpon Thursday last the 8 of this Moneth, 
 in the presence and hearing of one Captaine Chester, Hasell, 
 Wilkes and others, vtter Certejme threatning Speeches against 
 the sayd Sir Walter Raleigh, which Bayly then sayd hee 
 would this Day acquaynt the Lordes withall, synce Sir Walter 
 Raleighs freindes went about to vndoe him, and overthrowe 
 his fortunes ; the effect of which Speeches were, as some of 
 the Witnesses aforesayd being Called and present dyd averre 
 at the Boorde, That he Could Charge Sir Walter Raleighe and 
 
16 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618. 
 
 other greate ones with matter of Treason against his Majesty 
 Committed or conceived about a Tweluemoneth since, as his 
 wordes at that tyme are sayd to importe. The sayd Bayly 
 was this day also interrogated thereupon by their Lordshipps 
 who Denyeth the same in parte, that is, that hee never sayde 
 he could Charge any greate ones, other then Sir Walter Raleigh 
 with Treason, nor him neyther, but out of the Mouth and 
 Reporte of one Mr. Hastinges Brother vnto the Earle of 
 Huntingdon who is gone with Sir Walter Raleigh this Joumy, 
 and at Plimouth tolde the said Bayly (as hee affirmeth) that 
 hee had matter of Treason to Charge Sir Walter Raleigh 
 withall, but in what particular Bayly knoweth not ; Never- 
 theles forasmuch as the sayd Baily having a Matter of see 
 highe and haynous a nature as this is concernyng his Majesties 
 person or state (whome God preserue) revealed vnto him soe 
 long synce, and hee not discovering the same sooner, as in 
 duty and by the Lawe he was bound upon his peril! ; besydes 
 that hee blauncheth and Deales not ingenuously in his Answer 
 to that point as their Lordshipps doe suppose They haue 
 thought fitt, and soe doe Order, that hee shall be first Com- 
 mitted to Close Prison for this Cause alone, and Direction 
 given to his Majesties learned Councell for the further 
 Examination of him, and suche others as were present when 
 the sayd wordes were spoken ; And howbeit it should soe 
 fall out that he might be acquitted touching the sayd Matter 
 of Treason, and noe Cause founde in that respect to deteyne 
 him any longer in Close Prison, Yet is it ordered that hee shall 
 neverthelesse there Continew vnder Restraint for his Mis- 
 demeanor towardes his Generall Sir Walter Raleigh, and 
 bee proceeded withall otherwise according to Lawe, and as in 
 the first parte of this Act is aboue mentioned and Declared. 
 
 [p. 231. ^ 4.] 
 
 [19.] Whitehall, Sunday, 11th January. 
 Captain A letter to the King. [The Council report to his 
 
 Majesty the whole proceedmgs touching Captain Bayly.] 
 If any thing more shall occurre upon a new Examination 
 
 Bayly. 
 
1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 17 
 
 before your Learned Councell wourthie your Majesties know- 
 ledge, wee shall humbly advertize the same. \p. 233.] 
 
 [20.]* , 13 January : Present : — Lord Archbishop, Lord 
 
 Chancellor, Lord Treasorer, Lord P. Scale, Lord Steward, 
 Lord Bishop of Ely, Lord Carew. 
 
 A Letter to Mr. Atturny generall. You shall receiue Captain 
 heerewithall a copie of an Order made at this Boord ^^ ^ ' 
 concerning Captaine Bayly, by which it will appeare vnto 
 you, that besides his first contempt and offence, for 
 which hee was convented before tkis Boord, there is other 
 matter layd to his charge of a higher nature discouered vpon 
 this Examination, fforasmuch as the same toucheth vpon 
 matter of Treason, Wee haue committed him to close Prison 
 and do require you to take some time as soone as you may 
 for his further examination vpon that point, and of such 
 wittnesses also as heard the same, and are readie to testifie 
 it against him, whose Names you shall finde mentioned in 
 the sayd Order. Hee is Prisoner in the Gatehowse and shalbee 
 readie to attend you, whensoeuer you giue order vnto the 
 Keeper to bring him before you. [p. 234. Tl 1.] 
 
 [21.] Whitehall, 1 February : 
 
 [Captain Bayly is admitted the hberty of the prison, Captain 
 
 on his wife's petition and representation that close ^^^' 
 imprisonment had much impaired his health.] 
 
 [p. 257. ^ 1.] 
 
 [22.] Whitehall, 23 February : 
 
 [A contemptuous and insolent petition having been Captain 
 exhibited in behalf of Captain Bayly, he is] againe comitted 
 closse prisoner, and aoe to remayne untill further order. 
 
 [p. 281. last If.] 
 
 [23.] Whitehall, 27 February : 
 
 A Warrant to the Keeper of the Gatehouse in Westmynster. Captain 
 [As Captain Bayly] hath now made an humble acknow- 
 
 * The Register leaves it doubtful where this meeting was held. 
 
18 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618 
 
 ledgment vndor his hand of his offence, and harty 
 sorrowe tor the same, and withall humbly craned his Majesties 
 pardon and forgivcnes. Theis shalbe to will and require you 
 to enlarge and sett at Liberty the person of the said John 
 BayUe vpon Bond to be first taken by the Clerke of the Councell 
 attendant for his forth comeing and appearance before vs 
 at all tymes within tenn Dayes after warning given him in 
 that behalf ffor which this shalbe your Warrant. 
 
 To the right honourable the llords and others of ^his 
 Majesties most honourable Priuy Councell. 
 
 The humble petition of Capten John Bayhe now 
 close prisoner in the Gatehouse. 
 Humbly shewing to your llordships that my departure 
 from Sir Walter Raleigh was for that I conceived that he 
 did not proceed according vnto his Majesties Comission, 
 therefore for feare of offence to his Majestie T departed 
 although that thereby I lost my advejiture being a greats 
 parte of my Estate. 
 
 But forasmuch as vpon full hearing of the Cause before your 
 llordships it appeareth to your llordships that your petitioner 
 hath much offended not only in leaueing his T\Iajesties 
 Comission but also in defameing Sir Walter Raleigh. 
 
 Yotxr petitioner vpon deliberate consideration with himself 
 doth humbly confesse and acknowledg his punishment to be 
 most iust, and is very hartely sorrie for his said offence, and 
 doth humbly intreate your llordships honorable mediation 
 to his Majestie for pardon and forgivenes of the same. 
 
 And for that yoiu- petitioner hath sustayned greate losse 
 by his said departure and indured long imprisonment for his 
 said offence, your petitioner doth therefore most humbly 
 beseeche your Honors not to conceive his said offence proo- 
 ceeded either of malice or willfuUnes but for want of true 
 Judgment which hath turned to his owne vndoinge. 
 
 And therefore I humbly intreate and beseeche 
 your Honors to be pleased to pardon my said offence 
 and to take such compassion of me that I may be 
 
1618.] ACTS OF THE PRIVY COtTNCIL (COLONIAL). 19 
 
 restored vnto my libertie. And (as in duty bound) 
 I wiU dayUe pray for your Uordships longe life and 
 continewall happines. 
 
 John Baylio. 
 
 [p. 28S.] 
 
 [24.J Whitehall, 5 March : Present :— Lord Archbishop, 
 Lord Chancelor, Lord Viscount Fenton, Lord Bishop of Elie, 
 Lord Carew, Mr. Treasorer, Mr. Secretary Lake, Mr. Secretary 
 Naunton, Master of the RoUes. 
 
 A letter to the Lord De la Ware. Whereas Henry Virginia. 
 Sherley sonne of Sir Thomas Sherley knight, being im- 
 prisoned in the Kinges Bench vpon an Execution for 
 severall Actions of Debt, hath made an Escape out of 
 that prison, and as it is thought will attempt to transport 
 himself e into some partes beyond the Seaes, and happily into 
 Virginia now vpon this occasion of your Lordships going 
 thither : Although wee presume your Lordship is soe noble 
 as you will not Countenance or protect him, or shellter him 
 vnder your Company, standing in soe ill tearmes as hee doth : 
 yet because he may without your privity enterprize such a 
 thing, Wee haue thought good to pray and require your 
 Lordship to be as careful! as you may, not to suffer any such 
 attempt, being of ill example; whereof wee doubt not. 
 
 [p. 295. ^ 3.J 
 
 [25.1 Whitehall, 20 March: 
 
 [A warrant (cf. 12) for the transportation to Virgim'a of] Criminal 
 
 . -»T ' transported. 
 
 William Lambe, prisoner in Newgate. 
 
 Ip. 319. ^1 6.] 
 
 [26.] Whitehall, 23 July : Present :— I^ord Archbishop of 
 Canterbury, Lord Chancellor, Lord P. Scale, Lord Chamberlen; 
 Earl of Arundell, Lord Carew, Mr. Treasorer, Mr. Vice 
 Chamberlen, Mr. Secretary Naunton. 
 
 A letter to Sir Lewis Stewkley knight vice admirall of Sir Waiter 
 Devon. You have vnder your Charge the person of Sir **"§'■ 
 
20 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618. 
 
 "Sentposte Walter Raleigh knight touching whome and his safe 
 
 Tailor bringing hether before vs of his Majesties privey Counsell 
 
 the same jou haue received sondry directions signifying his Majesties 
 
 '^'^X ^1 ^ f pleasure and Comaundement. Notwithstanding wee finde noe 
 
 noone." execution thereof as had becomed you, but vayne excuses 
 
 vnworthie to be offered vnto his Majestye or to those of his 
 
 Counsell from whome you received his pleasure. Wee haue 
 
 therefore now dispatched this letter vnto you, and hereby 
 
 doe will and Comaund you in his Majesties name and vpon 
 
 your Allegiance, that all Delay es and excuses sett aparte (of 
 
 which wee will heare noe more) you doe safely and speedily 
 
 convey hether the person of the sayd Sir Walter Raleigh, to 
 
 answer before vs such matters as shall be obiected against 
 
 him on his Majesties behalfe. And of this you are to be 
 
 carefuU as you will answer the contrary at your perill. 
 
 [p. 474. last If.] 
 
 [27.] Whitehall, 30 July : 
 
 Sir Walter [A letter to the lieutenant of the Tower, requiring him to 
 
 ^®^s • receive Sir Walter Raleigh into his charge and keeping], 
 
 with that Liberty as hee enjoyed when he was last discharged 
 
 thence. [p_ 494. ^ 3.] 
 
 [28.] Windsor, 9 September : 
 Sir Walter A letter to Sir Thomas Will son knight. Whereas his 
 
 Raleigh. tit • , i .1 . 
 
 Majesty hath given speciall order for some person of 
 trust to be placed in the Tower with Sir Walter Raleigh 
 now prisoner there, and to remayne in his Company vntill 
 his Majesties pleasure be further knowne, [Wilson, as a 
 trustworthy person, is required to repair to the Tower and 
 take charge of Raleigh,] Hot suffering any person to haue 
 accesse vnto him, or to haue speeche with him but in your 
 hearing, nor any at all but suche as of necessity must attend 
 him for his dyett and such ordinary occasions as close 
 prisoners vsually haue, and not otherwise. And whatsoeuer 
 you shall obserue worthie our Advertisement, to acquaynt 
 vs with it from time to time as becometh you. 
 
 [p. 509. •! 3.] 
 
1618.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 21 
 
 [29.] Hampton Court, Sunday, 27 September : 
 
 [A letter to the Lord High Admiral. Notwithstanding the sir Walter 
 stay of such ships as went with Sir Walter Raleigh in his ^'^^®'^*' 
 voyage to Guiana, his Majesty has been pleased to grant a 
 petition of Captain Chudeley for the delivery of his ship to 
 him, and it is accordingly to be so deUvered.j 
 
 [p. 518. 11 1.] 
 
 [30.] Star Chamber, 31 October: 
 
 [Ann RusseU to be transported to Virginia according to criminal 
 the form laid down in 12.] [p. 545. ^ 3.] transported. 
 
 JAMES I, VOL. IV. (1 Nov. 1618—28 Feb. 1621.) 
 [31. J Star Chamber, 4 November: 
 
 Whereas a Petition was this day presented vnto the Boord Newfonnd- 
 in the name and on the behalfe of the Owners of Shippes, ''^"'*' 
 Merchantes adventurers, and ffisshermen within the seuerali 
 Ports of Plimouth, Dartmouth, Barnstable, Weymouth, Poole, 
 Hampton, and other the Sea Port Townes within the Countyes 
 of Devon and Dorsett, and the same Recommended by letters 
 from the Earle of Bathe Lord Leiuetenant of the County of 
 Devon, by which Petition their Lordshipps are informed that 
 the ffisshermen of the sayd Ports having allwayes heretofore 
 accustomed vpon their ArrivaU in New found land, to make 
 their owne Choise of places fitt for making their ffishe, and 
 after their fisshing to leave suche Salt, Caske, and other 
 provisions as they could not bring away, as also their Boates, 
 vntiU the next yeare following, are now by those of the New 
 Plantation there resiant put from sondry of their Places, 
 vnder pretence of a Charter graunted by his Majesty and greate 
 quantityes of their Salte, Caske and other Provisions taken 
 away, with diverse other wronges and abuses offered vnto 
 them, as by their Petition more at large will appeare. Their 
 Lordshipps well vnderstanding the singular importance of 
 that Newfound land fishing vnto the westerne parts of this 
 
22 ACTS OK TIIK I Ml IVY COUNCIL (COLONIAL). [1618. 
 
 Kii\ji;(loiiio, l)oing a priticipall Nursery and meanes to increase 
 Mariiiors and Njivi!.,'jit.i(iii, and a greate Maintenance to an 
 infinite numlnT ol liiw [Vlaj(^'^tio8 Subiectes inhabiting in that 
 part of tlie Roabiic, me pleased to take the reformation of 
 the sa yd Greevanoes into thoir honorable Care and consideration. 
 And for that it is fitt that the New found land Company should 
 be first heard what they can answer vnto the Complaints 
 conteyned in the Petition afore mentioned, It is ordered by 
 the Boord, that Sir Thomas Edmondes knight Treasorer 
 and Sir Henry Carew knight Comptroller of his Majesties 
 most honorable Howsholde, Mr. Secretary Naunton, Mr. 
 Chauncellor of the Exchequer and Sir Edward Coke or any 
 three or more of them, shall call before them some of the 
 Company of the Newfound land plantatyon resiant heere in 
 London, as also the party that solliciteth the Cause in the 
 behalfe of the westeme Ports. And informing themselues as 
 in their discretion shall seeme good, of the truthe of the 
 particulars suggested in the Petition, to make Reporte vnto 
 the Boord of their opinions touching the same. As also what 
 in their Judgments they thinck meete for establishing some 
 such settled order and course for the time to come, as that 
 the petitioners may peaceably proceede in their ffishing, as 
 in former times they haue done, without preiudice to the 
 plantation or interruption from them. [jyp. 10-11.] 
 
 [32.] Whitehall, 30 November : 
 
 (^.^.j^^^ [An open warrant for James Stringer, prisoner in Newgate, 
 
 transported, to be sent over and disposed of by Sir Thomas Smyth into 
 
 Virginia and other foreign peirts.] [p. 53. last %] 
 
 [33.] ^Tiitehall, on Sonday aftemoone, 13 December : 
 Present: — Lord Archbishop of Canterburie, Lord Chancellor, 
 Lord M. Hamilton, Lord Bishop of Elie, Lord Bininge, Mr. 
 Treasurer, Mr. Secretary Xaunton, 3Ir. Chancellor, Master of 
 the RoUes. 
 
 Newfound Whereas Diners articles of greevances haue ben ofEred to 
 
 this Boarde by way of petition from the westeme partes of 
 this Kingdome, touchinge those of the Plantation in Newfound- 
 
1618-19.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 23 
 
 launde. Wherewith the Governors of that Plantation beinge 
 made acquainted, did retorne aunsweare in writeinge there- 
 vnto. All which beinge Duly considerred of, fforasmuch as 
 it appeareth that his Majestie in his Pj-incely care and proui- 
 dence, was graciously pleased to prouide by his letters patentes 
 for the settlinge of that Plantation that there bee saued, and 
 reserved vnto all manner of persons of what Nation soever, 
 and allsoe to all and every his lovinge Subiects, which doe 
 or hereafter shall trade, or voyage to the partes of Newfounde 
 launde for ffishinge, all and singular liberties, powers, ease- 
 ments, and other benefitts whatsoever, as well conoerninge 
 their said ffishinge, as all other circumstances and incidents 
 therevnto, in as large and ample manner, as they haue 
 heretofore vsed, and enioyed the same, without anie Impeach- 
 ment disturbance or exaction anie thinge in that Patent to 
 the contrary notwithstaundinge It is held very iust, and 
 expedient, and accordingly orderred, that 'the said prouisoe 
 bee duly, and punctually observed. And that neither the 
 Governors here, nor such as are resideinge in that Plantation 
 doe direct or attempt anie thinge in that place, contrary to 
 the said Prouisoe or anie parte of the same, to the disadvantage 
 of the ffishinge vpon that Coast, vpon such punishment, as 
 shalbe thought fitt to bee inflicted vpon offenders in that 
 kinde. [p. 58.] 
 
 [34.] Whitehall, 7 March: 
 
 Vpon Complaint made by Roger North esqr. on the behalf e Guiane. 
 of himself, and divers Noblemen, and gentlemen of quallity, 
 That whereas it pleased his Majestie by Letters Pattentes bearing 
 date the 28 of August in the eleventh yeare of his Majesties 
 Raigne to graunt vnto Capten Harecourt that parte of Guiana, 
 or Continent of America that Lyeth betweene the River of the 
 Amazones, and the River Desequebe contayning 300 Leagues 
 vpon the Sea Coast, and inwarde into the Lande without 
 Lymittation ; The said Capten Harecourt hath not hitherto 
 proceeded in any Plantation there according to the intent 
 of that Graunt, but withall hath refused reasonable and honest 
 
24 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619. 
 
 Conditions offerred vnto him from the petitioners for the 
 Plantation thereof to the greate preiudice of his Majesties 
 Seruice in those partes. It is this Day orderred that the Lord 
 Archbishop of Canterbury, Lord Stewarde of his Majesties 
 Houshold, the Earle of Arundell, the Lord Digbie, Mr. 
 Comptroller of his Majesties Houshold, and Mr. Chancellor 
 of the Exchequer or any fowre of them, calhng both parties 
 before them, shall vpon hearing of the Cause settle such 
 a Course therein as shalbe most expedient for his Majesties 
 Seruice. [p. 124. ^ 1.] 
 
 [35.] WhitehaU, 14 March : 
 
 Guiana. The busines concerning the Plantation of the Country 
 
 lying vpon the River of the Amazons in the West Indies being 
 this day heard at the Boarde, [the patent formerly granted 
 to Captain Harcourt was referred to Sir Juhus Caesar and Sir 
 Edward Coke, to be perused and looked into]. 
 
 IV- 13L II 1.] 
 
 [36.] Whitehall, 16 March : Present : — Lord Archbishop 
 
 of Canterbury, Lord Chamberlen, Earl of Arundell, Lord 
 
 Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comptroller, 
 
 Mr. Secretary Naunton, Master of the RoUes, Sir Edwarde Coke. 
 
 Guiana. Vpon retorne of the report from the Master of the Roles, 
 
 and Sir Edward Coke concerninge the Plantation of that 
 parte of Guiana lyinge vpon the Riuer of the Amazons in the 
 West Indies : It was orderred that the Patent formerly graunted 
 to Capt. Hareoourt should bee called in, and Comissions of 
 Discouery graunted to him, and Capt. North to bee drawen 
 vp by the advise, and Direction of the Master of the RoUes, and 
 Sir Ed. Coke, And vpon their proceedings, and Discoueries vpon 
 those Comissions further order may be taken as shalbe found 
 requisite. [p. 133. last \'] 
 
 [37.] * , 18 April: Present :— Lord Archbishop of 
 
 Canterbury, Lord Chancellor, Lord Priuy Seale, Lord Stewarde, 
 Lord Chamberlen, Earl of ArundeU, Lord Viscount Walling- 
 
 * The Itegister leaves it doubtful where this meeting was held. 
 
1619.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 25 
 
 forde, Lord Bishop of Winchester, Lord Carew, Lord Digbie, 
 Mr. Treasurer, Sir Edward Coke. 
 
 A letter to Sir Thomas Couentree knight his Majesties Guiana. 
 Sollicitor generall. fforasmuch as our very good Lordes the 
 Lord Duke of Lenox, and the Earle of Arundell, and Roger 
 North esqr. haue found out and discouered meanes by 
 Shipping, and are very desirous to vndertake Journeys by Ship- 
 ping vnto the River of the Amazons in America, and into the 
 Countries Lying thereaboutes (being inhabited with Heathen 
 and sauage people, that haue no knowledg of any Christean 
 Religion for the saluation of their Soules, and that are "not 
 vnder the Gouerment of any Christian Prince, or State). As 
 well for the conversion of them to the Christian ffaith, and 
 for a further Discouery into those Countries. As for setthng 
 a Trade and Traficke with them for some Comodities and 
 Marchandises which are found necessary for the Subiectes of 
 our kingdomes and Domynions. Wee haueing had Con- 
 sideration hereof by his Majesties Direction, hold it very 
 necessary for the furtherance of this intended Worke. That 
 the said Lordes and such othrs as they shall sufierr to be 
 Adventurers with them be incorporated as is vsuaU in 
 Like cases. And therefore wee pray and require you to 
 prepare a BiU ready for his Highnes Signiture to that purpose, 
 whereby they may haue as Large power, and priviledges for 
 carrying over of Shipps, Men, Munition, and Armour, and 
 doeing of other thinges necessary for their Voyages, and 
 settling of their Company or otherwise as haue ben graunted 
 to any others heretofore vpon Like Vndertakinges and Dis- 
 coueries with such further priviledges as you shall thinke 
 fitt And that the places where they shall haue their Plantation 
 or vse their Trade, and trafficke shaU extend from the River 
 of Wyapoco to fine Degrees of Southerly Latitude, from any 
 parte or Braunch of the River of Amazons otherwise called 
 Orehana and for Longitude into the Lande to be Lymitted from 
 Sea to Sea fEor which this shalbe your warrant. 
 
 b- 158. H 2. 1 
 
26 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619. 
 
 Sir Walter 
 Raleigh. 
 
 Ouiana. 
 
 [38.] Greenwich, 23 May : Present : — Lord Archbishop of 
 Canterbury, Lord Marq. Hamileton, Lord Chamberlen, Earl 
 of Arundell, Earl of Southampton, Lord Viscount Wallingford, 
 Lord Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comp- 
 troller, Mr. Secretary Naunton, Mr. Secretary Caluert, Master 
 of the Rolles, Sir Edward Coke. 
 
 A Letter to the Lord Carew. Whereas the Earle of 
 Huntingdon, did, at the instance and request of some freindes 
 lend vnto Sir Walter Raleigh in his Late Voyage to Guiana 
 two greate cast Pieces of Ordinance of Brass to be restored 
 backe to his Lordship at Sir Walter Raleighs retourne And 
 that his Lordship is an humble suitor that the same being 
 now mounted, and disposed in one of his Majesties Shipps 
 may be dehuered vnto him accordingly, fforasmuch as Sir 
 Walter Rahegh by a Letter written vnto vs a little before his 
 Death did acknowledg those two Pieces to belong to the Earl 
 of Huntingdon. Wee haue thought good hereby to pray 
 your Lordship to give order, that those two said Pieces of Brasse 
 Ordinance be dehuered vnto such as his Lordship shall 
 appointe and authorize to receive the same, ffor which this 
 shalbe your warrant. [p. 199. ^ 3.] 
 
 [39.] Star Chamber, 13 June : Present : — Lord Archbishop 
 of Canterbury, Lord Chancellor, Lord Priuy Scale, Lord 
 Steward, Lord Viscount Wallingford, Lord Zouch, Lord 
 Carew. 
 
 A Letter to Mr. SoUicitor. Whereas his Majestic hath ben 
 graciously pleased at the humble Suite of divers of the NobiQity 
 and other principall gentlemen to give way to a Plantation 
 vpon 'the River of the Amazones in the West Indies : To 
 which purpose there is a Comission of Priuiledge to be graunted, 
 and prepared ready for his Majesties royall Signiture. These 
 shalbe to pray and require you to prepare and make readie 
 the said graunt, with as many PriuUedges and Immunities, 
 as are contayned in a Graunt formerly made to Capt. 
 Harecourt of some of those partes, Saucing only, that in this 
 Graunt now in hand, there be noe tyme given by way of fauor 
 
1619.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 27 
 
 to exempt the Comodities brought from thence from Custome 
 dutie : But that they pay Custome for all such Comodities as 
 shalbe brought from thence : His Majestie being gratiously 
 pleased to forbeare the Impositions due vpon the same, 
 ffor which this shalbe vnto you sufficient warrant. 
 
 Vp. 218. TI 1.] 
 
 [40.] Hampton Court, 28 September : 
 
 A Letter to the Justices of peace of the Countie of Middlesex. Tobacco. 
 Information hath ben made to his Majestie That the Gardens, 
 yardes, and such like places in and aboute the Skirtes and Con- 
 fynes of London, that haue heretofore ben vsed for settinge 
 of rootes, herbes, and other necessary provisions of foode, to 
 the greate benefitt of the poorer sort of people, doe nowe of 
 late begin to bee soe generally taken vp at hiegh rates, and 
 imployed for plantinge of Tobacco as is like to proue very 
 preiudiciall, and of ill consequence, in Looseinge the good, 
 and vsefull fruits, which those grounds formerly produced : 
 ffor the preventinge whereof wee haue thought it expedient to 
 giue you notice of this information, and withaU to pray and 
 require you to take order for the restraint of this growinge 
 evill, by prohibitinge the plantinge of anie Tobacco in anie 
 place neere the Citties of London or Westminster reservinge 
 the Soyle, and groundes there for such necessary vses as for- 
 merly was accustomed, and limitinge the Tobacco-Owners to 
 places further of and such as may bee without the inconveni- 
 ences before mentionned : Which you are to see accord- 
 ingly performed. \jp. 289. last ^.] 
 
 [41.] Star Chamber, 6 December: 
 
 A Letter to Abraham Jacob esqr. fiorasmuch as the Tobacco, 
 detayning of a parcel! of Tobacco belonging to the Treasurer, 
 Councell and Company for Virginia amounting to Twenty 
 Thousand pound waight, and brought home in a Shipp retourned 
 from thence in June Last vpon a question of payment of some 
 duties which the said Company doe pretende not to be lyable 
 vnto; is very preiudicall and hurtfuU to the said Company 
 
28 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619-20. 
 
 aswell by the decay of that Comodity as it now lyeth as 
 otherwise by discouraging the Adventurers speciaUy at thia 
 tyme, that the Plantation groweth so well on to perfection : 
 Wee haue thought it very expedient peremptorily to require 
 and comaund you to dehuer as well that parcell of twenty 
 Thousand pound waight retoumed in June Last, and now in 
 the Custom house as alsoe any other quantity of Tobacco 
 which shalbe shortely imported from the Summer Islandes, 
 and is now daylie expected to arriue here vnto the Treasurer 
 and Company for Virginia : Whoe haue submitted them- 
 selues to pay such duties vnto you for the foresaid quantities 
 of Tobacco as shalbe adiudged by vs to be due vnto you in 
 Justice Soe as you need not doubt but you shall haue and 
 enioye what soever is due vnto you according to the tenor 
 and true intent of Your Letters Pattentes. [p. 358. ^ 1.] 
 
 [42.] Whitehall, 31 January : Present : — Lord Archbishop 
 of Canterbury, Lord Chancellor, Lord Priuy Scale, Earl of 
 ArundeU, Earl of Southampton, Lord Carew, Lord Digbie, 
 Mr. Treasurer, Mr. Comptroller, Mr. Secretary Naunton, Mr. 
 Chancellor, Master of^the RoUes, Master. of the Wardes. 
 
 Virginia. Whereas wee are informed that the Citty of London hath 
 
 by an Act of Comon Councell appointed one hundred Children 
 out of the Multitudes that swarme in that place, to be sent 
 to Virginia there to be bound apprentices for certaine yeares, 
 with very benificall Conditions for them afterwardes : And 
 haue moreover yeUded to a Leauy of five hundred poundes 
 for the apparrelling of those Children, and towardes the charge 
 of their transportation : Wherein as the Citty deserueth 
 thankes, and Comendations, for redeemeing so many poore 
 Soules from mysery, and ruyne, and putting them in a Con- 
 dition of vse and Seruice to the State : Soe forasmuch as 
 Information is Likewise made : That among that nomber 
 there are divers vnwilling to be carryed thither : And that it 
 is conceived that both the Citty wanteth authority to deliuer, 
 and the Virginia Company to receive, and carry out theis 
 persons against their Wills. Wee haue thought meete for the 
 
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 29 
 
 better furtherance of so good a Worke, hereby to authorize 
 and require, as weU such of the Citty as take Charge of that 
 Seruice as the Virginia Company or any of them to dehuer, 
 receive and transports into Virginia all and every the foresaid 
 Children as shalbe most expedient And if any of them shalbe 
 found obstinat to resist or otherwise to disobey such direc- 
 tions as shalbe given in this behalf : Wee doe likewise hereby 
 authorize such as shall haue the Charge of this Seruice to 
 Imprison, punish, and dispose any of those Children vpon any 
 disorder by them or any of them comitted, as cause shall 
 require : And so to Shipp them out for Virginia, with as much 
 expedition as may stand with conveniencie. ffor which this 
 shall be vnto all persons whom the same may any way 
 concerne a sufficient warrant. [p. 400. ^2.] 
 
 [43.] Star Chamber, 14 February : 
 
 Vpon a Proposition made, and a Booke this day delivered Newfound 
 to the Boarde by Captaine Whitborne for a Plantation in 
 Newfoundland, to the benifitt of the ffishing there and the 
 good of his Majesties Subiectes otherewise. It is orderred 
 that the Earle of Arundell, the Lord Carew, the Lord Digbie, 
 Mr. Treasurer and Mr. Comptroller of his Majesties Houshold, 
 Mr. Secretary Naunton, Mr. Secretary Caluert, and the Master 
 of the Wardes or any foure of them shall take as well that 
 Proposition and Booke as what is likewise offerred by Mr. Guy 
 of BristoU and others in that behalf, into their serious con- 
 sideration, and vpon Conference with such persons as they 
 shall thinke fitt to call before them, and due Information of 
 the Condition of that Country and the benifitt of a Plantation 
 there, to make Reporte to the Boarde of their opinions, and 
 what course shalbe most requisite for estabhshing that 
 Plantation in case the same be found fitt to be entertayned, 
 and proceeded in. [p- 425. 
 
 [44.] Whitehall, 21 February : 
 
 [A letter to Lord Carew, similar to 38 with the additional Sir Walter 
 details that the guns were sakers cast in Queen Mary's time, * ^'^ ' 
 
V^irginia. 
 
 Newfound- 
 land. 
 
 30 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 
 
 weighing respectively 1524 and 1527 pounds, and that they 
 were then in the ship Destiny at Rochester. The order, 
 however, is struck out, and " vacat " appears in the margin. 
 Yet underneath this cancellation appears the further note : — 
 " This letter was renewed mutatis mutandis the 20th of 
 December, 1621 " — a date on which there is no corresponding 
 entry.J [p. 428. last \] 
 
 [45.] Whitehall, 25 February : 
 
 This Day Sir Edwin Sands, Gouemor, and others of the 
 Virginia Companie represented vnto the Boord ; That whereas 
 a Shipp called the Treasurer, sent out to the West Indies, at 
 such tyme as Captaine Argall, was Gouemor of Virginia, 
 had committed offence against the Spaniard, And that by 
 pubhque letters from that Colonic, that Act was by them 
 disavowed. So likewise the Councell and Companie of Virginia 
 heere, ioined in the vtter disclayming of the same, of which 
 especiaUe care of theirs, to giue vnto his majesties freinds and 
 AUies no offence, their lordships gaue good allowance and 
 approbation. It appeared also by a letter produced at the 
 Boord, That the Spanish Agent heere residing, had receaued 
 satisfaction, for the offence aforesaid. [p. 433. last \] 
 
 [46.] Whitehall, 18 March : Present : — Lord Archbishop 
 of Canterbury, Lord Chancellor, Earl of Arundell, Lord 
 Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Secretary 
 Naunton, Mr. Chancellor, Master of the RoUes, Sir Edw. 
 Coke, Master of the Wards. 
 
 Letters of the tenor following. Whereas wee haue ben 
 given to vnderstand of many disorders, and abuses comitted of 
 Late, and specially the Last yeare betweene such as reside in 
 the Plantation in Newfoundland, and those that frequent 
 the fishing vpon that Coast, to the greate preiudice, Losse, and 
 discouragment of both parties ffor prevention whereof for 
 the future : As wee haue given directions and commaund to 
 the Governors of the Plantation in that behalf : Soe wee do 
 hereby will and require you to give charge and comaund in 
 
1620.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 31 
 
 our names to the Maisters and Companies of such Shipps as 
 are or shalbe bound from that Porte or any the Members 
 thereof, for the ffishing voyage to Newfoundland : That they 
 doe not only forbeare aU Actes of hostiUitie and such other 
 disorders as heretofore haue ben comitted there : but also to 
 entertaine all freindly amy tie, and correspondence with those 
 of the Plantation : The rather for that the furtherance and 
 Settlement thereof is like to proue many waies commodious 
 and benificiall to their ffishing vpon that Coast Hereof they 
 may in no waies faile assuring themselues, that there wilbe 
 a strict accompt taken of any thinge they shall presume to 
 doe to the Contrary. 
 
 Maior of Poole. Maior of Plimouth. 
 
 Maior of Southampton. Maior of BristoU. 
 
 Maior of Dartmouth. Maior of Barnstable. 
 
 [p. 453. last ^.] 
 
 [47.] Whitehall, 4 April : Present : — Lord Archbishop of 
 Canterbury, Lord Chancellor, Lord Steward, Lord Marquis 
 Hamilton, Lord Chamberlain, Earle of Arundell, Lord Viscount 
 Doncaster, Lord Bishop of Winchester, Lord Digbie, Mr. 
 Treasurer, Mr. Comptroler, Mr. Secretary Naunton, Mr. 
 Secretary Caluert, Mr. Chancellor Exchequer, Master of the 
 Holies, Master of the Wards. 
 
 This Day the Count of Gondamar Ambassador for the Guiana. 
 King of Spayne had audience atfc the Board, where he repre- 
 sented vnto their Lordshipps, That he was informed, that 
 Captaine Roger North (of whom he spake verie honorablie) 
 intended a voyage to the river of Amazons, with purpose to 
 make Conquest in that place, fforasmuch as it appeared to 
 the said Ambassador, that his Maister the King of Spayne, had 
 as iust title to the river of the Amazons, and the whole Tract 
 thereaboutes as to any other of his Kingdomes, he required 
 in his Masters name, that stay might be made of that Shipp 
 or Shipps now bound for those partes vnder the conduct of 
 Capteine North, vntill he by an expresse Currier might make 
 signification thereof into Spaine, and from thence receiue 
 
32 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 
 
 the reasons of the pretences and Claymes of the king his 
 Maister to those partes, which he promised to performe with 
 aU possible speede : whereunto their Lordshipps (after they 
 had acknowledged that he had propounded the matter with 
 great discretion and moderation) made him againe this answere, 
 That the Board conceiued it to be a matter of great importance 
 and consequence, not yet readie for a mature answere, That 
 his Lordshipp would in the meane tyme take notice, that it 
 was not a trafficke new begunne and erected, but vpheld and 
 contynued by this voyage, And lastlie, that his Lordshipp 
 would be pleased to exhibite his proposition in writing, with 
 the reasons that he was instructed in, of the King his Masters 
 clayme, To which he replyed that although he could not 
 amphe doe it, Yet he would endeavor to giue their Lordshipps 
 satisfaction in the best manner he was able. 
 
 [f. 469. H 1.] 
 
 [48.] Whitehall, 5 April: 
 Tobacco. rpj^ig (Jay Sir Thomas Rowe Mr. Leate, Mr. Caning and 
 
 other marchantes presented themselues with their petition 
 (which was referred by his Majestic to the Board to obtaine a 
 Patent for seaven yeares for the sole importation of Tobacco 
 paying an annuall rent aboue the former increase of six 
 pence in the pownd, of ten thowsande powndes besides 
 defalcations with conditional! offer to straine themselues to a 
 higher rate. 
 
 fforasmuch as it appeared, that many other gentlemen and 
 marchantes of goode qualitie had interest in this buisines, 
 against which no pregnant obiections were produced, and was 
 therefore conceaued to bee worthie of further deliberation. 
 Their lordships were pleased to differ it, vntill Saterday morning 
 next, against which tyme. Sir Thomas Rowe and the rest were 
 to deliberate vpon the answearing of such obiections as might 
 arise, either from the Spanish Ambassador or the marchantes 
 trading into Spaine or from the westerne or out Ports of this 
 Kingdome or from the duch and french or lastUe from the 
 
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 33 
 
 Retailers of Tobacco. As also to provide against the indamaging 
 of the Virginia or Bermiida plantations, by the desiered Patent 
 of the sole importation. [p. 471. ^ 2.] 
 
 [49.] Whitehall. 10 April : Present : — Lord Archbishopp 
 of Canterburie, Lord Chancellor, Lord Chamberlaine, Earl of 
 Arundell, Lord Viscount Doncaster, Lord Digbie, Mr. 
 Secretarie Nanton, Mr. Secretarie Calvert, Mr. Chancellor of 
 the Exchequer, Master of the RoUes, Master of the Wards. 
 
 Vpon hearing of the proposition touching Tobacco exhibited Tobacco. 
 by the marchantes togither with the reasons and answeres to 
 the obiections of the contrarie part, and upon due consideration 
 of that, which is done by other kings abroad, and of that which 
 hath bin done by his Majestic by forbiding the inland" plan- 
 tation to his own subiectes. Their Lordships do conceiue. It 
 may bee fitt for his Majestic to aUowe the sole importation ; 
 Provided that the Proclamation may bee so penned, as may 
 take away the feare of President, And that the valewe which 
 shall arise to the King bee worth the alteration. 
 
 Neuerthelesse whether there may bee any other way to raise 
 profitt to the king, then by the sole importation, and what 
 the bargaine it self shalbe and the conditions is referred to 
 further consultation. [p. 475. last ^.] 
 
 [50.] , 11 April: Present: — Lord Archbishop of 
 
 Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
 Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer, 
 Mr. Secretarie Caluert, Master of the RoUes. 
 
 A Letter to Sir Thomas Smith. Whereas his Majestie hath Bermudas. 
 now vnder his pardon many condemned persons of both 
 sexes, And out of his singular mercie is graciouslie incljmcd 
 rather to send them to some forrayne plantation, and more 
 particularly for the Sommer Islandes, then here to suffer the 
 law to take the forfaiture of their Lines, These are therefore 
 to lett you know, that his Majestie not doubting of your 
 zeale and good affection vnto any service that may concerne 
 him or the Commonwealth, hath directed vs to require you 
 as from himself e to take presently into your care, the trans- 
 portation of some 20 of them, either all women, or 10 men, 
 
34 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 
 
 and 10 women as you shall best approoue vnto the 
 said Islandes who shall accordingly with warrant from this 
 Board for their transportation, by vertue of a Commission 
 dormant vnder the great Seale sent vnto you so soone as wee 
 shall vnderstand that you are ready to receiue them. 
 
 [p. 476. H 1.] 
 
 [51.] , 11 April: Present: — Lord Archbishop of 
 
 Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
 Mr. ControUeur, Lord Steward, Earl of Kellie, Mr. Treasurer^ 
 Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary 
 Nanton, Mr. Chancellor of the Exchequer. 
 Newfound- Vpon reference from the Kinges Majestic there was 
 exhibited this day vnto the Board, the petition of the Treasurer 
 and company of the newfoundland plantation, to this effect, 
 That whereas for the better overcomming of the difi&culties 
 of that plantation, And to the end that some of thewoodlandes 
 might with lesse charge be converted into pasture and arable, 
 as also that the Colony might be sett on worke the whole 
 yeare, whereas the fishing lasted but for three Moneths, 
 fforasmuch as the Treasurer and Companie intended to sett 
 vpp jrron workes in that plantation, And that hitherto they 
 haue not found any yron mynes in that land, they might 
 obtayne leaue to transport thither the materialls to make barre 
 yron, as jTon oare, stone and cinders as also the instrumentes 
 for that worke, that thereby they might be incouraged to gee 
 on in their purpose of erecting jrron workes in that plantation. 
 Their Lordshipps were pleased to grant them liberty of trans- 
 porting yearely from the date of this order one Thousand 
 Tunne of the materialls specified, and the instrumentes agree- 
 able to that proportion. Provided that they should convert 
 the said Oare into barre yron, and not to abuse their lord- 
 shipps grant by casting it into any kind of Ordynance what- 
 soeuer, ffor which they are before the transportation to giue 
 such sufficient security as shalbe approoued by the Board, 
 Of all which the Commissioners of the Treasurie are prayed 
 hereby to take notice, and to giue order accordingly to the 
 Portes to suffer the transportation of the said proportion. 
 
 [p. 477. last %] 
 
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 35 
 
 [52.] , 11 April: Present :— Lord Archbishop of 
 
 Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
 Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer, 
 Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary 
 Nanton, Mr. Chancellor of the Exchequer. 
 
 Vpon a petition this day exhibited to the Board by the Ladie Lady 
 Rawleigh, wherein shee shewed that having procured a privie ^^l^igl^- 
 Seale from his Majestic (no other person being named therein) 
 that the Lordes of the Treasurie should agree with her for her 
 shipp called the Destinie . . . And that one Mr. Herbert 
 hath since that tyme made clayme to the fourth part of this her 
 portion which shee thinketh is not due vnto him att all, or if it 
 bee, yet shee offereth to prooue that it is not payable by 
 her. It was therefore thought fitt that after assignation made 
 of the summe due by privy Seale . . three fourths 
 
 of it should be allotted to the Ladie Rawleigh and the other 
 part be deposited vntill it doe appeare vnto Mr. Chancellor 
 of the Exchequer, the Master of the RoUes, and Sir Edward 
 Coke (to whom this busines was formerly referred by the 
 Board), whether the Ladie Rawleigh bee in right to pay the 
 money demanded by Mr. Herbert out of the portion assigned 
 to her, or not. [p. 478. ^J 1]. 
 
 [53.] Whitehall, 25 April : 
 
 [With reference to the Order of 1 1 April for the impor- Newfound- 
 tation of ixon ore into Newfoundland], This day their lordships 
 were pleased to giue order that a bond of 2,000Z. should bee 
 accepted of for that purpose to bee taken to his majesties vse 
 by the Clarke of the Councell attendant which was performed 
 accordingly. [p. 482. 1| 2.] 
 
 [54.] WhitehaU, 7 May: 
 
 A letter to the Lord Deputy of Ireland. Whereas Captaine Captain 
 Roger North is of late gone out of the Port of Plymouth in a North. 
 shippe bound for the River of Amazons in the West Indies, 
 without Lycence or leave from His Majestic or the State here 
 and contrary to his Majestys Commandment, [and whereas 
 it is probable that he wiU touch at some Irish port, he is, if 
 
36 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1620. 
 
 so, to be captured and] safely conveyed unto us, and his 
 shipe or ships soo bestowed as they may be safe without 
 further proceeding in that voyage. [p. 487. last %] 
 
 [55.] Whitehall, 7 May : 
 Captain Whereas Captaine Koger North is lately gonn out from 
 
 North. the Port of Plimouth in a Shipp bound for the River of the 
 
 Amazons in the West Indies, contrary to his Majesties 
 expresse pleasure, and Comaundement signifyed vnto him by 
 a Secretarie of State. And that it is thought fitt, and 
 requisite, that the Comission formerly graunted forth Concerning 
 the voyage and Plantation in the Countrey vpon the foresaid 
 River bee called in. It is this day ordred that Sir Clement 
 Edmonds knight Clerke of the Councell attendant, doe forth- 
 with repare to the Earle of Warwick, in whose custodie, it is 
 conceaued, the said Comission is nowe remayneing and doe 
 pray and require his lordship in his Majesties name, to dehuer 
 the same vnto him which hee is to bring to their Uordships 
 to bee disposed of as his Majestic shall please to Direct. 
 
 [p. 488 U 1.] 
 
 [56.] Ibid. 
 Captain A Letter to the Lord Marquis Buckingham, Lord hiegh 
 
 North Admirall of England. [In view of Captain North's unauthorised 
 
 departure for Guiana], Theis shalbe to pray your Lordship to 
 take speciall order that all Shippes hereafter outward bound may 
 haue Direction, and Commaundement. That if they meets 
 with the said Captaine North, and his Companie, they appre- 
 hend and take him, and his Shipp (if they bee able) and to 
 bring him back into this Kingdome to aunsweare his said 
 Contempt. Or otherwise if they shall not find themselues of 
 sufficient streingth to bring him in, that then they commaund 
 him in his Majesties name and vpon his AUegeance; to deUuer 
 vp vnto them the Comission hee hath for the said voyage to 
 the River of the Amazons, and to commaund him to desist 
 from anie further prosecution of the same, but ymediatly to 
 retorne to Englaunde : And lastly that noe Shipp doe assist 
 him or convay vnto him either victuaU, or anie other prouision, 
 as they will aunsweare the contrary Hereof wee pray your 
 Lordship to haue a speciall care. [p. 488. ]f 2.] 
 
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 37 
 
 [57.] Star Chamber, 16 May : Present :— Lord Archbishop Captain 
 of Canterbury, Lord Steward, Lord Chamberlen, Earl of .""f^^^ 
 Arundell, Earl of Southampton, Lord Digbie, Mr. Treasurer, 
 Mr. Secretary Naunton, Mr. Secretary Caluert, Mr. Chancellor. 
 
 Letters of the tenor following directed to the persons 
 vnder named. Whereas his Majestic taketh notice that you 
 haue ben a fauorer and Assistant vnto Capten North now in 
 his Voyage to the River of the Amazon?, as well by yeilding 
 vnto him many Supplies, as by exchainging his Moneys, 
 keepeing of his Accomptes and otherwise : And that wee 
 hold it expedient seriously to admonish you not to medle 
 any further in that busines for the future. These shalbe to 
 will and require you and in his Majesties name straitly to 
 charge and Comaund you upon your duty, and allegiance not 
 to ayde or assist or by any waies or meanes directly or 
 indirectly to furnish the said Capten or his Companie with any 
 Supphe of Money Victuall or other prouision whatsoever as 
 you will answere the Contrary at your vttermost perrill. 
 
 Sir Edward Seimour, knight. Mr. Tuck. Robert Bateman. 
 Jenninges. of Plymouth Marchant. Bagg Comptroller of 
 the Porte of Plymouth. [p. 495. ]| 2.] 
 
 [58.] Whitehall, 23 May : 
 
 This day the Governor and Companie of Noblemen, and Guiana. 
 Gentlemen of the Cittie of London : Adventurers in and about 
 the Riuer of the Amazons vizt. the Earle of Rutlande, the 
 Earl of Dorsett, the Earl of Warwick, the Lord Pagett, the 
 Lord Peetre, Sir Thomas Somersett, Sir Edward Cecill, Sir 
 Thomas Cheek, Sir WiUiam Haruie, Sir John Danuers, Sir 
 WiUiam Cauendish, Sir Marmaduke Dorrell, Sir Francis Louett, 
 Sir Francis Kinnaston, Sir Peregrine Bartie knightes and others, 
 presenting themselues to the Boarde, made Surrender of their 
 Charter; And Deliuered alsoe a letter of Attorney vnto Sir 
 Clement Edmonds knight Gierke of the CounceU attendaunt, 
 to acknowledge the said Surrender : which was accordingly 
 acknowledged before the Lord Chancellor. And withaU the 
 
38 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 
 
 said Governor and Companie humbly prayed, That whereas 
 they had humbly submitted themselues to his Majesties 
 gracious pleasure and Commaunde in surrendring their saii 
 Charter : their CounceU might attend hi? Majesties CounceU 
 learned, for the draweinge vp of an Act of CounceU : whereby 
 they may bee freed from anie Dainger of anie precedent Acts 
 Donn by them by virtue of their said Charter, before the Sur- 
 render of the same: which was thought fitt, and ordred 
 accordingly. [P- ^05. 1j 2.] 
 
 [59.] Whitehall, 23 July : Present :— Lord Chancellor, Lord 
 P. Scale, Earl of Arundell, Lord Digbie, Mr. Secretary 
 Naunton, Mr. Secretary Caluert, Master of the RoUes, Master 
 of the Wards, Mr. Comptroller. 
 Plymouth A Letter to Sir Thomas Couentrie knight his Majesties 
 
 Company, gojijcitor generall. Whereas it is thought fitt that a Patent 
 of Incorporation be graunted to the Adventurers of the 
 Northerne Collonye in Virginia, to containe the hke Uberties, 
 priviledges, power, authorities Landes and aU other thinges 
 within their Lymittes, vizt. betweene the degrees of 40 and 
 48 as were heretofore graunted to the Companie of Virginia : 
 Excepting only that whereas the said Companie haue a freedome 
 of Custome and Subsidie for xxj"" yeares and of Impositions 
 for ever This new Company is to be free of Custome and 
 Subsidie for the hke Tearme of yeares and of Impositions for 
 so longe tyme as his Majestie shall please to graunt vnto 
 them. These shalbe therefore to will and require you to 
 prepare a Patent readie for his Majesties Royall Signiture to 
 the purpose aforesaid leaueing a blancke for the tyme of 
 fireedome from Impositions to be suppUed and put in by his 
 Majestie ffor which this shalbe your warrant. [p. 574. ^f 2.] 
 
 [60.] Ibid. 
 
 Newfound- Whereas Capt. Wytborne hauinge spent much tyme in 
 Newfoundland ; hath set downe in writinge divers obser- 
 vations and noates, touchinge the state and Condition of that 
 Plantation; which hee desireth may bee pubhshed, for the 
 
1620-1. J ACTS OP THE PRIVY COUNCIL (COLONIAL). 39 
 
 fortherance and advansment of the said plantation; and to 
 give incorragment to such as shall adventur therein. There 
 llordships did give good approbation of his good indevor and 
 purpasse. And ordered that accordinge to his desire hee 
 should haue the printinge of that Booke ; with this forther 
 addition of favor that the Booke soe printed bee recommended 
 to the Lord Archbishop of Canterburie and the rest of the 
 Lord Bishops, To bee distributed to the severall parishes of the 
 Kingdom for the Incoridgment of such as shalbee wilUnge 
 to assist that Plantation ether in there persons or otherwise. 
 
 if. 578. Tf 2.] 
 
 [61.] Whitehall, 6 January: 
 
 A Warraunt to committ Captaine Roger North to the Tower Captain 
 of London. [p. 661. Tj 4.] ^°'**^- 
 
 [62.] Whitehall, 28 February : ^ 
 
 A Letter to the Lieutennaunt of the Tower requireing him Captain 
 
 „ . il North. 
 
 to enlarge and sett at libertie the person of Captaine Roger 
 North heretofore comitted prisonner to his charge. 
 
 [p. 685. 1[ 3.] 
 
 JAMES I. VOLUME V. (4 Mar. 1621—30 May 1623.) 
 [63.] Whitehall, 4 March : Present :— Lord Archbishop of 
 Canterburie, Lord Chancellor, Lord Treasurer, Lord Priuie 
 Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell, 
 Earl of Southampton, Earl of Kellie, Lord Viscount Doncaster, 
 Lord Viscount Falklande, Mr. Treasurer, Mr. Secretarie Caluert, 
 Mr. Chancellor of the Exchecquer, Sir Edwarde Coke, 
 Master of the Wardes. 
 
 Whereas his Majestic was moved at the instaunce of the Virginia 
 Companie for the Plantation in Virginia to giue them lycence 
 by Proclamation to sett forth, erect, and pubhsh Lottaries 
 within this Kingdom^, for the rayseinge of moneis towards 
 
40 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1621, 
 
 the advancement of that Plantation, and the rehefe of the 
 Distressed Collonies there. And that Complaint hath hen 
 made to his Majestic by the Commons House of Parlament 
 of the great abuse of the said Lottaries, and the preiudice the 
 Comonwealth hath thereby sustayned. His Majesties pleasure 
 is, and accordingly it is this day ordred that the further 
 execution of those Lottaries bee suspended. And forasmuch 
 as the same were lycenced by Proclamation, it is thought 
 fitt the Suspension bee Ukewise by Proclamation : which is to 
 bee prepared and made readie for his Majesties Royall Signature 
 accordingly. [P- H- If 2.] 
 
 [64.] Whitehall, 12 April : 
 
 Captain A Letter to the Lievtenant of the Tower to receive into his 
 
 North. charge and keepeing the person of Capten Roger North to 
 
 remayne prisoner there upon Comaund from his Majestie 
 
 untill further order. [p. 30. ^ 3.] 
 
 [65.] Whitehall, 18 June : Present : — Lord Archbishopp of 
 Canterburie, Lord Treasurer, Lord Privie Seale, Lord Steward, 
 Lord Admirall, Lord Chamberlaine, Earl of ArundeU, Lord 
 Viscount Doncaster, Lord Viscount Falkland, Lord Carew, 
 Mr. Secretarie Calvert, Mr. Chancellor of the Exchequer, 
 Master of the RoUes, Master of the Wards, Mr. Deane of 
 Westminster. 
 
 New Whereas there was a petition exhibited vnto his Majestie 
 
 in the name of the Pattentees and Adventurers in the Plan- 
 tation of New-England concerning some difference betweene 
 the Southerne and Northerne Colonies, the which petition 
 was by his Majestie referred to the consideration of the Lords. 
 Their Lordshipps vpon the hearing and debating of the matter 
 att large and by the consent of both Colonies did estabhsh 
 and confirme two former orders, the one bearing date the 
 16th of March 1619 agreed vpon by the Duke of Lenox 
 and the Earle of ArundeU (to whom the busines was referred 
 by the Board) the other of the 21th of July 1620 ordered 
 by the Board, whereby it was thought fitt, that the said 
 
1621.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 41 
 
 Colonies should fish att Sea within the limitts and bounds of 
 each other reciprocally, with this Umitation that it bee onely 
 for the sustentation of the people of the Colonies there and 
 for the transportation of people into either Colonic (as by the 
 said order more att large appeareth) And further it was 
 ordered att this present by their Lordshipps, That they should 
 haue freedome of the Shore for drying of their nettes, and 
 taking and saving of their fish, and to haue wood for their 
 necessary vses, by the assignement of the Governors att 
 reasonable rates. Lastly that the Patent of the northerne 
 plantation shalbe renewed, according to the premises. And 
 those of the Southerne plantation to haue a sight thereof 
 before it be ingrossed, And the former Patent to be dehvered 
 into the handes of the Pattentees. [p. 58. ]| 2.] 
 
 [66.] Whitehall, 30 June : 
 
 A Letter to Lord Archbishop of Canterburie. Whereas Newfound- 
 Captaine Richard Whitbume of Bxmouth in the County of 
 Devon gentleman having spent much time in Newfoundland 
 (whither he hath made sundry voyages and some by expresse 
 Commission) hath sett downe in writing divers good obser- 
 vations and notes touching the state and condition of that 
 Country and the plantation there, which being by order from 
 vs now printed he desireth may be pubUshed throughout 
 the kingdome for the furtherance and advancement of the 
 said plantation, and to giue encouragement to such as shalbe 
 willing to adventure therein and assist the same either in 
 their persons or otherwise, to which wee thinke the publication 
 of his booke may much conduce. As wee doe giue good 
 approbation of his endeavoiirs and purpose, Soe haue wee 
 thought fitt earnestly to recommend him vnto your Lordshipps 
 good favour both for the distribution of his bookes within 
 that Province of Canterbury vnto the severall parishes 
 thereof. As also for your Lordshipps helpe and furtherance, 
 That after his great travell and charges, wherein he hath 
 spent much of his time and meanes (having formerly beene 
 a Merchant of good estate) he might reape by your lordshipps 
 
42 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 
 
 assistance some profitt of his labors from such voluntarie 
 contributions as shalbe willingly given and collected for him 
 within the severall parish Churches of the said Province 
 Which wilbe both a good encouragement to others in the like 
 endeavours for the service of their Countrie, And not onely 
 a reward to him for his said travell and charge, but also a 
 helpe to repaire his estate much decayed by losses att sea. 
 And soe recommending him earnestly to your lordshipps 
 good favour, Wee bidd, &c. [p. 76. ^ 2.] 
 
 Another letter of the same tenor mutatis mutandis to the 
 Lord Archbishopp of Yorke. [p. 76. ^ 3.] 
 
 [67.] Theobalds, 18 July : 
 Captain A Letter to the Lieutenant of the Tower. Whereas his 
 
 North. Majestie is graciously pleased to give order, that Capten Roger 
 
 North now Prisoner vnder your charge in the Tower be 
 inlarged and sett at hberty vpon Caution to be taken by the 
 Judg of the Admiralty, that he shaU not hereafter any way 
 prosecute his voyage and Adventure to the Riuer of the 
 Amazons which Caution is already taken accordingly. These 
 shalbe to will and require you to sett Capten North at liberty 
 fEor which this shalbe your warrant. [p. 100. ^ 1.] 
 
 [68.] Whitehall, 18 July : Present : — Lord Archbishop of 
 Conterburie, Lord Keeper, Lord Tresorer, Lord Priuie Seale, 
 Lord Steward, Earl Marshall, Lord Bishop of Winton, Lord 
 Brook, Lord Cranfield, Mr. Tresurer, Mr. Secretarie Caluert, 
 Master of the Rowles. 
 
 Guiana. Vppon a petition exhibited to his Majestie by the Irish 
 
 interressed in the Tobacco lately brought from the River of 
 the Amazons, and referred to the Lord Heigh Treasurer of 
 England, and now brought to be orderred by the Boarde, 
 concerning an Imposition of Qd. vpon the pound demaunded 
 by the ffarmors of Tobaccoe for Importation. Their llordships 
 haueing had consideration thereof, doe see noe cause, where- 
 fore any thing should be demaunded for any the Tobaccoe soe 
 
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 43 
 
 imported by way of Imposition, And doe therefore order, that 
 the Lord Heigh Treasurer of England doe give present order 
 to discharge the Tobaccoe out of the Custome House brought 
 from the River of Amazons vpon the payment of his Majesties 
 Custome for the same. [p. 102. last ^.] 
 
 [69.] Whitehall, 27 July : 
 
 The business concerning the Tobaccoe, and other goodes Guiana, 
 brought from the River of the Amazons formerly orderred by 
 this Boarde, was this day brought againe to their Uordships 
 at the Instance of the ffarmors of the Impostes vpon 
 Tobaccoe, And . . . . It is now finally orderred with 
 consent of all parties. That the Lord Heigh Treasurer of 
 England doe give order for the delivery aswell of the said 
 Tobaccoe, as the other goodes brought from the River of the 
 Amazons, paying besides the duties of Custome to his Majestic 
 three pence vpon the pound by way of Impost And likewise 
 to make defalcation of the other three pence vpon the pound 
 vnto the ffarmors of the Impost. And withaU to prouide 
 that what shalbe wanting of the Assignement made over 
 to the Lord Digbie out of those Impostes be otherwise suppUed. 
 And lastly it is orderred that such of the Irish or others as 
 haue Interrest in this Tobaccoe or other goodes, shall not 
 take any advantage against Captaine North, or any other 
 of the late Adventurers to the Amazons for not performance 
 of Articles formerly agreed on or vppon any other pretences 
 concerning theis retoumes from thence. [p. 109. ]| 1.] 
 
 [70.] At Sir ffrancis Jones his house Lord Maior of the 
 Cittie of London, 30 July : 
 
 Whereas the Vndertakers for the Importation of Tobaccoe, Tobacco, 
 haue ben earnest Suitors to the Board that some speedie 
 course may be taken for preventing the Importation of 
 Tobaccoe brought in by connivancie and contrary to his 
 Majesties Proclamation and other his Heighnes royall direc- 
 tions, Nevertheles divers of his Majesties Subiectes and 
 Straingers haue and doe presume to plant. Import, receive, 
 buy and seU Tobaccoe, to the greate preiudice of the said 
 
44 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 
 
 " direction 
 was given 
 for this 
 order by Mr. 
 Secretary 
 Caluert 
 which 
 
 remaynes in 
 the handes 
 of Sir 
 Albertus 
 Morton 
 knight." 
 
 Tobacco. 
 
 Vndertakers. In regard whereof, it is this day orderred that 
 the Lord Heigh Treasurer of England, doe presently graunte 
 such Warrant and severall warrantes of Assistance in as full 
 and ample manner as may be, for the preventing, and sup- 
 pressing of the Importation and sale of all Tobaccoe, other 
 then shalbe first imported and sould by the Vndertakers. 
 And where they the said Vndertakers their Assignes or his 
 Majesties officers or others shalbe with the assistance of a 
 Constable or other officer refused to search, see, finde out, 
 and to discover any Tobaccoe suspected to be brought in, or 
 disposed of contrary to his Majesties Proclamation, that in 
 such case the Constable or other officer shall or may breake 
 vp any doore or locke in any House Shipp, or other place to 
 search and see whether any such Tobaccoe be there or not, 
 and with such other clauses and considerations as his 
 Lordship shall thinke fitt. [p. 113. ^ 2.] 
 
 [71.] Att Mr. Sheriffe Aliens house, 6 August : Present :— 
 Lord Keeper, Lord Treasurer, Lord Brooke, Mr. Secretarie 
 Calvert, Master of the Rolles. 
 
 A letter to the Lord Mayor and Aldermen of the Citty of 
 London. Whereas divers of his Majesties Subiectes as also 
 Strangers haue presumed to plant Tobacco within this king- 
 dome contrary to his Majesties Proclamation, and other his 
 Royall Directions, to the hurt and preiudice of his subiectes 
 and the high contempt of his Majesties RoyaU authority, 
 His Majestie being resolved not to indure such a insolencie, 
 but to lett those oifendors know what it is to contemne his 
 Princely pleasiire, hath given vs directions by vertue whereof 
 wee require your I^ordship &c to take present order, that all 
 such Tobacco as is now planted, within the Citty and the 
 liberties thereof may be viewed by your selues or some two 
 or three of you att the least and sequestred into safe handes, 
 taking such course that those that haue planted the same 
 may neither make nor meddle therewith from henceforth vntill 
 you receiue further order, for which this shalbe your 
 warrant 
 
1621. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 45 
 
 ffoure other letters of the same tenor to the high Sheriff es 
 and Justices of peace in the Counties of Kent, Essex, 
 Middlesex, and Surrey with this difference, Wee require you 
 to take present order that all such Tobacco as is now planted 
 in the County of Etc [p. 117. Illj 1 and 2.] 
 
 [72.] Hampton Court, 24 September : Present : — Lord 
 Archbishop, Lord Keeper, Lord Treasurer, Lord Steward, 
 Lord Brooke, Lord Cranfielde, Mr. Treasurer, Mr. Secretarie 
 Caluert, Master of the Roles, Sir Richard Weston. 
 
 A Letter to Sir Albert Moreton knight one of the Clerkes Captain 
 of the Councell. Information is made vnto vs by the humble °^^ ' 
 petition of Roger North esqr. that the Tobaccoe brought by 
 him from the River of the Amazons belonging to his share, 
 and nowe a long time detayned in the Custome house, 
 touching some question, and differrence about the Custome and 
 Impost due for the same, is by meanes thereof soe extreamely 
 decayed, as the dutie of nyne pence in the pound demanded 
 and insisted vpon by the ffarmors is esteemed to bee neere 
 the full worth of the Tobaccoe, which if it bee true As it 
 ought in all reason, and conscience to bee considered of by the 
 ffarmors themselues and such abatement made as should 
 bee reasonnable and iust : Soe wee haue thought meete hereby 
 to authorize and require you, takeiage to your assistance 
 such persons experienced in Tobaccoe as you shall thinke meete, 
 to repare to the Custome House, and vpon view of the foresaid 
 Tobaccoe, to certefie vs of the true state, value, and con- 
 dition thereof that therevpon such further order may bee taken 
 as shalbe meete. [p- 144. last ^.] 
 
 [73.] Hampton Court, 26 September : 
 
 A letter to the ffarmors of the Custome, and Impost vpon ^^'P^j^™ 
 Tobaccoe. [Captain North having represented] that the 
 Tobaccoe belounginge to his share, and not exceedeing 7,000 
 waight or thereabouts, did lye there in the Custome House 
 for waunt of meanes to satisfie the Custome, [and since Sir 
 
46 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 
 
 Albert Moreton] vpon view and tryaU thereof hatji certefyed 
 vs that the state, and condition thereof is soe badd, as it is 
 now of verie smale value, not exceedeing at the most, by the 
 estimation of the parties that viewed it, twelue pence in the 
 pound, which yet the said parties doe refuse to giue, or to 
 haue anie dealeing at all with so badd a parceU. Vpon due 
 consideration whereof as his Majestie thinketh it fitt both 
 in honor and Justice to remitt his part : Soe it is expected 
 that if the said Tobaccoe bee of soe base a quallitie you should 
 discharge and dehuer the same to Captaine North by Bill 
 of Stoare : whereof you are to inform yourselues, and to 
 retome your aunsweare vnto vs by ffryday morneinge next. 
 
 [V- 148. Tl 1.] 
 [74.] , 28 September : Present : — Lord Arch- 
 bishop, Lord Keeper, Lord Treasurer, Lord Stewarde, Earl 
 Marshall, Lofd Viscount Falkland, Lord Bishop Winton, 
 Lord Brooke, Lord Cranfield, Mr. Secretarie Caluert, Master 
 of the Roles, Sir Rich. Weston. 
 
 New A letter to the Mayor of Bristoll, Exeter, Plimouth, 
 
 England. Dartmouth, Barnestable, and Waymouth, and to each of 
 them, and to all Marchaunts, Owners of Shipps and other 
 his Majesties Subiects to whom it shall or may appertains 
 
 Whereas wee haue ben informed on the behah of the 
 President, and Councell of New England, that although they 
 by their Ordinances estabhshed by the authoritie of his 
 Majesties Letters patents haue freely giuen way to anie 
 marchaunts, or others to become Adventurers with them in 
 their Trade and Plantation in those parts, soe as they submitt 
 themselves to such convenient Orders as shalbe sett downe 
 for the advancement of that Plantation, and more regular 
 and free increase of pubhck Trade : notwithstaundinge there 
 are some whoe haue alreadie attempted and are in further 
 preparation to assume a Hbertie to themselues to trade, to 
 the preiudice of the said Plantation, without respect to the 
 said Government or Orders estabhshed for the pubhck good : 
 which if it should bee toUerated in them, would not only bee 
 
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 47 
 
 a prejudice to the present Adventurers, who by their industrie 
 haue discouered those remoate places, and with the hazard 
 of the hves of their people, and expence of their Estates, haue 
 layd the first foundation of soe honorable an Enterprize, but 
 would alsoe bring a confusion to the said Plantation, and 
 an overthrowe vnto that Trade, and bee likewise an vtter dis- 
 couragement to all futiu-e endeavours of the like kind : Wee 
 haue therefore thought fitt hereby to lett you knowe, and 
 doe requiere you to signifie as much vnto such of his Majesties 
 Subiects inhabiting neere vnto that Coast whom the same 
 may concerne : That if anie person shal presume to attempt, 
 or doe anie thing in that behalf contrarie to his Majesties 
 said Graunt, hee is to expect noe les then the due execution 
 thereof, and such further punishment as is fitt to bee inflicted 
 vpon those that shall contemne his Majesties Royall authoritie 
 neuertheles it is hereby intended and soe ordred, that the 
 Agreement made by order of this Board betweene them of 
 New England, and Virginia shall in all respects bee duly observed 
 by either partie. [p. 148. last ^.] 
 
 [75.] Whitehall, 10 October : 
 
 Whereas Diego de Castro Cartesar a Spanish Gentleman Sir Walter 
 did this dale make knowne to the Board (in the behalfe of ^^^^ 
 Francisco Davila) that he had beene long depending vpon 
 his Royall Majestie about the restitution of certaine goodes 
 taken by Sir Walter Rawleigh in St. Thome of Guiana, 
 . . shewing that in his Majesties Exchequer there is 
 detained and arrested att his demand the summe of 7001. 
 sterling being the fourth part belonging to Mr. Herbert one 
 of Sir Walter Rawleighs Associattes which Mr. Herbert was 
 to haue out of the shipp he went in and which he desired 
 might be delivered vnto him . . . Their lordships did 
 order. That the said Diego de Castro should be recommended to 
 the Court of the Admiraltie to follow his cause there. . . . 
 
 [p. 157. U 2.] 
 
 [76.] Whitehall, 19 October : Present :— Lord Archbishop 
 of Canterburie, Lord President, Earl Marshall, Mr. Secretarie 
 Calvert, Master of the RoUes, Sir Richard Weston. 
 
Captain 
 North. 
 
 48 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 
 
 A Letter to the ffarmors of the Custome and Impost vpon 
 Tobacco. Wee conceived that our late directions of the 
 26th of September last for the discharge and deliverie of that 
 parcell of Tobacco brought by Captaine Roger North from 
 the River of Amazons would haue both freed this board from 
 any further trouble, and him from further charge concerning 
 that busines. But forasmuch as wee are informed by his 
 humble petition that although you the customers haue yeelded 
 to the remitting of M. vpon the pound being one halfe of 
 the Custome, yet you insist vpon satisfaction for the other 
 halfe As in Uke manner you the ffarmors of the Impost 
 refuse to dispence with the other three pence vpon the pound 
 due for your partes, although the Tobacco be now found and 
 soe certified to vs to be of verie httle value Vpon consideration 
 whereof as also of former directions from his Majestic and 
 this Board, and of the Patent granted to the Adventurers for 
 those partes, which though it be recalled, yet in divers good 
 respectes it was intended they should inioy the benefitt thereof 
 for this yeare in the point of exemption from the payment 
 of Impost, Wee haue thought good hereby to lett you know 
 that wee doe accordingly expect you should presently discharge 
 and deliver vnto the said Captaine North the Tobacco 
 belonging to his share and not exceeding 7000 waight or 
 thereaboutes without custome or Impost to be paid or without 
 any defalcation to be accounted vnto his Majestie for the 
 same. \p. 166. ^I 1.] 
 
 [77.] Whitehall, 24 October : Present : — Lord Archbishopp 
 of Canterburie, Lord Keeper, Lord Treasurer, Lord President, 
 Lord Carew, Mr. Treasurer, Mr. Secretarie Calvert, Master of 
 the Rolles, Sir Richard Weston. 
 
 Virginia. Whereas the kinges most excellent Majestic duely waighing 
 
 in his princely Judgement the great advantages both of honor 
 and profitt wiiich this Crowne and state might receiue from 
 a setled and well ordered plantation in Virginia was graciously 
 pleased for the better encouragement and furtherance of the 
 undertakers therein to grant vnto them sundrie verie large 
 
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 49 
 
 immunities and priviledges, as not doubting but that they 
 would apply themselues vnto such courses as might most 
 firmely incorporate that plantation vnto this Commonwealth 
 and be most benefioiall to the same, which will best be done 
 if the Commodities brought from thence were appropriated 
 vnto his Majesties subiectes, and not communicated to 
 forraine Countries but by way of Trade and commerce from 
 hence onely. fforasmuch as their lordshipps having beene 
 informed that the said Vndertakers haue for private respectes 
 setled their Magazin of Commodities to be brought from 
 Virginia in a forraine Countrie which course in noe wise is to 
 be suffered, neither in policie nor for the honor of the state 
 (that being but a Colonic derived from hence) as also for that 
 it may be a losse vnto his Majestic in his Customes, if not 
 the hazarding of the Trade which in future times is well hoped 
 may be of' much profitt vse and importance to this Common- 
 wealth, Their Lordshipps for these and sundry other reasons 
 of state, and vpon full hearing of the foresaid vndertakers 
 now the second time called to the Board, thought fitt and 
 accordingly ordered that from henceforth aU Tobacco and 
 other commodities whatsoeuer to be brought and traded from 
 the foresaid plantation shall not be carried into any forraine 
 partes vntill the same haue beene first landed here and his 
 Majesties Customes paid therefore. Neverthelesse for that 
 the ffactors of the Merchantes now abroad cannot soe 
 suddainely haue notice hereof, and that they may haue time 
 to vent those commodities which att this present they may 
 haue in forraine partes. Their lordshipps were pleased to 
 respite the execution of this present order for foure Moneths, 
 which time being expired their lordshipps pleasure is the 
 same should be duely kept and observed. [p. 173. ]| 2.] 
 
 [78.] Whitehall, 15 December: Present: — Lord Treasurer, 
 Lord President, Lord Pr. Scale, Lord Steward, Earl Marshall, 
 Lord Digbie, Mr. Secretarie Calvert. 
 
 A letter to Sir Dudley Carleton knight his Majesties New 
 Ambassador resident with the States of the United Provinces. 
 
50 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1621-22. 
 
 Whereas his Majesties Subiectes haue many yeares since taken 
 possession of the whole precinct and inhabited some partes 
 of the North of Virginia (by vs called New-England) Of all 
 which Countries his Majestic hath in like manner some yeares 
 since by Patent granted the quiet and fuU possession vnto 
 particular persons, Neverthelesse wee vnderstand that the 
 yeare past the Hollanders haue entred vpon some part thereof, 
 and there left a Colonie and given new names to the severall 
 Portes appertaining to that part of the Countrie, And are now 
 in a readines to send for their supply six or eight shipps. 
 Whereof his Majestie being advertised, wee haue received his 
 royall Commaundement to signifie his pleasure that you should 
 represent these thinges vnto the States generall in his 
 Majesties name (who iure primce occupationis hath good and 
 sufficient Title to those partes) and require of them that as 
 well those shipps as their further prosecution of that plan- 
 tation may be presently stayed. [p. 209. ^ 3.] 
 
 [C.S.P. I., p. 26.] 
 
 [79.] , 17 February : Present : — ^Lord President, 
 
 Marquis Hammilton, Earl Marshall, Earl Digbie, Mr. 
 Secretarie Calvert. 
 
 ^ew A Letter to the Lord Carew Master of the Ordnance. 
 
 Whereas it hath pleased his Majestie by his letters Paten tes 
 granted vnto the President and Counsell of the plantation 
 in New England among other Hberties and immunities 
 therein mentioned to giue them free licence to transport 
 munition and Ordnance for the necessarie defence of that 
 Country fforasmuch as humble sute is now made vnto vs 
 that licence may be granted vnto Thomas Weston Merchant 
 of London one of the Aventurers for those partes to send 
 over in the shipp called the Charitie of London of the burden 
 of one hundred Tunne, whereof William Reynolds is Maister 
 (or in any other shipp or shipps that hereafter shall goe for 
 the said place) Thirty peeces of Iron Ordnance, namely fifteene 
 demy Culveringes, waighing betweene thirty and thnty six 
 hundred waight the peece, ten Sakers betweene twenty and 
 
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 51 
 
 twentie eight hundred the peece, and fine Minions betweene 
 ffourteene and twenty hundred waight the peece : These are 
 to pray and require your lordship that according to such 
 cautions as are prescribed in certaine orders estabhshed about 
 the exportation of Ordnance you permitt and suffer the trans- 
 portation of the foresaid Thirty peeces of yron ordnance vnto 
 the plantation in New-england in the manner abouesaid ffor 
 which this shalbe your warrant. [p. 253. ^ 2.] 
 
 [80.] Whitehall, 19 February: Present: — Lord President, 
 Lord Chamberlaine, Lord Viscount Falkland, Lord Digbie, 
 Lord Brooke, Mr. Secretarie Calvert, Master of the Rolles. 
 
 A Letter to the Governor and the rest of the Barmuda Com- Bermudas. 
 pany . Vpon the information of the Spanish Ambassador (a Copie 
 whereof wee send you inclosed) wee haue taken notice of a 
 Complaint concerning a wrong supposed to be done to the 
 subiectes of his Maister the King of Spaine by some of your 
 Company, £Eor satisfaction wherein he hath beene verie earnest 
 and himselfe in person with vs att the Board Wee haue 
 therefore thought good to referre the matter to you, Requiring 
 you to take it into your serious consideration, and when 
 you.haue weU waighed and examined the particulars mentioned 
 in the said information to take such a course for restitution 
 and satisfaction as may be answerable to the good friend- 
 shipp and correspondencie betweene these two Crownes, soe 
 as there be no iust cause of further complaint. 
 
 [p. 252. 11 4.] 
 
 [81.] Whitehall, 4 March : 
 
 A passe for Captaine Diego Ruys de la Vega and two Bermudas. 
 Negrowes, John Gomes Marin and his wife Donia Lucia with 
 two other Negroes haueing sufferred Shippwracke neere the 
 Island of Barmudoes were sent hither by the Governor there, 
 and are now to take their Journey into Spaine and to carrie 
 ouer with them such prouisions as they haue (not being 
 prohibited) and are to be afforded fauor and assistance vpon 
 all occasions for their more convenient passage. 
 
 [p. 271. U 3.] 
 
52 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622. 
 
 [82.] Whitehall, 2 May : 
 
 Virginia. [A warrant for the reprieve of] DanieU ffrank William 
 
 Beare and John Ireland now Prisoners in the White lyon in 
 
 Southwarke, [and for their transportation to Virginia, not 
 
 to return without warrant.] [p. 342. ^ 1.] 
 
 Bermudas, 
 
 [83.] Whitehall, 8 May : Present : — Lord Keeper, Lord 
 Treasurer, Lord President, Lord Priuy Scale, Lord Steward, 
 Marquis Hamilton, Earl Marshall, Lord Viscount fEalkland, 
 Lord Carew, Mr. Treasurer, Mr. Secretary Caluert, Master 
 of the RoUes. 
 
 Whereas Complainte hath ben made by Captaine Diego 
 Ruiz de la veja, and John Gamez Marine Spaniardes, that 
 they haueing sufferred shippwracke neere vnto the Bermoudoes, 
 were forced by NathanieU Butler Governor there, amongst 
 many other hard vsages, to give Bond for the payment of 801. 
 for the transportation of themselues and their Companie into 
 England, And vpon their arriveall here, a Brother of the said 
 Governors hath caused them to be arrested vpon the foresaid 
 Bond, and comenced his Suite at the Comon law. It was 
 thought meete at the instance of the Earl of Gondomar 
 Ambassador from the Kinge of Spaine, that forasmuch as the 
 said Gouernor of the Bermudoes, is very shortely expected 
 here, and that the Complainantes pretend to haue divers 
 matters against him, the proceedinges vpon the Bond be for- 
 borne vntill his comeing ; And that the Action be transferred 
 to the Court of Admiralltie as the most proper place for 
 determynation thereof, where sufficient Caution is to be given 
 on the behalf of the said Straingers for answering the same 
 as the. said Court shall sentence it whereof aU parties whom it 
 may concerne are hereby to take notice as they wiU answere 
 the contrary at their perrills. [p. 352. ^ 2.] 
 
 Bermudas. 
 
 [84.] Whitehall, 31 May: 
 
 [The case of Captain Butler against Captain Diego Ruiz de 
 la Vega and John Gomez Marine, had been stayed in view 
 
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 53 
 
 of the expected arrival of the Governor of the Bermudas, 
 and transferred to the Court of Admiralty ; but] their Lord- 
 ships upon better information therein doe now thinke meete, 
 that forasmuch as the Action is grounded upon the specialtie 
 of a Bond, the same be leaft to a Tryall in any His Majestys 
 Courts of Justice, that may properly take cognizance thereof, 
 without tyeing either party to any particular Courte. 
 
 iV- 378.] 
 
 [85.] Star Chamber, 11 July: 
 
 Some of the Virginia Companie presenting themselues this Bermudas. 
 day at the Boarde informed their Uordships That the Spanish 
 Ambassador had sent vnto them to acknowledg the speedie 
 Justice they had done him touching the recouery of such 
 goodes as were saued vppon a late wracke of a Spanish Shipp 
 vpon the Summer Islandes, and withall to desire, that for the 
 further recouery of such goodes as were there lost, he might 
 be permitted to send over a man of his owne to the said 
 Islandes, with which request the Company thought it their 
 dutie to acquainte the Board : themselues being very readie 
 and wiUing to appoint some of their owne people to goe over 
 with fuU authoritie, to search for, and discouer, for the 
 Ambassadors vse, any goodes lost as aforesaid, whereof their 
 Uordships haueing taken consideration. As they held it 
 expedient to give the Ambassador aU due content, soe they 
 were loath to put his lordship to the trouble of sending over 
 a man of his owne. And therefore resolued for his better 
 satisfaction to appointe some meete person themselues, to 
 goe over to prosecute that busines whoe should give the 
 Ambassador a iust and true Accompt of the State thereof, and 
 of whatsoever may be further recouered of the said goodes. 
 
 VV- 431. H 2.] 
 [C.S.P. L p. 31.] 
 
 [86.] Whitehall, 16 July: 
 
 Whereas John Bargraue, esqr hath by his petition this Virginia. 
 day presented to the Boarde made earnest instance to be 
 hearde and releeved in the Complainte made by him against 
 
54 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622. 
 
 Sir Thomas Smyth Alderman Johnson, and others for vniust 
 practices, and miscarriage in the Gouerment of the Virginia 
 Plantation, to the greate dammage of the publicke, and the 
 losse of the Petitioner, and his partner to the value of Six 
 Thousand and Six Hundred poundes. It was this day orderred 
 that the Lord Viscount Grandison, the Lord Brooke, the 
 Master of the Holies, and Sir Edward Conway knight calling 
 the parties before them shall take due examynation of the 
 said Complainte and haueing informed themselues of the true 
 state thereof make reporte of the same to the Boarde, 
 together with their opinions that further order may be given 
 therein as the cause shall require. [p. 439. ]| 1.] 
 
 [C.S.P. I. p. 31.] 
 
 [87.] Whitehall, 29 July : Present :— Lord Archbishop of 
 Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
 Lord Priuy Scale, Lord Viscount ffalkland, Lord Viscount 
 Grandison, Mr. Treasurer, Mr. Secretary Caluert, Master of 
 the Rolles. 
 
 Virginia. The Company for the Virginia Plantation haueinge through 
 
 negligence and too much securitie of their people there, and 
 the trecherie of the Savages received a losse of neere 400 persons, 
 did make humble Suite to his Majestic for certaLne old cast 
 Armes remayning m the Tower and the Mynorites ; Which 
 though they were altogether vnfitt, and of no vse for modeme 
 Service, might nevertheles be serviceable against that naked 
 people, wherevnto his Majestie for the better strengtheniag 
 of that Plantation, and the saf etie of his Subiectes there, haueing 
 graciously condiscended. Ana the Company presenting this 
 day to the Board a note of such of the said vnserviceable 
 Armes as they desired. It was orderred that the Lord Heigh 
 Treasurer of England caUing vnto him some of the Officers of 
 the Ordinance shall advise what sortes and proportions of 
 the said Armes, are fitt to be dehvered for the vse afore- 
 said and therevpon give order for delivering the same 
 accordingly. |-p_ 449^ ^ 3.] 
 
 [C.S.P. I. p. 32.] 
 
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 55 
 
 [88.] Windsor, 12 August : 
 
 [A warrant to the High Sheriff of Norfolk for the reprieve, Virginia. 
 and for the transportation to Virginia of] James Wharton 
 convicted and condemned .... for drawing of a 
 purse. [p. 465. ^f 2.] 
 
 [89.] Whitehall, 23 October: Present :— Lord Archbishop 
 of Canterburie, Lord Treasurer, Lord President, Lord Priuie 
 Seale, Lord Steward, Lord Marquisse Hamilton, Earl Marshall, 
 Earl of KelHe, Lord Viscount Grandison, Lord Carewe, Mr. 
 Treasurer, Mr. Comptroler, Mr. Secretarie Calvert, Mr, 
 Chancellor of the Exchequer, Master of the Rolles, Sir Edward 
 Conwey. 
 
 The CounceU for the affaires of New England, presenting New 
 their humble Petition this day vnto the Board, and shewing, 
 That whereas his majestie by his letters Patentes hath bin 
 pleased to grant vnto them the managing of the affaires of 
 New England prohibiting all other his Subiectes, not Adven- 
 turers or Planters to frequent those Coastes, And that letters 
 were written from the Board, to severall Townes of the west 
 partes of the Kingdome, to conform themseluesvnto his majesties 
 said RoyaU grant, nevertheless sundrie irreguler persons 
 (Contrarie to the tenor of the said letters Patentes and the said 
 letters written from the Board) haue this last yeare sent and gone 
 into those partes. And disposessed some of the Shipps and 
 Planters of their proper places and Committed other outrages, 
 tending to the hinderance and great preiudice of the Plantation, 
 as in their said Petition more at large is expressed. Vpon this their 
 information. It was this day ordered by their lordships, that Mr. 
 Attorney GeneraU, should make readie a Proclamation fitt for 
 his majesties Signature, prohibiting all persons to resort vnto 
 the Coastes of New England, contrarie to his majesties said 
 RoyaU grant. [p. 498. If 1.] 
 
 [90.] Whitehall, 31 October: 
 
 [Consideration of the dispute between Sir Thomas Smith Virginia. 
 and John Bargrave is postponed till Thursday morning, 
 
56 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622-23. 
 
 Criminal 
 Transported 
 
 Virginia. 
 
 November 14th, at which date they are commanded to 
 attend.] [p- 509. 1| 1.] 
 
 [91.] Whitehall, 20 November: 
 
 [A warrant to the Sheriff of London concerning John 
 Carter, who was convicted for the stealing of a horse. 
 Carter having an able body to do his Majesty and his 
 country service, and it being doubtful upon the evidence 
 whether the horse was stolen or not, he is to be handed 
 over to Sir Edward Sackville for transportation into Virginia 
 or the Bermudas.] [p- 516. ^ 1.] 
 
 [92.] Whitehall, 26 November: Present: — Lord Viscount 
 Grandison, Lord Brooke, Master of the Rolles, Sir Ed. 
 Conway. 
 
 To whom the examination of the differences betwene John 
 Bargraue Esquier plaintife and Sir Thomas Smith and other 
 defendants, was referred by an Order of the 16th of July last 
 past. 
 
 After that the plaintifs Counsell had bene hearde at large, 
 for the more cleare and orderly proceding in the examination 
 of the cause betwene both parties. It was ordered, that the 
 plaintif shall deliuer the defendants his charge or accusation 
 in writing with the notes of his proofes on thursday next, 
 which wilbe the 28th of this moneth, and that the defendants 
 shall exhibite their answer thereunto, and notes of proofes 
 accordingly on the thursday next following in the morning. 
 And it was farther Ordered, that both the one and the other 
 shall conteine themselues within the extent of the complaint 
 and of the reference thereupon. [p. 518. T|]J 1 & 2.] 
 
 [93.] WhitehaU, 20 January : 
 Virginia. Vpon reporte made this day to the Boarde, by the Lord 
 
 ab^ueXt ^^ ^i^'^ou'^* Grandison how far he and the rest of the Committies, 
 deliuered vizt. the Lord Brooke, the Master of the Rolles and Sir 
 after." Edward Conway had proceded in hearing the cause betwene 
 
 Sir Thomas Smyth knighte with other defendants, and John 
 
1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 57 
 
 Bargraue Esquire, and how weakely they found the same 
 grounded one the said Bargraues parte. It was Ordered that 
 the saide John Bargraue should forbeare from troubhng any 
 farther his Majestie or the Boarde with this cause, els receiue 
 condigne punishment according to his Majesties pleasure 
 heretofore signified to the Boarde in that behalfe. 
 
 [p. 564. II 1-] 
 
 [94.] Whitehall, 7 February: 
 
 [A petition by John Bargrave that as he] is now becomme Virginia, 
 farr indebted, and much pressed by hard and greedie Creditors, 
 his Majestie should be graciously pleased to 
 releeue his distressed estate, by granting him a Protection for 
 some reasonable tyme. [The Council recommends that in 
 view of his former good service, such protection be granted 
 to him and to his sureties for six months.] [p. 580. ^ 1.] 
 
 [95.] Whitehall, 12 February : 
 
 This Day certaine Articles importing a Contract, made Virginia, 
 betweene the Lord Treasurer of England on the behalfe of his 
 majestie, and the Virginea Company, touching the importation 
 of Tobacco, were read and allowed by the Board. 
 
 [p. 583. last 1I-] 
 [C.S.P. I. p. 37.] 
 
 [96.] Whitehall, 4 March : Present : — Lord Treasurer, 
 Lord President, Lord Marshall, Lord Brooke, Lord Chichester, 
 Mr. Treasurer, Mr. Controller, Mr. Secretarie Caluert, Mr. 
 Chancelor of the Exchequer, Master of the RoUes. 
 
 Whereas by an order of the Board, bearing date the 24th of Tobacco. 
 October 1621 it was upon diuers weighty and iust Con- 
 siderations and upon full hearing of the vndertakers of 
 Virginia, ordered, that no Tobacco or other Merchandize should 
 be transported out of any of the plantations of Virginia into 
 any forreigne partes, vntill the same should be first landed 
 heere in England and his Majesties Customes payd therefore. 
 Their Lordshipps hauing beene informed that notwithstanding 
 
58 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 the same Order, there haue very lately Certaine shipps laden 
 with Tobacco both from Virginia and Summer Tslandes been 
 conueyed into forreigne partes without euer landing heere 
 The Board hath thought fitt to renew the said Order as well 
 for Virginia as the Summer Islandes and withall to enio3me 
 the Gouernors Officers and all other particuler members of 
 both those Companies who may any way be interressed 
 therein, to giue order as weU to preuent the hke fault heerafter 
 as to redeeme that already committed by procuring the said 
 shipps to returne hither vpon those penalties that the 
 refractories and contemners of the authoritye of the Board, 
 may expect. And the Gouernors and Officers of the said 
 Companies, are to take notice heereof , and to pubhsh it in their 
 Courtes respectiuelye, and to looke that it be executed 
 accordinglye. [p. 618. ]f 1.] 
 
 [97.] Whitehall, 25 March: 
 Virginia. A letter to the Master of the Rolles, Sir Robert Rishe, 
 
 Sir Peter Hayman Sir Thomas Wilford Christopher Brooke, 
 Henry Denne and John WiUyams or any 3 of them, 
 [authorizing them to call before them John Bargrave, his 
 sureties and his creditors, and to make such arrangement 
 as they see fit.] [p. 637. 1| 2.] 
 
 [98.] WhitehaU, 17 April: Present :— Lord Archbishop, 
 Lord Keeper, Lord Treasurer, Lord President, Lord 
 Priuie Seale, Lord Steward, Earle Marshall, Earle of KeUie, 
 Lord Viscount Grandison, Lord Carew, Mr. Treasurer, 
 Mr. Comptroller, Mr. Secretarie Caluert, The Master of the 
 Rolles. 
 
 sirm^dT'^ "^^^^^ lordships hauing this day by order from his Majesty 
 hearde at large the lorde Cauendish with others representing 
 the body both of the Virginia Company and the company of 
 the sommer Ilandes and diuerse particular Adventurers and 
 Planters, who had complayned to his Majesty of somme 
 grievaunce and hauing throughly considered the allegations 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 59 
 
 and answers on both partes, did order according to his 
 Majesties pleasure in that behalfe, that there shalbe a 
 Commission vnder the great Seale of Englande directed vnto 
 certaine persons of knowne suf3ficiencie and sincerity, who 
 shalbe thereby autorised to examine by oath and otherwyse 
 by all lawfuU meanes and wayes to make inquirie of the true 
 Estate of the Plantation both of Virginia and the Sommer 
 Ilandes, with all incidentes therevnto belonging from the 
 very begining of those Plantations vnto this present tyme, 
 As also what monyes haue since that tyme bene Collected for 
 those Plantations, by whom, and how those monyes were 
 procured, and also in what maner those monyes haue bene 
 expended. And after the expence of so great summes 
 of monye, what the true Estate and conditions are of those 
 Plantations now at this present. And to inquire and search 
 into aU abuses and grievances concerning the former par- 
 ticulars, and of all wronges and iniuries done to any of the 
 Adventurers or Planters, and the groundes and causes thereof, 
 and to propound after what sorte the same may be better 
 menaged. And lykewyse to inquire, who they be that pray 
 vpon the Inhabitantes and Planters, by selhng and bartering 
 commodities or victualls at excessiue and vndue rates, whether 
 the Magazme or priuate men, and at what price each Commodity 
 is solde. And to the ende there may no discouragement 
 amongst those who are now in Virginia or the Sommer-Ilandes 
 by particular Advertisementes that may proceed from any 
 factious humors, or priuate endes. Their llordships did 
 lykewyse farther order, that no particular letters shalbe sent 
 thither by any man, for or about any other matter, or 
 intelligence then onely concerning their priuate businesses. 
 That such as are wrytten or dehuered already, which are to 
 any other effect, shalbe taken back, and if any be sent not- 
 withstanding this Prohibition, the sending thereof shalbe 
 taken as a contempt, and infringing of this Order, and they 
 who send the same shall stande liable to such punishment 
 as the saide contempt shalbe found to deserve. Lastly their 
 llordships did order that the said Companyes shall wrjrte 
 
60 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 general letters to those who are now in Virginia to exhorte 
 and admonish them to liue together in Concorde and vnity, 
 and to employ their endeavors ioynctly for the pubHque 
 good of those Plantations. To which purpose It was ordered 
 that letters of lyke tenor shalbe wrjrtten from the Boarde. 
 
 [p. 668. U 1.] 
 [C.S.P. I. p. 41] 
 
 [99.] Whitehall, 28 April : Present : — Lord Archbishop 
 of Canterburie, Lord Treasurer, Lord President, Lord Bishop 
 of Winchester, Mr. Treasurer, Mr. ComptroUor, Mr. Secretarie 
 Caluert, The Maister of the RoUes. 
 Bermudas. There hauing bene red this day at the Boarde a petition 
 presented by those Planters who came lately from the 
 Summer-Bandes, wherein they humbly sue, that they may be 
 againe possessed of the Tobacco that was brought by them 
 into Englande and seised by the Companie vpon their deniall 
 to pay an imposition of foure pence vpon every pounde of the 
 same Tobacco, which woulde tende to their exceding preiudice 
 and almost vndoing ; by meanes of which seisure and detention, 
 they are both barred from the enioying and vse of their owne 
 goodes, and are also in hasarde of sustaining greate losse by 
 the spoile thereof lying thus vnder arrest : Their llordships 
 vpon mature dehberation did thinke fit and Order, that the 
 saide Tobacco shalbe dehuered vnto them according to their 
 humble sute. But whereas it appeareth, that the aforesaide 
 imposition is intended for the payment of a great summe of 
 money taken vp vpon the credit of some particular persons, 
 for the general! seruice of the Companie, and therefore in 
 reason and equitie to be generally borne of all the members 
 and Aduenturers thereof ; their llordships did lykewise thinke 
 fit and Order that the Commissioners who are to examine the 
 estate and conditions both of that Companie and of the Companie 
 of Virginia, from the begining vntill the present, with all 
 thinges incident and conserning the same, shall lykewise take 
 into their consideration and aduise what proportion of 
 imposition may be fit to bee leauied and continued vntill 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 61 
 
 the aforesaide monies be fuUy repayed That in the meane 
 tyme the imposition shalbe suspended, and that after the 
 aduise giuen by the aforesaide Commissioners, and the pro- 
 portion set downe, the petitioners shalbe lyable to the 
 payment of such a proportion as by them shalbe set downe, 
 euerie man for his parte, as well for the Tobacco which shall 
 now be deliuered vnto them, as for that which they may 
 hereafter bring or receiue from the Summer -Ilandes aforesaide 
 vntill this debt of the Companie be fully discharged. 
 
 [p. 672.] 
 [C.S.P. I. V. 44.] 
 
 [lOO.J Whitehall, 28 April : Present :— Lord Carew, Lord 
 Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr. 
 Secretarie Caluert, Mr. Chancellor of the Exchequer. 
 
 The letters of the Virginia and Summer- Ilandes Companies Virginia and 
 
 " '- Bermudas. 
 
 being this day perused were disallowed for that they did 
 not pursue the former directions giuen by this Boarde, which 
 was to certifie in their generall letters to the Plantations his 
 Majesties great grace and fauour towardes both the saide 
 Plantations ; And whereas a contract was formerly made 
 whereby his Maiestie shoulde haue had one third parte of all 
 the Tobacco coming thence, and also six pence vpon the pound 
 of the other twoe partes with diuerse other clauses in the saide 
 contract mentioned ; Now that their llordships vpon full debate 
 did finde that if the contract did procede in that manner as 
 was agreed, it woulde tende to the vtter overthrowe and 
 subuersion of the saide Plantations, they did therefore thinke 
 fit, and accordingly Order that the contract aforesaide con- 
 cerning Tobacco shoulde forthwith be disolued ; And for the 
 better encouragement of the Planters it was declared that 
 although there was formerly answered twelue pence vpon the 
 pound to the King, yet his Majestie woulde be now pleased 
 onely with nyne pence vpon the pound to bee answered to 
 him for all charges whatsoeuer belonging to his Maiesty. And 
 did also order that euerie of the Planters who haue lately 
 sent in Tobacco hither into England, shall haue the same 
 
62 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1623, 
 
 deliuered vnto them paying this nyne pence the pound to 
 the King. And moreouer their Uordships finding that to grant 
 to the saide Companies the sole importation of Tobacco into 
 his Majesties Dominions, would greatly aduance those Plan- 
 tations, had accordingly moued his Majesty therein who was 
 gratiously pleased therewith, so that alwaies, all the Tobacco of 
 those Plantations be brought directly hither into England. 
 To which purpose an Act of Counsel! was heretofore made. 
 Of these thinges their Uordships expected that publique notice 
 shoulde haue bene giuen to bothe the Companies here, as also 
 to haue aduertised the same by their generall letters to the 
 Planters there for their better encouragement and comfort. 
 
 [p. 674. Tj 2.] 
 [C.S.P. I. p. 45.] 
 
 [101.] Whitehall, 28 April; Present: — Lord Archbishop, 
 Lord Keeper. Lord Treasurer, Lord Priuie Scale, Lord 
 Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr. 
 Secretarie Caluert, The Master of the Rolles. 
 
 Virginia. [Letters to the Governor Council and Colony in Virginia and 
 
 in Bermudas.] His Majesty hauing vpon diuerse informations 
 presented vnto him, taken into his gratious consideration the 
 present estate of the Colonies and Plantations in Virginia and 
 the Bermudos or Summer-Bandes, hath so farre extended his 
 royaU care, both for the redresse of that which is amisse and for 
 the establishing of fit directions and Orders for the future, 
 whereby all indirect courses, misunderstandinges, and dissen- 
 sions may bee prevented, as wee doubt not, but the effectes 
 thereof wiU both aduance the pubUque good and also redounde 
 to the particular contentment and benefite of everie honest 
 person who is any way tnterressed in that cause, which we 
 haue thought good to signifie vnto you, to the ende that there 
 be no discouragement taken or apprehended by any loose 
 aduertisementes from any person, proceding from factions 
 [? factious] humors or priuate endes, but that you comfort 
 yourselues in attending the fruites of that good worke, which 
 by his Majesties expresse commande is now in hande. And 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 63 
 
 we doe therefore require, and in his Majesties name streightly 
 charge you, to liue together in that concorde, vnitie, and ioinct 
 care of the common good of that Plantation, which becometh 
 the vndertakers of such an action, the Subiectes of such a 
 King, and the professors of one Rehgion. And whereas we 
 are informed by those who were not long since eye witnesses, 
 that neither your ffortifications, houses of habitation, nor 
 prouision of victuals are cared for in such sorte as they ought. 
 We cannot but let you knowe how displeasing it is to his 
 Majesty to heare of these thinges. And withall require you 
 to be more carefull for yourselues and the good of the Plan- 
 tation hereafter. [p. 675. ^ 1.] 
 
 [C.S.P. I. p. 45.] 
 
 [102.] Whitehall, 13 May ; Present -.—Lord Arch Bishop 
 of Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
 Lord Steward, Lord Marquis Hamilton, Lord Chamberlaine, 
 Lord Carewe, Lord Brooke, Mr. Treasurer, Mr. Comptroler, 
 Mr. Secretary Caluert, Mr. Chancellor, Master of the Roles, 
 
 The Earle of Warwicke and the principal! personns Adven- Virginia and 
 turers in the Plantation of Virginea and the Sommer Hands : '"^"" 
 Haveinge made Complainte to this Board. That wheras both 
 they, and the Virginea Company were directed to attend the 
 Commissioners (authorized vnder the great Seale of England, 
 for the handling of matters, importing those Plantations, the 
 particulers wherof appeare at large in the Comission itself e) 
 to the end they should informe the said Commissioners, of 
 such abuses and greevances, either in poynt of gouernment 
 misimployment of moneys or the lyke, wherof either side 
 mought have any iust cause of Complaint with expresse 
 Charge, and Comaund neuerthelesse from this Table, that in 
 the prepareing of the informations, each partie should goe 
 directly to the. matter, and avoyde all bitternes and sharpnes 
 of Stile, or other impertinent provocation, tending rather to 
 revive, and kindle former heates, and distractions betweene 
 the said twoe Companies, then any waygconducting to the 
 worke, and seruice intended. That notwithstanding theire 
 
64 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 Uordshipps Commaundes soe given, those of the Virginea 
 Company, have Contrived and sett downe in writting, and 
 caused pubUquely to be reade, a longe and impertinent 
 declaration, consisting 'for the most parte, of bitter and vn- 
 necessarie invectiues, and aspertions, vpon the person of the 
 Earle of Warwicke, and others whom they stiled his instni- 
 mentes and Agentes. Theire Uordships takeing the same into 
 theire Considerations, caused forthwith the said writing itselfe, 
 togeither with such persons, as were nomminated, to have a 
 cheefe hand in the penning therof, to be brought before the 
 Board, and haveing at large pervsed the said writinge, (con- 
 tayneing five or six sheetes of paper) and lykewise taken 
 examination of the persons themselues, then called before 
 them, and findeing the said writing, to be for the most parte 
 such, as was complayned of, and that the personna who were 
 cheefe Actors in the indicting, and penning therof, were the 
 Lord Cauendish, Sir Edwin Sandis Nicholas ffarrer and John 
 ffarrer. Have thought fitt, and accordingly ordered, that 
 they fower should be forthwith restrayned of theire libertie, 
 and confyned to theire seuerall lodginges or bowses, (as personns 
 guilty of a Contempt, against the directions and Comaundes 
 of this Table) wher they are to remayne, vntill his majestie or 
 this Board shall give further order.* [p. 699. ^ 2.] 
 
 [C.S.P. L pp. 45-6.] 
 
 [103.] Whitehall, 22 May : Present : — Lord Arch Bishop 
 of Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
 Lord Steward, Earl Marshall, Lord Viscount WaUingford, 
 Mr. Treasurer, Mr. Comptroler, Mr. Secretarie Caluert, Mr. 
 Secretarie Conway, Mr. Chancellor, Master of the Roles. 
 Virginia and Theite Uordships being this Day informed that notwith- 
 standinge theire former Commaundes and Directions. That 
 aU Charters, bookes (and byname the blurred booke, or bookes) 
 Letters, Petitions, Lists of names, and provisions, Invoyes of 
 
 * By an order of the 18th May, Lord Cavendish is released from his 
 confinement, and the other three are also set at hberty by the succeeding 
 order, which seems to be dated on the 21st. [P. 709 1111 1-2.] 
 
 Bermudas. 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 65 
 
 goodes, and all other -writinges whatsoever, and Transcriptes 
 of them, belonging to, or any wise importing, the Plantations of 
 Virginea, and the Summer Islandes, should be forthwith brought 
 in, to the Gierke of the CounceU, to the end they mought be 
 delivered, to the Commissioners for the said Plantations, 
 That nevertheless Divers of them, and by name the blurred 
 booke, or bookes, are still concealed, and kept backe, which 
 neglect towardes the Commaundes of this Board, theire 
 Uordships finding iust cause to reprove. Have thought fitt, 
 hereby strictly to will and require, both the said Companies, 
 and in particuler the Officers of the same, that they Cause 
 all the said Charters, Bookes &c aboue mentioned, to be 
 forthwith Deliuered in, to the said Commissioners, and that the 
 Clerke of the CounceU doe lykewise dehuer in vnto them, such 
 of the said Bookes &c as are in his Custodie, of all which, 
 each partie may have free vse, in such sorte, as to the Com- 
 missioners shall seeme good. And that all Boxes, and Packettes 
 of letters, which hereafter shalbe brought over from Virginea, 
 or the Sommer Islandes Dureing this Commission, shalbe first, 
 and ymediatehe dehuered to the Commissioners, by them 
 to be broken open, pervsed, or otherwise Disposed, as they 
 shall fynde Cause. [p. 7U. ]{ 1.] 
 
 [C.S.P. I. p. 46.] 
 
 JAMES I. VOLUME VI. (4 June 1623—28 March 1625.) 
 
 [104.] Whitehall, 4 July : Present : — Lorde Archbishop 
 of Canterbury, Lord Treasurer, Lord President, Lord priuy 
 scale. Lord Stewarde, Lord Marquis Hamilton, Erie Marshall, 
 Lord Chamberlain, Erie of Carlile, Lord Viscount Grandison, 
 Lord Brooke, Lord Chichester, Mr. Treasurer, Mr. Comp- 
 troller, Mr. Secretary Caluert, Mr. Chancellor of the Exchequer, 
 The Master of the Rolles. 
 
 This day the Lorde Cauendishe with the deputie and many Virginia, 
 other who represented the bodie of the Virginia Companie 
 presenting themselues at the Boarde to giue accompt of the 
 
66 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 charge they had receiued from their lordships for a speedie 
 rehefe of his Majesties Subiectes in the Plantation of Virginia 
 who as appeareth by sondry Advertisementes from thence 
 are in great danger of perishing by famin, declared, that 
 diverse priuat members of the Companie ioyning together 
 haue alreadie vnderwritten to the summe of seauen hundred 
 poundes, all which shalbe layde out in meale, the freighte and 
 other charges not included therein, and immediatly dispatched 
 by a ship, which they of the sayde company vndertake to 
 sende on purpose with all expedition. They declared also, 
 that for the supply of particular Hundredes and priuat persons 
 in Virginia, as also by way of priuat Marchandise, there is 
 another Roole vnderwritten to the summe of eightene hundred 
 poundes which yet they doe not conceiue to be the halfe of 
 that which wilbe in this maner sent. But their lordships 
 finding it necessary that for the supply of so generaU a want, 
 and the prevnting of so imminent a danger, there shoulde be a 
 common and generaU Contribution, made by all those who are 
 any way interessed in that busines, haue thought fit and 
 Ordered that the several names of all the whole company, 
 as well of those who haue shares as of those who haue had 
 and the severall shares and Adventures shalbe certified to the 
 Boarde, on monday next in the afternoone : and that every 
 man shall contribute to the presente reUefe proportionally 
 according to their shares, not restrayning mans farther liber- 
 alitie to giue what more he pleaseth. And to the ende that 
 the desire of priuat gaine may not ceasse his Majesties royal 
 intention and the honorable care taken by the Boarde, for the 
 relief 6 of his Majesties Subiectes there, their lordships did 
 lykewyse expressly Order and commande that when the meale 
 and other prouisions of victualls are brought thither, they 
 shalbe solde at reasonable prices. [pp. 55-56.1 
 
 [C.S.P. I. p. 49.] 
 [105.] Whitehall, 4 July : Present :— As before. 
 X'irginia. [Samuel Wrote is restored to his position as Counsellor for 
 
 Virginia, and member of the Summer Islands Company.] 
 
 [p. 57. H 2.] 
 
1623]. ACTS OP THE PRIVY COUNCIL (COLONIAL). 67 
 
 [106.J Whitehall, 19 July : 
 
 Their Lordships hauing taken into consideration the seruice Virginia. 
 of certaine persons that attended the Commissioners who 
 were deputed to examine the state of the businesse of 
 Virginia, vizt their Clerke, their Messenger, and the Keeper 
 of the house, in which they helde their meetinges and con- 
 ferences ; thought fit and ordered that some allowance shall 
 be made to each of them, the seuerall proportions whereof, 
 their lordships referre to the righte honorable, the Lorde 
 high Treasurer of Englande, to be set downe and rated by 
 his lordship, as he shall iudge convenient. 
 
 [p. 72. last ^.] 
 [C.S.P. I. v. 50.] 
 
 [107.] Whitehall, 22 July: 
 
 Whereas his Maiesty being gratiously pleased to take Virginia, 
 into his RoyaU care the State of the Plantation of Virginia, 
 and of the Gouuernment thereof refferred the same to the 
 deliberation of their Uordships ; who hauing considered 
 thereof, did accordingly make reporte vnto his Maiesty : 
 It is thought meete and Ordered that the Lord Viscount 
 Grandison, the Lord Carew and the Lord Chichester shall 
 take the notes hereto adioined into particular consideration, 
 and out of them frame and set downe in wryting such Orders 
 as they conceiue to be fittest for the regulating of all thing 
 in Virginia and for the Ordering of the Gouuernment 
 and to present, there to be red and aduised on. 
 
 [p. 76. U 1.] 
 [C.S.P. I. p. 50.] 
 
 [108.] Whitehall, 8 October : Present : — Lord Keeper, 
 Lord President, Lord Viscount Grandison, Lord Carew, Lord 
 Chichester, Mr. Secretary Caluert, Master of the Rolles. 
 
 [Sir WilUam Jones and others are instructed to continue Virginia and 
 their inquiry into the state of Virginia and the Somers 
 Islands.] [P- 123. ^ 1.] 
 
 [C.S.P. L p. 52.] 
 
68 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 [109.] Whitehall, 8 October: Present :— .Lord Keeper, 
 Lord President, Lord Viscount Grandison, Lord Carew, Lord 
 Chichester, Mr. Secretary Caluert, Master of the Rolles. 
 Virginia. This day the Deputy and diuers of the Aduen- 
 
 turers and Companie of Virginia were called to the 
 Boarde, vnto whom their llordships declared that his Maiesty 
 hauing taken into his Princely Consideration the distressed 
 estate of that Colonie and plantation, occasioned (as it 
 semeth) by the miscaryage of the gouuernment in that Com- 
 panie, which cannot welbe remedied but by reducing the 
 gouuernment into the handes of a fewer nomber of gouuemors 
 neare to those that were in the first Patentes of that Plan- 
 tation But specially to be prouided that the interest of 
 all aduenturers, and priuate persons whosoeuer shalbe pre- 
 serued and continued as they are. Hath therefore resolued by 
 a new Charter to appoint a Gouuemor and twelue assistantes 
 resident here in England, vnto whom shalbe committed the 
 gouuernment of that Companie and Colonie, which gouuernor 
 and assistantes his Maiesty wilbe pleased to nominate, and 
 make choise of for the first tyme, and afterwardes the election 
 of the gouuernor to be in this manner Vizt : The Assistantes 
 to present the names of three to his Maiesty, of whom his 
 Maiesty wilbe pleased to nominate one to be gouuernor, and 
 the Assistantes to be chosen by the greater parte, of the 
 gouuernor and Assistantes for the tyme being, the names of 
 them being chosen being first presented to his Maiesty or to 
 this Boarde, to be allowed or disalowed by his Maiesty, and 
 the gouuernor and six of the Assistantes to be changed thus 
 once in twoe yeares. And his Maiesty is pleased that there 
 shalbe resident in Virginia a gouuernor and twelue .Assistantes 
 to be nominated by the gouuernor and Assistantes here resi- 
 dent, they presenting the names to his Maiesty or this Boarde 
 that his Maiesty may allowe or disallowe the same. And as 
 the gouuernor and Assistantes resident in Virginia shall haue 
 dependance and relation to the gouuernor and Assistantes 
 resident here. So the gouuernor and Assistantes here shall 
 haue relation and dependance on this Boarde, whereby all 
 matters of importance may be directed by his Maiestie or this 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 69 
 
 Boarde. And that in the same Charter his Maiestie purposeth 
 to make the lyke grantes aswell of landes, as of franchises, 
 and other benefites, and things, as well granted in the former 
 Charters, with declaration that for the setling and establishing 
 of priuate interestes of all men, this new Companie shall 
 continue or newly grant vnto them the lyke interest as they 
 enioy, by grant, order, or allowance of the former Companie. 
 And therefore the said Deputie, and others of the said Com- 
 panie, were by their Uordships required to assemble a Court 
 on Wednesday next, therein to resolue whither the Companie 
 wilbe content to submit and surrender their former Charter, 
 and accept of a new Charter with the alteration aboue men • 
 tioned, and to retourne their answer with all expedition to 
 this Boarde, his Maiesty being determined, in default of such 
 submission to proceede for the recaUing of the said former 
 Charters in such sorte as shalbe iust. [p. 123. ^ 2.] 
 
 [C.S.P. I. p. 52.] 
 
 [110.] Whitehall, 15 October : 
 
 [Mr. Justice Jones is excused attendance on the Virginia Com- Virginia, 
 mission, owing to his other employments.] [p. 125. ^ 2.] 
 
 [C.S.P. L p. 52.] 
 
 [111.] Whitehall, 17 October: Present: — Lorde Arch- 
 bishop of Canterburie, Lord Treasurer, Lord President, Erie 
 Marshall, Erie of CarUle, Erie of Kelly, Lord Viscount 
 Grandison, Lord Chichester, Mr. Treasurer, Mr. Secretarie 
 Caluert, Mr. Chancellor of the Exchequer, the Master of the 
 RoUes. 
 
 This day the Deputie and others representing the bodv of Virginia; 
 the Virginia Companie, did in conformitie to the Order they 
 had receiued, exhibite at the Boarde their Answer to that 
 which according to his Maiesties pleasure, their lordships had 
 both propounded vnto them viua voce, and also declared 
 by an act of Counsell Dated the eighth of this moneth, whereof 
 a Copie was deUuered them ; in which doth manifestly appeare 
 his Maiesties gratious intention and royal care of the Plan- 
 tation both generally for the pointe of gouuernment, and par- 
 ticularly for the conseruing of every mans priuat interestes. 
 
70 ACTS OF THE PRIVY COCTNCIL (COLONIAL). [1623. 
 
 Now for as much as the saide answer is merely dilatorie 
 the saide Deputie and the rest pretending thereby that 
 by reason of a hmitation in their Patent, they may not 
 handle matters of that nature and weight, but at a quarter 
 Courte, which will not be vntill the 19th of Nouember next; 
 their lordships being no way satisfied with this pretense, 
 considering that his Maiestie expecteth a speedy accompt 
 of the proceeding in this businesse, which also in it seKe requireth 
 expedition, in regarde of the importance and consequence 
 thereof : haue therefore Ordered, and expresly charged the 
 saide Deputie and the rest, that they assemble themselues 
 againe forthwith, and on Monday next in the aftemoone 
 which wilbe the xx"^ of this moneth deUuer a cleare, direct, 
 and final answer, to that which hath bene before propounded 
 and was this day reiterated vnto them; vizt whether the 
 same Companie wilbe content to submit and surrender their 
 former Charter and accept of a niew Charter, with the alter- 
 ations mentioned in the af oresaide Act of CounseU. And to this 
 purpose the Deputie was lykewyse expresly commanded to 
 propound the question to the saide Companie in those cleare 
 and plaine tearmes in which it was dehuered. 
 
 [pp. 126. H 2.] 
 [C.S.P. I. pp. 52-3.] 
 [112.] Whitehall, 20 October: Present :— Lord Archbishop 
 of Canterburie, Lord Keeper, Lord Treasurer, Lord President, 
 Lord Priuie Scale, Erie Marshall, Lord Viscount Grandison, 
 Lord Chichester, Mr. Secretarie Caluert, the Master of the 
 RoUee. 
 
 Virginia. Whereas their lordships were this day informed that there 
 
 is a great discouragement amongst many aduenturers of the 
 Plantation in Virginia, by reason of the intended reforming 
 and change of the gouuernment, wherevpon they are fearefull 
 to prosecute their aduentures, so as it may occasion some stop 
 of those Ships which are now readie fraugted, and bound for 
 that Country : Although their Uordships merueile that any 
 should be so far mistaken, considermg the declarations that 
 haue bene made at the Boarde viua-voce, as also by an Act 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 71 
 
 of CounseU and otherwise ; yet for the better satisfying of those 
 who rather through error or mistaking or through the vntrue 
 suggestions of others, haue receiued any such feare and dis- 
 couragement their lordshipps doe thinke fit hereby to declare 
 againe, that there is no other intension then merely and onely 
 the reforming and change of the present gouuernment, whereof 
 his Maiesty hath sene so many bad effectes, as wilbe to the 
 endangering of the whole Plantation, if it continue as it is, 
 Neuerthelesse for so much as concerneth the priuate interestes 
 of any men, his Maiesties Royall care is such, that no man shall 
 receiue any preiudice, but shall haue his Estate fully and wholly 
 concerned and if in any thing it be defectiue better to be 
 secured so as they neede not apprehend any such feares or 
 other inconvenience. It is therefore Ordered by their Uord- 
 ships, and thought fit to be pubhshed to the Companie, that 
 it is his Maiesties absolute command, that the Ships which were 
 intended to be sent at this tyme to Virginia, and are in some 
 readinesse to goe, be with aU spede sent away for the reUefe 
 of those that be there, and the good of that Plantation, and 
 this to be presently done without any stop or dilay. 
 
 b. 131.] 
 [C.S.P. I. p. 53. 
 
 [113.] Whitehall, 24 October: Present :— Lord Arch- 
 bishop of Canterburie, Lord Keeper, Lord President, Lord 
 Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert. 
 
 A letter directed to John Harvy, John Pory, Abraham Virginia. 
 Percey, Samuel Mathews and John JefEreson. His Maiesty 
 hauing taken into his Royall care the Plantation in Virginia, 
 besides the Order hee hath here giuen for the redresse and 
 reformation of the gouuernment hath bene lykewise pleased 
 for the better aduancing of so good a worke, to command that 
 information be taken of the present State of the Plantation 
 in diuerse considerable pointes. ffor which cause we haue 
 thought fit and doe hereby will and require you, in regarde 
 you are well acquainted with the coursses and conditions of 
 thinges there, to make diUgent enquire of these particulars 
 
72 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 following, and certify vs accordingly what you finde; vizt 
 How many seuerall Plantations there be, and which of them 
 be publique, and which priuate and particular ; what people, 
 men women and Children be in each Plantation ; what fortifi- 
 cations, or what place is best to be fortifyed ; what howses 
 and how many ; what Cattle, what Armes Ammunition, and 
 Ordinance mounted and seruiceable; what Come and other 
 prouision of victuals ; what Boates and Barques ; what Bridges 
 and pubhque workes ; how the Colonie standeth in respect of 
 the Sauuages ; what hopes may be truly and really conceiued 
 of that Plantation ; And lastly the directest meanes to attaine 
 to those hopes. And so expecting a diligent accompt from 
 you touching these particulars, wee, etc. [p. 137. If 2.] 
 
 [C.S.P. I. p. 53.] 
 
 [lU.j Whitehall, 24 October: Present :— Lord Arch- 
 bishop of Canterburie, Lord Keeper, Lord President, Lord 
 Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert. 
 
 Virginia. Another letter to the Gouuernor and Counsell m Vir- 
 
 ginia. Whereas we haue thought fit to appoint John 
 Haruy and others to make particular and dihgent enquiry 
 touching diners particulars which concerne the State of that 
 Plantation where you remaine : To the ende they may the 
 better performe the Order they haue receiued from vs, and 
 discharge the trust we haue committed vnto them, we doe 
 hereby will and require you to yeald them your best ayde and 
 assistance vpon all occasions, and in all those thinges wherein 
 they shall finde cause to vse the same to the ende aforesaid. 
 
 [p. 137. H 3.] 
 
 [C.S.P. I. p. 54.] 
 
 [115.] Whitehall, 21 November: Present :— Lord Arch 
 
 Bishop of Canterbury, Lord President, Lord Priuie Scale, Lord 
 
 Steward, Earl of Kelley, Lord Carewe, Mr. Treasurer, Mr. 
 
 Comptroler, Mr. Secretary Caluert, Master of the Roles. 
 
 Virginia. The Board being made acqainted by Mr. Atturney generall 
 
 That wheras a Quorranto was issued out of the Kinges Bench 
 against the Company of Virginea, for the questioning of theire 
 Charters, and thervpon a Rule given, for the said Companie 
 
1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 73 
 
 to make theire answeres by Christmas Eue next. And that 
 the said Company pretend, they cannot make perfect answer 
 thervnto, without the sight and vse of aU such Bookes and 
 writinges, as have beene by them formerly delivered into the 
 handes of his maiesties Commissioners appoynted for the 
 Examination of the busines concerning theVirginea and Summer 
 Island Companyes. Theire Uordships haveing Considered 
 therof, did thinke fitt and accordingly order, that all the fore- 
 said Bookes and writinges, whether remayneing in the handes 
 of the Commissioners or els wher, shalbe forthwith dehuered 
 by Inventorie vnto the said Company. [p. 155. ^ 2.] 
 
 [C.S.P. I. p. 54.] 
 
 [116.] Whitehall, 8 December: Present: — Lord Keeper, 
 Lord President, Lord Grandison, Mr. Secretary Caluert. 
 
 There was this day read at the Boord a Petition of the Bermudas. 
 Deputie and Companie of Adventurers, to the Summer Islandes, 
 Shewing That whereas It had bin oftentimes debated before 
 this Boord, in the presence of diuerse of the Adventurers and 
 Planters of the said Islandes by what course the debtes of 
 the said Companie might bee paid, and the pubhque Charges 
 bee heereafter borne. And whereas by an order of this Boord 
 of the 28th of Aprill last, the Commissioners for that Plan- 
 tation and that of Virginia, were required to aduise of a Course, 
 for the dischargeing of the said debts and pubhque Charges 
 of the Summer Islandes, And that after great paines taken by the 
 said Commissioners they did finaUie set downe and order vnder 
 their handes of the 8th of July last now shewed to their lord- 
 ships in theise wordes following. 
 
 Whereas by an order of the Uords of his maiesties most hie 
 privie Counsell bearing date the 28th of ApriU last, certaine 
 differences arrising betweene the Gouernor and Companie 
 of the Summer Islandes, and the Adventurers and Planters 
 there, were referred to our Consideration, concerning a late 
 Imposition of fower pence laid vpon euerie pownd of Tobacco 
 that came from thence, toward the payment of pubhque Charges, 
 for which some private men are alreadie ingaged for the vse of 
 the Companie, wee haue endeavored to set an end to the 
 Controversie. And vpon fuU hearing of the same and the reasons 
 
74 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 on each part, It is agreed before vs by Consent, That 
 whereas it appeareth that the *Bonde of the said Companie, 
 hath bin giuen for about 1,400L ffower hundred pownd 
 thereof shalbe borne, by an Imposition to that value 
 to bee laid vpon all the Tobacco that came from the Summer 
 Islandes this yeare into England. The residue of the said 
 debt and all other debtes and duties and all other future 
 Charges to bee layd for the pubhque they shalbe borne equaUie 
 by the Adventurers according to the number of each mans 
 Shares and for the more ease of Adventurers It is hkewise 
 thought fitt that two pence vpon the pownd shalbee layed vpon 
 the Tobacco of the Planters towards publick Charges and six 
 pence vpon the pownd of all the Tobacco that shalbe brought in 
 from the Summer Islands, by such as are neither Planters 
 nor ffreemen of the Companie. And if any man hath alreadie 
 sent in more, then the rateable part amounteth vnto according 
 to the Proposition aforesaid. It is thought fitt and iust that he 
 bee satisfied out of the thowsand pownds to bee leavied. 
 which 
 "mm that the [fforasmuch as the] said order of the 8th of July was 
 
 words inter- ,., . '' 
 
 lined were bkewise 26th of the last 
 
 bydTrldion ^"^lA agreed and Consented vnto vpon the [third of this 
 after the moneth 
 
 order was 
 
 entred." present] by a generall Quarter Court of the said Plantation 
 of the Summer Islandes. 
 
 It was therefore ordered by their lordships this day that 
 the said order of the Commissioners of the 8th of July shall 
 accordingly bee put in execution and stand ratified and 
 Confirmed by an Act of this Boord. And that whoseuer shall 
 heereafter oppose the same or shall refuse to pay such assess- 
 ment as by vertue of the said order shalbe laid vpon him, 
 shalbe proceeded against as Contemners of the authoritie of 
 the Boord, and compelled to satisfie the same by such Course 
 as by their lordships vpon Complaint thereof shalbe thought 
 fitt and Convenient. [p_ igg, ^ 2.] 
 
 [C.S.P. I. p. 55-] 
 
 * This word ia very badly written, and may be Voate, Noate, or Seale. 
 
1623.] ACTS OF THE PRIVY COTJNCIL (COLONIAL). 75 
 
 [117.] Whitehall, 8 December : Present : — Lord Keeper, 
 Lord President, Lord Grandison, Mr. Secretary Caluert. 
 
 This day there was read a Petition at the Boord Virginia, 
 of willyam Cunnyn complayning that their lordships having 
 requiered the Virginia Companie to giue answere, whether 
 they would deUuer vpp their Patent to his Maiestie, That the 
 said Petitioner did vse some reasons in Court to perswade the 
 deliuerie of the same and not to contest with his maiestie 
 about the Gouernment, the King ofEring that allmens partiouler 
 Interestes should bee preserved, which words one Thomas 
 Kighley a marchant dishking answered that it was neither 
 iust nor honest to deliuer vpp the Patent and some other 
 wordes of distast ensuing betweene them afterwardes at the 
 Exchange vpon the foresaid occasion and the Petitioner 
 thrusting Kighley from him that the said Kighley arrested the 
 Petitioner vpon an Action of 5001. and hath since on the said 
 Action recouered 201. of him The Boord did order that Mr. 
 Atturney shall examine the truth of the said wordes aUeadged 
 to bee spoken, and whether the cause of the said Action did 
 growe in Consequence of the said speeches, and shall certifie 
 to the Boord what hee finds, wherevpon such further shalbe 
 taken as shalbe fitting. [p. 187. Tf 2.] 
 
 [C.S.P. L p. 55.] 
 [118.] Ibid. 
 
 Whereas diuerse of the Companie of the Summer Virginia and 
 Islandes did this day complain, that a Petition had ®'^™'^ *^' 
 bin dehuered, to this Boord by Nicholas Farrar Deputy of 
 the Companie of Virginia (whereby some order did ensue 
 from the Boord) affirming that the Commissioners for the 
 examining of the State of the affaires of the Companies of 
 Virginia and the Summer Islandes, had not set an order for 
 the payment of the debtes and publique Charges of the said 
 Companie of the Summer Islandes according as had bin referred 
 vnto them from the Boord. And that aU they whose names 
 were vsed to the said Petition were consenting therevnto ; 
 In both which points hee had misinformed the Boord Their 
 lordships did this day order, that the said Petition should bee 
 
76 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 
 
 sent to Mr. Attumy Generall togither with the order vnder- 
 written to examine and report to the Boord, whether it bee 
 true as is affirmed in the said Petition, That the Commissioners 
 in the Petition mentioned haue not set any Course for paying 
 the debtes of the said Companie as was by this Boord referred 
 vnto them, As also whether all the parties to the said petition 
 gaue their Consent therevnto. And such other particulers 
 as were then Complained of, against the Carriage of the said 
 Nicholas Ferrar. [p. 188. If 1.] 
 
 [C.S.P. I. p. 55.1 
 
 [119.] Whitehall, 8 December: Present: — Lord Keeper, 
 Lord President, Lord Grandison, Mr. Secretary Caluert. 
 Virginia. There was this day read at the Boord a Petition in the 
 
 name of sundrie Adventurers and Planters of the Virginia 
 Plantation Complayning that whereas sundrie of them are 
 wilhng to surrender vpp their Patent, for point of Government 
 his maiestie taking care to preserue euery particuler mans 
 interest as hath bin required by his maiestie And that diuerse 
 others of the said Companie refusing to conforme themselues 
 to his maiesties pleasure are proceeded against by Mr. Attumy 
 Generall by a writt of quo warranto, That yet they haue lately 
 made an order in Court, that the Charge of their defence shalbe 
 borne by the pubhque stocke, to the preiudice (as is conceiued) 
 of those others who are willing to surrender vpp their Patent. 
 It was this day ordered. That all those who are questioned 
 in the said Quo warranto shall make their defence at their 
 owne particuler Charge without any helpe or dispending any part 
 of the pubUque stocke in that Case, And that such as are willing 
 to surrender shalbe discharged from all contribution towards 
 the expence of the said suite, both in their persons and their 
 goodes. [p. 188. Tj 2.] 
 
 [C.S.P. I. p. 55.] 
 
 [120.] Whitehall, 19 December: Present :— Lord Arch- 
 bishop of Canterbury, Lord Keeper, Lord Treasurer, Lord 
 President, Lord Steward, Lord Chamberlaine, Earl of CarUle, 
 Lord Viscount Grandisone, Lord Chichester, Mr. Secretary 
 Caluert, Mr. Chancellor Exchequer, Master of the Rolles. 
 
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 77 
 
 A letter to Sir Francis Wiatt Gouernor and the rest of Virginia, 
 the Councell of Virginia. Whereas Captaine John Martine 
 Esqr., being a Planter in Virginia, hath bin detayned a good 
 space heere, by reason of diuerse Controversies which haue risen 
 concerning the Plantation of Virginia wherein (as wee conceaue) 
 hee hath behaued himself honestlie and discreetlie. fforas- 
 much therefore as hee is now returning backe againe with 
 some of his servants and manie others that would plant and 
 ioine with him, and beginne againe to settle himself and them 
 vpon his ruinated Plantation, wee haue thought good for his 
 better incouragement, to accompanie him with theise our letters 
 vnto you the Gouernor and Counsell there, And although wee 
 doubt not but that you will vse him and his asociates, as be- 
 cometh you, and may stand with the advancement of the Plan- 
 tation ; yet wee will expect that for this our recommendation 
 somewhat more then ordinarie respect should bee had of 
 him. And do require you to take care (so much as in you 
 lieth) that hee and such as shalbe vnder his Command, may bee 
 free from all danger of oppression, and peaceably inioye, all 
 such landes and goodes as belonge vnto them, behaving them- 
 selues as faithfuU subiects ought to doe whereof nothing 
 dowbting wee bid you hartilie farewell. [p. 199. ^ 1.] 
 
 [C.S.P. I. p. 55.] 
 
 [121.] Whitehall, 30 December : Present : — Lord Keeper, 
 Lord Treasurer, Lord Steward, Earl of Garble, Lord Brooke, 
 Mr. Chancellor Exchequer. 
 
 A letter to Nicholas Farrar deputie of the Virginia Virginia. 
 Companie. Wee are informed that there is a Shipp lately 
 arriued from Virginia, And for some causes knowne vnto vs, 
 wee do heereby require you to seaze vpon all the letters asweU 
 publique as private that come in the said Shipp, and to bring 
 or cause them to bee safely brought vnto vs vnopened with 
 as much expedition as you can whereof you may not faile 
 and this shalbe your warrant. [p. 215. ^ I.] 
 
 [C.S.P. I. p. 55.] 
 
78 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624. 
 
 Virginia. 
 
 Virginia. 
 " mm: all 
 theise 
 Patentes 
 bookes of 
 account &c. 
 were 
 
 deliuered to 
 Henry 
 Fotherby 
 clarke to the 
 Commission- 
 ers, by order 
 from the 
 Lords the 
 19 of July 
 1624 •' 
 
 Virginia. 
 
 [122.] Greenwich, 24 June: 
 
 [The former Charter of the Virginia Company having heen 
 cancelled,] His Majestic is resolved to renew a Charter with the 
 former priviledges, and with amendment of such imperfections, 
 as concerne the Government of that Plantation and Colony. 
 Therefore his Majestic did order and appoint, 
 with the advise of the Board, The Lord President, the Lord 
 Pagett, the Lord Chichester, Mr. Treasurer, Mr. Comptroler, 
 both the Principal! Secretaries, Mr. Chancellor of the 
 Exchequer, Mr. Chancellor of the Duchy, Mr. Attumy, Mr. 
 Solicitor generall. Sir Robert Killegrew, Sir Thomas Smyth, 
 Sir Francis Gofton, Sir John Wolstenholme, and Alderman 
 Johnson, or any six of them, whereoff two to bee of his 
 Majesties Privie CounciU, [to consult together concerning 
 the well settling of the said Colony, and to report from 
 time to time to his Majesty, or to the Board.] 
 
 [p. 342. 11 1.] 
 [C.S.P. I. p. 62.] 
 
 [123.] WhitehaU, 26 June : 
 
 The Commissioners aboue named lately apointed (with 
 others) by his Majestic for the setUng of the affaires of 
 Virginia meeting this day did order ; That Mr. Ferrar Deputy 
 for the late Companie of Virginia, should bring in, all the 
 Patentes, bookes of account, together with the invoises con- 
 cerning the late Corporation of Virginia, and the lists of the 
 people there to the Councell Chamber, to bee there kept by the 
 keeper of the Councell Chest till further order should bee 
 given. [p_ 344. last %] 
 
 [C.S.P. I. p. 62.] 
 
 [124.] Ibid. 
 
 Present -.—Lord Archbishop Canterbury, Lord President, 
 Lord Priuie Scale, Lord Marshall, Mr. Treasurer, Mr. 
 Comptroller, Mr. Secretary Caluert, Mr. Chancellor of the 
 Exchequer, Master of the Rolles. 
 
 The Commissioners lately appointed by his Majestic and 
 the lordes for the direction of the Virginia busincs did this 
 
1624.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 79 
 
 dale order that all the Stocke, Arrerages, dues upon Acoomptes 
 allowed or not allowed, Merchandize, Proffittes of landes or 
 other emolumentes whatsomeuer belonging to the PubUke of 
 the late Corporation of Virginia into whose handes someuer 
 they shall come, shalbe reserued and accompted for to his 
 Majestic and to the Commissioners appointed by him for the 
 vse of the Corporation, which his Majesty intendeth of newe 
 to erect for the Plantation of Virginia. [p. 345. ^ 2. 
 
 [125.] Whitehall, 15 July: 
 
 Whereas Thomas Pory Gentleman, hath bene employed Virginia. 
 from the Board into Virginia about his Majesties speciall 
 affaires, in which hee hath expended one hundreth pounds, 
 as by his Petition presented vnto vs hee humbly sheweth. 
 fforasmuch as wee find that hee hath taken paines, and vsed 
 dihgence in the performance of the said seruice, wee doe 
 thinke fit that his Majesty be moued to allow vnto him the 
 somme of one hundreth and fifty pounds ; whereof the Clerke 
 of the Signed now attendant, is to take notice, and to prepare 
 a Bill to that purpose, ready for his Majesties signature. 
 
 Ip. 376. Tl 1.] 
 [C.S.P. I. p. 64] 
 
 [126.] Hampton Court, 28 September: 
 
 A letter to Sir Francis Wyatt, Governor of Virginia, and the Virginia, 
 rest of the Counsell there. [John Puntis, Esq, Vice Admiral of 
 Virginia, having lately died, and his Executor, Sir Thomas 
 Merry, being prevented by his duties as Clerk of the Green 
 Cloth from attending adequately to so dispersed an estate,] 
 wee have thought good to make use of your Care and paines 
 therein. And doe to that end earnestly praie and require you 
 with aU convenient speed to cause an exact and particular 
 Accompt to be taken of all and singular the debts and creditts 
 goods and Comodities of the said Mr. John Puntesse. 
 [The inventory and the goods, (being first carefully sealed up 
 
80 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624. 
 
 with your own seal) are then to be despatched to Sir Thomas 
 Merry. In the meantime, everything is to be kept carefully 
 sealed up.] [p- 449. last %] 
 
 [C.S.P. I. p. 70.] 
 
 [127.] Hampton Court, 30 September : 
 Bermudaa. A Letter to the Lord Carew, Master of the Ordinance. 
 [The company of the Somers Islands are to be furnished] 
 with twenty barrells of Powder to be sent into the saide 
 Islands in regarde that they cannot finde anie that is good 
 to be bought in the Cittie. [For this they are to pay ready 
 money, at the rate of tenpence the pound.] [p. 455. 1| 1.] 
 
 [C.S.P. I. p. 70.] 
 
 [128.] Whitehall, 22 October : 
 
 Virginia. A Letter to the Lord Carew, Master of the Ordinance. 
 
 [His Majesty is pleased, upon the humble suit of the Virginia 
 
 Commissioners, freely to give and grant unto them one last 
 
 of powder, to be employed for the better defence and security 
 
 of that plantation.] [p. 474. ^ 1.] 
 
 [C.S.P. I. p. 70.] 
 
 [129.] WhitehaU, 17 November : 
 Virginia. [A letter to the Lords Commissioners of Virginia, referring 
 
 to them a petition presented by the Lady Wyatt on the behalf 
 of her husband Sir Francis Wyatt, in which she complains 
 that the Virginia Company has failed to perform conditions 
 agreed upon between them.] [p. 496. ^1.] 
 
 Newfound- 
 land. 
 
 [130.] Whitehall, 20 December: Present— Lord Arch- 
 bishop, Lord Keeper, Lord Treasurer, Lord President, Lord 
 Priuie Scale, Lord Viscount Grandisone, Lord Chichester, Mi'. 
 Treasurer, Master of the Rolles. 
 
 A letter to the Duke of Buckingham Lord high Admirall 
 of England and Lord Warden of the cincque Ports. 
 
 Whereas wee do find that his majestic will verie shortlie haue 
 great occasion to make provision of victualls, for diuers 
 
1624-5.] ACTS OF THE FUIVY COUNCIL (COLONIAI;). 81 
 
 important services of his owne, and that there are at this time 
 great numbers of Shipps laden with fish of Newfoundland arriued 
 in England, whereof a great part is hkelie to bee transported 
 into Spaine and Portugall and his majesties provisions thereby 
 disappointed except some speedie order may bee taken therein ; 
 wee haue thought fitt to pray and require your lordship to 
 cause the officers vnder your lordship in the severall Ports to 
 make staye for his majesties vse of theise Shipps following 
 laden with Newfoundland fish (paying the vsuaU price for 
 the said fish), viz. : the Thomas of London whereof John 
 Breadcake is Master the William and John whereof Nott 
 is master the Sarah Bonaventure whereof Luke Whetstone 
 is master, the great Saiser, whereof Peter Rewttan is master 
 the Globe whereof Thomas Newport is master the Beare 
 whereof Robert Satman [? Latman] is master and the 
 Seahorse whereof Thomas Hackwell is master, and generalhe 
 to make stay of all such shipps laden with Newfoundland fish 
 and Corne for the Ports aforesaid, which in your lordships 
 approued wisedome and discreation you shall find fitt for his 
 majesties service, as is formerhe specified to be stayed vntill 
 further order shalbee giuen in that behalf, wherefore theise 
 letters shalbee your lordships sufficient warrant. 
 
 Ip 556. Tl 2.] 
 [C.S.P. Domestic. 1623-5. p. 414.] 
 
 [131.] Whitehall, 8 January: 
 
 [The merchants concerned having petitioned against the Newfound- 
 above order 130, and the evidence having been taken of 
 Sir Allan Apsley, Lieutenant of the Tower and one of the 
 victuallers of his Majesty's navy,] it was thought fit and 
 accordingly ordered, that when the said Sir AUin Apsley is 
 fournished by them with so much fish, as shall be needeful 
 for his Majestys present service, they may without farther 
 stop or restraint transport the remainder thereof, in the said 
 Ships, to those partes and places for which they have designed 
 and appointed the same. 
 
82 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
 
 [132. J Whitehall, 22 January: 
 
 New [This day the petition was read of Andrew Dickson] 
 
 England. concerning the controuersie between him and Sir fferdinando 
 Gorge and Doctor Gooch about a Ship called the Neptune 
 built by the said Dickson, who was therein employed and 
 set on worke by certaine noble-Men for themselves and other 
 Patentees for New England, and pretendeth, besides the 
 money and wages due unto himselfe, such summes as hee 
 standeth engaged for to sundry persons, which as hee 
 aUeageth were disbourssed about the said ship, amounting in 
 all to one thousand one hundreth pounds. [Dickson and 
 Sir Ferdinando Gorges having been personally examined, it 
 was resolved that the sum due should be assessed by three 
 of the Trinity House, chosen by the rest of the body there, 
 and three of the Company of Shipwrights, chosen by the 
 Master, Wardens and Assistants of that Company, Gorges 
 expressing his wilhngness to pay promptly whatever they 
 should think fair.] [p. 603.] 
 
 [133.] WhitehaU, 31 January: 
 
 Orange Tree. A letter directed to Sir John Elyot knight vice-Admirall 
 of Deuon, The Mayor of Plymouth, Sir fferdinando Gorge Etc, 
 
 Whereas wee haue receiued information that there is now 
 a Dutch-Ship ryding in the hauen at Plymouth called the 
 Orenge-tree of Amsterdam, being of the burthen of one 
 hundreth and fifty Tunes or thereabouts, and bound to a place 
 in America which is comprehended in a Grant made by his 
 Maiesty vpon iust consideration to diuerse of his Subiectes : 
 wee doe therefore hereby will and require you to take Order 
 that the Captaine or Maister of the said Ship, be presently sent 
 vp hither with his Commission, and the plat which hee hath 
 that vpon his apparence and hearing and examining the cause, 
 wee may determine what wee shall farther thinke fit to bee 
 done. And wee doe lykewise will and require you, to make 
 stay of the Ship, vntill you shall receiue other directions. 
 
 [p. 616. H 2.] 
 
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 83 
 [134.] Whitehall, 23 February : 
 
 A letter to the llords and others Commissioners for Virginea Bermudas, 
 and the Summer Islands. Whereas Lewis Hughes Minister 
 of gods word, haueing humbly complayned by Peti- 
 tion to this Board, against the late Company of 
 the Summer Islands, for detajnieing from him a great 
 part of his wages, and Salary due to him, for seuerall 
 yeares, dureing which he did exercise his Ministerie 
 in those Islands. We referred the further Examin- 
 ation thereof, to such fitt persons, both Diuines and 
 others, as we thought good, fforasmuch as we fynde by 
 CertifRcate retourned to the Board vnder the hand of the 
 greatest parte of the said Referrees, that ther is a good Arreire 
 of Salarie due to the Petitioner and that an Imposition of iijc^. 
 the pound had beene layd by the Company vpon everie mans 
 Tobacco there, pretending the same to be for the better main- 
 tenance of theire Ministers (which Imposition had beene 
 accordingly leavied and accounted, to the Company here, 
 amounting to aboue 2000i!. sterhng). [The Commissioners, 
 or any three of them are required] to examine the truth 
 therof and accordingly to make Certifficate in writing to this 
 Board. [p. 665. ^ 2.] 
 
 [C.S.P. I. p. 72] 
 
 [135.] Whitehall, 28 February: Present:— The Arch- 
 bishop of Canterbury, The Lord Keeper, Lord President, Duke 
 of Buckingham, Lord Carewe, Mr. Treasurer, Master of the 
 Wards, Mr. Secretary Morton, Mr. Chancellor. 
 
 [A Warrant is directed to the Vice-Admirals of Corn- Newfound- 
 wall and Devon, or their Deputies, the Mayors, Magistrates, ''^'^'^• 
 Customers, Comptrollers, and all others his Majesty's Officers, 
 to whom it may appertain within the several ports of 
 Plymouth, Dartmouth, Barnstaple, and other the western 
 ports, charging them, that whereas] the Marchaunts and 
 owners of Shipps, ymployed in the Annuall fishing voyage, to 
 Newfoundland, (which takes upp greate nombers of Marriners) 
 doe hasten theire said Voyage this yeare, a month sooner 
 
Bermudas. 
 
 Newfoiind- 
 land. 
 
 Newfound- 
 land. 
 
 84 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
 
 than they neede, or have formerly been accustomed, of purpose 
 as is conceived to prevent a Presse, which they feare, of some 
 of theire Marriners, for the furnishing of the Kings Shipps, 
 and the rest of the ffleete now in prepareing here, [no such 
 ships are to be allowed to sail until April 1st, being as soon as in 
 former years they have used to set forward.] [p. 677 ^ 2.] 
 Another Warrant of the same Tenor directed to the 
 Ports of Hampton, Poole, Waymouth and Lyme. 
 
 [p. 678. ^ 1.] 
 
 [136.] Whitehall, 28 February : Present : — The Archbishop 
 
 of Canterbury, The Lord Keeper, Lord President, Duke of 
 
 Buckingham, Lord Carewe, Mr. Treasurer, Master of the 
 
 Wards, Mr. Secretary Morton, Mr. Chancellor. 
 
 A letter on the behalfe of Lewis Hughes Minister, directed 
 to the Master of the Rolls, Sir Thomas Smith, Sir Charles 
 Mountague, Sir Nathaniell Rich, Mr. Alderman fireeman, and 
 Thomas Gibbs Esqr, or any three of them ; of the same 
 Tenor of the letter entred the 23th of this moneth directed 
 to the Uords and others Commissioners for Virginea on the 
 behalfe of the said Lewis Hughes. [p 687. ^ 2.] 
 
 [137.] At Sheriff Parkhurst's, London, 18 March. 
 
 [In directions for a rigorous press of seamen [pp. 698-702], 
 occurs the following passage :] 
 
 And that his Majestys Service, may not occasion the 
 too long stay of the Newfoimdland fishing, you may forbeare 
 to press in everie of the said shipps, one Maister, one 
 Boateswaine, and one Boat-Mate, and for the rest, to take 
 such care, that his Majestic being first served with able and 
 sufficient men, the fishing may alsoe proceede [p 701. U 1.] 
 
 [138.] Lambeth, 23 March : 
 
 A letter to the Mayor of Plymouth and Sir John EUiott 
 and James Bagge, Vice-Admiralls of Devon, [commanding them, 
 in spite of the letter of the last of February,] to release and 
 discharge the Shipps called the Arke, the George, the Wrenn, 
 and the Uttle Barke called the Anne, riding at Plymouth, with 
 all their Marriners, and Carpenters. [p 709. ^ 2.] 
 
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 85 
 
 [139.] Whitehall, 25 March: 
 
 There was this dale read at the Board a Petition in the Tobacco 
 name of the Grocers Apothecaries and Druggists of the Cittye 
 of London and signed with very many names humbly 
 shewing, that whereas his Majestie by his Proclamation dated 
 the 29th of September last did commaund that all Tobacco 
 being not of the proper growth of the Colonies of Virginia 
 and the Sumer Islands, which should then be remayning or 
 brought in before the 20th daie of October next ensuing 
 the date of the said Proclamation should be brought to the 
 Custome house and there marked and sealed by certaine 
 persons assigned for that purpose by his Majestie, and that 
 after the said 20th of October no other Tobacco but of the said 
 Plantations should bee imported. And further shewing that 
 the said Petitioners haue in obedience to his Majesties 
 Proclamation forborne to import any other Tobacco since the 
 said daie hmited vnto them, and did before the said 20th of 
 October cause great quantities of other Tobacco which they 
 then had in theyr handes to bee sealed and marked accord- 
 ingly. But that it hath not beene possible for them to 
 make sale of all the Tobacco so marked and sealed within the 
 time limited vnto them by the said Proclamation And doe 
 therefore humbly desire, that by their Lordshipps mediation 
 the Petitioners male haue a longer time giuen vnto them for 
 the sale of their Tobacco so marked and sealed, or else to order 
 that his Majesties Agentes for the Tobacco of the said Plan- 
 tations may take the said Tobacco of their handes at the prices 
 paid for the same by the said Petitioners. Their Lordshipps 
 doe order that the consideration heereof and of all the other 
 partes of the said Petition shalbe referred to the Comissioners 
 of the said Plantations of Virginia and the Sumer Islands 
 to call the said Petitioners and the said Agentes of his Majestie 
 before them, and to settle a course with satisfaction of both the 
 said Parties, if they can, or otherwise to certifie how they 
 find the said busines to stand together with their opinions 
 what they conceaue fitt to bee done therein. 
 
 [p. 709. H 3.] 
 
Newfound- 
 land. 
 
 86 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
 
 [140.] Whitehall, 28 March : 
 
 Eight letters of the tenor following directed to the Vice 
 Admiralls of Cornwall and Deuon or theire Deputies the 
 Mayors or other officers of BristoU Plymouth Dartmouth, 
 Barstable Hamton Poole Waymouth and Lyme or to the 
 officers of any the Westerne Ports. [In consequence of the 
 sudden death of the King, the Newfoundland fleet is not to 
 sail before April 10th, unless the press be fuUy and effectually 
 performed before that date. A special clause exempts from 
 this the four ships mentioned in the letter of Maroh 23rd.] 
 
 [P 712. U 2.] 
 
 [This item is also found in Charles I., Vol. 1. fo. 3^.] 
 
 Virginia. 
 
 Virginia. 
 
 CHARLES I. VOLUME I. (27 March 1625-17 July 1626.) 
 
 [141.] Whitehall, 1 April: 
 
 [Captain Whitaker has come from Virginia with a quantity 
 of tobacco, which he claims as his own, and of which he wishes 
 to dispose. The Solicitor General affirms that Whitaker has 
 no right to it, because he was sent and employed into 
 Virginia, as a servant to the late Company. The case is 
 accordingly referred to the Lords and other Commissioners for 
 Virginia, to report to the Board. In the meantime, the 
 tobacco is to remain on ship -board.] [jo. 11''- If 2.] 
 
 [142.] Whitehall, 11 April : Present— Lord Treasurer, 
 Lord President, Lord Chamberlaine, Lord Conway, Mr. 
 Chancellor of the Exchequer, Master of the Rolles. 
 
 This day the Committees specially appointed by his Majesty 
 to consider of the businesses concerning the Plantation of 
 Virginia, entring into debate about the Contract now in hand 
 concerning the importation of Tobacco out of Virginia, and 
 the debarring of the same to be imported from all other places, 
 Manie of those who were of the Lato Companie of Virginia being 
 present, and also diners of the Commissioners for Virginia, 
 and others being also present, And both parties desirous to 
 
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 87 
 
 haue that done which might best sorte to the good of the 
 Plantation, and that which with honor might aduance most 
 profit to his Majesty, Some thing was handled touching a 
 Contract intended about the Tobacco of Virginia, wherein 
 diuers exceptions were taken by those that late were of the 
 Companie of Virginia, but the draught of the contract 
 intended, not being then in a readinesse to be shewed, nor 
 any other offer prepared by them of the late Companie of Vir- 
 ginia, to be made, that might be better for his Majesties seruice, 
 and more good to the Plantation ; The Committees thought 
 fit and haue so appointed, for the better effecting hereof : 
 That the Erie of Dorset, the Lord Cauendish and the Lord 
 Sheffield, being now present, and hauing bene formerly of the 
 late Companie of Virginia, or any of them, shall haue Uberty 
 and power to convent and call vnto them, such and so many 
 persons that were of the said late Companie of Virginia, as 
 they shall thinke fit and convenient to be assembled, to 
 conferre and agree vpon an offer to be made by them concern- 
 ing Tobacco. And withaU to giue their opinions which ia 
 the best course to be taken for the gouuernment of the Plan- 
 tation in Virginia. And for the other parte, Mr. Sohcitor 
 general! Sir Nathaniell Rich, Sir John Worstenholme, or any 
 of them, shall haue lyke power to call vnto them, or any of 
 them, such persons as they shall thinke fit and convenient 
 to the end aforesaid. And both parties are to attend the 
 Committees with their seuerall offers in wryting, on Monday 
 next at twoe of the clock in the afternoone at Whitehall. 
 
 Ho. 16.] 
 
 [143.] Whitehall, 16 April : 
 
 A warrant of Protection for Captain Haruie with generall Virginia, 
 directions : — Whereas Captaine John Haruy, being lately 
 retourned out of Virginia, is to attend this Boarde for the 
 discouverie of some things concerning his Majesties service 
 in that Plantation, and doubteth he may be arrested for 
 some debts, which he hath disabled himseff to discharge by 
 his retourne thence after a short tyme : [he is to be secured 
 from arrest or molestation for three months]. [/o. 18 . II 1.] 
 
88 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
 
 [144.] Whitehall, 18 April : 
 Tobacco. Whereas Captaine John Haruie hath lately brought a great 
 
 quantyty of Tobacko from Virginia which is still aboarde the 
 Ship wherein it was laden, which Ship doth now ride at the 
 Cowes. Vpon his humble suite, it is this day thought fit and 
 Ordered, that he may land the said Tobacco, and put it into 
 such a place, as hee shall thinke most fit, for the better 
 keping and preseruing of the same. Provided neverthelesse, 
 that hee shall not dispose thereof by sale or otherwise, vntill 
 he shall receiue other Order from the Boarde. 
 
 [/o. 19^ T[ 1.] 
 [145.] Whitehall, 18 April: 
 
 Tobacco. [Lest his tobacco may take hurt on ship-board] and the 
 
 condition thereof be much impaired. . . . Captaine Whitaker 
 may bring the same on lande, and put the same tobacco in such 
 a place, with the consent of the Farmers of his Majestys 
 Customes, as he shall thinke fittest, for the better keeping 
 and preserving of it, provided, that he shall first give 
 sufficient security to the Officers of his Majestys Customes in 
 the Port of London, not to dispose thereof by sale or other- 
 wise, but to keep it whole and entire, untill hee shall receiue 
 other Order from the Boarde." [fo. 19^ ]{ 2.] 
 
 [146.] WhitehaU, 20 AprU: 
 
 Tobacco. [Captain Harvey is permitted to] sell so much of the said 
 
 tobacco, as shall amount in value to the summe of five 
 
 hundreth pounds, for the payment of his Mariners and other 
 
 private charges." [/o. 20. ^ 1.] 
 
 [147.] Whitehall, 22 April : Present :— Lord President, 
 Lord Chamberlain, Erie of Montgomery, Mr. Chancellor of 
 the Exchequer. 
 
 Virginia. A Letter to the Lorde Conwey and the Lorde Carewe, 
 
 [instructing them,] in the businesse of Virginia . . to take into 
 consideration that parte which may concerne the securitie 
 and safety of the places and persons that shal be there ; 
 what fforts and places of strength are to be erected and main- 
 
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 89 
 
 tained there : And lastly to give an estimate what present 
 charge those things will require, and how much annually, to 
 maintaine them ; [and to report thereon.] [p 22''. ^ 1.] 
 
 [C.S.P. I. p. 73.] 
 
 [148.] Whitehall, 24 May : Present : — Lord Arch Bishopp 
 of Canterburie, Lord Treasurer, Lord President, Lord Pryuy 
 Seale, Earl Marshall, Lord Chamberlaine, Lord Chancellor of 
 Scotland, Earl of KeUie, Lord Conway, Mr. Treasurer, Mr. 
 Comptroller, Mr. Chancellor of the Duchie. 
 
 Vpon seuerall petitions presented to the Board by diuers Tobaocio. 
 Planters and Marryners lately come from Verginia wherein 
 they were humble Suitors, for the obtayning of leaue to vtter 
 and sell for their best proffitt and advantage such quantities 
 of Tobacco of the groath of Virginia, as they or any of them 
 had brought over with them. In the venting whereof they 
 were now hindred and restrayned, to the great damage and 
 almost vndoing of most of them as was alledged, the same 
 being their whole meanes and Ijnielyhood Their lordshipps 
 vpon full Debate and Consideration had thereof haue in fauour 
 of the petitioners for their present releif and Comfort, thought 
 fitt and hereby ordered, that they and every of them, shalbe 
 at libertie to vtter and sell, all such quantities of Tobacco, as 
 they haue brought over of the groath of the foresaid Plan- 
 tation, they first satisfying and paying for the same to the 
 Collecter or Collecters of his Majesties imposts vpon Tobacco — 
 9d. — vpon each pound for Impost, and to the ffarmors of his 
 Majesties Customes 3d. vpon the pound, for Custome, And 
 for the better encouragement of all English planters to goe' 
 on ChearfuUy in the advancing of any the Enghsh plantations 
 Their lordshipps haue lykewise thought fitt and ordered, that 
 thease Instructions following be strictly obserued and putt in 
 Execution viezt 
 
 That all Tobacco whatsoever, which shall not be of the 
 groath of the English Plantations, be vtterly prohibited to 
 bee imported into this Kingdome 
 
 That noe Tobacco be suffered to be planted within this 
 Kingdome 
 
90 ACTS OF THE PRIVY COUNCIL (C0L0NL4L). [1625. 
 
 That all Tobacco of the groath of any English Plantations 
 whatsoever be brought into this Kingdome 
 
 Lastly whereas it was now informed, by some of the 
 Planters that Spanish Tobacco was frequently vented in diuers 
 shopps, and other places vnder the name of Virginia and 
 Bermoodos Tobacco to the great preiudice of those Plan- 
 tations, and defrauding of his Majesties Proclamation pro- 
 hibiting the same. Their lordshipps for the better discovery 
 and reforming of the said abuse doe hereby Declare and Order, 
 that the discouerer shalbe well rewarded, and every such 
 Offendor seuerely punished, vpon information thereof at any 
 tyme giuen, and prooved before this Board.* [fo 53.] 
 
 [149.] Star Chamber, 31 May : 
 Bermudas. [The permission to sell their tobacco granted to the Vir- 
 ginia planters on May 24, is extended to those from the 
 " Bermoodus or Sumer Islands."] [/o. 62". ^f 1]. 
 
 [150.] Southampton, 30 August : Present— Lord Keeper, 
 Lord Treasurer, Lord Duke [Buckingham ?], Earl of Carlile, 
 Earl of Holland, Lord Conway, Mr. Treasurer, Mr. Comptroller, 
 Master of the Wards, Mr. Chancellor of the Exchequer. 
 West Indies. Whereas Thomas Warner at the Charge of Raphe Merifield, 
 haueing lately discouered towards the Continent of America 
 fower Islands vizt S'. Christophers alias Merwarshope, Meuis, 
 Barbador, and Monserate inhabited by Savage people, and 
 not in the possession or gouemment of any Christian Prince 
 or State, and haueing begune a Plantation, and Trade there. 
 Hath beene an humble Suitor to his majestie, to take the 
 said Islands into his Royall Protection and to grant Lycence 
 to the said Raph Merifeild his Partners and Agents, to traffique 
 to and from the said Islands paying the Customes Due, and 
 to transporte men, and doe all such things as tends to settle 
 a Colony and advance Trade there. And alsoe to grante to 
 the said Thomas Warner, and in Case of his Death to John 
 
 • Numerous trials for fraudulent importation of Spanish tobacco are entered ; 
 though if talien on prizes permission to sell it was usually given to the captors 
 e.g. Charles I. Vol. U., part i., fo. 105. 
 
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 91 
 
 Jeaffreson dureing pleasure the Custodie of the said Islands 
 and to gouerne and rule all persons there, and to punish the 
 disobedient, and by force to represse all such as shall seeke 
 in hostile manner to invade the said Islands. And lastly to 
 giue power to the Englishmen there resident, after the death 
 of the said Warner and Jeaffreson from tyme to tyme, to elect 
 a newe Lieutenante, who by his majesties grante mought haue 
 and Exercise, dureing his majesties pleasure, the lyke power 
 and authoritie as is lymited to the said Warner. Theire 
 llordshipps did thinke fitt, and this day order, that his majestie 
 be mooved to passe such a graunte as is desyred. Whereof 
 his majesties Atturney generall is to take notice, and to prepare 
 the same readie for his majesties Royall Signature. 
 
 [fo. 103. H 2.] 
 
 [151.] Southampton, 7 September : 
 
 Whereas a petition preferred to his Majestie by the Maior Plantation 
 and Burgesses of Portsmouth was this daye reade att the 
 Boord for renewinge of their Previledges, with Addition of 
 some other by advice of his Majesties Counsell learned att 
 iawe, with an humble request likewise to grant vnto them that 
 all Tobaccoe brought into this Kingdome might bee vnladed 
 there, and not ellswhere. And that the Companies tradinge 
 for newe England might sett fourth theire Shippinge from the 
 saide Porte only ; And that his Majestie would bee pleased 
 to grant the libertie of prizage to that Porte, which is granted 
 to the Towne of Southampton (whereof Portesmouth is a 
 member). . . It was this daye ordered that the Lord 
 Treasurer and Chancellor of the Exchequer should take the 
 saide severall requestes into theire Considerations, and Re- 
 porte their opinions thereof vnto the Boord. [/o 112. ^ 1.] 
 
 [152.] , 12 September : 
 
 [In a letter authorising a press of 500 seamen, occurs the Newfound- 
 statement that the Newfoundland fleet is instantly expected, 
 and that the men are not to be allowed] to slipp away untiU 
 the saide Mathewe Brook can come unto you for the Prestinge 
 of them. [/o. 118^] 
 
92 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
 [153.] Wilton, 12 October : 
 
 Virginia. A letter to the Mayor and Aldermen of Southampton. 
 
 [Commends the zeal with which they] set forth a ship of three or 
 foure hundreth tuns for the better supply of the Colonie of 
 Virginia, besides that Ship which Mr. Pescod is now presently 
 setting forth . . . But withall, we must require you to dispatch 
 and hasten the sending of the ship, in regarde the wants of the 
 Colonie are so great, that vnlesse his Majesties subiects there, 
 receiue tymely supply, and reliefe, it may hasarde the over- 
 throwe of the whole businesse, and make frutelesse aU the 
 charges, and labour of so many yeares. [fo. 129". *^ 2.] 
 
 [154.] Salisbury, 24th October : Present : — Lord Treasurer, 
 Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer, 
 Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord 
 Chamberlaine. 
 
 Virginia. To the gouuernor and Counsell in Virginia. The present 
 
 miserie and wants of that Collonie, for ApparreU, Armes, 
 Munition tooles and other necessaries, hau'e bene related at 
 large both to his Majestie and this Boarde ; whereupon his 
 Majestie hauing bene pleased to demande our aduise, and 
 vnderstanding the great necessitie of sending speedy rehef 
 for the support of the Plantation, out of that royall care 
 wherewith hee tendereth the good of his louing Subiects there, 
 hath commanded that the best and readiest meanes be vsed, 
 whereby they may be accordingly reheued ; To which ende 
 order is taken with his Majesties gratious approbation for the 
 remitting of the imposition vpon Tobacco, already imported 
 from thence vnto seueraU persons, who haue vndertaken to 
 cary ouer those necessaries aforesaid, the same to be solde at 
 reasonable rates, to the Planters there. And for the same 
 purpose, this Ship is now presently set forth, laden with 
 Munition, Aparrell, and other prouisions, to be solde likewise 
 vnto the said Planters there, at indifferent prises ; Atid for a 
 further reliefe, the Towne of Southampton vpon the persuasion 
 of our very good Lorde, the lord high Treasurer, seconded 
 by letters from this Boarde, hath also vndertaken to set 
 
1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 93 
 
 forth with all expedition another Ship of 80 Tuns, laden with 
 the like Commodities, so as wee conceiue that by these and 
 other meanes, the wantes of the CoUonie wilbe supplyed, vntil 
 the next Spring, at which tyme his Majestie who hath taken 
 into his Princely consideration, how much it tendeth to the 
 glorie of God, his owne honor, and the generall benefit of his 
 Kingdomes, that so good an action should be cherished, and 
 throughly aduanced, doth gratiously intend to take such 
 effectual! order, that the said CoUonie shalbe effectually sup- 
 plyed, and peopled, and the gouuernment setled and established 
 in such manner, that euery Man shall haue his particular righte 
 preserued for the enioying of landes, goodes and whatsoeuer 
 els may iustly belong vnto him, and likewise in generall the 
 Planters shall holde aU such reasonable priuileges, as they haue 
 formerly enioyed, with an addition of their immunities, that 
 shalbe founde requisite, and may lawfully be granted, them, 
 neither shall any man haue power to force any contracts vpon 
 them for their Commodities, but they shall haue free trade 
 and liberty to make the best of their owne labours, and for 
 their better aduantage, enioy the benefit of the sole impor- 
 tation of Tobacco, but with these conditions, that they shall 
 sell it alwaies at a reasonable price, and that whereas now 
 they employ their whole Industrie in excessiue planting thereof, 
 neglecting other things, they shall Ukewise vse their best 
 endevors, to bring all other Commodities of that County to 
 perfection, as Corne, Wine, Silke, Cotton, Salte, Salt-fish, 
 fflax Hempe, Indico, Woade, Madder, and the hke, wherein 
 that they may proceede with the more alacrity wee wilbe 
 humble sutors to his Majestie, that he wilbe gratiously pleased 
 to ease or fauour them in his Majesties imposition, vntiU the 
 same may be brought to full perfection. And for the pre- 
 uenting of all factions [? factious] apprehensions, and feares 
 that might discouurage them, his Majesties pleasure is that no 
 person of whom they haue heretofore iustly complained, shall 
 haue any hande in the gouuernment, either here, or there, and 
 it is his farther pleasure, that they shalbe gouuerned by the 
 same lawes as his other Subiectes are, and enioy the same 
 freedomes. Now whereas it highly concemeth both the safety 
 
94 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1625. 
 
 and benefit of the CoUonie, that the Sauuages who cannot 
 be woone by faire meanes, be subdued by force, as likewise 
 that the country be discouuered, as well within the lande as 
 all along the Sea-coste, whereby also the trade of ffurrs may 
 be vphelde, if his Majestie shall finde such diligence in the 
 Planters, that they vse their best endevors, for the perfecting 
 of so good an Action, he doth in like sorte gratiously intend to 
 send ouer Soldiers with Armes and Munition, and to take 
 order that nothing shalbe wanting whereby a full discouuerie 
 may be made, and will also be at some charge, for the 
 fortifying of the Country against a forraine Enimie. And 
 wee doubte not, but that the CoUonie shall in the meane 
 tyme be strenghtened by the coming ouer of more people, 
 who shalbe encouraged to goe thether, by which meanes 
 there may be at aU tymes store of Shipping in the 
 Riuer there, as a ready helpe for defense vpon any 
 attempte. These things wee haue thought fit to signifie 
 vnto you, and doe hereby require you, to liiake the same knoAvne 
 vnto the whole CoUonie, that euery man may be the better 
 encouraged for to proceede, in his good and diligent endevors 
 for the publique benefit. And whereas his Majestie is 
 gratiously pleased, to autorise Sir ffrancis Wyat knight to be 
 the gouuernor there, and such as are now employed for his 
 Majesties Counsell there to haue autority to continue the 
 same employment during his Majesties pleasure, his Majesties 
 further pleasure is that aU iudgements and decrees, and all 
 important Actions, be giuen, determined, and vndertaken, by 
 the aduice and voices of the greater parte. And that all be 
 done in his Majesties name, who out of his Princely care of the 
 good of that CoUonie, doth take all the Country and people 
 into his royaU protection, and gouuernment. Lastly wee require 
 you to certifie hither the tytles and Estates of aU such as 
 claime to be owners of inheritances of lands, the seuerall 
 quahties and names of those lands, and what lands were not 
 assigned by the late Corporation, and by whom the same 
 are now held and manured, to the ende that if they ly waste, 
 his Majestie may sende able persons to manure them, and 
 
1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 95 
 
 further to signifie vnto vs what Maisters of famelies are there, 
 to whom Estates of lande may be disposed of by his Maiesty, 
 and also to aduertise what nomber of Soldiers is requisite for 
 Garnisons there, and any thing els that may conduce to the 
 setling of a firme Plantation, and make for the good of that 
 Country and the honor of his Majesty. And wee farther require 
 you to forbeare the granting or appointing of anie Officers for 
 any longer tyme, then during his Maiesties pleasure. 
 
 f/o 147. H 3.] 
 
 [155.] Salisbury, 24 October: Present — Lord Treasurer, sir George 
 Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer '^'^'^ ^^' 
 Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord 
 Chamberlaine. 
 
 Whereas Sir George Yeardly knight hauing for diuerse 
 yeares beene Gouuemor of Virginia is now come over into 
 this Kingdome abut the publique seruice of that Country, 
 and therefore may haue occasion to trauaile into diuerse places 
 of this Realme about seuerall afEayres, wherein he is 
 employed, in which he may .doe good seruice vnto his Majesty 
 and the State : And forasmuch as the saide Sir George may 
 doubt that in regarde of manie seuerall accidents which might 
 happen during the tyme of his late Gouuernment in Virginia 
 aforesaide, he may be troubled by arrests vpon some pre- 
 tended debts or otherwyse hath therefore beene an humble 
 sutor to be protected by the autoritie of the Boarde for the 
 space of one whole yeare : In regarde his seruice is vsefuU 
 for the good of the state, we thinke fit to graunt this his humble 
 Sute, and doe hereby streightly charge and require all his 
 Majesties Officers and louing subiects and every of them 
 whom it may conoerne, to forbeare the lajring of anie Arrest 
 vpon him, or otherwyse to molest him during the terme afore- 
 saide, whereof they nor any of them may faile as they wiU 
 answeare the contrarie 
 
 The lyke Protection for Robert Guyer shipmaster bound 
 for Virginia. ifo 149. 1} 2.] 
 
 [156. J Reading, 14 November : Present— Lord Treasurer, 
 Lord President, Earl Marshall, Lord Chamberlaine, Earl of 
 
96 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1625-6. 
 
 Montgomerie, Earl of Carlile, Earl of Kelley, Mr. Treasurer, 
 Mr. Secretary Coke. 
 
 Virginia. An open warrant as foUoweth. Whereas we vnderstand that 
 
 ther is an English Shipp called the Virgin to be set forth from 
 Southampton, well victualled and manned, readie to put to 
 Sea, and bound for Virginea, wherof his majestic hath taken 
 knowledge, and weU approved, we vpon signification of his 
 majesties pleasure on that behahe, haue thought fitt hereby 
 to wiU and require, all Mayors SherrifEs, Justices of peace Vice 
 Admiralls, BaylifEs, Constables, Head borroughes, and all 
 other his majesties officers and loueing Subiects whom it 
 may concerne, to forbeare, to giue interruption, to theire 
 said Voyage, either by impresting any of the Mariners, or Sea- 
 men, belonging to the said Shipp, or by any other impediment 
 whatsoever. Hereof neither they, nor any of them may fayle 
 at theire perihe. [/o IfiS. last ^.] 
 
 [157.] Hampton Court, 16 December: 
 
 Virginia. Twoe warrants of the tenor of the warrant entered the 14th 
 
 of Nouember last ; The one to free the Mariners and Seamen 
 of the Shipp called the Anne (of the burthen of 160 Tonnes, 
 wherof James Carter is Master bound for Virginea) from 
 imprestinge &o The other on the behalfe of the Shipp called 
 the James, of the same burthen, (wherof Tobias ffelgate is 
 Master) bound for Virginea as aforesaid. [/o 184\ ^ 3] 
 
 [158.] Whitehall, 28 February : 
 Virginia. A letter to Sir Francis Wiatt Gouemor in Virginea. 
 
 Whereas wee are giuen to vnderstand by sundry of the Virginea 
 Aduenturers, of one Abraham Peirce, now resident in Vir- 
 ginia to whose disposeing long since they committed a great 
 Magazine of goods, but he being now gotten thether, and 
 knowing himself to be out of their reach, kepeth possession 
 of their goods, without making them satisfaction, wee are 
 therefore moued for the better encouragement of the 
 Aduenturers to write vnto you, and to will you, to cause the 
 said Peirce to send them satisfaction, according to his agree- 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 97 
 
 ment with them, by the first retourne of Shippinge to London, 
 which agreement the said Aduenturers will make appeare 
 vnto you by their letters, which if he shall delay or refuse to 
 doe, that then you cause himself to answere their demands, 
 and in his owne person to come hether in the first returne of 
 shipping, they haueing no other remedy but by this meanes 
 to gett satisfaction at his hands. [fo. 240. ^ 2.] 
 
 [159.] At the Lord Mayor's, 18 March : 
 
 An open warrant with generall directions. Whereas Sir New 
 Walter Earle, Sir Richard Strode, and divers other gentlemen °^ '^'^ ' 
 and Marchants Adventurors and Planters in new England, 
 haue made humble Suite vnto vs, for our Lycence, freely to 
 transporte, out of this kingdome, vnto the Plantation of New 
 England, the nomber of twentie Rother Cattell, by the increase ■ 
 whereof tillage might be furthered, and the Planters enabled, 
 by this meanes, in some reasonable tyme, to subsist of them- 
 selues, without transportation of VictuaUs, out of this king- 
 dome for theire sustentation, . . . the said persons are 
 to be permitted to transporte the same. [/o. 254. 1| 4. J 
 
 [160.] At the Lord Mayor's, 20 March : 
 
 [An open warrant similar to 156 in favour of a ship called] Bermudas, 
 the Victorie, of the burthen of 150 Tonne (whereof William 
 Kempthome is Master) weU victualled and readie to put to 
 Sea bound for the Somer Islands. [/o. 256. Tj 1.] 
 
 [161.] Whitehall, 15 April: 
 
 A letter to the Earle of Totnes Master of the Ordinance Virginia, 
 [directing him] to haue ten BarreUs of Gunpowder dehuered 
 to Sir George Yardley Knight to bee transported to Virginia, 
 and imployed in his Majesties seruice there. [fo. 300*.] 
 
 [162.] Whitehall, 19 April : 
 
 Instructions from the- Lords of his Majesties most Virginia. 
 honorable priuy CounceU to Sir George Yardley Knight 
 Gouemour of Virginia and to the CounceU of State there. 
 
 1 That you Sir George Yardley doe use your best 
 
98 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 endeauors to bee ready with such Shipps and Vesselles, men 
 and prouision as you haue furnished for that purpose vpon 
 the first faire winde and weather to put to Sea, and to sails 
 directly for Virginia, vnlesse you shall finde it requisite for 
 the good of the Plantation and peoples healths to touch at the 
 Somer Islandes by the way, whence after you haue refreshed 
 you shall proceed on to Virginia, And vpon your arriuall there 
 according to your Comission graunted by his most excellent 
 Majestic vnder the great Seale &c take vpon you the present 
 gouernment of that Collonie. 
 
 2 That in the first place you bee carefuU Almighty God 
 may bee duely and daily serued, both by yourselfe and all 
 the people vnder your Charge, which may draw downe a 
 blessing vpon all your endeauors. 
 
 3 That you faile not by the first Shipp to send vs a List 
 of all the seuerall Plantations, the place where they are planted, 
 the distance betweene the Plantations, the number of the 
 people in euery Plantation distinguished by their Sexes, ages, 
 professions and Conditions, and also by the place of euery 
 ones birth, and the names of their Parentes heere in England ; 
 what Armes, Munition, Boates or Shipps, Dwelhng houses 
 and other buildinges, what impaled groundes, prouisions of 
 food or store of tame Cattell are in euery of the said Plan- 
 tations. 
 
 4 That you diligently and particularly inquire by oath 
 and all other lawful! meanes what landes, goodes. Seruantes, 
 Tenantes, houses, Boates, Shipps, debtes &c were in Nouem- 
 ber ]623 belonging to the late Company how and to whome 
 they haue since beene disposed, by what order and authority 
 they haue beene so disposed, and what you shall finde remayn- 
 ing, to reserue to the pubhque use. All which you are to 
 certefie vnder your hand, and the Seale of the Collonie. 
 
 5 That all new Commers bee well entertained and lodged 
 in houses by the ould Planters, till they can house themselues, 
 that they bee not suffered to sitt downe straggling, but injoyned 
 to Hue by those already planted, or in sufficient numbers 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 99 
 
 by themselues, And if they bee vnprouided of landes fitt to 
 manure, then to bee permitted to sett downe vpon the Com- 
 panies land, vpon the Conditions expressed in the Treasurer 
 and CounseUs letter sent immediately after the massacre in 
 August 1622. 
 
 6 That aU new Commers bee exempted the first yeare 
 from going in person or contributing to the warre, saue onely 
 in defence of the place, where they shall inhabite. And that 
 onely when the enemye shall assaile it, but all others in the 
 Collonie shalbe rated to the maintenance of the warres pro- 
 portionably to their abiUities, neither shall any man bee priui- 
 ledged from going to the warrs, that is aboue 17 years oulde, 
 and vnder 60, respect being had to the quallitie of the persons, 
 that Officers bee not forced to goe as priuate Souldiers, or 
 in places inferior to their degrees, vnlesse in case of extreame 
 necessitie. 
 
 7 That the Marchant bee not constrained to take 
 Tobacco, at 3s. the pound in exchange for his wares, but that 
 it bee lawful for him to make his owne bargaine for his goodes 
 hee so changeth, notwithstanding any Proclamation there 
 pubhshed to the Contrary. 
 
 8 That you call for the Charter parties, that the Masters 
 of Shipps bring along with them, and strictly examine whither 
 they haue truely performd the Conditions of their Contractes, 
 especially to inquire whither they haue not pestred their 
 Shipps with Passengers, and whither they haue giuen suffi- 
 cient and wholesome food and drinke during the voyage, and 
 as you finde to certefie the Uords of his Majesties priuy 
 CounceU, or the Comissioners for Virginia. 
 
 9 That you bee Carefull that the good Shipp the Anne, 
 wherein you are to imbarque your seKe and the James that 
 goeth in consort with you bee not pestred with Passengers, 
 and that the Masters of the same Shipps doe giue the said 
 Passengers sufficient and wholesome food and drinke during 
 the voyage. 
 
 10 That in reguard you may daily expect the Comming 
 of a forreigne Enemye, Wee require you soone after your first 
 
100 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 landing that you publish by Proclamation through the Collonie, 
 that no person whatsoeuer vpon the arriuaU of any Shipp 
 or Shipps shall dare to goe aboard without expresse warrant 
 from you the Gouernor and CounceU least by that meanes, 
 they bee surprized to the great preiudice, if not the ouerthrowe 
 of the whole Plantation. 
 
 11 To auoyd that intoUerable abuse of ingrossing Com- 
 modities and forestalling the Markett, that you require all 
 Masters of Shipps, not to breake Bulke till their arrmall at 
 James Cittie, or otherwise without especiall order from you 
 the Gouernor and Councell. 
 
 12 That you indeauor by seuere punishment to suppresse 
 Drunkenesse, and that you bee careful! that the great quan- 
 tities of wine and strong drinke bee not sould into the handes 
 of those that are likeliest to abuse it, but that as neere as you 
 can it may bee equally disposed for the comfort and reliefe 
 of the whole Plantation, And if any Marchant or other for 
 priuate lucre shall bring in any rotten or vnholesome wines 
 or strong drinke, such as may indanger the healths of the people, 
 that you suffer it not to bee sould there, but to cause them 
 to shipp it backe againe. 
 
 13 And whereas your Tobacco falleth euery day more 
 and more to a baser price, Wee require you to use your best 
 indeauor to cause the people there to applie themselues to the 
 raising of more staple Commodities, as Ukewise to the impaling 
 of Gardens and Orchardes, and inclosing of groundes for all 
 manner of Cattell, whereby the store of the Countrey may bee 
 aduanced in aboundance. 
 
 14 That you cause the people to plant such store of Come, 
 as there maye bee a whole yeares prouision before hand in the 
 CoUonie, least in relying vpon one single Haruest by Drought, 
 blasting or otherwise they faU into such wantes and famines, 
 as formerly they haue endured. 
 
 15 And that you may the better auoyd the Treachery of 
 the Sauages, and preuent such dangers as heeretofore haue 
 fallen vpon the Countrey, Wee strictly forbidd all persons 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 101 
 
 whatsoeuer to receiue into their houses the person of any Indian 
 or to parley, conuerse or trade with them, without the speciall 
 Ucence and Warrant giuen to that purpose according to your 
 Comission inflicting seuere punishment vpon the Offendors. 
 
 16 And whereas by the last letters from Virgmia, Wee 
 are giuen to vnder stand that of those, that are now nominated 
 for Councellors there, some are dead and others are comming 
 home Wee doe authorize you the Gouernor to make choyce 
 of such as you in your Judgment shall thinke most fitt to 
 supply their places, and to administer to them an oath, as 
 you are directed by your Comission, that so in these dangerous 
 times there may not bee wanting a sufficient number to 
 gouerne in the affaires of that CoUonie, as also to minister 
 the Oaths of Allegiance and Supremacye to all such, as come 
 thither with an intention to plant and reside there, which if 
 any shall refuse hee is to bee returned and Shipped from thence 
 home, the same oaths to bee administred to all other persons, 
 when you shall see it fitt, as Marriners, Marchantes &c to 
 preuent any danger by Espyes. 
 
 17 And to conclude that in aU thinges according to your 
 best vnderstanding you indeauor the extirpating of Vice, and 
 th' encouragement of vertue and goodnes. 
 
 Signed by the Lord Keeper, Lord Treasurer, Lord Priuy 
 Scale, Lord Chamberlaine, Earl of Mongomery, Earl of Kellye, 
 Lord Conway, Mr. Treasurer, Mr. Comptroller, Mr. Vice- 
 Chamberlaine, Mr. Secretary Coke, Mr. Chancellor of the 
 Dutchye. [//• 303-304.] 
 
 [C.S.P. I. vp- 79-80.] 
 
 [163.] Whitehall, 19 April: 
 
 [A letter to Captain Henry Woodhouse, Governor of the Bermudas. 
 Bermudas, requiring him to assist Sir George Yeardley 
 with plants and other necessaries, fit for the use of Virginia.] 
 
 \jo. 304^ \ 1.] 
 
 [164.] Star Chamber, 3 May : 
 
 [A petition is presented by Ralph Merifieid, gentleman. 
 
102 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 remonstrating that a Dunkirker prize taken on the way to 
 the Downs by virtue of Letters of Marque by Captain 
 Warner, the commander of his expedition to the new planta- 
 tion in the Caribbee Islands (2 small ships), had been taken 
 from him by Vice-Admiral Sir Henry Palmer, who required 
 him to clear the prize in the Court of the Admiralty. As 
 one of his own vessels is leaky and they are somewhat over- 
 charged with men and provision, he seeks redelivery of the 
 prize that He may use it to transport some of the men and 
 supphes. To prevent a long delay, and considering that 
 Merifield and Warner have already given bonds of great value 
 to the Admiralty, the petition is granted on further security 
 being given.] [/o. 322 ]f 1.] 
 
 [165.] Whitehall, 7 July : Present — Lord Treasurer, Lord 
 President, Earl of Bridgwater, Earl of Totnes, Lord Conway, 
 Mr. Secretary Coke. 
 
 Virginia. A letter to the Gouernour of Virginea. Wheras we haue beene 
 
 given to vnderstand, that ther is a greate abuse practized, by 
 those of that Plantation in transporting and venting (much 
 more frequently then heretofore) theire Tobacco into the 
 Lowe Countries, and elswher, wheras the same ought wholy 
 to be brought into this Kingdome, which practize appeares 
 to be verifyed, aswell by the diminition of his majesties 
 profitt, arriseing vpon Virginea Tobacco as lykewise by Infor- 
 mation otherwise from verie good hands, both out of the 
 Lowe Countries and other parts on that side : which being 
 lykewise comne to his majesties knowledg he is much offended 
 therat, and that with noe small Reflection of his displeasure 
 vpon those vnto whom the oversight and charge, of that 
 Gouernment hath beene comitted (as conceeveing it to be much 
 in theire power by theire Care and authoritie to prevent the 
 same). And hath therfore required vs in his name, hereby 
 straitly to charge and Comaund you, that aswell by punishing 
 such, as shalbe found to haue alreadie offended, or who shall 
 hereafter offend in that Kind, as lykewise by such other 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 103 
 
 effectual! Course, as may be thought on or devised the lyke 
 abuse may be by you prevented for the tyme to come. Hereof 
 his majestie and this Board, expect a Reall and dutiful! 
 Account from you. [fo. 383*.] 
 
 [166.] Whitehall, 10 July: 
 
 A warrant similar to 156 exemptmg from impressment Virginia. 
 &c. An English shipp under the Comand of Captaine 
 John Prein, called the Peeter and John of Ijondon of the 
 Burthen of 220 tonne well victualled and manned ready to 
 putt to Sea, and bound for Virginia which appeareth by oath 
 in the Admiralty Court . . . for the better encourag- 
 ment of the Planters in that worke of Plantation. 
 
 [fo. 389. Tl 2.] 
 
 CHARLES II. VOLUME II. (Part 1.) 
 (18 July 1626-1 Jan. 1627.) 
 
 [167.] WhitehaU, 21 July : 
 
 A letter to the Gouemour and Councell of Virginea. Virginia. 
 fEorasmuch as we are informed by a Petition exhibited vnto 
 the Board by one Thomas Powell Brother and Administrator 
 of the Estate of Capt. Nathaniell Powell deceased in Virginea, 
 that the Company did heretofore in oomiseration of the great 
 povertie of the Petitioner his brother and sisters, giue order 
 vnto the Gouemour and Councell in Virginea, to cause 
 inquirie to be made, what goods or debts the said Capt. 
 Nathaniell Powell dyed seized of, and to cause the proceede 
 thereof, to be duely retourned, to the vse of the poore men. 
 And wheras the said Councell, haue certifyed by theire letters, 
 to the late Company, that one William Powell, being onely 
 of name but noe way of Kine, to the said Capt. Powell, tooke 
 out letters of Administration in Virginea, and became bound 
 with good Suirties to be answerable to the right Heires of the 
 said Capt. Nathaniell Powell, for the said Estate. By Virtue 
 
104 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 of which letters of Administration the said William Powell 
 made seizure of one Capt. John Hudlestones goods, then in 
 Virginea, for satisfaction of a debte of 2i0l. appeareing to 
 be due and not paid partly by Bond, and partly by Comodities 
 that was to be retourned that yeare, to the vse of the said 
 Capt. NathanieU Powell, whervpon Captaine Hudlestone 
 was constrayned, vpon Composition to deliver soe much 
 goods, as amounted to 1081. 15s. lOd. : towards the discharge 
 of the said Somme of 240Z. And wheras alsoe the said 
 William PoweU is since Deade, and the said Capt. Nathaniel] 
 Powells Estate is comne nowe, to the possession, of Mr. 
 Blanye that married the wife of the said William Powell, and 
 who was alsoe one of the Suireties for secureinge the Estate 
 aforesaid. And forasmuch as the said Thomas Powell, being 
 the elder brother of the said Capt. Nathaniell Powell, and 
 haueing taken out letters of Administration, out of the Pre- 
 rogatiue Courte here in London, and became bound to bring 
 in a true Inventorie, and to deale vprightly, with the rest of 
 his poore Brothers and Sisters, in allowing them theire iust 
 Shares. Wee takeing the same into our considerations Haue 
 thought good hereby, to will and require you, to take effectual! 
 order, that right and Justice may be donne to the Petitioner 
 his Brothers and Sisters, theire Assigne or Assignes for and 
 in theire behalf e. And what you shaU fynd due to the said 
 Thomas Powell his Brothers and Sisters, you cause it to be 
 sent with all convenient Expedition, in good Tobacco, to the 
 vse aforesaid, according to such directions and Instructions, 
 as shalbe given by the the said Tho. Powell, to the said 
 Assigney or Assigneys. [/o. 5. Tf 3.] 
 
 [168.] Whitehall, 22 July: 
 Virginia. An humble petition was this day presented to the Board 
 
 in the name of Samuell sharpe gentleman, and 12 persons latelie 
 arrived out of Virginia, at the Port of the Cowes in the Isle 
 of Wight, in a shippe called the Temperance, in which Port 
 they left the saide shippe, wherein they complaine, that by 
 reason of some differences, growne betweene Marmaduke 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 105 
 
 Raynor Master and Captaine William Sacar owner of the said 
 shippe : theire seuerall goodes and proportions of Tobacco 
 aboard the saide shippe are detayned from them, by the saide 
 Sacar to theire great damage in particular, and the preiudice 
 of the Plantation, for that there being now, two shipps ready 
 to goe for Virginia, the petitioners intended to haue sent 
 thether some suppUes by them, wherein they are now disabled 
 and hindred by hauing theire Tobacco detayned from them, 
 as aforesaid, And therfore humbly besought the Board to giue 
 order, that theire seuerall goodes remayning aboard, might 
 vppon the demand of any of them be deliuered into the handes 
 of his Majesties Customers or other principall officer of the said 
 Porte, or of any other Porte whether the said shippe may happen 
 to be brought, vntiU they had paid both Custome and ffreight 
 due for each of them. And that therevppon theire goodes might 
 be deliuered them by the saide Customer or other officer 
 [Their Lordships, considering the petitioners' desire to be just 
 and reasonable, gave orders accordingly.] [/o. IS*". Tj 4.] 
 
 [169.] WhitehaU, 24 July : 
 
 Whereas Marmaduke Rayner Master of the shippe called Virginia, 
 the Temperance, latelie arriued from Virginia, in the Port 
 or harbor of the Cowes in the Isle of Wight, hath by Petition 
 humbly complained to the Bord that Captaine WiUiam Sacar, 
 owner of the saide shippe, and not hauing bin the saide voyage, 
 had some fewe dayes since violenthe thrust the petitioner out 
 of the said shippe and possesed himseKe, asweU of all the 
 goodes and proportions of Tobacco belonging to about 13 
 persons, who came as passengers from Virginia in the saide 
 ship, and of other goodes consigned to diuers persons here 
 in london, as also of letters to this board, from the Gouernor 
 and CounceU of Virginia with diuers other letters to priuate 
 men, from the aduenturers there, and that he had hkewise 
 gotten into his handes to the petitioners great preiudice his 
 bookes of Accompt ; all which goodes letters and Accomptes 
 as aforesaid, he had detayned from the petitioner, and those 
 to whome of right they belonged, to theire great dammage 
 
106 ACTS OF THE PETVY COUNCIL (COLONIAL). [1626. 
 
 and hinderance. And therefore humbly sought for reliefe, 
 asweU on the behalfe of the said Passengers and others owners 
 of the saide goodes as of him selfe and Ukewise on the behalfe 
 of the Marriners, who as he aUeadged were in great danger to 
 loose theire wages (which they had dearly earned) in case the 
 fEreight monyes, (out of which the marriners were to be paid) 
 should come to the handes of the saide Captaine Sacar ; 
 [The Board conceives that the complaint of the passen- 
 gers has been settled by the order of 22 July.] But as 
 for the ffreight monyes thereby ordered to be receaued by 
 the Customers or principall ofi&cers as aforesaide, theire lord- 
 shipps now thinke fitt and order, that it should remayne in 
 the saide Customers or Officers handes for satisfaction of the 
 Marriners, vnles they shalbe otherwayes satisfied, or the bord 
 giue further order therein, as for the goodes belonging to the 
 saide Rayner and those consigned to other persons here in 
 London, and for his the saide Rayners bookes of Accompt and 
 the not suffring him to come aborde to dehuer out euerie man 
 his goodes, wherewith he is best acquainted, as also for the 
 letters to this board, or to any priuate persons, from the 
 Aduenturers in Virginia, theire lordshipps thinke fitt and order, 
 that in all those particulars the sayde Captaine Sacar should 
 forthwith conforme himselfe, according to the desire of the 
 petition, or otherwise attend the borde, and shewe good cause 
 to the contrary, hereof the said Captaine Sacar or any other 
 person, whome it may concerne, are to take knowledge, and 
 accordingly to performe the same, as they wiU answer the 
 contrary at theire perilles. [fo 16. 
 
 [170] WhitehaU, 31 July: 
 
 Virginia. L^" *^6 matter of the ship Temperance, lately arrived from 
 
 Virginia], fforasmuch as the said Capt. Saker did by petition 
 this dale represent to the Board the indirect and iniurious 
 Carriage and proceedings of the said Reynor in this Voyage 
 first for that he being only a Hyred Master of the said Shipp 
 by the petitioner who was Ownor of the same, and who intended 
 himself to haue gone the said voyage, watched his oportunitie 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 107 
 
 when he the said Ownor was gone ashore, and sett saile for 
 Virginia leaving him behynd And for that afterwardes 
 hee had sent ouer goodes in his owne name, and to his owne vse 
 making the whole voyage meerly for his owne benefitt and 
 not for the petitioners with other vniust deaUnges mentioned 
 more att large in the said petition, and therefore humbly 
 besought the Board that the buisines might be left to a legall 
 proceeding. There lordshipps taking the same into their Con- 
 siderations, and being satisfied with the Cause shewed by the 
 petitioner being such as afforesaid. Did thinke fitt and order, 
 that both parties be left for their remedie, to the ordinary 
 Course of Justice Notwithstanding the said former order of 
 this Board grounded vpon the petition of the said Reynor. 
 
 [/o. 33.] 
 
 [171. J Whitehall, 14 August : 
 
 Whereas Sir Francis Wyatt Knight newly returned from the Virginia, 
 gouemment of Virginia did this day present an humble petition 
 to the Board desiring that the Impost of his Tobacco lately 
 brought home by him, not exceeding ten thousand waight might 
 bee remitted vnto him. Their Lordshipps taking notice that the 
 said Sir fErancis did with good satisfaction and commendation 
 exercise the said gouernment for diuers yeares, vnder the Com- 
 panie of Virginia, and since the dissolution of the said Com- 
 pany hath for diuers yeares performed very acceptable seruice 
 there in the same Charge by Comission without any allowance 
 from his Majestic vpon his owne Charge, doe thinke hee hath 
 weU deserued the suite now by him moued and a much 
 better. And doe therefore praie and require the Lord Treasurer 
 of England to giue order that the Impost of his said Tobacco 
 may bee discharged in recompence of his said sendee. 
 
 [fo. 5V' . II 1.] 
 
 [172.] Whitehall, 17 August: 
 
 ffower letters to fower Justices of Peace in the fower Tobacco. 
 Counties abouvewritten Lincolne, Nottingham, Glocester and 
 Essex. Whereas . . Michael Bland of Batterby in the 
 County of Lincolne . . . hath planted a great quantitye of 
 
108 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 English Tobacco neere about the same place which by the 
 great proportion thereof appeareth, not to bee intended for 
 medicine but to bee taken in the pipe or otherwise as forraine 
 Tobacco, [he is therefore to give two good sureties not to 
 dispose of it otherwise than as the Board or the Court of Star 
 Chamber shall direct. If he refuses, the tobacco is to be 
 seized]. [/o. 58. last If.] 
 
 [173.] Whitehall, 23 August: 
 Sir F. [In a consideration of certain grievances of the Commons, 
 
 Gorges. occurs] : 10""'' the Complaint against Sir fferdinando Gorges 
 
 pattent is referred to the Commissioners for Trade. 
 
 [/o. 67\ ^ 1.] 
 [174.] Whitehall, 24 August: 
 Virginia. A letter to the Earle of Totnes Master of his Majesties 
 
 Ordinance Whereas his Majestie in whose Protection the Plant- 
 ation of Virginia wholly at this time remayneth hath 
 signified his pleasure vnto vs for the sending of ten BarreUes 
 of Gunpowder out of his Majesties Stores to that plantation 
 for defence thereof, as well against the Indians of the same 
 place, as against any forraine Enemies Wee haue thought 
 good heereby to praie and require your Lordshipp to cause the 
 BarreUes oi Gunpowder to bee dehuered for the use aforesaid 
 to bee sent by the Shipps called the Peter and John now readye 
 bound thither, for which this shalbe your Lordshipps sufficient 
 Warrant. [/o. 69\ last %] 
 
 [175.] Whitehall, 31 August: Present— Lord Keeper, 
 Lord President, Earl of Bridgwater, Earl of Kelley, Master 
 of the Wards, Master of the Roles, Mr. Chancellor of the 
 Duchy. 
 
 Virginia. A letter to the Gouernor and CounceU of Virginea. Wheras 
 
 we are informed that aboute eight yeares since one John 
 Pountis of London Marchant was sent into Virginea, by divers 
 Aduenturers for the good of that Plantation vpon a Proiect 
 of Sturgeon fisheing, which cost the said Adventurer at the 
 least seaventeene hundered pounds, and that the said John 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 109 
 
 Pountis, after he had remayned there fiue yeares being one of 
 
 the Councell of State, for that Plantation, was by the then 
 
 Gouemor and Councell there, sent into England, to his then 
 
 majestie and the llords of the Councell, as an Agent for the 
 
 generall good of the whole Plantation, with promis of twoe 
 
 hundered pounds, and other Rewards and allowances, for the 
 
 defraying of his Charge, and satisfaction for his paines, which 
 
 the said Pountis vndertooke but in his said Jorney at his 
 
 landing in England Dyed. [The Governor is therefore 
 
 ordered to assemble his Council], and to take such Course, as 
 
 shalbe fitting for the Examination of witnesses and searching 
 
 out of the particulars of the Estate of the said John Pountis, 
 
 which being by your Care found out then to be aydeing and 
 
 assisting vnto Richard Lother, or Capt. Tho. Prime or to any 
 
 other, whom the said Sir Tho. Merry shall make his lawfuU Attur- 
 
 ney in that behalf e, for the speedie recovering and gathering into 
 
 his hands of everie the particulars of the said Estate, that the 
 
 Retoume therof may without farther delay be made at the 
 
 Retoume of Capt. Tho. Prim. And if you shall fynd, any 
 
 neglect oposition or hindrance of this Course then we require 
 
 you by all lawfuU meanes, either to remoove or redresse the 
 
 same or els fco signifie vnto vs, the names of the opposers, and 
 
 further to send over vnto vs, or to the said Sir Tho. Merry 
 
 Knight true Coppies of the Examinations and depositions of 
 
 all such witnesses as shalbe produced, for the searching out 
 
 and discouering of any of the Estate of the said John Pountis 
 
 either in Virginea or in England or els where, [/o. 82. last \'] 
 
 [176.] Whitehall, 3 September : 
 
 A warrant directed to Henry Somerscales, gentleman of Tobacco. 
 the County of Nottingham or to his Deputie. These 
 are to will and comande you to make your presente 
 and undelayed repaire unto the house or houses of all such 
 persons within the Countyes of Buckingham Lincolne and 
 Yorke, or any other County Cittie or Towne within the Realme 
 of England onely the Citties of London and Westminster 
 or the Suburbs thereof excepted as you shall either knowe. 
 
no ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 
 
 or be probably informed, to receive, conceale, kepe, now sell, 
 or have in their custodie anie Tobacco of the English growth 
 or making, or anie Spanish or foreigne growth or maldng, 
 or anie Spanish or foreigne Tobacco, except onely such as is 
 of the growth of the English Plantations in foreigne parts 
 [All such tobacco is to be seized and a bond of £100 
 apiece to be taken of its possessors to appear before the 
 Board to answer for their high contempt]. [fo. ST*"- ^ 1]. 
 
 [177.] Whitehall, 11 September: 
 
 Virginia. A Commission to John Preen, Captaine of the Peter and 
 
 John Whereas the said John Preene is to deliver letters of 
 importance from this Boarde to Sir George Yardley knight 
 the present Governor of Virginia and in the aforesaid Ship to 
 transport ten barrels of powder of his Majestys guift for the 
 defence of that plantation, and to command and governe the 
 said Ship and Mariners, and also all the passengers shipped for 
 the said voyage untill their Landing in Virginia to the number 
 of one hundreth persons or thereabouts, [he is to put to sea 
 with the first favouring wind, to sail direct to his destination, 
 to land his letters, provisions, and passengers, and to suppress 
 all disorders and mutinies both going and coming.] \fo. 95\ ^1.] 
 
 [178.] WhitehaU, 13 Sept : 
 
 Virginia. [A letter to Sir George Yeardley and his Council, requiring 
 
 them to give all due assistance to George Lisle], touching 
 a stock of Cattle which he pretendeth to be left him in 
 Virginia by the decease of an Uncle of his in that Countrie. 
 
 [fo. 98^ ]| 2.] 
 
 [179.] Whitehall, 15 September: 
 
 Virginia. [Captain John Preen, bound for Virginia, is to be allowed 
 
 to purchase for ready money fifteen barrels of powder 
 out of his Majesty's stores], because there is so great a 
 scarcitie of powder at this tyme that it cannot be had in anie 
 other place for money. [/o. 102''. ^ 1.] 
 
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). Ill 
 
 [180.] Whitehall, 2 November: 
 
 AVhereas Complainte hath bin made to the Board on the Newfound - 
 behaKe of Bernard Tartas, and Megelot de Pontneuf, Marriners ^^ ' 
 belonging to the two shipps called the St. Leo, and the St. 
 Peter of Bayon in ffrance. Shewing that the said shippes being 
 laden with ffishe and Trayne oyle, brought from Newfoundland^ 
 were taken by an English shippe belonging to Sir Edward 
 Seymor Barronet (wherof Captaine Hart was Comander) and 
 brought into Dartmouth, And that a Sentence had bin since 
 obtayned in the Court of Admiraltie, in the absence of the 
 Owners of the saide shippe, or any other persons interessed 
 on theire behalf es. Whereby the saide shippe and goodes 
 haue bin adiudged lawfuU prize, and likewise a Comission 
 issued out of that Courte, to make sale of the same, [stay 
 of the said sentence and commission is ordered] vntiQ the 
 Complaintes allegations and proof es mav be heard before the 
 Court of Admiralty. [fo. 151". Ij l.] 
 
 On 8 November the pretended owners of the French ships 
 appear, but as they produce nothing material, the seizure is 
 confirmed. [fo. 154. ^ 3.] 
 
 [181.] Whitehall, 10 November : Present : — Lord Keeper, 
 Lord Treasurer, Lord President, Ijord Priuie Seale, Lord 
 Steward, Earl of Carhel, Lord of Bridgwater, Lord Chancellor 
 of Scotland, Earle of Kelhe, Lord Conway, Lord Viscount 
 Grandison, Mr. Treasurer, Mr. Secretary Coke, Master of the 
 Wards, Master of the RoUes, Mr. Chancellor of the Duchie. 
 
 [A dispute having arisen between the inhabitants of Great Newfound- 
 Yarmouth and the London merchants regarding the sale and ^^few 
 transport of herrings, the Board ordered that while herrings England, 
 could be bought by Enghshmen and foreigners alike, they 
 should be transported in EngUsh bottoms only.] And wheras 
 it was further represented to the Board, by the ffermors of 
 his majesties Customes, the Masters of the Trinitie house, 
 and divers principaU Marchants (then present) with many 
 important and weightie reasons, and allegations by them made. 
 That for the mayntenance of Shipping and Navigation, and 
 
112 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626-7. 
 
 the better supporte of the Marchants, of this kingdome. It 
 were necessarie that the lyke Restrainte, and Inhibition of 
 transporting of Hearrings, or anj other ffish in Strangers 
 bottomes, should be extended aswell to all the Ports, and 
 places of fishing within this Kingdome, and the Realme of 
 Ireland, as lykewise to the fi&shings by any his majesties 
 Subiects, in Newfoundland and New England. Theire Uord- 
 shipps haueing maturely dehberated thervpon, and knowing 
 well that the preservation of Shipping and Nauigation, and 
 the supporting and incourragement of Marchants by the 
 excluding of Strangers from Shipping, and transporting our 
 Commodities in theire Bottomes, is verie considerable, in 
 reason of State, and is agreeable to seuerall Lawes and Statutes 
 of this Realme, in that Case provided. Haue thought fitt and 
 ordered. That noe Hearrings or any other fish whatsoever, 
 taken by any his majesties Subiects. vpon any the 
 Coasts or places of fishing, belonging to this Kingdome 
 or within the aforesaid fishings, of Newfoundland or 
 New England, shalbe from henceforth Shipt, or trans- 
 ported in any Strangers Bottomes, but in English Bottomes 
 onely. [The farmers and ofiicers of the Customs and all 
 other his Majesty's subjects are ordered to conform themselves 
 accordingly.] And for the more speedie, and effectuall putting 
 in Execution of this Order. The Lord Treasurer is hereby 
 prayed and required forthwith to direct his letters to all the 
 seuerall Ports within this Kingdome on that behalfe. 
 
 [fo. 160.] 
 
 CHARLES I. VOLUME II. Pakt 2. (1 Jan.-l June 1627.) 
 
 [182.] Whitehall, 19 January : 
 
 Newfound [A petition of Francis Morel merchant of Rouen, and 
 
 AUin Lyot mariner. The said AUin Lyot, being master 
 of a ship called the Mouton of New Haven, coming from New- 
 foundland, was by stress of weather forced to take refuge in 
 Plymouth harbour, where his ship was seized. As his cargo 
 of fish is rapidly deteriorating, he sues that it may be 
 
 land. 
 
1627.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 113 
 
 appraised and released, offering to give security. His petition 
 is granted, Philip Burlemachi, merchant, being named as 
 security]. [fo. 233. ^ 1.] 
 
 [183.] Whitehall, 9 February : 
 
 An open warrant directed to WUliam Bedo, to repaire into Tobacco. 
 
 the County of Glocester. to seize upon all English and Spanish 
 
 Tobacco and to bind over the parties so offending, in a bond 
 
 of 100?. to answere their defaults, before their Uordships. 
 
 [fo. 255"- ^ 4.] 
 [184.] Whitehall, 27 March : 
 
 Memorandum that the 24th of March 1626 It was agreed Cochineal 
 
 1 • 1 • r-i • I- I- n- ^ ^^ IndigO 
 
 betwixt his majesties Comissioners for sale of ffrench goods 
 . . . . and PhiHipp Burlemachi of London Marchante, 
 that the some of seaven thousand pounds shalbe assigned 
 vnto him, out of the proceede of the goods which 
 were brought to London from Portsmouth, and that 
 for the Remaynder of such somes of money which the said 
 Commissioners shalbe ordered, by the llords of his majesties 
 Privie Councell, to pay vnto him the said Phillipp Burle- 
 machi, vpon the arrivall of the goods taken out of the Shipp 
 called the Loue at Plymouth and other ffrench Shipps at 
 Portsmouth, and other Ports, the seuerall parcells of Cochinell 
 and Indicoe hereafter mentioned, shalbe dehuered vnto him 
 at the rates and prizes hereafter expressed vizt. 
 
 Twoe thousand pound weight of CochineU mesteca at thirtie 
 three shillings and fower pence per pound. 
 
 Twoe thousand pound weight of CochineU Tescala at thirtie 
 shilhngs per pound. 
 
 Twoe thousand pound weight of Cochinell Campeiana at 
 six shillings per pound. 
 
 Twoe thousand pound weight of Cochinell Siluester fine 
 shillings per pound. 
 
 ffower thousand pound weight of Indico Honduroes at 
 fiue shillings and fower pence per pound. 
 
 Twoe thousand pound weight of Indico Guatumalo at six 
 shilhngs per pound. [/o. 319.] 
 
114 ACTS OF THE PRTVY COUNCIL (COLONIAL). [1627. 
 
 [185.] Whitehall, 5 April: 
 West Indies. ^ letter to the Lord Admirall. Wheras a Petition was 
 this day presented to the Board, by Capt. John Powell. Shew- 
 ing that the Petitioner beinge Captaine and owner of a small 
 Shipp, called the Peeter, being bound for the West Indies, 
 with a letter of Marque, readie manned to put to Sea, was by 
 Commaund from your Grace (vpon Restrainte by order of this 
 Board) stayed from his intended voyage, to the Petitioners 
 greate charge and hindrance not onely in the losse of 
 tyme, but in consumeing his provision and Victuall: 
 your Grace [is] to giue present order and leaue to the 
 said Capt. Powell to proceede on his intended Voyage, 
 Notwithstanding any former order or Restrainte. 
 
 [fo. 345. TI 1.] 
 
 [186.] , 6 April : 
 
 West Indies. The Hke letter of one dated the 5t of this present to the 
 Lord Admirall for release of a Shipp called the St. George and 
 a Pinnace called the Guifte of God being bound for the West 
 Indies with letters of Marque. [fo. 345*. ^ 2.] 
 
 CHARLES I. VOLUME 3. (1 June 1627-28 Feb. 1628.) 
 [187.] Whitehall, 8 June: 
 West Indies. An humble petition haueing ben presented to the King 
 by Sir John Wentworth knight and Baronett. Shewing that 
 he had heretofore wiUingly aduentured his hfe in the service 
 of his Majesties Royall Progenitors and therein gained some 
 approbation, soe now his desire was to continew the like to 
 his Majestie and in that regard he humbly sued that for the 
 better explanation of his zeale and dutie to his Majestie he 
 would be gratiously pleased to graunt vnto him for one yeare 
 the loane of 2 prize Shipps called the Nostre Dame of Haure 
 de Grace of the burthen of 160 tonus, and the St. Peter afly 
 boate of 60 tonus, or thereabouts, when they shall be vn- 
 laden ; furnished with all their Anchors Cables, Sayles, Tack- 
 lings, Apparrell, ffurniture, Ordnance Amunition, and Equi- 
 
1627]. ACTS OF THE PRIVY COUNCIL (COLONIAL). 115 
 
 page whatsoeuer, therevnto belonging, with supplie of such 
 Ordinance powder, shott and amunition as is wanting, and 
 rpon Survay to be made by his Majesties Officers shall be 
 found requisite and necessary ; which Shipps the said Peti- 
 tioner will vndertake to victuall, and man at his owne Charges, 
 intending a voyage to the West Indies, to trade with the 
 Indians and his Majesties Subjects there Inhabiting ; And 
 with letters of Marque outwards, and homewards bound, to 
 adventure his Hfe against his Majesties enemy es ; And for the 
 safe Retume of the said Shipps, with their prouisions and 
 other appurtenances whatsoeeuer abouementioned, after the 
 tyme shall be expired (the hazard at Sea, and fights excepted) 
 to putt in good security to performe the same, as in like cases 
 is vsuall. [His Majesty and the Board granted the ships 
 on the conditions named.] [fo. 11.*] 
 
 [188.] WhitehaU, 10 July: 
 
 [An open warrant to William King, authorisiag him to Tobacco, 
 root up and destroy all English-grown tobacco in the Counties 
 of Worcester, Gloucester, and Wilts. All Justices of the 
 Peace are required to assist him. 17 places in Worcestershire, 
 40 in Gloucestershire, and Wotton Basset in Wiltshire are 
 named as especially guilty.] [fo. 54. ]I 5.] 
 
 [189.] WhitehaU, 13 July : Present :— Lord Keeper, Lord 
 Treasurer, Lord President, Earl of Bridgwater, Earl of Kellie, 
 Mr. Secretary Coke, Mr. Chancellor of the Exchequer, Mr. 
 Chancellor of the Duchy. 
 
 Whereas the Board was made acquainted by the Lord Virginia. 
 Treasurer and by late letters from the Gouemor of Virginea, 
 it was informed that some English Marchants, respecting 
 meerely theire owne profitt, without any regard at aU, to the 
 good of that Plantation, had of late transported thither, greate 
 quantities of sacke, which sorted much to the preiudice and 
 impoverishing of the said Plantation, aswell in being an 
 occasion of Drunkennes and Idlenes, amongst the people as 
 
 * This entry is repeated on fo. 19& with some verbal additions. 
 
116 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 
 
 lykewise in draweing from them theire gaines, and fruites of 
 theire Labours, to the inriching onely of the said Marchanfcs 
 and the impouerishing of themselues. Theire llordshipps 
 vpon consideration had therof, did thinke fitt and order, well 
 weighing the inconvenience and mischeefe, that mought ensue 
 therby to that Plantation, if some remeadie were not pro- 
 vided, did thinke fitt and order, that the proportion onely 
 of ten pipes of Sack per annum, should be suffered to be 
 transported thether. And the same to be by Planters onely, 
 and not by Marchants. And that to this end, the Lord 
 Treasurer be hereby prayed and required, to take effectuall 
 order, with the officers of the Customes here, and all other 
 officers of the out Ports, to whom it appertaines, to cause 
 this order to be duely put in Execution. [/o. 57\ ^ 2.] 
 
 [190.] Whitehall, 25 July : Present : — Lord Keeper, Lord 
 President, Earl of Dorsett, Earl of Bridgwater, Master of the 
 Wards, Mr. Secretary Coke, Mr. Chancellor of the Exchequer, 
 Master of the Roles, Mr. Chancellor of the Duchy. 
 
 Virginia; A letter to the Gouemoiir and Councell of Virginea. 
 
 Wheras George Sandis Esqr. hath humbly petitioned the Board. 
 Shewing that he hauoing beene elected by the late Com- 
 pany of Virginea to be theire Treasurer ther, for three yeares. 
 It was by them at a generall quarter Courte the 9th of June 
 1624 : ordered, that he should haue the remainder of the 
 Tearmes of those Tenants and Youthes, then in his service, 
 in parte of satisfaction of a greater nomber, due to him by 
 Contract, with the said Company vnder theire Common Scale, 
 but that notwithstanding the said order, the Gouernour and 
 Councell there, since the Petitioners Retourne from thence, 
 haue by late order enioyned his ffactor there, to giue securitie 
 for the profitts recemed of those mens labours, in former yeares, 
 and lykewise that theire persons should be taken, from the 
 Service of the Petitioner and ymployed de futuro, for the 
 beriefitt of the said Councell, wherin he humbly besought 
 to be releeued. Shewing further that he haueing in the years 
 1624 : by virtue of his said office of Treasurer there, ymployed 
 
1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 117 
 
 his Servante Thomas Swifte, to receiue the Companies Rents 
 in Tobacco with Charge that he should accept of none, but 
 what was good and marchantable, that one Capt. Whitakers 
 ouerseer ther for the said Company, paid in such, as however 
 it were fayre and good to the Eye, and could not be dis- 
 couered at first, yet as appeared afterwarde, was soe corrupted 
 by haueing Salte water throwne vpon it, as that it made the 
 whole parcell become vnmarchantable, and that the same 
 remayneth still in theire Storehouse, and was never medled 
 with since by the Petitioner but that the said Councell (how- 
 euer this appeare to be his Case) doe threaten, to make him 
 and his Estate there, accomptable for the same and therfore 
 humbly besought the Board to be lykewise releeved herein. 
 The further Examination of all which, being referred to his 
 majesties Atturney generall, and others Comittees appoynted 
 by the Board, fforasmuch as we haue found by Certifficate 
 from them, that the Petitioners Allegations appeare to be 
 true, aswell out of the aforesaid orders, mentioned in the said 
 Petition, as lykewise by seuerall depositions shewed vnto them, 
 taken before divers of the Councell resident there. We haue 
 thought good hereby, to wiU and require you, the Gouernour 
 and Councell there, to restore and Continewe vnto the Peti- 
 tioner, the quiett possession of all such Tenants and Servants, 
 togeither with the profitt of theire labours past and to come, 
 as were by the aforesaid order, of the 9th of June 1624: con- 
 firmed vnto him by the late Company. And concerning the 
 said Companies Rents received in Tobacco in the yeare 1624 
 by the Petitioners Servant as aforesaid. We thinke fitt and 
 doe hereby further require you, that in Case any proceedings 
 on that behalfe, be there had against the Petitioner dureing 
 his absence, that noe fynall Judgment be passed thervpon, 
 tiU the said proceedings be first transmitted hither, and that 
 this Board giue further order therin. [/o. 72''. ^ 1.] 
 
 [191.] WhitehaU, 25 July: 
 
 [A letter to the Governor and Council of Virginia, recapitu- Virginia, 
 lating the resolution of 13 July regarding the importation of 
 Sack, and further requiring them] not to suffer any Sacke 
 
118 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 
 
 atall brought in by Strangers, or in Strangers Bottomes, to 
 be either landed or vented there. [/o. 73. If 2.] 
 
 [192.] Whitehall, 27 July : Present — Lord President, 
 Earl of Dorsett, Mr. Chancellor of the Duchy. 
 Virginia. A letter to Sir George Yardley Knight Gouernor of the Enghsh 
 
 Collony in Virginea. Wheras the late Earle of Southampton, 
 then Gouernour of the Company of Virginea, assisted with 
 divers noblemen and other persons of quallitie, did for the 
 advancement of that Plantation, send over at theire greats 
 Charge, divers Shippwrights, Boatewrights, with store of neces- 
 sarie provisions and materialls, for the building and setting 
 vp of Shipps Pinnaces and lesser Boates, for the service and 
 advancement of that Collony which worke amongst sunderie 
 other of greate importance was vtterly distroyed by the Mas- 
 sacre which happened soone after. Now forasmuch as we 
 are giuen to vnderstand, that by the Care and dilligence of 
 Mr. George Sandis, then Treasurer for the Company in Virginea, 
 by direction from the said Earle, and other the adventurers 
 the remaynes of the said worke were sould, and disposed of 
 soe as to be converted vpon accounte to the behoofe of the 
 Adventurers. And that Mr. Sandis at his comeing away, did 
 eaue with Sir fErancis Wyatt, then Gouernor of that Collony, 
 twelue hundered weight of stript Tobacco, togeither with 
 sunderie Couenant Seruants and other Materialls, amounting 
 to aboute the valewe of fower thousand weight of Tobacco 
 more. All which at the comeing away of Sir ffrancis Wyatt, 
 were consigned into the hands of Abraham Peirce, who had 
 formerly beene Cape marchante for the Company, we haue 
 therfore thought fitt to pray you, asweU in reguard of right 
 to be donne, to the said Adventurers, as alsoe for a future 
 incourragement to others vpon lyke occasion, to take especiall 
 care that those goods, and other remajmes belonging to the 
 said Adventurers, may be ordered by the said Peirce to theire 
 best profitt, and the Tobacco, and other Comodities, which 
 shall arrise therof to cause him to transmitt hither, by the 
 next opertunitie deducting the Charge, and to consigne the 
 
1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 119 
 
 same vnto Mr. Nicholas ffarrer Treasurer here for the said 
 Adventurers, vnlesse the said Peirce can shewe good Cause to 
 the Contrarie. [fo. 78. If 2.] 
 
 [193.] WhitehaU, 31 July. 
 [~ [A warrant dispensing from impressment &c,] an English Virginia 
 Shipp under the Commaund of Captain John Preen called the 
 Samuell of New Castle, of the burthen of 250 Tonnes,, .readie 
 to put to sea, and bound for Virginea, which Appeareth by Oath 
 in the Admiraltie Courte. [/o. 80. ]J 2.] 
 
 [194.] Whitehall, 5 September : 
 
 Whereas the Companie of the west Indies in the vnited Pro- West Indies. 
 uinces ; hath made humble suite vnto his Majestie, that their 
 Shipps employed thether, either in Trade of Marchandize, or 
 on warrf are for the weakening of the Common Ennemy ; might 
 quietly pass on their intended voyages, both outward, and 
 homeward bound, without anie molestation, stay, or hinderance, 
 by his Majesties owne Shipps, or those of his Subjects, employed 
 with Letters of Marque, to the Southward, or elswhere. It 
 pleased his Majestie therevpon to declare, that his Royall 
 will and pleasure is, the said west India Companie, their 
 Captaines, Masters Marriners, Shipps, and Prizes by them taken, 
 or to be taken hereafter, vpon the said Enemy ; and all their 
 goods and other things, whatsoeuer to them belonging ; 
 shall haue free ingrees egress and regresse into, and out of all 
 his Majesties Ports, Hauens, Roads, and Creekes, as by the 
 Articles of the Treaty, made at Southampton, the 7th of Sep- 
 tember 1625 more at large appeareth. vizt. [Here follow 
 §§ 15, 16, 17, 18, 19, 23 and 24 of the treaty,* and an 
 injunction to aU his Majesty's servants punctually to observe 
 them.] [/«• 126". If 2.] 
 
 [195.] WhitehaU, 14 September : 
 
 [A Commission to John Preen,] Captaine of the good Shipp Virginia, 
 the SamueU of Newcastle, and of a Pinnace called the Endeavor 
 of London now bou nd for Virginia. 
 
 * The treaty is given in the Clarendon State Papers (Oxford, 1767) 
 Vol. i. pp. 27-33. 
 
120 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 
 
 Whereas the said John Preen, att his great chardge, and perill 
 is to transport people and provisions unto the said Plantation 
 to the strengthening and advancement thereof, and is during 
 the whole voyage to have the government and command of 
 the said Shipp and Pinnace, and of aU passengers, Marriners, 
 and saylors therein to be shipped to the nomber of two hun- 
 dred, and twenty persons or thereabout, [he is given the same 
 instructions as on 11 Sep. 1626]. [fo. 140. TJ 2.] 
 
 [196.] Whitehall, 19 September : 
 
 West Indies. [With reference to the Order of 8 June, Sir Henry Martin, 
 Judge of the Admiralty, finding no precedents, desires further 
 directions from the Board. Sir John Wentworth alleges that 
 he has already given bond of 4000Z. in the Admiralty Court 
 for his Letters of Marque, and offers his own bonds and those 
 of the masters of the ships (" they beeing housekeepers, and 
 haveing wives and children residing here" ) and the usual 
 assurance for the munition and ordnance. The securities 
 offered are to be accepted, and the ship and pinnace dehvered 
 to Sir John Wentworth.] [fo. 144. Tj 3.] 
 
 [197.] Whitehall, 21 December : Present— The Kings 
 most excellent Majestic, Lord Keeper, Lord Treasurer, Lord 
 President, Lord Admirall, Lord Steward, Lord Chamberlaine, 
 Earl of Suffolk, Earl of CarUle, Earl of Holland, Earl Morton, 
 Lord Viscount Conway, Lord Viscount Grandison, Lord 
 Bishop of Duresme, Lord Bishop of Bath and Wells, Mr. 
 Treasurer, Mr. Comptroller, Master of the wards, Mr. Chan- 
 cellor of the Exchequer, Mr. Chancellor of the Duchey. 
 Tobacco. This day the Boord, in the presence of his Majestie and 
 
 by his speciall direction, takeing into their considerations, 
 the enghsh plantations in Virginia, and the Sommer Islands 
 especially, and consideringe that for the present they cannot 
 subsist, but by the vent of their Tobacco planted there, and 
 from thence transported heather : haue thought fitt and soe 
 resolued and ordered : That for the preservation and incourage- 
 ment of those English plantations abroad, no Tobacco shalbe 
 
1627-8.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 121 
 
 planted either in England, or Ireland, or any the Islands thereto 
 belonginge, nor any such Tobaco shall be brought, or sold, 
 vttered or vsed, by any but shalbe vtterly destroyed, and 
 consumed wheresoeuer it shalbe found either simply, 
 or mixt, with any other Tobacco ; . . . and no 
 Spanish Tobacco, or other Tobacco, of the growth of any of 
 the King of Spaines Dominions shall be imported into this 
 Realme, other then such as shalbe imported by his Majesties 
 Agents only, and only for his Majesties vse . . . 
 
 [fo. 240.] 
 [198.] Whitehall, 20 January : 
 
 It was this day ordered by his majesties Commaund, that Tobacco. 
 Mr. Atturney Generall, shall drawe vpp a Proclamation, that 
 all the Tobacco comeing from Virginea and the Burmodoes or 
 any other place, shalbe brought to the Port of London. 
 And that noe Tobacco shalbe transported out of the Kingdome 
 but by his majesties speciall Lycence. Prohibiting lykewise 
 aU persons to plante Tobacco in any place within this Realme. 
 And if any person ofiend against the said Proclamation the 
 same to be punished, without Remission by seuere Censure 
 in the Starr-Chamber. [/o 267. U 3.] 
 
 [199.] Ibid. 
 
 Wheras Raphe Merifeild did by his humble Petition St. 
 informe the Board, that he hath brought from St. Christophers 
 Island about x™ weight of Tobacco, which according to his 
 majesties Grant, for the encourragement of the Planters, he 
 is to Land and dispose of Custome free. But that since the 
 said Grant, a Proclamation hath beene published, prohibitting 
 the Sale of aU Tobacco to others then such as shalbe appoynted 
 Commissioners for his majestie to buye the same, and that noe 
 such Commissioners were yet appoynted ; wherby the Petitioner 
 sustayned much preiudice, and therfore humbly sought for 
 Releefe by order of this Board. It was thought fitt, to referr 
 the further Consideration of the said Petition to his majesties 
 Atturney Generall. [The Attorney General having reported 
 
122 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 favourably, their Lordships allow the sale of the tobacco 
 provided that this special case shall not hereafter be " drawne 
 into President."] [/o. 268\ Tf 1.] 
 
 [200.] Whitehall, 20 January: 
 
 St. Whereas a Petition was this day presented to the Board in 
 
 Christopher. ^^^ ^^^^ ^f Thomas Combes, Maurice Tompson and Roger 
 Barwicke Seruant to Captaine Warner Gouernour at St. Chris- 
 tophers Island Shewing that the Petitioners Combes and 
 Tompson about July last by aduice from the said Capt. Warner 
 did for the supply of that Plantation, and with the approbation 
 of the Earle of Carlile a Member of this Board, to whome his 
 Majestic hath graunted the said Island, send the good Shipp 
 called the Plough of London, which returned and came to 
 Southampton about the 15th of December last in which 
 Shipp the said Captaine Warner sent home by the Petitioner 
 Barwicke, about 10500 weight of Tobacco, and for the Account 
 of the Petitioners Combea and Tompson about 9500""- weight, 
 which according to his Majesties Graunt for encouragement 
 of the Planters, they are to sell and dispose of Custome and 
 Impost free. And that the Lord Treasurer had giuen Warrant 
 accordingly, but with Caution of putting it in safetye at South- 
 ampton vnder two Keyes, the one to remayne with the Cus- 
 tomers and the other with the Petitioners, [and praying for 
 relief, no Commissioners having yet been appointed under 
 the Proclamation (cf. 199), order is made similar to that in 
 the case of Mr. Merifield, with the same provision against its 
 being drawn into precedent.] [fo. 275. ^ 2.] 
 
 CHARLES I. VOLUME 4. (1 Mar. 1628-19 Dec. 1628.) 
 
 [201.] Whitehall, 11 March: Present— Lord President, 
 Lord Steward, Lord Chamberlain, Earl Morton, Earl of Kelly, 
 Lord Viscount Conwey, Lord Viscount Wimbledon, Master 
 of the wards, the twoe Chancellors. 
 
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 123 
 
 A Warrant with generall directions Whereas his Majestie West Indies, 
 hath lately graunted by Letters Patents vnder the great Seale 
 of England, the Island of St. Christophers and others the Caribe 
 Islands, vnto our very good lorde the Erie of Carhle, with full 
 power and autoritie for himseKe and anie other whom he shall 
 employ or licence to bransporte thither men munition and 
 whatsoeuer else shalbe necessary for the beginning and estab- 
 lishing of a Plantation in the aforesaid Islands : These are 
 therefore to require and ia his Majesties name expresly to 
 charge you and euery of you whom it may in anywyse con- 
 cerne, to be ayding and assisting vnto the sayde Erie, and 
 those whom he shall therein employ, with all necessary 
 prouisions to that ende ; And to suffer all such men and 
 Munition, and other necessaryes, as he or they shall thinke 
 good to sende to those places, to passe freely and quietly 
 without anie lett, hinderance or molestation. Hereof faile 
 you not &c. [p 23. ^j 2.] 
 
 [202.] WhitehaU, 14 March : 
 
 This day, Sir John Wolstenholme, Sir Paul Pinder Mr. Jacobs, Tobacco. 
 and Mr Dawes attending the Boarde declared to their lord- 
 ships in their owne names and in the names of the rest of the 
 ffarmers, who together with them, did attende his Maiestie 
 sitting in Counsell yesterday, about the busiaesse of Tobacco, 
 that they cannot furnish a stock, to vndertake the Agencie for 
 Tobacco. And they farther declared that they haue intel- 
 ligence of some ships arriued at Southampton, or there about 
 freighted with Tobacco ; which Shipps if Order be not taken, 
 that they may discharge paying Custome and impost, wiU goe 
 forthwith for Hollande, and Zealande. Whereof the Lorde 
 Treasurer is prayed and required to .take notice, and to giue 
 present direction to the Officers of the Ports, to suffer them to 
 discharge, and to giue Kbertie to all other Shipps, that shall 
 arriue hereafter furnished with Tobacco, from Virginia and the 
 summer-Islandes, thereby to prevent the preiudice, which 
 otherwyse may growe to his Majestie by the losse of the 
 
124 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 aforesayd Custome and impost, besydes the carrying of the 
 Tobacco out of the Kingdome. [p. 30. ^ 1.] 
 
 [203.] Whitehall, 9 May. 
 
 West Indies. A Warrant to Mr. John Eueling. Whereas his Majestie, 
 for the incourragement of Planters, hath vsually granted, 
 Ordinance, and Powder to furnish theire Plantations. And 
 our very good lord the Earl of Montgomery vndertakeing a 
 Plantation in the West Indies cannot be otherwise furnished 
 with Powder then from you. And doth at this tyme desier 
 a proportion of one hundred Barrells. [You are forthwith 
 to furnish the same at the usual rate.] [p. 102. ^ 1.] 
 
 [204.] WhitehaU, 7 June : 
 
 West Indies. A warrant with generaU directions, to free all such Gunners 
 Marriners &c from impresting, as belong to the Shipp the 
 Archangell Michell and the Pinnace the litle Hay, being pre- 
 pared by the Earle of Carlile, and readie to put to Sea for the 
 West Indies. [p. 201. If 1.] 
 
 [205.] WhitehaU, 14 June : 
 
 Lady l^^ ^ financial settlement between the King and Lady 
 
 Raleigh. Raleigh, her claim for 600?., as part of her composition for 
 the ship called the Destiny is ordered to be left] without 
 preiudice in Statu quo prius, to such former orders as haue 
 beene made therin, and to such right as the said Ladie 
 shall make appeare vpon further heareing. [p 228. 1| 1.] 
 
 [206.] WhitehaU, 23 June: 
 Sir John [Concerning the ship and pinnace lent to Sir John Went- 
 
 worth], fforasmuch as we are informed that the said Sir John 
 Wentworth is now retourned with his said Shippe into the 
 harbour of Portsmouth, And that the said Pinnace being 
 severed from him by Storme at Sea, is driven upon the Coaste 
 of Ireland, where she yet remaynes, and for that both the 
 said Shippe and Pinnace are become soe defective and decayed, 
 
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 125 
 
 as that the Charge of repairing and makeing them serviceable 
 is lyke to be greate. And for that he hath not since his goeing 
 out had any successe, or taken any Prize answerable to the 
 Charge he was at before, in setting out the said Shipps, [he 
 therefore humbly asks for the free loan of the said ships for 
 one year longer j which is granted.] [p. 234. ]| 2.] 
 
 [C.S.P. Domestic. 1628-9. p. 174] 
 
 [207.] Whitehall, 5 July : 
 
 Whereas it hath pleased his Majestie to referre the annexed Virginia, 
 articles* concerning the Colonie of Virginia vnto the Lord 
 Treasurer to be by him considered of : It is therefore ordered 
 that Captaine Harvy who presented the said Articles shall 
 attende the said Lord Treasurer, for his lordships better and 
 fuller information in every particular, and for the spedier 
 expediting of aU other businesse that conceme Virginia ; 
 which is likewise referred to his lordship. [p. 262. ^ 2.] 
 
 [208.] WhitehaU, 7 July : 
 
 Vpon a petition this day presented to the Boarde, by a Bermudas, 
 great Companie of poore aduenturers and planters in the 
 summer-Islands, in which they remonstrate that they haue 
 brought home a smaU quantitie of Tobacco, which hath long 
 lyen in the Custome house, through the detained whereof they 
 sufEer great dammage, and therefore humbly sue that they 
 may haue their Tobacco restored in paying reasonable Custom es. 
 Their llordships taking this their humble suite into considera- 
 tion did thinke fit and order that the petitioners shall haue an 
 abatement of three pence Impost vpon everie pound of 
 Tobacco mentioned in the petition, but they may not expect 
 anie abatement hereafter vpon that commodity. And the 
 petitioners are therefore hereby required to forebare the plant- 
 ing of so much Tobacco hereafter as formerly they haue done, 
 
 * Not given in Register. 
 
126 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 in regarde the lande which is almost wome out, may be 
 employed to more profitable and necessarie vses. [The Lord 
 Treasurer is required to give orders accordingly.] 
 
 [p. 268. Tl 2.] 
 
 [209.] Whitehall, 18 July : 
 
 St. Vpon a petition which was this day presented to the Board 
 
 by George Rookes and his Companie wherein they remonstrate, 
 that having set forth a Ship called the George, in which there 
 are one hundreth passengers in consort with other Ships 
 belonging to the Erie of Carhle, for the Islands of Saint 
 Christopher, which Ship is stayed at the Isle of Wight, where 
 the Victuals are daily consumed, and the passengers and 
 Mar5Tiers in danger of perishing, before they can be able to 
 attaine their Porte, vnlesse spedy order be giuen for their 
 releasse, . . the lord Admirall his Grace is prayed . . 
 to giue directions accordingly. [p. 302. ^ 1.] 
 
 [C.S.P. I. p. 93.] 
 
 [210.] WhitehaU, 4 August : 
 Virginia. I* "^^^ t^s day ordered that the overplus of his majesties 
 
 Customes Imposts, and other duties aswell for Tobacco, as 
 for other Staple Comodities out of Virginea, which shall in 
 the yeares hereafter to come encrease beyond the Somes, which 
 the said Customes Imposts and other duties shall come vnto 
 this growing yeare, ending at Michaellmas next, shalbe ymployed 
 to satisfie aswell 5001. to be allowed to Capt. Haruie Gouernor 
 of Virginea, for the transportation of himselfe, and his fEamily, 
 and one thousand pounds for his yearely entertaynement, as 
 alsoe to defray the Charges of fortifying, and other necessarie 
 occasions, for the defence and securitie of the Countrie, and 
 Inhabitants. Wherof the Lord Treasurer is prayed and 
 required to take notice and to giue efEectuall order therin 
 accordingly. [p. 366. "[j 2.] 
 
 [211.] Whitehall, 6 August: Present :— Lord President, 
 Lord Priuie Seale, Lord Admirall, Lord Steward, Earl of 
 
1628.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 127 
 
 Holland, Lord Chancellor of Scotland, Earl of Kelley, Lord 
 Bishopp of London, Lord Viscount Dorchester, Master of the 
 Wards. 
 
 Instructions from the Lords of his majesties most Vjginia. 
 honourable Privie Councell to Captain John Harvie 
 Governor of Virginea and to the Councell of State there. 
 
 [In these Instructions Clauses 1, 3, 4, 5, 7, 8, 10, 11, 12, 14, 
 15, 16 are the same as the corresponding clauses in the In- 
 structions to Sir George Yeardley [162], 6 is the same save 
 that 16 is substituted for 17 years ; in 9 the William and 
 John is substituted for the Anne and the James. The other 
 sections follow :] 
 
 2. That in bhe first place, you be carefuU Almightie God, 
 may be duly and dayly served, both by your selfe and all 
 the people vnder your Charge, which may drawe downe a 
 blessing vpon aU your Endeavours. And lett everie Congre- 
 gation that hath an able Minister, build for him a Convenient 
 Parsonage house ; to which for his betber maintenance, over 
 and aboue the vsuall Pension, you shall lay 200 acres of Glebe 
 land, for the cleereing and inoloseing of that Ground, everie 
 of his Parishoners for three years, shall giue some daies labours, 
 of themselues and theire Servants. And see that you haue 
 an especiall Care, that the Glebe land be sett, as neere to his 
 Parsonage house as may be, and that it be of the best con- 
 ditioned land. Suffer noe Innouation in matters of Religion, 
 and be carefuU to appoynt sufficient, and conformable 
 Ministers, to each Congregation that may Catechise and instruct 
 them, in the grounds and principles of Religion. 
 
 13. And wheras your Tobacco faUeth everie day more 
 and more to a baser price, we require you to vse your best 
 endeavour, to cause the people there to applj^ themselues, to 
 the raiseing of more Staple Comodities, as Hempe and fiiax, 
 and rape seed and madder, and lykewise to the impaleing of 
 Orchards, and Gardens, and incloseing of Grounds for CatteU, 
 wherby the Store of the Countrie may be advanced in 
 
128 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 aboundance Lykewise everie Plantation to plant a proportion 
 of Vines, answerable to theire numbers, and to plant mulbury 
 trees, and to attend silke wormes. 
 
 17. That especiall Care be had, of the encrease and 
 preservation of neate Cattell, that the ffemales be not killed 
 vpp as formerly. And that his majesties wiU and pleasure 
 (concerning the running of a pale, twixt Martins hundred, and 
 Cheskay, and planting the same sufficiently for the resisting 
 the Natiues) be declared to a Grand Assemblee, by which 
 meanes ther may be safe Range, for Cattle of all sorts, wherby 
 the Collonie, in shorte tyme may haue such plentie of victuall 
 that much people may come thither for the setting vpp of 
 Iron Works, and other Staple Comodities. 
 
 18. [To prevent surprizes by savages or other enemies, 
 beacons are to be prepared,] the erecting of their Beacons, 
 and the watching them to be at the Charge of the Countrie 
 as shall be determined in a Grand Assembly. 
 
 19. [Every setfcler is to provide himself with arms, both 
 offensive and defensive, within a year from date, on pain of 
 punishment.] 
 
 20. And for that Armes, without the knowledge of the 
 vse of them, are to noe effect, we ordaine that there be one 
 Muster Master generaU appoynted for the Collonie who shall 
 fower tymes in the yeare, and oftener (if cause be) not onely 
 view the Armes, munition and furniture, of everie person in 
 the Collonie, but alsoe traine and exercise the people, teaching 
 them the vse and order of Armes, and shall alsoe certifie the 
 defects (if any be) either of appearance or otherwise to you 
 the Gouernor and Councell. And for the present, we doe 
 nominate and appoynt Capt. Robert ffelgate (haueing beene 
 formerly Muster Master in the Sommer Islands, and of whose 
 sufficiencie we are fully informed) to be the Muster Master 
 of the Collonie for three yeares, after his ariuall in Virginea. 
 And after the three yeares expired, we wiU that hee continewe 
 Muster Master still, vnlesse we shall otherwise dispose of his 
 pliace. And for his Competent maintenance, we will that you 
 
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 129 
 
 the Gouernor and Councell, soe order the busines at the Grand 
 Assembly, that everie Plantation be rated equally, according 
 to the nomber of the persons, wherin you are to follow the 
 Coarse practized in the Realme of England. 
 
 21- Whereas many Shipps laden with Tobacco, and other 
 marchandize from thence, carry the same ymediately into 
 forraigne Countries, wherby his majestic looseth the Custome, 
 and duties thereupon due, [no ship is to sail without giving 
 bond to sail directly to his Majesty's dominions, and is] to 
 bring a BiU of Ladeing from thence, that the Staple of those 
 Comodities may be made here. 
 
 22. And to conclude, that in all things, according to 
 your best understanding, you endeavour the extirpation of 
 Vice, and the encourragement of Religion Virtue, and good- 
 ness, [pp. 373-7.] 
 
 [212.] Whitehall, 6 August : Present : — The same. Lord 
 Treasurer replacing Master of the Wards. 
 
 Vpon consideration and debate this day had at the Board of Virginia, 
 diuers thinges for the good and aduancement of the Plantation 
 of Virginia, and for the incouragement of his Majesties Sub- 
 jectes there It was thought fitt and ordered, that his Majestic 
 should bee moued on that behalf to write his gracious letters 
 to the Gouernor and Colonic there, according to the Articles 
 heerafter following vizt. 
 
 1. First that his Majestic wilbee please to promise his 
 protection to the Collony of Virginia. 
 
 2. That hee will likewise promise to confirme vnder his 
 great Scale their landes and Priuiledges formerly graunted. 
 
 3. To signifie that there is already assigned by the Lordes 
 a proportion of monyes for maintenance of the Gouernor, and 
 for other publique vses, issuable out of his Majesties proffittes 
 from that Plantation, his Majestic will not onely confirme, but 
 also enlarge the same, as his occasions wiU permitt. 
 
 4. That hee wilbee the Rewarder of such well deseruing 
 Planters, as by their good seruices shall merritt it. 
 
130 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 5. That hee charge the Gouernor and Councell to cherish, 
 fauour and respect such persons as intend to make Virginia 
 their Countrie, and to preferre such to places of benefitt and 
 trust, that there may bee a reall difference made betweene 
 them, and such as goe onely thither to inrich themselues by a 
 Cropp of Tobacco. 
 
 6. That in respect of these his ffauors hee expectes that 
 all Planters and Aduenturers of that Colonie shall retume 
 their Commodities into his owne Dominions. 
 
 7. That hee requires the Gouernor and Councell, and all 
 other Officers, to execute Justice indifferently to all men, of 
 which hee wiU expect due performance. 
 
 8. That there are certaine Instructions signed by the Lordes 
 of his Majesties priuy Councell, which they must bee carefull 
 to obserue. 
 
 Heereof Mr. Secretary Coke is prayed and required to take 
 notice, and to prepare a letter, and moue his Majestie therein 
 accordingly. [p. 381. ^f 4.] 
 
 [213.] Whitehall, 8 August : 
 Virginia. A warrant with generaU directions to discharge John HlU 
 
 Mariner being imprested for his majesties service, and lyke 
 wise to free from impresting Lawrence May: Jhon Mixton, 
 Tho. CouUe, William Louewell, John Ashne, and twelue 
 other Mariners belonging to the Shipp called the Paramor 
 being bound for Virginea. [p. 385. ^ 4.] 
 
 [214.] Whitehall, 27 August : 
 
 Christopher. t"^ Warrant dispensing from any let or hindrance the ship 
 Lemon] and the little Hey bemg bound for St. Christophers 
 Islands. [p. 41 g. ^ 1.] 
 
 [215.] Windsor, 12 September : 
 Virginia. [A letter from his Majesty to Sir John Harvey, Governor 
 
 of Virginia, in accordance with the headings decided on on 
 6 August.] j-p, 454. ^ 1.] 
 
 [CS.P. I. p. 94.] 
 
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 131 
 
 [216.] WhitehaU, 16 September : Signed [by] Lord Keeper, 
 Lord President, Earl of Dorset, Earl of KeUie, Lord Viscomit 
 Dorchester, Lord Bishop of London, Master of the RoUes. 
 
 A Warrant with GeneraU directions. Whereas his Majestic, Virginia, 
 haueing taken into his Princely care the Plantation of Virginia, 
 is RoyaUie disposed, to further, and aduance the same, by all 
 the best meanes, and wayes that can be thought vpon ; And 
 whereas the transportation of diuerse things thither, (which 
 were formerlie prohibited for reason of State, and causes sute- 
 ing those times) are now thought fitt to be transported, for 
 the furterance of the said Plantation. Theise are therefore 
 to wiU and Command you, and euery of you whom it may con- 
 ceme, to suffer all the particulers hereafter sett downe to be 
 transported for Virginia, notwithstanding any former prohibi- 
 tion to the Contrarie. Vizt. Men, Woemen, and Children, 
 all manner of Cattaile, All manner of VictuaU, All manner of 
 Munition, Shoes, Bootes, Brasse in household implements, 
 and VtensilLs, and all other necessarie provisions, for the Plan- 
 tation consisting of materialls, prohibited to bee transported, 
 (all which were formerly graunted to be transported for that 
 Plantation, by the late letters Patents of the Virginia Com- 
 panie) for which this shalbe your warrant. [p. 456. ^3.] 
 
 [217.] Hampton Court, 28 September: 
 
 A warrant for dischargeing of John Burley, John Gates, Virginia. 
 Francis Perin, Prudence Mathewes, Ehzabeth Holland, and 
 Damoris Adderton and to cause them to bee deliuered to Lwis 
 Hughs Minister, to be sent into Virginia, by vertue of a Com- 
 mission directed to the llords and others of the Priuie Councell 
 dated the 20. of September 1628. remayning in the Counsell 
 Chest. [p. 490. If 1.] 
 
 [218.J Ibid. 
 
 Whereas his Majestic hath bin credibly informed, that the Tobacco 
 Tobacco of the grouth of England and Ireland, and Dominions 
 thereof, is not onely found to be vnholsome for mens 
 bodies, but a great hindrance, and tending to the ruyne and 
 
132 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 
 
 ouerthrow of his Majesties Plantations in Virginia, and other 
 partes beyond the Seas, and being desirous, and willing, out 
 of his Princely Care, and Royall disposition for the good of 
 his people, to be throughly informed before any further course 
 be taken, [he] did command, and their Lordshipps doe 
 accordingly order, that the President, and the rest of the 
 CoUedge of Phisitions, shall assemble themselues together, 
 and after mature, and good deliberation, certifie their opiaions 
 therein. [p. 484. •! 2.] 
 
 [219.] Whitehall, 18 October: 
 
 Virginia. A letter to Sir John Haruie Knight Gouernor of Virginea 
 
 and to the reste of the CounceU there. Wheras John 
 Perse hath by his humble Petition (which we send you 
 inclosed) complajTied to the Board, that he was per- 
 swaded and drawne by Abraham Perse his brother, to 
 sell vnto him certaine lands, which the Petitioner did 
 convey vnto his said brother, asweU to supporte his Creditt, 
 and Reputation being then a Marchant, as alsoe for and in 
 consideration of the some of 496?. or therabouts. ffor pay- 
 ment of which some, the said Abraham Pearse, became bound 
 to the Petitioner as by a Coppie of the Bond (which we send 
 you lykewise inclosed) doth at large appeare, but performed 
 not the same accordingly. And wheras the Petitioner doth 
 further informe that his said brother afterwards, went over 
 into Virginea and there obtayned a greate Estate, and is lately 
 deceased, but that the Petitioner cannot heare how his said 
 brothers Estate is disposed of, or what Course he hath taken 
 for satisfying the somes due vnto him, and therfore hath made 
 humble smte vnto vs, for our Letters vnto you for his Releefe 
 herein. [Their Lordships therefore pray and require you to 
 inquire into the disposal of the said estate, and to report 
 to them.] [p. 529. ^f 1.] 
 
 [220.] Whitehall, 26 October: 
 Sir John A letter to Capt. Bassett Vice Admirall of the North. 
 
 We send you herewithall, an order of the Board, for con- 
 
1628-9.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 133 
 
 tinuance of the loane of a ffrench Shipp and Pinnace, to Sir 
 John Wentworth Knight and Barronet for a yeare longer, 
 vpon the Conditions, and for the reasons expressed in the order. 
 And because it is informed, that the Pinnace was carryed away 
 from him fraudulently by the Captain and that she is now 
 vnder your Commaund. we doe hereby will and require you to 
 dehver over the Pinnace with all the Tackle and provisions 
 appertaineing to her, vnto Sir John Wentworth or such 
 other as he shall appoynte to receaue her for him. 
 
 [p. 544. Tl 2.J 
 
 CHARLES L VOLUME V. (24 Dec. 1628-31 Mar. 1630.) 
 
 [221.] Whitehall, 1 6 February : 
 
 [Permission is given to Sir John Wentworth to use the two Sir John 
 ships lent him for another year, and an order issued for the 
 return to him of " victualle, fiurniture. Tackle, Apparrell, 
 or Provisions " " imbezelled and stolen " from his ship in the 
 harbour of Portsmouth]. [pp. 93-4.] 
 
 [222.] Whitehall, 25 February : 
 
 Wheras humble suite was this day made vnto the Board Newfound- 
 on the behalfe of the Lord Baltimore now remayneing m 
 Newfoundland, that in regard of the scarsetie of come there, 
 and of the greate plentie therof in this Kingdome Lycence 
 mought be granted for the bujdng here, and transporting to 
 his Lordshipp 14 Lasts of Wheate and the lyke quantitie of 
 Maulte, for the Releefe of those of that Plantation. [The 
 desired license is given] Provided that such person as is 
 imployed on that behalfe shall first pay his majesties Customes 
 and duties for the same, and giue good securitie not to dispose 
 of any parte therof, but for the Releefe of the Plantation 
 aforesaid. Hereof the Lord Treasurer is prayed and required 
 
134 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629. 
 
 to take knowledge and to giue efEectuall order therin 
 accordingly. [p. 106. last %] 
 
 [223.] Whitehall, 11 March: 
 
 Canada. Whereas his Majestie is pleased to refer to the Boarde a 
 
 Petition presented vnto him by Claude de Rocquemont and 
 ffrancis Derre of Gan ffrench gentlemen, in which they com- 
 plaine of the greate inhumanity of one Kerck of Deepe, now 
 dweUing in London, of his breach of faith and promise when 
 he had taken them at Sea in a voyage in which they were 
 making for a Plantation in Canada : Their Lordships for the 
 better expediting of the Cause, doe pray the Erie of Dorset, 
 Mr. Treasurer and Mr. Secretarie Coke, or anie twoe of them, 
 calling both parties before them to examine the state of the 
 saide Cause and after a full hearing of the allegations on both 
 sydes to report their opinions to the Boarde, that thereupon, 
 such finaU Order may be taken therein, as shalbe consonant 
 to iustice and equitie. [p. 129. last ^.] 
 
 [224.] WhitehaU, 25 March : Present :— Earl of Dorset, 
 Mr. Treasurer, Mr. Secretary Coke. 
 
 Canada. Vpon a full hearing of the Cause betweeno William 
 
 Barkley and Geruais Kerck on the one parte, and Claude de 
 Roquemont and ffrancis Derre of Gan ffrench gentlemen 
 Prisoners vnto them on the other parte ; which ffrancis Derre 
 was also presenb. It was finalhe Ordered, that the saide 
 Claude de Roquemont hauing made humble sute to his Majestie 
 to be removed from priuate Custodie, to some publique Prison, 
 should be committed to the fffeete, there to remaine vntill 
 farther Order from the Boarde ; whereof the meaning is, that 
 he shall continue there vntill the aforesaid William Barkeley 
 and Geruais Kerck shall haue sufficient tyme to enforme 
 themselues of the true value of his Estate, that thereupon the 
 point of Randsome may be accommodated and lykewyse 
 before his releasse, he is to pay the charges of his diet and 
 lodging to WiUiam Barkeley aforesaid in whose howse he now 
 
1629.] ACTS OF THE PMVY COUNCIL (COLONIAL). 135 
 
 remayneth ; vizt. fiftie foure pounds and twelue shillings 
 for one hundreth eightie twoe dayes at the rate of six 
 shillings per diem, ffor so much as concerneth ffrauncis Derre, 
 it was at the same tyme Ordered that he shall haue libertie 
 to lodge and diet himselfe at his o^vne choice, vpon sufficient 
 Caution first giuen by him that he shall not departe this 
 Kingdome without permission it being hereby lykewyse in- 
 tended that WiUiam Barkely and Geruais Kerck aboue men- 
 tioned may haue convenient tyme to enforme themselues of 
 the true value of his Estate and also that before his departure 
 he shall giue satisfaction at the rate of foure shiUings per 
 diem for one hundreth eightie twoe dayes the totaU amounting 
 to thirtie six pounds and twelue shillings. [p- 151. ]j 1.] 
 
 [225.] Whitehall, 31 March: 
 
 Letter to the deputy lieutenants of the County of Suffolke. Bermudas. 
 Captaine Woodhouse hath made complaint to his Majesty 
 of your neglect, shewing that he left a sufficient Deputy, when 
 he was chosen and employed Governor of the Summer-Islandes, 
 to supply and discharge the place of Muster Master in his 
 absence, vntiU the death of the Erie of Suffolke ; from which 
 tyme, he can neither get his arreares for the last yeare, whyle 
 he was at the Summer-Islandes nor for the twoe yeares last 
 past, having bene all that tyme employed by his Majesties 
 commande to the Isle of Rets, and at RocheU. [His 
 Majesty therefore orders that the arrears be paid at once.] 
 
 [p. 158, last %] 
 
 [226.] Whitehall, 14 July : 
 
 A Passe for Sir John Haruey knight appointed Gouuernor of Virginia. 
 Virginia to goe thither in a Ship called the ffriendship of three 
 hundreth and fiftie Tuns or thereaboutes : with a Clause 
 requiring his Majesties Officers whom it may conceme to for- 
 beare the impresting, or empeachment of anie Person going 
 in the said Ship with Sir John Haruey aforesaid, for that it is 
 conceiued this their voyage tendeth to the good of his 
 Majesties seruice, [p. 352. last %] 
 
Canada. 
 
 Sir John 
 Wentworth. 
 
 Virginia. 
 
 Virginia. 
 
 Canada. 
 
 136 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629. 
 
 [227.] Whitehall, 17 July: 
 
 [De Roquemont and Berre are ordered to be set at Uberty, 
 on payment of such charges as are due.] [p. 361. If 2.] 
 
 [228.] WhitehaU, 22 July : 
 
 [Upon certificate from Sir Henry Martin, Judge of the High 
 Court of Admiralty, that the ship Saint John-Baptist with 
 its tackle had been adjudged to Sir John Wentworth and his 
 company by a sentence of 3 Nov. 1628, directions are given 
 for its dehvery accordingly] Provided that they shall not 
 sell the same to anie, but to his Majesties Subjectes onely. 
 and that such parte thereof as is due to his Majestic, be 
 answered to the Commissioners for prize-goods, for his 
 Majesties use. [p- 372. TI 1.] 
 
 [229.] Whitehall, 29 July : 
 
 [A petition having been presented] by Elizabeth Barwick 
 the Relict of Thomas Baiwick who died at Christmas six yeares 
 since, or thereabout m Virginia, and left diverse goods at his 
 decease, [the Governor and Council of Virginia are instructed 
 to inquire into the matter, and to see that she receives what- 
 ever is her due, after any debts of her late husband have 
 been paid.] [p. 385. Tf 2.] 
 
 [230.] WhitehaU, 13 August: 
 
 [A commission to John Preen, Captain of the ship Friend- 
 ship of London, of three hundred tons and upwards, sailing 
 to Virginia with the Governor and other passengers. Similar 
 to his previous commissions 195.] [p. 4-16. ^ 1.] 
 
 [231.] WhitehaU, 28 October : Present :— Lord Keeper, 
 Lord Priuie Seale, Earl MarshaU, Lord Steward, Earl of 
 Dorsett, Earl of Bridgwater, Earl of CarlUe, Earl of KeUey 
 Lord Viscount Dorchester, Lord Samle, Lord Newburgh, 
 Master of the Roles. 
 
 Wheras the Lord Ambassador here Resident for the ffrench 
 King haueing made Clayme to certaine goods on the behalfe 
 
1629.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 137 
 
 of the Subiects of that King lately brought from Canada in 
 an Enghsh Shipp Wherof Dauid Kirke gentleman was Captain 
 wherin divers Marchants of London (by whom the said Captain 
 was ymployed and sett out) were Aduenturers and Sharers ; 
 did Comence suite in the Courte of Admiraltie here against the 
 said Captain and the Marchants interessed therin, for the 
 Recouerie of the said goods, and thervpon obtayned warrant 
 out of the said Courte, for putting the said goods in Seques- 
 tration and safe Custodie, vntill it should be decided by a 
 Legall proceeding there, to whom the same did of right apper- 
 taine. In persuance wherof, the said goods (howeuer they 
 were in the interim betwene the granting out of the said 
 warrant, and before the of&cers could execute the same 
 vnladen by the said Marchants, and put into theire warehouse) 
 were by the said officers attached and the said warehouse 
 doores fastened, with a Lock hung on by them, besides the 
 Locks wherwith the same was formerly fastened by the said 
 Marchants, and notice therof accordingly giuen them, ffor- 
 asmuch as vpon Remonstrance made to his majestie by the 
 said Ambassador that the said Marchaunts had since forcebly 
 broken open the said Locks, and conveyed away the said 
 goods, his majestie was pleased to referr the farther Exami- 
 nation and ordering therof to the Board. Theire Uordshipps 
 well knowing it to be agreeable, to his majesties Royall pleasure, 
 to preserue all amitie and good Corespondence with his deere 
 brother the ffrench King, and that the Subiects of that State 
 should vpon all occasions receiue aU iust and lawful favour 
 and haueing thervpon called before them divers of the said 
 Marchaunts, and fully heard theire Allegations concerning 
 the said fact did resolue that theire proceedings and carriage 
 therin, had beene soe disorderly and contemptious as they 
 deserued to be committed to Prison, and to be further ques- 
 tioned for the same : but the said Committment was afterwards, 
 vpon theire humble submission, and promise of conformitie 
 to such order as theire Uordshipps should sett downe, thought 
 fitt to be forborne, and it was thervpon hereby ordered, that as- 
 well the said Captain as alsoe all other the Marchaunts interessed 
 
138 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1629. 
 
 in any the said goods, should forthwith redeliuer and restore 
 the same in Statu quo prius to be put vnder Sequestration, 
 and safe Custodie in such place and manner, as by the Judge 
 of the said Courte of Admiral tie should be directed, or in case 
 of theire Refusall to stand comitted to the fleete. And that 
 for such of the said goods, which were pretended by the said 
 Marchants to haue taken wett in the said warehouse wherby 
 they were become more perishable vnlesse some care were 
 taken in the drying and well ordering of them. Theire llord- 
 shipps thinke fitt that leaue be giuen to the said Marchaunts 
 to vse such meanes for the prcserueing of the said goods from 
 spoyle, as shalbe requisite, vpon Caution giuen to redeliuer 
 the same, to be deposited with the rest, within such con- 
 venient tyme, as shalbe required of them, by the said Judge 
 of the Admiraltie. And because the Board did thinke fitt 
 and resolue that an Insolencie of soe high an nature, in Con- 
 tempt of all authoritie and gouernment was not to be past 
 ouer without some exemplarie punishment. It is ordered that 
 the Judge of the Admiraltie should by Examination vpon oath 
 or otherwise inquire and find out, who were the principall 
 Actors m the breakeing open of the said Warehouse, and 
 carrying away the said goods, and thervpon make Certifficate 
 to the Board, to the end such further course mought be taken 
 for the punishing of them as theire Uordshipps shall find 
 cause. And lastly to the end that noe vnnecessarie delay may 
 be vsed in bringing the said cause to a heareing theire Uord- 
 shipps doe especially recommend it to the Judge of the 
 Admiraltie, to proceede therin with all expedite Justice. 
 
 [pp. 472-473.1 
 
 [232.] WhitehaU, 31 October: 
 Guiana. A warrant as folio weth. Wheras we haue beene moued 
 
 by the Gouernor of the Company, tradeing to the Riuer of 
 the Amazons in the West Indies : that for the defence of theire 
 plantation and residence there, they may be permitted to 
 furnish themselues with fower peeces of Iron Ordinance called 
 Drakes, and to buy the same in the Markett here, for theire 
 
1629.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 139 
 
 money, and to transporte them for the vse aforesaid. 
 [Their Lordships give licence accordingly.] [p. 483.] 
 
 [233.] WhitehaU, ]0 November: 
 
 [A letter to Sir Henry Martin, Judge of the Court of Canada. 
 Admiralty :— The goods taken at Canada by Captain Kirke 
 and his Company are to remain in sequestration, and not to 
 be delivered to any person upon any caution or security 
 whatsoever.] [p, 491. ^ 2.] 
 
 [234,] WhitehaU, 2 December : 
 
 [The adventurers to Canada having represented that the Canada, 
 goods in sequestration are " so perrished with wett, that they 
 would be quite spoyled, unless some course were taken to 
 preserve them," their Lordships appoint Sir WiUiam RusseU, 
 Sir John Wolstenholme, and Sir Paul Pinder to examine the 
 said goods, and to report on their state, and on what course 
 they think fit to be taken. For this purpose Sir Henry Martin, 
 Judge of the Admiralty, and all others who have any locks 
 or keys of the warehouse wherein the goods are, are to deliver 
 them to the referees.] [p. 521.] 
 
 [235.] WhitehaU, 31 December: 
 
 Whereas vpon Complaint of the Aduenturers of Canada, Canada. 
 Order was giuen to Sir William RusseU Sir Paule Pindare and 
 Sir John Walstenham of the said Aduenturers vnder seques- 
 tration, who did therevpon make Reporte to the Board as 
 foUoweth. According to your Lordshipps Order dated the 
 second of this instant December wee haue beene at the Ware- 
 house wherein the goods are lately brought from Caneda, and 
 in sequestration. Amongst which said goodes, wee find cer- 
 taine India Coates made of Beauer Skinnes, and some small 
 quantitie of Beauer Skinnes not in garmentes, which are in 
 very iU Condition by reason of wett and Moysture they haue 
 taken, by which meanes they are perrishable, and wUl come 
 ( by long lying) to bee of little value. And therefore our opinions 
 are (vnder your Lordshipps fauor) That vnlesse the said 
 
140 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629-30. 
 
 Coates and Skinnes may be sold or otherwise disposed of 
 presently ; It will turne to the great dammage of the Pro- 
 prietors wee haue there hkewise seene Deare Skinnes, which 
 are dry and well Conditioned for ought wee can perceiue by 
 them And so in aU humblenes wee take our leaues this 5th 
 of December 1629 : 
 
 Vpon a new Request presented by Generall de Caen for 
 sale of the said goodes. Is was this day ordered by the 
 Board that the Judge of the Admiraltie shall giue direction 
 for two fitt men to bee deputed on the parte of the 
 said Aduenturers and Generall-De-Caen on the parte of the 
 ffrench to take view of the said Beuer Skinnes and Coates, and 
 to lay aside such as are dry and out of daunger, and to aer 
 such of them as by aering of them wilbee sufficiently secured, 
 and to appoint a certaine day with aU possible speed for the 
 sale of the rest, and that they bee sold to him that shall ofier 
 most, in the presence of the foresaid Parsons, so deputed by 
 both parties, who may bee admitted to rayse the price by 
 offering more if they shall so thinke fitt, and paying redy Money 
 for the same. The Money proceeding of which Sale is to bee 
 deposited in the Admiraltie Court vntiU further Order. And 
 if the said Aduenturers shall refuse to depute two fitt men 
 on their partes as aforesaid, then the Judge of the Admiraltie 
 is to appoint two such Parsons on the behahe of the said 
 Aduenturers as hee shall thinke fitt. [p. 566. ^ 2.] 
 
 [236.] WhitehaU, 22 January: Present :— Lord Arch- 
 bishop of Yorke, Lord Treasurer, Lord President, Lord Previe 
 Scale, Earl of Suffolk, Earl of SaUisbury, Earl of Exeter, Earl 
 of Northampton, Earl of Carhle, Earl of Danby, Earl of KelUe, 
 Lord Viscount Dorchester, Lord Viscount ffalkland. Lord 
 Bishop of Winton, Lord Newbourgh, Lord Sauile, Master 
 of the wards, Mr. Secretary Coke. 
 Canada. Vppon a long heareing, and debate at the Board, touching 
 
 the buisines in difference betwixt the Enghsh Aduenturers 
 to Canada, and Monsieur de Caen a ffrench gentleman about 
 certaine Beauuer Skinns, ffurrs. Coats of Beauuor wooll and 
 
1630] ACTS OP THE PRIVY COUNCIL (COLONIAL). 141 
 
 other Comodities, brought the Last Autumne, from that Coun- 
 trie, Each partie alledging that the goods abouementioned 
 did belong vnto them. The EngHsh claymeing them, by way 
 of Trade and barganing, And the ffrench affirming, that they 
 tooke them away by force and that some of the said goods 
 are perishable. It was ordered by their Lordships that what- 
 soeuer the Board shaU declare, and Sir Henry Martin knight 
 Judge of the high Court of Admiralty execute in this busines, 
 by their Lordships command, shall in no sort alter the pro- 
 pertie, possession or interest in the goods, or of the moneyes 
 proceeding of the sale of the perishable goods. And their 
 Lordships did further order, that the said EngHsh Aduenturers 
 to Canada shall on Munday next in the forenoone, bring or 
 send to Sir Henry Martin the key of their warehouse, where 
 the said goods doe now remaine that are perishable, which 
 now are also vnder the lock of Sir Henry Martin, who therevpon 
 is to cause the perishable goods to be apraised in due and 
 accustomed manner by honest and able men at the highest 
 and vttermost value, and afterwards to be sold openly, to those 
 that will giue most for the same, and the money receiued 
 for them to be deposited in the hands of the Lord Mayor 
 vntill it shalbe determined, to whome it doth iustly belong. 
 And lastly for the better and quieter sale of the said goods, 
 Their Lordshipps thought fitt and ordered, that none of the 
 said parties shalbe present at the sale of the said goods, but 
 both parties to appoint some sufficient parties for either side. 
 And for the residue of the said goods, which are drye and 
 well conditioned, and out of danger suddenly to decay, or be 
 impaired either in qualitie or value. Their Lordships thought 
 fitt they should remaine vnder such locks and custodie as they 
 are at this present. The said Aduenturers haueing engaged 
 their promise, that if it should happen, the rates of those 
 Comodities to faU in price, that then and in such case the said 
 Aduenturers shall and will make good, the rate whereat the 
 said goods may be now sold, which that it may the better 
 appeare Sir Henry Martin is to caU before him such furriers, 
 Skinners, Haberdashers and other Tradesmen as are Accus- 
 
142 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 tomed to buy and worke the like Commodities and take their 
 approbation of the Value of the said goods at present, whereof 
 the said Sir Henry Martin is to keepe an exact note, that it 
 may appeare afterwards vppon all occasions, [pp. 595-596.] 
 
 [237.] Whitehall, 28 January : 
 Canada. It was this day ordered (his Majestie being present in 
 
 Counsell) that the said former order should be explained, and 
 enlarged thus farr vizt. : That aU the Goods shaU be viewed 
 in the presence of Monsieur de Caen, And the Aduenturers, 
 that an exact Inventorie shall be taken of all, and those that 
 are wett, or ill conditioned, to be ajrred, and those that are 
 perishable to be sould, and Monsieur de Caen, and the Enghsh 
 Aduenturers to be present at the sale, with libertie each 
 to bid, and raise the price to the highest value, notwithstanding 
 the former Order ; prouided that this permission doe not alter 
 the propertJe, possession, or interest of the goods in any sorte 
 whatsoever .... And that the visitt shall be made. 
 And Inuentarie taken on S^terday next being the 30th of this 
 present, and the sale of the perishable goods, on Munday 
 following, being the first of fifebruary, by ten of the Clock in 
 the morning, without any further delay. And all other direc- 
 tions in the said former Order to stand in force. [p. 607.] 
 
 [238.] WhitehaU, 31 January: 
 
 oh'ristopher. "^ Letter to ffrancis Bassett Esqr. ViceadmiraU of the Countie 
 of Cornewall. Wee have bin informed that one Captaine 
 Reynault did land at St. lues in Cornwall some EngUshmen 
 with his Shipp called the ffrancoise Hauere de Grace laden 
 with Tobacco, and yellow wood, and that he is arrested, and 
 his said Shipp in the names of Thomas Littleton, Anthoney 
 Hilton, Roger Glover, and others Marchants of London, upon 
 pretence that they came from St. Christophers, and were 
 present at the execution of Monsieur de Cuzac. fforasmuch as 
 the said Captaine Reynault alledgeth that his pass taken in 
 ffrance, was a moneth after the said Monsieur de Cuzac came 
 from St. Christophers, and that therefore the said pretence is 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 143 
 
 false, wee haue thought good, hereby to require to informe 
 yourself carefully of the said information, and if you finde 
 it to be true and that there be no other iust cause, for the deten- 
 tion of the said Shipp, that then you take present order that 
 shee may be restored, together with the goods, and that the 
 Captaine and his Companie may be set at libertie, for which 
 this shall be your warrant. [617. ^ 2.] 
 
 [239.] Whitehall, 3 February : 
 
 The Board being this day made acquainted, that theire Canada. 
 former orders, and in particuler that of the 28th of January 
 Last, concerning the goods brought from Canada, had beene 
 eluded and disobayed, by the English Marchants, who pretend 
 to be Proprietors of the same, and finding vpon Examination 
 of some particulers complayned of, that the carriage of the said 
 Marchants hath beene indirect and Refractorie to the said 
 orders, did now againe vpon mature debate, and aduise had 
 therof ratifie theire said former order of the 28th of January 
 last, and doe lykewise further order, that Sir WiUiam Becher 
 Knight Clerke of the CounceU, in the Company of Sir William 
 RusseU, and the Marshall of the Admiraltie shall take an exact 
 viewe and Inuentorie of all the said goods, in the presence of 
 Monsieur du Can, and other the persons mentioned in the 
 said former orders : on which behaKe the said Marchants and 
 everie of them, are hereby expressly charged and required to 
 permitt and suffer the said Sir William Becher, Sir WiUiam 
 Russell, and such others as shalbe by them appoynted to assiste 
 therin, to enter into any the Storehouses, and places wher 
 any the said goods are ; And in case of theire Ref usall, the said 
 Sir William Becher, is hereby required and authorized, to 
 commaund any Constables, or other officers to assist him, in 
 the breaking open of the Locks or doores of the said ware- 
 houses. And concerning such other particulers incident to 
 this busines, wherin the said Marchants shalbe required, to 
 yeild conformitie by Sir Henry Marten Knight Judge of the 
 Admiraltie, and the said Sir William Becher, (vnto whom theire 
 Uordshipps haue committed the Care therof) they are hereby 
 
144 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 ordered and enioyned to giue obedience thervnto. And it is 
 further ordered, that Capt. Kirke and all the Marchants Pre- 
 tendors to the said goods, doe attend the Board at Whytehall 
 on ffryday next at twoe of the Clocke in the after noone. 
 Lastly it is thought fitt that Sir John Wolstenholme, one of 
 the ff armors of the Customes, be lykewise hereby required 
 to be present at the said next sitting, and that he bring with 
 him a true note of the entrie of aU the said goods, and that Sir 
 William Becher, doe accordingly send him notice therof. 
 
 [pp. 635-6.] 
 [240.] Whitehall, 13 March : 
 
 St- A Letter directed to ffrancis Bassett, Esqr. vice Admirall 
 
 Christopher. n /-v t -r. 
 
 of Cornwall. [On 31 Jan. Bassett had been required to restore 
 La ffrancoise of Havre de Grace with its lading and to liberate 
 Captain Reynault and his men if he found their statements 
 to be correct. Bassett still detains the ship alleging that the 
 directions for its release are conditional upon his being satisfied 
 that the pretence on which they were arrested is false : mean- 
 while the Council has had no report of his proceedings or the 
 result of his investigations into the truth of the French claim. 
 Bassett is accordingly admonished to show greater respect 
 to the Council, and as that body is now satisfied with the 
 state of the cause, he is ordered to make restitution of 
 the vessel forthwith.] [p. 691 IT 4.] 
 
 [241.] Whitehall, 22 March : 
 
 Christo her ^ I-'etter directed to ffrancis Basset Esqr vice- Admirall 
 ns op ei. ^j ^j^g -^oTth of Cornwall. Whereas compla^Tit hath beene 
 made by some ffrenchmen who came from St. Christophers 
 into the Porte of St. lues, whereof you are Vice Admirall, that 
 their Ship and goodes by reason of an undue stay made by 
 you of them are perished, to their great preiudice and losse, 
 for which they presse to haue recompense, this hauing beene 
 done since the Peace estabUshed with firaunce: Wee doe 
 therefore hereby wiU and require you to make your speedie 
 repake hither, to make answere to the saide complaint. 
 Hereof you are in no wyse to faile. [p 709. ^f l.J 
 
1630.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 145 
 [242.] WhitehaU, 24 March : 
 
 Whereas a Petition was presented to his Maiestie by the Canada. 
 Aduenturers of Canada in which they humbly remonstrate 
 that the Last yeare they left diuerse of his Maiesties louing 
 subiects in those partes, vpon discoueries, Plantations, and 
 other designes, who without reliefe are lyke to perish. And 
 they hauing now fitted shipping for those partes cannot be 
 permitted to transports Meale, and other prouisions for the 
 releefe of them without Licence. In regarde whereof they 
 doe humbly sue, that they may haue Licence to transports 
 thither twentie Tuns of Meale, with Pease, clothing, and other 
 necessaries fitting for twoe hundreth men. The Boarde being 
 informed, by the Lorde viscount Dorchester, of his Maiesties 
 gracious pleasure in that behalf e, doth hereby pray and require 
 the Lord high Treasurer to guie Order that they may trans- 
 porte the particulars before mentioned, they paying his Maiesties 
 Customes and duetyes, and giuing good securitio not to trans- 
 ports them to anie other parts, nor for anie other purpose. 
 
 [p 712. TI 1.] 
 
 [243.] Whitehall, 2 April: 
 
 [Concerning the business of Canada, the Merchant Adven- Canada, 
 turers thither and Monsieur de Caen shall meet before the 
 Lord Mayor on Monday next in the forenoon. The beaver- 
 skins, which are previously to be weighed by the Judge of 
 the Admiralty in presence of the Lord Mayor's appointee, shall 
 be adjudged to the French if they offer more, but to the EngHsh 
 if they offer more, or as much. The price is to be paid at once 
 into the hands of the Lord Mayor, and there to remain until 
 it be determined to whom the same shall be paid.] 
 
 [p. 737. H 2.] 
 [C.S.P. I. p. 112.] 
 
 [244.] Whitehall, 9 April : 
 
 Whereas it appeares by Certificate from the Lord Mayor that Canada, 
 it is agreed, aswell by the Aduenturers of Canada, as by the 
 Generall de Caen, that all the Beauor Skinnes, in Deposito, in 
 
 10 
 
146 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 the warehouses in Bishopsgate Streets, and in Canning Streete, 
 shall bee sold to the said Generall de Caen for twentie fiue 
 shillinges sterling the pound ready Money, to be deposited 
 in the hand of the said Lord Major according to an order of 
 the Board of the second of this Moneth. It was this day ordered 
 that Solomon Smith Marshall of the Admiraltie, in whose 
 Custodie the said goodes are, shall cause the said Skinnep to 
 bee counted in the presence of Abraham Taylor, and some of 
 the Aduenturers and the said Generall de Caen if he shall so 
 desire ; by WilUam Smith, Thomas Barnes, and Samuell Pierce, 
 or any two of them, being men expert in ffurres, and formerly 
 employed therein by direction of the Boord ; and then weighed 
 in the presence of the said Abraham Taylor and some of the 
 Aduenturers and the said de Caen, which being rtonne, the said 
 Marshall of the Admiraltie shall then resigne the Custodie of 
 the said Beauers into the handes of the said Abraham Taylor 
 for the Lord Major who is to deliuer the said Beauers to the 
 said Generall de Caen, or his Assignes vpon the receipt of the 
 Money, whereunto they amount, after the rate of twentie 
 fiue shillings the pound, whereof the said Solomon Smith 
 Marshall of the Admiraltie is not to faile, and for his discharge 
 in that behalfe this order shall bee his sufficient warraunt. 
 
 [p. 744.] 
 
 [24,5.] Whitehall, 21 April: 
 
 St. [Concerning the complaint made against Mr. Francis Bassett 
 
 Christopher, ^y certain Frenchmen, their Lordships, after hearing the report 
 of the Lord Privy Seal, the Lord Viscount Dorchester, and 
 Mr. Secretary Coke,] were pleased this day to call Mr. Bassett 
 before the Table, and did there declare unto him that they had 
 found his Carriage towards the ffrench to have beene both 
 discreete and courteous, [and that he should not upon any 
 occasion want the good opinion and favour of the Board. 
 Reparation is if possible to be obtained from the French]. 
 
 [p. 766. If 1.] 
 
 [246.] Whitehall, 18 May : Signed [by] Lord Keeper, Lord 
 President, Lord Chamberlaine, Earl of Suffolk, Earl of Kelhe, 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 147 
 
 Lord Viscount Dorchester, Lord Viscount Wentworth, Lord 
 Viscount Falkland, Mr. Treasurer, Mr. Secretary Coke. 
 
 A letter to the lord Mayor and Sheriffs of London. 
 Whereas you haue formerly receiued Order from this Boord 
 to summon the Marchants trading for Canada, to deliuer the 
 keyes of the warehouses, where the Beauer Skins remaine, vnto 
 your lordship (vpon the depositing of a certaine summe of 
 money) which as wee are informed the said Marchants refuse 
 to doe ; Wee do therefore pray, and require your lordship &c 
 to giue the said marchants another summons to deliuer the 
 said keyes, that so the said Skinnes may be deliuered vnto 
 Generall de Cane, vpon the depositing of so much money as was 
 agreed vpon, by our said former direction which if they refuse 
 now againe to doe, vpon this second signification, then wee 
 require and hereby authorise your lordship <fec to breake open the 
 doore of the said warehouses, and to see the Beauer skines 
 deUuered vnto the said Generall de Cane, or his Assignes vpon 
 the depositing of the said summe of money as aforesaid, for 
 which this shalbe to your lordship &c sufficient warrant. 
 
 [p. 802. last ^.] 
 [C.S.P. I. p. 115.] 
 [247.] Whitehall, 28 May : 
 
 A Warrant of the tenor foUowing directed to Robert Canada. 
 Maxwell one of his Majesties Sarieants at Armes. [The mer- 
 chants trading for Canada having been given a second sum- 
 mons, and still refusing, the instructions given on 18 May 
 to the Lord Mayor and Sheriffs are to be at once carried 
 out.] tP 828. II 2.] 
 
 CHARLES I. VOLUME VI. (1 June 1630-31 May 1631.) 
 
 [248.] Whitehall, 2 June : 
 
 This day Tho. ffitz Marchant, being convented before the Canada. 
 Board, for a notorious misdemeanor in ImbezeUmg and con- 
 
148 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 veying away certaine Beuer Skins out of a warehouse wherin 
 they were deposited by way of Sequestration vnder Lock 
 hung on by order of the Courte of Admiraltie, was after- 
 Examination taken of his Carriage therin committed to the 
 Prison of the ffleete. And it was further ordered that the 
 Examinations taken before the Board, should be transmitted 
 to Mr. Atturney Generall, who after pervsall of them, is 
 hereby prayed and required, to take strict Examination of 
 this busines, aswell to discouer who were Actors or Abettors 
 any way in conveying away the said goods, as to whose hands 
 any parte of the same, either in Specie, or any parte of the 
 moneys, ariseing vpon the sale of them are come and how 
 the same hath beene ymployed, or disposed of and by whose 
 direction, with all such other Circumstances as he shall find 
 requisite touching the same. And that the Messenger who 
 hath the said ffitz. in Custodio doe forthwith carry him before 
 Mr. Atturney to the end he may take order for the present 
 produceing of the said ffitz his Books of Account without 
 which he refuseth (as appeareth in his Examination before 
 the Board) to declare what parte of the money aryseing vpon 
 the Sale of the said goods he had alreadie receiued. 
 
 [p. 10. If 1.] 
 [C.S.P. I. p. 117.] 
 
 [249.] Whitehall, 9 June : 
 
 Canada. An open Warrant directed to Sir William Becher Knight 
 
 Clerke of the Councell, and to Robert Maxwell Esqr. one of 
 his majesties Seriants at Armes. fEorasmuch as the Board, was 
 this day made acquainted, by Mr. Atturney Generall, that the 
 said ffitz : doth absolutely refuse to produce his said Books of 
 Account, notwithstanding the said order. Theise shalbe therfore, 
 to will and require you, that takeing along with you, 
 the said Thomas ffitz : in the Company of the Warden 
 of the ffleete or his deputy, you make your ymediate Repairs, 
 vnto the dwelling house of the said ifitz : and there require 
 him, to make search for, and deliuer vnto you the said Books 
 9f Account ; which if he i^hall refuse to doe. That then by 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 149 
 
 virtue of this our warrant, you breake open the doores of the 
 house or Studdie of the said ffitz : where the said Books are 
 remajTieing, and the same to take and bring with you vnto 
 Mr. Atturney Generall. ffor which this shalbe your sufficient 
 warrant. [p. 16. ^f 2.] 
 
 [250.] Whitehall, June 16. 
 
 An open Warrant directed to Gabriell Marsh, Marshall of the Virginia. 
 Admiraltie. Whereas we are informed that there is a shipp which 
 came lately from Virginea laden with tobacco, belonging 
 to one Mr. SamueU Vassall, and hath beene anchored 
 three or fower dayes in Tilbury hope, with purpose to 
 defraude his Majestie of his Customes and other Duties. These 
 are therefore to authorize and require you forthwith to repaire 
 her, and to bring her to the Custome house key, as soone as 
 she arrives there you are leaveing some honest man aboard 
 her to see that nothing be landed or imbezelled. 
 
 [p. 27. H 1.] 
 
 [25] .] Whitehall, 1 6 June : 
 
 [In view of] the greate contempt and affront of all authoritie Canada, 
 and justice showed by the said ffitz, . it was thought 
 
 fitt and ordered, that his Majesties Atturney Generall, doe 
 proceed in Starr Chamber against the said ffittz : with all 
 expedition, and that he lykewise hasten the Commission, 
 agreed on and directed for the examination and discoverie 
 of the rest of the Actors or Abettors in the said Misdemeanour, 
 and that hereof he give their Lordships an account at their 
 next sitting on Fryday in the afternoone ; [in the meantime 
 Fitz is to be kept a close prisoner in the Fleet], [p. 28. ^ 2.] 
 
 [C.S.P. L p. 117.] 
 
 [252.] Whitehall, 30 June : 
 
 Wheras a Petition was this day presented to the Board by Virginia, 
 ffrancis Weste Esqr. late Gouemor of Virginea. Shewing that 
 Sir George Yardley Knight did aboute three yeares since by 
 his Last will in writing, with a Schedule thervnto annexed, 
 bequeath vnto Dame Temperance his then wife (whom he 
 made his sole Executrix) all his Lynen, household stuffe, and 
 other things then in his house in St. James Citty, and lykewise 
 
150 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 ordayned, that all his other Estate in Virginea, should be by 
 her sould, and disposed of for Tobacco, to be conveyed into 
 England, and that a. third parte of the pjoceede therof should 
 be for the vse and benefitt of his said wife and the other twee 
 parts, for his three Children. That the said Sir George soone 
 after the makeing of the said wiU deceased, and the Petitioner 
 marrying his Widowe, did dureing her life wholy referr vnto 
 her, the ordering of all the said Sir Georges Estate who 
 according to the intent of the said will converted such parte 
 therof as aforesaid into Tobacco, and sent the same for Eng- 
 land, which comeing into the hands of Raphe Yardley Citizen 
 and Apothecarie of London, and brother to the said Sir George, 
 and he being by this meanes possessed therof, and vnder- 
 standing that the Petitioners said wife, was since deceased in 
 Virginea, vnder pretence of affection to the said Children pro- 
 cured to himself e, aswell the Administration of the said Sir 
 Georges Estate, as alsoe the Administration of the goods and 
 Chattells of the Petitioners said wife, and being thus possessed 
 of the Estate aforesaid, doth refuse to accounte with the 
 Petitioner for the same, or to come to any reasonable or freindly 
 mediation or agreement with him, and therefore the Petitioner 
 humbly sought to be releiued herein by order from the Board. 
 Theire llordshipps vpon Consideration had therof, conceiueing 
 the Petitioners Case (if it be such as is informed) to be Con- 
 siderable, and to deserue all iust favour and Releefe. And 
 considering the difference betweene them, rests cheefely vpon 
 matter of Accounte doe thinke fitt and order, that the further 
 Examination therof be referred, to Sir Paule Pinder and Sir John 
 Wolstenholme Knights — Perry and — Dauis Marchants persons 
 experienced in busines of this nature, requireing them, or any 
 three of them after due Information had therof, to mediate 
 and settle such an end betweene them (if they can) as shalbe 
 indifferent and equitable, or otherwise to make Certifficate 
 in writinge to the Board, of the true State of the Cause, and 
 in whom the default is togeither with theire opinions con- 
 cerning the same, whervpon theire llordshipps will giue such 
 further order as they shaU find Cause. [pp. 53-54.] 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 151 
 
 [253.] WhitehaU, 2 July : Present :— Lorde Keeper, Lord 
 Treasurer, Erie of Bridgwater, Lord viscount Dorchester, Mr. 
 Treasurer, Mr. Secretarie. 
 
 Whereas a petition was this day presented to the Boarde The 
 by Captaine Luke ffox, wherein he doth humblie remonstrate, Kg^^'* 
 that his Majestic was gratiously pleased to lende the Pinnace 
 called the Charles with the Ordinance, Munition, and four- 
 niture necessarie, vnto the Adventurers for the North-west 
 passage, to be set foorth this spring for the discoverie thereof, 
 but by reason the tyme of the yeare was so farr spent, before 
 the provisions could be made ready, the Adventurers out of 
 their speciall care to take a seasonable and fit tyme, that they 
 may giue his Majesty a good account of their diligence therein, 
 are resolved to def erre the voyage vntiU the next yeare ; havmg 
 before the deferring thereof, bene at the charge of thirty fiue 
 pounds, for bringing the said Pinace from Chatham with 
 docking, graving, and preparing her for the voyage intended. 
 In regarde whereof he doth humbhe sue, that if their lordships 
 shall not thinke fit to appoint the said Pinnace for his Majesties 
 seruice, they wilbe pleased to grant permission to him, and 
 the aforesaid Adventurers, to employ the said Pinnace along 
 the Coast or otherwise, vntill the season shalbe fit for the 
 aforesaid intended voyage, the rather for that it is reported, 
 that she is slowe of saile, and being a cast Ship, and appointed 
 to be solde, may want many repaires, and other Carpenters 
 worke, not yet knowne vnto them, to make her seruiceable, 
 for a voyage of discovery, which wilbe founde by her employ- 
 ments, the Ship much bettered, and the charge past, and to 
 come defrayed : Their lordships having taken this his humble 
 suite into consideration, doe pray, require, and autorise the 
 Lords and others Commissioners for the Admiralty, to cause 
 the same his Majesties said Pinnace, with her Tackle, Ordi- 
 nance, and fourniture, to be lent to the petioner, and the afore- 
 said Adventurers, to be set foorth and employed, either as 
 a mere Man of Warr, or in Marchandising with letters of 
 Marque, vntill the season shalbe fit, for the vndertaking of 
 
152 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 the voyage, for which his Majestie was gratiously pleased to 
 
 lende the same vnto them. [p- 6].] 
 
 [C.S.P. Domestic. 1629-31. p. 300.] 
 
 [254.] Whitehall, 9 July : 
 Canada. Their lordships hauing heard the Reporte of Mr. Attorney 
 
 Generall vpon the examination which he hath taken of 
 Thomas ffitz Marchant by direction from the Boarde, doe 
 thinke fit and Order that the said ffitz may haue permission 
 to goe abrode with a Keeper to performe that which he did 
 offer to Mr. Attorney at the tyme of his examination, and 
 particularly to deposite into the Lorde Mayors hands the 
 Severs which he had taken from the place where they were 
 formerly deposited, by order of the Boarde. And when he 
 shall haue thus yeilded obedience to the Orders of the Boarde. 
 Their Lordships will take farther consideration of him. 
 
 [p. 69. H 1.] 
 [C.S.P. I. p. 118.] 
 
 [255.] Whitehall, 14 July : 
 
 Vpon the humble Petition of Thomas ffitz Marchant now 
 Prisoner in the ffleet, which was this day reade at the Boarde 
 wherein he doth remonstrate, that he hath to his greate losse 
 recovered back all the Beauer skins, which were in his ware- 
 house, and that the same skins are now there againe at their 
 Lordships commande, and doth therevpon humbly sue that 
 he may be releassed from his imprisonment, whereby he doth 
 greatly suffer, both in his credit and Estate. It is Ordered 
 that his Majesties Attorney generall shaU examine the truth 
 thereof, and if he shall finde that it is so as the Petitioner 
 informeth, and vpon good securitie that they shall not be 
 removed from thence, nor any way disposed of without 
 direction from the Boarde he is then required and hereby 
 autorised to take order that the Petitioner may be discharged 
 from his imprisonment, and haue his libertie. 
 
 [p. 78. last If.] 
 [C.S.P. I. p. 118.] 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 153 
 
 [256.] Saint James, 27 July : 
 
 An open Warrant with generaU directions to Captaine Mathew Virginia. 
 Smalwood, Captaine of the Ship called the Tryall of London 
 set forth by Captaine Preene, And is to carry- such Artists, 
 Munition, and provisions, to the Colony in Virgina, as are 
 requisite for the Planters there ; And lykewise to transport 
 thither such passengers, and Mariners, as are to goe in the 
 said Ship, without molestation, or imprest. [p. 88. ^ 1.] 
 
 [257.] WhitehaU, 15 September : 
 
 Whereas Captaine John Preene by an humble Petition Virginia, 
 this day exhibited to the Board, did shew that he haueing 
 sould vnto Captaine William Smyth a Shipp called the Tryall 
 of London for 400Z. to pay 133Z. 65. 8d. in hand, and to 
 procure one Mr. John Smyth to Joyne with himselfe as his 
 surety for the rest being 266/. 135. 4d. to be paid at the end 
 of 12 Moneths following, wherevpon the Petitioner receiued 
 in parbe of the first payment 100?. but the said Smyth hath 
 neither paid the 331. 6s. Sd. nor can he procure his pro- 
 pounded securitie, to stand bound with him. Wherevpon 
 the said Petitioner finding his Shipp at "Drift and damnified 
 to the value of 100/., besides parte of his stores embesiled 
 to the value of 80/. or thereabouts (as is alleaged by the 
 Petitioner, and hopeless of any farther satisfaction from the 
 said Smyth) rigged and prepared her for a voyage to Verginia, 
 by vertue of a warrant from the Board, beareing date the 27th of 
 July last, Neuertheles the said Smyth hath arrested the said 
 Shipp as his o wne, merely to hinder, and ouerthrow the Voyage, 
 and to preiudice the Plantation, by staying the Artificers, and 
 promsions alredy prepared, and furnished for that service, 
 In consideration whereof, and that the said Captaine Preene, 
 maketh offer to giue good Bayle to Sir Henry Martin, or his 
 Surrogate, to answer the suite at Law, wee doe therefore 
 hereby wiU and require the said Sir Henry Martin or his 
 Surrogate presently vpon sight hereof to giue effectuall order 
 to 4 of the Masters of the Trinity house to vieu and apprize 
 the said shipp ; And vpon retoume of the Apprizment vnto 
 them or either of them, to take sufficient bayle of the said 
 
154 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 Captaine Preene as aforesaid, and that being done likewise 
 to giue direction to the Officers of the Admiralty, and all 
 others whome it may concerne to suffer the said Shipp togeither 
 with her furniture passingers, and lading to proceed on her 
 intended voyage. [p. 104. last ^.] 
 
 [C.S.P. I. p. 120.] 
 
 [258.] Hampton Court, 29 September : Present : — Lord 
 Keeper, Lord Treasurer, Lord President, Lord Privie Seale, 
 Earl Marshall, Lord Chamberlaine, Earl of SaUsbury, Earl of 
 Carlile, Earl of Holland, Earl of Monteith, Lord Viscount 
 Dorchester, Lord Viscount Wimbledon, Lord Viscount fifalk- 
 land, Mr. Vice Chamberlaine, Mr. Treasurer, Mr. Secretary 
 Coke, Sir William Alexander. 
 
 Massa- Whereas a Petition was this day presented to the Board. 
 
 Bay. '^^ th® behalf e of the Gouernor, and Companie of the Matta- 
 
 cheusetts Bay in now England, in America, whereby they desired 
 (amongst other things) leaue to transport certaine Corne, and 
 other necessarie prouisions for the releife of the Plantation 
 theire, which the Board thought fitt to graunt vnto them, 
 as also for the preuentmg of disorderly Trade, of ffishermen, 
 and other interlopers, that a Proclamation sett out by King 
 James of blessed memorie beareing date the 6th of Nouember 
 in the 20th yeare of his Raigne should be renewed with some 
 other needfull and benificiall additions which may tend to 
 the safety and prosperitie of the said Plantation. The Board 
 being allwayes ready to giue their best assistance to works 
 of this kinde, which ayme at the propagation of the Christian 
 Religion, the honor of his Majestic, and increase of Trade, 
 thought fitt and ordered that his Majesties Attumey generall, 
 shall be prayed and required to call vnto him the Gouernor, 
 or such assistants rf the said Companie, as are here in 
 England, and vpon conference with them to insert them into 
 a draught of a Proclamation, and prepare a bill fitt for his 
 Majesties Royall signature accordingly.* [p. 118. ^f 2.] 
 
 • This permission was given to Massachusetts though there was so great 
 a tamme m England that all export of grain and beer had been prohibited. 
 10 prevent the undue use of wheat, restrictions had been put ou the 
 makmg of beer, starch &c; 
 
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 155 
 
 [259.] Hampton Court, 29 September : Present : As before. 
 
 Captaine William Smyth haueing this day shewed to the virgii 
 Board, by his humble Petition, that he had bought a Shipp 
 called the Tryall of Captaine John Preen, and had formerly 
 the possession of the said shipp, hauemg paid lOOZ. in parte 
 of payment, and bestowed to the value of 400Z. in rigging and 
 prepareing her for a voyage. And that notwithstanding the 
 said Shipp was to be appraised, and possession thereof to be 
 dehuered to the said Preen (he giueing in bayle to Sir Henry 
 Martin) by vertue of a Warrant from this Board of the 15th 
 of this Instant as in the said Petition more at large is 
 expressed ; On the other side the said Captaine Preen 
 complained of great preiudice that he had receiued, by the 
 not payment of the full somme according to the bargaine 
 betweene him and Captaine Smyth, fforasmuch as this 
 buisines dependeth in the Admiralty Court, and diuers Wit- 
 nesses haue bin examined there, insomuch as the said 
 Captaine Smyth sett forth in his Petition, that he had desired 
 publication, and is willing within three dayes to proceed 
 to sentence, if the said Captaine Preen be so content. Their 
 Lordshipps haueing considered of the allegation on both 
 sides, and finding that the finall decision, and ending thereof, 
 is most proper to the Admiralty Court, [do refer it 
 thereto.] [p. 118. H 3.] 
 
 [260.] Ibid. 
 
 Whereas a Motion was made to the Board, m the name of 
 the ffrench Ambassador residing here. That the goods brought 
 home in the Shipps lately retourned from Canada, might be 
 sequestred, supposeing that some of the said goods might 
 be taken from the ffrench. The Board haueing this day called 
 the Aduenturers trading to Canada before them, and strictly 
 examined them whether they had brought home any goods 
 or Marchandiije taken from the ffrench, who did constantly 
 aiiirme, and protest, that they had brought home this Voyage 
 no goods but onely such as they had bought and bartered 
 for with their owne proper goods by way of Trade, and further 
 
156 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 that they had neither seene, nor had any difference, with any 
 of the ffrench Kings Subjects, either at Canada, or in the Voyage 
 outward, or homewards bound. Their Lordshipps finding 
 no cause to graunt the sequestration desired, dismissed the 
 said Aduenturers with permission to dispose of their said 
 goods, and Marchandize, to theire owne best benifitt and 
 advantage. Prouided neuertheless that the said Aduenturers 
 doe make a perfect Inuentorie, containing the quantities, and 
 qualities of their said goods, and deliuer it to Sir Henry 
 Martin knight Judge of the Court of Admiralty, to remayne 
 with liim vpon all occasions. [p. 121. last ^.] 
 
 [26].] , 20 September: 
 
 Virginia. A Letter to the Gouernor and Counsell of Virginia. 
 
 Complaint hath bin made both to his Majestie, and this 
 Board against you in a petition presented by the brother of 
 Doctor Pott, a man that hath bin employed as you are, and 
 for ought wee yett know to the contrary, hath demeaned 
 himselfe weU, and wee haue heard two Certificate read 
 at the Board, the one from Captaine Richard Stephens of the 
 Councell there, and the other from Captaine Thomas 
 Willowby, which seeme to importe some hard measure against 
 him. But wee are not apt to giue creditt to any Complaints 
 of this kinde, against a man that is intrusted by his Majestie 
 m a place of gouemment as you are. And therefore wee 
 haue sent you the said Petition that was exhibited to his 
 Majestie, the other that was presented to the Board being 
 to the same effect, to th'end that you may take it into con- 
 sideration, and therevpon proceed according to Justice, and 
 the orders Estabhshed in that Gouemment which wee pray 
 and require you to doe with conuenient expedition, that so 
 there may be no further iust cause of complaint, withall 
 assuring you, that ill grounded Clamors shall haue no coun- 
 tenance from hence, but in the meane while we further pray 
 you to call the said Doctor Pott before you, and aU the rest 
 of the Councell there, and to giue him a fuU hearing in such 
 
1630.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 157 
 
 matters as he may stand charged withall, or can alleage for 
 his iustification. [p. i25. Ust %] 
 
 , „ [C.S.P. L f. 121.1 
 
 [262.] , 30 September : y- f i 
 
 A Letter to the Gouernor and Councell of Virginia. Virginia. 
 Whereas Thomas Grendon hath by his petition humbly 
 represented vnto vs, that he haueing disboursed to the value 
 of 1400?. in diuers partes of Virginia, for the furtherance, 
 and benifit of the Plantation there, and finding the people 
 there planted, haue applied themselues onely to the planting 
 of Tobacco, which is the decay of that Plantation, to which 
 wee gme no incouragment or Licence. And that the said 
 Grindon hath lately at his farther charge sent into those 
 partes diuers ingenious Artificers for the makeing of Artificiall 
 Mills vsefull for sundrie Comodities, And Sawes, for the sawing 
 of Timber for diuers purposes ; as also other people skillfull 
 in makeing Rape Oyles, and Sope Ashes, all which are things 
 vsefull, and necessarie for this Kingdome ; his intention being 
 to bend all his indevors for the imployment of his Majesties 
 Subjects, and the good of the Common Weale. Wee haueing 
 taken the said Grendons petition, and relation into due con- 
 sideration, and conceiueing therevpon that his good indeauors 
 aboue mentioned deserue countenance and incouragement 
 doe earnestly recommend him, and his said vndertakeings 
 vnto you. [p. 128. last ^.] 
 
 [263.] Whitehall, 29 October : 
 
 Whereas the Board was this day made acquainted by Sir Virginia. 
 John ffinch Knight that the now Gouernor of Virginia had 
 ellected and established Henry ffinch brother to the said Sir 
 John Councellor and Secretary there ; Whereof theire Lord- 
 ships (taking good knowledge of the quallitie and sufficiencie 
 of the Gentleman) did well approve : fforasmuch as the said 
 Sir John ffinch did now humbly move theire Lordships, that 
 considering ordinarily the Secretary there, was remou cable 
 vpon the death or change of euerie Gouernor, that therefore 
 they would be pleased in favour of him and his said Brother, 
 
158 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 
 
 soe to establish him in the said place, as to continue the same 
 during the pleasure of his Majesty or this Board, and not to 
 be remoueable otherwise. [The Attorney General is] re- 
 quired to drawe vp a Bill ready for his Majesties signature 
 contayning a Graunt of the said Secretaries place of Vir- 
 ginia to the said Henry ffinch during his Majesties pleasure. 
 
 [p. 143. last 11.] 
 
 [264.] Whitehall, 31 October: 
 Virginia. A letter to the Governor of Virginia. By your letter of 
 
 the 29th of May last, wee haue receaued an Account 
 of your proceedings since your coming thether as well in 
 pursueance of the Instructions given you, both from his Majesty 
 and this Board, as also of such other particulars mentioned in 
 your said letter, as tende to the rectifieing of abuses and the 
 advancement of that Plantation. In all which wee finde cause 
 well to approve of your Judgment and Industry, and par- 
 ticularly of the course by you taken, against Dr. John Potts 
 whose lewde and Insolent practizes and behaviour (if they be 
 such as are informed) have well deserued a more severe and 
 exemplary punishment then that wherewith you haue 
 acquainted vs ; And doe therefore thinke fitt that you 
 further proceed against him according to his demerittes. 
 And in Case you shall finde him for the future to perseuer in 
 the lyke enormeous courses and demeanor soe much to the 
 disturbance of that Plantation and the orderly gouernment 
 thereof, that then you cause him to be sent ouer hether in safe 
 custody, to be proceeded with heere as shalbe thought fitt. 
 Soe assuring ourselues that you will goe on as you have well 
 begunne, in discharge of the great Trust comited to you by 
 his Majesty for the good and improavement of that Plantation, 
 and assuring you likewise that wee will not be wanting to 
 represent to his Majesty your seruices and good endeauors 
 to your best aduantage, vpon all occassions. 
 
 Postscript.— In Case any letter of this Board of a former 
 date, on the behalfe of the said Dr. Potts, come to your 
 hands, the same being procured (if any such be) surreptitiously 
 
1630-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 159 
 
 and by misinformation, you are notwithstanding the same 
 to proceede against him according to the direction of these 
 our letters. ^p 144 ^ 3.] 
 
 [265.] Whitehall, 10 January: signed :— Lord Keeper, 
 Lord Previe Seale, Earl Marshall, Earl of Sahsbury, Earl of 
 Holland, Mr. Treasurer, Mr. Secretary Coke. 
 
 A Letter to the Lord Vere. His Majestie hath lately Weat indie, 
 by Patent giuen leaue to our very good Lord the Earle 
 of Warwick, and others to settle a Plantation in 
 certaine Island in the Coast of America, to which 
 places there are already transported men and pro- 
 uisions. And it is his Majesties pleasure (vpon the 
 humble suite of the said Earle) that he shall Shipp 
 and Carrie thether twenty peeces of Ordnance, with their 
 Carriages, and appurtenances, and one last of Powder, for 
 the defence, and safety of those Islands, and their Trade, 
 fEor the doing whereof we pray your Lordship to giue 
 Warrant and direction accordingly, the Earle of Warwick or 
 his Assignes paying for the same, for which this shall be to 
 your Lordship Sufficient Warrant. [p. £83. 1| 1.] 
 
 [266.] Whitehall, 4 February : 
 
 Wheras the Board was this day made acquainted aswell Weat indies 
 by the humble petition of the Planters and Aduenturers to 
 the Caribbee Islands, as by the Earl of CarlUe present in 
 Councell of the greate distresse wherin the said Planters and 
 theire servants, were at this present by reason of the greate 
 want of bread, and other victualls there. fEor whose releefe 
 there being as is lykewise informed six Shipps now bound thither 
 in each of which there is to be transported twentie Hogsheda 
 of Meale, with other provisions of victuall, all or the most 
 parte akeadie put aboard. It was therfore moued that Lycence 
 mought be giuen for transportation therof, notwithstanding 
 the stay therof made by the Customers. Theire llordshipps 
 well allowing therof did thinke fitt and order, that the same 
 
160 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 
 
 be recom ended to the Lord Treasurer, to giue order to the 
 officers of the Customes therein accordingly. 
 
 [p. 337. last ^.] 
 
 [267.] Whitehall, 2 March : 
 Canada. Whereas the Adventurers for Canada made humble Sute 
 
 to the Boarde for permission to buy one hundreth quarters 
 of Pease here m London and to embarque the same in the 
 Ships which they now are sending for Canada aforesaid : 
 And whereas also they made lyke Sate for permission to 
 ship and embarque for the same purpose one hundreth hogs- 
 heads of Meale, which they haue prouided at Plymouth Their 
 lordships thinking fit to graunt both these their Suits, doe 
 therefore pray and require the Lorde Treasurer to take notice 
 thereof, and to giue permission accordingly, the Petitioners 
 gluing good securitie that the same shall onely be employed 
 for the vse of the Company now resyding in Canada, and of 
 those that are now to goe in the Ships which the saide 
 Adventurers are sending thither. [p. 377. ^f 1.] 
 
 [268.] Whitehall, 6 March : 
 New Whereas Captaine Henry Keyes hath made humble sute 
 
 England. i . -r. n p • • 
 
 to this Boarde tor permission to transporte thirtie quarters 
 of Meale, and twenty quarters of Pease, from the Porte of 
 Portsmouth to Pascatoway in New-England, for the rehefe of his 
 Majesties Subjects the planters there, who through want of 
 such supply are not able to proceede to a farther discovery 
 of those partes, fforasmuch as it is meet that a seruice of 
 that Nature should haue all convenient furtherance and 
 encouragement, [the Lord Treasurer is directed to give 
 order accordingly]. [p, 382. last %] 
 
 [269.] Whitehall, 12 March: 
 
 Tobacco. A Letter to Sir James Bag Vice Admirall of the County of 
 
 Deuon. We are giuen to vnderstande that a Ship laden by 
 
 Mr. John Deloudp [Delond] with Tobacco from Virginia and 
 
 St. Christophers, ^s lately arrived at Ilforde Combe, which 
 
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 161 
 
 by his Majesties Proclamation lately published ought to be 
 brought about to the Porte of London. These are therefore 
 to pray require you to take present Order, that the 
 saide Ship with her lading of Tobacco, may be accordingly 
 brought to the saide Porte of London at the charge of the 
 Marchant, or if he shall refuse to doe it in such maner as is 
 fit, but most convenient for himselfe in diuerse respects, then 
 you are to receiue the saide Ship and goods by inventorie with 
 the Marchant into your charge, or if you finde difficultie therein, 
 you are to make vp the hatches, and bring the Master and 
 Purser about with you, in the Ship, and to man and victuall 
 the Ship, and sende it to the saide Porte of London with all 
 convenient speede. [p- 393. 1| 2.] 
 
 [270.] Whitehall, 12 April : 
 
 A Letter to Sir James Bagge vice AdmiraU of Deuon. Tobacco. 
 Whereas we are informed that one Capt. Peeter Andrewes is 
 lately come from Virginia in a Shipp laden with Tobacco 
 now putt into the Porte of Plymouth and intends to conuey 
 the same from thence into the Lowe Countryes contrary to 
 his Majesties Proclamation on that behalfe. These shall be 
 therefore to authorise and require you to cause the said Capt. 
 Andrewes to giue good Security to the full valew of the said 
 Tobacco and for the brmging of the same to his Majesties 
 Custome house at the Porte of London or otherwise vpon his 
 refusall so to doe that you detaine the said Captaine with the 
 Shippe and Goodes therein vntill further order for which this 
 shall bee your warratint. [P- 446. ^ 5.] 
 
 A like Letter to Captaine Mince, Captaine of one of his 
 Majesties Shipps riding in the Downes. [p. 447. Ij 1.] 
 
 Another Letter to the Lord Treasurer to giue like directions 
 to his Deputy or Officers in the Isle of Wight if the said 
 Captaine Andrewes come vpon those Coasts. [p. 447. H 2.] 
 
 [271.] Ibid. 
 
 Another Letter to Sir James Bagg Knight. Wheras by our Tobacco. 
 Letter of the 22th of March we gaue you order to send from 
 
 11 
 
162 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 
 
 Elford Combe, or Bamestable to London, all such Tobacco 
 as was brought into that Porte from Virginea. But forasmuch 
 as we are informed that the Shipp which brought thither the 
 said Tobacco is leake and insufficient, and that the owners 
 of the Tobacco, conceaues it wilbe more comodiously trans- 
 ported from Barnstable to Bristoll, and from thence to 
 London, by Land, and yet neuerthelesse will not vndertake 
 the doeing therof himselfe, which if he or they shall againe 
 refuse as alsoe to giue Bond for the due performance therof. 
 Theise are to authorize you or your Deputy to take the said 
 Tobacco by weight into your Custodie, and to require the 
 owners therof, and the officers of the Custome house to be at 
 the weighinge therof, and the same to send from Bamestable 
 to London by Sea, or from thence to Bristoll by Water, and 
 thence to London by Land, takemg Care that none be 
 imbezelled but that all be deMuered into his majesties Store- 
 houses at his Custome house in London. And for your better 
 doeing hereof. Theise are to authorize and require you, to 
 take vpp and presse, a fitt Barke or Shipp, and a convenient 
 nomber of Seamen and Mariners, for which this shall be your 
 Warrant, &c. [p. 447. v 3 j 
 
 [272.] Whitehall, 14 April : 
 
 A letter to Captain Mennas, Captain of one of his Majestys 
 ships riding in the Downs, [repeating the letter of 12 April 
 with the addition] :— These are further to will and require 
 you to make stay of the Shipp called the Christopher and Mary, 
 and of another called the Love, or of any other Shipp or Shippes 
 that shall come from Virginia, with Tobacco into those 
 parts where you are ; for which this shall bee your warrannt. 
 
 ip. 451. H 2.] 
 
 [273.] WhitehaU, 31 May: 
 
 West Indies. Whereas our verie good Lord, the Earle of Carhle hath 
 
 appomted a Shipp of 150 Tonns called the Robert Bona- 
 
 venture of Plymouth to be sent with fiftie men, as Planters 
 
 to the Island called St. Christophers, or anie other of the Caribe 
 
 Tobacco. 
 
1631.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 163 
 
 Islands, within his Lordshipps Plantations. Theise are there- 
 fore to will and Comand you and eiiery of you, whome it may 
 concerne to permit and suffer Robert Trelawny Robert Gande 
 [? Gaude] or anie other aduenturers in the said Shipp, to lade 
 and transport a sufficient proportion of Victualls, Beare, and 
 other provisions necessarie, to serue for 50 : men (besides the 
 Shipps Companie, for a whole yeare, for which this shall be 
 your warrant. [p. 551. ^| 1.] 
 
 CHARLES I. VOLUME VII. (1 June 1631-30 Ap. 1632.) 
 [274.] WhitehaU, 30 June: 
 
 A Letter to the Gouemor and Councell of Virginea. Virginia. 
 Whereas by former Letters from this Board, of the last of 
 Aprill 1630 : We recomended vnto your especiaU Care, the 
 busines of Mr. John Woodhall, an Aduenturer and Planter 
 in that Collony, concerning the restoreing him to his right 
 in an Estate of land and Cattell which he had heretofore 
 purchased of the heires of Sir Samuell ArgoU Knight, 
 fforasmuch as the said Mr. Woodhall hath now againe com- 
 playned vnto vs, that notwithstanding our said Letters, his 
 cause is still delayed there, and he as yet frustrate of any 
 Releefe therin through the opposition and practize of some 
 of you of the CounceU who being the cheefe detaynors of his 
 said land and Cattell from him, are both parties and Judges 
 in the Cause. As we cannot but marvell at such your neglect 
 of the Comaunds, and Recomendations from this Board and 
 haue iust cause not onely to blame you for the same but for 
 your partiaU and delatory proceedings (if they be such as is 
 informed) in the administration of Justice. And being ever 
 carefull not to suffer the same to be interrupted or preiudiced, 
 out of priuate Respect or Interest of any particular persons 
 whatsoeuer. Soe we doe hereby againe expressly will and 
 require you, to afford the Petitioner expedite Justice, with 
 aU lawfull favour, that he may enioy the benefitt intended 
 
164 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 
 
 him by our said former Letters, and haue noe further cause 
 to complaine or trouble this Board concerning the same. 
 
 [p. 71. last %] 
 
 [275.] WhitehaU, 15 July: 
 
 Virginia. Vpon a Petition of the Planters of Virginia being at this 
 
 present in Englande, wherein they humbly sue for the reasons 
 conteined in the saide Petition, that they may haue Bils of 
 store without Custome and Impost, for the Tobacco which they 
 haue now in England amounting to one hundreth thowsande 
 weighte or thereabout, hauing bene brought in severaU ships ; 
 It was Ordered that they shoulde attende the Lorde high 
 Treasurer, and the Lorde Cottington Chancellor of the 
 Exchecquer, who were prayed to treate with them vpon such 
 Propositions to be by them made as might be thought reason- 
 able and indifferent for the sethng of that busines ; Where- 
 upon the saide Lord high Treasurer hauing called before him 
 the aforesaid Planters and the ffarmors of the Customes did 
 Order that a thirde parte of the quantity of Tobacco before 
 mentioned, should be deHuered to the Owners by Bills of 
 Store, and that for the rest, vizt the other twoe thirde partes, 
 they shall pay foure pence a pownde custome and impost 
 to the King, and that onely those shalbe comprehended in 
 this Order whose names are set downe in the annexed Schedule ; 
 Which Order was this day approved and ratified by the 
 Boarde. 
 
 A Note of such parcells of Tobacco as the Planters 
 of Virginia now in Englande haue come home this yeare 
 in severall shipps. 
 In the Ship the Christopher and Marie, 
 markt I. S. Inprimis Joseph Stratton 32 Hogsheads, 4 
 
 Butts, 1 chest, 
 1 Barrel!, 
 markt E. R. Itm Edward Johnson . . 2 hogs, 
 markt H: L. Itm Thomas Atwell . . .. 10 hogs, 
 markt G. B. Itm Anne Burcher . . . . 4 hogs, 
 markt J : B : Itm Joseph Brewer . . . . 82 hogs. 
 
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 165 
 
 markt M. 
 
 J: 
 
 markt R : 
 
 F 
 
 markt R H 
 
 markt S ' 
 
 3 
 
 markt P : 
 
 C: 
 
 markt R 
 
 : S: 
 
 markt S : 
 
 C: 
 
 markt A 
 
 : R: 
 
 markt G 
 
 : B: 
 
 Itm margaret Jones 
 Itm Robert ffit 
 Itm Randel Holte . 
 Itm Simon Sturgis . 
 
 6 hogs. 
 12 hogs. 
 
 6 hogs, 1 Barrel. 
 14 hogs. 
 
 markt A : W : 
 markt F F &c 
 
 markt E : F. 
 markt P : C 
 markt C F 
 
 In the ship called the Vnicorne. 
 
 Itm PercivaU Champion 9 hogsheads, 
 
 Itm Robt. Sabin 
 
 Itm Silvester Colton 
 
 Itm Dorothy Keinston . . 
 
 Itm Anne Burcher . . 
 
 Itm Robt. Scotsmore 
 
 Itm Mrs. Pott 
 
 Itm Mr. Grindon 
 Itm John Brewer 
 In the Ship called the Loue 
 Itm Antony WiUs . . 
 Itm fEarrar fflinton . . 
 
 markt R : 
 markt R : 
 markt P : 
 markt W 
 markt R : 
 markt E : 
 markt W 
 markt W 
 
 M: 
 C: 
 C: 
 
 R 
 S: 
 F. 
 
 R 
 
 T: 
 
 8 hogs. 
 
 3 hogs. 
 
 6 hogs: 1 Barrel. 
 
 2 hogs. 
 
 1 hogs. 
 13hoggs:8Butts 
 
 2 hogs. 
 
 Itm Edward ffisher . . 
 
 Itm PerciuaU Champion 
 
 Itm Clement Jones . . 
 
 Itm John Chue . . 
 
 Peter Stafferton 
 
 In the Ship called the Jane. 
 
 Itm Mr. ffarrar 60 hogsheads 
 
 16 hogsheads. 
 10 hogs: 6 markt 
 F. F : and 4 
 D: W: 
 13 hogs. 
 3 hogs. 
 10 hogs. 
 6 hogs. 
 20 hogs. 
 
 Itm Mr. Thomas Palmer 
 Itm Rich : Machinn . . . 
 Itm Robert Clements 
 Itm PerciuaU Champion 
 Itm Wm. CasteU 
 Itm Robt : Sabin 
 Itm Edward ffisher . . 
 Itm WatsaU Roynor 
 Itm Wm. Turner .. . 
 
 Thomas Osborne . . . 
 
 30 hogs. 
 
 4 hogs. 
 
 6 hogs. 
 
 6 hogs. 
 15 hogs. 
 
 3 hogs. 
 
 2 hogs. 
 
 6 hogs. 
 
 6 hogsheads : 3 
 
 barr: 
 xi. hogs. 
 
Tobacco. 
 
 Guiana. 
 
 166 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 
 
 In the Ship called the Philip, 
 markt H : H : Itm Henry Hartwell . . 4 hog3. 
 Wm. Harris xi. hogs markt 
 
 W : H : and 2 W : B :— 13 hogs, 
 markt T : C : Robt. Scotsmore . . . . 8 hogs. 
 
 Anne Burcher 2 hogs. 
 
 Mrs. Hill 2 hogs. 
 
 Mrs. Barnaby 10 hogs. 
 
 Captame ffrancis Baldwine 6 hogs : and 1 
 
 Chest. 
 
 Hannah Snode 01 hogs. 
 
 Ehz : Johnson 03 
 
 Mr. Hotchkins 18 hogs. 
 
 Mr. fflinton more then for- 
 merly iiOlbs. Tobacco in Rolle. 
 one Janes a very poore woeman 4 hogs. 
 
 Ehz : Peddock 12 hogs. 
 
 Clement Evans 10 
 
 Mary Harvy 6 
 
 Christopher Bancks . . . . 6 
 
 [pp. 100-101.] 
 
 [276. J Whitehall, 15 July : 
 
 Whereas the Boarde is informed that there is a Ship 
 lying in the Riuer of Thames called the Jane laden with 
 Tobacco the Master whereof doth keepe all the Tobacco a 
 Boarde for freight, and wiU not sufEer the same to be landed 
 and brought into the Kings storehouses : It is therevpon 
 Ordered that the saide Tobacco shalbe landed and brought 
 into the saide Storehouses that his Majestyes duetyes may 
 be paide. Whereof the Lorde Treasurer is prayed and 
 required to take notice, and to giue efEectuaU Order that the 
 same be perfourmed accordingly. [p. 103. ^ 2.] 
 
 [277.] WhitehaU, 22 July : 
 
 Whereas our very good Lorde the Erie of Barkshire hauing 
 bestowed great costes in making a Plantation in the Southerne 
 Continent of America and shall haue necessary vse for diuerse 
 
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 167 
 
 pieces of Ordinance, both for the fournishing of such Ships 
 as his Lordship shall haue occasion to sende thither. As also 
 for the better strengthening and fortifying of the saide Plan- 
 tation against the invasion of an Enimy, and doth therefore 
 desire he may buy for his money ffifty pieces of these severall 
 sortes, vizt fowre Culverin, fower demi Culverin, twelve 
 Saker, Twelue Minion tenne ffaulcon, foure Saker-Cutts, and 
 foure Minion Cuts. These are therefore to signify vnto all 
 such persons whom it may any concerne, that they are not 
 to interrupt or hinder the saide Erie either from buying, putting 
 on Shipboarde, or from transporting any such Ordinance, 
 not exceeding the number nor the seueral sortes before specifyed 
 in this our Warrant, prouided also that good security be 
 giuen that they shall not be otherwyse employed then for the 
 saide Ships and Plantation And this shalbe their warrant. 
 
 [p. 116. 11 1.] 
 
 [278.] Whitehall, 24 July : 
 
 Twoe Letters of the tenor following, the one to the Justices EngUsh 
 of Peace of the County of Gloucester, the other to the Justices ° 
 of the Peace of the County of Worcester. Wee could not 
 haue behaved that after so many commands by his Majesty, 
 and his royal ffather of blessed memory by ther royal Pro- 
 clamations grounded vpon such weighty reasons as are therein 
 expressed, anie man would haue presumed to haue planted, 
 or maynteined anie Enghsh Tobacco, which hath beene found 
 so full of inconvenience, vntill wee haue beene lately informed 
 that in diuerse partes of this Kmgdome especially in 
 that County of Gloucester there is yet great quantitie of 
 Enghsh Tobacco planted and continued contrary to these 
 strict prohibitions. [You are therefore to send] for the 
 Conestables and head-bourroughes of those parishes and 
 places where of youre owne knowledge, or by credible iofor- 
 mation you shall vnderstand Tobacco to be planted or 
 maynteined, and shall commande them in their owne persons, 
 taking vnto them such of their neighbors for their assistance 
 as they shall thinke fit vtterly to destroy the saide Tobacco, 
 and to certifie vnto vs the names of all such as haue offended 
 
168 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 
 
 herein, or shall make anie resistance against the destruction 
 of such Tobacco, and lykewyse the names of such Officers 
 as shall negligently execute his Majesties commands signifyed 
 by these our Letters, ffor which purpose wee haue sent one 
 of the Messengers of his Majesties Chamber to attende yow 
 with our Letters, by whom, upon his returns wee expect an 
 Account from yow of this seruice. [p. 121. ^f 2.] 
 
 [279.] Whitehall, 14 October : Present : — Lord Keeper, 
 Lord Treasurer, Lord Priuie Scale, Earl Marshall, Earl of 
 Kelley, Lord Viscount ffalkland. Lord Bishop of London, 
 Mr. Secretary Coke. 
 Canada. Whcras Capt. Kirk and others, the Aduenturers of Canada, 
 
 did humbly shew to the Board that they haueing the sole 
 trade into those parts granted vnto them prohibiting all others 
 to trade thither. That neuerthelesse divers persons vizt 
 John Baker, James Ricroft, Capt. Eustas Man Henry West 
 and others, haue as Interlopers presumed to carry away a 
 greate parte of the said Trade to the greate Dammage and 
 disablement of the Aduenturers to mayntayne theire CoUony 
 there for defence of the said Isle, and to proceede in the said 
 Trade, fforasmuch as the said persons were thervpon this 
 day convented before the Board some of the said Aduenturers 
 being then alsoe present. And vpon entrance into the heare- 
 ing of the Cause, however the said Information in the generall 
 appeared to be true ; yet for that the examination of divers 
 particulars, obiected on either parte, required a further tyme 
 then the leisure of the Board would permitt. Theire Uordshipps 
 did think fitt and order that the further examination therof 
 be referred to Mr Seriant Berkley, Sir Wilham Becher, and 
 Mr. Nicholas authorizing and requireing them, to call for 
 and pervse all such writings Letters Charter parties and 
 Bookes of Account, as they shall thinke fitt, as lykewise to 
 call before them, and examine, aU such persons as they shall 
 find cause, aswell for the finding out of the Contemptuous 
 carriage of the said persons complayned of, as for the dis- 
 couerie of the particular goodes and Comodities and the true 
 
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 169 
 
 valewe of the same by them brought from thence. And ther- 
 vpon to make Certifficat to the Board, to the end such further 
 order may bee giuen as shalbe requisite. Lastly it is ordered 
 that the said persons complayned of, shall enter into sufficient 
 Bond to his majesties vse, before the Clerk of the Councell 
 Attendant, not to sett out from hence forth, any more Shipps 
 to trade thither without Lycence from his majestic or this 
 Board. And shall giue theire attendance de die in diem and 
 not departe the Towne vntiU further order. Which Bond if 
 they shall refuse to enter into, then to stand comitted to the 
 custodie of a Messenger vntill they shall conforme them- 
 selues, [p. 191. last *^.] 
 
 [C.S.P. I. p. 135.] 
 [280.] Whitehall, 28 October : 
 
 An open warrant to the Marshall of the Admiraltie. §*• . , , 
 
 Chnstopher. 
 
 Wheras we are informed that Capt. Cock Master of the Shipp 
 called the Anne and Elizabeth of London, lately come from 
 St. Christophers laden with Tobacco, and now lying neere 
 Tilbury, intendeth to carry the said Shipp with her ladeing 
 for forraigne parts, contrarie to former orders on that behalfe 
 made, and to the defraudeing of his majestic of the duties 
 thervpon due. Theise shalbe therfore to will and require 
 you, to make your ymediate Bepaire to the said Shipp, and 
 to cause the same to be forthwith brought hither into the 
 Porte of London. And in case the said Cock, shall not 
 bring vpp his said Shipp accordingly. That then you take him 
 into your Custodie, and bring him before vs, to answer his 
 Contempt. Wherof you may in noewise fayle. And this 
 shalbe your warrant. [p. 206. ^ 3.] 
 
 [281.] Ibid. 
 
 Wheras the aduentures to Canada, did this day Canada, 
 petition the Board. Shewing that they haueing by Grant 
 from his majestic the sole trade to Canada inhibiting all 
 others, to trade thither, and being at a greate and dayly 
 charge, in the defending and keepeing the fEorte, and Country 
 there and manageing the said Trade. That neuerthelesse 
 
170 ACTS OF THE PRIVY COUNCII. (COLONIAL) [1631. 
 
 one Richard Brereton, Wolston Gosline (Captain and Master of 
 of the Shipp called the Whall of London), Maurice Tompson, 
 and others well knowing the premises, haue in contempt of 
 his majesties said Grant, and to the greate damage of the 
 Petitioners presumed to trade thither, and bring thence 
 Beauer Skinns, and other Comodities to a greate valewe, and 
 are now retouming home with theire Shipp and ladeing, and 
 therefore humbly besought the Board asweU that the said 
 persons might vpon theire arriuall be sent for to answer theire 
 Contempts as lykewise that seizure may be made, of the 
 said Shipp and goods. Theire Uordshipps vpon Consideration 
 had therof [gave order accordingly]. [p. 210.] 
 
 Newfound- 
 land. 
 
 Canada. 
 
 [282.] Whitehall, 4 November : 
 
 Whereas the Inhabitants of the Westeme partes vsing the 
 ffishing of Newfound-land, haue now lying on their hands, 
 greate store of Newfound-land fish and Pilchards taken on 
 the Westeme Coast which they cannot vent here in England, 
 nor make sale thereof to Strangers vnlesse the said Strangers 
 may carry the same in their owne Vessels : Their lordships 
 considermg the maintenance of manie thousand persons that 
 depende vpon the same, and is a great Nourserie of Seamen, 
 and Mariners, and an enorease of Nauigation, doe thinke 
 fit and order that the Inhabitants aforesaid shall haue per- 
 mission, hac vice tantum, to sell, their Newfound-lande fish 
 and Pilchards to Strangers to be caryed away by them in their 
 owne Vessels notwithstanding anie prohibition of transpor- 
 tation in foreine bottomes. Whereof the Lorde high-Treasurer 
 is prayed and required to take notice, and to giue directions 
 accordingly. [p. 224. last %] 
 
 [283.] WhitehaU, 16 November : 
 
 Whereas the Cause concerning Canada is now in agitation 
 and handMng in ffrance, the accommodating whereof doth 
 greatly import the good agreement betweene the twoe 
 Crownes : fforasmuch as diuerse thinges are to be done for 
 the setthng of that businesse, which thinges cannot be done, 
 
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 171 
 
 vnlesse Sir Isac Wake his Majesties Ambassador there be well 
 instructed, by the Adventurers here, so that he may throughly 
 vnderstande the particular state of the saide cause, which the 
 said Aduenturers haue not yet done : It was therefore this 
 day Ordered vpon a motion made by the Lorde high Treasurer 
 that the aforesaid Adventurers shall presently sende over a 
 person fully instructed, according to his Majesties Letters 
 directed to them to that purpose to attende Sir Isac Wake, 
 who wiU giue them all due assistance and fartherance. And 
 Captaine Kirck who did then attende the Boarde, was expresly 
 required to giue notice thereof vnto them. [p. 242. ^ 2.] 
 
 [Repeated on pp. 243-4.] 
 
 [284.] Whitehall, 18 Nouember: 
 
 Vpon information given to their lordships that one Mr. Virginia. 
 Bennet a Marchant dweUing in Croched fEriers had bought 
 three hundreth quarters of meale, which were not dehvered 
 in open Market whereof he had barrelled vp, fiue and fifty 
 quarters, it being suspected that he purposed to transport 
 the said meale beyonde the seas, Hee was commanded to 
 attende the Boarde, which hee did accordingly, and being de- 
 manded what he intended by buying so much meale in such 
 maner acknowledged, that his intention was to sende it into 
 Virginia for the supply and fournishing of the Plantation there. 
 Wherevpon it was ordered, that Mr. Attorney general shal 
 sende for the said Mr. Beimet, and throughly examine the 
 matter with the dependances thereof, and lykewise sende to 
 Sir John Wolstenholme to haue informabion from him what 
 course is held concerning the exporting of anie comodities to 
 Virginia, and particularly whether it be by particular hcence, 
 at everie exporting, and in what maner, and that he shall 
 make reporte of all to the Boarde. [p. 246. ^ 2.] 
 
 [285.] Ibid. 
 
 [Sir Henry Martin, Judge of his Majesty's High Court of Canada. 
 Admiralty, is to examine Eustace Man, Henry West, John 
 Baker, and James Ricroft, complained of as interlopers by 
 the Adventurers to Canada], and lykewise to examine such 
 
172 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631-2. 
 
 New 
 England. 
 
 Canada. 
 
 other persons concerning the same matter as the said 
 Adventurers shall name vnto him, and to retoume all the 
 examinations to the Boarde . . . that thereupon their lordships, 
 may finally order and determine the cause. [In the mean 
 time the four persons named are to remain in the Messenger's 
 custody.* [P- 247. ^ 1.] 
 
 [286.] Whitehall, 30 December : 
 
 Whereas Information was giuen to the Board that one 
 Edward Ashleyf had contrary to his Majesties Proclamation 
 traded with the Saluage people at New England ; and had 
 foumished them with Powder Shott Peeces, and other 
 Prouisions of Armes very preiudiciall and danngerous to the 
 EngUsh Inhabitarmtes in those partes. And whereas diuers 
 examinations and Papers were presented to the Board to con- 
 firme the said Information. Their Lordshipps did therevpon 
 Committ the said Ashley to the Prison of the ffleete and did 
 order that the said examinations and Papers should bee referred 
 to his Majesties Atturney Generall to take further Con- 
 sideration thereof and to proceed against the said Ashley in 
 Starre Chamber ; or otherwise as he shall find Cause vpon 
 examination of the said Ashley. [p. 340. last ^.] 
 
 [287.] Whitehall, 18 January : 
 
 [The Adventurers to Canada report that in spite of former 
 orders] the said Ricroft is gone to Canada, sent out by 
 Maurice Thomson, and John de la Barr, who knew he was 
 vnder command, and Captaine Man absenteth himselfe and 
 cannot be found, and that Richard Brereton, and Maurice 
 Thomson refuse to be examined, contrary to the orders of the 
 Board ; Their Lordshipps taking notice of this complaint, 
 and withaU the contempt of the said Interlopers, consideriag 
 that the said Companie had bin at great charge in takeing 
 of the Countrie, and maintaining the same to his Majesties 
 
 ' Notices are entered on 15 November that Man "tendered his appear 
 ance," on 2 December that Brereton and Thomson did likewise and were 
 remanded and on 14 December that an order was maxle for Brereton 
 and Thomson of the same tenor as that of 18 November touching Canada. 
 [pp. 233, 283, 307.] 
 
 t A warrant for Ashley's commitment to the Fleet is entered on 21 
 December, [p. 325.] 
 
1632.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 173 
 
 vse, at their Lordshipps command ; did order that all the 
 parties that haue not already bin examined should be 
 examined by Sir Henry Martin according to former orders of 
 this Board, and that the names of all those who shall in this 
 case refuse to be examined be retoumed, and the parties who 
 are mentioned in the former orders should attend the Board 
 the 25th of this present, at which tyme John de la Barr is 
 likewise required to give his attendance. And it is ordered 
 that Sir Henry Martin knight, Judge of the Admiralty shall 
 be hereby required vpon information from the said Aduen- 
 turers, to cause all the Shipps to be stayed that are going 
 or bound for those partes. [p. 352. ^ 2.] 
 
 [288.] Whitehall, 25 January : 
 
 [A petition from the Adventurers to Canada states that Cana<in. 
 they have returned] the examinations of those Interlopers 
 that would be examined, with an affidavit against those that 
 refused, [and recapitulates their past services, and the great 
 expense incurred. Their Lordships therefore refer such 
 depositions and examinations as have been taken to Sir Henry 
 Martin, Judge of the Admiralty Court, with instructions to 
 take the whole matter into consideration, and to give a 
 written report]. And it was also ordered that John de la 
 Barr, Richard Brereton and Maurice Tompson shall be 
 examined by the said Judge, and likewise all such other per- 
 sons as the Adventurers shall name unto him ; [in the mean 
 time they stand remitted to the custody of a messenger]. 
 
 [p. 361.] 
 
 [289.] Whitehall, 17 February: 
 
 [In the case of Edward Ashley accused of selhng arms to New 
 
 „ _ ,. England. 
 
 the New England Indians] fforasmuch as vpon reading 
 of a Certifficate this day retourned to the Board by 
 Mr. Attumey Generall, with the examinations by him taken 
 of the said Ashley concerning the said Complaint. It appeared 
 not that any of the said offences were comitted since the said 
 Proclamation, which howeuer it did not iustifie the said ffact 
 the same being in it selfe vnlawfuU though noe such 
 
174 ACTS OF THE PRIVY COUNCIL (COLOISTIAL'). [16'32 
 
 Proclamation had beene, yet for that it doth in parte exten- 
 uate the same. And for that the said Ashley hath alreadie 
 suffered imprisonment for the said offence. It was thought fitt 
 and ordered, that he should be discharged vpon Bond entered 
 into before the Gierke of the Counsell Attendant, not to offend 
 in the lyke kind hereafter. [p. 392. ^f 1.] 
 
 [290.] Whitehall, 22 February: 
 
 Canada. [The certificate from Sir Henry Martin being presented and 
 
 considered], Inasmuch as it was insisted on by the said 
 Interloopers, that the said Adventurers had noe Patent or 
 Comission which did appropriate that Trade wholly unto them, 
 the contrary whereof was affirmed by the said Adventurers, 
 and alsoe that they had severall orders of this Board for the 
 better authorizeing and strengthening of them in the pursuite 
 of the said Trade. It was thereupon thought fitt and ordered 
 that the said Judge should examine the truth therof, as lyke- 
 
 wise of the Contempt of the said Interlopers 
 
 And that both sides attend the Board on ffryday next, when 
 the said Judge of the Admiraltie, is lykewise hereby prayd 
 and required to be present, and to make Reporte. 
 
 [p. 403. If 1.] 
 [291.] WhitehaU, 24 February: 
 
 Tobacco. ^^ OP®^ warrant directed to his majesties Attumey Generall. 
 
 [Recapitulates the duties estabUshed on tobacco on March 2, 
 1631, viz. On all tobacco from Virginia and the Somers Islands, 
 M. per lb. Custom, and Qd. per lb. Impost ; On all tobacco 
 from St. Christopher and the other Caribbee Islands, 3d. 
 per lb. Custom, and 9d. per lb. Impost ; All such tobacco 
 to be landed at the port of London only : and continues] :— 
 His majestic haueing taken into his princely Care, the 
 Estate of the Plantations of his Subiects in Virginia, Summer 
 Islands, St. Christophers, Caribee Islands, and other places 
 (for the present) subsisting by Tobacco, although with 
 appearant hopes of better and more vsefuU Comodities, from 
 thence shortly to be had, and considering that much of that 
 Tobacco, is but of a meane Condition, is graciousely pleased 
 
1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 175 
 
 to mitigate and abate, a greate parte of the duties, appoynted 
 by the said Letters of Priuie Seale to be receiued. And there- 
 fore his majesties pleasure is, that all Tobacco of the growth 
 of Virginea and the Summer Islands alreadie imported, and 
 not yet entered in any of his majesties Custome houses, and 
 which henceforth shalbe brought into the Kingdome of Eng- 
 land, Dominion of Wales, Port and Towne of Berwick, and 
 the Islands to the same belonging, by any of his majesties 
 naturaU borne Subiects, [shall pay 2d. per lb. subsidy and 
 2d. per lb. impost, or increase of subsidy, and all tobacco 
 from St. Christopher, the Caribbee Islands and other 
 plantations, Zd. per lb. subsidy and M. per lb. impost] the said 
 Letters of Priuie Seale, or any thing els to the Contrarie 
 notwithstanding. And his majestie is graciousely pleased, that 
 all Tobacco may from henceforth, be brought into any Port 
 of this Kingdome, wher there is a Custome house, and 
 officers attending his majesties service, at the pleasure 
 of the Marchants and owners therof, soe as due entrie 
 before landing be made, and the said last mentioned 
 duties duely paid or compounded for. And his majestie 
 for the better incourragement of his Subiects in theire seuerall 
 Plantations, and vpon Condition that all the Tobaccoes of 
 Virginea, Summer Islands, St. Christophers, Caribee Islands, 
 and all other the Plantations of any his Subiects, which shalbe 
 from thence transported, be ymediately brought from those 
 places and Plantations into this Kingdome, and duely entered 
 in some of his majesties Custome houses, in some of the Ports 
 of this Kingdome, is graciousely pleased. That if any Mar- 
 chant or other shall shipp any of the said Tobacco, of any the 
 said Plantations of his Subiects to be transported out of this 
 Kingdome againe, within a yeare after the first importation 
 therof, in this case the Impost aforesaid, to be repaid to him 
 and them his majesties Subiects, that shall soe transport the 
 same, vppon the entrie therof outwards . ... soe as 
 the same Tobacco, be first duely entered inwards, and 
 the Subsedie and Impost as aforesaid first duely paid, and 
 soe as the same be shipped, to be transported from the same 
 
176 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 
 
 Port, where first it was imported and entered inwards. 
 And his majesties pleasure further is, that all Spanish Tobacco, 
 aswell of the growthe of any the Dominions of the King of 
 Spaine, as of any other Countrie, or place (being not of the 
 Plantations of his majesties owne Subiects) from henceforth 
 to be brought into this Kingdome, Dominion of Wales, and 
 Port and Towne of Berwick, shall stand charged with the 
 payment of Subsedie as m the Booke of rates is expressed 
 for Tobacco vizt to pay six pence for each pound of pudding 
 or role Tobacco, and fouer pence for everie pound of leafe 
 Tobacco, and to stand and remayne charged with payment 
 of Impost, as Spanish Tobacco hitherto hath continued (vizt) 
 to pay eighteene pence for each pound weight therof. And 
 if any Tobacco, be brought in by Strangers, then a fourth 
 parte more vpon the Subsedy for pettie Custome, and a 
 fourth parte more vpon the Impost for pettie Impost respec- 
 tiuely is to be paid. And that aU the said duties, be from 
 tyme to tyme duely paid to the Collectors ffarmors or other 
 Receiuors therof, nowe being or hereafter to be appo3nited 
 respectiuely, with power to punish offendors as in lyke Case 
 is vsuall. Theise are therfore to require you, to prepare a Bill 
 fitt for his majesties Signature, to containe his majesties 
 Letters of Privie Scale, for the sethng and estabhshing all 
 the said duties accordingly to bee directed as the late Letters 
 of Priuie Scale afore recited were directed. And for soe doeing 
 this shall be your warrant. 
 
 Signed -.—Lord Keeper, Lord Priuie Scale, Lord high 
 Chamberlaine, Lord Viscount Wentworth, Lord Viscount 
 ffalkland, Lord Bishop of London, Lord Bishop of Winton, 
 Lord Cottington. [pp. 408-411.] 
 
 [292.] WhitehaU, 6 April : 
 
 Plantation An open Warrant as foUoweth to the Lords Commissioners 
 for the Admiraltie. Wheras we haue beene informed that 
 divers Shipps and Vessells comeing from St. Christophers the 
 Barbathoes, the Caribee Islands in the West Indies Virginea, 
 Barmothoes, and other Enghsh Plantations in those parts. 
 
 Trade. 
 
1632.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 177 
 
 doe goe into f orraigne Countries with theire goods and Marchan- 
 dize to his majesties great losse, and preiudice in his Customes. 
 Theise are therfore to pray and require you the Lords Com- 
 missioners for the Admiraltie to take effectuaU order, that all 
 the foresaid Shipps and VesseUs (when they come vpon the 
 Coaste of England or shall at any tyme be mett with, by any 
 of his majesties Shipps at Sea) may come for the Porte of 
 London, or some other of the Ports of this Kingdome, and 
 there duly to enter and vnlade theire goods, that his majestie 
 may not be defrauded of his Custome by the evell disposition 
 of any person, or the vndue Courses aforesaid. 
 
 Signed .-—Lord Treasurer, Earl MarshaU, Earl of Bridgwater, 
 Earl of Kelley, Lord Viscount ffalkland. Lord Bishop of 
 London, Lord Cottington, Mr. Secretary Coke. [p. 502. ^ 4.] 
 
 CHARLES I. VOLUME VIII. (1 May 1632-30 Ap. 1633.) 
 [293.] WhitehaU, 12 May : 
 
 A Warrant to Dauid Stott one of the Messingers of his Canada. 
 Majesties Chamber, to fetch before their Lordshipps the person 
 of Eustace Man.* [p, 33. r 3/1 
 
 [294.] WhitehaU, 30 May : 
 
 The Aduenturers to Canada haueing this day presented an Canada. 
 humble petition to the Board, thereby shewing that according 
 to an order of the Board, of the 22th of ffebruary last, the 
 petitioners together with Captaine Man, and the rest of the 
 interlopers, should attend Sir Henry Martin Knight, Judge of 
 the Admiraltie, and he to heare the allegations on both sides, 
 which accordingly was donn, but the day hmitted in the said 
 order was so Short, and Sir Henry Martin so much indisposed 
 in his health, as it could not then be ended, wherevpon the 
 petitioners againe humbly sued (to the end they might be no 
 
 * Man's appearance is accordingly entered on May 24 [p. 40 H 3], and on 
 the 30fch he is ordered to be detained in the " Counter in the Poltry " 
 [p 50 H 3]. 
 
 12 
 
178 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 
 
 further troublesome to the Board) for a day of heareing, which 
 their Lordshipps were pleased to graunt ; Ana appointed 
 Wednesday the sixt of June in the afternoone, to heare the 
 cause, at the CounceU Chamber, Whitehall, whereof [all parties 
 concerned] are to take notice, and to come prepared with 
 their Councell. [p. 52. ^f 1.] 
 
 [295.] Whitehall, 27 June: 
 
 Virginia. A Letter to the Gouemor and Councell of Virginea. 
 
 Wheras a Petition hath beene presented to the Board in the 
 name of PhiUipp Meade, Robert Hudson, and WiUiam Barker, 
 Citizens of London. Complayneing that the Petitioners aboute 
 fower yeares since, did trust one Richard Steeuens, with goods 
 to the valewe of 180?. or therabouts, vpon his promise (as 
 by his Bills appeareth) to be paid within nyne monethes after 
 the deliuerie therof. An being an able man, and an 
 Inhabitant in Virginea, and of the Councell there, hath since 
 obtayned 40Z. more of the Petitioners Goods which they 
 sent by way of Marchandize, and refuseth to giue satisfaction 
 for the same. . . . We vpon Consideration had therof finding the 
 Petitioners Case (if it be such as is informed) to be verie Just 
 and Considerable, and to deserue all lawfuU favour and Releefe ; 
 Haue thought good hereby, to recommend this Case to your 
 especiall Care. [p. 116.] 
 
 [296.] Whitehall, 25 July : present : — Lorde Keeper, Lord 
 Treasurer, Lord Priuy Scale, Lord high Chamberlain, Earl of 
 Dorset, Earl of Bridgewater, Earl of Kelley, Lord Viscount 
 Wimbledon, Lord Bishop of London, Lord Cottington, Mr. 
 .Secretary Coke, Mr. Secretary Windebanke. 
 
 Canada. This day was hearde at large the Cause betwene the Adven- 
 
 turers into Canada autorised by his Majesties Commission, 
 and Captaine Eustace Man, Captaine Henry West, and James 
 Ricroft who in the yeare 1630 did sett foorth from London 
 a small shipp called the Ehzabeth which sayled to Canada and 
 traded there with the Sauages, as also betweene the saide 
 Adventurers and Maurice Thomson with his Associates. 
 
1632.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 179 
 
 . . . . Their lordships hauing seriously weighed all 
 that was aUeaged on either parte, and considering the meritts 
 of the sayde Aduenturers who with hazarde of their Hues 
 and fortunes haue perfourmed their vndertaking, to the honor 
 of the state, and are therefore worthy of aU fauor and 
 encouragement in that behalfe did thinke fit and Order that 
 both partes shall attende his Majesties Attorney generall, and 
 that he shall throughly informe himselfe what dommage the 
 Aduenturers haue susteined by the aforesayd interloping, and 
 what proifit and benefite the other parties haue made severally 
 by their tradings there and that to this purpose he shall 
 particularly examine the aforesayd Maurice Thomson and his 
 partners of whose former contempts certifyed by the sayde 
 Judge of his Majesties high Courte of Admiralty, their lordships 
 tooke notice. And it was farther Ordered, that after such 
 particular examination his Majesties Attorney generall shall 
 sett downe what reparation or restitution he shall thinke 
 fit to be made by them seuerally, and respectiuely to the sayde 
 Adventurers, which they are to performe without farther 
 dispute or delay. To which Order, Eustace Man,* Henry 
 West, and Maurice Thomson, (who were present) did submit, 
 and the rest are hereby expresly charged to conforme them- 
 selues lykewyse, that the Boarde may be no more troubled 
 with this Cause. IPP- 167-1 68. J 
 
 [297.] Hampton Court, 30 September: 
 
 A warrant as foUoweth directed to Edward Wiggins Canada. 
 one of the Messengers of his Majesties Chamber. 
 
 [In pursuance of the previous order the] Attumey 
 Generall awarded Morrice Thomson to pay fowre hundred 
 Markes which hath ben demanded as appeareth by affidavit, 
 but refused to be payed. [Prompt payment is to be 
 required from Thomson] which if he shaU refuse to 
 doe, you are then by vertue hereof to carrie him to the 
 Marshalseas, where he is to stand and remaine Committed, 
 vntill he shall performe th e same. 
 
 * Man had been released from the Compter by an order of the Board on 
 June 20. [p. 90 H 4]. 
 
180 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 
 
 Another of the same tenor to wiggins to demand two 
 hundred pounds of Captaine Eustace Man, this clause folloing 
 excepted, which hath ben demanded as appeareth by affidauit 
 but refused to be paid. [p. 210.] 
 
 [298.] Star Chamber, 21 Nouember: 
 Canada. This day was read at the Boarde a petition which had 
 
 bene preferred to his Majestic by Sir WiUyam Alexander 
 Knighte, George Kirke Master of the Robes David Kirke 
 Esqrs. Lewis Kirke, Thomas Kirke John Kirke James Kirke 
 gentlemen, Willyam Barkley, Josua GaUard and Charles 
 Attye, of London Marchants, wherein they remonstrate, that 
 in the late warrs betweene his Majesty and the ffrench Kinge, 
 some of them did take the Country of Canada to the honor 
 of his Majesty and the State, and in the yeare following, vpon 
 his Majestys commande, and Commission vnder the greate 
 Seale of England, did take the fforte of Quebeck, the taking 
 and keeping whereof stoode them in about fifty thousand 
 pounds, and that since that tyme, vpon his Majestys 
 pleasure signified restored the said fforte of Quebeck vnto the 
 ffrench without any satisfaction for their aforesaid greate 
 charges ; In regarde whereof, and forasmuch as it pleased 
 his Majesty in the same Commission to promise vnto them 
 a grante of letters Patent, for the sole trading in the partes of 
 Canada aforesaid the better to enable them for future dis- 
 coveries to be made there, they doe humbly beseech his 
 Majesty to grant now vnto them, his said royall letters Patent 
 accordingly, vizt : for sole trading in the Guhe and River 
 of Canada, and partes therevnto adiacent, and to place a Colony 
 and fortresse there if they thinke fit, from the latitude of 
 fourty foure degrees to the latitude fifty foure degrees for one 
 and thirty yeares. [His Majesty having referred the petition 
 to the Board, their Lordships refer it to the Attorney General, 
 with instructions to examine into the matter, and to report 
 with the best expedition.] [p, 281. TJ 2.] 
 
 [299.] Star Chamber, 30 November: 
 Virginia A letter directed to the Erie of Dorset and Erie of Danby. 
 
1632.] ACTS or THE PRIVY COUNCIL (COLONIAL). 181 
 
 Whereas by a petition presented vnto vs on the behaMe of 
 Margeret Dowber and Ehzabeth Gates Daughters of Sir John 
 Gates, and of Margeret the rehct of his eldest sonne, wee are 
 informed that the said Sir Thomas Gates having in his like 
 tyme bene for many yeares Governor of the plantation 
 established in Virginia, did vpon that dessigne pay severall 
 sumes of money vnto the then Treasurer amounting to twoe 
 thousand pounds or there about, and was owner of much 
 goods and Cattel, which at his coming from thence, he left in 
 the custodie of some of his Servants and friends there ; but 
 the said Sir Thomas dying in the Lowe Countries the parties 
 entrusted by him are neither knowne vnto his daughters whom 
 he left his executrices nor haue made over vnto them any 
 parte or parceU of the said goodes and Cattel, the want whereof 
 hath hindred them in the preferment ; and occasioned their 
 povertie and greate necessitie. Wee well remembring the 
 aforesaid Sir Thomas Gates to haue bene an ancient servitor 
 and a person of very good deserte, and commiserating the 
 distressed estate of his said Daughters, haue thought fit to 
 recommend the cause to your lordships as being Chiefe Gover- 
 nors of that Plantation, and doe accordingly pray you to direct 
 your letters vnto the Governor there requiring him to call before 
 him aU such persons as are knowne to haue the said goodes, 
 and Cattell in their hands, and to examine them or any 
 other whom he shall thinke fit concerning the same, and to 
 take effectuall order asweU that satisfaction be made to the 
 petitioners or their assignes for their vse, as also that they may 
 haue due proportions of lands allotted vnto them, according 
 to the monyes adventured by their father. 
 
 [pp. 314^315.] 
 
 [300.] Whitehall, 12 December : 
 
 This day asweU Captain Kirk and Mr. Barkley on the Canada, 
 behalfe of themselues, and the rest of the Suitors for the 
 Patent of Trade into the Gulfe of Canada, were called before 
 the Board, as alsoe the Scottish Aduenturers, and Mr. 
 Charleton for himselfe and Mr. Henry Wilson. And the said 
 Scottish Aduenturers, and Mr. Charleton, Complayneing that 
 
182 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 
 
 the said Suitors did now endeavour to gett a Patent, for the 
 sole tradeing into the said Gulfe of Canada to themselues, 
 without giueing any account or satisfaction to the rest of the 
 Aduenturers, for the former ymployment. It was alleadged, 
 by the said Captain Eark and Mr. Barkley, that on theire partes 
 they were readie and desireous to giue an Account and satis- 
 faction of all former ymployments in the said Trade, but that 
 the said Charlton and Wilson were in defaulte therof , partely 
 by default of dilligent attendance, where the said Accounts 
 were appojmted to bee audited, and partely by forbeareing 
 to bring in theire moneyes, the said Charlton being behynd 
 with the Company 700?. and the said Wilson 3001. the whole 
 debt of the said Company being but 1100?. which was by 
 the said Charlton constantly denyed. Herevpon the Lords by 
 Consent of all parties, did this day thinke fitt and order that 
 a Comission shall forthwith issue out of the Chancerie, to such 
 fitt Commissioners as the Lord Keeper of the greate Scale, 
 shall nominate and appojoit [to examine into and report 
 upon the whole business.] [p. 333.] 
 
 [301.] Whitehall, 12 December : 
 
 Canada. Theire Lordshipps takeing this day into Consideration, the 
 
 Patent now desired by Sir WilUam Alexander, George Kirk 
 Esqr Master of his majesties Robes, Dauid Kirk Esqr Wilham 
 Barkley and the rest, for the Trade into the Gulfe of Canada : 
 Vpon the Reporte of Mr. Secretarie Coke that he findeth nothing 
 desired by the parties contrarie to the Treaties with his majesties 
 AUies, did thinke fitt and order, that the same should pro- 
 ceede and that his majesties Atturney GeneraU, should be 
 required to prepare a BiU for his majesties Roy all Signature, 
 for passing the said Patent agreeable to his owne Report ; 
 and the order of the 21th and 28th of Nouember last made 
 "This clause *^®^^P°^' "'"^^ *^** ^"''"'*'^on ne.uerthelesse.^ that his majesties 
 was left out intention is that his Treaties with his AUies should not be 
 
 by order the • j • 7 7 . , 
 
 22 : of _this mnnged, by any pretence of this Patent. And their Lord- 
 present." ahipps doe further wish and aduise, that the said Scottish 
 Aduenturers in former association, should ioyne in the said 
 
1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 183 
 
 Patent, and Trade, if the parties cann agree amongst them- 
 selues, but that the expectation therof shalbe noe ympediment 
 to the present proceeding of the said Patent, [p. 334. ^ l.J 
 
 [302.] Whitehall, 19 December: 
 
 Vpon reading this day of seuerall Petitions preferred by New 
 some Planters of New England and a written Relation by ^''^ ''"'^' 
 Sir Cristopher Gardiner Knight and vpon long debate of the 
 whole carriage of the Plantations of that Countrey It was this 
 day ordered That the lord Arch Bishopp of Yorke, the lord 
 Treasurer lord Priuie Seale, lord high Chamberlaine of Eng- 
 land, the Earl Marshall, Earl of Dorsett, the lord Vice Count 
 ffalkeland, the lord Bishop of London the lord Cottington, Mr. 
 Treasurer, Mr. Secretary Coke and Mr. Secretary Windebanck, 
 or any fower or more of them, caUing to their Assistannce such 
 other persons as they shaU thinke fitt, shall examine how 
 the Patentes for the said Plantation, haue been grannted, and 
 how carried ; and shall examine the truth of the aforesaid Infor- 
 mations, or such other Informations as shall bee presented to 
 them. And shall make Reporte thereof to the Board and of 
 the true state of the said Plantations, as they find them now to 
 stand. £Eor which purpose, they are to call before them such 
 of the Patentees and such of the Complaynanntes and their 
 Wittnesses, or any other persons as they shaU thinck 
 fitt. Lp. 346. If 2.] 
 
 [C.S.P. I. p. 158.] 
 
 [303.] Whitehall, 21 December: 
 
 This day Sir Richard Saltonstall of London Knight and Canada. 
 Mathew Cradock Merchannt of London being sent for by 
 warrannt from the Board ; vpon entring into Bond to attend 
 the Committees appointed for the businesse of Caneda at aU 
 times. Notice being giuen or left at their houses on that 
 behaKe ; were discharged from further attendannce on their 
 Lordshipps. IP- 348. ^ 1.] 
 
 [304.] Whitehall, 22 December: 
 
 Whereas an order was made on the 12th of this Moneth for Canada. 
 the Patent of Trade into the Gulph of Canada, it was this day 
 
184 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632-3. 
 
 declared by the Board that his Majesties intention is, That 
 his Treaties with his Allies should not bee infringed by any 
 Pretence of the said Patent, yet neuerthelesse that it may bee 
 lawfull for the said Patentees their Deputies or Assignes to 
 defend themselues in case they shall bee assaulted by any, 
 contrary to his said Treaties. And that if complainte shall 
 bee made of breach of the Treaties by the said Patentees their 
 deputyes or Assignes his Majesty will cause iustice to bee 
 donne according to the said Treatyes. [p. 354. ^ ].] 
 
 [305.] Whitehall, 11 January: 
 
 Virginia. [A letter to the Governor and Council of Virginia, from the 
 
 Earls of Dorset and Danby, Mr. Secretary Coke, Sir J. 
 Danvers, and Sir John Wolstenholme. Recapitulates the 
 letter sent by the Privy Council to the Earls Dorset and 
 Danby on 30 Nov, 1632, and orders the Governor and 
 Council to take action accordingly. The sum adventured by 
 Sir Thomas Gates in the Company is given as 2,000Z.] 
 
 [p. 365.1 
 [306.] Whitehall, 19 January : Present : — Lord Privie 
 Scale, Earl of Dorset, Lord Viscount ffalkland. Lord Bishop of 
 London, Lord Cottington, Mr. Treasurer, Mr. Vice Chamber- 
 lain, Mr. Secretary Coke, Mr. Secretary Windebanke. 
 
 [The Committee appointed to inquire into the rumoured 
 disorders and distractions of New England having made report, 
 their Lordships decide that] most of the things informed 
 being denyed, and rested to be proued by parties that 
 must be called from that place, which required a long 
 expence of tyme ; And at the present their Lordshipps finding, 
 that the Aduenturers were vpon the dispatch of men 
 Victualls and Marchandizes for that place, All which would 
 be at a Stand, if the Aduenturers should haue discorag- 
 ment, or take suspition that the State here, had no good 
 opinion of that Plantation. Their Lordshipps not[with- 
 standing] the faults or fancies (if anie be) of some particular 
 men vpon the generall Gouemment, or principall Aduenturers, 
 (which in due tyme is further to be enquired into) haue 
 
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 185 
 
 thought fitt in the meane tyme to declare, that the appearances, 
 were so faire, and the hopes so great that the Countrie would 
 proue, both benificiaU to this Kingdome, and profitable to 
 the perticular Aduenturers, as that the Aduentures had 
 good cause to goe on cherefuUy with their vndertakeings, and 
 rest assured, that if things were carried as was pretended when 
 the Patents were grannted, And accordingly as by the Patents 
 is appointed. His Majestic would not onely mayntaine the 
 hberties, and Priviledges heretofore grannted, but supphe 
 anie thing further that might tend to the good Gouernment 
 of the place, and prosperitie, and comfort of his people there. 
 
 b. 384. ^ 1.] 
 [307.] Whitehall, 23 January : 
 
 [A petition of Edward Wickens, one of the messengers of Canada, 
 his Majesty's Chamber. Thomson and Brereton were nine 
 months in his custody but have since been committed to the 
 Marshalsea, with direction that before they were released they 
 should pay his fees. Now Thomson undertook to free Brereton 
 from charges and thereupon sent him to sea, " yet neverthe- 
 less by reason of the hbertie he hath to goe abroad, he in 
 neglect of the former orders still remayneth obstinate, and 
 wiU not give the Petitioner satisfaction." Order is given that 
 Maurice Thomson be not released from the Marshalsea until 
 he have given the petitioner contentment.] [p. 395. ^ 1.] 
 
 [308.] Star Chamber, 25 January : 
 
 [Captaine Kirke and the other Adventurers to Canada Canada, 
 having petitioned for the insertion into their patent of] 
 Licence for the yearely transportation of fifty quarters of 
 Pease, and 501. worth of Biskett bread for the furtherance and 
 support of the Trade in those partes, Their Lordshipps, upon 
 the debate of the petitioners demands, did not hould it con- 
 venient to have the said quantitie of graine and bread expressed 
 in the Patent, But nevertheless being willing and desirous to 
 advance and support that trade there, [ordered that the 
 petitioners should be given a yearly hcence to transport the 
 quantity of bread and pease desired.] [p. 39S. 1[ 1.] 
 
186 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633. 
 
 [309.] Star Chamber, 6 February : 
 Canada. An open warrant with generaU directions. Wheras we 
 
 are informed that Captain Richard Brereton and James Ricroft, 
 twoe of the Interloopers to Canada, and now remayneing 
 Prisoners in the Custodie of one of the Messengers of the Cham- 
 ber : haue in contempt of his majesties Commission lately sett 
 forth a Shipp, called the Charles of London, with intent to 
 trade into the Gulfe and Riuer of Canada, which Shipp is now 
 fallen downe, to proceede on the said voyage. Theise shalbe 
 therfore to will and require you Sir to make stay of the said 
 Shipp, whersoeuer she shall be found and not suffer her to 
 departe, vntill you shall receiue further order from the Board, 
 ffor which this shalbe your warrant. 
 
 A warrant to Edward Wickens one of the Messengers to 
 bring Captain Brereton and James Ricroft before the Board. 
 
 [p. 426. Iflf 5-6.] 
 
 [310.] Star Chamber, 13 February : 
 
 Canada, [A warrant with general directions, ordering " everie of you 
 
 to whom it doth appertaine, forthwith to discharge and sett 
 at Ubertie ' ' the ship Charles of London, and to suffer Brereton 
 and Ricroft to proceed on their intended voyage.] 
 
 [p. 448. last |.] 
 [3H.] WhitehaU, 1 March: 
 
 Virginia. A letter directed to ffrancis Brookes of Portsmouth. By 
 
 your letter of the 26th of the last moneth to Sir John 
 Wolstenholme, Abraham Dawes, and John Jacob ffarmers of his 
 Majesties Customes, wee finde, what endavor you haue vsed for 
 the bringing in of the Virginia Ship called the America of Lon- 
 don, which being put back into the roade of Stokes bay, and 
 in how insolent and rebeUious a maner you were resisted by 
 those of the said Ship at your first coming to goe aboard. Now 
 as wee cannot but be greatlie sensible of such desperate bold- 
 nesse, which in regarde both of the Act it selfe, and of the con- 
 sequence, deserveth severe and exemplarie punishment : so 
 we doe altogether approue and commende your care and 
 the coursse which you haue taken, and doe hereby require 
 and charge you to continue and prosecute the same accordingly. 
 
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 187 
 
 vsing aU possible meanes for the bringing in of the aforesaid 
 ship ; to which purpose also you are to require the assistance 
 ot George Bonde and to commande him from vs, to be ayding 
 vnto you herein by his best endevors ; which if he refuse, he 
 shal thereby encrease and agravate those former offences' for 
 which he is now in custodie, where wee thinke fit that he remaine 
 vntiU you shaU receive other directions from this Boarde. 
 
 [p. 490. If 1.] 
 [312.] WhitehaU, 8 March : 
 
 Whereas a Ship caUed the America of London was lately Virginia 
 stayed at Portesmouth by fifrancis Brooke, who to that pur- 
 pose receiued Order from the Boarde, which Ship came from 
 Virginia laden with Tobacco and is bound for Hollande : ffor 
 as much as it appeareth by information giuen by the ffarmers 
 of his Majesties Customes that Maurice Thompson chief e 
 owner of the said Tobacco, doth offer to pay b"s Majesties 
 Customes and duetyes ;* The Lorde high Treasurer of Eng- 
 lande is therefore prayed and required to giue present Order 
 vpon the payment thereof for the discharge of the saide Ship 
 and goodes. [p. 497. i[j 2.] 
 
 CHARLES I. VOLUME IX. (1 May 1633-30 May 1634.) 
 
 [313.] Committee for new England: — Lord Arch Bishop New 
 Canterbury, Lord Keeper, Lord Arch Bishop of Yorke, Lord ^"S*^""^- 
 Treasurer, Lord Priuy Seal, Earl Marshall, Earl of Dorset, 
 Lord Cottington, Mr. Treasurer, Mr. Comptroller, Mr. Secre- 
 tary Coke, Mr. Secretary Windebanck. [p. l.] 
 
 [314.J Star Chamber, 26 May. 
 
 A Warrant as followeth directed to Sir John Harvy Virginia, 
 knight Gouernor in Virginia, the rest of the CounceU 
 there, and to all others whome it may conceme. 
 
 * A warrant for Thomson's appearance had been directed to Wickens on 
 the 4th March, [p. 494 It 2]. 
 
188 ACTS OF TEE PRIVY COUNCIL (COLONIAL). [1633. 
 
 Whereas William, and Thomas WiUoby, Symon Turgus, 
 Humphrey, and Thomas ffarley, WiUiam and Stephen Barker 
 Thomas Browne, WiUiam Ewins, and Richard Wake Planters 
 in Virginia haue giuen vs to vnderstand, that at their great 
 costs and charges for mania yeares, they haue Mved, maintained, 
 and supplied diuers ffamilyes there, of their owne perticular 
 Estates, and now (haueing brought their labours to some 
 reasonable effect, whereby they may conceiue some hopes of 
 a small benifitt towards their former great expences) One 
 Morris Thompson, and his Adherents Marohants of London, 
 haue contracted with the Gouernor, and CounceU of Virginia 
 (as by afJ&dauitt appeareth the said Thompson hath confessed) 
 that no Shipp, but such as the said Morris Thompson and his 
 Adherents, or their Assignes shall send thether, shall haue 
 anie lading from thence, nor that anie Planter there, shall 
 sell any of his Tobacco, or other goods, but to the said 
 Thompson &c which wiU not onely be preiudiciall to his 
 Majesties Customes but tends to their great loss, and 
 hindrance, besides they shall bee forced to abandon a great 
 number of poore people there, which for want of SuppUes 
 will not be able to subsist, and so of necessitie must 
 retoume hether to be an vnneoessarie burthen to this King- 
 dome. Wee haueing taken the premisses into our consideration 
 doe hereby require you, and aU others whome it may con- 
 ceme to permitt and suffer the said Planters (notwithstanding 
 anie contract made by Morris Thompson, or anie other person 
 whatsoeuer) at aU tyme and tymes (as they shall haue 
 occasion) to take in and fraight their owne Shipp called the 
 Amenca of London, or anie other English Shipps, with their 
 owne, or the goods of their freinds, and to employ the said 
 Shipp and Shipps, to, and from Virginia as often as their 
 occasions shall require, vntiU farther order from this Board, 
 without lett molestation or hindrance, whereof aU persons 
 whome it may conceme, are to take notice, as they will answere 
 the same at their perills. [p. 63.] 
 
 [315.] Star Chamber, 28 June : 
 Virginia. Wheras a Petition heretofore presented to the Board by the 
 
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 189 
 
 Aduenturers and Planters, of Virginea. Shewing that by reason 
 of some Grants lately obtayned, of a greate proportion of Lands 
 and Teritories within the Lymitts of theire Colonye, and places 
 of theire Traffique, they were much preiudiced and discourraged 
 in the proceedeing with the said Plantations ; was by his 
 majestie referred to the Consideration of the Board. .... 
 This day the Lord Baltimore, who hath a Grant from his 
 majestie of a proportion of the said Lands, and divers of the 
 principall Adventurers, and Planters, being called before the 
 Board, and theire Lordshipps haueing heard, the allegations 
 then made, on both sides, did . . . order and direct 
 that the Lord Baltimore and twoe or three of the said 
 principall Aduenturers should forthwith meete and conferr 
 togeither, and indeavour amongst themselues, to accomo- 
 date the poynts in difference, ariseing betweene them, 
 or soe many of them as they could, and to sett downe 
 the same soe agreed on, in writing, as lykewise such 
 poynts, wherin they shall differ, togeither with theire 
 exceptions and reasons, and to present the same to the Board, 
 at theire said next sitting, at which tyme they are lykewise 
 to bring with them, a Mapp of the said Plantation, vpon 
 viewe wherof, theire Lordshipps may better discearne, how the 
 proportion granted to the Lord Baltimore is limitted and 
 bounded. [pp. 118-119.] 
 
 [316.] Whitehall, 30 June: 
 
 [A letter to the Governor and Council of Virginia. Virgin 
 Recapitulates the letter of 18 Oct., 1628-219, concerning John 
 Perse and the debt of 496L due from his brother Abraham 
 Perse, deceased, who left an estate of 5,000?. or thereabouts. 
 Perse has again complained that he is stiU unable to get satis- 
 faction, and states that] the Widow and Relict of the said 
 Abraham Perse, hath married with one Mathewe, who doth 
 unconscionably studie and endeavour to prevent and hinder, 
 the payment of the Petitioners debts, and the Legacies given 
 by his said Brother. [Their Lordships marveU at and repre- 
 hend your neglect, and order all due dihgence to be used in 
 
190 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633. 
 
 the matter and prompt certificate in writing to be made to 
 them.] IVV- 134-5.] 
 
 [317.] Star Chamber, 3 July : Present : — Lorde Keeper, 
 Lord Priuie Seale. Lord high Chamberlain, Earl of Dorset, 
 Earl of Bridgwater. Erie of Danby, Lord viscount wentworth, 
 Lord viscount FaMande, Lord Cottington, Mr. Secretarie 
 Windebanck. 
 
 Virginia. [Lord Baltimore and the Virginia planters having met 
 
 together, and submitted their propositions to the Board.] 
 Now their lordships hauing heard and maturely considered 
 the saide propositions, answers, and reasons, and whatsoever 
 else was alleaged on either parte, did thinke fit to leave the 
 Lord Baltimore to his Patent, and the other parties to the 
 course of Lawe according to their desire. But for the pre- 
 venting of farther questions and differences, their lordships 
 did also thinke fit and Order, that things standing as they doe 
 the Planters on either syde shall haue free traffique and Com- 
 merce each with other and that neither parte shall reciue any 
 fugitiue persons belonging to the other, nor doe anie Act 
 which may drawe a Warre from the Natives vpon either of 
 them. And lastly that they shall sincerely enterteine all 
 good correspondence and assist each other on all occasions 
 in such manner as becometh fellow Subiects and members of 
 the same State. [p. 139.] ' 
 
 [C.S.P. L p. 169.] 
 [318.] WhitehaU, 12 July: 
 
 Virginia. [A Warrant directed to Sir John Harvey, Governor of Vir- 
 
 ginia, and to his Council, of the same tenor as that of 26 May, 
 1633-314.] [p. 152. 1j 2.] 
 
 [319.] Whitehall. 7 August: 
 
 Virginia. [Certain propositions (not specified) concerning Virginia 
 
 having been read, they are referred to the farmers of the 
 Customs for consideration and report. [p. 196. ^ 1.] 
 
1633.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 191 
 
 [320.] WhitehaU, U August : 
 
 [The following proclamation, drawn by the Attorney Tobacco. 
 General, is ordered to be entered in the Register ; letters in 
 accordance with it are to be written to the] seuerall Counties 
 Citties and Townes Corporate of England and Wales, for 
 the better effecting of his majesties pleasure in this service. 
 Whereas the Plant or drugg called Tobacco, scarce knowne 
 to this Nation in former tymes, was in this Age first vsually 
 brought into this Realme and in small quantity as medicine 
 soe vsed, and by divers taken as Medicine. But in processe 
 of tyme to satisfie the inordinate Appetite of a greate nomber 
 of rden and women, it hath beene brought in, in greate quan- 
 titie and taken for wantonnes, and excesse, provokeing them 
 to drinkeing, and other Inconveniences, to the greate 
 impayreing of theire healthes, and depraueing of theire 
 Manners, soe that the Care which his majestic hath of his 
 people, hath enforced him to thinke of some meanes for the 
 preventing of the Euill Consequence of this immoderate vse 
 thereof. And albeit his majesties Dearest ffather of blessed 
 memorie, had giuen directions therein aswell by Proclamation 
 as otherwise, yet those wayes tooke not soe good effect, as 
 was desired, for that therin was noe Restraint of the nomber 
 of those that should sell Tobacco by Retayle, nor Care taken 
 of the quallitie of those, that should make such Sale, but 
 Victuallers Taverners, Alehouse keepers. Tapsters, Cham- 
 berlaines Hostlers, and others of the meanest Condition haue 
 promiscuously vsed to regrate the same, as allurements to 
 other naughtines, keepeing therein noe Assise, to the preiudice 
 of the rest of his loueing Subiects. ffor repressing therfore 
 of all such excesses, and for preventing of future inconvenience, 
 [tobacco is hereafter only to be sold by retail in such towns 
 and places and by such persons as have been nominated to 
 the Board by the Justices of the Peace of the several counties 
 of England and Wales, or by the Mayors, BaihfEs, and other 
 chief officers of divers cities and towns corporate. AU 
 persons thus authorised are expressly forbidden to keep 
 any tavern, alehouse, or victualling house, or otherwise sell any 
 
192 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633-4. 
 
 distilled, or hot waters, wine, ale, beer or cider in their houses, 
 so long as they shall be permitted to sell tobacco by retail. 
 The proclamation is to come into force on Candlemas day 
 next.] [pp. 204-207.] 
 
 Virginia 
 
 Maryland. 
 
 [321.] — 
 A Letter 
 
 to 
 
 — ,16 August : 
 the Gouernor and Councell of Virginea. 
 
 Wheras we haue receiued information from the ffarmors of his 
 majesties Customes and the Planters of Virginea (to whom we 
 referred the Consideration therof) of the sunderie preiudices 
 that doe growe, and are dayly lyke to encrease, aswell to his 
 majestie in his Customes, and the Shipping of the Kingdome, 
 as alsoe to the Colony and the Planters therof, by the Trade 
 vsed by Strangers, of verie late tyme in that Country. We 
 haue thought fitt herevpon to authorize and require you, not 
 to permitt any Strangers, to trade within that Colony, by 
 Shipping as alsoe to take Bond of all the Kings Subiects there 
 that they shall land theire goods here in England, the per- 
 formance of which directions you may not fayle of. 
 
 [p. 214. U 4.] 
 [322.] Star Chamber, 31 October : 
 
 [The ship Ark of Maryland, and a pinnace called the Dove, 
 belonging to the Lord Baltimore, having been lately stayed at 
 Tilbury, upon information that divers persons on board had 
 refused to take the oath of allegiance, and an officer sent by 
 the Board having reported that all on both vessels, to the 
 number of 128, had taken the said oath, they are allowed to 
 proceed on their voyage to Maryland], provided there be no 
 other person or persons aboard the said Shippe or Pinnace, 
 but such as have or shall take the oath of Allegiance as afore- 
 said- [p. 291. If ].] 
 
 [C.S.P. L p. 171.] 
 
 [323.] Star Chamber, 24 January : Present : — Lord Arch- 
 bishop of Canterbury, Lord Keeper, Lord Archbishop of York, 
 Lord Privle Scale, Lord Great Chamberlen, Earl Marshall, 
 Earl of Dorset, Lord Viscount Wimbledon, Lord Cottington, 
 
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 193 
 
 Lord Newburgh, Mr. Treasurer, Mr. Comptroller, Mr. Vice- 
 chamberlen, Mr. Secretary Coke, Mr. Secretary Windebank. 
 
 [The merchants and owners of shipps of Plymouth, Dart- Newfound- 
 mouth, and Barnstaple, and other creekes adjoining, 
 who use the fishing trade in Newfoundland, complain- 
 ing of sundry abuses committed in the said trade, and 
 the petition having been referred for examination and 
 report to the Attorney General, his report was this day 
 presented as follows.] May it please your Lordshipps In 
 this acquired Dominion, I doe conceiue his Majestie may giue 
 Laws, And some that may serue for the present I haue pre- 
 sumed to present to your Honors to stand vntill it be other- 
 wise ordained, with power to certaine Mayors of Townes to 
 execute them. And a command that they be published 
 there, which are humbly submitted to your honors Judge- 
 ment and sent annexed, signed WiUiam Noye. 
 
 Whereas the Region or Countrie called Newfound land 
 hath ben acquired to the Dominion of our Progenitors which 
 wee hould, and our people haue manie yeares resorted to those 
 parts, where, and in the Coast adjoyning they imployed them- 
 selues in fishing, whereby a great number of our people, haue 
 ben sett on worke, and the Navigation, and Marriners of our 
 Realme hath ben much increased And our Subjects resorting 
 thither, one by the other, and the Natiues of those partes were 
 orderly and gently intreated, vntill of late some of our sub- 
 jects of the Realme of England planting themselues in that 
 Countrie, and there residing, and Inhabiting, vpon conceipt, 
 that for wrongs, on Iniuries don there, either on the Shore, or 
 in the Sea adio3ming, they cannot be here impeached, and the 
 rather, for that wee, or our Progenitors, haue not hetherto, 
 giuen Lawes to the Inhabitants there, and by that example, 
 our Subjects resorting thither, iniure one another, and vse all 
 manner of excess, to the great hindrance of the voyage, and 
 common domage of this Realme. ffor preuenting such incon- 
 veniences hereafter wee doe hereby declare in what manner 
 our people in Newfound land, and vpon the Sea, adjoyning, 
 and the Bayes, Creeks, or fresh Riuers there, shall be guided, 
 
 13 
 
194 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 and gouemed ; doe make and ordaine the Lawes following in 
 the things after specified, commanding that the same be obeyed, 
 and putt in execution. 
 
 1. ifirst if anie man on the land there shall kill another, 
 or if anie shall secretly or forceably steale the Goods of anie 
 other to the value of fourty shillings, he shall be forthwith 
 apprehended, and arrested, detained, and brought Prisoner 
 into England, and the Crime Comitted by him, shall be made 
 known to the Earle Marshall of England, for the tyme being 
 to whom the delinquent shall be deliuered as prisoner, And the 
 said Earl Marshall shall take Cognisance of the cause, And 
 if he shall finde by the testimoney of two wittnesses, or more, 
 that the party had there killed a man, not being at that tyme 
 first assaulted by the partie slajnie, or that the kilUng were 
 by misaduenture, or stolen such goods, the delinquent shall 
 suffer paine of death, and all the Companie shall endeauor to 
 apprehend such Malefactors. 
 
 2. That no ballast, Prestones, or anie thing else hurtful! 
 to the Harbours be throwne out, to the preiudice of the said 
 Harbours, but that it be carried ashoare, and layd where it 
 may not doe annoyance. 
 
 4. [Sic] That no person whatsoeuer either fishermen, or 
 Inhabitants doe distroy, deface, or anie way worke anie spoyle 
 or detriment to anie Stage, Cookeroome, fflakes. Spikes, Nayeles, 
 or anie thing else, that belongeth to the said Stages whatso- 
 euer, either at the end of the voyage when hee hath don, and 
 is to departe the Countrie, or to anie such Stages as he shall 
 fall withaU, at his coming into the Countrie, but that hee, or 
 they content themselues with such Stage, or Stages onely, 
 as shall be needfull for them, and that for the repaireing of 
 such Stages, as he or they take, they shall fetch timber out of 
 the woods, and not to doe it with the ruining or tearing downe 
 of other Stages. 
 
 That according to the auncient Custome, euery Shipp, or 
 ffisher, that first entereth a harbour in behalfe of the Shipp be 
 Admirall of the said Harbour, wherein, for the tyme being hee 
 shall reserue onely so much Beach, and flakes, or both as is 
 
1634.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 195 
 
 needfull for the number of Boates that he shall vse with an 
 ouerplus onely for one Boate more then he needeth, as a 
 priviledge for his first coming, and that euery shipp, coming 
 after, content himself e with what he shall haue necessary 
 vse for, without keeping, or detaining anie more to the pre- 
 iudice of others next coming. And that anie that are possessed 
 of seuerall places in seuerall harbours with intent to keepe 
 them all before they can resolue, vpon which of them to chuse, 
 shalbe bound to resolue, and send advise to such after com- 
 mers in those places, as expect his resolution, and that within 
 48 houres, if the weather so serve, that the said after 
 comers, may likewise chuse their places, and so none receiue 
 preiudice by others delayes. 
 
 5. That no person cutt out, deface, or anie way alter or 
 change the Markes of anie Boates, or Traine-fEatts, whereby 
 to defraud the right Owners, And that no person conuert to 
 his owne vse the said Boates, or Trajnie ffatts, so belonging 
 to others, without their consents, nor remoue nor take them 
 from the places where they be left, by the Owners, except in 
 case of necessity. And then to giue notice thereof to the 
 Admirall, and others whereby the right Owners may know 
 what is become of them. 
 
 6. That no person doe diminish, take away, purloyne, or 
 steale anie of the ffish, or Trajoie, or Salt which is putt in Cask, 
 trayne ffatts, or Cookerome, or other house, in anie of the 
 Harbours, or ffishing-places of the Countrie, Or anie other 
 provision belonging to the ffishing Trade or to the Shipps. 
 
 7. That no person sett fire in anie of the woods of the Coun- 
 trie or worke anie detriment or distruction to the same, by 
 Rynding of the Trees, either for the seehng of Shipps, houlds, 
 or for Roomes on Shoare, or for anie other vses, except for 
 the couering of the Roofes, for Cookeroomes to dress their 
 meate in, and those Roomes not to extend aboue 16 foote in 
 length at the most. 
 
 8. That no man cast Anchor or ought else hurtfull which 
 may breede annoyance, or hinder the haleing of Seanes for 
 bait, in places accustomed therevnto. 
 
196 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 9. That no person robb the Netts of anie drift boate, or 
 drouer, for baite by night, nor take away anie baite out of 
 their fishing boates by their Shipps sides, nor robb, or steale 
 anie of their Netts or anie part thereof. 
 
 10. That no person doe sett vpp anie Tauem for selling 
 of Wine, Beare, or strong waters, or Tobaco to entertaine the 
 ffishermen because it is found that by such meanes they are 
 debauched, neglecting, and poore euiU gouerned men, not onely 
 spend most part of their shares before they come home, vppon 
 which, the life and mayntenance of their wife and Children 
 dependeth, but are likewise in diuers other wayes, as by neglect- 
 ing, and makeing them selues vnfitt for their Labour, by pur- 
 loyning and steahng from their Owners, and by makeing 
 vnlawfuU Shifts to supplie their disorders &c which disorders 
 they frequently follow, since those actions haue presented 
 themselues. 
 
 11. That vppon the Sondayes the Companie assemble in 
 meete places, and heare divine service to be said, by some of 
 the Masters of the Shipps or some others, which prayers shall 
 be such, as are in the booke of Common prayer. 
 
 12. And because that speedy punishment may be inflicted 
 vpon the offenders against those Lawes, and Constitutions ; 
 wee doe ordaine that euery of the Mayors of Southampton, 
 Weymouth and Melcomb Regis, Lyme, Plymouth, Dartmouth, 
 Eastlow, ffoy, and Barnstaple, for the tyme being may take 
 cognisance of all complaints made by anie Offendor, against 
 anie of their Ordenances, vpon the Land, and by oath of 
 witnesses, examine the truth thereof, awarde amends to the 
 parties greiued, and punish the Delinquents, by fine and 
 imprisonment, or either of them, and of their goods, found 
 in the parts of Newfound Land, or in the Sea, cause satisfaction 
 to be thereof made, by warrants vnder their hands and 
 Scales. 
 
 And our Vice Admiralls in our Counties of Southampton 
 Dorset Deuon, and Cornwall, vpon complaint made of anie 
 of the premisses comitted vpon the Sea, shall speedily and 
 effectually proceed against the Offenders. 
 
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 197 
 
 Also wee will and ordaine that theise Lawes and ordinances 
 shall stand in force, and be putt in due execution vntill wee 
 shaU otherwise prouide, and Ordaine. 
 
 And wee doe require the Admirall in euery Harbour in 
 this next Season ensuing, calling together such as shall be 
 in that Harborough publiquely to Proclayme theise presents, 
 and that they also proclayme the same on the Shoare. In 
 Witness 
 
 Their Lordshipps haueing perused, and seriously con- 
 sidered the Report and Propositions (Mr. Atturney likewise 
 being present) did fully approue confirme, and ratifie the 
 same in euery perticular, And did also Order, that the said 
 Propositions shall be remitted to Mr. Atturney who is hereby 
 required to cause them to be forthwith ingrossed for his 
 Majesties Royall Signature (in regard the fishing Season is 
 now at hand, and then passed vnder the Great Scale of Eng- 
 land. And afterwards a sufficient number of the Copies 
 thereof printed to be pubhshed, as well in the seuerall western 
 Ports of this Kingdome, as in the Newfound Land. . , . 
 
 [pp. 451-455.] 
 [C.S.P. L p. 173-4.] 
 
 [324.] Star Chamber, 29 January : 
 
 Whereas the Marchants, and owners of Shipping, Marriners Newfound- 
 
 land. 
 
 and ffishermen, of the Ports of Plymouth Dartmouth and 
 Barnstaple vseing the fishing trade in the Newfoundland, did 
 this day by their humble Petition shew, that by virtue of 
 Letters from the Board dated the 23th of Nouember last, the 
 Mayors of the said Townes, were required forthwith to send 
 a man, or two, from each of them to shew reason why the 
 transportation of fish, and other commodities in ahans bottoms 
 should not be prohibited, which they obeyed, and stUl attend the 
 same ; And whereas those that are sent, and employed by 
 the said Townes, by orders from the Marchants, and owners 
 of the said Shipps, as also by the instance, and intreatie of 
 the Inhabitants without the Townes, in the Countrie adiacent, 
 and elsewhere, that vse likewise the said ffishing trade in the 
 Newfoundland, haue procured from his Majestic, and the 
 
198 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 Board, the confirmation of some good, and wholsome Lawes, 
 vnder the Great Scale of England, for the better regulating, 
 and Gouernment of those that Uve there, as also, aU such as 
 shall hereafter resort thether in the said fishing voyages, 
 which will be a great charge and hindrance to the Petitioners 
 should it lye soly vpon them. Now forasmuch as almost 
 halfe the Shipping, that are employed that way, belongeth 
 not to the Petitioners but to such as are Inhabitants in the 
 Countrie, and partes there adjo3ming, and elsewhere, they 
 besought their Lordshipps for reMefe therein. Their Lord- 
 shipps . . . did accordingly Order that both . . . should 
 contribute and beare their partes towards the charge by equal 
 proportions, according to their Tonnage, shares, and aduenture, 
 as it shall be assessed, rated or thought fitt by indifferent 
 men, to be chosen both by the said Townes, and Inhabitants 
 of the Countrie vseing the said fishing trade. [Anyone refusing 
 to do so is to be reported to the Board.] [p. 461.] 
 
 [C.S.P. L p. 174. J 
 [325.] WhitehaU, 10 February: 
 
 Newfound- Whcras divers principall Marchants of London, the Masters 
 Wardens, and Assistants of the Trinitie house, and divers 
 Marchants of the Westerne Ports, were this day called before 
 the Board to the end that vpon heareing the Allegations and 
 propositions on aU parts some Course might be aduised on, and 
 settled for the causeing of aU the ffish, taken by his majesties 
 Subiects, vpon his owne Coasts or in Newfoundland, to be 
 bought vpp and taken off, by EngUsh Marchants, and trans- 
 ported in Enghshe Bottomes onely, and not in fforraigne 
 Bottomes, as formerly hath beene accustomed. Inasmuch 
 as vpon debate therof. It appeared that the accomoda- 
 tion of the said busines could not bee soe speedely effected, 
 as that the Marchants and ffishermen of the said Westerne 
 Ports, could stay theire voyage vntiU the issue and Conclusion 
 therof without sustayneing greate and irrecouerable losse 
 and damage therby some of them being ah-eadie gone and 
 the rest readie to put to Sea. In which reguard they were 
 humble Suitors to the Board, for leaue to sell theire ffish to 
 
1634,1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 199 
 
 Strangers, to be transported in theire Bottomes, as formerly 
 they had beene accustomed. It was therfore thought fitt 
 and ordered, that the said Merchants and ffishermen, should 
 be at liberty to sell theire ffish, to Strangers, to be trans- 
 ported in Strangers Bottomes, for this tyme onely. 
 
 [p. 487. II ].] 
 [326.] Whitehall, 13 February : 
 
 A letter to the BaihfEs and Officers of the Customs at New 
 
 X • 1 1 I. 1 • • 1 England, 
 
 Ipswich, requiring them to make stay of a ship now m the 
 port, bound for New England, and also to] send upp some 
 fitt person to attend the Board on ffryday next, authorized 
 and instructed to showe unto us upon what Grounde, or by 
 what warrant, or authority the said Shipp and Passengers goe 
 thither. [p. 488. H 1.] 
 
 [327.] WhitehaU, 21 February : 
 
 Wheras the Board being giuen to vnderstand, of the frequent New 
 transportation of greate nombers of his majesties Subiects out 
 of this Kingdome to the Plantation called New England 
 (whom divers persons knowe to be ill affected, and discon- 
 tented, aswell with the CiviU as Eoclesiasticall Gouerment) 
 are observed to resorte thither, wherby such confusion and 
 disorder is alreadie growne there, especially in poynt of 
 ReUgion, as besides the ruine of the said Plantation, cannot 
 but highly tend to the ScandaU both of the Church and State 
 here. And wheras it was informed in particular that there 
 were at this present, divers Shipps now in the Riuer of Thames, 
 readie to sett Sayle thither fraighted with Passengers and 
 provision. It was thought fitt and ordered that stay should 
 be forthwith made of the said Shipps vntill further order 
 from the Board. And that the seuerall Masters and fEraighters 
 of the same should attend the Board on Wednesday next in 
 the afternoone, with a List of the Passengers and Provisions 
 in each Shipp : And that Mr. Cradock, a Cheefe Aduenturer 
 in that Plantation now present before the Board, should be 
 required to cause the Letters Patents for that Plantation to 
 be brought to the Board. [p. 503. ^ 2.] 
 
200 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 New 
 England. 
 
 [328.] Whitehall, 22 February: 
 
 An open Warrant directed to Gabriell Marsh Esqr. Marshall 
 of the Admiralty and to all Captains and Masters of his 
 Majesties Shipps, officers of his Majesties Customes &c. 
 
 Whereas wee finde cause to haue stay made of the seuerall 
 Shipps, hereafter named, bound for New England and now 
 lying in the Riuer of Thames, vizt. The Clement and Job ; 
 The Reformation ; The True Loue ; The EHzabeth Bon- 
 aduenture, the Sea fflower, The Mary and John, The Planter ; 
 The EHzabeth and Dorcas, The Hercules of Doner, and 
 another Shippe whereof one Barnes is Master* Theise shalbe 
 therefore to will and require you and euerie of you to whome 
 it shall appertaine, to cause the said Shipps to be forthwith 
 stayde accordingly And not to suffer them nor any of them 
 to departe out of the said River, vntill you shall receaue further 
 order from this Board. [p. 501. Tj 1.] 
 
 New 
 England. 
 
 [329.] Whitehall, 28 February : Present :— Lord Arch 
 Bishop of Canterbury, Lord Keeper, Lord Priuie Seale, Lord 
 high Chamberlaine, Earl of KeUey, Lord Cottington, Mr. 
 Comptroler, Mr. Secretary Windebank. 
 
 [The masters of the ships stayed by Order of the 22nd] were 
 this day called before the Board and seuerall particulars giuen 
 them in charge to be performed in theire said Voyage, amongst 
 which the said Masters were to enter into seuerall Bonds of one 
 hondreth pounds a peece to his Majesties vse, before the 
 Clarke of the Counsell attendant, to obserue and cause to be 
 duely obserued and putt in execution theise Articles following 
 \dzt. 
 
 1. That all and euerie person aboard theire Shippes now 
 bound for New England as aforesaid, that shall blaspheme or 
 prophane the holly name of God be seuerely punished. 
 
 2. That they cause the Prayers contayned in the Booke 
 of Common Prayers estabUshed in the Church of England to 
 
 * The Neptune of London, named at the beginning of the next section, 
 ^n 24 March she was again stayed, but on 28 March released. [pp. 555 and 
 
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 201 
 
 be sayde dayly at the vsuall bowers for morning and Evening 
 Prayers, and tbat tbey cause all persons aboard theire said 
 Shippes to be present at the same. 
 
 3. That they doe not receaue aboard or transporte any 
 person that hath not Certificate from the officers of the Port 
 where he is imbarqued that he hath taken both the oaths of 
 Allegiance and Supremacie. 
 
 4. That vpon theire retourne into this Kingdome they 
 certefie to the Board the names of all such persons as they 
 shall transport, together with theire proceedings in the 
 execution of the aforesaid Articles. 
 
 It was therefore, and for diuers other reasons best knowne 
 to theire Lordships thought fitt, that for this tyme they 
 should be permited to proceed on theire voyage. And it 
 was therevpon ordered, that GabrieU Marsh Esqr. Marshall of 
 the Admiraltie, and all other his majesties officers to whome 
 the said Warrant was directed, should be required vpon sight 
 hereof to discharge all and euerie the said Shipps and suffer 
 them to departe on theire intended voyage to New England. 
 
 A lyke order mutatis mutandis. Requiring the BaiMffes and 
 officers of the Customes of the Port of Ipswich to discharge 
 the fErancis and the Elizabeth, bound likewise for New Eng- 
 land and stayde by hke warrant within that Port. [p. 519.] 
 
 CHARLES I. VOLUME X. (1 June 1634-30 June, 1635.) 
 [330.] The Committee for foreigne Plantations : 
 
 The Lord Arch Bishop of Canter- 
 bury Earl of Dorset 
 
 Earl of SterUng since 
 added 
 Lord Keeper Lord Cottington 
 
 Lord Arch Bishop of Yorke Mr. Treasurer 
 
 Lord Treasurer Mr. Comptroller 
 
202 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 Lord Priuy Seale 
 Earl Marshall 
 
 or any fiue of them. 
 
 Mr. Secretary Coke and 
 
 Mr. Secretary Winde- 
 
 bancke 
 
 [p. 1.] 
 
 [331.] Whitehall, 7 June : 
 Tobacco. [An open warrant to all Justices of the Peace to aid William 
 
 King "to cause to be rooted up and atterly destroyed" all 
 EngUsh tobacco.] [p- 19.] 
 
 [332.] Whitehall, 2 July: 
 Virginia. Whereas the Board is informed that diverse EngUsh 
 
 ships laden with Tobacco in Virginia and other Plantations 
 of his Majestys Subjects, have taken their course from thence 
 into the United Provinces of the Low Countryes, and other 
 foreigne parts and there unladen and solde the same, contrarie 
 to severall orders and Proclamations, and to the manifest 
 prejudice of his Majestys service, [it is therefore expressly 
 ordered that the master, owner, or owners of any ship bound 
 for the plantations shall before his departure give bond to 
 return direct to the port of London, and there unload his whole 
 freight of tobacco]. [p. 27. ^f 2.] 
 
 [333.] Whitehall, 14 July : 
 Virginia. A Letter directed to the Governor and Counsell in Virginia. 
 
 Wee sende you herewith a Petition presented vnto vs by 
 John Woodall an ancient Adventurer and Planter in the 
 Colonic of Virginia whereby you may well vnderstande what 
 complaint he maketh of diuerse servants of his who haue the 
 menaging of his Estate there which he conceiveth to be the 
 value of a thousand poundes at the least, which they seeke 
 to convert to their owne vse not regarding the Petitioners 
 instructions or Commissions, nor their owne Sondes, but with 
 a high hande execute their owne will and pleasure without 
 rendring anie iust account of what they doe ; which if it be 
 true ought in no wyse to be tolerated ; Wherefore wee will 
 and require you vpon receit of these or Letters, to call all 
 
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 203 
 
 the servanntes of the said WoodaU before you, and also such 
 other persons whom it may concerne, and throughly to 
 examine the truth of the Petitioners allegations, and there- 
 upon to take such speedie and effectual! coursse for his reliefe 
 therein, as you shall finds to be fit and iust. And so expecting 
 to receive an account of your proceedings herein. 
 
 [p. 84. U 1.] 
 [334.] WhitehaU, 14 July : 
 
 A Letter to the Governor of Virginia. By our Letters of Virginia, 
 the 16th of August last, wee did autorise and require you not 
 to permit anie straunges to trade within that Colonic by 
 Shipping in regarde of the preiudice which doth thereby growe, 
 and is dayly lykely to increasse aswell to his Majesties Customes 
 and the shipping of this Kingdome as to the plantation it selfe, 
 and did lykewise expresly require you to take Bonde of aU 
 his Majesties Subiectes there that they shall Lande their goodes 
 here in Englande and not elsewhere ; fforasmuch as wee have 
 bene informed that our directions in that behalfe haue not 
 bene put in due execution, but that some strangers haue lately 
 traded there, and some EngUsh ships laden with tobacco, gone 
 directly for HoUande, and there solde the same : Wee cannot 
 but greatly merveyle at youre neglect, especially in a matter 
 of so great consequence ; and doe therefore againe strictly 
 charge, and in his Majesties name comande you to see our 
 aforesayd directions carefully and fuUy executed ; whereof 
 wee will expect from you a particular and exact Account. 
 
 [p. 86. U 1.] 
 
 [335.] Whitehall, 19 July: 
 
 A Letter to the Governor of St. Christophers. [All the st. Christ- 
 growth of tobacco of that plantation shall be brought into °^ ^' 
 England, and there unladed ; for which the Governor will 
 be held answerable.] [p. 98. ^ 2.] 
 
 [336.] WhitehaU, 22 July: 
 
 A Letter to the Governor and Counsell in Virginia. Virginia. 
 Wee haue thought fit hereby to certifie you that his Majesty 
 of his royal favor, and for the better encouragement of the 
 
204 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 
 
 planters there, doth let you knowe that it is not intended that 
 the interestes which men had settled vrhen you were a Cor- 
 poration should be impeached ; that for the present they 
 may enioy their estates and trades with the same freedome 
 and privileges as they did before the recalling of their 
 Patentes. To which purpose also in pursuance of his Majesties 
 gracious intention, Wee doe hereby authorize you to dispose 
 of such proportions of Landes to all those planters being 
 freemen, as you had power to doe before the yeare 1625. 
 Wee haue also thought meet to recommende vnto you in 
 particular, Captaine William Button in regarde of the services 
 done by him to the Plantation as wee are informed, and is best 
 knowne to your selues ; requiring you to allowe him so much 
 Lande on either syde of the Riuer Apamatock, where it may 
 be most convenient for him, as hath bene heretofore vsually 
 granted, for himselfe, and so many servantes as he hath, or 
 shall now transporte ; And for your further powers ; It is 
 now had in consideration; And you shall shortly knowe the 
 Kings farther pleasure. [p. 105. ^ 2.] 
 
 [C.S.P. I. p. 185. J 
 
 [337.] Whitehall, 24 July : 
 
 Tobacco [A warrant to the Justices of the Peace of the county of 
 
 Gloucester. William King having found] that divers persons 
 inhabiting the Townes of Winchcombe, Cheltenham, gutherton 
 Tewkesbury, Arle Charlton Kinge and Ryple . . . have 
 at this tyme greate store of Enghsh Tobacco growing con- 
 trary to his Majestys Proclamation who by reason of their 
 povertie thinke to be excused, [it is to be at once destroyed.] 
 
 [p. 109.] 
 [338.] WhitehaU, 6 August : 
 
 Virginia. A Letter directed to the Gouemor and Councell of Virginia. 
 
 [After referring to the letter of 22 July on behalf of Captain 
 Button, proceeds to] recommend vnto you Adam Thorow- 
 good Esqr ; whose especiall seruices and industry in those partes, 
 haue been carefully applyed, to the aduancement of the Plan- 
 tation, as wee are particularly certified, and your selues weU 
 
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 205 
 
 know, so as for his incouragement in his further proceedings 
 and vndertakinges, wee doe hereby require you to sett forth 
 and allow vnto him so much land on Chisopahseck Riuer to 
 the Southward of the Bay, where it may be most conuenient 
 for him, as haue been heretofore vsually graunted for him- 
 self e and so many persons as he hath, and shall now trans- 
 porte ; together with such Priuiledges and immunities as 
 any haue by the Custome of your Plantation. 
 
 [p. 115. •! 4.] 
 
 [339.] Hampton Court, 29 September: 
 
 An humble Petition haueing this day ben read at the Board Carolana. 
 in the name of Edward KingsweU Esqr. setting forth diuers 
 complaints, and greivances against SamueU Vassall of London 
 Marchant, and one Peter Andrewes his brother in law, Master 
 of a Shipp, for faileing the Petitioner contrary to Agreements 
 and vndertakeings made by the said Vassall, and Andrewes 
 with the Petitioner for the makeing of a Plantation in 
 Carolana. Their Lordshipps haueing taken the said Com- 
 plaints into their due consideration, thought fitt and ordered, 
 that the said Andrewes being already in the Custodie of the 
 Messenger, shalbe there continued vntDl farther order from 
 the Board, And that the said Vassall and Andrewes shall 
 without faile attend the Lords Commissioners at their next 
 sitting in Councell for fforraine Plantations, at which tyme 
 the Petitioner is also to giue his attendance, and prosecute 
 his complaint ; further that Vassall, and Andrewes shall not 
 depart vntill by their Lordshipps they shalbe discharged, 
 whereof all parties whom it may conceme are required to 
 take notice, and to regulate themselues accordingly. 
 
 [p. 136. H 1.] 
 
 [340.] Star Chamber, 26 November: 
 
 [The Lieutenant of the Ordnance is directed to supply Peter Carolana 
 Andrewes, Master of ship the Mayflower, of about 400 tons 
 burden, with 30 barrels of gunpowder, to be paid for at the 
 rate of il. 4s. 'id. per barrell.] [p. 245. T[ 1.] 
 
206 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635. 
 
 New 
 England. 
 
 New 
 England. 
 
 [341.] Wliitehall, 21 January : 
 
 John Cuttings Master of the Shipp called the Francis, and 
 William Andrewes, Master of the EUzabeth both of Ipswich, 
 [having] according to their llordships Order of the last 
 of February 1633 [1634] brought a list of the names 
 of all the Passengers, that went in the said Shipps for New 
 England, in Aprill following [with certificate that these had 
 duly taken the Oaths, their petition for the restoration of 
 their bonds is granted, and Mr. Meautys ordered to deliver 
 them accordingly.] [p. 336. ^ 3.] 
 
 [342.] Whitehall, 18 February : 
 
 [A similar petition having been presented by Thomas 
 Graves, Master of the Reformation, and Nicholas Travill, 
 Master of the Planter, " on the behalfe of themselves, and 
 the rest of the Masters of the Shipps that went to New 
 England in February 1633 [1634]," the Clerk of the Council 
 is ordered to return their bonds to them.] [p. 401. 1| 2.] 
 
 S. VasBall. 
 
 New 
 
 [343.] Star Chamber, 18 February: 
 
 A warrant to discharge Samuell Vassaile from the ffleete. 
 
 [p. 394. If 3.] 
 [344.] Whitehall, 20 March : 
 
 A Letter to the Erie of Portland. Whereas wee are informed 
 Amsterdam, that there lyeth now a Ship of Holland of foure hundreth tuns 
 at the Cowes bound for the Hollanders Plantation in Hudsons 
 River, the Officers of which Ship seeke to drawe, as many of 
 his Majesties subiectes as they can to goe with them 
 by ofEring them large conditions. fEor the preuenting of 
 so preiudiciall a course, wee haue therefore thought fit 
 hereby to pray and require your lordships to take speedy 
 and effectuall order, that all the Enghsh as well in that Ship 
 lying there at this tyme as in any other that shall hereafter 
 come thither or into any of his Majesties Portes, within your 
 Jurisdiction may be stayed, and none of his Majesties Sub- 
 iects suffered to serue any foreine Prince or State without 
 licence from his Majesty or this board which wee earnestly 
 recommende to your lordships especiaU care. [p. 494. f 2.] 
 
1635.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 207 
 
 [345.] Whitehall, 30 April : 
 
 [A warrant with general directions states that much Tobacco. 
 English tobacco is grown in several places, and orders it 
 to be destroyed.] [pp. 543-4.] 
 
 [346.] Starr-Chamber, 12 June : 
 
 To the Kings most Excellent Majestie. The humble Petition Tobacco, 
 of Diuers Marchants and Seamen. Humbly shew to your 
 Majestie that your Petitioners tradeing for Holland in 
 Virginea Leafe Tobacco of your majesties CoUonies Growth 
 &c and sending theire goods thither in Enghsh Shipps, haue bin 
 much vexed and taken by the Dunkirke men of Warr, 
 who haue taken the Shipp Roberte Bonaduenture, Shipp 
 Charitie and Shipp fEortune &c . . . And if any Shipp 
 Carries Tobacco, they thervpon confiscate Shipp and 
 goods pretending Tobacco to be Victualls, when by 
 the opinion of the learned Doctors of Phisick Doctors 
 of Civill Lawe and Councellors at Lawe of this King- 
 dome and of ffrance and fflanders it is held to be 
 noe victual! nor medicinable foode, and soe not Subiect 
 to confiscation, which if it be suffered, will be the overthrowe 
 of many your majesties Subiects,'and decay of the Nauigation 
 of this Kingdome. And although your Royall Majestie was 
 graciousely pleased to grant your Letters to the Prince 
 Cardinall for deUuerie of your Petitioners Shipps and goods. 
 Yet through the meanes of the Judges of Dunkirke such wayes 
 are wrought that your Petitioners goods are sould for them, 
 and the Petitioners cannot get theire goods according to your 
 majesties Request in the said Letters. 
 
 [The petitioners now present before the Board further 
 ask for Letters of Marque ; the case is referred to Sir 
 Henry Martin for consideration and written report.] 
 
 [pp. 612-613.] 
 
208 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635, 
 
 CHARLES I. VOL. XI. (1 July 1635-28 Feb. J 636.) 
 
 [347.] Whitehall, 10 July : 
 
 Tobacco, [-An order to the Justices of the Peace of Gloucester : 
 
 " divers inhabitants within the towne of Winchcombe have 
 threatened that they will not suffer their sayd Tobacco to 
 be destroyed." At other places William King has been 
 violently resisted. " The Constables of the Townes and 
 Parishes of Cheltenham, Tewkesburie Winchcomb and 
 Gulferton " are therefore to take sufficient aid, and to root 
 out the said tobacco.] [pp. 27-8.] 
 
 [348.] Whitehall, 10 August : 
 
 Virginia. This day Tho. Horwood of Virginia, being sent for by 
 
 warrant entered his apearannce and is to remaine in the 
 Messengers custody till further order. [p. 97. ^ 2.] 
 
 Whitehall, 30 September : 
 
 A warrant for Tho. Horwood (now close prisoner in the 
 Gatehouse) to have libertie to goe abroad with his Keeper 
 for the preparing of his business to be heard before his 
 Majesty. [p. 124. ^ 3.] 
 
 [349.] Star Chamber, 22 Nouember : 
 
 Virginia. A Letter directed to the Counsell in Virginia. Whereas 
 
 wee are informed that there is in that Plantation one 
 Thomas Harwood living in the house of WiUiam Horwood of the 
 same Plantation : fforasmuch as there speciall cause for his 
 attendance vpon vs here, wee doe therefore thinke fit, and 
 hereby expresly require you to sende hither the said WiUiam 
 Harwood in safe custody with the first shipp that shall come 
 over. [p, 236. ^ 1.] 
 
 [350.] Whitehall, 23 December : 
 S. Vassall. Whereas by the humble Petition of Samuell Vassell 
 Merchant this Day read at the Boord. Shewinge that vpon 
 
1635.] ACTS OF THE PRIVY CO UNCH^ (COLONIAL). 209 
 
 a Complaint made by Edward Kinswell against the Petitioner 
 
 and Peter Andrewes, it was ordered Sir Abraham Dawes 
 
 Knight and Mr. Edward Nicholas Esqr Clearke of the Counoell 
 
 in ordinary should consider of such dammages, as the said 
 
 Kinswell should present, and make report thereof vnto vs 
 
 which they did, but it is alleadged the Petitioneres were not 
 
 heard therein. And for that the said Kinswells demands were 
 
 for Servantes and goodes transported to Virginia, as by 
 
 Certificate appeares Wee did order the Petitioner and Andrewes 
 
 to pay Kinswell Sixe hundred eleaven pounds one shiUinge 
 
 and foure pence : But now it is alleadged by the said 
 
 Vassall that the said Kinswell not only enioyed all the said 
 
 Servantes, and Goodes, but also Converted to his owne vse 
 
 17 Servants, and some Goods of the Petitioners for which 
 
 as the Petitioner Conceaveth bee receaved at least fower 
 
 hundred and fifty pounds so that if the Petitioner pay the 
 
 said Sixe hundred eleaven pounds one shillinge and fower 
 
 pence KinsweU will not only bee double satisfied for one and 
 
 the same thinge ; but also will enioy fEower hundred and ffifty 
 
 pounds more of the Petitioneres : And forasmuch as the 
 
 Petitioner doeth now ofEer to obey our Order and to pay 
 
 Kinswell the said Money, so hee would assigne the Petitioner 
 
 those Servantes, and Goods for which hee demaunded the 
 
 same ; which hee refusinge to doe, the Petitioner only forbore 
 
 payment, and the Petitioner beinge still ready to deposite the 
 
 said Money vntill his Cause bee better made knowne : his 
 
 humble Suite therefore is that wee would graunt a newe 
 
 Ref errence of his Cause to the said Sir Abraham Dawes Knight 
 
 and Mr. Nicholas Esq or such others as wee shall appointe, 
 
 and that the depositions taken for discovery of the trueth, 
 
 may bee veiwed and Considered [The case is referred to Sir A. 
 
 Dawes and E. Nicholas again, upon VassaU and Andrewes 
 
 depositing QUI. Is. id. as security to abide by the Council's 
 
 decision on their report ; on doing which they are to be] 
 
 set at liberty, and freed from the Serieant at Armes, the 
 
 Messenger and Keeper of the Prison of the Marshalsea. 
 
 [p. 299. If 2.] 
 u 
 
210 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636. 
 
 St. 
 Christopher. 
 
 S. Vassall. 
 
 S. Vassall. 
 
 [351.] Whitehall, 14 January : 
 
 A warrant directed to the Customers and officers of the 
 Port of Lyme. Whereas Richard Tapper and Henry Stone 
 Merchantes of Plymouth haue petitioned for leaue to land 
 about : 12 : Tonn of St. Cristophers Tobaccoe now on Board 
 the shipp called the Margarett of Plymouth which now rideth 
 at Lyme forced in thither in coming for the Port of London 
 by great extremity of weather : 3 : shippes comming in com- 
 pany with them, being cast away as they alleadge in their 
 petition which wee send vnto you here inclosed, praying and 
 requiring you if you find the Information therein to bee true 
 to giue order that the petitioners or their Assignes may haue 
 liberty to land the said Tobaccoe in the Port of Lyme they 
 paying such custome and dueties for the same as is due. 
 
 [p. 354. ^ 2.1 
 [352.] Whitehall, 16 January : 
 
 [On the petition of Samuel Vassall for a rehearing of the 
 
 case between him and Kingswell by Sir A. Dawes and Mr. 
 
 Nicholas], Theire Lordshipps takeing into Consideration that the 
 
 Lords Commissioners for Plantations had formerly made 
 
 an order in this busines, did not thinke fitt to haue any new 
 
 examination for any thing setled alreadie by that order, but 
 
 that it should stand in force and vnquestioned. And that the 
 
 Petitioners should not trouble the Board any further to that 
 
 purpose. [p. 358. ^ 2.] 
 
 [353.] Whitehall, 22 January : 
 
 [After consideration of the case between Vassall and 
 Kingswell,] Theire Lordships did hereby authorize and require, 
 the said Sir Abraham Dawes, forthwith to pay unto the said 
 Kingswell or his Assigne on that behalfe, the said sume of 
 61 li. Is. 4d., ffor doeing whereof, this shall be his sufficient 
 warrant. And touching the fower hundred pounds, whereof 
 the said Vassall doth demaund an Account from Kingswell 
 as also concerning the further demaunds made by the said 
 Kingswell against Vassall, [the Board will give order upon 
 receipt of the report from Sir Abraham Dawes and Mr. 
 Nicholas.] [y,p. 378-9.] 
 
1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 211 
 CHARLES I. VOL. XII. (1 Mar. 1636-27 Nov. 1636.) 
 
 [354.] Whitehall, 29 April : 
 
 Whereas a petition was this day presented to the Board S. Vasaall. 
 by Roger Wingate gentleman and Dorothie his wife 
 Executors of Edward Kingswell Esqr Deceased ; Shewing 
 that the Commissioners for plantations vpon consideration of the 
 cause between the said Kingswell on the one parte, and Samuel 
 Vassall and Peeter Andrewes on the other parte ; did the 2 of 
 July last [authorise the Lord Keeper to issue a Commission 
 to the former referees to consider the particulars of Kings- 
 well's remaining claims amounting to 2099L lis. 9>d., but that 
 Kingswell died after procuring a warrant for this Commission, 
 leaving the petitioners his executors, who now request that 
 the suit may proceed in their names and that the Commission 
 may issue accordingly. The petition is granted and order 
 given as desired.] [p. 119. last ^.] 
 
 [355.] Star Chamber, 11 May : 
 
 Wheras an humble Petition hath beene presented to the Virginia. 
 Board by John Constable Sonne of WiUiam Constable, late 
 Clerke of his majesties Munition at fHushing of his Garrisson 
 there. Shewing that the Petitioner haueing heretofore traded 
 for Virginea and haueing divers debts, oweing to him there, 
 had lately freighted and laden a Shipp at fflushing for a voyage 
 to Virginea and was now come over to put in securitie heere, 
 for the Retourne of his said Shipp and goodes, from Virginea 
 to the Port of London, according to his majesties late 
 Proclamation published on that behalfe. But that the fEarmors 
 of his majesties Customes, of the said Port of London, haue 
 refused to accept of such Bond as aforesaid in reguard the said 
 Shipp is to sett sayle from a forraigne Port. [On consideration 
 of an opinion received from the Farmers of the Customs], 
 Theire Lordshipps . . . did thinke fitt and order that 
 the Petitioner should be permitted for this tyme, in 
 reguard his said Shipp is alreadie freighted, to proceede 
 on his intended voyage, from fflushing aforesaid, hee first 
 
212 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636. 
 
 entring into sufficient Bond before the officers of his 
 majesties Customes of the said Port of London, for the Re- 
 tourne of his said Shipp and goods hither, and for due 
 payment of his majesties Customes and duties for the same. 
 
 [p. 165. last ^.] 
 [356.] Star Chamber, 31 May: 
 
 St. Wheras an humble Petition was this day presented to the 
 
 r 9 op eu -g^g^j,^ i^y Nathaniell Cale, Walter Barret, and Myles Collowhill 
 Marchants. Shewing that theire Shipp called the ffaulcon of 
 Bristoll being lately vpon her Retoume homewards, from St. 
 Christophers with aboute 14000 weight of Tobacco sprung a 
 Leake by the way wherby the said Shipp, with her men and 
 ladeing, being in greate danger to be lost, were forced to runne 
 a Shoare, into the Harbour of Kingsale, in Ireland, and from 
 thence to come afterwards with much hazard into the Port 
 of Bristoll, where the said Tobacco being almost quite spoyled 
 with Salte water, was vnladed. The truth of all which 
 appeareing by good Certiffioate The Petitioners were humble 
 Suitors that in reguard of the premises, they might be per- 
 mitted to dispose of the said Tobacco in those parts without 
 any aduantage to be taken against them or any of them, 
 vpon the Bonds by them entered into, for bringing 
 the same to the Port of London [Their Lordships 
 upon certificate from the Officers of the Customs gave 
 permission as requested] provided they sell the same 
 vnto none, but such as are Lycenced vnder the greate Scale 
 to Retaile Tobacco. [p. 216. last %] 
 
 [357.] Ibid. 
 Barbados. A letter to the Gouernor of the Island of Barbados. 
 [To ensure the safety of the creditors of Captain William 
 Birch you are] to informe your selfe what Estate the said 
 Birch hath in those parts, and in whose hands soeuer you 
 shall finde any parte of the same, if such partie be soluent, 
 that then you continue it in theire hands by way of 
 Sequestration vpon good and sufficient Securitie by them 
 giuen, to be answerable for the same, when they shall 
 
1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 213 
 
 be required, or if otherwise you conceiue the parties 
 in whose hands any of the Estate shall be found, not to be of 
 themselues sufficient nor able to giue good securitie to answer 
 the same. That then you cause the said Estate to be put by 
 way of Sequestration into the hands of such person as shall 
 be desired by the said Creditors vpon lyke Caution and 
 securitie as aforesaid. And the same to be soe continued, vntill 
 you shall haue made CertifRcate vnto vs of your proceedings 
 herein and what the Estate of the said Birch truly is : and 
 vntill you shall thervpon receiue further order from vs for the 
 disposeing therof. [p. 224. last %.] 
 
 [358.] Whitehall, 19 June : 
 
 [An order similar to that of 10 July 1635.] [p. 226.] Tobacco. 
 
 [359.] Hampton Court, 24 June : 
 
 A Letter to the Govemour and Councell of Virginia. Wee Virginia. 
 haue herein sent you the Petition of John WoodaU who 
 deserveth encouragement for his chargeable and constant 
 Adventures into that Plantation : Praying and requiring you 
 to take his Complaint into serious Consideration, and not 
 onely to cause speedy Justice, either to bee done him there 
 against such of his Servantes as shall not give him iust 
 Accompts of his goods and Cattle Committed to them, or other- 
 wise to send them for England to giue him satisfaction for the 
 same here, But also to put and establish his new Agent John 
 Convers in possession of his the said John WoodaUs Estate 
 there whereby hee may at length enioye the same with quietnesae 
 and advantage. As concerning his Commoditie of Bees, Wee 
 conceave it reasonable that hee haue the sole Profifit of those 
 which are his owne, and the disposinge of them as hee desires 
 in his Petition, leaving the same to you to take order therein 
 as shalbee iust, and may bee for the encouragement of him 
 and other the like Adventurers : Wee haue by former Letters 
 recommended to your Care this Petitioners Estate which hee 
 alleageth doeth appeare in your Registers and Bookes to haue 
 formerly been there adiudged to him. Whereof since the Poore 
 Man hath not hitherto receaved that effect and Justice Wee 
 
214 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636-7. 
 
 The 
 Committee 
 
 Tobacco. 
 
 Newfound- 
 land. 
 
 expected. Wee haue thought good by these our second Letters 
 to recommend him againe to you for your furtherannce and 
 assistance in his iust and lawfull requests, praying and requiring 
 you to take the same into your nearer Care, and to giue vs 
 such an Accompt (in convenient time) of your proceedings 
 herein, as that the Petitioner may not haue cause further to 
 trouble vs with his Petitions on this behalf e.* 
 
 [p. 283. last ^.] 
 [C.S.P. L p. 238.] 
 
 CHARLES I. VOLUME 13. (4 Dec. 1636-30 May 1637.) 
 [360.] The Committee for fforeign Plantations : 
 Lord Arch Bishop of Canterbury, Lord Keeper, Lord Arch 
 Bishop of Yorke, Lord Treasurer, Lord Priuie Seale, Earl 
 Marshall, Earl of Dorset, Earl of Sterling, Lord Cottington, 
 Mr. Treasurer, Mr. Comptroller, Mr. Secretary Coke, 
 Mr. Secretary Windebank or any fiue of them.t 
 
 [361.] Whitehall, 24 February : 
 
 [A warrant directed to Gilbert Hyde, Gent.] Whereas we 
 are given to understand, that ther is a greate quantitie of 
 Enghsh tobacco lately brought up to London, out of the 
 County of Glocester, and that there is more dayly exported 
 from thence ; [it is to be seized and kept in safe keeping till 
 further order.] [p. 185. ^ 1.] 
 
 [362.] Whitehall, 10 March : 
 
 This day his Majesty and their Lordshipps, did heare the 
 Businesse, touching the Plantation of Newfoundland ; the 
 Deputies for the west Country being present, and Ukewise 
 heard ; wherevpon (the lords interresed in the said Plantation ; 
 Declareing, that they had no intent to abridge the ffishing, 
 or to restraine them from any Liberties or Priuiledges, which 
 they had formerly enioyed in the ffishing, but rather to increase 
 the same) His Majesty with the aduise of the Board, did order ; 
 
 * Is this the same Woodall mentioned on 27 March, 1636. " A Warrant 
 to the Warden of the ffleete to set at liberty the person of John Woodall, 
 formerly Committed to his Custody " [p. 56] ? 
 
 t The same list is given in vol. xv. p. 1. 
 
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 215 
 
 that his Sollicitor Generall, shall prepare a Draught of a 
 Patent for Plantation in Newfoundland, to bee presented to 
 his Majesty and the Board ; and then to be Communicated to 
 the said Deputies of the west Country, and their Councell ; 
 to the end they may make their exceptions to anything therein, 
 Concerning their fishing, if they shall find Cause. 
 
 [p. 235. U 2.] 
 [363.] Whitehall, 4 April : 
 
 A Warrant directed to the ffarmors and officers of his Virginia. 
 Majestys Customes and to all others his Majestys officers 
 whom it may concerne. 
 
 Whereas John ffarrington John Bradley and Thomas 
 Jennings on the behalfe of themselues and others the 
 Adventurers and Planters in Virginea did by their hiimble 
 petition informe the Board that the officers of the 
 Custome House in London would not now suffer the petitioners 
 to transport such Provisions for that Plantation as formerly 
 they were accustomed (in regard the Pattent for the said 
 Plantation is called in,) wherein the petitioners made humble 
 Sute for releife by warrant from the Board : Theis are there- 
 fore to wiU and require you and every of you whom it may 
 concerne to permitt and suffer the petitioners to Shipp and 
 transport such proportions of Powder Shott and other 
 munitions, As alsoe such Butter meale Candles and all other 
 necessary provisions whatsoeuer as are provided by the peti- 
 tioners aswell for supply of the Passengers (now furnished with 
 Shipping and ready to put to sea) in their Voyage thither, as 
 likewise for supply of the Cuntrey and Planters : And this 
 to be performed and allowed vnto them in as full and ample 
 manner as was wont to bee before the calling in of the said 
 Pattent : Though not to be vnderstood to extend further 
 then the present occasion of such Shipps as they haue prepared 
 in readinesse for this one Voyage. [p. 30L last ][.] 
 
 [364.] Whitehall, 19 April: 
 
 [John Crewkerne and other deputies for the Western Ports Newfound- 
 petition that a time be appointed them for presenting to the *°*^' 
 
uxd. 
 
 216 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1637. 
 
 Board their exceptions against the desired Patent for New- 
 foundland. The 26th is accordingly fixed for the hearing 
 and all concerned are to take notice and give their atten- 
 dance.] [p. 319. H 1.] 
 
 [365.] Whitehall, 30 April : 
 
 rewfound- [Both parties having been heard with regard to the 
 proposed plantation of Newfoundland, and the patentees 
 professing all wiUingness to come to terms] It was 
 ordered by his Majesty that the said Deputies of 
 the said Westerne Portes should give Coppies of their 
 said exceptions and petition vnto his Majestys SoUicitor 
 generall (being specially intrusted and Charged by his 
 Majesty with the Care of this Businea, and that a Coppie 
 of the said Pattent as it now stands, should by him 
 bee given vnto the said Deputies, to the end that they by 
 their Councell learned or otherwise, might the better consider 
 of such Clauses therein as they should thinke to neede 
 alteration, explanation or addition, and make an other Draught 
 such as they shall like best to secure themselues from 
 oppression or Damage, the same to bee Communicated vnto 
 hia Majestys Sollicitor generall, who is required to heare both 
 parties with their Councell Learned, and to agree and settle 
 such Pointes wherein either Side shall remayne vnsatisfied ; 
 But yf a perfect Agreement betwixt the said Patentees and 
 the said Westerne Portes shaU not this way bee obtayned, 
 then his Majestys said Sollicitor to sett downe in writing the 
 Pointes that shaU Remaine in difference to bee presented to 
 hia Majesty or to the Board (together with his opinion) for 
 such fynall order and determination therein, as shall bee 
 found fittest for the Common good and welfare of aU his 
 Majestys loving Subiectes whether Planters or ffisshers which 
 for such ends shall repaire unto or frequent the said Coast and 
 Countrey of Newfound Land aforesaid : And in the agitation 
 • of theise things and the Conferrences, and Reportes thus 
 appointed, touching the same. It was his Majestys speciall 
 Commaund, That noe time should bee mispent nor protraction 
 
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 217 
 
 or delay vsed by the parties, Considering the Season of the 
 Yeare, soe neare allready and att Hand : Of all which the 
 parties aforesaid are hereby required to take notice, And 
 to governe themselues accordingly. [p. 349. ^ 2.] 
 
 [366.J Inner Star Chamber, 3 May : 
 
 Their Lordships, taking into consideration the Pattent New 
 
 graunted to the Governour of New England, did this day Order 
 
 That Mr. Attumey generall bee hereby prayed and required 
 
 to call in for the said Pattent and present the same to the 
 
 Board or the Committee for forraigne Plantations. 
 
 [p. 372. II 2.] 
 
 [C.S.P. I. p. 251.] 
 [367.] Star Chamber, 25 May : 
 
 A Letter directed to the Governour and Company of all his Virginia. 
 Majestys Colony att Virginia. Whereas a Petition hath been 
 presented to Vs in the names of John West esqr Samuell 
 Matthew, John Vtye and William Pierce, Shewing That they, in 
 obedience to his Majestys Command given to you the Governor 
 of Virginia having all of them (excepting onely William 
 Pierce who came into the Kingdome a yeare past) been sent 
 as Prisoners into England That since their arrivaU here, the 
 Petitioners vnderstand by severall Letters from Virginia that 
 divers of their Goods Cattle and Servants have been seized 
 on by Order from you the said Governor vpon what 
 pretences they knowe not, as by the said Petition a Coppy 
 whereof is here inclosed appeares. fforasmuch as the said 
 Persons have hitherto (since your last Arrivall in those parts 
 shewed Obedience to the Commands and directions that have 
 been delivered to them from hence, and for that they are 
 here attending his Majestys pleasure for a hearing [those with 
 whom they have left their servants, goods and cattle are 
 quietly and peaceably to enjoy the same tiU further order, 
 and any such goods, servants or cattle which have been taken 
 are to be at once restored]. And Wee moreover require aswell 
 you the said Governor as all others whatsoever to forbeare to 
 vse or suffer any such course or proceedings against any of 
 
218 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1637. 
 
 Virginia. 
 
 the said Petitioners Estates Servants or Trustees on that 
 side till further Order from his Majestic or this Boord. 
 
 [p. 452.] 
 [C.S.P. I. p. 252-3.] 
 
 [368.] Star Chamber, 25 May : 
 
 The Petition of Edward Walker Master of a Ship called 
 the Ensurance whereby hee humbly desired leave for reasons 
 therein mentioned to transport into the parts beyond the Seas 
 fower Tons or thereabouts of Campechia wood brought out of 
 Virginia being referred by the Board to the ffarmers of the 
 Custome house London to examine, [and the said farmers 
 having reported that the said wood] was laden for England 
 conditionally if it might bee here Landed otherwise to bee 
 exported . . and the Master of the Shipp was 
 
 bound in a Bond of 1,000Z. to returne with his lading from the 
 English Plantations into England, and did give notice of the 
 said fower Tonus of Capechia wood to the Oificers, at his 
 first arrivall, [the Farmers of the Customs recommend that 
 his petition be granted, which is accordingly done]. 
 
 [p. 456. II 1.] 
 
 Newfound- 
 land. 
 
 CHARLES I. VOLUME XIV. [1 June 1637-28 Feb. 1638.] 
 
 [369.] Star Chamber, 25 June : 
 
 His majestie being this day present in Councell the 
 Question in debate betweene the Patentees for the Plantation 
 in Newfound Land and the Deputies of the Westerne ports 
 concerning the imposition of 5 : in the hundred to be leauied on 
 all such sacks of Stranger which shall come and take off 
 theire ffishes in the Ports there, was debated and settled as 
 foUoweth. ffirst the said Patentees did consent, that if any 
 Strangers doe come to buy fish in theire Plantation the said 
 Imposition of 5 in the hundered shall be leauyed vpon them as 
 well as vpon those Strangers that trade with the ffisherme. 
 Which was ordered accordingly. Secondly the said Patentees 
 doe vndertake that for Releefe of the said ffishermen, because 
 
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 219 
 
 the Strangers (as the deputies of the westerne ports doe 
 apprehend) wiU not come with theire Sacks to take off theire. 
 ffishe as heretofore in reguard of this new imposition. They 
 the said Patentees will take off such quantities of theire ffish 
 yearely from tyme to tyme as vsually they haue sould to 
 Strangers by a medium of 7 yeares last past which is to be 
 setled and agreed betweene the said Patentees and the 
 deputies of the said Westerne ports. And that they the said 
 Patentees will pay such Rates for the same, and in such 
 manner as the English which goe thither doe yearely pay and 
 wiU forthwith giue sufficient security by Marchants of London 
 for the due performance of the same. AU which was lykewise 
 ordered accordingly. Lastly it was ordered that the Patent 
 should be perfected and passed, without any further delay. 
 
 [p. 66. last ^.] 
 [370.] Star Chamber, 30 June : 
 
 [The case of the creditors of Captain William Birch, whose Barbados, 
 goods had formerly, by direction from the Board, been seques- 
 tered by the Governor of Barbados, having been referred 
 to Sir Paul Pinder and Sir John Wolstenholme, the Council 
 approve, and give order in accordance with their re- 
 port, dated 28 June,] — According to your Lordshipps 
 order, we haue called before vs the widow Byrch, Ad- 
 ministratrix Thomas Wannerton, Capt. Hyde, with divers 
 other Creditors of Capt. William Byrch deceased, and in our 
 presence vpon the 16th day of May last aswell the said 
 Administratrix as the said Tho. Wannerton and others on the 
 behalfe of the Rest of the Creditors did acknoledge to haue 
 formerly contracted and agreed. That the said Widowe 
 (surrendering her Administration to the said Thomas Wannerton 
 for and to the behoofe, of the rest of the Creditors) should haue 
 one fifth parte of the Estate of her said husband deceased 
 (the Charges deducted) togeither with the overplus if any 
 should be. Which Contract being presented vnto vs was againe 
 acknowledged and confirmed by the said widowe, and Creditors 
 and Coppies thereof subscribed respectiuely deliuered each to 
 other. Whervnto we haue thought fitt to add. That the 
 
220 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637. 
 
 said Thomas Wannerton (asigned for the rest of the Creditors) 
 shall promise to ayde the said Widowe the best he cann if 
 she shall be troubled with any suite hereafter, for or concerning 
 the said Administration. And herevpon wee conceiue your 
 Lordshipps may be pleased to order the Gouemor to deliuer 
 or cause to be deliuered, aswell all the goods and debts of the 
 said Capt. Byrch deceased, by him formerly sequestered, into 
 the hands and possession of the said Thomas Wannerton, or his 
 Assignes to the vse of the said Widowe, and Creditors afore- 
 said, according to the tenor and intent of the said Contract. 
 And alsoe to ayde and assist, the said Wannerton or his 
 Assignes, in the Recouerie of what els of the said Estate can 
 be discouered in the Barbadoes or elswher. [pp. 83-84. J 
 
 [371.] Greenwich, 9 July : 
 
 Newfound- It was this day ordered at the Board, (his Majesty being 
 present) that the Patentees for the Plantation for Newfoundland, 
 shall haue their Patent forthwith passed, according as it 
 hath been directed, by former orders of the Board ; wherein it 
 is to bee expressed, that the Patentees, shall take of strangers, 
 that buy of the fish from the fishermen, an Impost of fiue fishes 
 in the hundrith ; the hundrith of fish, conteyning 120 fishes. 
 And it is further ordered, that the fishermen of the West 
 Countrey, before their setting forth from this Countrey, shall 
 declare to the said Patentees, what quantities of fish, they will 
 vndertake, to deliuer to the said Patentees, in the Newfound- 
 land, by a Medium of .7. yeares last past, according to an order 
 of the Board, of the 25th of June last ; And the said Patentees 
 are to giue them security here, by sufficient Merchantes of 
 London, according to the said order, to take off and pay for 
 the same. And it is ordered, that vntill the same be performed, 
 the shipps of the said Patentees, shall not bee suffered to departe 
 hence. And this is to bee performed from yeare to yeare. 
 
 [p. 122. last %] 
 [372.] Oatlands, 6 August : 
 
 Virginia. [Upon a petition of the planters and adventurers for Vir- 
 
 ginia, they are permitted to] shipp and transport to the Place 
 
1637.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 221 
 
 aforesaid as formerly, Powder, Shott and other Munitions, as 
 also Butter, Meale, Candles, and all other necessary provisions 
 . according to a warrant of the fifth of Aprill 
 last. [This permission is to be for this occasion only, and 
 subject to the consent of the Lord Treasurer, on whom 
 the petitioners are forthwith to attend.] [p. 171. ^ 3.] 
 
 [373.] Oatlands, 27 August: 
 
 A Letter to Sir Henry Marten Knight Judge of the Admyralty. Virginia. 
 Wee send you inclosed a Petition presented vnto vs by Joseph 
 Sanders Marchant shewing that the Petitioner about a yeare 
 agoe sent to Virginea in two Shipps Goods to the Valewe of 
 3500Z. and vp wards reckoning with the same the VictuaUing of 
 the said Shipps and other Charges, And also sent 83 Servants 
 to bee employed there And that one Hugh Weston going 
 Master of one of the said Shipps (in which the Petitioners 
 ff actors went over who all dyed by the way in that Voyage) 
 did most dishonestly and vnconscionably take into his posses- 
 sion (as his owne proper goods all the Adventure and goods 
 of the Petitioner and his said fEactors and also diverse goods 
 of other Marchants, causeing the proper and pecuUer Markes 
 of severall parcells of goods to bee cutt out, and his owne 
 Markes to bee sett thereon. And that soe soone as the Petitioners 
 said ffactors were dead the said Weston tooke there Trunckes 
 wherein their moneyes were into his handes, with all their 
 Bookes of Account and all their other Specialties and writings 
 concerning the said Adventure . . . the Petitioner for his 
 better releife makes humble suite to haue this Complaint 
 recommended vnto you from this Board, he haveing arrested 
 the said Weston and being to proceed with him before you. 
 [If the case prove to be such as is alledged, the petitioner 
 is to be afforded aU lawful favour; the Judge to re- 
 port to the Board, and] to Certify what further directions 
 you conceaue fitt to bee given from the Board for the Peti- 
 tioners reliefe or for the explary punishment of the said 
 Weston. [p. 183. «[ 1.] 
 
 [To a similar letter sent to the Governor and Council of 
 
222 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637. 
 
 Virginia. 
 
 Providence 
 and 
 
 Henrietta 
 Islands. 
 
 Virginia is added a postcript, which has been erased, with 
 the marginal note " Postscript Vacat." It reads as fol- 
 lows] : fEorasmuch as at the signing hereof wee are informed 
 that the said Weston is arrested here, Whereupon wee have 
 recommended the Busines to the especial care of the Judge 
 of the Admyralty : You are therefore to seize and cause to 
 remayne in safety and forth-coming such goods and servants 
 as you shall finde to belong to the Petitioner, And to make 
 retourne to the said Judge of the Admyralty here. 
 
 [pp. 183-4.J 
 
 [374.] Hampton Court, 19 September : 
 
 A Letter to the Governoxir and Councell of Virginia. 
 Whereas Lawrence Evans Merchaunt this last yeare sent for 
 Virginia, in the Rebecca, the George and the HopeweU whereof 
 were Masters Richard Buckham, Robert Page and William 
 Smith, not onely divers Servaunts but Goods to the value of 
 Two thousand pounds and a ffactor who being Imbarqued 
 in one of them died by the way, wherevpon much of his Goods 
 were embezeled by the said Masters and their Mariners, and 
 the residue were deUvered to one Francis Poeties another of 
 his ffactors there, to whome having consigned the aforesaid 
 Servaunts and Goods in case his said ffactor should dye at 
 Sea, the said Poetres signifies by his Letters to Evans that the 
 parcells of Goods receaved by him came farre short of the Bill 
 of Lading, and returnes him but One hundred and fifty pounds 
 in Commodities for his said 2000L [Their Lordships there- 
 fore refer the petition of Evaias to the Governor and 
 Council, with strict injunctions to examine thoroughly into 
 the matter.] [p. 220. If 2.] 
 
 [C.S.P. I. p. 258.] 
 
 [375.] Hampton Court, 29 September : 
 
 The annexed Petition of the Right honourable the Earle of 
 Holland, touching the Islands of Providence and Henrietta, 
 together with divers other Isles lying betwixt the degrees of 
 6 and 24, from the Equinoctiall Lyne in Northerly latitude, 
 and betweene 290 and 310 of Longitude being this day 
 presented to his Majesbie, sitting in CounceU and read at the 
 
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 223 
 
 Boord, It was Ordered that the same should bee referred to 
 
 the consideration of the Lords and others Commissioners for 
 
 Plantations, who are prayed to meete vpon the second Tuesday 
 
 in the next Terme at Whitehall, and to call thither vnto them 
 
 Sir Henry Martin Knight Judge of the Admiralty, and Mr. 
 
 Atturney generall, and vpon advice and debate of the par- 
 
 ticulers contained aswell in the said Petition, as in the Paper 
 
 thereto annexed, to certefie to his Majestic, whether all or 
 
 what part thereof they conceave may bee fit to bee graunted. 
 
 [p. 228. last ^.] 
 
 [C.S.P. I. p. 258.] 
 [376.] Hampton Court, 29 September : 
 
 Vpon a Petition presented to the Boord in the name of Virginia. 
 William Peirce, shewing that about 18 moneths since, hee 
 came into England from Virginia, in which time there was 
 a Complaint made to his Majestic against the Petitioner and 
 others. Whereupon, his Majestys Atturney generall, hath of 
 late exhibited an Information in the Star chamber, to which the 
 Petitioner hath answered, and been examined vpon Interroga- 
 tories, and wilbee ever ready to abide such order as shalbee 
 given vpon hearing of the said Cause. And having spent the 
 meanes he brought over with him, soe as hee is vnable to subsist 
 here any longer, besought their Lordshipps to give him Licence 
 to goe backe into Virginia, for some short time, to make his 
 Provision, and to settle his Estate there, which is in danger 
 to bee lost, to his vtter mine, having noe other meanes to 
 maintaine himselfe, his wife and Children. It was this day 
 Ordered that the said William Peirce putting in good Security, 
 in the Sum of one thousand pounds before Mr. Goad Deputy 
 Clerck of the Star chamber, to appeare and attend in his 
 Majestys Court of Star chamber at such day as his Majestys 
 Atturney generall shall appoint and set downe, shalbee per- 
 mitted to repaire into Virginia for the better disposing of his 
 affaires there. [p. 230. last %] 
 
 [C.S.P. I. p. 258.] 
 
 [377.] Ibid. 
 
 Margaret and Elizabeth Gates Daughters of Sir Thomas Virginia, 
 
224 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 Gates Knight and Margaret Gates the Widdow of Anthony 
 Gates Sonne of the said Sir Thomas, [set forth that there are] 
 certaine moneys due vnto Captaine Thomas Gates deceased, 
 Sonne of the said Sir Thomas, for his Services in the Voyages 
 to Cades, Rez, and Rochell in which Service by a Cannon shot 
 hee lost his Ufe. . . . Being destitute of meanes to re- 
 lieve their wants, or to convey them into Virginia where their 
 father Governor of that Isle died, and left his Estate in the 
 hands of divers Persons who have ever since vnlawfuUy 
 detained the same, [they besought speedy payment of the 
 moneys. The Lord Treasurer is prayed to give order for 
 speedy payment]. [p. 231. ]f 3.] 
 
 [C.S.P. IV. 182.] 
 
 [378.] Star Chamber, 18 October : 
 Virginia. A Letter to Sir John Haruy Knight Gouemor of Virginea. 
 
 We send you inclosed a petition presented to this Board by 
 John Woodhall a Planter there wherby he hath represented 
 vnto vs, what Care and Expedition you haue vsed, (according 
 to our Letters of Recomendation on that behalf e) in doeing 
 him Justice against such persons as had preiudiced him in his 
 Estate there, or detayned any parte therof from him, for 
 which your readines and good Endeavours, expressed in pur- 
 suance of the directions of this Board, we take very well at 
 your hands, and doe hereby retourne you thanks for the same 
 praying you to continue your Care, towards him for the better 
 preservation of his Estate from the lyke Inconveniences here- 
 after ; And further we doe thinke fitt, that for the Petitioners 
 particular Releefe in this Case, he be lycenced to transporte, 
 and make sale of his Stock of Cattell, according to his petition 
 to such other English Plantations thereaboutes as may be most 
 aduantagious vnto him. [p. 307. If 1.] 
 
 [379.] Whitehall, 12 January : 
 Bermudas. Whereas a petition was this day presented to the Boord 
 in the name of the Governor and Company of London for the 
 plantation of the Summer Islands shewing That whereas there 
 
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 225 
 
 being lately wrecked upon the Coast of the said Summer Islands 
 a small Spanish vessell whose lading was Logwood to the 
 quantity of about 100 Tunnes (as they are informed) the same 
 hath been recovered out of the Sea by the Governor there 
 resident at the greate charge and expence of the said Com- 
 pany which said Commodity (as they beleeve) the Governor 
 there will lade vpon the shipp or shipps sent by the petitioners 
 this yeare for bringing the Crop of Tobacco of those Islands for 
 the Port of London, fforasmuch as the Petitioners vnderstand 
 that the importation of Logwood is prohibited (whereof they 
 conceaue the Governor there is ignoraunt) And for that also 
 the Adventurers are bound by ObUgation to bring the said 
 Tobacco to the port of London onely in respect of the Customes 
 due vpon that Commodity. The petitioners besought their 
 Lordshipps, that since it is impossible for them in this Case 
 to avoid one of the Inconveniences aforesaid, to graunt them 
 Licence for bringing in of the said Wood, and Libertie for 
 transportation of the same within 1 2 moneths, and the rather 
 for that it fell by such an accident to the Petitioners who other- 
 wise would not haue permitted the same to bee done : 
 [Their Lordships, in view of the special circumstances, gave 
 order accordingly.] lP- 507.] 
 
 [C.S.P. L p. 261.] 
 
 CHARLES I. VOLUME XV. (1 March 1638-29 Dec. 1638.) 
 [380.] Whitehall, 14 March : Present : — The Kings most 
 Excellent Majesty, Lord Arch Bishopp of Canterbury, Lord 
 Keeper, Lord Treasurer, Lord Priuie Seale, Lord Marquis 
 Hamilton, Lord Chamberlaine, Earl of Northumberland, 
 Earl of Dorsett, Earl of Salsbury, Earl of Holland, Lord 
 Cottington, Lord Newburgh, Mr. Treasurer, Mr. Comptroller, 
 Mr. Secretary Coke, Mr. Secretary Windebanke. 
 
 His Majesty and the Board, did this day take into Con- Tobacco, 
 sideration, the businesse of Tobacco ; And finding, that it will 
 bee impossible for those, whose Stock and seruice, his Majesty 
 
 15 
 
226 ACTS OF THE PETVY COUlSrCIL (COLONIAL). [1638. 
 
 is pleased to commaund, for the Regulating of the Trade of 
 Tobaccoe, and increase of his Reuennew by that Commodity ; 
 to master so great a worke, without a power to Reduce the 
 vast quantities of Tobaccoe, which now are planted vpon euery 
 severall plantation, to some reasonable proportion ; and to 
 doe diuers other Actes, of as great a consequence for the 
 setling of the businesse. And in regard it cannot bee done, 
 without treating with the seueraU Marchants, and owners 
 liueing here, and in other parts of this Kingdome, who haue 
 interrest in the said Plantations. And also, because they, 
 who are ingaged in the woorke, haue yet no power to call so 
 many seuerall men together, or to treate with them effectually 
 in it, for the aduancement of his Majestys seruice, which not- 
 withstanding, the time of the yeare requires, to bee done with 
 all expedition, and before the Patent cann bee passed ; by 
 which they shall haue power to effect it otherwise. It was by 
 his Majesty with the aduise of the Board, thought fitt and 
 ordered, That all those, whose Stocks and seruice, are 
 ymployed in the said Trade, or so many of them, as shall by 
 them, bee thought conuenient, shall bee hereby authorised, 
 to call before them, all, or so many, as they shall thinke fitt, 
 of the Merchants, oweners, and Planters, and Masters of 
 Shipping, as haue interrest in the severall Plantations, and are 
 here now resident, in or neare about this Citty ; whether 
 they bee Inhabitants here, or dwelling in other parts of the 
 Kingdome ; To treate with them, about the Regulation, Plant- 
 ing, Condition, and makeing vp, and generally, whatsoeuer 
 may concerne the quaUytie, quantity, or price of the Tobacco, 
 which shall bee brought from the Plantations for the future. 
 To doe as much as may bee done here ; to reduce them to 
 a reasonable quantity, and more vendible proportion for the 
 time to come ; and agree on such a price, as may bee both 
 for the good of the Planter, and the aduancement of the 
 seruice vndertaken ; To informe themselues, which way, the 
 plantations may hereafter bee serued, with those necessary 
 Commodities, which they wannt, at such reasonable Rates, 
 as may both giue them a better subsistance that way, then 
 
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 227 
 
 they haue formerly enioyed, and preuent the miseries, which 
 heretofore haue fallen vpon them. And generally to treate 
 with them, on all such heades, and to informe themselues, in 
 all such particulars, as may eyther giue them light, how to 
 instruct their Agentes, who shall bee hereafter sent to the 
 seuerall Plantations, to treate with such as Inhabite there ; 
 or to facillitate the setling of the businesse here ; All which, 
 and what els shall bee necessary, for that seruice, they are to 
 doe, as Agentes, appointed by his Majesty and this Board, for 
 the aduancement of his Majesties seruice, and are authorised 
 hereby to that effect. Hereof all persons, whom it may con- 
 cerne, are required to take knowledge, and to conforme, and 
 gouerne themselues accordingly. [p. 26. ^ 2.] 
 
 [381.] Whitehall, 30 March : 
 
 It was this day ordered for reasons importing the State best New 
 knowne vnto theire Lordshipps. That the Lord Treasurer "^ ^^ 
 of England shaU take speedy and efEectuaU order, for the 
 stay of eight Shipps now on the Riuer of Thames, prepared 
 to goe for new England : And shall lykewise giue order for 
 the putting on land, of all the Passengers and provisions 
 therin intended for that Voyage. [p. 46. ^ 2.] 
 
 [382.] Whitehall, 31 March : 
 
 A Letter directed to the Gouernor of the Barbadoes. Barbados. 
 Whereas Mr. Courtine and Mr. Munsey, haue by their humble 
 petition, informed the Board ; that Sir William Courteene, the 
 father of the one, and Mr. Munsey husband to the other, vsed 
 much endeuour, and were at great Charge, for the aduance- 
 ment of that Plantation ; and did employ one Capt. Powell 
 whom they fournished with monies and prouisions of good 
 valew, from time to time, on that behalfe. And that the said 
 Capt. Powell, being lately dead, his Executors haue taken 
 into their Custody, and possessed themselues of the Estate and 
 goodes there, belonging to the petitioners and onely managed 
 by the said Powell, in trust for them ; wherein the petitioners, 
 
228 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 humbly besought the Board for Releefe. Wee vpon Consider- 
 ation had thereof, finding the petitioners Case (if it bee such as 
 is informed) fitt to bee releeued, Haue thought good hereby, 
 to recommend it to your especiall Care, to giue eflectuall order, 
 that the petitioners Agentes, may receaue lawfull assistance 
 and Countenance in the prosecuting of the recouery of the 
 petitioners Goodes and Estate, belonging to them there, as 
 you shall find the iustnesse of their Case to deserue ; so that 
 others, may not bee discouraged hereafter (by such persons 
 as they employ) to further and aduance Plantations, or ; 
 workes of Mke kind. [p. 55. T| 1.] 
 
 [383.] Whitehall, 1 April : 
 
 jd-g^ Whereas by order of the 30th of March last, the Lord 
 
 England. Treasurer was prayed and required to giue order for the stay 
 of : 8 : Shipps prepared for New-England : fforasmuch as the 
 Board was this day informed that there are diverse other 
 Shipps bound or prepareing to goe for New-England aforesaid ; 
 of which some being allready stayed, It was further ordered, 
 by his Majesty with the vnanimous consent of the whole 
 Board, That the Lord Treasurer shall bee hereby prayed and 
 required to take effectuall order for the stay of all Shipps 
 now discovered to bee bound for New-England, or that shall 
 hereafter bee discovered to bee prepared or to intend to goe 
 thither, vntill further order from the Board : And that his 
 Lordshipp cause the Passengers and Provisions to bee put on 
 Shoare, as was directed touching the said 8 Shipps. 
 
 [p. 62. 11 2.] 
 
 [384. J Whitehall, 6 April: Present :— The Kings most 
 excellent Majestic, Lord Arch Bishop of Canterbury, Lord 
 Keeper, Lord Treasurer, Lord Privy Scale, Lord Duke of 
 Lenox, Earl Marshall, Earl of Northumberland, Earl of 
 Salisbury, Lord Cottington, Lord Newburgh, Mr. Treasurer, 
 Mr. Vice Chamberlayne, Mr. Secretary Coke, Mr. Secretary 
 Windebanke. 
 
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 229 
 
 His Majestie and the Board takeing this day into Con- New 
 sideration, the frequent resort to New England, of diverse "^^'^ ' 
 persons ill affected, to the Religion established in the Church 
 of England, and to the good and peaceable Goverment of this 
 State ; However vpon the humble petition of the Marchants, 
 Passengers and owners of Shipps now bound for New Eng- 
 land, and vpon the reasons by them represented to the Board, 
 his Majestie was gratiously pleased, at this time to free them 
 from a late restraint, and to sett them at Libertie to proceed 
 on in their intended voyage : Nevertheles, his Majesty well 
 knowing the factious disposition of the People (for a great 
 parte of them) in that Plantation, and how vnfitt and vn- 
 worthie they are of any support or Countenance from hence, in 
 respect of the great disorders and want of Goverment amongst 
 them, whereof sundry and great Complaints haue beene 
 presented to the Board, and made appeare to bee true, by those 
 that being well affected both for ReUgion and Goverment 
 haue suffered much losse in their Estates by the vnruly and 
 factious partie, did thinke fitt and order That Mr. Atturney 
 Generall shall forthwith draw vpp a Proclamation expresseing 
 his Majestys Royall pleasure to prohibite all Marchants, Masters 
 and Owners of Shipps from henceforth, to sett forth any shipp 
 or Shipps, with Passengers for New England, till they haue 
 first obtayned special! Lycence on that behalfe, from such of 
 the Lords of his Majestys most honourable Privy CounceU, 
 as are appointed for the Businesses of fforraigne Plantations, 
 by SpeciaU Commission. [p. 79. ^1.] 
 
 [385.] Whitehall, 6 April : Present : — ^Archbishop of Canter- 
 bury, Lord Keeper, Lord Treasurer. 
 
 [■petitions having been presented] in the names of the New 
 
 England. 
 
 Marchants Passengers, Masters and Owners of shipps bound 
 for New England, [their Lordships, for the reasons expressed 
 therein], as also for other good causes falling within their 
 Lordships grave and wise Considerations, . . thought 
 fitt and orderea that the said Restraint should bee 
 taken off . . . And that for this one voyage, as well 
 
230 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 the shippa and provisions, as also the passengers thereon 
 depending should be cleared and suffered to proceed in their 
 intended Journey on such Termes and Conditions only as 
 they were formerly subject unto before the time of their late 
 restraint and noe other. [p. 86. ^ l.J 
 
 New 
 England. 
 
 Virginia. 
 
 [386.] WhitehaU, 10 April : 
 
 A Passe for Nehemiah Bourne of the parish of White 
 Chappell White Baker to Travayle into the partes of 
 America : with a Clause to the Searchers touching prohibited 
 goods. [p. 81. ^ 2.] 
 
 [387.] Whitehall, 17 AprU : 
 
 A Letter to the High Sherriffs and Justices of Dorsettshire 
 and Hampshire. Whereas wee are informed of the great and 
 secrett abuses committed in that Countie and other the Westerne 
 partes, by the Company of New England and such as send 
 Commodities thither who vnderhand provyde and secrettly 
 transport extraordinary quantities of Wheate, Beanes, Butter 
 Beere, Cheese Bacon and Uke Provisions to the great 
 preiudice of the Poore thereaboutes, and the inhaunceing of 
 the Prices of those Commodities, whereof wee haveing taken 
 Consideration, haue thought good hereby, to recommend it 
 to your especiaU Care to take notice of the same, and to cause 
 diligent Search to bee made for all such provisions as afore- 
 said, and that you take view and make stay of all such Com- 
 modities of Victuall as shalbee found prepared to bee trans- 
 ported, in manner aforesaid ; And to make Certificate to the 
 Board, of what quantity and value they are, and to whom 
 they doe belong and in the meane time, to stay them in safe 
 handes till you receiue further directions from vs. 
 
 [p. 99. ^ 3.] 
 [388.] Inner Star Chamber, 4 May. 
 
 Whereas the Planters in Virginea did by their Petition 
 represent that having brought such goodes as might furnish 
 and supply their occasions at their arrivall here they found 
 
1G38.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 231 
 
 a prohibition of Trade except to some particuler men, who will 
 not giue a price whereby the Petitioners may subsist and pro- 
 vide for their necessities here or maintaine their ffamilies in 
 Virginea. And therefore besought their Lordshipps that those 
 men who are appointed buyers may either giue the same rates 
 for the Petitioners Commodities as they gaue for the first 
 shipp, or that the Petitioners may bee left to a free trade paying 
 his Majestie the same Custome and Impost (Vizt 4d. per pound) 
 as formerly they haue done. Their Lordships taking the same 
 into consideration did Order that a Coppy of the Petition 
 should bee delivered to the Agentes for Tobacco who are to 
 consider of the particulars and returne their Answere to the 
 same in writing to the Boord betweene this and Wednesday 
 next. [p. 164. ^ 2.] 
 
 [C.S.P. I. p. 273.] 
 
 [389.] Whitehall, 10 May : 
 
 A Passe for Thomas Hawkins of White Chappell Carpenter New 
 to goe into the parte of America called New England, and to 
 take with him his Trunck of AppareU and other necessaries 
 with the ordinary Clauses for searching. [p. 184. ^ 2.] 
 
 [C.S.P. I. p. 274.] 
 
 [390.] Greenwich, 12 June : 
 
 A Letter to Sir John Haruey Knight Gouemor of Virginia. Virginia. 
 Wee send you inclosed a Petition with an affidavit annexed 
 presented by Richard Ell Mariner whereby you will more at 
 large perceaue the State of his Case and humble Suite vnto vs ; 
 Whereof wee hauing taken consideration, finding that the 
 default of planting the landes mentioned in the Petition, 
 within the tyme lymited by the Graunt thereof by you made 
 vnto him, proceeded from the breach of Trust of one Thomas 
 Stegg a Merchant now resident there, vnto whome the 
 Petitioners had written and giuen order for building and 
 planting vpon the said landes, and had left meanes with him 
 there on that behalfe, and that the petitioner being himseKe 
 imployed in a voyage to Guiana was inforced to stay abroad 
 Aboue a yeare longer then he expected, whereby he could 
 
232 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 New 
 England. 
 
 Tobacco. 
 
 not vnderstand of the neglect of the said Stegg in not 
 planting his said landes according to the order giuen him as 
 aforesaid ; [the time is therefore to be extended for three 
 years.] Ip- 265. ^ 1.] 
 
 [391. J Whitehall, 27 June : 
 
 Vpon readinge of a Certificate returned to their Lordships 
 
 from the Sub Committees for forraigne Plantations, vnto 
 
 whom their Lordships had formerhe referred the heareinge 
 
 and examininge of the Complaints made by John Michell a 
 
 Minister and divers other poore people conceminge certaine 
 
 moneys due vnto them from Sir fferdinando Gorges Knight vpon 
 
 his adventures to Laconia and vpon readinge of a former 
 
 Certificate made in the busines by Sir John Wolstonhoimo, 
 
 and Sir Abraham Dawes, who had by order from their Lordships 
 
 examined the Bookes and accompts of the Adventures to 
 
 Laconia concerninge the same ; fEorasmuch as it appeared 
 
 by the said Certificates that there are moneys in arreare and 
 
 due from Sir fEardinando Gorges vpon his said Adventures 
 
 which ought to goe to the satisfaction of the poore petitioners 
 
 and without which they could not be satisfied. It was there- 
 
 vpon thought fitt and ordered that the said Sir fEardinando 
 
 Gorges should be required and enioyned forthwith vpon sight 
 
 hereof, to make payment of the said Arrears, vnto the Clark 
 
 of the Councell Attendant, appearinge by Certificate vnder 
 
 the hand of Thomas Ayres Clarke and Register to the said 
 
 Adventurers to be 254:1. (whereof the said S' fEardinando 
 
 Gorges hath payd onlie 101.) which money is to be distributed 
 
 and payd vnto the said poore people proporcionabhe accordinge 
 
 to the several! somes due vnto every of them respectiuely. 
 
 [p. 300. last %] 
 [392.] Ibid. 
 
 [Resistance having been made in the Coimty of Gloucester 
 in a riotous and tumultuous manner to the destruction of 
 Enghsh tobacco, the Justices of the Peace of the County are 
 sharply reprimanded, and urged not again to be remiss.] 
 
 [p. 308. II 1.] 
 
1638.] ACTS OP THE PR^VY COUNCIL (COLONIAL). 233 
 
 [393.] Whitehall, 20 July : 
 
 Vpon the humble Petition of WiUiam Piers Master of the New 
 shippe called the Desire Shewing that the Petitioner with ^°^'^'^' 
 diverse others inhabiting in New England, did lately arryve 
 in the Port of London in the said shippe being wholy built 
 in New England, whither the said Master doth nowe desire to 
 retorne in the same, and did therefore desire the leave of the 
 Board according to his Majestyes late Proclamation, and to 
 transport such Passingers and their necessary provisions of 
 Howshold, as by true Certificate shalbe qualified according 
 to the Tenor of his Majestyes former Proclamation : [leave 
 is accordingly given] Provided that the said Certificates 
 of the Passingers be first brought to the Clarke of the 
 Councell attendant, to be by him allowed, and that they 
 doe transport noe other Passingers or Provisions but such as 
 shalbe soe allowed. [p. 341. f 2.] 
 
 [394.] Theobalds, 22 July : 
 
 A Letter to the Governor and Coimcell of Virginia. Whereas 
 a petition was preferred vnto vs by Captaine Samuell Mathewes 
 complayning of the vniust Seasure and Sequestration of his 
 whole Estate in Virginia in his absence by Order from you 
 the Governor, which petition wee did referre to the Sub Com- 
 mittee appointed by vs, whoe haue made a Report vnto vs 
 therevpon, a Copie of which petition and Report wee send 
 you lykewise here inclosed. Wee haue thought fitt and ordered 
 for the reasons expressed in the said Certificate, And doe 
 accordingly hereby will and require you without any delay 
 or Excuse whatsoeuer to cause our former Letters of the 
 25th of May. 1637. to be duely performed and putt in 
 Execution And that you cause aU and every the Servauntes 
 Cattle and goodes whatsoeuer of the said Captaine Mathewes, 
 which haue at any time since his comming thence, bene taken 
 out of the Custody of any the persons, with whome hee 
 entrusted or left his Estate, to be immediatly vpon the Receipt 
 hereof entyrely restored backe vnto Thomas Bernard, and 
 Humphry Uoyd gentleman resident there, or either of them, 
 
234 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 together with all such Encrease wages and advantages, as 
 haue arysen and resulted from any of them in the meane time, 
 And in Case Thomas Hill mentioned in the said Certificate 
 shall vpon the administration sued forth here out of the Pre- 
 rogatiue Court, procure any Order or Decree against the said 
 Captaine Mathewes from Sir Henrie Martin, judge of that 
 Court, to whome wee haue referred that Cause as most proper 
 for him, Wee haue given direction to the Clarcke of the Councell 
 now attending to take sufficient Bond of the said Captaine 
 Mathewes with Security to make good and satisfy any such 
 Order or Decree, which shalbe made by vs or any other to 
 whome wee shall referre it, vpon Complaint to be made here 
 by any other person against him the said Captaine Mathewes, 
 whiles he shall remayne here in England by our Commaund 
 and direction : Hereof you may not fayle : [p. 343. last ^.] 
 
 [395.] Theobalds, 22 July : 
 
 Virginia. -^ Letter to the Governor of Virginia. Whereas this petition 
 
 enclosed was presented vnto vs by Ambrose Harmar an In- 
 habitant of Virginia concerning the Custody of an Ideott Sonne 
 of Richard Bucke Minister, graunted vnto him by his Majesty, 
 and afterwardes assigned to him by a Commission out of the 
 Court of wardes, whereof he complayneth that he cannot enioy 
 the fruict, in regard you doe deteyne the said Com- 
 mission, and pretend a power in your selfe to dispose of 
 the Ideot by vertue of your owne Commission : And whereas 
 there hath bene presented vnto vs a Certificate vnder the 
 handes of his Majestys Attorney generall and his Attomye 
 of the Court of Wiardes declaring their opinions, that the 
 Custody of any Ideot in Virginia belongeth to his Majesty, 
 and is in his dispose according to the Lawes of this Kingdome, 
 a Copy of which Certificate we haue likewise sent you : Wee 
 haue therefore thought fitt to pray and require you, without 
 all further delay or excuse, to giue order that the said 
 Harmar may haue the tuition of the said Ideot and his Estate, 
 And that Mr. Rich. Kempe may render him a iust accompt of 
 the estate of the said Ideot any way come to his handes, and 
 
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 235 
 
 « 
 deliver the same over into the handes of the said Harmar, 
 
 whereof you may not fayle. [p. 344.] 
 
 [396.] WhitehaU, 27 July : 
 
 A Letter to the Governor and Councell of Virginia. Virginia. 
 Whereas a petition was moved at the Board on the behalfe 
 of John Woodcoeke of London Merchant, who having adven- 
 tured the greatest part of his estate into Virginia is in danger 
 to loose the same by reason that his fEactors, as likewise diverse 
 of his debtors are dead. [You are enjoined to aid him and 
 his agents in every way.] And to this wee are the rather 
 induced, because wee understand that Mr. Secretary Coke 
 having heretofore written to you the Governor to this pur- 
 pose. Not only there was nothing effected for the Releife of 
 the poore man, but you did not soe much as give an Aunswere 
 to Mr. Secretary. [p. 348. ^ 3.] 
 
 [[C.S.P. L p. 281.] 
 
 [397.] Oatlands, 27 July: 
 
 A letter directed to the Gouernor and Counsell of Virginea. Virginia. 
 Wee send you inclosed a petition presented to this Board 
 in the name of Lawrence Evans Marchant Complayning of 
 a great and foule abuses donne vnto him by one ffrancis 
 Poetris resident in Virginea which by the said petition you 
 may att large perceave fforasmuch as the matters in the said 
 petition complayned of yf the allegations therein vpon 
 examination shall appeare to bee true seemeth to vs to bee very 
 fowle and iniurious [the matter is to be examined, and if 
 the truth of the petition shall appear, the Governor and 
 Council are ordered] to afforde him your best helpe and 
 assistance for the recovery of his goodes and debtes vniustly 
 deteyned by the said Poetris, and to take order that his 
 BiUs of debt mentioned in the said petition may bee re- 
 delivered and his fEactors not molested for the tyme to come 
 by the said Poetris. [p. 357. If 1.] 
 
 [398.] Oatlands, 29 July : 
 
 A Letter directed to the Gouernor and Counsell of Virginea. Virginia. 
 Whereas two petitions were presented vnto vs, in the name 
 
236 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 * 
 
 of the Planters and Traders to Virginia, complayning of some 
 restraintes and Impositions lately putt vpon them by you the 
 Gouernor there, which petitions wee did referre to the Sub 
 committee for fEoraigne Plantations who made Certifficatt vnto 
 vs therevpon, which Certifficatt wee doe well approve of, The 
 copies of which petitions and Certifficatt wee send here inclosed 
 Wee have therefore thought fitt hereby to pray and require 
 you the Gouernor and Counsell there to deale with such 
 particular fit persons, who for the profitt, and benifitt which 
 they may reape thereby ; may bee induced to build Storehouses 
 for receite of the Marchantes and Planters goodes, and when 
 that is donne wee shall like very well that you shall order 
 aU Marchantes, Planters Masters and owners of Shipps to vnlade 
 all their goodes att James Towne, and not before, bycause it 
 may otherwise turne to the ruine of the Traders and spoile 
 of their goodes, and in the meane tyme wee pray and require 
 you to permitt them to land their goodes in such places as 
 shalbee for their owne convenience. And whereas there hath 
 been taken a Proportion of Powder and A munition of every 
 Ship that commeth into that Country wee like very weU that 
 the same should stiU bee continewed bycause there may bee 
 good vse made thereof for the provision and defence of the 
 Country, but withaU wee pray and require you to sende vs 
 a particular accounte thereof for three yeares last past how 
 the same hath been ymployed, and what provision thereof 
 remayneth and in what places As for the six pence taken of 
 every person coming thither and two pence of every hogshead 
 of Tobacco being exacted in SterUng money not there to bee 
 had without extreame difficulty and inconvenience as by the 
 said Certifficatt appeareth Wee doe pray and require you 
 to suspend the taking thereof vntil vpon your aunswere to 
 the said petitions, wee shall give further order therein 
 Prouided nevertheless that the owners or Masters of Shipps 
 doe give Bond for payment thereof, if vpon your aunswere 
 wee shall order the same to bee paid, and generally wee doe 
 recommend vnto you to see the said Certifficatt observed and 
 exequuted. ^ 356.] 
 
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 237 
 
 [399.] WhitehaU, 31 July: 
 
 A letter directed to the Governor and Counsell of Virginea. Virginia 
 Whereas John Woodall an antient Planter in Virginea hath 
 declared vnto vs by his humble petition the good and redy 
 Justice in his personall estate,, which he hath receaved from 
 you vpon our former letters to you on his behalfe, and hath 
 further shewed vnto vs, that there is a division of Land 
 belonging to him as well in reguard of the Estate of Sir 
 Samuel Argall which he purchased as in respect of his owne 
 adventure being a thousand pounds laid out many yeares 
 since. Wee have thought fitt to pray and require you to 
 assigne him out such a proportion of land as belongeth to him 
 of right in the foresaid reguards and to pass the same to him 
 by Pattent or such other way as is accustomed there and fitt 
 for the condition of that place. [p. 358. last ^.] 
 
 [400.] Ibid. 
 
 [A letter to the Governor and Council of Virginia, recites Virginia 
 the former order concerning William Pierce] to the end the 
 said WiUiam Peirse behaving himselfe peaceablie, may have 
 libertie without trouble or molestation to follow his affaires 
 there, and to returne againe for England according to the 
 tyme prefixed for his attendance in the Starr Chamber here. 
 
 [p. 366. 1| 1. repeated p. 373 ^ 2.] 
 
 [401.] Oatlands, 5 August: 
 
 Whereas an humble Petition was presented to the Board Virginia 
 in the name of the Masters and owners of the Shippe called the 
 True Love of London, Shewing, That they had fully fraighted 
 the said Shippe both with Passengers and goodes to bee 
 transported for Virginia and ready to putt to Sea. And 
 therefore humbly desired theire Lordshipps to giue the hke 
 order for the Cleareing of theire Shippe, Menne, and goodes, 
 as was given for those other Shipps lately gon to Virginia, 
 Theire Lordshipps vpon consideration had thereof, doe 
 accordingly hereby pray the Lord Treasurer, to giue the Hke 
 
238 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 order for the cleareing of this Shippe, as hee lately did for the 
 Shipps, the Rebecca, the Globe, and the Honor of London. 
 
 [p. 368. last %] 
 
 [402.] Oatlands, 5 August: 
 Virginia. [A Similar order is given in reply to the petition of] 
 
 Thomas Jennings, John ffarrington, John Bradley and others 
 Marchantes, Shewing that they are prepareing and lading 
 three Shipps to goe for Virginia, vizt : The ffreindshippe 
 whereof Leonard Betts is Master The George whereof Patrick, 
 Canada is Master and the John and Barbara whereof John 
 Barker is Master furnished with provisions of Bedding, Lynnen) 
 Wollen, Shoes, Candles, Stockins, Apparrell, Powder, Shott, 
 Butter, Cheese and divers other necessaryes for theire Plans 
 tations theire ; which Shipps will bee very shortly ready to 
 putt to Sea. [p. 369. ^1.] 
 
 [403.] Ibid. 
 
 Virginia. Vpon an humble representation and Petition heretofore 
 
 made by the Commissioners for the plantation of Virginia 
 
 authorised by a Commission of the 27th of June Anno : 
 
 and this day read att the Board (his Majestie being present — 
 These Articles following were agreed vpon for the future 
 gouernement and ordering of the said Plantation. 
 
 1. ffirst. That a Commission bee granted vnder the greats 
 Seale of England to a President and Twenty fower Councellor 
 
 to bee nominated by his Majestie and to bee made members of 
 the said Company, and to reside in or about London, for the 
 gouerneing and manageing of the affaires of the said Plantation 
 of Virginia. 
 
 2. That the said President and Councell may haue power 
 to giue Instructions for the gouernement in generall of the 
 Plantation vnto the Governor, Councell and Mayne Body of 
 the people in Virginia, which said Instructions being trans- 
 mitted thither the Governor, and Councell there are to see 
 forthwith without dispute or suspension to bee duely 
 executed. 
 
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 239 
 
 3. That the said President and CounceU, shall haue power 
 also to receiue, heare, and determine, all Complaints and con- 
 trouersies aryseing amongst the Planters, and which shall bee 
 brought before them, and likewise all differences growing att 
 any time betweene the Adventures and Planters liveing 
 here, and those liveing in Virginia : or any of them. 
 
 4. That the President and Councell shall haue power to 
 elect inferior Officers, to appoint fforts to bee erected, to con- 
 signe the Planters to such places of habitation, and planting 
 themselves in, as shall bee most convenient for mutuall defence 
 and their security, to dispose of the Planters, to applye them- 
 selues to improvement of such seueraU sorts of Staple 
 Comodyties, as the said President and Councell shaU direct. 
 
 5. That all the said powers, and authorityes granted to 
 the said President and Councell, bee noe otherwise but vnder 
 the Correction, and reformation of his Majesties sacred 
 parson, and of his privy Councell, and particularly of the 
 Lords and others Commissioners for forraigne Plantations, vpon 
 Appeale or other information. 
 
 6. That the Governor and CounceU hereafter constituted 
 to bee resident in Virginia, shall bee nominated by his Majestic 
 vpon his owne knowledge of theyre abihtye, or vpon recom- 
 mendation of the said President and CounceU here. 
 
 7. That the said Gouernor and Councell resident in Vir- 
 ginia, may bee enabled to make Ordinances and Constitutions 
 for the better Reglement of the affaires of the Colony, which 
 shalbe of force tiU such time as the said President and CounceU 
 here shaU signifie, that they haue declared them void. 
 
 8. That the Governor, Councell, and Planters, resident there 
 att theire generall assemblyes may haue power of propounding 
 and makeing lawes, which lawes are to bee correspondent 
 to the lawes of England and but Probationers onely, tiU con- 
 firmed here. 
 
 9. That a new Charter bee granted for incorporateing 
 a Companie of Adventures for this Plantation, whereof the 
 Adventures in Virginia to bee members, and thereby they 
 
240 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 may haue granted, confirmed, and restored, vnto them all 
 such rights, goods, libertyes, and priviledges whatsoever, 
 att any time heretofore granted vnto the late Companie : 
 Saveing to his Majestic the supreame and Regall power of 
 govemement, The which Charter of Incorporation of the 
 said Companie. shall likewise conteyne the Constitution of the 
 aforesaid President and CounseU, according to the former 
 Article, that both of them may ioyntly passe vnder the same 
 Scale. 
 
 10. That by this new Charter of Incorporation, the said 
 Companie may haue eranted vnto them the auncient 
 Terrytories, Lands and Islands of and belonging to Virginia 
 in as ample manner as the same were bounded and granted 
 vnto the late Companie, by all or anye the seuerall grants or 
 Letters Pattents whatsoever, of his Majesties late Royall 
 ffather King James of blessed memory : Excepting the Pro- 
 vince of Carolana, heretofore granted to Sir Robert Heath 
 and lately with the Kings approbation, assigned by the said 
 Sir Robert Heath to the Lord Maltravers : And excepting also 
 the Province of Maryland, granted by his Majestie to the Lord 
 Baltemore and all the Islands to the said seueraU" Provinces 
 aforesaid belonging, ffor itt is not intended that eyther of 
 the said grants, to the said Lord Maltravers, or Lord Balte- 
 more, of the said seuerall Provinces aforesaid, should by this 
 new Commission for a President and Councell and Charter of 
 Incorporation for Virginia, bee any waye impeached or 
 infringed, eyther in the Interest of soyle, in the Royaltyes, 
 immunities, govemement, and Jurisdiction, in and vpon the 
 Land and waters of the said severall Provinces, or in any other 
 thinge whatsoever conteyned in the said severaU grants, and 
 by virtue thereof belonging to the said Lord Maltravers or 
 Lord Baltemore. And therefore such clauses are to bee 
 inserted in this new Commission and Charter aforesaid, (for 
 the prevention of any future question or preiudice to the said 
 Lord Maltravers and Lord Baltemore, and for the preservation 
 and confirming of theire said severall Interests and Juris- 
 dictions and other rights aforesaid) as shall bee reasonably 
 
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 241 
 
 desired by theire Councell learned in the Law. who are there- 
 fore for that purpose to pervse the Commission and Charter 
 aforesaid, before itt bee prepared for his Majesties Signature. 
 
 11. That in legard the Conduct of these affaires will 
 require the Care and industry of divers able and trusty Officers, 
 and Ministers, His Majestie is pleased to allow vnto them such 
 Annuall pension, or reward to bee issued out of his Customes 
 of Virginia, as shall bee thought fitt by his Majestie for their 
 better encouragement and support in the execution of theire 
 severaU places. 
 
 12. Lastly, Whereas there may bee some things to be 
 inserted in these new Letters Pattents, which may fall out to 
 bee different from the former Pattents and cannot bee so 
 suddenly determined of, His Majestie is pleased to authorise 
 the said Commissioners who made this representation or some 
 of them, to conferre with his Attorney generall, for the recon- 
 cileing and perfecting of the same, and for the making of such 
 further additions and alterations as shall bee thought fitt and 
 convenient for the said governement, to bee brought afterwards 
 to the Councell Board, or to the Lords Commissioners for 
 forraigne Plantations, to bee by them pervsed and approved 
 of. All which seuerall Articles being agreed and resolved his 
 Majesties Attorney generall is prayed and required to prepare 
 a booke for his Majesties Signature according to the same. 
 
 [pp. 377-379.] 
 
 [404.] Oatlands, 19 August : 
 
 A Letter directed to the Earle of Dorsett Governor of the Bermudas. 
 Company of the Summer Islands : Whereas itt is observed 
 that such Ministers, who are vnconformable to the discipline 
 and Ceremonyes of the Church here, haue and doe frequently 
 transport themselves vnto the Sommer Islands and other his 
 Majesties plantations abroad, where they take libertye to 
 nourish and preserve theire factious and Schismaticall humors 
 to the seduceing aod abuse of his Majesties Subiects, and the 
 hindrance of that good conformitye and v^nitye in the Church, 
 which his Majestie is carefull and desirous to establish 
 
 16 
 
242 ACTS OF THE PRIVY COUNCIL (COLOISTIAL). [1638. 
 
 throughout his Dominions : Wee are therefore in his Majesties 
 name, and by his expresse Commaund hereby to pray and 
 require your Lordshipp to take a present and strickt order 
 that noe Clergie men bee from henceforth suffered to goe over 
 into the Sommer Islands, but such only as shall haue appro- 
 bation in that behalfe, from our very good Lords the Lord 
 Arch Bishopp of Canterbury his grace, and the Lord Bishopp 
 of London. And that for all such of them as are already 
 gon thither without such approbation, that you cause them 
 forthwith to be remanded back hither. And so expecting 
 a good Account hereof from your Lordshipp : Wee bidd you 
 very hartily farewell. [p. 393. ^ 2.] 
 
 [405.] Oatlands, 19 August : 
 West Indies. Whereas, this day his Majestie sitting in CounseU, Itt was 
 humbly shewed by the Petition of Henley, PhiUipps, Polhill, 
 and theire partners, that they since his Majesties graunt 
 vnto them of Letters of ReprisaU, against the Lords the States 
 of the vnited Provinces, or theire Subiects, haueing armed 
 Shipps to Sea accordingly, and being att the Monthlye Charge 
 of 8501. had made prise of a Shipp laden with goods and 
 Marchandises, belonging to the West India Companie, of the 
 said vnited Provinces, and repared to his Majesties Court of 
 Admiraltye, trusting that they might proceede in a legall 
 waye to obtaine execution vpon the said Shipp and goods 
 according as is vsually allowed to others in cases of the same 
 nature, But that they had bin denyed the Common course of 
 Justice there vntill his Majesties further pleasure were knowen 
 concerning them, ffor which cause they humbly prayed that 
 itt might please his Majestie to declare and order, that in the 
 particular of the foresaid Shipp by them taken, they might 
 
 their legall proceeding in his Majesties said Court 
 
 of Admiraltye like as others haue donne, where the question 
 hath layen against the ffrench Kinge and Kinge of Spaine, 
 or theire Subiects, respectiuely. Itt was therevpon by his 
 Majestie with advice of the Board ordered that the foresaid 
 humble suite, and desire of the Petitioners shall bee taken 
 
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 243 
 
 into consideration by Sir Henry Martin Knight Judge of his 
 Majesties said Court of Admiraltye, [who is to examine 
 into the matter with all speed, after requesting the Ambassador 
 of the United Provinces to attend, and to make report to his 
 Majesty]. [p. 395. ^ 2.] 
 
 [406.] Hampton Court, 30 September : 
 
 Whereas his Majestic hath been graciously pleased to referre West indies, 
 to this Boord the consideration of the severall petitions of 
 George Henley and Nicholas Polhill, touching a Complaint 
 made against them by the Dutch West India Company. 
 Their Lordships have appointed to heare that busines upon 
 Wednesday the 10th of October at two of the Clock in the 
 afternoone at their Lordships sitting in Councell in the Inner 
 Starrchamber, when as well the saide Petitioners as the 
 solUcitor for the said West India Company of Holland are to 
 attende their Lordships with their Councell if they desire it. 
 
 [p. 439. If 1.] 
 [C.S.P. Domestic, 1638-9. p. 38.] 
 
 [407.] Inner Star Chamber, 10 October : 
 
 This day vpon the humble Petitions of Nicholas Polehill West indies 
 George Henley and Augustine Philips referred by his Majestie 
 to the Board ; The Complaint depending concerning the Arrest 
 lately made by the Petitioners by vertue of Letters of Reprizall 
 of a Shipp called the Golden Wolfe belonging to the West India 
 Companie of Holland, was fully debated all parties being heard 
 with theire learned Counsell, At which hearing howeuer nothing 
 materiall in theire Lordshipps Judgments was produced or 
 prooued to impeach the said Letters of Reprizall either as 
 vnduely obtaind or vnduely executed, Yet in regard somme 
 matters of fact which may fall out to be considerable (if they 
 be prooued) were now offred and insisted on by the Counsell 
 on th'other side ; Theire Lordshipps therevpon, and in con- 
 sideration of the dayly expence and Charge the petitioners 
 sustaine, and of the hazard of such goods as are of a 
 perishable nature by delay of Proceedings, did thinke fitt and 
 
244 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1638. 
 
 order that the Cause should be entirely and without preiudice 
 to either parte left to a legall Proceeding in the high Court 
 of Admiralty ; Praying and Requiring Sir Henry Martine 
 Knight Judge of that Court to cause the Proceedings therein 
 to be with all expedite Justice. [p. 491. ^ 1.] 
 
 [408.] Whitehall, 21 October : 
 West Indies. . . . fforasmuch as Sir Henry Marten • . . . did now 
 humbly represent to the Board his majestic being present in 
 Counsell, That in regard the said West India Company of 
 Holland doe pretend a Priviledge (against letters of Reprisall) to 
 bee graunted vnto them by an Acte of State made the 5th of 
 September Anno 1627* that therefore he could not proceede 
 to expedite the said Cause vntill his Majestic should bee 
 pleased in that point to declare, how farr the said Acte is to 
 bee extended. His Majestic vpon Aduise and Debate thereof 
 hadd with his Counsell did Resolue and declare that the said 
 Acte of State giues noe such Priviledge and exemption. 
 
 [p. 505. TJ 1.] 
 
 [409.] Inner Star Chamber, 24 October : 
 
 Virginia. [The Complaint of John WoodhaU, surgeon, against Captain 
 
 Samuel Mathews having been argued before the Board by 
 counsel, it is referred to the Sub-Committee for foreign plan- 
 tations, to investigate and report.] [p. 508. ^ 3.] 
 
 [410.] Inner Star Chamber, 29 November : 
 Virginia. A Letter directed to the Governor and Councell of Virginea, 
 
 or to the Governor and Councell for the tyme being. 
 [Recapitulates the letter of 22 July, 1638, and proceeds:] 
 fforasmuch as John Woodall an Antient Planter there 
 hath now by petition humbly represented vnto vs, That 
 by an orderly proceeding and Tryall, before you the 
 Governor and CounceU there in a Cause wherein he was 
 plaintif against the said Captain Mathewes defendant 
 
 * See C.S.P. Domestic, 1627—8 p. 323. 
 
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 245 
 
 Certaine goods, and Cattoll in question were adiudged vnto 
 him the said WoodaU on the third day of March 1 636 as appeares 
 by the Coppie of the Sentence, and Aote of Councell there now 
 shewed vnto vs, and therefore humbly prayed that his 
 Agents being according to the said Sentence and Judgment 
 putt in possession of the said goods and Cattell might quietly 
 enioy th.e same without disturbance of the said Mathewes or 
 any Clayming vnder him. Vpon consideration of the premises 
 and vpon hearing the further Allegations of both parties now 
 present before the Boord, and also in reguard it appeares by 
 Certifficatt from you, that the said Captain Mathewes was 
 required by you to leave an Agent in his absence authorized 
 to prosecute and make his defence. And for that it is Confi- 
 dently affirmed by the said WoodaU, that the said Captain 
 Mathewes did accordingly authorize one Maior to bee his 
 Agent there, and to prosecute and defend the said Cause in his 
 absence. Wee have therefore thought good hereby to lett 
 you know that the directions given in our foresaid letters of 
 the 25th of May 1637 and of 22th of July last, are not att all 
 to bee extended or applyed to the foresaid Cause betweene 
 WoodaU and Mathewes But wee doe thinke fitt and require 
 that you Cause all the Goods and Cattell adiudged to the said 
 WoodaU as aforesaid to bee restored and continewed in the 
 possession of his Agents there The rather for that it is ordered 
 that the said WoodaU shall enter into sufficient Bond here to 
 bee aunswerable for the valew of the said goods and Cattell 
 in Case the same shaU hereafter happen vpon any proceeding 
 or Tryall directed by this Board to bee adiudged against him. 
 And wee doe Kkewise thinke fitt, and accordingly require you 
 duly to Informe your selves, and make Certifficatt vnto vs of 
 the true state of the said Cause, and the proceedings had there- 
 vpon And in particular whether the same were Commensed 
 before, or after the said Mathewes his Coming away for Eng- 
 land, And whether hee did leave "any Agent Authorized to 
 foUow, and defend the said Cause in his absence Lastly wee 
 doe (as by some former letters wee have done already) recom- 
 mend vnto you the Care of the said Woodalls Estate there that 
 he may not by his Agents or Servants bee abused or wronged 
 
246 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 
 
 soe farr as it shalbee in your power to prevent the same, or 
 to give him releife vpon any iust Complainte. 
 
 [p. 568. U 2.] 
 
 [4n.] Inner Star Chamber, 30 November: 
 
 Virginia. A Letter to the present Governor and Councell of Virginea, 
 
 and to the Governor and Councell there for the time being. 
 Whereas a petition was this day presented to the Board in the 
 name of Thomas CoveU of the Citty of London, Shewing that 
 for thirty yeares past the Petitioner hath bene an Adventurer 
 to Virginia and that about the year 1623 he began to setle a 
 plantation there, and soe continued for about 14 yeares sending 
 over thither yearly good Supplies vntill the yeare . 1636 . when 
 vpon the death of one Thomas Kaynton (factor there for the 
 Petitioner, the said Kayntons widow was maryed to one 
 Thomas Loving then in those partes, whoe (as in the said peti- 
 tion is alleadged) vpon the said mariage possessed himselfe of 
 all the Petitioners estate there to a great value, as by the petition 
 herewith sent you wiU at large perceue : Wee being very 
 sensible of the great danger and hazard, that may ensue to 
 the Petitioners estate in Case the said Loving should through 
 his ill husbandry wast or embezill the same to the Petitioners 
 wrong and prejudice : Haue thought fitt to recommend this 
 matter to your particuler and especiaU Care. To th'end that 
 sufficient Security may be taking of the said Loving without 
 delay upon Receipt hereof for the making good of the 
 Petitioners said plantation, goodes and Servauntes with the 
 profitts thereof since they first came into his handes And 
 to take such further Course therein, that the Petitioner here 
 may haue such satisfaction from him for soe much as the 
 Petitioner shall make appeare to be due vnto him, as shalbe 
 iust and agreeable to equity. [p. 572. last ^.] 
 
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 247 
 
 CHARLES I. VOLUME XVI. (4 Jan. 1639-30 Oct. 1639.) 
 
 [412.J Whitehall, 4 January : 
 
 Vpon an humble Petition this day presented to this Plantation 
 Boord in the name of the Owners of the Ship the Elizabeth 
 of London Shewing that they haue of late yeares imployed 
 the said Shipp to New England, Newfoundland and Spaine, 
 and haue thereby brought home such goods for returnes as 
 haue yeelded his Majestic much Custome yearly, And there- 
 fore besought their Lordshipps to grannt Licence, that the 
 said Shipp may passe to New England with Goodes Cattell 
 and such passengers as shall bring such Certificates as are 
 required by his Majestys Proclamation in that behalfe. 
 Their Lordshipps thought good to referre the said Petition 
 to the Sub Committee appointed for forraigne Plantations 
 [for examination and report]. [p. 9. last ^.] 
 
 [C.S.P. L p. 286.] 
 [413.] Ibid. 
 
 Whereas a Petition was this day presented to this Boord New 
 in the name of Walter Barret and Walter Sandy and Com- 
 pany of the Citty of BristoU Merchants Shewing that they 
 haue by themselves and their fireinds disbursed great charges 
 for many yeares in setling of a Plantation in New England, 
 which Plantation was by them begun long before such mul- 
 titudes of People were sent as now are planted there, That 
 those whome the said Petitioners haue there already and all 
 such as they intend now to send are regular people, and neither 
 factious or various in Religion, but conformable to his 
 Majestic and the Lawes of the Church of England That 
 their Plantation is apart from all others and hath noe 
 relation to them. That they desire now to send 180 persons to 
 provide and gather vp in that Countrey a sufficient quantity 
 of Victualls for furnishing of such Shipps and men as the 
 Petitioners intend to keepe and imploy in a ffishing Trade 
 vpon that Coast all the yeare, ffor which workes it hath ever 
 been permitted to export Provisions from hence ; That the 
 Petitioners haue built and prepared two shipps for that 
 
Trade. 
 
 248 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 purpose onely, And vnlesse they may haue leave to proceed, 
 not onely their Estates and livehhood, but that Trade of 
 ffishing will come to ruine. Wherefore they besought their 
 Lordshipps to give them leave and Warrant speedily to pro- 
 ceed in their Voyage for perfecting the said ffishing Plantation 
 which may prove a good imployment for Shipps and increase 
 of Seamen, And that the Maior and some Aldermen of the 
 Citty of Bristoll might bee appointed to viewe the Passengers 
 tp bee imbarqued and to dismisse such of them as shalbee 
 found vnfit. Their Lordshipps after due consideration of 
 the said Allegations did thinke fit to referre the same to the 
 Sub Committee appointed for forraigne Plantations [for 
 examination and report]. [p. 10.] 
 
 [C.S.P. L p. 286.] 
 
 [414.] Whitehall, 11 January : 
 
 Plantation Whereas the Merchants trading to Spaine Portugall the 
 Straights &c did this day humbly represent that the pro- 
 hibiting of Ships by Proclamation to goe for New England 
 without speciall Warrant was a foundation to deprive the 
 Kingdome of much Trade, the importation of much money, 
 his Majestic of much Custome and many Ships and Seamen 
 of Imployment. And therefore humbly besought the Boord 
 to grannt them Liberty to send their Shipping intended for 
 Newfoundland and other places, and that by the way they 
 may take in such helpe of fraight by Passengers and Goodes 
 for New England as shalbee presented to them, that soe his 
 Majestys Customes Navigation and Merchants may bee 
 cherished and increased. Their Lordshipps vpon Debate 
 and consideration of the premisses did declare. That for all 
 those Ships that are ready to take ffraight for the imployment 
 aswell for Newfoundland Spaine Portugall the Straights &c 
 as for New England, their Lordshipps are content to giue 
 way And doe Order that all the said Shipps now in such 
 readinesse bee permitted to depart and take their Passengers 
 with them without any Let or hinderance, but as concerning 
 the Goodes and provisions they are to carry that is wholly 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 249 
 
 referred to the Lord Treasurer who is prayed to give such 
 direction therein as his Lordshipp shall conceave to bee best 
 for his Majestys Service. And their Lordships did further 
 declare that when there shalbee other Shipps ready for the 
 like imployment to those parts vpon the Petition of the 
 Owners of them, their Lordships wilbee ready to give the like 
 sufferance for their proceeding in the like wayes, if there 
 shalbee good cause shewen to the Boord for it. [p. 22. last ^.] 
 
 [C.S.P. I. p. 287.] 
 
 [415.] Whitehall, 17 February : 
 
 Whereas by seuerall late Proclamations published on that Tobacco, 
 behalfe all Tobacco whatsoeuer was directed to bee brought 
 into the Port of London, and restrayne the landing of the 
 same in any other Portes of this Kingdome or Dominion of 
 Wales fEorasmuch as diuers Inconveniences arysing by the 
 said Restraint were this day presented in wryting to the 
 Board by the ffarmers of his Majestys Customes, which 
 followeth in hsec verba. 
 
 The ffarmers of his Majesties Customes and Imposts fynd, 
 that the restriction of bringing Tobacco shipps, directly to 
 the Porte of London, turnes to very many inconveniences 
 and losse to them, for notwithstanding that vpon pretences 
 of Distress of Weather or other occasion, the Masters make 
 to some other of the Out portes. And the Officers not pre- 
 suming to take any entry, or land their Tobacco without 
 Order, In the meane while the shipps Company doe steale 
 night and day notwithstanding aU the Watch the Officers 
 and ffarmers Deputies can doe, That thereby the ffarmers 
 receiue excessiue losse in their particulars As also the Lycences 
 are likely to bee vndone by the secrett serving of the 
 Country by theise practises Wherefore the ffarmers fynding, 
 that in some principall Portes diuers shipps doe Attend that 
 Trade, and the Aduenturers there Resident, And the Com- 
 pany rather then to Come to London will pretend many 
 excuses and reasons to make to any of those Portes being 
 all dwellers in some or neare of them. 
 
250 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 Doe humbly pray that there may bee a warrant to giue 
 way to the landing of the same Tobacco, that shall come in 
 as afEoresaid at some Certaine Ports Westward, where indeede 
 they most vsually putt in and dwell as afforesaid, and noe 
 other which are, Plymouth, Dartmouth, BristoU and 
 Southampton, which they Conceiue will encourage their 
 honnest proceedings and noe doubt bee a meanes of 
 avoyding all theise indirect practizes which their necessities 
 seemed to inforce vpon them that are inclyned to take hould 
 of any thing to deceiue his Majestie. And this libertie to 
 bee giuen till there shalbe thought more reason to alter the 
 same. 
 
 Vpon Consideration hadd thereof his Majestie being present 
 in Counsell [the desired liberty is given] to Contynew vntill 
 the Lord Treasurer shall fynd cause to the Contrary.* 
 
 [p. 101. H 2.] 
 
 [416.J Whitehall, 22 February : 
 Sir F Gorges This day Sir fferdinando Gorge being called before the Board, 
 to shewe Cause why hee opposed, the Order of the 11th of 
 October last Affirmed by Mr. Meautys Clerke of the Counsell 
 before the Sub-Comittee for fforraine Plantations to bee 
 the Order of the Board. And why hee exhibited a different 
 Order of his owne drawing. Confidently affirming the same, 
 and denying the other, to bee the Order of the Board. 
 Thire Lordshipps disliking and reproving the peremtory 
 Cariage of the said Sir fferdinando Gorge therein. Did now 
 againe Ratifye and Confirme their foresaid Order, and did 
 require the said Sub comittee to proceede in the Examination 
 of the buisines accordingly, which Order ffoUoweth in hsec 
 verba. Whereas it was objected by Sir fferdinando Gorge, 
 that his promise whereby he is Charged with the ,4jreare 
 Complained of to bee due from him, did only looke forward 
 to such Shipps as should bee sett out, and voyages made 
 after his said promise bearing date in June 1632 and not to 
 
 * In an order of 17 March, 1639, dealing chiefly with the retailing of 
 tobacco, London is again made the sole port of importation " unless by dis- 
 pensation from the Lord Treasurer directions bee given to the contrary." 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 251 
 
 the Shipps sett out, and voyages mentioned in the Certifficate 
 of Sir John Wolstenholme and Abraham Dawes which were 
 before the date of the said promise. Their lordshipps doe 
 therefore Referr it againe to the Sub comittee, to examine 
 and Certiffy whether his said promise did relate to the 
 Shipps ana Voyages sett out, before or after or to both. 
 
 [p. 107. la.it ^.] 
 [417.] Whitehall, 17 March : 
 
 [The petition of the merchants and passengers of the ship Virginia. 
 Elizabeth of London, who ask aid from his Majesty in 
 obtaining restitution, because] Eleaven Sayle of Spanish 
 shippes part of the ffleet surprized and tooke the shippe 
 Elizabeth from the petitioners in October 1637 in her course 
 upon a trading voyage for Virginia and carryed her and all 
 that was in her into Spaine, and there deteyneth her, [is 
 referred to Lord Aston, late Ambassador to Spain, to 
 explain upon what grounds the Spanish fleet did surprise 
 the petitioners].* [p. 169. ]f 1.] 
 
 [418.] Whitehall, 20 March : 
 
 [In the case between Sir F. Gorges and Captain John Sir F. Gorges. 
 Mason, the Committee report :] Wee haue examined the same 
 and fully heard the said Sir fierd : Gorges, in whatsoever he 
 could alleadge for himselfe, and doe find that his said promise 
 made in June 1632 as aforesaid had Relation to the Shipps sett 
 out and Voyages mentioned in the said Certificatt of Sir John 
 Wolstenholme and Sir Abraham Dawes which were before 
 the date of his said promise. And it appeared clearely vnto 
 vs that the obiection made by the said Sir fEer Gorges that 
 his said Promise related only and was to bee applyed to such 
 Shipps as were sett out and Voyages made after his said 
 promise was a meere subterfuge and altogether groundless 
 for that after his said promise made hee paid in lOOl. which 
 must necessarily bee in relation to the Voyages and Shipps 
 
 * On 30 April, 1639, thia matter is referred to Sir Arthur Hopton, 
 Ambassador to Spain, to demand satisfaction there, [p. 325. last H.] 
 
252 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 sett out before his said promise in reguard that since the date 
 of his said promise there hath not bene any Shipp sett out 
 nor voyage att all made by te said Adventurers Besides it 
 appeared vnto vs aswell by the Register Booke of Mr. 
 E3a-es Clarke and Accountant for the said Company as by 
 the Testimonyes vpon oath asweU of the said Mr. Ejrres as 
 of George Griffith and Thomas Wannerton Merchants that 
 the said Sir fEerd : Gorges did promise as aforesaid to bee an 
 Adventurer in all the Voyages sett forth by the said Adven- 
 turers in equall proportion with the said Captain Mason 
 As concerning the somme of 254?. charged to bee owing and 
 in Arreare by the said Sir fierdenando Gorges (which was 
 ordered to goe towards the satisfaction of the wages and 
 salaries due to the poore petitioners The proofe thereof is 
 the said Register Booke of Accompts kept by the said Eyres, 
 attested by him vpon oath to bee a true Accompt Vpon all 
 which wee are of opinio i that the said Sir ffard : Gorges 
 was in Arreare the said summe of 254:1. whereof lOl. only 
 hath been by him paid since the first complainte of the 
 petitioners to this Boord Nevertheless in reguard Sir fEerd : 
 Gorges did obiect one particular whereby he endeavoured to 
 disable the Testimony of the said Eyres, and the Creditt 
 of his Register Booke Wee haue att his Instance thought 
 fitt to represent the same to your Lordshipps vizt That in 
 a cause lately depending in the Court of Requestes betweene 
 one Cotton Plaintiiie and Sir fferd : Gorges and Henry 
 Gardiner defendantes concerning the somme adventured 
 by Sir fEerd : Gorges in a flfishing voyage to New England The 
 question being whether his Adventure were llOZ. or 50l. It 
 was notwithstanding the Answere of the said Eyres vpon 
 oath to an Iterrogatory ministred on that behalfe, wherein 
 he affirmd that the Adventure of the said Sir fEerd : Gorges 
 was llOl. Resolued by the said Court that the said Adventure 
 was only 50L and soe ordered accordingly a Coppie of which 
 deposition and order he now produced before vs Which whether 
 it may trench to the impeachment of the Testimony of the 
 said Eyres or the Credite of his Register Booke of Accompts 
 
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 253 
 
 in the matters referred by your Lordshipps to vs Wee 
 presume not to iudge but humbly submitt the same to your 
 Lordshipps Only we conceaue it fitt to acquainte your 
 Lordshipps likewise with Mr. Eyres his Answere therevnto, 
 which was That the Court of Requests did not reiect his 
 Testimony there in such a sence as Sir fferd : Gorges now 
 vrges and would make vse of to disable his Testimony in 
 other thinges. But that although the said order of Court, 
 determined it otherwise then as he had deposed, yet the same 
 was but according to the Course of all Courts, in reguard there 
 was but singularis Testis And therefore humbly desiered that 
 in Case the said obiection of Sir fierd Gorges made any 
 impression with your Lordshipps that he might be heard to 
 give further answere therevnto. Signed Will Becher ffrancis 
 Wyatt Abraham Williams Tho: Meautys Laur: Whitaker. 
 
 Vpon reading whereof theyr Lordshipps being satisfied 
 that there was no Cause for their Lordshipps to retract 
 their former order of the 27th of June last, doe in all thinges 
 ratifie and confirme the same and doe order that the sayd 
 Sir fferdinando Gorges shall pay forthwith vpon sight hereof 
 into the hands of the Clarke of the CounseU attending of 
 244i. to bee distributed to the petitioners and paid pro- 
 portionably according to the severall summes dew vnto every 
 of them respectiuely as by the sayd former order is appointed. 
 
 [pp. 179-180.] 
 
 [419.] Whitehall, 31 March: 
 
 [In a list of 32 patents, commissions, and grants to bo Nova Scotia, 
 revoked by proclamation, No. 15 is] An Inhibition to be 
 published that noe Englishmen doe henceforwarde take upon 
 them the degree of Barronetts in Scotland or nova Scotia. 
 
 [p. 209. 11 l.J 
 
 [420.] Whitehall, 24 April : 
 
 Whereas the Kings Majestic being humbly moved by the Virginia. 
 Petition of Roger Wyngat in regard of his service in the plan- 
 tation of Virginia ; and losses there sustayned ; to bestowe 
 
254 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1639. 
 
 vpon him the place of Treasurer of Virginia, was gratiously 
 pleased vpon the 15th of July last to referre it to the Lordes 
 and others Commissioners for forraigne plantations ; to take 
 the same into consideration together with the Petitioners 
 merit, and to giue such order therein as they in their Wise- 
 domes should think fitt. Now this day the Earle of Dorsett, 
 one of the said Lordes Comissioners proposeing the same att 
 the Board, and the suite and desire of the said Roger 
 Wingate being after good deliberation and mature advice 
 approved of by the said Commissioners there present It was 
 therevpon by their Lordshipps thought fitt, and ordered that 
 his Majestys Attorny generall should bee hereby prayed and 
 required to prepare a Bill ready for his Majesties royall 
 Signature, contayneing a grant of the said place and office 
 of Treasurer of Virginia vnto the said Roger Wyngatt accor- 
 dingly for his life. [p. 292. ^ 1.] 
 
 [421.] Whitehall, 30 April: 
 
 Virginia A Letter directed to the Governor of Virginia for the tyme 
 
 being and to the Counsell there. Wee haue receaved and 
 duly considered your Letters of the 18th of January (with 
 the writings included) sent in answear to those wee directed 
 to you the 12th of June preceding, touching the suite made 
 vnto vs by Richard Elle Mariner, .... And forasmuch 
 as it now appeareth to vs by what you Certiiie, that 
 the suggestions of the said Elle which moved vs to 
 favour him with those our foresaid Letters, were vntrue 
 and that hee intended only his owne profitt and not the 
 good of the Colonie, and likewise that before the receipt 
 of the same, other graunt had bin made of the said Lands 
 vnto one John fHudd a man of a longe continued service and 
 great desert in that Plantation, ffor these reasons and those 
 other motiues expressed in your Letters Wee haue thought 
 fitt hereby to signifie vnto you, that wee remaine satisfied 
 with your proceedings held in this particular, notwithstanding 
 our said former Letters, and doe well approue of the grant 
 made vnto John ffludd as aforesaid. [p. 324. last %] 
 
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 255 
 
 [422.] Inner Starchamber, 28 May : 
 
 [Sir Ferdinando Gorges acquainting their Lordships that he Sir F. Gorges 
 was now ready to make payment of the sum of 244L, ordered 
 to be paid on 20 March, the money is ordered to be paid 
 to Sir William Becher] who . . is prayed and required to 
 see the said money distributed ana paid respectively to the said 
 poore people expressed in a Register kept by Mr. Eyres 
 proportionably according to the severall Summs justly due 
 and owing vnto every of them for Wages And if there shalbee 
 any Overplus It was further Ordered that the same should 
 bee restored to the said Sir Ferdinando. [p. 393. 1j 2.] 
 
 [423.] Ibid. 
 
 Whereas the Earl of Carlile and Sir James Hay and Archi- West Indies. 
 bald Hay Trustees for the late Earl of Carlile did by their 
 Petition (for the safety and defence of his Majestys Subiects 
 planted in St. Christophers and Caribie Islands) humbly desire 
 to bee furnished with 20 Lasts of Gunpowder, [the Officers 
 of the Ordnance are required to sell to them such a fitting 
 proportion of powder as they shall desire for the use of the 
 said plantation at the usual rate of IS''- the pound.] 
 
 [p. 394. If 3.] 
 [C.S.P. L 295.] 
 
 [424.] Whitehall, 14 June : 
 
 [The Adventurers for the Plantation of Newfoundland are Newfound 
 allowed, on payment of the usual customs duties, to transport 
 thither the several provisions hereafter mentioned.] 
 23 butts conteyneing 39 quarters of Wheate 
 15 butts and two Puncheons cont 28 quarters of Malt 
 5 Puncheons and one hogshead cont 59 busshells of Pease 
 2 Pucheons and 2 hogsheads cont 39 busshells of Oatemell 
 2 hogsheads cont 600 weight of Cheese 
 
 2 Rondletts cont 27 Gallons of sweet oyle 
 4 halfe ffirkins of ordinary Soape 
 
 1 Rondlet of Castle Soape 
 
 3 ffirkins of butter 
 
256 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 1 Rondlet cont 2 busshells of Mustard seeds 
 
 2 Boxes cont 26 doozen of Candells 
 2 Hogsheads of wyne Vinager 
 
 2 ffirkins of smale Nayles 
 
 [p. 432. 1[ 1.] 
 
 [425.] Whitehall, 30 June : 
 Virginia. A Letter to the Gouernor and Councell of Virginia. 
 
 Whereas by former Letters from this Board vpon the Petition 
 of some Planters and Traders to Virginia, you were required 
 to suspend the taking of the Imposition of 6d. per poU (here- 
 tofore vsually paid for euerie Passenger arriuing in that 
 Collony vnto the Commander of the ffort caUed Point Com- 
 fort in Virginia for keeping an exact Register of all such 
 Passengers and for administring vnto them the oathes of 
 Supremacy and allegiance) vntill vpon the Answer of you the 
 Governor therevnto wee should giue other order therein, 
 vpon consideration had of a Certificate since 
 retourned to the Board from you the Gouernor and Counsell 
 . . . as likewise of a Report made therevpon by the Sub 
 Comitee for forraigne Plantations vnto whome wee formerly 
 referred the same, wee iinde the said Imposition fitt to be 
 continued, as beng very necessary and of importance for his 
 Majestys seruice. [p. 472. last %] 
 
 [426.] Whitehall, 21 July: 
 
 New Vpon the humble petition of Gyles Elbridge of the Citty of 
 
 ngan . BristoU Merchant praying licence for the exportation of 
 about eighty passengers and some provisions formerly accus- 
 tomed for the encrease and support of his fishing plantation 
 in New England [the licence is granted, on his giving bond] 
 by himselfe or some other sufficient man to the Clarke of the 
 Counsell to his Majestys vse that none of the said persons 
 shaibee shipped vntill publikely before the Maior of Bristol! 
 they have taken the Oathes of Allegiance and Supremacie. 
 And the Lord Treasurer is hereby prayed and required to giue 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 257 
 
 order to the officers of the Port of Bristoll accordingly any 
 former Order of tho Boord, or other revStrainte to the contrary 
 in anjnvise notwithstanding. [p. 530. last "[j.] 
 
 [427.] WhitehaU, 26 July: 
 
 Vpon reading this day att the Boord aswell the humble Virginia, 
 petition of Captain Samuel Mathewes against Thomas Hill 
 as alsoe a Certificatt of the Sub committee for foraigne Plan- 
 tations retorned to vs in Aunswere to a former Reference of 
 the Boord of the 12th of June last made vpon the petition 
 of the said Hill, which Certificatt the said Hill hath neglected 
 to call on and is as followeth in h sec verba. 
 
 May it please your Lordshipps 
 
 According to your Reference of the 12th of June last 
 vpon the petition of Thomas Hill against Captaine Mathewes, 
 We have heard the partyes and theyr Councell, And vpon 
 pervsall of our former Certificatte and your Lordshipps Order 
 therevpon Wee find that it was directed, that this business 
 should bee examined by Sir Henry Martin, which wee conceave 
 to bee the best way by way of Reference onely from your 
 Lordshipps in reguard of many Circumstances concurring in 
 this particuler Cause. And that he bee ordered to vse all 
 expedition the partyes being here reteyned from their affaires 
 in Virginia) to accommodate and settle the business if hee 
 can or otherwise to reporte the true state thereof to your 
 Lordshipps. And the rather in reguard wee find that the 
 Gouernor and Councell of Virginia take much Exception to 
 our former Report which notwithstanding vpon our last 
 hearing of all the partyes and the Witnesses produced verbally 
 before vs, wee find noe Cause in any part to retract But in 
 what way soe ever it bee putt, Wee thinke fitt, that both sides 
 should give sufficient security forthwith to abyde and per- 
 forme such finall Order, or decree as shalbee made vpon the 
 hearing. And whereas Captaine Mathewes complaines that 
 notwithstanding your Lordshipps Letter of the 25th of July 
 1638 neither hee nor his Agentes are putt in possession of 
 
 17 
 
258 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 the Estate and goodes directed to bee delivered him by the 
 said letter, but that some parte thereof to a good value is still 
 deteyned from him Wee conceave it fitt that Sir ffrancis Wyatt 
 the now Governor and Councell should by Order from your 
 Lordshipps bee directed to putt him in possession of such part 
 of the said Estate as is remayning vnrestored and was taken 
 from him vpon the complainte of the said Thomas Hill vpon 
 the said Governors Arryvall there according to the intent 
 of your Lordshipps sayd Letter dated the 9th of July 1639. 
 Signed Sir Wm. Beecher Sir Abraham Williams Sir ffrancis 
 Wyatt Mr Meautys. 
 
 [ The certificate is approved, and orders given accordingly.] 
 
 [p. 542. last %] 
 
 [428.] Whitehall, 28 July: 
 
 Virginia, Vpon the humble petition of the Marchantes, Masters and 
 
 Owners of fower severall Shippes called the Honour, the 
 Rebecca the Blessing and the Love of London. Shewing 
 that to further his Majestys service in his severall Plantations 
 of Virginia, they have provided the said Shipps to goe thither, 
 with men and provision for Servantes, which alredy they have 
 there, and that the said Shipps in or aboute AprUl last payed 
 his Majestic great Summes of money for the Custome and impost 
 of the goodes which they brought from the said Plantations, 
 which said Shippes being now att Gravesend fully fraighted 
 with the supply aforesaid, ana ready to putt to Sea againe, 
 are by the officers of his Majestys Customes within the Portes 
 of London and Gravesend there stayed to the great hindrance 
 of the petitioners and to the hazard of the loss of theyr 
 severall Voyages. And that the officer appointed to take 
 theyr Oathes of Allegiance and Supremacy refuse to goe 
 downe to Gravesend to take the same, as he hath ever bene 
 accustomed to doe Theire Lordshipps having heard and con- 
 sidered of the said petition did this day thinke fitt and Order 
 that the said Marchantes, Masters or Owners of the said Shipps 
 respectively shall bring vnto the Lord high Treasurer of 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 259 
 
 England a List of all goodes and provisions which are to bee 
 transported in them. And if his Lordshipp shall find the same to 
 bee such as are vsuall or fitt to bee transported in them, Then his 
 Lordshipp is hereby prayed to talce order with the officers of 
 his Majestys Customes, that the said Shippes may bee forth- 
 with cleared and permitted to proceed in their intended 
 Voyages Provided that all the Passengers in them or any of 
 them before the said Shippes bee permitted to pass, doe first 
 take their Oathes of Allegiance and Supremacy And in Case 
 the officer appointed doe not goe downe to take the said 
 
 Oathes Theire did thinke fitt and Order that the Minister 
 
 there in presence of some of the Officers att Grauesend may 
 take the same aboard the Shipps. [p. 548. last ^.] 
 
 [429.] Whitehall, 31 July: 
 
 Vpon reading this day att the Boord the humble petition Virginia. 
 of Thomas Deacon William Harris, Thomas Allen, William 
 Allen and others Merchantes and Planters in Virginia Shewing 
 that by reason of a Restrainte that noe Shipps shall goe from 
 James River vnto Charles River in Virginia the petitioners 
 have beene forced to sende theire goodes in open boates to 
 and from the Plantations neare Charles River to theire great 
 dammage discouragment and daunger of the loss of theire 
 lives and goodes [in accordance with a certificate from the Sub 
 committee for foreign Plantations it is ordered] that the Shipp 
 the Honour whereof Thomas Harrison is now Master shall 
 for this yeare bee permitted to putt into Charles Ryver 
 aforesaid, and the Men and goodes to bee there landed, 
 Provided that aU Passengers in her doe take the Oathes of 
 Allegiance and Supremacy And that a Ust of all the said 
 Passengers bee sent to the Gouernor and Councell in Virginia. 
 
 [p. 551. last T|.] 
 
 [430.] Ibid. 
 
 A Letter directed to Sir ffrancis Wyatt Knight Gouernor Virginia, 
 of Virginia and to the Councell there. Whereas Edmond 
 Dawber Administrator of the Estate of Sir Thomas 
 Gates Knight deceased in the Right of Margarett Dawber 
 
260 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 and Elizabeth Gates, daughters of the said Sir Thomas Gates 
 and of Margarett the Relict of his eldest sonne hath petitioned 
 this Boord that all such Estate of lands Cattle or other goodes, 
 as were properly belonging to Sir Thomas Gates att his last 
 coming from Virginia might bee restored and made good vnto 
 him, and his assignes [the orders given on 11 January, 1633 
 (c/. 305 & 299) are repeated.] [p. 558. ]f 1.] 
 
 [431.] Whitehall, 31 July: 
 Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of 
 
 Virginia. Whereas an humble petition of William BuHocke 
 hath bene brought to the Subcommittee for for- 
 raigne Plantations and by them recommended vnto vs for 
 our letters on the petitioners behalfe, whoe complayneth of 
 very great wrong and Iniury done vnto him by one Mr. 
 Br ocas as by the said petition you will more clearly disceme, 
 Wee haveing considered of the said petition and how fitt it 
 is that those whoe have made great Adventures for the good 
 and advancement of the Plantation should bee encouraged, 
 and receave speedy Justice against such, who have been 
 trusted by them, with their adventures, and deprived of the 
 fruite as this Case is expressed in the petition shalbee made 
 appeare. [Do therefore refer it to you to investigate, and 
 to cause justice to be done.] [p. 558. *1 2.] 
 
 [432.] Ibid. 
 
 Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of 
 
 Virginia and to the Councell there. Whereas wee did 
 this day heare read before vs the Certiflficatt of the 
 Sub committee for forraigne plantations retourned in aunswere 
 to our Reference vpon the petition of Laurence Evans against 
 ffrancis Poethris which petition wee herewith send you together 
 with a Coppie of the said Certificatt whereby wee find that 
 although the Gouernor and Councell there have vpon our 
 former letters proceeded in the Cause betweene them with 
 great Care and Caution. Yet in reguard it hath bene made 
 appeare vnto the Sub committee and vs by a letter from the 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 261 
 
 Secretary to the Councell of Virginia (being one of the Councell 
 there) that there was a notorious deficiency in the prosecution 
 by those intrusted by the said Laurence Evans with his Cause 
 and likewise a great mischaunce by which (as he alleadgeth) 
 the Evidence and Instruction sent by him from hence came 
 not to his Agentes handes, whereby his Cause might well 
 miscarry . . . And that the said Evans now intends himselfe 
 in person to prosecute his Cause Wee . . . have thought 
 fitt againe to recommend this Cause vnto you ... to 
 reheare the differences betweene the said parties and to 
 determine and settle the same . . . provided that the 
 said Evans doe pay vnto the said Poethris such Costs and 
 charges for the former suite as you the said Gouernor and 
 Councel shall thinke fitt and order. [p. 559.] 
 
 [433.] Whitehall, 31 July : 
 
 [A warrant to the Justices of the Peace in the Counties of Tobacco. 
 Worcester, Gloucester, and Monmouth. WiUiam King and 
 others, having authority to displant, pull up and destroy all 
 Enghsh tobacco, report that evasions and resistance have 
 been made by the inhabitants of Winchcombe, Cheltenham, 
 Tewkesbury, and other places, under colour of their poverty. 
 The tobacco is to be at once destroyed.] [p. 564. ^ 1.] 
 
 [434.] Whitehall, 2 August: 
 
 [Upon hearing Counsell on both sides in the business between Virginia. 
 Captain Samuel Mathews and John Woodhall the busines is] 
 hereby referred back to be heard and examined anewe, 
 by the newe Governor and Councell of Virginia vpon the 
 said Governors arrivall there, wherein their Lordshipps 
 doe especially recommend it to the said Governor to 
 take care that there be a full number of Councellors present 
 at the said heareing, and that Captaine Mathewes (according 
 to his owne offer) nor any other that is a formall party in the 
 cause, be not admitted to be present dureing the said 
 heareing as Councellors, And the Decree to bee made there- 
 vpon by the said Governor and Councell to be finall and 
 
262 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 bindeing to both sides, and to bee put in execution and neither 
 side to trouble this Board any more touching this busines 
 wherein it is Ukewise ordered that in case the said former 
 proceedings and sentence on the halfe of Woodhall appeare 
 to haue bin iust and regular and the complaint of the said 
 Captaine Mathewes to haue beene causeless, then the said 
 Captaine (according to his owne offer alsoe) is to satisfie and 
 pay such further costs and damages vnto the said Woodhall 
 as the said Governor and Councell shall conceiue fitt and reason- 
 able Lastly it is ordered that in the meane tyme the Cattail 
 in question shalbe continued in the possession of the said 
 Woodhall. [p. 568. H 2.] 
 
 [435.] Whitehall, 2 August : 
 Virginia. Whereas it was this day presented to the Board on the 
 
 behalfe of Captaine John West Capt. Samuell Mathewes Capt. 
 William Pierce Capt. WilHam Tooker and others against 
 them an Information by order of the Board was formerly 
 exhibited in the Starr chamber by his Majesties Attorney 
 Generall vpon the Complaint of Sir John Harvey. That they 
 haue now attended here for the space of three yeares or 
 thereabouts concerneing the said cause and noe prosecution 
 hath beene had therevpon to bringe it to a heareing and 
 haueing spent all the meanes they can procure heere, and their 
 Estates in Virginia being in danger to be vtterly ruined by 
 reason of their soe long absence thence. They were now 
 become humble suitors that they might bee Lycensed to repairs 
 into Virginia to take care for the preservation of their said 
 Estates, they haueing noe other way to maintaine themselues, 
 their wiues and Children, being ready to enter into new Bondes 
 to attend againe within any convenient tyme after notice giuen 
 them on that behalfe. Their Lordshipps vppon consideration 
 had thereof alsoe for that John Donne the prosecutor on behalfe 
 of Sir John Harvey is lately dead. Sir John Harvey himself e 
 remaineing yet by occasion of sicknesse in Virginia. And his 
 Majesties Attorney Generall haueing likewise informed their 
 Lordshipps that noe man hath giuen attendance or infor- 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 263 
 
 mation in the said cause for theise three Tearmes past and 
 more, Conceaveing their desire fitt to bee granted. Did order 
 that the said persons should bee heereby accordingly lyconsed 
 to goe ouer into Virginia they first glueing Bond of 500Z. 
 apeece before the Clarke or Deputy Clarke of the Starr- 
 Chamber to retourne againe and attend the said Court of 
 Starr chamber within eight Monthes after notice left in writting 
 on that behalfe at the house of the said William Tooker scituate 
 in Tower streete London. And therevppon their former bonds 
 ... are to be delivered vnto them. [p. 572.] 
 
 [436.] Whitehall, 11 August: 
 
 A Letter directed to Sir ffrancis Wyatt Knight Governenor Virginia, 
 of Virginia att his Arrivall there. Wee send you inclosed a 
 petition presented to this Board by Jane Hart Widdow. 
 Complajming against Capt. Christopher Wormley for most 
 vniust and Indirect practices and proceedings to defraud 
 her of a due aebt of 350Z. owing by him vnto her deceased 
 husband John Hart, vpon Bond. [Wormeley is to be examined, 
 and justice done.] [75. 585. *I 4.] 
 
 [437.] Whitehall, 18 August : 
 
 [The Sub-Committee report on a petition of the Somers Virginia. 
 Islands Company] : — 
 
 According to your reference made vnto vs of the 28th of 
 July last, vppon the petition ; we haue considered thereof, 
 and wee doe finde vppon Inquiry that the Sommer Islandes 
 doe much increase in people and are much scanted by the 
 narrownesse of the Soyle and that there was an agreement 
 heretofore by the Company of Virginia while the same sub- 
 sisted that there should bee granted vnto the said Company 
 of the Sommer Islandes a large proportion of Landes in 
 Virginia to supply the defect of the said Islandes. And wee 
 conceaue that the land lying betweene two Rivers of Rapa- 
 hanock and Patawmeck may bee very fitt and convenient for 
 them, neither is it yet Inhabited by any of his Majesties 
 
264 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 subiects, nor as yet any grant thereof (now in being) passed 
 vnto any others, by reason that the Grant to the Company 
 of Virginia is long since disolued. But wee hold it our Duties 
 to informe your Lordshipps that if the said Land bee now 
 passed to them in grant, it will bee consequently exemted 
 from the Jurisdiction of Virginia neither Doe the Company of 
 the Summer Islands desire the same to be att their Charge 
 Inhabited and planted except they may enioy it in the same 
 Condition that they doe the rest of the Sommer Islands which 
 they alleadge was the meaneing of their former agreement with 
 the Company of Virginia whUe it subsisted And in further 
 satisfaction to those of Virginia they doe offer that if the other 
 parts within the limitts of Virginia which haue since beene 
 graunted vnto others and are consequently exempted from 
 the Jurisdiction thereof shall hereafter bee ordered and 
 adiudged to bee restored againe to the Jurisdiction of Virginia 
 they will likewise submit their graunt to the like order : which 
 poynt wee humbly submit to your Lordshipps graue Considera- 
 tions without interposing any opinion therein. Signed :— 
 Lord Goring, Sir Wm.'Becher, Sir Abraham Dawes, Sir Abraham 
 Williams, George Sandis Esqr., Tho. Meautys Esqr. 
 
 Their Lordshipps vpon Consideration had thereof well 
 approueing of the same, Did thinke fitt and order that his 
 Majesties Attorney generall should forthwith Drawe vpp 
 a Grant for his Majesties Signature of the aforesaid Land 
 lyind betweene the two Rivers of Raphanock and Ratowmeck 
 in Virginia to bee past vnto the said Companie of the Sommer 
 Islands in as large and ample manner as those Grants formerly 
 past vnto the Lord Baltimore Sir Robert Heath and Sir Edmond 
 Plowden or any of them, with this Prouiso neverthelesse 
 according to the opinion delivered in the said Certificate that 
 if the parts within the limits of Virginia which haue beene 
 soe granted vnto others since the Dissolution of the Virginia 
 Companie and are thereby exempted from the Jurisdiction 
 of Virginia, shall hereafter bee ordered and adiudged to bee 
 all restored againe to that Jurisdiction they shall likewise 
 submitt their Grant to the like order. [p. 603. H 2.] 
 
1639] ACTS OF THE PRIVY COUNCIL (COLONIAL). 265 
 
 [438.] Whitehall, 25 August : 
 
 Whereas an humble Petition was this day presented to the Bermudas. 
 Board by the Conipanie of the Summer Islands, praying . . . 
 that in the Shipp the Dorse tt now by them prepared and 
 bound for the said Islands, they might for the releife of that 
 Plantation bee licensed to export thether sundry provisions ... 
 as also that theire passengers might take the oath of Allegiance 
 at Gravesend and bee examined by the Minister there and not att 
 the Custome house . . . his Majestie with the advice of their 
 Lordshipps did order that the said Companie should be hereby 
 authorised and licensed to send vnto the Islands aforesaid 
 and Plantation twenty hoggsheads of Meale forty dousin of 
 Candles seaventy dousin of Shooes &c [and] that the Searchers 
 or other his Majestys Officers hereto authorised at Gravesend 
 may and shall there administer the said oath vnto the said 
 Passengers, as also that the said examination of them, be 
 performed at Gravesend by the Minister of the place : Whereof 
 the fEarmers of his Majestys Customes and others whome 
 it may concerne are hereby to take notice and to governe 
 themselves accordingly. [p. 611. last ^.] 
 
 [439.] Whitehall, 15 September: 
 
 A Warrantt of the Tenor following directed to the Officers Virginia 
 of his Majestys Customes within the ports of London and 
 Gravesend and to all others whome it may concerne. Whereas 
 the Merchants Master and Owners of the Ship called the 
 Charles of London did by their petition presented to the 
 Boord humbly shewe That having brought a greate quantity 
 of Tobacco to the port of London and paid his Majestie a greate 
 Summ of money for the Custome thereof. And being now 
 ready to returne with the said Ship to Virginia againe humbly 
 desired leave to transport the number of passengers and 
 other commodities herevnder specified for the better accoih- 
 modation in the said plantation, which Wee hereby thought 
 good to grant vnto them. [The said ship is therefore to 
 be allowed to pass, on her passengers taking the Oaths of Alle- 
 giance and Supremacy at Gravesend.] 
 
266 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 T3 
 
 for the Charles 
 100 Passengers 
 5 quarters of Mault 
 55 dozen of Shooes 
 30 ffirkins of Butter 
 2000 weight of Cheese 
 10 barrells of Powder 
 500 weight of small shot 
 70 dozen of Candles 
 50 Hogsheads of Oatmeale 
 20 hogsheads of naeale 
 100 weight of Pewter 
 2000 nailes of severall sorts 
 Clothes for ye hundred ] 
 Servants, vizt Suits Capg V 
 Stockena and Hamacoes J 
 3 tons of Spanish and 
 
 Srenoh wines 
 2 touns of strong waters. 
 50 Case. 
 
 The like Warrants for the 
 Shipps the William and Sara, 
 the George, and Charity of 
 London to transport the passen- 
 gers and provisions following 
 in each. 
 
 100 Passengers 
 40 Dozen of Shooes 
 10 quarters of Mault 
 50 ffirkins of Butter 
 3000 weight of Cheese 
 4 barrells of powder 
 
 500 weight of small shott 
 60 dozen of Candles 
 
 100 bushells of Salt 
 40 bushells of Oatmeale 
 10 hogsheads of Meale 
 
 [p. 643.] 
 [440.] Whitehall, 23 October: 
 Virginia. Whereas Thomas Phillips formerly sentenced by the late 
 
 Gouvernour and Councell of Virginia for schandalous woords 
 as hee alleadgeth by him uttered and spoken against Sir John 
 Harvey, Knight, then Gouvernor thear, for which hee hath 
 already suffered Imprisonment and other Corporall punish- 
 ment, And parte of the said sentence beyiige that hee should 
 bee banished out of the said plantatyon, hee was an humble 
 suitor by Petition to the Board that parte of the said sentence 
 might bee released, and that hee might be permitted to retourne 
 Into Virginia his Estate wife and Children still remayninge 
 there, the consideration of which Petition their Lordshipa 
 were pleased to referr to the Sub Committee for fforraigne 
 Plantatyons, [and whereas the certificate of the said sub- 
 committee recommends that his petition be granted, on con- 
 dition that he give bond for his good behaviour in the future, 
 the Governor and Council of Virginia are requested to give 
 order accordingly]. [p. 690. ^ 1.] 
 
 [441.] Inner Star Chamber, 31 October: 
 SirF. Gorges. Vpon Consideration had of the petition of Adrian Tucker 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 267 
 
 Concerninge wages owinge to him by Sir fferdinando Gorge and 
 others Adventurers In new England Their Lordshipps were 
 pleased to referr (the farther Examination of the Petitioners 
 demands as alsoe of the Cause why hee was omitted In the 
 former List of those who Claymed wages, likewise from the said 
 Adventurers) vnto Thomas Ayres who was Gierke of the said 
 Company and Kept the Bookes of Accompt for those wages, 
 who therevpon made Certificate to the Board as foUoweth . . . 
 I doe finde that there is owinge vnto the said Tucker for his 
 wages for 3 yeares 3 moneths endinge the 17th of June 1633 
 the somme of eleuen pounds nyneteene shillings and 5d. [His 
 omission from the former list] was because when the rest of the 
 seruants wages was audited before Sir John Wolstenholme 
 and Sir Abraham Dawes, the said Adrian Tucker appeared 
 not, nor any for him to make his demand as others did. 
 
 Their Lordshipps findinge noe Cause to disalow of the 
 oppinion deliuered in the said Certifficate . . . did there- 
 fore thinke fitt and order that Sir fferdinando Gorge should 
 vpon sight hereof pay vnto the petitioner the said somme . . . 
 or otherwise shew good Cause to the Contrary betweene this 
 and the first Day of the next Tearme. [p. 697. ^f 1.] 
 
 CHARLES I. VOLUME XVII. Part 1. 
 (2 Nov. 1639-25 Sept. 1640.) 
 
 [442.] Star chamber, 6 Nouember : 
 
 Vpon the petition of the Marchants Master and Owners of Virginia, 
 the Shipp called the Suzanna of London, Shewing that the 
 said Shipp came from Virginia about May last laden with 
 Tobacco, and other Commodityes and paid his Majestic great 
 sommes of money for the Customes thereof, and that the said 
 Shipp is now ready to goe to Virginia againe, with such 
 Passengers, and provisions, as here vnder written are mentioned, 
 but cannot bee permitted by the officers of the Ports of 
 London, and Grauesend, to cleare the said Shipp without 
 order from this Boord. [The desired permission is ordered 
 
268 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 New 
 England, 
 
 to be granted, on the] Passengers takeing the Oathes of 
 Allegiance, and Supremacy, before the officer appointed for 
 that Service, att Grauesend (or in Case he shall refuse to goe 
 downe thither, then before some other officer, or Minister 
 there, as hath bene vsuall. 
 
 80 Passengers 
 15 quarters of Mault 
 55 dozen of Shooes 
 30 fl&rkins of Butter 
 2000 weight of Cheese 
 10 barrells of Powder 
 500 weight of Small shott 
 70 dozen of Candells 
 30 hogsheads of Oatmell 
 50 Cace. 
 
 100 weight of Pewter 
 
 20 hogsheads of Meale 
 
 500 weight of Soape 
 
 20000 Nayles of severall sorts 
 
 Clothes for the 80 Servants (vizt 
 
 Sutes, Caps, Stockings, 
 
 Hanuuackoes and Beds. 
 
 3 Tonns of Spanish and Srench 
 
 wines 
 2 Tonnes of strong water 
 
 [p. 17. II 2.] 
 [443.] Inner Star chamber, 22 Nouember : 
 Vpon reading this day the humble petition of Richard 
 Long, John Taylor and John Gonning of the Citty of 
 BristoU Merchants Owners of the Ship the Mary Rose of the 
 burthen of 180 tonnes Shewing that the petitioners haue 
 for many yeares together adventured vnto the Newfoundland 
 and those Westerne partes the sayd shipp and diverse others 
 in ffishing voyages which ffish they haue carryed into Spaine 
 and retourned wynes into England which payes vnto his 
 Majestic great Summes of money praying lycence for sending 
 the said ship with the Passengers and provisions vndernamed 
 from Bristol! to New England [The desired permission 
 is ordered to be granted on the passengers taking the Oath 
 of Allegiance]. 
 
 120 Passengers 
 20 quarters of Meale 
 60 dozen of shooes 
 20 Kinderkins of butter 
 30 hundred wayt of Cheese 
 10 Barrells of Powder 
 500 weight of small shott 
 80 dozen of Candells 
 30 hogsheads of meall 
 30 hogsheads of oatemeale 
 10 hogsheads of Peas 
 
 100 weight of Pewter 
 
 1000 weight of Soape 
 
 20 thousand Nayles of all sorts 
 
 Clothes for the Passengers vizt 
 
 Shirts, Caps Stockings Beds 
 
 and hamackos 
 4 Tonns of Spanish and Srench 
 
 wynes 
 2 Tonns of Veniger 
 1 Tonne of hot waters in Caske, 
 bottells and Cases 
 
 [p. 59. H I.] 
 
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 269 
 
 [444.] Inner Star chamber, 22 Nouember : 
 
 Vpon the petition of Gilbert Grymes and Orpheus West Indies. 
 Duman Masters of the two Shipps the fEortune, and the Ann 
 and John of London Shewing that the petitioners having 
 theyr Shipps already fallen downe to Grauesend bound for 
 the Carabee Islands but being there they and theyr passengers 
 are stayed for that they have not a lycence for transporting 
 the Commodityes hereafter written [The license is ordered 
 to be granted on the usual conditions. — Cf. 442.J 
 
 In the ffortune 
 
 
 In the 
 
 Ann 
 
 and John 
 
 Shooes 
 
 150 dozen 
 
 Shooes 
 
 
 200 dozen 
 
 Canvas suits 
 
 300 
 
 
 Canvstss suits 
 
 100 
 
 Shirts 
 
 300 
 
 
 Shirts 
 
 
 200 
 
 Stockings 
 
 100 
 
 
 Stockings 
 
 
 150 dozen 
 
 Caps 
 
 100 
 
 
 Caps 
 
 
 40 dozen 
 
 Powder 
 
 10 
 
 barrells 
 
 Powder 
 
 
 10 barrells 
 
 Musketts 
 
 100 
 
 
 Musketts 
 
 
 100 
 
 [p. 60. H 1.] 
 
 [445.] Inner Star chamber, 29 Nouember : 
 
 Vpon reading this day an humble petition of the ^aimda and 
 Marchants and Owners trading to the Plantations of Can- England, 
 nada and Newengland Shewing that in reguard the Trade 
 to these Plantations hath beene a meanes for to increase the 
 trade of ffishing, and by theire outwarde bound Voyages hath 
 of late procured almost all the trade from Newfound land 
 from the Dutch, and that by trading in those parts they 
 haue discovered other places for fishing where they find fish 
 to bee of greater sise, one hundred of it to bee worth two 
 of that in New found land, the petitioners praying lycence 
 for sending two Shipps the John, and the James of London 
 for to proceed thither to supply the Wants of the Planters 
 there, and ffisher men, and alsoe to take from hence Planters 
 and ffishermen with theire goods and provisions [The license 
 is ordered to be granted. No list of the cargo is appended]. 
 
 [p. 92. 5f 1.] 
 
 [446.] Whitehall, 17 December: 
 
 A Letter directed to Sir fErancis Wyatt knight Governor Virginia, 
 of Virginia, for the tyme being, and to the Counsell ther. 
 
270 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 
 
 Whereas, by our Letters to you directed of the 11th of 
 August vppon the Complaint of Anthony Panton Clark Rector 
 of York and Cheskyack, in Virginia, against a sentence giuen 
 against him by the Governor and Counsell there, beareing date 
 the eight of October, 1638, wherein the busines was referred 
 back againe vnto you to be reheard vppon a Certiiicat 
 retourned to vs from the Sub-Commissioners for forraine Plan- 
 tations, you were authorised and required, to cause that part 
 of the said sentence, which directed his banishment, from the 
 Colonyes vppon paines of death, if he retoume to be sus- 
 pended vntill further order from this Board, where allso we 
 recommended it to your Care that neither Sir John Harvey, 
 nor Mr. Kempe, should be admitted to be present as Coun- 
 sellors dureing the said heareing. Wee vppon the humble 
 petition, of the said Anthony Panton, and farther con- 
 sideration of the said Certificat, returned from the Sub- 
 Commissioners aforesaid, do hereby further recommend the 
 case of the said Panton vnto your Care authorising and 
 requireing you the now Gouernor and Counsell there, to 
 cause Sir John Harvey Knight late Gouernor there, to deliver 
 over such goods and estate of the Petitioners, as he hath in 
 his hands, and what he hath distributed to his Sherriffs and 
 other Officers, vnto such persons whom you the present 
 Governor and Counsell shall appoynt, where they are to remayne 
 till from this Board you shall haue further order therein. And 
 we do further authorise and require you if that vppon the 
 reheareing of the said cause the Petitioner be found inocent, 
 to restore him to his Cure againe, and to giue us a true 
 Account of your proceedings herein. [p. 191. ^ 3.] 
 
 [447.] Whitehall, 22 December: 
 Barbados. [A license to go to Barbados is granted for the Love 
 and the Planter of London, one of them recently 
 returned thence with "Cotton WoUes, Tobacco and other 
 Comodities." The oaths are to be taken by the passengers 
 " before the Officer thereto appoynted, or before the Rectory 
 Minister, and some of his Majesties officers." Details of the 
 lading are appended] : — 
 
1639-40.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 271 
 
 In the Shipp Planter of London In the Love of London 
 
 Passengers 250 Passengers 200 
 
 Shooes 300 dozen Shooes 250 dozen 
 
 Shirts 300 dozen Shirts 250 dozen 
 
 Drawers 300 dozen Drawers 250 dozen 
 
 Munmoth Caps 30 dozen Munmoth Caps 20 dozen 
 
 Crocus Canvas for cotton Baggs, Crocus Canvas to make Cotton 
 
 250 peeces Bages 250 peeoes 
 
 Cloth to make shirts 40 ells Linnen for Shirts 400 ells 
 Iron Tooles to the value of 40Z. Iron Tooles 40 pounds worth 
 Wax Candles 300 pounds weight Wax Candles 300 pounds worth 
 Wine two Tonns Wine two Tonns 
 
 Oyle 100 gaUons Oyle 100 Gallons 
 
 Nayles 10000 Nayles 10000 
 
 Cheese 2000 weight Cheese 2000 weight 
 
 Musketts 40 Musketts 40 
 
 Aqua vite or strong waters Aqua vitse or strong water] | 
 
 2 Tonns 2 Tonns 
 
 hatts 10 dozen Hatts 10 dozen 
 
 Powder 4 Barrells Powder 4 Barrells 
 
 Stockings 20 dozen , Stockings 20 dozen 
 
 Butter 20 ffirkins Butter 20 ffirkins 
 
 A Kke order Mutatis Mutandis, for the Ships the Peter 
 Bonaventure, and the Marcus of London, for the same 
 number of Passengers and quantities of provisions. 
 
 {p. 212. H 1.] 
 [448.] Whitehall, 10 January : 
 
 Vpon hearing the petition of his Majestys Subiects Inhabi- Barbados, 
 tants of the Island of Barbados presented by the Councell 
 and Burgesses their representative body to his Majestic and by 
 him referred to this Boord, and likewise the petition of Edward 
 Cranfield and Edward Shelley now attending his Majestie 
 and their Lordships from the Inhabitants of the said Island. 
 [All concerned are required to give their attendance at the 
 hearing of the business on the 15th instant, when the Earl 
 of Carhsle, Sir James Hay, and Archibald Hay, Esqr., (who 
 are to receive copies of the petition) will bring with them 
 the commission mentioned in the petition.] And Mr. Secre- 
 tary Windebank is desired to move his j Majestie to bee 
 graciously pleased to stay the proceedings on the said Com- 
 mission in the meane time. [p. 229. ^ 2.] 
 
 [C.S.P. I. p. 306.] 
 
Barbados. 
 
 272 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1640. 
 
 [449.] Whitehall, 15 January : 
 
 His Majestie and their Lordships having this day fuUy heard 
 aswell the Earle of Carlile and his Councell as some of the 
 Inhabitants of the Island of Barbados and their Councell, 
 touching a petition formerly presented to his Majestie, in the 
 name of the Inhabitants of the said Island, concerning a Com- 
 mission lately given by the said Earle, to Serjeant Major 
 Huncks, to bee Governor of the said Island, and his Majestys 
 Letter sent therewith approving of the said Governor fEoras- 
 much as it now appeared that there was not such respect and 
 obedience given to his Majestys saia Letter of the 16th of 
 March last, nor to the Commission graunted by the said Earle, 
 which the Inhabitants ought to have yielded ; His Majestie 
 and the Boord declaring that they ought to have admitted 
 the said Serieant Major Huncks according to his said Commission 
 and his Majestys expresse Commands, and after to have repre- 
 sented their Reasons of Greivances to his Majestie or the now 
 Earle, to the contrary (if they had iust cause) and not to have 
 taken vpon them to determine the right of the place, contrary 
 to his Majestys expresse Declaration, vpon any implyed Stile 
 to Captaine Hawley in a subsequent Letter or Commission given 
 him to another purpose, and then to render reasons of their 
 disobedience ; It was now Ordered by his Majestie (with the 
 advice of their Lordshipps) that the Inhabitants of the said 
 Island shall, in the first place, receive the said Serjeant Major 
 Huncks as their Governor, and settle him the said charge, 
 according to the Tenor and true meaning of the Commission 
 given him by the said Earle, ratified by his Majestys said Letter, 
 and vntill the said Huncks can, or shall, come to the said 
 Island to receave such Governor or depiity as the said Earle 
 shall appoint. And that if the ffreinds of Captaine Henry 
 Hawley shall within ten dayes after notice given to Edward 
 Cranfeild or Edward Shelley (who followe the cause for the 
 Island,) of this Order put in sufficient Security for Twenty 
 thousand pounds before the Clerck of the Councell attendant 
 to present himselfe within fower moneths (or as soone as hee 
 can get passage from thence) at the Councell Boord here, 
 aswell to answere such misdemeanors as are and shalbee 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 273 
 
 objected against him, touching his Carriagein the said place, 
 as to bee responsible for such Sums of money and other 
 demands as the said Earle shall hereafter make to appeare at 
 the Boord to bee due from him, to his Lordship and the ff cof- 
 fees of his Lordships ffather, then the said Captaine Hawley 
 shall haue leave to repaire hither as a ffreeman ; And, in such 
 case, It is Ordered by his Majestie that hee shall quietly enjoy 
 his Estate in Land and Goods in the said Island without any 
 Impeachment of the said Serieant major Huncks or of his 
 Majestys Commissioners aforesaid or any others whatsoever. 
 But if such Security shall not by the said day prefixed bee 
 here given by the ffreinds of the said Captaine Hawley, 
 according to this Order, and Certificate thereof given vnder the 
 hands of the Clerck of the CounceU attendant or if hee shall 
 not conforme vnto this Order and performe the same, then 
 the said New Governor or Deputy and his Majestys Com- 
 missioners are hereby Ordered and required to send him over 
 prisoner and to put all his Lands and Goods (by way of 
 Sequestration) into safe hands till further Order and direc- 
 tions from this Boord. Hereof all those whome it may concerne 
 are to take notice and to conforme themselves accordingly. 
 
 Ip. 244. H 2.] 
 [C.S.P. I. p. 306.] 
 
 [450.] Whitehall, 17 January : 
 
 [A pass to be granted for the Nephine of Bristol to go ^J.^^tj^*'°" 
 for New England and from thence to Newfoundland and so to 
 Spain for wines to bring for Bristol. The 125 passengers are to 
 take the Oaths at Crocan Pill, and the cargo list comprises] :— 
 150 Barrells of Beefe 150 dozen of Shooes 200 ella of Cloth to make 
 
 40 hogsheads of Mault 150 Suits of Clothes Shirts 
 
 40 hogsheads of Meale 150 dozen of Shirts 20 pounds worth of Iron 
 
 150 dozen of Stookins 150 dozen of Drawers Tooles 
 
 2 Tons of Wine 20 dozen of Monmouth 1000 weight of Candles 
 
 100 Gallons of Oyle Caps 20 dozen of Bootes 
 
 10000 Nayles 10 dozen of Hatts 10 hogsheads of pease 
 
 1 Tonn and halfe of 4 barrells of powder 250 weight of pewter 
 
 Strong water 20 Musketts 500 weight of Soape 
 
 500 weight of small shot 2 Tonus of Vinegar 
 15 hogsheads of Oatmeale [p. 249. T| 1.] 
 
 [C.S.P. I. p. 307.] 
 
 18 
 
274 ACTS OF THE PETVY COUNCIL (COLONIAL). [1640. 
 
 Plantation 
 Trade. 
 
 Plantation 
 Trade. 
 
 [451. J Whitehall, 17 January : 
 
 [A like pass for the Felloiuship of Bristol for a similar 
 
 voyage (calling at Malaga for wines). The lading for the 
 
 outward journey is as follows] : — 
 
 40 dozen of monmouth Caps 
 
 400 els of Cloth to make 8 barrells of Powder 
 
 shirts 
 40 pounds worth of Iron 
 
 Tooles 
 2000 weight of Candles 
 4 Tonns of Wine 
 200 Gallons of Oyle 
 20000 of nailes 
 3 Tonus of Strongwater 
 20 dozen of Hatts 
 
 250 Passengers 
 300 barrells of Beefe 
 80 hogsheads of mault 
 80 hogsheads of meale 
 300 dozen of Stockings 
 300 dozen of Shooes 
 300 Suits of Clothes 
 300 dozen of Shirts 
 300 dozen of Drawers 
 
 40 musketts 
 
 1000 weight of small shott 
 30 hogsheads of Oatmeale 
 20 hogsheads of Pease 
 500 weight of Peweter 
 1000 weight of Soape 
 2 Tonns of Vinegar 
 
 [p. 250. II 1.] 
 [C.S.P. I. p. 307.] 
 
 [452.] Ibid. 
 
 [A like order for the Desire of New England on the petition 
 of George Foxcroft and the other owners, who] having Estates 
 lying in New England aforesaid in Clapboords pipestaves 
 Hoopes ffish and other Commodities and intending to buy ffish 
 in Newfoundland to transport into Spaine and other places 
 humbly besought the Boord that they might bee permitted 
 not onely to proceed with their said ship in this Voyage, but 
 have leave to take in and carry such passengers and pro- 
 visions for New England, as shalbee offered, without which 
 helpe they cannot proceed in theire Intentions nor possesse 
 themselves of their Estates in New England. [The Desire is 
 to carry passengers and provisions as follows] : — 
 
 50 Passengers 
 Butter 15 firluns 
 Cheese 10c. weight 
 Beefe 20 hogsheads 
 Porke 10 hogsheads 
 Wheate and Wheat 
 
 meale 30 quarters 
 Rye and Rye meale 20 quarters 
 Gates and Oatmeale 
 
 20 quarters 
 
 Mault and Barley 
 
 150 quarters 
 Powder 10 Barrills 
 Bisquit 10 thousand 
 Tallow and Suet 
 
 40 Barrells 
 Shooes 200 dozen 
 Bootes 10 dozen 
 Pease 20 quarters 
 Candles 50c. weight 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 275 
 
 The like Order for the Ship called the William and George 
 of London to export the passengers and provisions following : — 
 
 Passengers 180 
 
 Butter 40 fi&rkins 
 
 Cheese 35c. weight 
 
 Beefe 50 hogsheads 
 
 Porke 20 hogsheads 
 
 Wheat and Meale 100 quarters 
 
 Rye and Rye meale 60 quarters 
 
 Oates and Oatmeale 60 quarters 
 
 [453.] Whitehall, 19 January: 
 
 Mault and Barley 200 quarters 
 Powder 30 Barrells 
 Bisquet 30 thousand 
 Tallow and Suet 60 barrells 
 Shoes 300 dozen 
 Bootes 20 dozen 
 Pease 60 quarters 
 Candles 80c. weight 
 
 [p. 250. ]I 2.] 
 [C.S.P. I. p. 307.] 
 
 [A license for the Sparrow of New England (50 tons) Plantation 
 to proceed thither is granted on the petition of Thomas 
 Hawkins and Nehemiah Bourne, merchants, the owners of 
 the vessel. Besides fifty passengers the ship's consignment 
 includes] : — 
 
 50 quarters of Mault 
 30 quarters of Pease 
 10 quartersof Oatmeale 
 20 quarters of Wheate 
 20 hogsheads of Meale 
 50 dozen of Shooes 
 10 dozen of Bootes 
 30 Hides for Soles 
 40 hides for vpper 
 
 leather 
 50 dozen of Candles 
 
 The Shipp the Merchant 
 Adventurer of London 
 burthen of 300 Tonns 
 180 Passengers 
 300 quarters of Mault 
 200 quarters of Pease 
 200 quarters of Wheate 
 200 hogsheads of Meale 
 200 dozen of Shooes 
 100 hogsheads of 
 Oatmeale 
 50 dozen of Bootes 
 200 dozen of Candles 
 
 The Shipp the Schipio 
 of London, burthen 
 300 tonus 
 180 Passengers 
 300 quarters of Mault 
 200 quarters of Pease 
 200 quarters of Wheate 
 200 hogsheads of Mealo 
 200 dozen of Shooes 
 100 hogsheads of 
 Oatmeale 
 50 dozen of Bootes 
 200 dozen of Candles 
 
 [p. 253. H 1.] 
 [C.S.P. I. p. 307.] 
 
 [454.] Whitehall, 24 January : 
 
 A Letter directed to the Earl of Northumberland Lord high Newfound- 
 Admirall of England. Whereas John Lane Merchant dwelling ^^ ' 
 at or neare Dartmouth is now preparing and making ready 
 a ship called the Woolfe of the burthen of 320 Tonns or 
 
276 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640 
 
 thereabouts to gee to the Bay of Verds with an intention 
 to disturbe and preiudice the ffishery there which Lane having 
 been sent for by Warrant from the Boord vpon pretence of 
 sicknesse refuseth to appeare at this Boord on purpose to 
 gaine time to set forth the said shipp. Wee have therefore 
 thought good hereby to pray and require your Lordshipp forth- 
 with to give directions for the sure staying the said ship, vntill 
 such time as the said Lane hath answered vnto such things as 
 shalbee objected against him, or till further Order from this 
 Boord. [p. 255. ^ 3.] 
 
 [C.S.P. Dom. '39-'40. p. 369.] 
 
 [On the 28th December 1639 a warrant had been directed 
 
 to Wilham Martin, messenger, to bring Lane before their 
 
 Lordships.] [p. 214. last %] 
 
 Plantation 
 Trade. 
 
 Newfound- 
 land. 
 
 [455.] Whitehall, 26 January : 
 
 [On the petition of " Stephen Goodyere Merchant and 
 Richard Russell Partner and Master of the Shipp the St John 
 of London of the burthen of 320 tonus," a pass is granted 
 for the vessel to proceed on a voyage to New Eng- 
 land, Newfoundland, and Spain. Two hundred and fifty 
 passengers are carried and the lading is returned as follows] :— 
 40 dozen Monmouth Caps 20 dozen of Hatts 
 
 300 barrells of Beefe 400 ells Cloth to make 
 
 180 hogsheads of Mault shirts 
 
 80 hogsheads of Meale 40 pounds worth Iron 
 
 300 dozen of Stockins 
 300 dozen of Shooes 
 300 suites of Clothes 
 300 dozen of Shirts 
 300 dozen of Drawers 
 
 Tooles 
 2000 weight of Candles 
 a Bell of 20c. weight 
 4 Tonns of Wine 
 200 Gallons of Oyle 
 2000 Nailes 
 3 Tonus of Strong water 
 
 8 BarreUs of Powder 
 40 Musquetts 
 1000 weight of small shot 
 300 hogsheads of 
 Oatmeale 
 200 hogsheads of Pease 
 500 weight of Pewter 
 1000 weight of Soape 
 2 Tonns of Vinegre. 
 
 [p. 262. H 1.] 
 [C.S.P. I. p. 307.] 
 
 [456.] Inner Star chamber, 31 January : 
 
 Whereas John Lane of Drexham [Brixham] in the County of 
 Devon Merchant did this day by his petition represent that being 
 served with a Warrant from the Boord dated the 24th of 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 277 
 
 December wherein hee is required to attend their Lordships ; 
 Hee being fallen sick some dayes before and soe continuing 
 still is at the present soe weake that hee is not able to travell 
 as may appeare by a Certificate vnder the hand of 
 Frederick Wauchope Doctor in Phisick dwelling in Totnes ; 
 but soe soone as hee shalbee able, if it bee their Lordships 
 pleasures, he will not faile to attend the Boord ; and humbly 
 desired that his stay might bee respited till the 25th of Maich 
 [permission is given with an order] not to faile to give 
 his Attendance at that time. [p. 270. ^ 4.] 
 
 [C.S.P. Dom. '39-'40. p. 409.] 
 
 [On 21 March notice is entered that Lane attended 
 
 according to his bond.] [p. 387 *[| 2.] 
 
 [457.] Inner Star chamber 31 January : 
 
 A Letter directed to the Governor and Councell of Virginia. Virginia 
 Wee perceave by an Order made at the Quarter Court holden 
 at James Citty in Virginia the 26th of March 1639. That 
 Thomas Stegg Merchant and Jeremy Blackman Mariner 
 having made an offer to furnish that Plantation with Horses 
 Mares and such like Beasts of Carriage provided that they 
 might bee permitted to export from thence the like number 
 of Neate Cattle which Sir John Harvy Knight then Governor 
 and the rest vpon consultation finding to bee of greate vse 
 and consequence to the Colony and an Advancement of the 
 publique good both in Warre and peace in accomodating 
 Marches vpon the Enemies and discoveries with other private 
 Affaires, did passe an Act in that Court wherein they did 
 allowe the said Thomas Stegg and Jeremy Blackman or their 
 Assignes to bring in the said Horses Mares and Assenicoes 
 and to take from thence Neate Cattell accordingly, which 
 Wee well approving of have thought good hereby to recom- 
 mend the same vnto you the now Governour and Councell 
 praying and requiring you to confirme the said former Act of 
 Court and see that it bee duely kept and observed. 
 
 [p. 283. t 2.] 
 [C.S.P. I. p. 308.] 
 
278 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 
 
 New 
 England. 
 
 Barbados. 
 
 Newfound- 
 laud. 
 
 [458.] Whitehall, 29 ffebruary : 
 
 [On the petition of Edward Payne, owner, and Robert 
 Clay, master, of the Susan and Helen, a pass is granted 
 for the vessel to proceed to New England thus freighted, 
 viz] : — 
 
 Meale 100 hogsheads 
 Mault 100 quarters 
 Rye 40 hogsheads 
 Pease 40 quarters 
 Oatmeale 30 quarters 
 Candles 150 dozen 
 Oates 40 quarters 
 Showes 200 dozen 
 
 Butter 200 ffirkins 
 Cheese 200 waight 
 Beefe 150 hogsheads 
 Powder 8 Barrells 
 Porcke 4 hogsheads 
 Aquauit» 4 hogsheads 
 Bisckett 10000 
 
 [p. 323. 1! 1.] 
 
 [459.] Ibid. 
 
 [A pass for the Victory bound for Barbados with] 
 
 200 Passengers 200 gallons of oyle 30 hogsheads of oatemeale 
 
 250 dozen of Shoes 20000 of nayles 500 weight of pewter 
 
 300 dozen of Shirts 3000 weight of Cheese 1000 weight of Soape 
 
 300 dozen of drawers 60 fifirkins of Butter 2 tuns of Vineger 
 SOdozenof MunmothCapps 40 Musketts 
 
 250 peeees of Crocus 
 Canvas for Cotton 
 
 400 ells of Cloth to 
 
 make shirts 
 50 pownds woorth of 
 
 Iron tooles 
 2000 weight of Candles 
 4 tunnes of wyne 
 
 4 tuns of aqua uitse 
 and strong water 
 20 dozen of hatts 
 8 Barrells of powder 
 200 dozen of Stockings 
 2000 weight of small 
 shott 
 
 40 dozen of Bootes 
 40 hogsheads of Mault 
 40 hogsheads of Meale 
 20 Barrells of Pease 
 
 [p. 323. % 2.] 
 [460.] Whitehall, 8 March : 
 '...Whereas his Majestie and the Boord did this day heare 
 the Complaints of Mr. ffowell of Plymouth authorized from 
 the ifishermen of the West Cuntry trading on the coast of 
 Newfoundland, to complaine against Captain David Kirke 
 knight and others of the Planters residing there. It was 
 this day in the first place by him declared that hee did not 
 complaine, neyther had Commission to complaine against the 
 Plantation of that Cuntry or against the Patent granted by 
 his Majestie to the Lord Marquis Hambleton the Lord 
 Chamberlaine the Earle of Holland and others, but only of 
 the grievous oppressions, exactions, and iniuries, by him 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 279 
 
 aUedgod to bee committed against the ffishermen of the West 
 cuntrey by Captain David Kirke knight and other the 
 Planters residing there contrary to the provisions of his 
 Majestie expressed in the sayd lietters Pattents, and contrary 
 to the Ordinances setled by his Majestie with advise of the 
 Boord for the goverment, and preservation of the ffishermen 
 of New found land, in the 9th yeare of his-Majestys Raigne 
 which Ordinances are liltewise in the saj^d Letters Pattents 
 for Plantation provided for that they shall bee duely, and 
 inviolably kept by all persons. Which declaration is ordered 
 to bee Registred in the Councell Booke. It was likewise by 
 his Majestie with advise of the Boord fm-ther ordered, that in 
 reguard the sayd Complainte were of very many heads, and 
 that the proofes thereof were like to prove very long, that 
 his Majesties Attorney and SoUicitor generall shall take the 
 said Complaynts and proofes taken by the Mayors of Plymouth, 
 and Dartmouth now offered to bee shewne into consideration 
 and make Report to the Boord of the true state thereof, with 
 aU possible speed, and that in the meane tyme Letters shalbee 
 written by the Boord in his Majestys name (in reguard infor- 
 mation is given that the fishing shipps are shortly to goe on 
 theyr voyage) requiring and strictly enioyning Captain Klirke 
 and the planters to conform to the directions contained in the 
 Letters Patent and the Ordinance already mentioned. 
 
 [f. 351.] 
 [461.] Whitehall, 11 March : 
 
 A letter directed to Sir David Kirke knight. [Whereas Newfound- 
 many grievous complaints have been made to his Majesty of ^"'^• 
 your disregard of the Ordinance touching Newfoundland and 
 the letters patent of the plantation, which] his Majestie and 
 this Boord are not apt or hasty to believe, by reason of the 
 good opinion had of your fidelity and discretion, but have 
 referred the same to further examination and proofe to bee 
 made whereof you shall heare further hereafter as the same 
 shall fall out eyther to your condemnation or to your 
 cleering and reparation for a causeless clamor against you 
 But in the meane tyme wee doe by his Majesties especiall 
 
280 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 
 
 command strictly enio3Tie and require you, that you bee very 
 carefull punctually to observe and performe all the provisions 
 inserted [in the documents already referred to for the 
 government of Newfoundland]. 
 
 Postscrip — Our intention by this letter is not to restreyne 
 you, but that you may reserve roome for one of the Shipps 
 of the Pattentees in each of the 4 harbors following 1 Petty 
 Harbor 2 St Johns 3 Torbar 4 Bay of Verds, so as you 
 deteyne not any more roome then is iust and necessary for 
 you to make vse of. [p. 356. ^ 1.] 
 
 [462.] Whitehall, 13 March : 
 SuF. Gorges. A letter directed to Sr fEerdinando Gorge. Vpon Con- 
 sideration this day had of the humble petition of Adrian 
 Tucker for the payment of a summe of 111. 19s. 5d. claymed 
 by him from you for wages for service done long since vnto 
 you and others Adventurers to New England . . fforasmuch as it 
 appeareth by Certificatt of . . . Mr. Thomas Eyre of the 31th of 
 October last that the sayd Summe of 111. 19s. 5d. is iustly due 
 vnto him the sayd Tucker from you for his sayd wages for three 
 yeares and three monethes ended the 17th of June 1633 and 
 ought to haue bene payed him out of [the 24.41. ordered on 
 20 March and 28 May 1639 to be paid to the poor people 
 on Mr. Thomas Eyre's register for wages due to them]. And 
 that the reason why the sayd Tucker was not comprised in 
 a list of those whose demaunds were formerly examined and 
 ordered to bee paied, was because when the rest of the Ser- 
 vants wages were audited before Sir John Wolstenholme and 
 Sir Abraham Dawes, the sayd Tucker appeared not, the sayd 
 Tucker being then sicke as is alleadged. [You are therefore 
 to pay the said sum or to] shew Cause (if you can) why a 
 iust debt soe long since due to the petitioner should not bee 
 payed vnto him, for that your petition formerly exhibited 
 in aunswere to the complainte of the sayd Tucker doth not 
 any waies satisfie vs. [p. 366. Tf 1.] 
 
 [463.] Whitehall, 18 March : 
 Christopher. ^^^ *^® petition of the trustees for the late Earl of CarHsle 
 for military stores for St. Christopher in supplement to those 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 281 
 
 voted on 28 May 1639, the Lord Treasurer is required 
 to give warrant for transporting thither] both such 
 quantities of powder as are directed by the Order of the 28th 
 of May last., and such proportionable match and shott, and 
 such number of Musketts Rests and Bandoliers, as they att 
 convenient tymes shall desier, and his Lordshipp shall find 
 not inconvenient for his Majestys service. [p. 380. If 1.] 
 
 [464.] Whitehall, 20 March : 
 
 Vpon the humble petition of William Harris and Thomas Plantation 
 
 Trade 
 
 Deacon Cheesemongers Shewing that there is now gi-eat plenty 
 of butter and Cheese in this Kingdome And that there is 
 sufficient to supply all the Kings occasions att very reasonable 
 prices and yet there will remaine greater quantityes of those 
 Commodityes on theyr hands then they can vend whiles they 
 are good which might tend to theyr Ruyne if not seasonably 
 vended, and therefore did humbly desier Lycence to transport 
 a thousand ffirkins of butter and five hundred weigh of 
 Cheese from the Port of London to any of his Majestys forraigne 
 plantations paying his Majestie such Customes and dutyes as 
 hath ben vsuall [the petition is granted]. [p. 382. ^ 2.] 
 
 [On the 27th, John Bailey having a great quantity of good 
 cheese left on his hands after provisioning the King's Army 
 in the North, is permitted to furnish the plantations with 
 •WO weys at 2kZ. per lb.] [P- 407. ^ 1.] 
 
 [On 10 April license to export 300 weys of cheese to the 
 plantations is granted to John Chesten and Dennis Gauden, 
 they having after the Scottish expedition purchased large 
 quantities from John Crane, victualler for the Navy, at 
 36/8 and 40/- per wey.J [p. 434. If 1.] 
 
 CHARLES I. VOLUME XVII. Part 2. (Ap.-Sep. 1640). 
 
 [465.] Whitehall, 10 AprU : 
 
 [A pass to New England, Newfoundland and Spain for Plantation 
 the Hopewell of Barnstaple, carrying : — ] 
 
 120 Passengers 015 : hogsheads of Porke 
 
 060 : quarters of Wheate and 060 : farkins of Bacon 
 
 Wheate Meale 060 : hundredweight of Cheese 
 
Plantation 
 Trade. 
 
 Plantation 
 Trade. 
 
 282 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 
 
 040 : quarters of Bye and Bye 030 : Hundredweight of Tallow and 
 
 meale suett 
 
 040 : quarters of Oates and oate- 100 : dozen of Shooes 
 
 meale 
 
 100 : quarters of Mault and Barley 020 : hundredweight of Candles 
 
 040 : quarters of Pease 010 : BarreUs of Gun-powder 
 030 : hogsheads of Beefe 
 
 [In justification of the export of provisions, the petitioners 
 plead parenthetically] — the rather for that those parts have 
 (God be praysed) plentifully abounded this yeare with all 
 manner of Graine and other provisions. [p. 428. f 1.] 
 
 [466.] WhitehaU, 10 April : 
 
 [A pass for Matthew Abroy, master of the Hopewell of 
 London, lately returned to Bristol from New England, New- 
 foundland, and Malaga in Spain, to repeat the voyage, carry- 
 ing on the outward journey : — ] 
 
 Passengers . . . . 120 Porke 15 : hogseheads 
 
 Wheate and wheat meale 060 : qra Bacon 60 : ffirkins 
 
 Bye and Bye meale . . 040 qrs Cheese 60 : C. 
 
 Oates and Oate Meale . . 040 : qrs Tallow and suet . . 30 : C 
 
 Mault and Barley 100 qt Shooes 100 : dozen 
 
 Pease 040 qrs Candles 20 : C 
 
 Beefe 30 hogseheads. Gunpowder . . . . 10 Barrells. 
 
 [p. 429. H I.] 
 [467.] Ibid. 
 
 [A similar pass for the Charles of Bristol, with — ] 
 
 250 Passengers 004 Toims of Wyne 
 
 300 Barrells of Beefe 200 Gallons of Gyle 
 
 100 Barrells of Butter 20000 of Nayles 
 
 200 Kentills of Cheese 040 Musketta 
 
 080 hogesheads of Molt 003 Tonns of strong water 
 
 080 hogseheads of Meale 020 dozen of Hatts 
 
 300 dozen of Stookins 008 Barrells of Powder 
 
 300 dozen of Shirts 050 dozen of Bootes 
 
 300 suites of Clothes 040 hogseheads of Pease 
 
 300 dozen of Drawers 040 hogseheads of oatemeale 
 
 300 dozen of shooes 002 Tonns of Vinigere 
 
 040 dozen of Munmoth Capps 040 quarters of Come 
 
 400 Ells of Cloth for shirts 1000 weight of smaU Shott 
 
 1001. worth of Iron Tooles 500 weight of Pewter 
 
 2000 weight of Candles 1000 weight of Soape 
 
 012 Tonns of sheet Lead. 
 
 [p. 430. ^ 1.] 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 283 
 
 [468.] WhitehaU, 10 April : 
 
 [A similar pass for the William and John of Bristol Plantation 
 with—] T^^'l^- 
 
 060 Passengers 
 
 060 dozen of shooes 
 
 020 hogsheads of Beefe 
 
 020 peeces of broad cloth to 
 
 make suits 
 2500 bushells of Mault in Bulke 
 050 barrells of Butter 
 020 hundred of Cheese 
 012 Tonns of Lead 
 010 dozen of hatts 
 
 200 ells of Lynnen Cloth for shirts 
 
 020 dozen of Drawers 
 
 20 dozen of Monmoth Caps 
 
 020?. worth of Iron Tooles 
 
 010 Barrells of Oatemeale 
 
 020 barreUs of Meale 
 
 020 barrells of pease 
 
 2 Tonns of strongwater 
 
 2 Tonus of W3fne. 
 
 [p. 431. 11 1.] 
 
 [469.] Whitehall, 27 May : 
 
 [A pass for the Charles of Gloucester, a new ship, to go Plantation 
 to the Plantations and Newfoundland with — ] 
 
 Trade. 
 
 100 pa.ssengers 
 80 hogsheades of Mault 
 40 hogsheades of Meale 
 150 dozen of Stockings 
 150 dozen of Shooes 
 500 yards of WoUen cloth 
 20 dozen of Bootes 
 
 400 elles of linen 40 hogsheades of Pease 
 
 Cloth for Shirtes 1 Tonne of Soape 
 
 40?. worth of Iron Tooles 150 dozen of Pins 
 
 20c. weight of Candles 4 Tonn of Cheese 
 
 5000 weight of Nailes 30 barrells of Butter 
 
 2 Tons of Strongwaters 50 head of Neat Cattle 
 
 40 hogsheades of 50?. worth woUen Cloth 
 
 Oatemeale to make suites. 
 
 10 dozen of Hatts 
 
 [In the petition it is said that the trade of Gloucester] by 
 reason of the shelves and foulnesse of the River (which the 
 Petitioners together with divers other Merchants intend to 
 cleere, and make navigable and fit for Trade as formerly) 
 is much neglected and decayed. [p. 509 ]] I.] 
 
 [470.] Ibid. 
 
 [A like pass for the Amity 
 
 of London, carrying — ] 
 
 120 Passengers 
 100 Hogsheades of Meale 
 50 hogsheades of Mault 
 20 hogsheades of Oat- 
 
 meale 
 80 ffirkins of Butter 
 
 300 weight of Cheese 
 60 dozen of shoes 
 2000 wt. of Bisquit. 
 80 dozen of Candles 
 30 ffirkins of Suett 
 
 8 hogsheades of Beefe 
 26 hogsheades of Pease 
 6 Barrells of Powder 
 30 Musquetts. 
 
 [p. 510. 1| 1.] 
 
284 ACTS OP THE PRIVY COUNCIL (COLONIAL). [J 640. 
 
 [471.] WhitehaU, 15 July: 
 Bermudas Whereas theyr Lordshipps were this day informed that the 
 
 Shipp the Diamond whereof Thomas Burton is Master and 
 sett forth by Maurice Thompson and others is now att Graves- 
 end and ready to sett sayle as is supposed for the Summer 
 Islands . . . the Earle of Northumberland Lord Generall of 
 his Majesties Army and Lord high Admiral! of England [is] 
 to cause stay to bee forthwith made of the sayd shipp the 
 Diamond untill theyre Lordshipps have receaved further 
 Information and shall give further order herein. 
 
 [p. 633. H 5.] 
 
 [472.] WhitehaU, 26 July : 
 Virginia. Whereas his Majestic and the Board were this day informed 
 
 that the Gouernor and Councell of Virginia had corapla3Tied 
 against Richard Kempe Esqr. Secretary of that Colony whoe 
 being questioned for some very scandalous speeches charged 
 upon him against the Lord Arch Bishop of Canterbury his 
 Grace, secretly departed without Lycence into England 
 leaving the Records and other papers in that Colony both 
 concerning his Majesties Service, and private mens Interests 
 in great confusion, and had complayned likewise against one 
 Dyer Master of a Shipp for transporting the said Kempe 
 without lycence, out of the Colony which Complaints were 
 referred by the Lords Commissioners for forayne Plantations 
 under the Great Seale of England to the Lord Goring Sir 
 Thomas Rowe and other the Subcommittees for forayne 
 Plantations who did convent before them the sayd Richard 
 Kempe and PhiUp Dyer and acquainted them with the sayd 
 complainte and reference unto them whoe for Aunswere there- 
 unto produced unto them a petition of his owne unto his 
 Majestic pretending to informe his Majestie of some thinges 
 done there, by the Governor, and Councell to the preiudice of 
 his Majesties Revenew and that he came away to informe 
 his Majestie thereof. And further by the sayd petition desiered 
 that instead of being referred unto them the Subcommittee 
 for foraigne Plantations for the Examination of his sayd 
 
1640.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 285 
 
 Information and his coming away thereupon he might bee 
 referred unto some honorable persons by him named in the 
 sayd petition. And shewed them a Reference from his Majestic 
 of the 14th of this Moneth to the effect by him desiered and 
 a Coppie of a Letter from his Majestic to the Goiiernors and 
 CounceU of Virginia by which his Majestic doth approve of 
 the said Kemps coming away and of the sayd Dyers trans- 
 porting of him, the business being lefte to bee examined 
 afterwards by the said Referrces Whereupon the sayd Com- 
 mittee did forbeare any further proceeding upon the Reference 
 of the Lords Commissioners for fforayne Plantations and did 
 now represent the same to his Majestic and the Board. 
 [His Majesty, considering the irregular procuring of his 
 own letter and reference, revokes these, and renews the 
 reference of 19 July to the Sub-Committee, who are to report 
 the matter for final decision to the Commissioners for 
 Foreign Plantations.] [p. 665. Tf 1.] 
 
 [473.] *Whitehall, 31 July: 
 
 Whereas an humble petition was presented to theire Lord- Virginia and 
 shipps in the name of the Gouernor Councell and Burgesses of ^^'^''yi'^nd. 
 of the Grand Assembly in Virginia Shewing That his Majestic 
 and the Board had bine pleased from tyme to tyme, to require 
 the Gouernor and Councell of Virginia by Instructions directed 
 to them to cause the people there, to lessen the quantityes of 
 their Tobacco, and to ymploy themselves to the raysing of 
 some more staple commodityes which was never yet duly 
 executed though the same hath bine often treated on att 
 Grand AssembKcs The great Ingagements and debts of the 
 Planters specified in Tobacco having hitherto byn constantly 
 pleaded as the maine obstacle and pretended impossibihty 
 for the effecting thereof and hath still occasioned the Planting 
 of such great and vast quantityes of Tobacco whereby the 
 sayd Comodity is brought to noe esteme or value to the great 
 
 * This section itself is imdated, but the following section is dated 31 July. 
 Both occur on interpolated leaves, found according to a memorandum 
 inserted in the Register — "by Mr. Lemon in the month of January 1856 in the 
 State Paper Office, where they had been for above 160 years among some 
 undated papers relating to Trade and Plantations." 
 
286 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 
 
 loss and preiudice of the Adventurers and the utter ruine of 
 the Planters in theire maintenance and subsistence That for 
 redress therein and for the Advancement of the price of Tobaccoe 
 de futuro, the principall Marchants and most considerable 
 number of Adventurers to the said Colony had by propositions 
 subscribed with theire hands and transmitted thither the last 
 yeare 1639 consented and agreed That in case all the Tobacco 
 planted there in the sayd yeare 1639 were absolutely destroyed 
 and burnt, Excepting onely soe much in equall proportion 
 for each Planter as should make in the whole Twelve hundred 
 thousand pounds of the Absolute best of the sayd Tobacco, 
 and noe more, and that the same have all the Stalks stripped 
 forth and smoothed. That in consideration thereof they were 
 content to accept and receive fforty pounds of the sayd best 
 Tobacco soe stripped and smoothed in full satisfaction of 
 every hundred pound weight of Tobacco then due unto them, 
 and which should grow due unto them for any goods solde 
 untill or before the Publication thereof in Virginia. Provided 
 that the said iOlb. wt. for every hundred wt. bee paid att such 
 tymes respectively as the sayd debts shall grow due. And 
 further that in two yeares then next ensuing vizt 1640 and 
 1641 such restrainte bee had in planting as that there bee 
 onely made twelve hundred thousand weight yearely of the 
 like good absolute Tobacco strippt and smoothed and noe 
 more, and if there bee any surplus beyond that quantity 
 the same to bee yearely destroyed and burnt in consideration 
 of the aforesayd Abatements. Which aforesayd Propositions 
 haveing bin debated and duly weighed att the Grand Assembly 
 in Virginia summoned by the new Gouernor Sir ffrancis Wyatt 
 presently after his comeing over, and the same being 
 found and conceived to bee for the Advancement of the sayd 
 Commodity and theire aU good and prosperity of the 
 said Colony as likewise the ready and onely meanes in con- 
 formity to the sayd Instructions of his Majestic and this 
 Board for the gayning of tyme towards the raysing of more 
 usefuU and profitable Commodityes hytherto wholly neglected 
 through the sole intendment of Tobacco. .The sayd Assembly 
 
1640.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 287 
 
 in discharge of theire dutyes to his Majestie and the Weale 
 publique did thereupon thinke fitt to comply with the sayd 
 Propositions or att least with the intent of them testified by 
 divers present att the subscription, by enacting a Law in the 
 first place for the burning of all the bad Tobacco of that 
 yeere 1639 which being done, in reguard by such burning of 
 the bad as aforesaid, it was found that the Tobacco would 
 not bee reduced and lessened to the proportion desiered in 
 the Propositions It was thereupon further ordered that halfe 
 the good Tobacco should bee likewise destroyed and burned. 
 And that for the then two next ensueing yeares there should 
 not bee planted above twelve hundred thousand weight per 
 Annum within the sayd Colony and the same to have the 
 stalkes striped forth and smoothed. [Now, although most 
 of the planters and adventurers subscribed these pro- 
 positions, yet some individuals who were not present 
 and did not subscribe may] upon pretence of Injustice 
 done unto them by such burninges and destroying of 
 theire Goods traduce the good intents of the petitioners 
 by Complainte to this Board aggravating the bare Acts 
 without the Circumstances thereof [or bring actions against 
 their agents in VirgiDia or against the Governor and Assembly, 
 the petitioners therefore seek confirmation of the Act by 
 the Council, with a further order] to other Plantations especially 
 to those that are neighbouring and confyneing on them within 
 the auntient bounds and lymitts of Virginia that there bee the 
 like stinting and regulation of Tobacco there, because other- 
 wise it may be doubted that the excessive quantityes planted 
 by them will keepe the same still as despicable a drugg as it 
 is besides the desier of planting att their full Uberty will induce 
 numbers to .remove from Virginia, whereby the sayd Colony 
 would in short tyme bee deserted. [Lastly, in consideration 
 of the pubhc charges akeady heavy on the planters and now 
 to be more heavy by reason of the stinting of tobacco, the 
 petitioners pray his Majesty to remit the arrearages of the 
 quitrents of twelve pence on every fifty acres of land, 
 promising to pay these thenceforth as they should fall due. 
 
288 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 
 
 The petition was remitted to the Rub-committee for Foreign 
 Plantations who reported that on consideration of the 
 petition and of Lord Baltimore's objections against the restraint 
 of neighbouring plantations, they were of opinion] that they 
 of MaryLand ought to conforme themselves for the future 
 in theire planting of Tobacco, to a proportion agreable to the 
 sayd Reglement now established in Virginia. [The only part 
 of Lord Baltimore's objections which appears material or 
 considerable concerns provision of shipping for their yearly 
 supply of clothes and other necessaries out of England, and 
 to meet this demand it is recommended that there be 
 allotted to Maryland such part of the shipping sailing for 
 Virginia as they shall demand or as shall be otherwise 
 assigned unto them by the Commissioners for Foreign Plan- 
 tations or by the Sub-committee. It is recommended that 
 the arrears of quitrents be remitted — ] the rather for that 
 the gathering of the sayd Arerages woulde bee very difficulte 
 (if not impossible) in reguard scarce the hundreth parte of 
 the sayd Lands hath been planted, and manured, being taken 
 up, more to keepe the clayme on foot then for any benifitt 
 made thereof [Finally it is recommended that the regu- 
 lations be ratified as desired and entered in the Book of 
 Council Causes. This report of the Sub-committee is approved 
 and confirmed by the Council save in respect of the stinting 
 of Maryland tobacco. This is not to be enforced during the 
 present two year term specified in the Virginia Act, but if the 
 regulation should be continued for any longer time in Vir- 
 ginia] then the sayd Reglement and restrainte shalbee estab- 
 lished and observed in MaryLand for such tyme and in such 
 manner as the same shalbee continewed in Virginia. 
 
 [pp. 680 a-d.] 
 
 [474.] Hampton Court, 6 September : 
 
 Hantation [Passes for the Honour, the Oeorge and Rebecca, the Richard 
 and Anne, the Gift of God, and the Dorset, aU of London, to 
 sail for Virginia, with lading given for four of them as 
 follows :] 
 
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 289 
 
 150 Passengers 
 150 dozen of shooes 
 90 doz. of shirts 
 65 doz. of drawers 
 25 doz. of Monmouth 
 
 Caps 
 800 ells Linnen Cloth for 
 
 shirts 
 
 The Honor. 
 60 dozen of Candles 1500 weight of Cheese 
 6 BarreUes of Gunpowder 3 Tunnes of Wine 
 
 9000 weight of shot 
 3000 weight of Soape 
 150 Suits of Clothes 
 30 doz. of WoUen 
 
 Stockings 
 80 doz. of Irish 
 
 15 Peices of WoUen Cloth Stockings 
 
 to make Suites 15 doz. of Wastcoates 
 
 30' worth of Iron Tooles 15 doz. of Hatts 
 10™ ot Nayles. 30 ffirkins of Butter 
 
 The George and Rebecca 
 
 140 Passengers 
 140 dozen of shooes 
 80 dozen of shirts 
 60 dozen of Drawers 
 20 dozen of Monmouth 
 
 Caps 
 12 peices WoUen Cloth 
 
 for Suits 
 500 elles Liimen Cloth 
 
 for shirtes 
 25' worth of Iron Tooles 
 80 thousand of Nailes 
 46 dozen oi Candles 
 6 barrells of Powder 
 6000 of shott 
 2000 of Soape 
 40 Suites of Clothes 
 25 dozen woUen stockings 
 70 dozen Irish stocking 
 12 dozen of Wastcoates 
 10 doz. of hatts 
 25 ffirkins of Butter 
 12c. pound wt. of Cheese 
 3 Tunus of Wines 
 150 Gallons of Oyle 
 12 hogsheads Mault 
 30 Musquetes 8 barr: 
 
 Meale 
 6 hogsheads Vinegar 
 600 of Pewter 
 400 ells Canvasse 
 50 cases of Strongwater 
 
 200 Gallons of Oyle 
 200 Gallons of Strong 
 
 waters 
 16 hogshead es of Mault 
 30 Musquets 
 8 Barrells of Meale 
 8 hogsheades of Vinigar 
 100 weight of pewter 
 600 ells of Canvasse 
 
 The Dorsett. 
 
 100 Passengers 
 
 5 quarters of Mault 
 
 10 dozen of shooes 
 
 30 ffirkins of Butter 
 
 20e. weight of Cheese 
 
 10 barrells of Powder 
 
 20000 nailes of all sorts 
 
 900 wt. of smaU shot 
 
 70 doz. of Candles 
 
 50 hogsheads Oatmeale 
 
 100 wt. Pewter 
 
 3 Tun of ffir. and Spanish 
 
 wines 
 2 Tuns of strong waters 
 Clothes for 100 Servants 
 
 Suits 
 Caps, stockings, a,nd 
 
 Hamackoes, 80 cases 
 
 [At the same time the 
 Charles of London 
 has a pass for the Sum- 
 mer Islands, carrying 
 passengers, and] 
 20 Barrells of Gunpowder 
 100 Musquets and Banda- 
 
 hers 
 50 haUe Pikes 
 2000 wt. of shot : 1000 
 
 of Match 
 20 hogsheads of Meale 
 100 dozen of Candles 
 150 dozen of Shooes 
 
 [p. 714. ^ 3.] 
 [For the Honour, C.S.P. I. p. 315.] 
 
 19 
 
 The Gui/t of God 
 
 100 Passengers 
 100 dozen of shooes 
 60 dozen of drawers 
 15 dozen of Mon- 
 mouth Capps 
 200 ells of Linnen 
 
 Cloth for shirts 
 10 peices of WoUen 
 Cloth for suites 
 20' worth Iron Tooles 
 50 thousand of Nailes 
 40 dozen of Candles 
 40 barreUs of powder 
 6000 weight of shot 
 2000 weight of Soape 
 100 suites of cloth 
 20 dozen of stockings 
 10 dozen of Wastcoates 
 10 dozen of Hatts 
 20 ffirkins of Butter 
 1000 weight of cheese 
 2 Tuns of Wine 
 100 Gallons of Oyle 
 120 GaUons of Strong- 
 water 
 20 Musquets 
 60 busheUs of Mault 
 40 busheUs of Meale 
 4 hogsheads of 
 
 Vinegar 
 500 weight of Pewter. 
 
290 ACTS OF THE PRIVY COUNCIL (COLONIAL). L1640. 
 [475.] Whitehall, 9 September : 
 Newfound- [j^ the ease of the complaints of the Devonshire men 
 using the Newfoundland fisheries against Sir David Kirke 
 and other planters there, the Attorney and Solicitor General 
 to whom the matter was remitted on the 8th of March, report 
 that the truth of the matter set forth in the petition is con- 
 troverted and in part denied by the defendants, and recom- 
 mend] that a Commission bee awarded into the Westerns 
 parte where the Witnesses reside, to examine the truth of all 
 the matters complajnied of. [The Council accordingly order 
 such a Commission to be drawn up by the Lord Keeper for] 
 such persons as his Lordship shall thinke fit to name and 
 appoint for that purpose. [p. 722. T| 1.] 
 
 [C.S.P. L p. 315.] 
 
 CHAELES I. VOL. XVIIT. (4 Oct. 1640-30 Aug. 1645.) 
 [476.] Whitehall, 29 November: 
 
 St. Lucia. [Captain Philip Bell representing to the Board] that 
 
 there is an Island in the West India called Santa Ijucia not 
 farre distant from Barbados lately planted by the English who 
 are now in great want for food and Cloathing and of Armes, and 
 Amunition whereljy to keepe and maintaine the said Island 
 and defend themselves from the enemies and Indians. And 
 therefore humbly besought theire Lordshipps to grant him 
 Fiycence to transport and cary to the said Island one hundred 
 and forty passengers with such goods and provisions as is 
 hereunder specified, [license is accordingly given to him to 
 transport to St. Lucia in the Friendship of London (Peter 
 Dod master): — ] 
 
 140 Passengers 30 Hogsheds of Meale 
 
 10000 Weight of Shot 50 ffirkings of Butter 
 
 1000 Weight of Soape 2000 of Cheese 
 
 30 Musketts 600 Dozen of CandeUs 
 
 200 Weight of Pewter 20 Hogsheds of Maulte 
 
 300 dozen of Shooes 20 Barrells of Powder. 
 
 [p. 60. H 2.] 
 
1»41.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 291 
 
 [477.] Whitehall, 17 January : 
 
 [Captain Hawley's estate having been sequestrated according Barbados, 
 to the Order of 15 January 1640], His Majestie and their 
 Lordships having this day fully heard aswell the now Earle 
 of Carlile and some of the ffeoffees of the late Earl of Carlile, 
 as the said Captaine Hawley and CounceU on both sides. 
 It was . . ordered . . . That the said Captaine 
 Hawley or his Assignes shalbee forthwith put into quiet 
 possession of all his Estate in Lands and Goods whereof hee 
 was (by vertue of the said Sequestration) dispossessed, or of 
 soe much thereof as shalbee now remayning. And that the 
 now Earle and the said ffeoffees shall give good Security to 
 make good and satisfy unto the said Captaine Hawley what- 
 soever he shalbee damnified in his said Estate by the said 
 Sequestration. [On the other hand] Captaine Hawley shall 
 give Security to bee responsible to the said ffeoffees for 
 soe much as shall upon a just Accompt appeare to bee due 
 from him to the said late Earle or his Lordships ffeoffees 
 shortly after hee shall have possession of his said Estate 
 [Even if there is delay or difficulty about the giving of security 
 by any of the parties, Hawley's estate is to be restored forth- 
 with. If the securities be not given, the parties are left for 
 satisfaction of their respective claims for debt or damages 
 to the course of law. Hawley is neither to give security nor 
 to be sued before he has been repossessed of his estate. 
 Sergeant Major Huncks or whoever is now Governor of the 
 Island is to see to the speedy and complete execution of the 
 orders of the Board. [p. 79. 1| 1.] 
 
 [C.S.P. L p. 317.] 
 [478.] Whitehall, 31 March: 
 
 A Letter directed to the Lord high Treasurer of England New 
 
 England. 
 
 Whereas the Merchants Planters of New England have by 
 their petition complained that they have not been nor yet 
 are permitted to ffreight their Ships and to transport to the 
 said Plantations necessary Commodities for the safeguard and 
 defence thereof, as also for the support and rehefe of the 
 Inhabitants there. [Order is to given allowing them to 
 
292 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641. 
 
 transport not only passengers, but also all such commodities 
 as by their charter they are permitted and allowed to do.J 
 
 [p. 111. ^ 1.] 
 [479.] Whitehall, 23 September : 
 Virginia. A letter directing the Treasury, despite orders prohibiting 
 
 the export of certain of the goods, to grant passes for 
 Richard Quincy, William Allen, and other Virginia merhants 
 and planters, to transport thither in the Rebecca and the 
 Honour of London besides 1 40 and 1 60 passengers respectively 
 the following stores] to supply the wants of many thousands 
 of his Majesties Subiects there being otherwise unable to 
 Cloth and defend themselves. 
 
 In the Rebecca of London. 
 30 Musketta and fowling pieces, 2000 of Iron and Steele, 
 
 4 dozen of course Pettycoates 
 
 and wastcoats, 
 4 dozen of course felt hatts, 
 300 course Cloth suites, 
 
 4 dozen of boddyes for women, 
 50 course Ruggs, 
 100 course bedticks and matterises, 
 
 12 stufie sutes, 
 100 Come sacks, 
 1800 Ells of Canvas and Vitrys, 
 1800 Ells of Lockaram, 
 1000 weight of gunpowder, 
 1200 weight of Shott and buUetts, 
 1500 weight of Soape, 400 weight 
 
 of Suger, 
 1500 weight of Currans, Raisons, 
 and pruins. 
 50 pound of all sort of spices. 
 100 pound of pepper, 100 pound 
 
 of pewter. 
 100 pound of black, brown and 
 
 other thread. 
 100 gallons of Sallet oyle, 
 200000 of Nayles, 100 of Cheese. 
 
 haberdashers wares to the value 
 
 20 dozen of wollen Stockinn, 
 120 dozen of course shirts and 
 
 smocks, 
 200dozen of shoes, 100 doz. of Candles, 
 80 doz of Axes and Heads. 
 12 doz of Sythes and sickles 
 200 doz. of Irish and cotton stockina 
 20 doz of Munmouth Copps 
 50 doz of Cotton Wastcoates 
 50 dozen of vitry drawers[?] 
 10 peices of course broad cloth 
 15 peices of course kersey. 
 20 peices of course ffreeze. 
 20 peices of course Cottons 
 15 peices of perpetuanaes 
 40 peices of course Holland and 
 dowlasse 
 
 15 hogsh. of Malt, 16 hogsh. of Salt. 
 8 hogsh. of Meale, 8 hogsh. of Wyne. 
 
 16 hogsh. of Viniger, 12 firkins of 
 
 butter. 
 400 gallons of strong water and 
 
 Aquavitae 
 10 barrells of plough Irons, haspes, 
 
 hinges, and garnetts 
 of 101. 
 
 In the Honor of London. 
 10 barrells of gunpowder, 2000 20 hogsh. of Salt, 5 Tonns of Wyne 
 
 weight of shott, 5 Tonns of Viniger, 8 barrells of 
 
 60 fowling peices and Musketts 
 
 oyle 
 
1641.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 293 
 
 200 
 
 2000 
 4000 
 5000 
 
 100 
 800 
 800 
 200 
 10 
 
 dozen of shoes, 200 doz. of 
 
 Candles, 
 hogsh. of Meale, 12 hogsh. of 
 
 Malt. 
 Ells of course Canvas 
 Ells of course Lockaram 
 Ells of dowlas, 20 barrells of 
 
 Nayles 
 dozen of Axes and Heads 
 yards of course Sreeze 
 yards of course Cottons 
 dozen of Irish stockins 
 firkins of butter, 10 barrells 
 
 of plough Irons, 
 
 [480.] Whitehall, 9 and 20 
 
 80 cases of strong water, 2 Tonns 
 of Aquavita 
 300 course Cloth sutes, 300 Canvis 
 Sutes, 
 20 doz of Monmodth Capps, 2000 
 weight of Soape 
 500 weight of suger, 100 weight of 
 pepper. 
 40 pound of severaU sorts of spices 
 1900 weight of Raisons, Currants, and 
 Pruans. 
 20 doz of wollen stockins 
 10 dozen of black and browne thread 
 10 peices of course broad Cloth 
 15 peices of course perpetuanaes 
 1200 weight of Cheese, 12 dozen of 
 Hatts 
 
 [p. 181. II 3.] 
 October : 
 
 [A pass for the Mayflower of London, John Cole master, Vir-inia. 
 to proceed to Virginia with — ] 
 
 passengers 
 350 Ells of Canvas 
 160 Ells of Holland 
 600 EUs of blew linning 
 600 peices of white CalUcoe 
 550 peices of Lockaram 
 100 cases of strong water 
 100 gallons of strong water in 
 Rundletts 
 
 40 peices of kersey 
 
 10 peeces of ffreezes 
 100 dozen of Irish stockins 
 
 40 Ruggs and other bedding 
 100 dozen of Candles. 
 
 20m. of Bread. 
 Im. of fiish 50 gallons of oyle 
 
 20 fSrkins of butter 
 
 400 dozen of Shooes 
 
 300m. of Nayles of all sorts 
 
 50 dozen of Baggs 
 4 Tonus of Canary Wine 
 
 10 peices of broad Cloth. 
 
 10 hogsheads of Meale and flower 
 
 12 cases of Soape cont. 60001. 
 
 1 hogshead of thread cont 6001. 
 30 kettles 20 potts 
 
 20 stewing panns 
 
 4 frying panns 
 
 haberdashers' ware 401. sterling. 
 24 hogsheads of Beefe 
 40 Tonns of Beere 
 60 busheUs of Pease 
 
 2 barrells of Gate Meale 
 40 dozen of Candles 
 
 16 barrells of gunpowder 
 
 [This warrant is dated the 20th and is followed by another 
 
 of the 9th permitting Lawrence Greene, merchant, to ship in 
 
 the same vessel] — 
 
 20 Passengers 200000m. of Nayles 
 
 1500 Ells of Canvas 39 Iron Potts and Kettles 
 
 450 Ells of Lockaram 6 stewing panns 
 
 830 Ells of Isingham Holland 12 Chafing dishes 
 
 30 EUs of bagg HoUaud 24 frying panns 
 
Virginia and 
 Bermudas. 
 
 294 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641 
 
 400 Ells of blew Linning 280 gallons of strong water 
 
 50 peices of Callicoe 400 gaUons of Canary wine 
 
 500 yards of Hreeze 2000 weight of hard soape 
 
 250 pound of course thread 35 dozen of Shoes 
 
 haberdashers wares to ye value of 101. 2 hogsheads of Malt 
 50 dozen of Irish stockins. 2 hogsheads of fflower. 
 
 [p. 186. II 1.1 
 
 [481.] Whitehall, 12 December: 
 
 [A warrant for the ship Dorsett of London to sail to 
 Virginia with] — 
 
 150 Cotton. 
 
 OlOBarrells Malt . 
 
 Passengers 
 
 Powder 
 
 Peeces 030 
 
 Shott 2000 
 
 Servants shutes Course . . 300 
 
 Shirts 040 dozen 
 
 Shooes 300 dozen 
 
 Candles 100 dozen 
 
 Canvis 2000 ells 
 
 Tregers 400 ells 
 
 Lockrum 2500 ells 
 
 Nayles 0200 m. 
 
 Howes and Axes . . . . 40 doz 
 Course Broad-Cloth . . 10 peeces 
 
 Course Carseyes . . . . 020 peeces 
 Irish Stockins . . . . 150 doz. 
 
 20 oeoes 
 06 Hogsh. 
 
 Salt 12 hogsh. 
 
 06 hogsh. 
 20 dozen 
 04 Tonns 
 15 peeces 
 03 Tonns 
 150 Cases 
 03 Tonns 
 
 Meal 
 
 Monmouth Capps 
 
 Wine 
 
 Perpetuanies 
 
 Sack 
 
 Strongwaters 
 
 Viniger 
 
 Oyle OSBarrells 
 
 Hard Soape 
 Sema Reasons . . 
 Course frise 
 Haberdashery Weares 
 of all sorts . . 
 
 25001bs. 
 2000 pound 
 0020 peeces 
 
 50 pound. 
 
 [A similar pass is granted for the Friendship of London, 
 bound for the Somers Islands with — ] 
 
 Salt 12 hogsh. 
 
 Monmouth Caps . . 20 doz 
 
 Wine 04 Tonna 
 
 Perpetuanes . . . . 12 peeces 
 
 Strong Waters . . . . 30 Cases 
 
 Aqua vitae 02 Tonus 
 
 Oyle 01 hogsh 
 
 Hard Soape . . . . 2300 pound. 
 
 Haberdasheries' wares 
 
 of all sorts . . . . 40 pound. 
 
 [p. 199. f 1.] 
 [C.S.P. I. pp. 322-3.] 
 [482.] Whitehall, 15 December : 
 
 West Indies. A Passe for CoUonel ffrancis Trafford to go to the parts of 
 America and the West Indies and to take with him his 
 
 30 
 
 Servants shutes Course . . 300 
 
 Shirts 20 doz 
 
 Shooes 100 doz 
 
 Canvis 2000 ells 
 
 Lockrum 2000 ells 
 
 Tregers 1000 ells 
 
 Nayles 200 m 
 
 Howes and Axes . . . . 010 doz 
 Irish Stockins . . . . 050 doz 
 Cotton 020 peeces 
 
1641-60.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 295 
 
 servants with his Truncks of Apparell and other Necessaries, 
 
 with the Proviso not to go to Rome and the Usuall Clause to 
 
 the Searchers. [p. 202. ^3.] 
 
 [C.S.P. I. p. 323.] 
 [483.] Whitehall, 29 December : 
 
 [A warrant for the Samson and the Discovery of London West indies, 
 to go to the Caribbee Islands on the account of Edward 
 and Maurice Thomson and Edward Snelling, merchants and 
 adventurers to his Majesty's plantations in America, the 
 lading including for the use, service, and defence of the plan- 
 tation, the following prohibited commodities, viz. — 500 dozen 
 shoes, 200 swords and 200 muskets.] [p. 205. *f 1.] 
 
 CHARLES II. VOL. I. (3 May 1649-28 Sep. 1660). 
 
 [484.] Whitehall, 4 July, 1660 : 
 Upon a petition presented to his Majestic by divers Merchants Committee 
 
 for 
 
 and others, interessed in, and Tradinge to the English Plan- Plantations. 
 
 tations in America, exposinge the good behauiour and great 
 
 Meritt of Colonell James Russell (late Gouernor of the Island 
 
 of Nevis in the West Indies) : And humbly beseechinge his 
 
 Majestie to graunt his Comission for contynuance of him 
 
 the said Colonell Russell ia the Gouernment of the said 
 
 Island ; His Majestie this day sittinge in CouncUl hath 
 
 appointed the Lord Chamberlin, the Earle of Southampton, 
 
 the Earle of Leicester, the Lord Viscount Say and Scale, the 
 
 Lord Roberts, Mr. DenziU Holies, Mr. Secretary Nicholas 
 
 Mr. vSecretary Morice, Mr. Arthur Annesley, and Sir Anthony 
 
 Ashley Cooper or any three or more of them, to meet and 
 
 sitt as a Committee euery Munday and Thursday at Three 
 
 of the Clock in the afternoone, to receive, heare, examine, and 
 
 deliberate upon any Petitions, propositions, Memorialls, or 
 
 other Addresses which shalbee presented or brought in by any 
 
 person or persons concerninge the Plantations, as well in the 
 
 Continent as Islands of America : And from tyme to tyme 
 
 make their Report to this Bord of their proceedJnges. 
 
 [p. 63. IT 1.] 
 [C.S.P. I. p. 483.] 
 
296 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 
 
 [485.] Whitehall, 16 July : 
 West Indies. Seuerall of the Lords then sitting as a Comittee, touching 
 the Plantations of the Islands and Continent of America, And 
 having heard the Lord WiUoughby of Parham, who derives his 
 Title from the Earle of CarUsle for the Gouernment of the 
 Province of Carliola, wherein those Islands are contayned, 
 As also touching his Lordships pretence to a Grant of part of 
 Guiana, wherein Saranam, a Plantation of his Lordships, is 
 comprehended, Upon the one part, and upon the other part, 
 having heard seuerall Merchants Planters in the Barbadoes 
 against the deriuatiue Authority and desires of the said Lord 
 WiUoughby, both touching the Gouerment of those Islands, 
 and the Grant of part of Guiana, [the Committee are 
 directed to hear both parties on the 26th, and report to 
 the Council]. [p. 82. ][ 2.] 
 
 [C.S.P. I. pp. 483-4.] 
 
 [486.] Whitehall, 26 July : 
 
 Kidnapping. To the Cheife Officers of his Majestys Customes in the Port 
 of London, and to all Searchers and other Officers and 
 Ministers in the said Porte or at Graues-End or elswhere 
 whom it may concerne. Whereas an Information hath been 
 this day giuen at this Board, That diuerse Children from their 
 Parents, and Seruants from their Masters, are dayUe inticed 
 away, taken upp, and kept from their said Parents and Masters 
 against their Wills, by Merchants, Planters, Commanders of 
 Shipps, and Seamen trading to Virginia, Barbado's, Charibee 
 Islands and other parts of the West Indies, and their Factors 
 and Agents, and shipped away to make Sale and Merchandize 
 of, And if it happen any such bee found and discouered on 
 board of any Shipp or Vessell outward bound, and the said 
 Parents, Masters or other freinds of such Children or Seruants 
 demaund or require them of the said Merchants, Planters, 
 Commanders of Shipps or Seamen, Yet they will not lett them 
 goe, or sett them free, unlesse they have such Composition 
 for releasing them, as they shall rest satisfyed with ; A thinge 
 so barbarous and inhumane, that Nature itself, much more 
 
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 297 
 
 Christians, cannot but abhorre. And whereas this Board 
 
 was Informed, That, at this tyme, there is a Shipp, called 
 
 the Seuen Brothers, lately fallen downe towards Graues-End, 
 
 and two other Shipps in the Riuer of Thames in good f orward- 
 
 nesse to follow after in which there are sundry such Children 
 
 and Seruants of seuerall Parents and Masters, so deceived and 
 
 inticed away Cryinge and Mourninge for Redemption from 
 
 their Slauery. [The searchers and other officers at Gravesend 
 
 and in the Thames are to board these vessels and examine 
 
 the truth of the complaint, discharging any persons found 
 
 forcibly detained and in case of resistance placing the ship 
 
 under arrest and bringing the Masters before the Council. If 
 
 the Seven Brothers have left Gravesend, it is to be stopped in 
 
 the Downs and similar measures taken there.] 
 
 IfPV- 92-93.] 
 [487.] WhitehaU, 26 July: 
 
 A letter to the Earl of Carlisle. [The Committee of Plan- West indies. 
 tations] have this day heard a long debate between the Lord 
 Willoughby of Parham and the Planters of Carhola, Wherein 
 your Lordshipps Interest, aswell as the pretensions of others 
 persons, seemes to bee much concerned. And because wee 
 cannot make any cleare or satisfactory Report to his Majestie 
 or CounciU untill we haue had further Inspection into the 
 Grounds of the severall pretenders. Our desire is. That your 
 Lordshipp bee Pleased to send unto Us eyther the Originalls 
 or authentique Coppies of those seuerall Concessions and 
 Grants, which the late Earle (your Father) or your Lordshipp 
 haue had from the Crowne, those to bee heere ready to bee 
 produced at our meetinge appointed on Thursday the second 
 of August next. [p. 94. ^1.] 
 
 [488.] Whitehall : 17 August : 
 
 FA letter to the Lord Mayor and Aldermen of London.] Committee 
 
 of Trade 
 
 The Turkye, the Merchant Aduenturers, the East-India, 
 Greenland and East-Land Companys and likewise the iucor- 
 porated Traders for Spain, France, Portugall, Italy, and the 
 Weft-India Plantations [are to be desired] to present unto 
 
298 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 
 
 Jamaica. 
 
 Navigation 
 
 Act. 
 
 his Majestie, the Names of fowre of their most knowing actiue 
 Men (of whom, when his Majestie shall haue chosen two, and 
 unto this Number of Merchants added some other able and 
 well experienced persons, dignifyed also with the presence 
 and assistance of some of his Majesties Privy CouncUl) All 
 these to bee by his Majestie appointed, constituted, and 
 authorised, by Comission under the Great Scale, a^ a Standinge- 
 Comittee, to inquire into, and certify all thinges tending to 
 the Advancement of Trade and Commerce ; That so by their 
 prudent and faithfull Councill and Advice, his Majestie may 
 (now in this conjuncture, whil'st most Foraigne Princes and 
 Potentates doe, upon his Majesties most happy estabhshment 
 upon his Throne, seeke to renew their former AUyances with 
 this Crowne) insert into the seuerall Treatyes, such Articles 
 and Clauses as may render this Nation more prosperous and 
 flourishing in Trade and Comerce. Thus by Prudence, Care, 
 and Tndustr}^ improuinge those great Advantages to the 
 highest point of Felicity, which by its admirable situation, 
 Nature seemes to have indulged to this his Majesties King- 
 dome. 
 
 Signed : Edw. Hyde, chancellor : Albemarle : Ed. Manchester : 
 Tho. Southampton : Wm. Say and Scale : Jo. Roberts : 
 Arthur Annesley : Wm. Morice. [p. 131. If 2.] 
 
 [489.] WhitehaU : 5 September : 
 
 Ordered by his Majestie in Councell that the Committee 
 for the American Plantations doe informe thimselves of the 
 state of the Island of Jamaica, and to that end to send for any 
 persons that have beene imployed unto, or have traded thither, 
 and perticularly to send for Mr. Thurloe to receive such 
 Information as hee can give them of the state of that Island 
 in all respects, and accordingly to make theu- Report unto 
 his Majestie. [-^^ ^54 ^ 2.] 
 
 [490.] Whitehall : 9th September : 
 
 This day Mr. Attorney Generall attended the Board, 
 and with him Mr. Browne Clerke of the ParUament, who 
 
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 299 
 
 brought with him 13 Acts that have passed both Houses of 
 Parhament, which were read, and passed his Majesties appro- 
 bation in manner following. — 1. An Act for Encourageing and 
 increaseing Shipping, and Navigation. 
 
 [pp. 157-8.] 
 
 CHARLES II. VOLUME 11. 
 
 [491.] Whitehall, 17 October: 
 
 It was also Ordered, That the Duke of Albemarle (Lord Jamaica. 
 Generall) Mr Secretory Nicholas Mr. Secretary Morice and 
 Mr Arthur Annesley, bee a Comittee to consider of the 
 Businesse of Jamaica, and to put in Execution the Order 
 of this Board of the fift of September last And forthwith to 
 prepare a Coinission for Edward Doylie to bee Gouernor of 
 the said Island untill further Order, This to be dorm with 
 convenient Speed. [p. 8 ^ 3.] 
 
 [On 5 December the Duke of York, the Earl of Sandwich, 
 Mr. Denyil HoUes, and Mr. Vice-Chamberlain are added to 
 the Committee, which is directed to meet on the next day. 
 [p. 63.] On 1 February 1661, all business relating to 
 Algiers and Tunis are referred to this Committee, as well as 
 a paper from the Dutch Ambassador asking for the assistance 
 of some men of war from his Majesty, [p. 119.] On 7 Aug. 
 1661, the Duke of Albemarle is added to the Committee. 
 [p. 318.] On 14 Aug. the Earl of Manchester, Lord 
 Chamberlain to his Majesty, is added, [p. 337.] 
 
 [492.] Whitehall, 24 October : 
 
 [A Letter to the Master of the Ordnance in accordance Jamaica, 
 with an Order of the 1 9th on the report of the Committee for 
 Jamaica] : These are to pray and require you forthwith to deliuer 
 or cause to bee deliuered out of his Majesties Stoars vnder your 
 Commaund vnto Captain WiUiam Whiting Commaunder of 
 the Diamond Frigot these particuler provisions of Amunition, 
 
MiHsioiis. 
 
 Jamaica, 
 
 300 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 
 
 Cloaths, and other Necessaryes for Supply of the Stoars for 
 defence of that Island Vizt 
 
 Barrella of Powder . . . . 500 
 
 Suits of Fustian 
 
 1000 
 
 Barrells of Musket-shott . . 500 
 
 Shirts 
 
 . 2000 
 
 Match A double Proportion . . 
 
 Shooes pairs . . 
 
 1000 
 
 Pikes 1000 
 
 Footmens pumps 
 
 1000 
 
 Flint-stones . . . . two hhds. 
 
 Lynnen Stockings 
 
 2000 pair 
 
 [A letter to the Lord High Admiral in accordance with 
 the same Order, desiring him to give] speedy and effectuall 
 Warrant to the Victualler of his Majestys Nauy to prouide 
 forthwith fifty thousand weightt of good Bisquit for Stoars 
 for the Souldiers in the said Island, And the same to 
 deliuer or cause to bee deHuered to Captain WiUiam 
 Whiting Commaunder of the Diamond Frigot, Which the 
 Gouernour of the said Island is to take care to cause to bee 
 supplyed with Indian Corne, as it shaU bee spent. 
 
 [p. 16. Tin 1 & 2.] 
 
 [493.] Whitehall, 14 November : 
 
 Vpon reading . the Petition of Divers of his Majesties 
 Subjects Ministers and others for propagateing the Gospell 
 among the miserable Heathens in America setting forth the 
 hopefuU proceedings of that worke amongst the said Heathen 
 and humbly pra3dng that the Corporation mentioned in their 
 petition might be continued and the lands sett forth for main- 
 tenance thereof Secured [the Attorney General is directed to 
 prepare a draft for renewing the said charter, and to report]. 
 
 [p. 33. 11 3.] 
 
 [494.] Ibid. 
 
 [Letters to the Officers of the Navy and Ordnance respec- 
 tively : — The Diamond frigate in which stores were to have 
 been conveyed to Jamaica being reported unfit for the voyage, 
 such other ship or vessel as the Duke of York shaU appoint 
 is to be employed]. [p. 33. last %] 
 
 Jauiaica. 
 
 [495.] Whitehall, 21 November : 
 
 [In making provision for the garrison of Dunkirk, order 
 
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 301 
 
 is given for the further payment to the Lieutenant of the 
 Ordnance of 11651. 6s. 8d. for ammunition for Jamaica.] 
 
 [p. 40. last %] 
 
 [496.] Whitehall, 28 November : 
 
 [A Privy Seal is to be prepared for his Majesty's signature Jamaica. 
 for issuing to a nominee of the Duke of York fifty pounds] 
 for buying of Seacoale for the Supply of his Majesties Forces 
 in the Island of Jamaica. [p. 49. last %.] 
 
 [497.] Ibid. 
 
 [The Committee for Jamaica are ordered to] meet on Friday Jamaica. 
 morning next at nine of the Clocke to take care of the speedy 
 prepareing and sending away such Provisions and Ammu- 
 nition as are already appointed to be sent to the said Island 
 and [to] give order for the speedy Dispatch of all such Com- 
 missions Instructions and Letters as are necessary to be 
 transmitted thither [and to consider, and report upon] the 
 humble Petition of Captain Thomas Linch and Capt. Epinetus 
 Crosse. [p. 50. 1j l.J 
 
 [C.S.P. I. p. 491.] 
 
 [498.] Whitehall, 29 November : 
 
 [The petition of the Earl of Kinnoull] concerning his Pretence Caiibbee 
 of Interest to the Caribee Islands by deed from^ the late Earle 
 of Carlisle [is referred to the Attorney General for examination.] 
 
 [p. 51. t 3.] 
 
 [499.] Whitehall, 30 November : 
 
 [Captains Lynch and Crosse of the forces in Jamaica Jamaica 
 returning from furlough are to have free passage in the frigates 
 Rosebush and Diamond with four servants and a ton of 
 goods for each. They are entrusted with the transport of 
 the ammunition and provisions being sent to Jamaica ; and 
 orders are issued to the Master of the Ordnance and the 
 Victualler of the Navy to deliver the stores to the captains 
 and pursers of the frigates named.] {pp. 54-6.] 
 
Jamaica. 
 
 302 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 
 
 [On 28 December free passage on these ships is allowed to 
 Colonel Samuel Barry with seven servants and four tons of 
 goods and on 4 January 1661 "upon his Majesty's allowance 
 of provisions by the way ' ' to Clemence Hillyard and 
 Martha Winter (with their families not exceeding five in 
 number) going to rejoin their husbands in Jamaica.] 
 
 [pp. 83 and 91.] 
 
 [500.] Whitehall, 30 November : 
 
 [The draft of a Commission for the Governor of Jamaica 
 is referred to the Jamaica Committee for consideration and 
 report.] [p. 57. H 2.] 
 
 [501.] Whitehall, 6 December : 
 
 Jamaica. La Response des Seigneurs du Conseil Priue du Roy 
 
 a son Excellence I'Ambassadeur d'Espagne sur ce 
 qu'il a propose au Roy. 
 Le Roy notre Seigneur nous ayant communique le Cayer 
 que votre Excellence luy a presente ou vous luy demandez 
 que suiuant les articles . . de la Paix faite avec 
 I'Espagne en Pan 1630, et I'ordre qui sa Majeste a donne dans 
 sa Proclamation date du 10-20 de Septembre 1660 de restituer 
 tout ce que ses sujets ont pris ou vsurpe appartenant au Roy 
 d'Espagne pendant leur rebellion, il luy plaise faire restitution 
 de la Jamajque et de Dunquerque. A quoy nous respondons 
 que le Roy notre Seigneur nous a tesmoigne auoir en son 
 intention vn desir forme de s'aquitter religieusement de tout 
 a quoy U peut estre oblige enuers les Roys et Estats ses voysins 
 & bons amis soit par aucun Traitte ou par honneur, et en 
 bonne conscience, et particuherement qu'il a fort a coeur 
 d'entretenir vne bonne correspondence et amitie auec le Roy 
 d'Espagne son bon frere et aUie . Aussi ne 
 
 trouue il pas, que par le dit Traitte de 1630, ou par cet Ordre 
 de quoy vous faites mention qui ne regarde que la restitution 
 de choses prises depuis son arriuee en Angle terre, il soit obUge 
 de rendre ces deux places de la Jamajque et Dunquerque, 
 
1660-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 303 
 
 Qui est tout ce que nous avons a dire a vostre Excellence sur 
 ce suiet en response de vostre escrit. [An English trans- 
 lation foUows.J [p. 66.] 
 
 [502.] WhitehaU, 7 December : 
 
 [A letter to the Master of the Ordnance. In accordance Jamaica, 
 
 with a report of the Jamaica Committee the following 
 
 stores are to be deUvered to Capt. Whiting of the Diamond 
 
 instead of those ordered on 24 October.] 
 
 200 Barrells of Powder 1000 suits of ffustian 
 
 500 Barrells of Muskett shott 2000 Shirts 
 
 2 Tunns of Match 1000 Paire of Shooes 
 
 1000 Pikes 1000 Paire of ffootmens Pumps 
 
 4 Hoggsheads of fflints 2000 Paire of Linnen Stockings 
 
 6 Hoggsheads of Brimstone 
 
 [A letter to the Duke of York foUows, desiring him to send 
 a warrant to the Victualler of the Navy to put on board the 
 Diamond and the Rosebush victuals sufficient to supply the 
 two ships now at Jamaica for their voyage home.] 
 
 - [p. 67. last 1|.] 
 
 [503.] Whitehall, 21 December : 
 
 An Act for Prohibiting the Planting, setting, or sowing Tobacco. 
 of Tobacco in England and Ireland [was read in Council].* 
 
 [p. 76. H 3.] 
 
 [504.] Whitehall, 13 February : 
 
 Vpon reading a Narratiue from the Officers and Commis- Act of 
 sioners of his Majestys Customs setting forth, That some 
 Merchants trading for New England, finde themselues much 
 greiued in respect of the strictnesse of the Act for Nauigation 
 . And the Commodityes of that Countrey, being 
 generally Cloue-Boards, Pipe-staues and other Tymber, Fish, 
 and such other Gruff-Comodityes do better vend in other 
 parts then heere in England ; and, by proceed thereof, Comodit- 
 
 * On 28 February 1661 on the petition of sundry merchants and planters 
 of tobacco in foreign parts, an Order was issued for the Attorney General to / 
 draw up a proclamation ordering this Act to be put in execution. On 
 20 March 1661 the draft of the proclamation was read and approved. 
 
304 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 yes of greater Value from Spain and other parts haue been 
 vsuaUy imported into England, and his Majestie thereby 
 much advantaged in his Revenew ; Vpon due consideration 
 whereof, and at the humble suit of some Merchants, now 
 outward bound, vpon that Trade, the Lord high Treasurer 
 [is ordered to] giue power and authority to the Officers 
 and Commissioners of his Majestys Custom es in this 
 Port of London, That they take Bond of the Merchants 
 tradinge to those parts, onely to returne the Proceed of those 
 Comodityes that they shaU there lade, and not binde them 
 vp to returne the Comodityes in Specie ; the said Clause in 
 the said Act of Nauigation notwithstanding. [He is further 
 desired to write to the Governor of that plantation, giving 
 him the same liberty to take the like bond there.] 
 
 [p. 126. Tl 1.] 
 [C.S.P. II. 30.] 
 [505.] WhitehaU, 13 February : 
 
 Barbados. Vpon reading the Petition of William Maskalyn, and Edward 
 
 Cowse of London Merchants Ordered That the same bee 
 recommended to Mr. Secretary Nicholas to prepare Letters 
 from his Majestic to Sir Henry Benet Resident at Madrid to 
 demaund right for damage sustayned by seisinge fifty Negroes 
 at Teneriffe, by them brought thither, taken from them and 
 sould for the King of Spains vse, by the Judge of the Con- 
 trabando ; Vpon pretence only That the Shipp called the 
 Welfare of London came from the Barbadoes, which they 
 affirmed was in the Kinge of Spains Dominions, to 30001. 
 Damage; This donn about December 1660. [p. 126. H 2.] 
 
 [506.] WhitehaU, 20 February : 
 Barbados It is also this Day Ordered (his Majestie present in CouTicill) 
 
 l^iandT ^^ *^^t tlie Rt. honble. Wm. Earle of Kinnoule, Francis Lord 
 Willoughby of Parham, Mr. Thomas Kendall, Merchant (on 
 behalfe of Mr. Courteene And all other Persons who pretend 
 any Interest, Right or title in or to the Barbado's and other 
 the Carybee Islands in America, do forthwith deliver to bis 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 305 
 
 Majesties Attorney-Generall their severall and respective 
 Proprietyes, by him to be considered of ; And [attend the 
 Board with their counsel on 1 March, when further Order 
 will be given]. [p. 137. T] 2.] 
 
 [C.S.P. II. 36.] 
 
 [507.] Whitehall, 1 March : 
 
 It is this day Ordered by the Board his Majestie sitting in Caribbee 
 Councell That aU Persons whatsoever who pretend any Right 
 title or Interest in or to any of the Islands of the Caribees or 
 any other Island in the Atlantique Sea or to any Part thereof 
 by and through any Concession or Grant derived from his 
 late Majesties Letters Pattents to the Earle of Carhsle shall 
 or may attend Mr Generall to whome they are to declare 
 their severall Pretences to the End hee may Report his Opinion 
 thereof to the Board concerning his Majesties agreeing with 
 the said parties for their Respective Interests or for trying the 
 Validity of the said Letters Patents at Law. [p. 149. ^ 3.j 
 
 [508.] Whitehall, 8 March : 
 
 Upon reading the humble Petition of Charles St. Stephen, Nova Scotia. 
 Lord de la Tour, Barronet of Nova Scotia Thomas Temple and 
 William Crowne Esqrs. concerning their Right in Nova Scotia 
 It is . . referred to the Committee of this Board 
 formerly appointed to consider of some matters in Relation 
 to the said Island of Nova Scotia and the said Committee 
 are to meet on Tuesday next. [p. 164. ^ 1.] 
 
 [C.S.P. II. 44.] 
 
 [509.] WhitehaU, 28 March : 
 
 Upon reading a letter this day at the Board from ColoneU Barbados 
 Thomas Modiford directed to his Grace the Duke of 
 Albemarle and dated at the Barbado's the 25th of January 
 1660. Declareing his ready Complyance with his Majesties 
 warrant of the 23th of June last for resigneing the Govern 
 ment of that Island to ColoneU Walrond, appoynted by the 
 Lord WiUoughby of Parham President there, Since when 
 
 20 
 
306 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 severall Articles of pretended high-Treason hath been exhibited 
 against him the said Modiford in that Island upon which two 
 hearings haue been had before the Councill there, but the 
 Articles not being fully proued, his prosecutitrs doe now 
 insist Cheifly On his putting in Execution a Comission sent 
 unto him by the said Duke, Upon Conideration thereof it 
 is Ordered (His Majesty sitting in Councill) That Sir WiUiam 
 Morris Knight his Majesties Principall Secretary of State, doe 
 speedily prepare a Letter for his Majesties Signature, thereby 
 signifying his Majesties expresse pleasure to the President 
 Councill and Inhabitants of the said Island, That the said 
 Colonell Thomas Modyford bee not disturbed, or further prose- 
 cuted, for any thing he hath formerly acted, but that hee 
 be permitted to enioy the full benefitt of his Majesties Gratious 
 act of ObKuion, As also declareing unto them, that the 
 proprietors-ship of the said Island is invested in his Majestie 
 And that they are to take notice thereof. [p. 184. f 3.] 
 
 [510.] Whitehall, 10 April : 
 Missions. [Qn consideration of the Attorney General's report on the 
 
 reference of 14 November 1660 and of his draft of a charter 
 for the Corporation for Propagating the Gospel in New 
 England] It is Ordered That the said Corporation may, by the 
 said Charter, haue power to purchase two thousand pounds 
 per annum, and may haue Liberty to transport yearlie one 
 thousand pounds in Bullyon, or forraine money, making 
 Entry from time to time of what shalbee so transported in 
 the Port of London in the Custome house there ; And the 
 Lord Viscount Valentia is to consider of, and examine the 
 List of Names of the Members, whereof the said Corporation 
 is to consist ; and to offer the same to the Board ; And, 
 according to this direction, Mr. Attorney is to fiU up the 
 Blancks, and perfect the said Draught of a Charter, And also 
 to add thereunto a Clause, That all Lands, tenements and 
 hereditaments, heretofore giuen or bought to the Vse or Vses 
 in this Charter mentioned, shall, from henceforth, be Vested 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 307 
 
 in the said Corporation and their Successors, with power to 
 sue for, and recouer the same, or any Arrears thereof due. J j 
 
 [p. 201. H 3.] 
 [C.S.P. II. 67.] 
 [511.] WhitehaU, 29 April: 
 
 [In pursuance of a report of the Committee of 15 April,] Jamaica. 
 It is Ordered by his Majestie, That the Two thousand pounds 
 designed to his Majestys Island of Jamaica, for perfecting 
 the Fort of Cagway, and the Platforme vpon the adjacent 
 Island, and now to bee sent vpon the Shipp Charity, be layed 
 out, as foUoweth. Vizt 
 
 In Stilles and Wormes . . . . 3001. In Bisquit, Meale and Oat- 
 
 In Carpenters, Smithes, Masons ) meale 50^." 
 
 and Planters Tooles - ■ I In Panns, graters, and Bak- 
 
 In Iron and Iron potts . . 140 ing-jrons 60 
 
 In Steele 10 In Nayles of all sorts . . 100 
 
 In Sea coale 20 In shirts, shoes, capps, and 
 
 In Oyle Oliue 80 Drawers 450 
 
 In Seines and Fishing tooles 50 
 
 In Lynnen 250 
 
 In Serges and Tryminge . . 100 
 
 And that the 90 L Ouerplus be for contingent Charges ; Of 
 which, if anythinge remaynes, It is to be disposed of to his 
 Majesties best Advantage by the Gentlemen that are imployed 
 to take care of the Particulers : [The goods are to be provided 
 with aU expedition by the Commissioners of the Navy, 
 this being recommended by the Duke of York as the 
 speediest way of dispatch : and the proceeds are to be spent 
 only on the forts and places aforesaid]. And Sir James Deax, 
 Mr. NoweU, Mr. Howe and Mr. Kendall, or any two of them 
 [are] to advise with [the Commissioners of the Navy], and 
 assist them in the Inspection of the Goodnesse and 
 Quahty of the Goods to be prouided, as aforesaid ; and to 
 take care, that his Majestys Tonnage, reserved vpon the Shipp 
 Charity aforesaid, bee filled up for the best advantage of 
 his Majestie. 
 
 [Directions foUow to] the Clerk of the Signet now attending, 
 [to] prepare a Bill for his Majesties Signe Manuall to passe 
 
308 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 a Priuy Scale for payment of the said Two thousand pounds, 
 vpon Accompt, to the Treasurer of his Majesties Nauy, out 
 of his Majesties Treasure of his Exchequer, for the Service 
 aforesaid. [p. 208. last %] 
 
 J amaica. 
 
 New 
 England. 
 
 New 
 England. 
 
 [512.] Whitehall, 15 May : 
 
 [Captain Wilhara Poole of his Majesty's ship the Great 
 Charity bound for Jamaica is to] have free leave and licence 
 to authorise his assignes by the sound and beating of Drummes 
 within the Cityes of London and Westminster and the 
 Suburbs thereof pubUquely to invite any person or persons to 
 transport themselves in his said Shipp unto the said Island, 
 And for his so doeing this to be his sufficient Warrant. 
 
 [p. 215. U 2.] 
 
 [513.] Whitehall, 17 May : 
 
 It was then Ordered by his Majestie in Councell, That the 
 Lord Chancellor, the Lord Treasurer, the Lord Privy Scale, 
 the Duke of Albemarle, the Duke of Ormond, the Lora Cham- 
 berlaine, the Earle of Anglesey, Lora Viscount Say and Scale, 
 Lord HoUes, Lord Cornwalleis, Sir Edwara Nicholas and 
 Sir William Morice Knights Principall Secretaryes of State 
 should be a Committee touching the setlement of the Govern- 
 ment of New England, and to that end that they or any 4 
 or more of them should flfirst meete at Worcester-house upon 
 Tewesday next at 3 in the afternoone then to consider o* 
 drawing up and framing such Letters, Proclamations, or 
 Orders as they shall judge fitt to offer to his Majestie to signe 
 or publish m referrence to the setlement of the Government 
 of that Plantation ; And afterwards the said Committee to 
 meete at such time and place as they shall from time to time 
 appoint untill they have perfected that Affaire. 
 
 [pp. 216-7] 
 [C.S.P. II. 88.] 
 
 [514.] Ibid. 
 
 Whereas Mr. Attorney Generall had formerly directions to 
 prepare a Charter of Corporation for New-England and to 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 309 
 
 insert therein such names as hee should receive Order for ; 
 [he is ordered to prepare the said Charter and to insert 
 therein the following names] 
 
 To be Added 
 Lord Chancellor 
 Lord Treasurer 
 Lord Privy Seale 
 Duke of Albemarle 
 Lord Steward 
 Lord Chamberlaine 
 Earle of Anglesey 
 Lord Viscount Say and Seale 
 
 Members of the Corporation of 
 New-England now in being. 
 
 Alderman Francis Warner 
 
 Erasmus Smith Esqr 
 
 Henry Ashurst Treasurer 
 
 Richard Hutchinson 
 
 Josuah Woolnough 
 
 George Clarke 
 
 Thomas Speed 
 
 Thomas Bell 
 
 John Rolfe Gentleman 
 
 Robert Boyle Esqr 
 Sir William Thompson 
 Sir William Bateman 
 Sir Anthony Bateman 
 Sir Theophilus Bydolph 1 
 Sir Lawrence Bromfield / 
 Alderman Tempest Milner 
 Alderman William Love 
 Aldermian William PeaUe 
 Thomas Foley Esqr 
 Dr. Thomas Cox 
 Dr. John Micklethwaite 
 Dr. — Trench 
 Dr. Charles Doyly 
 
 Names of new Members. 
 
 Deputy Thomas Staynes 
 
 Deputy John Juryan 
 
 Deputy William Antrobus 
 ~ Knights John Bathurst 
 I Harman Sheafe 
 
 ' Thomas Gillibrand 
 
 James Hayes 
 
 John Benbow 
 
 Lawrence Brinsley 
 
 Barnabas Meares 
 
 John Acrod 
 
 John Dockett Gentleman 
 
 Edward Biscowen Merchant 
 
 Martin Noell Gentleman 
 
 [p. 217. H 2.] 
 [C.S.P. TI. 88.] 
 
 [515.] Whitehall, 22 May: 
 
 [Sir George Carteret, Vice-Chamberlain 
 
 Addition to 
 Committees. 
 
 of his Majesty's 
 Household, is added to the Committee for Foreign Plantations 
 and to the Committee for the afEairs of New England.] 
 
 [p. 222. II 2.1 
 
 [516.] Whitehall, 5 June : 
 
 [The Commissioners for Foreign Plantations are desired Jamaica, 
 forthwith to take into their serious consideration the affairs 
 of the Island of Jamaica : and to report to the Committee 
 of Council for Foreign Plantations, who shall draw up some 
 model of Instructions for the newly-appointed Governor, 
 
310 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 Transporta- 
 tion of 
 Criminals. 
 
 Jamaica 
 
 Lord Windsor, who is now added to the Commission for 
 Foreign Plantations. Bills granting him the office and allow- 
 ing him a salary of 2,000Z. per annum are to be prepared for 
 his Majesty's signature.] [p. 235. 1| and 12.] 
 
 [517.] Whitehall, 19 June : 
 
 This day seuerall Lists of the Names of Prisoners remayning 
 in the Prisons of Newgate, White Lyon in South-warke, Gate 
 house at Westminster, New Bridewell (otherwise called the 
 house of Correction) at St James Clerkenwell, Bridewell in 
 London, House of Correction at Westminster in Tuttlefeilds, 
 and the Prison of the Marshalsey, being presented to this 
 Board, together with the humble petition of Jeremy Boimell, 
 Edward Bernerd and Company of London Merchants Shewing, 
 That whereas his Majestic hath been graciously pleased to 
 lauour them with his Shipp the Great Charity for the better 
 setling the Island of Jamaica, and to that purpose haue putt 
 themselues in good forwardnesse to proceed in their Voyage 
 for Advance of that Plantation. And hauing notice of many 
 convicted persons, and others of loose and idle Conversation 
 who remayn in the said Prisons, which being transported 
 thither, might do his Majestic good Service, And prayed his 
 Majestie to graunt Warrant to the Lord Maior of London for 
 dehuery of the said convicted persons into the petitioners 
 possession to bee transported to the Island aforesaid : [the 
 petition and Hsts] are Referred to the Lord Cheife Justice 
 of the Kings Bench and to the Recorder of the Citty of 
 London, to consider which and how many of the said 
 Prisoners are fitt to bee sent to Jamaica ; and to giue Warrant 
 . . for dehuery of them to the said Merchants . . in 
 such manner as his Lordshipp and Mr. Recorder shall conceive 
 best and safest for the more certain putting them on Ship 
 board, and acquitting this Nation from them. [p. 255. If 2.] 
 
 [518.] Ibid. 
 
 [Proposals of the Council of Trade concerning Jamaica are 
 referred to the Committee of Plantations for consideratioD 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 311 
 
 when the Lord Treasurer shall be present,] And Thursday 
 come sevenight appointed purposely. [p. 256. ^ 2.] 
 
 [519.] Whitehall, 26 June : 
 
 Vpon the Petition of Rowland SearchfeUd Merchant, this New 
 day read at this Board, Shewing that the Ambassador from '^^^"' ' 
 Portugall in July 1655, contracted with Edward Winslow 
 for a Shipp and Goods seised by the then King of Portugall 
 to giue the Summe of fifive hundred twenty three pounds fine 
 philUngs six pence in satisfaction thereof ; and in pursuance 
 thereof drew a BiU of Exchange for the aforesaid value on the 
 cheife Treasurer of Portugall payable to the said Winslowe ; 
 And although many Addresses haue been made for obtayning 
 satisfaction, yet all haue proued ineffectuall ; That the peti- 
 tioner, by letters of Attorney from the Executors of the said 
 Edward Winslow, is fuUy impowered for Recouery of the said 
 money for the Use of the Proprietors resident in New England, 
 [On the petitioner satisfying one of the Secretaries of State 
 of the truth of his allegations, his case is to be recommended 
 to the Portuguese Ambassador]. [p. 271. ^1.] 
 
 [520.] Ibid. 
 
 A 
 
 Upon the humble petition of Morgan O Bryen and others st. 
 Planters and Inhabitants of the Island called St. Christofers "^ ^ 
 in America, showing. That they were Planters in that Island 
 long before the Rebellion in Ireland, and were loyall Subjects 
 to his Majestic ; that they were dispossest of their Estates 
 Goods and Fortunes by Clement Everatt (the Apostate 
 Gouernor) who banished them to an un-in-habitable place (called 
 Crabs Island) being in number 104 persons ; And all (except 
 12) perished at Sea, or dyed so soone as they came to Land ; 
 150 Familyes of Planters more fledd to the French Colonyes, 
 where they have hved in great misery and want ; The survivors 
 and the widowes and Children of the deceased, pray an Order 
 for restitution of their Estates. It is Ordered, That the 
 Petition and their sad condition be recomended to the Lord 
 
312 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 Willoughby of Parham to examine the truth of their allegations, 
 and if his Lordship bee satisfyed therein, That then hee direct 
 the Governour of St. Christofers to putt the Petitioners into 
 possession of their Goods and Estates, So farr forth as the 
 Act of obhuion will admitt the doing thereof. [p. 271. ^ 2.] 
 
 Quakers in 
 
 New 
 England. 
 
 Jamaica. 
 
 [521.] Whitehall, 28 June : 
 
 [The Council for Foreign Plantations report on] a Paper 
 delivered to his Majestie by sundry Persons (called Quakers) 
 intituled a Representation of the Sufferings of their Freiads 
 in New England, and their Request and desire ; [the matter 
 is referred to the Committee for New England for their 
 opinion]. [p. 281. last \] 
 
 [522.] WhitehaU, 3 July : 
 
 [Upon reading a report from the Council for Foreign 
 Plantations recommending] that every person who shall 
 haue Land allotted unto him upon Jamaica shall haue 
 the same by Grant from his Majestie Rent free and 
 without payment for the Space of seven yeares But after 
 the said seven yeares expired shall pay unto his Majestie 
 five per Cent, for all native Goods whatsoever exported and 
 in case any shall faile to pay the said five per cent, or Defraud 
 his Majestie of the same or of any part thereof That hee or 
 they so faihng or defrauding his Majestie shall forfeit twenty 
 times so much in Value of the same Commodityes as hee failed 
 to pay as aforesaid and this to bee expressed in every such 
 Grant to be paid by way of Rent such Rent and forfeitures 
 aforesaid to be gathered collected and Leavyed in such manner 
 as hereafter shalbe thought fitt and declared And . . • 
 that four hundred^ foot Souldiers and a hundred and 
 fifty Horse be kept up under command and disciphne 
 at halfe pay for such time as shalbe thought Necessary 
 for the preservation of the said Island and that two Ships 
 be constantly plying upon that Coast And further likewise 
 that the Lord Archbishop of Canterbury and the Bishop of 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 313 
 
 London be desired to chuse five able Ministers to be sent thither 
 and maintained by his Majestie for one yeare The allowance 
 for each Minister for that yeare to be an hundred Pounds 
 and the Governor to take Care of and settle a Competent 
 livelyhood for them upon the place for the time to come 
 Lastly that his Majestie wilbe pleased to sett forth a Procla- 
 mation therein declaring uponwhatTearmes and incouragements 
 people may plant upon the said Island and giveing Liberty 
 to Strangers to plant there together and mixed with his owne 
 people and Subjects Provided they bee Protestants and will 
 submitt with all due Obedience to his Majesties Government 
 and be ruled by the Lawes of England. 
 
 Philip Frovvde Secretary. 
 It is this day Ordered his Majestie sitting in Councell That 
 the right Honorable the Lord Chancelor of England The 
 Lord Treasurer Lord privy Seale Earle of Anglesey Lord 
 Hollis Lord Ashley Mr Secretary Nicholas Mr Secretary 
 Morris or any three of them be appointed a Committee to 
 consider of and frame a Modell for the Governement of 
 his Majesties Island of Jamaica and to prepare a Draught of 
 such Instructions as they shall conceive fitt and necessary 
 for the increase and preservation of his Majesties Interest 
 and the incouragement of his Majesties Subjects there and 
 thereof to make Report unto the Board. [pp. 283-284.] 
 
 [523.] Whitehall, 5 July : 
 
 [A Letter to the Lords Justices of Ireland to examine into West Indies, 
 the allegations of the French as to the capture of the 
 Golden Tree by Jacob Reynolds. The vessel was taking 
 out the Chevalier Hovell with the Marquis de Cugnac and 
 many French gentlemen in his company, to secure possession 
 of Guadeloupe and Mariegalante for the French King. 
 Reynolds, an Englishman, acting under a Portuguese com- 
 mission against the Dutch, decoyed HoveU on board his own 
 vessel off Plymouth, forced him to surrender, stripped him 
 and his servants and put into Kinsale, claiming the Golden 
 Tree as good prize.] [pp. 286-7.] 
 
314 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 [On 16 August a further letter is written concerning the 
 goods of Sieur la Garde Belin of St. Malo, seized at the 
 same time.] [p. 339 ^ 1.] 
 
 [524.] Whitehall, 12 July: 
 
 Barbados. [The Council refer to the Council for Foreign Plantations 
 
 for examination and report] the humble Petition of the 
 Planters Marchants marriners and Traders to the Island 
 of Barbadoes representing the great Prejudice that hath 
 risen and is still continued upon the trade of the said 
 Island by the makeing and vending of Unmarchandable 
 Sugars almost to the totall losse of the Trade of the 
 said Island and praying that forasmuch as the Petitioners 
 are not able of themselves to apply such a Remedy as 
 wilbe suteable and sufficient to so great a Mischeife and 
 EviU His Majestic would be. pleased to provide that such 
 countenance may be given to the said Commodity as may 
 Answer the duty and Customes of it and that the Price of 30*. 
 per hundred waight by his Majesties speciall Favour layd and 
 Fixt upon all unpurged Sugars of the said Island none may 
 dare or presume to make that which is unmarchandable nor 
 any permitted to sell what shalbe imported under the price 
 Currant for ready mony upon Paine of such penaltyes as to 
 his Majestie shalbe thought fitt to inflict. [p. 291. last %] 
 
 [525.] WhitehaU, 19 July : 
 Jamaica. Upon reading the humble Petition of Jeremiah Nathaniell 
 
 Symon Donnell Edward Bernard and severall other Marchants 
 setting forth that [in accordance with the Order of 19 June 
 for the transportation of criminals to Jamaica they had 
 attended the Lord Chief Justice, but that] his Lordship by 
 reason of much Business had no time to consider of the said 
 matter and the said Recorder answering that the said Persons 
 could not be released till they sued out their Pajdons under 
 the great Scale of England and therefore praying amongst 
 other things that his Majestie would issue a Warrant for the 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 315 
 
 transporting such persons accordingly It is Ordered by his 
 Majestie sitting in Councell that such of the said Prisoners in 
 the annexed Lysts as are or shalbe certifyed by the said Lord 
 chief Justice or Mr. Recorder of London to be Pardoned or 
 such others of them for whom his Majestie hath signed 
 Pardons be forthwith delivered over to the petitioners or to 
 such person or persons as they shall give Order to receive 
 them in Order to their being transported to the said Island of 
 Jamaica hereof the Respective Goalers and Keepers of the 
 said severall risons are to take Notice. [p. 297.] 
 
 [526.] Whitehall, 24 July : 
 
 The humble Petition of divers poore widdowes and others Jamaica, 
 haveing relations in his Majesties Service in Jamaica 
 is referred to the right Hon. the Earle of Berkeshire 
 according to the Petitioners Request. [p. 301. ^ 3.] 
 
 [527.] Ibid. 
 
 [Letters to the Lord Mayor of the City of London, Jamaica, 
 and to the High SherifE of the County of Surrey. The 
 petitions and orders of 19 June and 19 July are repeated. 
 On July 23 at the Assizes at Kingston-on-Thames the 
 Recorder signified to an agent of the petitioners his opinion 
 that, as he could not, owing to his absence from London, 
 certify to each man's particular case, he] did think it 
 expedient. That all such persons as are now in Newgate under 
 Condemnation, and not for Murder, should be Transported, 
 the Merchants undertakeing to keepe them from returning by 
 the space of term yeares at the least. 
 
 [The respective Gaolers are ordered, on the warrant of 
 the Mayor and -Sheriffs, to deliver to the petitioners for 
 transportation to Jamaica] all such Prisoners in the said 
 severall and respective Gaoles as are now under Condem- 
 nation (not being for Murder and Burglary) as also such . . 
 as after Conviction of being incorrigble Roques or Vaga- 
 bonds are condemned to death. [pp. 319-20.] 
 
316 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 
 
 [528.] Whitehall, 24 July : 
 New [Letters patent to be prepared constituting Robert Boyle, 
 
 "^ ^^ ' Esqr. , Governor of the Corporation for Propagating the Gospel 
 in New England.] [p. 321. ^ 4.] 
 
 [C.S.P. II. 152.] 
 
 [529.] Whitehall, 16 August : 
 Acadia. It was Ordered by his Majestie in Councell, that the Right 
 
 Honourable the Lord Privy Seale, the Lord Chamberlaine of 
 his Majesties Household, the Earle of Anglesey, the Lord 
 HoUes, Mr. Vice-Chamberlaine, Mr. Secretary Nicholas, and 
 Mr. Secretary Morice, or any three, or more of them bee (and 
 accordingly they are hereby appointed) a Committee to con- 
 sider of a Memoriall presented by the ffrench Ambassador 
 to this Board concerning the Restitution of Acadia, and to 
 report their Opinion unto this Board. [p. 338. ]f 1.] 
 
 [530.] Whitehall, 26 August : 
 Nova Scotia. It was Ordered by his Majestie sitting in Councell, that 
 Dr. Mason, Dr. Wiseman, and Dr. Walker, or any one or 
 more of them doe attend the Committee of his Majesties 
 most Honourable privy Councell for fEorreigne Plantations, at 
 the Councell Chamber, to morrow (the 27th of August) at 3 
 of the Clock in the afternoone, and that Sir Lewis Kirke, 
 Knt. Thomas Elliott Esqr. and Robert Nelson Esqr. doe then 
 and there attend accordingly about the busines of Nova 
 Scotia. [p. 350. ^ 2.] 
 
 [C.S.P. II. 163.] 
 
 [531.] Whitehall, 28 August : 
 Virginia. Upon reading the petition of Sir William Berkeley Knt. 
 
 Governor of Virginia, [he is ordered to attend the Board on 
 Priday morning, the 30th inst] together with such principal, 
 planters of Virginia as are at present in this Towne, and 
 some of the Cheife Masters of Shipps, and others who trade 
 thither. [p. 357. ^ 1.] 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 317 
 
 [532.] Whitehall, 6 September : 
 
 Whereas the 31st of August past upon the humble Repre- Virginia and 
 sentation of Sir WilHam Berkeley Knt. Governor of Virginia, 
 and severall Merchants Tradeing thither, and unto Mary-Land, 
 that it was for the benefitt and advantage of the said Plan- 
 tations, that no Shipps should come from thence with any ' 
 Merchandise before the fiirst of May next, which was accord- 
 ingly Ordered, and Letters directed to the said Sir William 
 Berkeley Governor of Virginia, and to the Lord Baltimore, 
 Lord and Proprietor of Mary-Land. And whereas severall 
 other Merchants Tradeing unto the said Plantations did this 
 day humbly present a Petition unto the Board with their 
 reasons against the said Prohibition [both parties are ap- 
 pointed to attend the Board on 27 September and produce 
 their reasons for or against the prohibition]. [p. 370. Tj 2.] 
 
 [533.] 18 September : 
 
 Upon the petition of John Smith and Wilham Chamberlaine Barbados. 
 
 Merchants on the of themselves and divers other 
 
 Merchants and Inhabitants of the Island of Barbadoes showing 
 the great Want of Horses for the carying on of the Sugar Workes 
 in the said Island [permission is given them to export fifty 
 horses, not to exceed 101. each in value, the usual dues on 
 the export of horses to the plantations being paid, and 
 security given to transport them only to Barbados.] 
 
 [p. 377. H 1.] 
 
 [534.] Whitehall, 27 September : 
 
 [As ordered on 6 September, both parties appear and are heard Virginia, 
 regarding the order in restraint of trade with Virginia, and] 
 The Right Honourable the Lord High Chancellor of England 
 had Order from his "Majestiejboth partyes being called in) to 
 lett Sir William Berkeley and all the Merchants know, that 
 if hereafter they should make any Proposall unto his Majestie 
 that should tend to the future good and advantage of those 
 Plantations his Majestie would readily receive and authorise 
 the same ; But as for this particular restraint seeing many 
 
318 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661 
 
 Shipps were gonne before it was proposed, and that if it should 
 be executed it would tend to the great prejudice of many of 
 his loveing Subjects trading to those Plantations, His Majestic 
 did at this time absolutely revoke his said former Order, per- 
 mitting all his Subjects freely to Trade and returne to the said 
 Plantations as formerly they have donne. [pp. 384-5.] 
 
 [535.] Whitehall, 4 October : 
 
 gt [The petition of Jonathan Pelham, merchant of London, 
 
 christophei-. ^^^ -j^y^j.^ j^-g ^jfg^ j.gi-(,^ Qf James Barrey of St. Christopher, 
 
 for restitution of the estate of James Barrey in the parish of 
 Palmeto point, sequestered by Clement Everard then 
 Governor for his loyalty to the King and since illegally 
 detained, is ordered to be examined by the Governor and 
 Council of St. Christopher, and if its allegations are found 
 to be true, the estate is to be restored according to equity 
 and justice.] [p. 391. If 1.] 
 
 [536.] Whitehall, 6 November : 
 Plantation [On a petition by the Scots on the 30th of August,] it was 
 
 Trade 
 
 ordered that the Execution of that Act prohibitinge his 
 Majestie's subjects, of the Scottish nation to Trade in manner 
 and forme as in the said Act is expressed be suspended and 
 taken of untiU further Order. [The officers of the Customs 
 now present a report and it is ordered that the Lord Treasurer, 
 the Earl of Anglesey, the Earl of Lauderdale, the Chancellor 
 of the Exchequer, Mr. Vice-Chamberlain, Mr. Secy. Nicholas, 
 and Mr. Secy. Morice or any four of them be a Committee 
 to consider the order of 30 Aug. and the report of the Customs 
 officers : who, with the Lord Treasurer and Lord Clerk-Register 
 of Scotland, are desired to attend this Committee on Saturday 
 next at the Lord Treasurer's house.] [pp. 427-8.] 
 
 [537.] WhitehaU, 22 November : 
 Navigation [The Committee to consider Scotland's position under the 
 Navigation Act receive an unfavourable report from the 
 
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 319 
 
 Commissioners of the Customs under four heads. No. 2 
 concerns the Plantation trade : — ] 
 
 (21y) They by this Liberty may trade to the Plantations 
 which are absolutely English which will bring infinite losse 
 to his Majestic and as much prejudice to the English Subject. 
 
 1st. They may carry, by this Admittance, all the 
 Growth of these Plantations into fEorraine parts, 
 which must lessen his Majestys duties and by this 
 they may carry away the English mens Estates, 
 who haue propriety both in goods and Lands, by 
 whose Cost and Industiy they haue beene Planted, 
 and who euery yeare looke for the returnes as well 
 to Improue their Estates as pay their Debts, 
 
 (2ly) They may serue all forraine Parts (as Germany, 
 Holland &c:) with the fruits of the English Labours 
 and make Scotland the Magazine, and leaue this 
 Nation to its home Consumption, and the King in 
 his Duty, and the Merchant in his returnes fall 
 short in their exspectation, and perhaps the Pro- 
 prietor forct to goe into Scotland to looke his 
 Estate. 
 (Sly) If they should say that they would come for 
 England, Ireland, or Wales &c: They can giue no 
 security either to the Gouernor there, or the Officers 
 of the Customes here, Where they haue no Interest, 
 they cannot be responsible, and their Bonds are 
 worth little, if once gonn, and the forfeiture is 
 little worth to his Majestic they being as forregners 
 to this Nation, being not vnder our lawes and 
 Gouernment In fine the Plantations are his Majestys 
 Indies without Charge to him raysed and sup- 
 ported by the English Subjects, who Imploy aboue 
 200 Sayle of Good Shipps euery yeare, breed abun- 
 dance of MarjTiers, and begin to growe into 
 Comodities of great value and Esteeme, and 
 though some of them continue in Tobacco, Yett 
 
Jamaica. 
 
 Jamaica. 
 
 Barbados. 
 
 Barbados. 
 
 320 ACTS OF THE PRIVY COUNCIL (COLONIAL) [1661. 
 
 vpon the Returne hither it smeUs well and payes 
 more Custome to his Majestie then the East Indies 
 foure times ouer. 
 [And as it appears that an Act of Parliament would be 
 necessary for granting such liberty to the Scots, the order of 
 30 August in their favour is accordingly revoked, and they 
 are referred to Parliament for redress.] [pp. 453-455.] 
 
 [538 ] Whitehall, 25 November : 
 
 [The Committee for Jamaica is ordered to meet] on Thursday 
 next at two in the afternoone. [p. 457.] 
 
 [539.] Whitehall, 4 December : 
 
 [The Earl of Northumberland is added to the Committee 
 for Jamaica and they are ordered to meet] on ffryday next 
 before the sitting of the Councell to consider of the proposalls 
 of the Lord Windsor ; as also of the paper exhibited this 
 day from the Councell of fforraigne plantations. 
 
 [p. 469. Tf 5.] 
 
 [540.] Whitehall, 11 December: 
 
 [On the petition of Mary Clarke, an orphan, for her portion 
 of the estate of her father, who died in Barbados, leaving the 
 estate in the hands of her uncle, Peter Cole, now under 
 restraint in the hands of one of the messengers of his 
 Majesty's Chamber, order is made that she and her counsel 
 have free access to Cole to advise with him about such affairs 
 as concern the petitioner's and other orphans' estates in his 
 hands and trust. [pp, 479-80.] 
 
 [541.] Whitehall, 13 December : 
 
 [A letter to Lord Willoughby of Parham, Governor of 
 Barbados, concerning the suit of Elianor and Robert 
 Langdon for the estate of John Langdon, husband of Elianor 
 and brother of Robert. Seven years after commencing their 
 suit and a year after verdict given in their favour by the 
 Court of Barbados, the estate (of 300?.) is still illegally 
 
1661-2.] ACTS OF THE PRIVY COXJNCIL (COLONIAL). 321 
 
 detained by one Thrale or his assignes with 3,000Z. arrears 
 of rent, while the petitioners are unable to go over them- 
 selves to prosecute the right. Directions are to be given that 
 justice be dispensed effectually and speedily to the peti- 
 tioners according to the merit of their cause.] [p. 500.] 
 
 [542.] Whitehall, 13 December : 
 
 [A petition of merchants and others trading to Virginia Virginia and 
 and Maryland having been read, his Majesty] intending the ^^''^^*°''" 
 advancement of his Plantations, and the generall good and 
 encouragement of Adventurers therein, and not willing to 
 Conclude any Interesses, but ffirst to be heard [commands 
 the governors of these plantations and aU others concerned 
 to view the petition and to attend the Board on 29 January 
 at 3 in the afternoon, when further order will be given.] 
 
 [p. 521. TI 2.] 
 
 [543.] Whitehall, 24 January : 
 
 The businesse concerning the Barbado's [is to be considered Barbados. 
 on Jan. 29 : Lord WiUoughby of Parham and Lord Kinnoull 
 to attend]. [p. 524. ^ 2.] 
 
 [544.] Whitehall, 29 January : 
 
 [Lord Hatton, Mr. Treasurer, and Mr. Comptroller are Virginia and 
 added to the Committee for Foreign Plantations, who are ^^ 
 to meet on Monday next to consider the petition of Sir 
 Wm. Berkeley and the interests of the merchants and others 
 trading to Virginia and Maryland.] [p. 528. f[ 1.] 
 
 [545.] Whitehall, 7 Febniary : 
 
 The interests of the severaU pretenders to Nova Scotia Nova Scotia. 
 [are to be considered by the Committee for Foreign Planta- 
 tions on the 10th instant, when aU concerned are to attend. 
 Report to be made to the Council on the 14th].[^[p. 540. ]f 4.] 
 
 [C.S.P. n. 224.] 
 21 
 
322 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 [546.] Whitehall, 7 Pebraary : 
 
 West Indies. [Owen Martin Esqr and Humphrey Seaward, merchant, 
 pray confirmation of his Majesty's grant to them of certain 
 concealed goods in the West Indies by them discovered, and 
 detained from them by the deputy and Lord WiUoughby of 
 Parham : They are ordered to bring evidence and documents 
 to prove their title to the goods.] [p. 541. ^ 1.] 
 
 [C.S.P. II. 213.] 
 [547.] Ibid. 
 
 Jamaica. Upon reading the petition of the Officers and Souldiers 
 
 returned from the service of Jamaica It was Ordered (his 
 Majestie present in CounceU) That if the petitioners who 
 returned from Jamaica desire to retume thither againe, they 
 shaU be recommended to the Lord Windsor to be well treated 
 by him. [p. 541. f 2.] 
 
 [548.] Whitehall, 19 February : 
 
 Nova Scotia. [Lord Willoughby of Parham and aU others concerned in 
 the business of Nova Scotia are to attend the Board on 
 Friday, and the treaty between England and France is to 
 
 * The page be then brought before the Board.]* [p. 549. ^ 5.] 
 
 is disfigured 
 here. 
 
 [549.] Ibid. 
 
 West Indies. [Martin and Seaward produce his Majesty's grant to them 
 and pray for an early hearing of Lord WiUoughby's claim- 
 whereupon the 26th Sept. is fixed for hearing aU parties.] 
 
 [p. 550. If 2.] 
 
 [550.] WhitehaU, 26 February : 
 
 Nova Scotia. [The petitions of Sir Lewis Kirke, John Kirke Esqr. and 
 others on one part, and of Colonel Thomas Temple, m his 
 own behalf, having been read, all interested in the claims 
 to Nova Scotia are ordered to attend for a final hearing on 
 Friday, 7th March, notice being given also to the French 
 Ambassador.] [pp. 557-8.] 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 323 
 
 [551.] Whitehall, 26 February r 
 
 It was Ordered, That all persons that have any Commis- New 
 
 ^ England. 
 
 sions from those in New England interessed in the anayres 
 of that Plantation, and all others who can give any Accompt 
 in Reference to his Majesties service, and the good and beneiitt 
 of those parts doe attend the Board on Thursday next the 
 6t of March ensueing at 3 in the afternoone, And particularly, 
 That Colonell Thomas Temple, and Mr. Wentrop, and such 
 as they shall advise and think fitt be summoned and required 
 then and there at the tyme aforesaid to give their attendance 
 also. [p. 558. Tf 1.] 
 
 [C.S.P. II. 244.] 
 [552.] Whitehall, 28 February : 
 
 [The Committee for the Affairs of Jamaica are to consider Jamaica, 
 and report on three papers exhibited at the Board by Lord 
 Windsor, entitled — Instructions given to Major Thomas 
 Fairfax, Reasons for buUding Shallops &c in England, and 
 Dimensions of these Shallops.] [p. 560. ^ 1.] 
 
 [553.] Whitehall, 6 March : 
 
 Ordered that all addresses and other papers concerning New 
 
 . , England. 
 
 New England be looked out agamst to-morrow to be pre- 
 sented to the CounceU. [p. 566. ^ 1.] 
 
 [554.J Whitehall, 7 March. 
 
 This daie Dr. Walker and Dr. Turner attendinge the Nova Scotia. 
 Board as Counsell for severall persons claimeinge interests 
 in Nova Scotia, and beinge called in and heard at the Board, 
 It was ordered by his majestie in CounseU that the said 
 Doctor Walker and Doctor Tm-ner doe drawe up a state of 
 the case, concerninge Nova Scotia, both in reference to the 
 Croune and to the titles of their Clients, And that they doe 
 present the same to this Board drawne up in Latine to the 
 end such further use may bee made of them as shall bee 
 thought fitt. [p. 568. If 1.] 
 
324 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 [555.] Whitehall, 7 March : 
 
 Nova Scotia, [^jj parties having claims in Nova Scotia having been 
 heard, the Earl of Lauderdale is] desired to write into 
 Scotland to have all the letters Patents, Concessions, Trans- 
 actions, and writeings, whatsoever, that conceme Nova Scotia 
 or any part thereof sent unto him, to the end that they may 
 bee presented to the Board, [P- 568. If 2.] 
 
 [556.] Whitehall, 12 March : 
 
 Jamaica. [A report of the Earl of Anglesey from the Committee for 
 
 Jamaica giviag the following list of stores desired by Lord 
 Windsor for Jamaica is referred to the Ordnance for an 
 estimate of the cost.] 
 
 Two whole Cannon of Brasse 
 
 Two demy cannon of Brasse 
 
 ^0 Culveren of Iron 
 
 20 demy Culveren of Iron 
 
 ten Sakers 
 
 six Minions also 
 
 12000 Foot of Deale Boards 
 
 18000 Spikes of five Inches long 
 
 400 Shovells 
 
 200 Baskets 
 
 80 Handbarrowes to carry Stones 
 
 30 Close barrowes for Morter 
 
 Flatt and square Barrs of Iron six Tunn 
 
 That Lead to make a Cisterne of 30 Foot long 20 Foot 
 broad and six Foot deepe be likewise sent. 
 [On a similar report from the Committee for Jamaica the 
 Commissioners for the Navy were ordered to return an 
 estimate of the cost of the following particulars : — ] 
 
 Two double Shallops with SaUes Oares and other neces- 
 saries belonging to them to be prepared and made 
 ready here 
 
 Fower YaUs likewise to be carryed from hence 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 325 
 
 A sufficient Number of Planks of two Inches and an 
 Inch and a haKe for the Building of three Boates of 
 about six Tunn. 
 
 Pitch Tarr Oakeham and Nayles proportionable for the 
 building the said Boates to be provided and sent over 
 
 More of Tarr twelve Barrells and fower BarreUs of Pitch 
 
 Five hundred weight of TaUow 
 
 Term Tunn of Hoggsheds and Punchons hooped with 
 Iron 
 
 Also that a fitt number of Ship Carpenters be sent for 
 the Building of the said Boates. [p. 572. last 1|.] 
 
 [557.] WhitehaU, 21 March: 
 
 The Petition of Thomas EUiott Sir John CoUiton and Francis Barbados. 
 Cradocke being this day read at the Board his Majestie present 
 in Councili Setting forth that after severaU References made 
 by his Majestie to the right Honorable the Lord Berkely Lord 
 Ashley and others his Majestie granted a Warrant directed to 
 his Majesties Solicitor generall for the Erecting a Bank upon 
 the Secmrity of Lands &c. in the Barbadoes and therein did 
 appoint the Petitioners and a fowerth Person to be chosen 
 by the Governor Council! and assembly of that Island to 
 erect and Governe the same which grant comeing in usuaU 
 Forme to the right Honorable the Lord Chancelor his Lordship 
 was pleased to suspend the passing thereof untO hee had 
 advised with his Majestie and Councell thereupon And praying 
 his Majesties Pleasure therein in regard there is nothing in 
 the said Grant but what is Profitable for the Country It was 
 thereupon Ordered that the said Sir John CoUiton the Lord 
 WiUoughby and such of the Planters in the Barbadoes as 
 are now in Towne and some of the Councell of Trade do attend 
 the board on Wednesday the 26 of this instant March at 
 3 of the clock in the afternoone [when further notice will be 
 given]. [p. 579. Tj 1.] 
 
 [558.] Ibid. 
 
 A Relation of what passed at the Barbadoes concerning Barbados 
 the Captain of his Majesties Ship the Diamond being this 
 
326 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 day read at the Board that the said Ship the Diamond and the 
 Rosebush touching at Barbadoes on their way to Jamaica 
 found many Obstructions by diverse persons and more especially 
 by Col. Wahond and his soim Capt. George Walrond who 
 because they could not find a Submission to their Humors 
 concerning two vessells they had then in Question of being 
 lawf uU prize granted a Warrant of Arrest against the Captains 
 of the said Ships with many Threatnings which they being 
 advertised of gott aboard and sett Saile The Captaine of the 
 Diamond being agauie returned to the Barbadoes found 
 great Opposition in the procuring Planters and severall of 
 his Seamen were committed to Prison and the Captaine 
 writeing but a Letter for their Release the Gouernor caused 
 him to be apprehended upon pretence that hee was like to 
 breake the Kings Peace and the same Evening his Purser 
 and Chaplain lyiag on Shore, the dores where they lay beiag 
 broken open they were seized and clapt in the Common Goalo 
 where they lay for 24 houres without any Mittimus or Cause 
 showne In the morning the Captain being denyed a Coppy of 
 the Mittimus he wrote to the President and was sent for by 
 a Guard before him and two of his Councell where the said 
 Captain was vpbraided with strange Language That the 
 President caused Mr. Jennins one of the Justices to write 
 downe three Articles for Capt. Whiteing to signe which if 
 he refused he declared that it was Ordered by him and his 
 CounceU that hee should Remaine a Prisoner till hee did and 
 that hee could send him for England and the Ship to 
 Jamaica and on the 25 of November the Captain was carryed 
 to the Presidents house where after many Threats hee ordered 
 him and his Chaplaine also a Prisoner to repaire on Board but 
 that a Band of men should continue in Armes untill they were 
 under Saile It was thereupon Ordered by his Majestie in 
 Councell that* [p 532. ^ 1.] 
 
 * A blank apace of about four Unes follows, but on II and 13 AprU, it is 
 ordered that Lord Windsor examine the case at Barbados on his way to 
 Jamaica, without any reflection on the Governor of Barbados, and report to 
 the Duke of York. The order of the Uth is misplaced and correctly dated 
 m a, marginal note. [ 602, H 4, and 609, f 2.] 
 
1662.] ACTS OF THE PRIVY COUNCIL (C0L0NL4L). 327 
 
 [559.1 WMtehaU, 4 AprU : 
 
 [The Council approve the estimates returned by the Jamaica. 
 Ordnance and Navy Boards according to the Order of 
 12 March, and order the stores to be provided and pay- 
 ment to be made accordingly : — 
 
 The Officers of the Ordnance are] also to provide and send 
 
 six able and skilfuU workemen, for the makeing of Brick and 
 
 Tyle for the buUdirig his Majesties forts at Jamaica. 
 
 [p. f 
 [Ordnance Estimate] : — 
 
 Cannon 2 at vjl. a peece 
 
 Demy Cannon 2 at vL a peece 
 
 Culvering 20 at iiij Z. a peece . . 
 
 Demy Culvering 20 at iijZ. x»\ a peece 
 
 Saker 10 at Ivs. a peece . . 
 
 Mynion 6 at xlvs. a peece . . 
 
 Deale Boards for Plattformes .. .. 12000footeat 8 ffoote perj 
 
 Deale amounts to 1500 1 087 10 
 Deales at xiiijd. each] 
 
 92, p 
 
 59*.] 
 
 I. 
 
 o. 
 
 d. 
 
 .. 012 
 
 00 
 
 
 
 . . 010 
 
 00 
 
 
 
 . . 080 
 
 00 
 
 
 
 . . 070 
 
 00 
 
 
 
 .. 027 
 
 10 
 
 
 
 . . 013 
 
 10 
 
 
 
 12000 fioote at vi3. perl 
 
 ffoote [300 00 
 
 040 
 
 00 
 
 
 
 006 
 
 13 
 
 4 
 
 014 
 
 00 
 
 
 
 013 
 
 10 
 
 
 
 132 
 
 00 
 
 
 
 Which said Deales being conceived 
 
 to be vnservicable for Plattformes 
 
 it is humbly proposed that the 
 
 like Quantity of Oaken Plancke 
 
 of 2 inch may be provided instead 
 
 thereof vizt 
 
 ( 18000 poizperest. 5ts. atl 
 Spikes of Iron of 5 Inches longe j ^j^ _gj. to^n [ 210 00 
 
 ShoveUs 400 at ijs. a. peece . . 
 
 Basketts 200 at viijd. a peece 
 
 Handbarrowes to carry Stones . . 080 at iijs. vj a peece . . 
 
 Close wheele barrowes to carry Morter 030 at ix«. a peece. . .. ' 
 fflatt and Square Barrs of Iron . . 006 tonn at xxiji. per ts. 
 Lead to make a Cisteme of 30 ffootel poiz per est 7te. together 1 
 
 long 20 ffoote broad and 6 Hoote I with Sodder at 201. [ 210 00 
 
 deepe j per *« j 
 
 ffor the Charge of Transportation of the said provisions on 
 board such Shipp as shalbe appointed to carry them to 
 Jamaica together with primeing and laying in oyle cuUour 
 the Carriages aforesaid and other incident charges wiU 
 
 amount to per est 
 
 TotaU of the said provisions if the Platformes 1 .^g .o a 
 
 be of Deale boards J 
 
 TotaU if the samebe of Planke as is humbly) ^^39 93 4 
 
 proposed wilbee* I 
 
 Signed ffra: Nicholls. Edw: Sherburne 
 
 * In a letter to the Ordnance of 16 April it is ordered that the platform be 
 of two inch planks. b- *'03, H 2.] 
 
 100 00 
 
328 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 [Navy Estimate] : — 
 
 I. «. d. 
 
 Two Shallops to be in length 40 fEoote at 601. each Shallop . . 120 00 
 ffotir yaules to be in length 20 fioote each at 121. a yaule . . 048 00 
 Two Inch and inch and i planke 12 Loades at 41. per Load for 1 „ .„ „^ 
 
 the building of 3 Boates to carry Six Tonnes each Boate J 
 Pitch Tarre Okeham, nayles and other necessaries for the finishing 1 ai k nn n 
 
 of 3 Boates . . . . J 
 
 Sixteene Barrells of pitch and Tarr for Stores and other vses 1 ._. „ 
 
 at 20s. each J 
 
 Tallow for Stores ffive Hundred weight at ii]7. per Hundred . . 015 00 
 Six Shipwrights for the building and finishing of the Boates at 1 ^„„ „„ „ 
 
 40«. per man per mensem Hor 3 Moneths J 
 
 Iron bound caske 10 Tonns at 44s. per Tonn 022 00 
 
 Toto 320 00 
 
 Signed Will Batten, Samuell Pepys. 
 
 Whereas the Lord Windsor presented this day a memoriall 
 to the Boord conteyiung the yearely charge of standing pay 
 of 150 Horse and 400 ffoote for his Majestys service in the 
 Island of Jamaica at a ffonrth part pay vizt 
 
 I, 0. d, I. tf. d. 
 
 150 Horse at Td. ob each per diem .. .. 1710 18 9 1 
 
 400 ffoote at Id. each per diem 1216 13 4 [ 
 
 Captaine of Horse One per annvmi 0061 16 6 ) 
 
 Lievtenant of Horse One per annum . . . . 0041 00 
 
 Comet of Horse One per annum 0039 00 f ^^^"^ 
 
 Quarter master One per annum 0026 00 
 
 Captaines of ffoote ffour at 601. each . . . . 0200 00 ' 
 
 Lievtenants of ffoote ffour at ZOl. each . . 0120 00 
 
 Ensignes ffower at 251. each 0100 00 
 
 Serjeants ffour at 6/. each 0024 00 ) 
 
 In all Horse and ffoote Officers and Soldiers . . 3539 08 7 
 
 Which together with the Governors yearely Sal- 1 
 
 lery of 2000?. is / ^^^^ "^ ^ 
 
 The Lord High Treasm'er of England is hereby prayed, for 
 the constant certeyne payment thereof, to place the charge 
 aforesaid, vpon the Office of the Excise. 
 
 [560.] WhitehaU, 11 AprU : 
 Plantation The humble petition of John Knights, Thomas Knights, 
 and Company late Owners of the ship called the Daniell 
 
 0444 00 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 329 
 
 whereof Henry Oakes was Master was this day read at the 
 Boord, wherein they sett forth, that being the true and lawful! 
 Owners of the Ship, about May last 1661 sett forth the same 
 from the Port of London with severall Goods and Merchandizes 
 for their owne Accompt, and did give Order to the said Henry 
 Oake the Master to sayle to, or neere the Gold Coast at Guimiy, 
 and there he safely arrived, and did barter away part of his 
 Ladeing for 82 Negroes, a parcell of Elephants Teeth, and 
 some Gold, and had as much Goods left, as would have pro- 
 duced 100 Negroes more, and Provisions for them, and the 
 3aid Oakes was to have sayled with the same from Guimiy, to 
 the Barbadoes there to have refreshed his Negroes and soe 
 to have gon to Cadiz in Spaine, there to have sould them, but 
 as he was in his lawfull Employment, one Jasper Vanhuison 
 Generall for the Dutch West India Company resideing at 
 Guinny first seized his Boate and ffive of his men, goeing towards 
 Cormantine and carryed them away Prisoners, and some 
 few dales after, a ship of Amsterdam, of which one Aron 
 Couzens was Commander belonging to the Dutch, being 
 mounted with 30 Gims, and the ship DanieU haveing but ffour, 
 the said shipp of Amsterdam .... tooke her and 
 all the Goods and Negroes, stripping and piundring the Com- 
 pany, and carried the said shipp and Goods to the said Jasper 
 
 Vanhuisen at Castle de Maine, And had 
 
 not the said Dutch soe interrupted the Petitioners Trade the said 
 Negroes would have yeilded 7000?. sterling The shipp cost 
 800?., and the Gold Elephants Teeth, and other Goods were 
 worth neere 1000?. The petitioners have caused their proofes 
 to be made in the High Court of Admiraltie and have sum- 
 moned the Dutch by a puhque Edict, vpon the Exchange, 
 and procured legaU notice by Letters to be given to their 
 Ambassador and have done aU that the Law requireth on their 
 part. The Boord haveing taken the perticulers into con- 
 sideration It was this day ordered his Majestie present in 
 CounceU that Mr. Secretary Nicholas and Mr. Secretary 
 Morice, or one of them, should make the Case of the Petitioners 
 
Tobacco. 
 
 330 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 to be one of those they putt vpon the English demands, and 
 also that bhe Petition be sent over recomended to Sir George 
 Downing his Majestys Resident at the Hague, to represent 
 the same effectually to the states Generall there. [p. 601.] 
 
 [561. Whitehall, 23 April : 
 
 Upon information given to this Boord by the Commis- 
 sioners of his Majesties Customes, that there are lately Eight 
 Ships arrived in the Port of Bristol! laden with Tobacco and 
 six more there expected the Custome whereof will amount (as 
 they conceive to about 12000?., but that there is not at 
 present, readie money enough ia the Cittie to discharge the 
 said Customes, His Majestic taking the same into his princely 
 Consideration together with the present scarcety of money 
 and deadnes of Trade did Order that [on security being 
 given, payment may be delayed on this and any similar 
 occasion]. [p. 613. ^ 1.] 
 
 [562.] Ibid. 
 
 Nova Scotia. Upon a motion made this day at the Boord his Majestic 
 present in Councell concerning the Government of his Majesties 
 Plantation of Nova Scotia It was ordered that a Graunt of 
 the Government of Nova Scotia with the fEorts and Trade 
 thereunto belonging be made to Collonell Thomas Temple 
 during Life and that 4000 acres of the Soyle of the said 
 Plantation in Nova Scotia be setled on the said CoUoneU 
 Temple his heires and assignes. And Mr. Attorney Generall 
 is to proceed in preparing a Graunt or Graunts of these 
 perticulars accordingly. [p. 615. Tj 1.] 
 
 [563.] Whitehall, 30 April : 
 Tobacco. [Order to the High Sheriff of Gloucestershire to burn 
 
 Enghsh tobacco in accordance with the Act of 12 Ch. II. 
 (Cap. xxxiv.)* [p. 622. ]f 1.] 
 
 * Hampton Couvt. 13 July 1662 : A letter to the High Sheriff of Gloucester 
 acc'.i^ing him of great neglect " that there is yet very much Tobacco growing 
 in that County that remaines undestroyed." On the same date letters similar 
 to that of 30 April are sent to the High Sheriffs and Justices of the Peace of 
 Worcester and Hereford. [IH. pp. 62-3. J 
 
1662] ACTS OF THE PRIVY COUNCIL (COLONIAL). 331 
 
 [564.] WhitehaU, 26 May : 
 
 Upon reading the Petition of the Planters and Traders to Virginia. 
 Virginia, declaring that by reason of vast quantityes of 
 Tobacco planted in England, and other places, as well as 
 Virginia, that Commodity is brought to so low a price, that 
 it hardly payes the datyes to his Majestie And praying 
 his Majestie to inhibite the Planting thereof withm the 
 Capes of Virginia after the 10th of June 1663, and so yearely 
 till the pretended grievance be remedyed, by Planting more 
 Staple Commodities of Hemp, fflax, Pitch, Tarr, Pott-Ashes 
 &c. And that no Ship carr3ring any Tobacco shall come 
 forth of the Capes of Virginia before the fiSrst day of May 
 next ensueing : Consideration thereof being had by the 
 Board, It was Ordered that the said Petition should be rejected, 
 and their Lordshipps did declare that they henceforth would 
 not receive any Petition of that nature. [p. 641.] 
 
 CHARLES II. VOLUME III. (4 June 1662-29 Jan. 1664.) 
 
 [565.] WhitehaU, 13 June : 
 
 [On revision of the order of 26 May at the instance of some Virginia 
 of the petitioners,] Their Lordshipps were pleased"to declare, 
 That it was not their Intention to forbid or discourage the 
 Merchants and Planters ""of Virginia from making their 
 Addresses to them ; And Ordered, That the consideration of 
 the whole matter should be resumed on Friday the 20th of 
 June instant at 3 in the aftemoone ; At which time, as well 
 the said Planters, Merchants and Traders for Virginia, and 
 all persons therein concerned ; as also the Lord Baltemore, 
 are required to give their attendance, when such direction 
 shall be given as shalbe though fitt. [?). 10. ^ 1.] 
 
 [C.S.P. II. 308 and 312.] 
 
 [566.] Hampton Court, 29 June : 
 
 His Majestie, with the Aduice of this Virginia and 
 
 Board, taking into serious consideration the meanes of ^^^ 
 
332 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 Improuement both of the pubUque and particuler Benefits 
 and Aduantages which may accrew, from those Plantations, 
 to this Kingdom, and for the more speedy and efEectuall 
 Aduance thereof, hath thought fitt. And accordingly It is 
 hereby Ordered, That Sir WiUiam Berkeley Knight, his 
 Majesties Gouernour of Virginia, do forthwith repayre to his 
 Gouernment there. And that then a Letter be written to him 
 from his Majestie, signifying his RoyaU Pleasure, That the 
 said Gouernour endeauour, by consulting with the Planters 
 in Virginia, and with the Lord Baltemores Leiutenant in 
 Maryland, or Commissioners appointed by his Lordshipp, to 
 agree upon the promoting of the Planting of Hemp, Flax, and 
 other like considerable Comodityes in those Plantations, and 
 the Lessening of Planting Tobacco there ; And that the 
 restraint for planting Tobacco, may be alike in both Places ; 
 And It is also Ordered, That another Letter, at the same 
 time, be written from his Majestie to the said Lord Baltemore 
 (Lord and Proprietary of Mary-land) recommending the 
 like unto him ; And that his Lordshipp do giue directions 
 to his Lieutenant in Mary-land, to consult with the Planters 
 there, and to appoint Comissioners to aduise with his 
 Majesties Gouernour of Virginia, or such as he shall appoint 
 for the same purpose ; And as concerning that part of the 
 petition. That no Shipp or Uessell, carrying any Tobacco, 
 shall come forth of the Capes of Virginia before the first day 
 of May next ; It is Ordered That there shaU be no restraint 
 of returne of Shipping from the seuerall Plantations of Vir- 
 ginia and Mary-land, unlesse it be thought fitt by the 
 respectiue Gouernours, Councells and Assemblyes of the said 
 Plantations. [p. 33.] 
 
 [567.] WhitehaU, 2 July : 
 
 En'^iand '^^^ Petition of the Company for propagation of the Gospell 
 
 in New England and Parts adjacent of America was this day 
 read at the Boord, shewing that heretofore by the blessing 
 of God on the Endeavours of some of the EngUsh nation 
 many of the Heathen Natives of New England were con- 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 333 
 
 verted to the ffaith of Christ, which being knowne in 
 England, it invited the Pretended Powers that then were to 
 constitute a Corporation for the carrying on of that Worke 
 And to graunt Liberty for a generaU Collection to be made 
 throughout England and Wales whereby divers Summes of 
 money were raysed, and Land purchased for the setling an 
 yearely Revenue for that end, wherein such a Considerable 
 Progresse hath been made, that very many of the Indians 
 haue been civilized and brought to hke the English Manners 
 and Government and many haue been brought to the Pro- 
 fession of the GospeU, And the whole new Testament, ana 
 a good part of the old (whereof the rest is makeing ready for 
 the Presse) hath been there printed in the Indian Language, 
 That his Maiestie graciously considering the Consequences 
 of so glorious a Worke, hath lately erected a Corporation to 
 carry on and perfect the same, who at their first Entrance 
 do find that the space of Two yeares last past the Charges 
 haue much exceeded the Incomes appropriated to that Worke, 
 and that their Revenue is much too small at present to carry 
 on the same according to his Majestys pious intentions, 
 especially in regard of the Greate Charge that wUbe requisite, 
 partly for recovering the greatest part of their Revenue 
 injuriously deteyned from them, and partly for the perfecting 
 so costly and yet necessary a Worke as the perfecting the 
 translation and printing of the Bible, and partly for the 
 maintenance of Schooles for the breeding vp of the Indian 
 Children, not only in the Principles of Christianity, But to 
 the knowledge of good Literature, and Trades, whereby they 
 be not only taught the true Religion, but civUized also and 
 brought to submJtt to his Majestys gracious Government 
 And therefore most humbly prayed that his Majestic would 
 be pleased to graunt a Breife for a GeneraU Collection to be 
 made throughout England and Wales for the Purpose afore- 
 said. Which their Lordships takeing into their serious Con- 
 sideration and being desirous to giue aU encouragment possible 
 to the said Corporation for the carrying on of the said Worke 
 
334 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 so well begun, did think fitt to recommend it to the right 
 honorable the Lord Chancellor, who is prayed to take the 
 same into his particular Care and giue order for a Breife 
 accordingly. [p. 38. hst %] 
 
 rCS.P. II. 319.] 
 [568.] Whitehall, 8 August : 
 Barbados. The Petition of fErancis Cradock Esqr being this day read 
 
 at the Board, Shewing, That in August 1660 his Majestic 
 was gratiously pleased by his Letters Patents vnder the 
 Great Scale of England, to grant vnto the Petitioner, for 
 terme of his life, the place of Provost Marshall GeneraU in the 
 Island of Barbadoes, with power to substitute deputyes, and 
 with such fEees, profitts, Priviledges &c as any others here- 
 tofore have, or ought to have, hold or enjoy. That Colonell 
 Humphry Waldram, President of the said Island, hath dis- 
 posed this his Majesties favour to the Petitioner, to freinds of 
 his owne, by Creating them Titles of Serjeants at Armes &c, 
 and causing such Precepts and Warrants to be directed to 
 them, as belong to, and were ever heretofore executed by the 
 Provost Marshall. And Praying this businesse may be heard 
 before his Ma]estie And that the Lord Willoughby be desired 
 to attend the same &o. [The petition was ordered to be 
 heard on Friday, 22 August, and Lord Willoughby is to have 
 timely notice in order that he may then offer any objections 
 he may have.] [p. 96. 1[ 2.] 
 
 [C.S.P. II. 344.] 
 [569.] Whitehall, 15 August : 
 
 It was this day Ordered, That the Lord High Treasurer 
 of England, and the Principall Oflficers and Commissioners of 
 his Majesties Customes doe take especiall care to see that 
 part of the Act for Navigation, which provides that no Shipp 
 I that loades in any of the Plantations belonging to this 
 Kingdome, doe goe into any fEorraigne part without touch- 
 ing ffirst in England. This being grounded vpon an Advice 
 given by Sir George Downing that divers English Shipps 
 laden in Barbadoes are lately arrivea in HoUand without 
 
 Barbados. 
 
1662.] ACTS OP THE PEIVY COUNCIL (COLONIAL). 335 
 
 touching in England ; And likewise that Holland Shipps doe 
 bring into London and other Ports Goods prohibited by the 
 Act in Holland Vessells. And it is further Ordered that the 
 Principall Of3&cers and Commissioners of his Majesties Customes 
 doe give Order to all other Officers thereof to see the same 
 put in due execution. [p. 101. ^ 2.] 
 
 [570.] Hampton Court, 17 August : 
 
 Whereas by the humble Petition of Henry Adys Citizen Surinam. 
 and Vphoulster of London (on behaKe of himselfe and six 
 ffamilyes more) who vpon pretence of tendernesse of Con- 
 science desire to transport themselves into the West Indies, 
 vnder the Government of the Lord WUloughby of Parham, 
 Governour of his Majesties Plantation in Suranam : It was 
 Ordered, That the Masters of the said severall ffamilyes sub- 
 scribing their said Petition should have Passe-Ports, or 
 Licences as they desired ; Which being donne and performed 
 by the said Henry Adys, and hee haveing given in the names 
 of such whom hee desires to transport with him. These are 
 to will and require you and every of you whom it may con- 
 cerne, to permitt and suffer the said Henry Adys with Mary 
 his Wife, Timothy Adys his Sonne. Sarah Adys his Daughter, 
 Anne Ware a Mayd-Servant, and Peter Segar, and two other 
 Menservants, to Imbarque and Shipp themselves in any of 
 his Majesties Ports in such Shipp or Shipps, VesseU or Vessells 
 as they shall Contract or agree with for their Transportation, 
 with such Goods, Househould stuffe, VtensUls for Husbandry, 
 Merchandize, and other necessary Commodityes for their 
 accommodation (not prohibited to be exported) and paying 
 the vsuall and accustomed Dutyes for the same, and peaceably 
 to proceed on their Voyage to Suranam in the West-Indies 
 aforesaid. For all which this shall be asweU vnto them, as to 
 aU persons whom it may concerne sufficient Warrant. 
 
 To all and every his Majesties AdmiraUs, Vice Admiralls, 
 Captaines, and Commanders of his Majesties ffleets, and Shipps 
 at Sea, and also to the Commissioners and Cheife Officers of 
 
Virginia. 
 
 336 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 his Majesties Customes, and to all other his Majesties Officers 
 and Ministers whom it may concerne. 
 
 The like Licence granted to Richard Afflett Citizen and 
 Chandler of London, Anne his Wife, Susan his Daughter, 
 George Nicholson his Servant, and Mary Hall a yong ChUde, 
 his Kinswoman. [p- 103. last %] 
 
 [571.] WhitehaU, 3 September : 
 
 [As Sir Wniiam Berkeley is speedily to return to Virginia, 
 the Board wiU consider the concerns of that Plantation on 
 Friday next : the Lord Treasurer, the Chancellor of the 
 Exchequer, and Sir William Berkeley to attend, and the 
 Secretary to the Council of Plantations to attend with all 
 Transactions and Orders of that Councill relating to the said 
 Plantation of Virginia.] [p. 123. If 1.] 
 
 Committee 
 of Planta- 
 tions. 
 
 [572.] Whitehall, 5 September : 
 
 Whereas by a former Order of this Boord the Lord 
 Treasurer, Lord Privy Scale, Lord Chamberlaine, Earle of 
 Leicester, Earle of Anglesey, Lord Hatton, Lord Holies, Lord 
 Ashley, Mr. Treasurer, Mr. Comptroller, Mr. Vice-Chamber- 
 lain, Mr. Secretary Nicholas, and Mr. Secretary Morice, or 
 any Three of them were appointed a Comittee to consider of 
 aU Businesses relating to forrain Plantations, It was this day 
 Ordered, that the Lord Chancellor, the Earle of Portland, 
 and the Earle of Sandwich be added to the said Comittee. 
 
 [p. 127. ll 3.1 
 
 [On the 10th this Committee is directed to meet] every 
 Thursday at Nine of the Clock in the morning at the Councell 
 Chamber at Whitehall. And that the first meeting be on 
 Thursday the 18th of this instant September. [p. 128. f 3.] 
 
 [573.] WhitehaU, 12 September : 
 Virginia. [A petition of Robert Sandford is read and ordered to be 
 
 dehvered to Lord WOoughby of Parham, who is desired to 
 
1662.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 337 
 
 attend the Council on Thursday the 15th instant,] their Lord- 
 shipps intending then to take that busines into consideration. 
 
 [V. 130. U 1.] 
 
 [574.] Whitehall, 15 September : 
 
 By the Committee of the Lords and others of the Councill New 
 
 England and 
 appointed for fforreigne Plantations : — It was this day Ordered, Barbadoa. 
 
 that Colonell fErowd secretary to the CounciU of fforrain 
 
 Plantations do attend this Comittee in the Councell Chamber 
 
 at Whitehall on Thursday the 25th of this instant September 
 
 at Nine in the Morning and bring with him all Orders and 
 
 Papers relating to New England and Barbadoes. [p. 139.] 
 
 [575.] Whitehall, 24 September : 
 
 [On hearing the report of Dr. Exton, Judge of the St. 
 Admiralty, upon a memorial from the Dutch Ambassador 
 in the case of the Orange Tree of Middelburg, taken by 
 virtue of a Portuguese Commission and brought to Plymouth 
 and arrested there for breach of the Navigation Acts, 
 referred to him on 12 September,] It was further resolved 
 by the Boord, That the Issue be whether the said Goods 
 and Merchandizes or any of them, were of the growth 
 of an English Plantation in St. Christophers or laden from 
 an English Port there. And for the better discovery of the 
 truth therein. That the Judge of his Majestys High Court of 
 Admiralty do proceed in due forme in the Examination of 
 such proofes and Witnesses as shall be produced in the said 
 Cause, and make Report thereof to this Boord within Twenty 
 dayes or sooner, that so such further Order may be given 
 therein as shall be just. [f. 346. ^1.] 
 
 [576.] Whitehall, 25 September : 
 
 At the Committee for Plantations : Present : — His Royall New 
 Highness the Duke of Yorke, Lord Chancellor, Lord Privy Barbados 
 Seale, Duke of Albemarle, Earle of Portland, Mr. Treasurer, ®"°- 
 Mr. Vice-Chamberlain, Mr. Secretary Morice. 
 
 23 
 
338 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 The Settlement of the Plantations in New England seriously 
 debated and discoursed and the Lord Chancellor declared 
 then that his Majestie would speedely send Commissioners to 
 settle the respective Interests of the severall Colonies. The 
 Duke of Yorke to consider of the choice of fitt men. 
 
 A Patent of Corporation to be graunted to Rhode Island. 
 
 The Instructions prepared for the Lord Willoughby of Par- 
 ham Captaine Generall of Barbadoes were this day read cor- 
 rected and approved. And it was Ordered that Mr. Attorney 
 Generall do see the same, and also prepare a forme of a 
 Graunt for the said Lord WiUoughby to setle and graunt 
 Lands in the said Plantations.* [p. 147.] 
 
 [C.S.P. II. 320.] 
 
 [577.] Whitehall, 15 October : 
 
 St. [In the case of the Orange Tree, the Judge of the Admiralty 
 
 Christopher. j.gpQj.^gj j ^^g finde that these Witnesses which are examined 
 doe prove the difference in makeing vp of the RoUes of 
 Tobacco made vp by the English in the Enghsh Plantation 
 from those made vp by the ffrench, and other Inhabitants 
 there, that they are easily distinguished one from the other ; 
 the Enghsh makeing vp theirs constantly in short RoUes, and 
 great Twists, and without Molossus, and that the ffrench 
 and other Inhabitants there, doe make vp theirs in small Twists, 
 and long Rolles with Molossus ; And that they haveing been 
 aboard the said Shipp vpon the said Commission of Inspec- 
 tion, did finde a great number of Rolles of Tobaccoes in the 
 vpper part of the said Shipps hold, and that at the least one 
 third part of the said Rolles were made vp in great Twist and 
 short Rolls without Molossus, and to be of the English make, 
 and growth of the English Plantation, and the rest in small 
 Twists and long Rolles, as by the originall Depositions, which 
 I have caused to be brought along herewith will appeare. 
 
 * This entry and that of 15 September are the only Minute.s given of the 
 Committee, though there is a space in the Register where the minutes of the 
 meeting on 2 October may have been intended to go. The Jlinutes of this 
 meeting on 15 September are placed after those of the Council meeting on 
 17 September, as if the clerk had been in doubt whether to insert them, 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 339 
 
 Against which proofe the other partyes are, after Publication 
 to make their defence before Adjudication, if they wiU vse 
 any. Besides, one of the Witnesses produced on the part of 
 De leaker and Company Deposeth, that hee hath seen about 
 12 Dutch Shipps at a time at St. Christophers, and that hee 
 beleives about 30 Dutch Shipps in a yeare are there Laden ; 
 and that another of the Witnesses produced on the same 
 part Deposeth, That the Commodityes growing on the ffrench 
 Grounds and Plantations on the said Island of St. Chris- 
 tophers, doe, and will (as hee beleiveth) lade, one yeare with 
 another about 12 Shipps of ordinary burthen. Other proof es 
 there be, which are made on both sides concerning Sande 
 Point whether the same be in the English Plantation or the 
 ffrench, which I have likewise pervsed, but doe finde that 
 they being different and various will require s'ome further Con- 
 sideration vpon the hearing of Councell on both sides, which 
 said originall depositions I have likewise caused to be brought 
 along with the rest. All which I humbly submitt to your 
 Majesties and your Lordshipps gratious Consideration, John 
 Exton. Vpon due Consideration whereof this Board not 
 finding any just Cause for continuing tlie said Shipp vnder 
 Arrest, [give order for her discharge], [p. 170. ^ 2-p. 172.] 
 
 [578.] Whitehall, 12 November : 
 
 Vpon reading the Petition of John Raynor Esqr., Deputy Newfound- 
 Gouernour vnder the Lord Baltimore, in Newfound-land, 
 Setting forth. That the petitioner at Newfound-land, in July 
 last, seised a Dutch-built Shipp, pretended to be called the 
 John of Topsham, for Trading contrary to the Act of 
 Navigation, having no Certificat to cleare Her ; Which Shipp 
 vpon the said Seysure, was sent for England, to be here pro- 
 ceeded against as forfeyted to his Majestic, and the Seysers. 
 That the said Shipp putting into Dartmouth, was arrested in 
 the name of John Borr of Dublin, (as belonging to himself) 
 by vertue of a Warrant out of his Majestys high Court of 
 Admiralty ; That, vpon that Arrest, his Majestys Councell 
 
340 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 pleaded his Majestys Interest therein, made proof es, and 
 were ready for the Sentence of that Court ; And that the 
 petitioner is Informed, that the Judge of the Admiralty hath 
 made a Report vnto his Majestie touching the said Shipp. 
 And praying that his Majestic would please to heare his 
 Councell m that Court, before any Order be. made vpon the 
 said Report ; [Friday, 14 November,] is appointed for the 
 reading of the Report of the Judge of the Admiralty in 
 the said Cause, at this Board, and for further proceedings 
 thereupon, as shall be thought fitt ; At which time Dr. John 
 Exton (Judge of his Majestys said Court of Admkalty) Sir 
 Robert Wiseman Knight (his Majestys Aduocate) and Sir 
 Walter Walker (one of his Majestys learned Councell) and 
 all other Persons concerned therein, are required to giue their 
 Attendance. [p. 199-] 
 
 [579.] Whitehall, 14 November : 
 St. Vpon the Petition of John Mayer Schipper and De Leaker, 
 
 and the rest of the Owners and Proprietors of the Shipp 
 called the Orange Tree of Middleburgh, Subjects of the King 
 of Prance, and the Lords States of the Low-Countryes, this 
 day read at the Board, Setting forth. That their said Shipp, 
 by Combynation between Captain Downeman and Francis 
 Dorington Merchant, having contynued vnder Seysure in the 
 Port O' Plymouth, without any cause or Colour, for eight 
 moneths space, notwithstanding his Majestys high Court of 
 Admiralty, and this Board, haue severally Ordered her Dis- 
 charge ; And that since the Order of the 15th of October last, 
 shee hath been again Arrested in Ten thousand pounds by the 
 said Dorington at the Suit of Downeman, vpon the same 
 pretensions for which shee was formerly Cleared, And that the 
 said Dorington hath caused the said Schipper to be Arrested, 
 the 3d of this Moneth, by Writ out of the Kings Bench, at 
 Suit of the said Downeman, and layd him in Gaole, with 
 sundry other violent proceedings ; And that besides those 
 Oppressions and Injuryes a demaund was made of 901. ffees 
 pretended to be due to the Vice-Admjrall of Deuon, and hau? 
 
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 341 
 
 Charged the same on the said Shipp ; This Board, having 
 consulted their former Order of the 15th of October last 
 [the release of the vessel is again ordered]. [pp. 203-204.] 
 
 [580.] Whitehall, 14 November : 
 
 [On full consideration of the case of the John of Topsham, Newfound- 
 on the report of the Judge of the Admiralty, it is ordered] ^"^ ' 
 That the said Cause be remitted and left to his Majesties 
 High Court of Admiralty ; And in Case the Court of 
 Admiralty shall Bayle the Shipp, that then they take 
 caution that in what Court soever the Cause shall be 
 Adjudged in that they shall be answerable to stand to the 
 Judgment. [p. 206. ^ 1.] 
 
 [581.] Whitehall, 21 November : 
 
 The Petition of Mary the Relict of John Burghill, Elizabeth West indies. 
 Relict of John Sparkes, George and Thomasine Bradford, 
 Grand-Children of Nicholas Greene on behalfe of themselues 
 and diuers others (who were long time Seruants to the Right 
 Honorable James late Earle of Carlisle deceased) togeather 
 with a Report of his Majestys Attourney Generall being this 
 day read at the Board, It was Ordered that the Petitioners 
 attend the Lord Willoughby of Parham Gouernor of the 
 Careby Islands, &c. and his Lordshipp is desired to Consider 
 of the said Petition and Report, and to returne to this board 
 his Answer, which way the Petitioners shall, or may haue 
 and obteyne due effects of their desires. [p. 224.] 
 
 [582.] Whitehall, 12 December : 
 
 [Robert Downeman having represented that] Forasmuch St. 
 as the Petitioner hath legally proceeded according to his Com- ^ °^ ^^' 
 mission, and hath not imbeazeled or taken any goods as is 
 aUeadged, And that the said Master John Meyer hath 
 acknowledged that the Petitioner hath dealt civilly with him, 
 and that he could not find that any goods were taken out 
 of the Hold, as by Certificate and Depositions is fully proued ; 
 and the Petitioner haueing been turned out of the Orange Tree, 
 
342 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 
 
 if there hath since happened any Imbeazlement he cannot be 
 guilty thereof, And therefore humbly prayed that the like 
 grace and ffavour might be extended to him and his Bayle, 
 as to the Dutch, and that they may be discharged. Where- 
 upon it was Ordered, that in regard the Ship Orange Tree 
 is aUready ffreed and gon for Holland that the Petitioner 
 Robert Downeman and his Bayle be likewise forthwith dis- 
 charged for taking the said Ship, and from any Obhgation 
 entred into by them in the Court of Admiralty to prosecute 
 the said suite Of which not only the Judge of the Admiralty 
 but all others whom it concernes are to take notice and governe 
 themselues accordingly. [p. 250. ^ 1.] 
 
 [583.] Whitehall, 17 December : 
 
 St. Whereas the Petition of John Meyer Master and others 
 
 Owners of the Shipp Orange Tree was read at the Boord, 
 Shewing that part of her Lading to 1200L value and upwards 
 was taken out of her by one Downeman That the Petitioners 
 by the vexatious prosecution of one Dorrington, Bayle in the 
 Court of Admiralty for the said Downeman haue been by the 
 said Arrest danmifyed aboue 3000?. which they did not doubt 
 to recover by due course of Law against the said Dorrington, 
 But the said Dorrington upon divers false Suggestions 
 that Downeman had legally proceeded according to his 
 Commission, and that he had not imbeazeled or taken any 
 of the Petitioners Goods but had used the Petitioners kindly, 
 obteyned an Order to discharge the said Downeman and his 
 Bayle, the Petitioners not being heard therein, And therefore 
 humbly prayed the benefitt of the Lawes to repairs themselues 
 against the said Downeman and his Bayle, Vpon consideration 
 whereof, It was this day Ordered, That the Judge of the 
 Admiralty do consider of the Allegations aboue mentioned, 
 and of the late Order of this Boord of the 12th instant . . 
 and report to the Boord in writing, upon ffriday next the 
 19th present, whether notwithstanding that Order, the said 
 Downemans Bayle be not lyable to all Suites that shall be 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 343 
 
 against him, for any Imbeaaloment or depredations comitted 
 on the Goods of the said Ship, since the taking thereof where- 
 upon the Boord will giue such further Order therein as 
 shalbe fitt. [pp, 252-3.] 
 
 [584.] Whitehall, 4 February : 
 
 The humble Petition of Edward Bushell Merchant being Barbados, 
 this day read at the Board, Complajniing, That he hauing out 
 of meere Charity and Compassion taken into his Service and 
 Imployment one Thomas Bushell, a poore Kinsman of his 
 to doe him good for his better Encouragement and Aduance- 
 ment sent him (some yeares past) beyond the Seas and setled 
 him in the Barbadoes, intrusting him as the Petitioners 
 Servant and Factor, with considerable Cargoes of goods and 
 Summes of Moneys and thereby hath at present in his hand 
 and possession a great part of the Petitioners Estate to the 
 value of 7 or 8000L Sterling, That the said Thomas Bushell 
 hath, contrary to all Bonds and tyes of Duty, and humanity 
 dealt vnfaithfully and ingratefuUy with the Petitioner Con- 
 verting the Petitioner's Estate to his owne vse, and cosum- 
 ing the same. And refuseth not onely to come to an Accompt 
 of what hath beene Comitted to his trust, But assaulted and 
 wounded the Petitioners freinds and Relations imployed and 
 Authorised to call him to such Accompt and the more effec- 
 tually to defraude the Petitioner, and Shelter himseKe from 
 the Ordinary Course of Justice, he hath (with the Petitioners 
 proper Estate) purchased in his owne name A small Planta- 
 tion of 16 Acres in the said Island and thereby made himself e 
 a Freehoulder whose priuiledge is (by the Law and Custome 
 of that Countrey) to be Exempted from Arrests and giuing 
 of Bayles, Whereby the Petitioner (who of late Yeares hath 
 had a Considerable Trade to the said Plantation both in 
 Stock and Shipping) is likely to be despoyled and Impouerished 
 (at least discouraged) in that his former Trade thither, And 
 humbly Praying, That the Lord WiUoughby of Parham, 
 Governor of his Majesties said Island of Barbadoes, Or the 
 President and Councell there, may be Ordered to Secure the 
 
344 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663 
 
 person of the said Thomas Bushell vntill hee conforme to the 
 setling of a perfect Accompt of his trust From the Petitioner 
 and Giueing Satisfaction therevpon, Or vpon refusall thereof, 
 That the said Thomas Bushell be returned for England to 
 answer the Petitioner at Law. [The petition was granted, 
 and directions sent to Lord Willoughby to proceed accordingly, 
 certifying the Board of his action therein] that their Lord- 
 shipps may therevpon giue such further Order by sending 
 for him ouer into England to answer the said Edward Bushell 
 at Law or otherwayes as shall be thought expedient. 
 
 ip. 287. II 2.] 
 [585.] Whitehall, 6 February : 
 
 teTiw^^ [Sir William Compton, Master of the Ordnance, is added 
 England. to the Committee appointed for the affairs of New England.] 
 
 [p. 294. 11 1.] 
 [586.] Whitehall, 25 February : 
 
 Jamaica. It was this day Ordered by his Majestic in Councell, That 
 
 the humble representation of the Officers of Mihtia in Jamaica 
 to the Kings Majestic sent by the Lord Windsor Gouernour 
 there, and by his Lordship deliuered in Councell should be 
 entred in the Register Booke of CounceU Causes. 
 May it please your Majestic 
 
 Wee the Officers of the present Militia, late army, and 
 Gentlemen in this your Island of Jamaica (haueing a iust 
 sence and apprehension of that eminent and general] blessing 
 of your Majesties Glorious Restauration, and of those particular 
 Satisfactions and benefitts which wee haue had thereby) could 
 not longer deferre our humble and gratefuU acknowledg- 
 ments, that our pens (as well as our hearts) might speake our 
 affection and thankfuUnesse, for your Majestys fauour ia 
 owning vs, your bounty in supplying vs, and your gratious 
 and Royall pleasure in Comanding so apt. Worthy and Honor- 
 able a Person as the Lord Windesor to be our Gouernor who 
 hath giuen vs such a foundation of Settlement that we can 
 now call our poore Improuements our owne, when as formerly 
 we were a People Exiled and throwne into all manner of 
 
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 345 
 
 necessities, in the vtmost corners of the earth forgotten (by 
 the difference and distractions of those vnhappy times wee 
 lined in) not only to our friends and the English Nation, 
 but to our owne hopes also, vntill your Majestie was 
 graciously pleased to let your mercy Extend it selfe to another 
 World, and owne vs your Subjects, by those vnlimitted Acts 
 of goodnesse which are onely proper to your Majestie who 
 (aboue all the Princes of the earth) hath learned to Com- 
 miserate the vnhappy, It is vnder your shaddow (our gracious 
 Lord of Jamaica) that we hope to grow, and in time produce 
 such fruits and aduantages to your Majestie and Kingdomes, 
 that posterity will blesse your name for your Princely care in 
 releiuing vs, and prudence ia Inlargeing your Majestys happy 
 Dominions, Our Obligements and humble acknowledgments 
 are (and ought to be) so many, that we dare not further trouble 
 your Majestie, but referr the Exacter accompt of our selues and 
 affaires, to our Noble Lord Gouernor who wee hope God will 
 bring in Safety and health into your Royall presence to assure 
 you by his mouth how passinatly and really wee are. 
 
 Your Majesties gratefuU FaithfuU and humble 
 Subiects 
 
 This Representation was Subscribed by Richard Pouey 
 John Man Thomas Hauriman Wm. Beeston, and foure-score 
 more. [p. 326.] 
 
 [587.] WhitehaU, 11 March : 
 
 This day Mr. Secretary Bennett exhibited this ensuing Plantation 
 Letter* to the Boord, which was read and approued of. And 
 it was Ordered to be entred in the Register Booke of Councill 
 Causes as followeth in haec verba vizt. 
 
 Whereas Wee are certainly informed, that the Spanish 
 Planters of West India haue lately attempted to trade with 
 Our Island of Barbada for a supply of Negro Slaues, and did 
 to that end resort thither, first with their monies onely, and 
 afterwards with both money and other comodities, But then 
 
 * It is not stated in the Register to whom the letter was to be sent. 
 
346 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 departed thence abruptly in greate dissatisfaction, in regard 
 that they were given to understand that they could not 
 lawfully import into that or any other Our American 
 Dominions the Commodities of the manufacture and growth 
 of their Plantations and yet left behind them a promise, that 
 if they might have assurance of free accesse and recesse with 
 their Shipps moneys and Goods, and free Pratique and com- 
 merce with Our Subjects in Our said Plantations, they would 
 make them Martes from whence they would purchase their 
 supply of Negro Servants, and such other European Comodities 
 of all sorts as their owne Plantations may want, and pay Vs 
 a reasonable Custome for the same. 
 
 And whereas Wee find upon good and mature dehberation, 
 that Our graunting of such Assurance as is desired by the said 
 Spaniards may redound not only to the increase of Our 
 Revenue, but also to the signall Advantage of Our good 
 Subjects both at home and abroad, in point of their trade and 
 Navigation, and judging that the cause doth not in any wise 
 crosse the generall or speciall intention of the Act for 
 Navigation. 
 
 Wee haue therefore thought fitt and do hereby declare, 
 That Our Royall WiU and Pleasure is to giue and graunt, 
 and Wee do hereby giue and graunt free hcence and Warrant 
 to any of the Spanish Subjects of America, to come from any 
 Port of America, and to enter into any Road, Port or Hauen, 
 of Our said American Dominions, with their Shipps, Moneys, 
 Bulhon, and Goods, and freely to sell barter, and exchange 
 the same to and with Our Subjects there, and as freely to 
 returne to any of the said Spanish American Ports with their 
 Shipps, and such Goods and Negroes as they shall haue 
 bought in our said Dominion, without any lett trouble or 
 molestation to be made or given by you, or any other Our 
 Officers or Subjects mihtary or civill, whatsoever. And Wee 
 do hereby command that both you and they do lend the utmost 
 assistance for the inviolable observance of this Our Graunt, 
 and free Licence aforesaid, Any thing in the Act of Navigation, 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 347 
 
 or any other Law Statute or Ordinance, or any Letters of 
 Mart or Reprizall given or to be given to the contrary 
 Notwithstanding. 
 
 And Wee do further hereby impower and require you to 
 make and giue free Passeports and protections accordingly 
 to any such Spanish Shipps, Monies and Goods trading to 
 or from any of Our said American Dominions under your 
 Government, when and as often as you shall be thereunto 
 requested and desired. 
 
 Prouided allwaies, that such Spaniards do agree, and 
 accordingly well and truly pay for Our use to such Person 
 or Persons as Wee shall appoint to collect and receiue the 
 same. 
 
 ffor all Goods and Merchandizes whatsoever either imported 
 or exported the same duties of Tonnage and Poundage as is 
 now established by Law in this Our Kingdome of England, 
 to be paid in peices of Eight RoyaUs at the rate of fEour 
 shillings the peice. 
 
 And for every Negro person or Slaue, that the said 
 Spaniards or any other shall transport for any other Port or 
 Place in America, other then such who are actually under 
 Our obedience, Tenn peices of Eight for each Head. 
 
 Excepting allwaies all such Negro-Slaues as are or shall 
 be brought directly or immediatly by Contract made here 
 in England with our Company of Royall Adventurers of 
 England trading to Africa. All which Our Royall Will and 
 pleasure is, shall and may be free exported without the 
 payment of any Duty or Imposition whatsoever to Vs or Our 
 Successors. 
 
 And further Our will and Pleasure is, and Wee do hereby 
 require you to giue your expresse Order and assistance to 
 Our Collectors, and other Officers of Our said Customes, That 
 no Negro Persons be exported from any the Islands or places 
 within your Government under pretence of furnishing any 
 Plantation of Our owne American Dominions, untill the 
 
348 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 transporter or Lader of them shall haue first given good and 
 sufficient Security by Bond to the use of Vs and Our Suc- 
 cessors, that he will returne Certificate within a Competent 
 time from the place to which they are bound that the said 
 Negros are there landed and disposed of to the use of the said 
 Plantations. 
 
 And Our further wiU and Pleasure is, and Wee do hereby 
 strictly command and enjoyne you, and aU Our other Ministers 
 and Officers under you, that you do not permitt or suffer 
 any Goods, Monies, or Merchandizes whatsoever, that shall 
 be so imported on Spanish Ships by virtue of this our Licence 
 to be reshipt and exported thence, on any other Shipps or 
 Vessells, then those, that do and shall properly belong unto 
 Our Subjects of England, and for which the Merchants and 
 Laders thereof, and the Commanders of the said Shipps and 
 Vessels do giue you good security by Bond to our use, that the 
 same shall be brought into Our Kingdome of England directly 
 and there landed, and not elswhere. 
 
 And further Our Will and Pleasure is, that you giue to the 
 Commanders of every such Ship a Certificate of the quantity 
 and quality of all such monies. Bullion Goods and Merchan- 
 dizes as he shall haue given you such security for, to the end, 
 that the same might be exhibited to the cheife Officers of Our 
 Customes here in the port, where the same shall be entred and 
 landed. 
 
 Prouided allwaies that the King of Spaines Subjects shall 
 not by virtue or colour of this Our Licence be permitted to 
 import into our said Island of Barbada, or any other Our 
 American Plantations, any Goods, Ware or Merchandizes 
 whatsoever of the Growth or manufacture of Europe Asia, 
 or Africa, It being the true intent of this our gratious Licence, 
 that the said Spaniards shall import no Goods or Merchandizes 
 whatsoever, saving only such as are the proper product of the 
 Spanish American Plantations. Prouided also that the said 
 Spaniards, shall not by virtue of this Our Licence haue Liberty 
 to export from any of Our American Plantations any 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 349 
 
 Comodities whatsoever of the product of Our said Plantation, 
 sauing onely such necessary provision, as shall be requisite 
 for the feeding of themselues and such others as they shall 
 transport from thence. [pp. 336-338.] 
 
 [588.] Whitehall, 13 March : 
 
 [Upon the petition of William Chamberlain and Tobias Frere, Barbados, 
 permission is granted to export fifty geldings for the use of 
 their Plantations in Barbados] Provided that they do not 
 exceed the prize of about seauen pounds each Gelding ; nor 
 transport Stone-horse or Mare. [p. 340. ^j 3.] 
 
 [589.] Whitehall, 10. April : 
 
 A Letter from New England and several Instruments and J^ew 
 
 . . . England. 
 
 Papers being this day read at the Board, (his Majestic present 
 in Councell) did declare that he intends to preserve the Charter 
 of that Plantation and to send some Commissioners thither 
 speedily to see how the Charter is maintayned on their part 
 and to reconcile the differences at present amongst them. 
 
 [p. 384. Tj 2.] 
 [C.S.P. II. 437.] 
 [590.] Whitehall, 15 April : 
 
 Upon reading the humble Petition of Henry Janson Dr. Barbados, 
 of Laws concerning a Grant made to him of all the Wasts 
 and Illegal Incroachments in and about the Island of 
 Barbado's. It was Ordered (his Majestic present in Councell) 
 That the said Dr. Janson, Mr. Kendall, and all others therein 
 concerned do attend this Board on ffryday the 24th of this 
 Instant Aprill, and that the said Dr. Janson do give timely 
 notice thereof to the said Mr. Kendall, giving or leaveing for 
 him a copy of the said Petition. [p. 387. ^ 3.] 
 
 [591.] Whitehall, 29 April : 
 
 [In the matter of Dr. Janson's petition] touchmg a Bill Barbados, 
 prepared to passe his Majesties Signe Manuall, for a grant 
 pf all wast grounds, unplanted and unoccupyed in the 
 
King 
 David. 
 
 Jamaica. 
 
 350 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 Barbado's, not heretofore graunted and which cannot be 
 Claimed by the limits of the first Plantation, ... It 
 was Ordered, that the said grant be and hereby is cessated 
 and layd aside, and that there be noe further proceedings 
 therein. [p. 391. ^ 1,] 
 
 [592.] WhitehaU, 20 May : 
 
 The Board being informed by the Farmers of his Majestys 
 Customes, That a Ship called King David (returned from 
 Virginia) with her Lading and Tackle was seised neare vnto 
 Yarmouth on Saturday last, by two or three persons who 
 produced Deputations from the Earle of Berkshire And that 
 Walter Senserfe Master of the said Shipp hath made no entry 
 of the said Ship and goods for that they are vnder seisure, 
 [the persons who seized the ship are required to appear before 
 the Board to explain their conduct, producing the deputation 
 under which they profess to have acted : and meantime the 
 ship is to be freed from arrest]. [p. 408. ]f 1.] 
 
 [593.] WhitehaU, 1 June : 
 
 The right honorable the Lord Privy Scale representing to 
 his Majestic, that he had receiued a Warrant of an extra- 
 ordinary nature authorizing the Officers of the Exchequer to 
 passe and allow the Accounts of the Lord Windsor according 
 to the State thereof presented to his Majestic under the hand 
 of the Auditor of the Imprest being for Seaventeene Thousand 
 Six Hundred Sixty Three pounds. Ten shiUings part of Twenty 
 One Thousand Two Hundred pounds imprested to the said 
 Lord Windsor for the Service of Jamaica, his Majestie being 
 satisfyed with his care in the disposition of the said monies, 
 With his Majesties Declaration, that for the further Summes 
 of Three Thousand pounds or value thereof in Goods 
 alleadged to be left in Jamaica towards buying of Negroes, 
 and ffiue Hundred Twenty Seaven pounds Eleaven shillings 
 Eight pence with Sir Charles Littleton Deputy Governor 
 there towards the building of the ffort Charles, the said Lord 
 Windsor shall remaine still charged therewith, untill by good 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 351 
 
 Evidence it shall appeare [that these sums have been 
 employed according to his Majesty's instructions], And that in 
 regard of the distance of place Processe be staid from time to 
 time as to the Lord Treasurer and Chancellor, and other the 
 Officers of the Exchequer shall seeme reasonable and convenient. 
 Which the Lord Privy Scale acquainted his Majestic that it 
 was an unusuall manner of passing Accounts in the Exchequer, 
 And therefore desired his Majesties further Pleasure therein 
 before he affixed the Privy Scale thereunto Whereupon the Lord 
 Treasurer hauing reported the whole state of the busines to 
 his Majestic in Councill, His Majestic was pleased to Order 
 that the Lord Privy Seale do cause the said Warrant to passe 
 the Privy Seale, And that this Order should be his Lordships 
 sufficient Warrant and discharge for so doing. [p. 421. ^ 1.] 
 
 [594.] Whitehall, 10 June : 
 
 It was this day Ordered That Mr. Mariott Steward to the Carolina 
 Duke of Norfolke do forthwith deliver to his Majesties 
 Attorney Generall a Patent graunted in the yeare 1629 to 
 Sir Robert Heath concerning the Plantation of Carolina, 
 together with certaine Articles relating thereunto, by the said 
 Sir Robert Heath to be performed. Which afterwards he did 
 assigne over to the Ancestors of the now Duke of Norfolke, 
 to be perused by him the said Attorney Generall. 
 
 It was this day Ordered, That upon Mr. Mariotts delivery 
 of a Patent to Mr. Attorney Generall graunted in the yeare 
 1629 to Sir Robert Heath concerning the Plantation of Caro- 
 lina, together with certaine Articles thereunto relating. That 
 Mr. Attorney Generall do consider thereof and informe himseK 
 how those Articles haue been performed, and to make a 
 speedy Report in Writing to the Boord. 
 
 [p. 428 TIT] 1 & 2.] 
 
 [595.] Ibid. 
 
 Whereas a Report of his Majesties Councill for forrain Barbados, 
 plantations concerning an Order late made by the Deputy 
 
352 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 Governor of the Barbada's, was this day read at the Boord 
 as foUoweth in hsec verba 
 
 May it please your Majestie 
 
 The Merchants and Traders to your Majesties Plantation 
 of Barbada's haue lately represented to this Council! a 
 state of certaine Greivances which they ly under by reason 
 of the delay of Justice, and the legall proceedings of 
 that Island for recovery of Debts and rights there. 
 
 The said Merchants do more particularly and especially 
 complaine against a late Order made in that your 
 Majesties Island by the President and Councill there, 
 whereby upon the petition of a small number of indebted 
 persons of Three Parishes only, there being Thirteene 
 parishes in the said Island, The said President and Coun- 
 cill do Order, That the respectiue Judges in the seuerall 
 Precincts do adjourne and make generall stay of all Pro- 
 ceedings of their respectiue inferiour Officers there with- 
 out the consent of the Assembly there, As by a Copy of 
 the said Order annexed hereunto appeares. 
 
 Vpon which your Majesties said Councill did Order a 
 Committee of that Councill to attend the Lord Willughby of 
 Parham and acquaint his Lordship with the said Order, 
 and to know if his Lordship had any Accompt thereof 
 from the said President and Councill, His Lordship 
 declared That he only heard of such an Order by seuerall 
 Complaints made to him, but had receiued no other 
 Account thereof but declared his dislike of the thing. 
 
 Your Majesties Councill hauing a deepe sense of the 
 evill consequences that might ensue upon such vnpresi- 
 dented Proceedings did thinke it their duty to enforme 
 themselues fully in point of fact. And upon information 
 of sundry Merchants and others, and the perusall of 
 seuerall Letters and Papers, Do find 
 1st. That there are Thirteene Parishes in the said Island, 
 That the Petitioners were but a few of the most indebted 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 353 
 
 persons of Three of those Parishes, That the President 
 himself and seuerall of the Councill are much indebted, That 
 the ground of that Petition being the drynesse of the Season, 
 by reason of which there would be a scarcity of Sugar and 
 so the Planter disabled to pay his debts, was not considerable 
 as is pretended, for that it is affirmed, the season was not so 
 dry but that there was the Hopes of a plentiful! Crop in most 
 parts of the Island That although the Stop of Justice was 
 but untill the Assembly could be convened. Yet it being in 
 the Presidents power to call the Assembly, he might (and it 
 is suspected) would delay the calling the said Assembly untill 
 the Crop were over, Or that it were to late for the Courts to 
 make any Judgments to be executed upon that Cropp. 
 
 2 That in pursuance of the said Order certaine Merchants 
 hauing obtejTied Judgment and Attachments were imprisoned 
 for refusing to returne the Goods in their possession already 
 executed. 
 
 That the Planters generally take advantage of the said 
 Order and refuse to pay their Debts and dispose their Sugars 
 to their owne particular Accompts. 
 
 That the ffactors take advantage likewise thereof, and 
 deteyne from their Principalis here the effects in their hands 
 and convert the same to their owne uses leaving their Prin- 
 cipalis without returnes to their very greate Losse and 
 Dammage. 
 
 Your Majesties said Councill do find just cause to suspect 
 That the said President and some of the Councill being 
 deeply indebted did take hold of the said Petition aswell to 
 avoid the payment of their owne debts as to gratefy the 
 Petitioners. 
 
 Your Majesties said Councill do likewise find That the 
 Merchants of this Citty using that Trade are generally 
 discouraged, and at a greate Stand whether to trade further 
 to the Plantations by reason of this stop of Justice, to the 
 greate dammage of your Majesties Customes and discourage- 
 ment of Navigation. 
 
 23 
 
354 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 That seuerall Owners and Masters of Ships and Seamen 
 using that trade are much disheartned by reason of the said 
 Stop of Justice there, ffor that the Merchants dare not 
 adventure to undertake ffreight either out, or home. 
 
 Vpon the whole matter your Majesties said CouncUl of Plan- 
 tations are of opinion. That the Stop of Justice by the 
 said Order of the President and CounciU of Barbada's is 
 without Precedent and of such evill Consequence, That 
 (unlesse immediatly prevented) will not only endanger the 
 ruine of the same, but also of all other your Ma3esties 
 growing Plantations in America. 
 
 It is therefore the humble advice of your Majesties 
 said CounciU That your Majestie will forthwith by some 
 publique Order revert the said Order of the said Presi- 
 dent and CounciU, prohibiting the Course of Justice 
 in your Majesties said Island, and to forbid the Kke for 
 time to come upon some severe penalty, And that your 
 Majestie will giue Liberty to aU Merchants and others 
 who haue suffered by the said Order or stop of Justice 
 thereupon to take their legaU Remedy and course, against 
 the Makers of that Order for their reparations (they hauing 
 no authority for the same) And that they may be remoued 
 from their present Imployment, And that your Majestie 
 will giue such further directions for the quickening of 
 the Proceedings of the Courts of Justice in the said 
 Island, and your Majesties Plantations in generaU, as 
 your Majestie shaU in your RoyaU Wisedome thinke 
 meete. 
 
 Signed : — Windesor, Jo Berkley, Jo CoUeton, Alexr 
 Howe Edw Diggs Edw WaUer, Tho. KendaU. 
 
 At a meeting of the honourable the President and 
 CounciU the 10th of March 1662 
 
 Vpon Consideration had on the seueraU Petitions of the 
 Inhabitants of St. Andrews, St. Peters, and St. Lucy, and 
 of the common calamity of this Island at the present. It is 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 355 
 
 ordered by the President and Councill, That the respectiue 
 Judges in the seuerall precincts do adjourne their Courts and 
 make stay of all Proceedings of their respectiue inferior Officers 
 untill the aforesaid Petitions, and the said necessities of the 
 Island can be represented and considered of by themselues, 
 with the concurrence of the Assembly at their next meeting, 
 And that a true Copy of this Order be immediatly presented 
 to the seuerall Judges. 
 
 Which their Lordships taking into their serious con- 
 sideration, together with the said Order of the President and 
 Councill of the Barbado's of the Tenth of March, 1662, Did 
 order that the busines be recomended to the care of the Lord 
 Willughby, And it is hereby in a speciaU manner recommended 
 to his Lordship not only to examine the particulars of those 
 Greivances, but to giue effectuall and speedy redresse therein, 
 according to Justice and Equity. [pp. 428-431.] 
 
 [596.] Whitehall, 10 June : 
 
 Upon reading this day . . the Petition of Mary Burghill and Barbados. 
 Elizabeth Sparks widdowes Servants of the late old Earle 
 of Carlisle on behalf of themselves and other his servants 
 Their Lordships did appoint to heare the busines upon fEryday 
 next And it was Ordered, That the Lord Willughby see 
 
 the Petition and have notice given him, that he is desired to 
 be then present. [p. 431. ^ 1.] 
 
 [597.] Ibid. [Cf. 123.] 
 
 [John Tatlow and Thomas Escott, who seized the ship Ship King 
 
 "- ^ David. 
 
 King David at Yarmouth, having refused to obey the 
 Order of 20 May for their appearance before the Board, a 
 warrant is issued to Edward Flower, one of the messengers 
 of his Majesty's Chamber, to take them into custody and 
 produce them before the Council to answer their misdemeanours 
 and contempt.] [p. 432. ^ 1.] 
 
 [598.] Whitehall, 13 June : 
 
 This day these Instructions following for the Lord West Indies, 
 
356 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 Willughby of Parham were read at the Boord, and approued, and 
 Ordered to be entred in the Register Booke of Councill 
 Causes. 
 
 1. You shall with all convenient speed, make your Repaire 
 to some place within Our Commission mentioned, that you 
 may the better put the same in execution, you shall as soone 
 as you shall judge necessary, giue Commissions and Deputa- 
 tions, to such person or persons, as you shall thinke fittest 
 for the good Government of the seueraU Islands and Colonies 
 under your Command, with such Powers as you are inahled 
 to giue by Our Letters Patents, or so many of them, as you 
 shall find requisite for the good Government of Our loving 
 Subjects, and with such Instructions, not contradicting these 
 given by Vs to you, as shall be by you thought fitt. 
 
 2. You shall with all Skill and force (if need so require) 
 defend the Rights, Priviledges, and Prerogatiues of Our Crown 
 in those Our Dominions, and provide (as well as you may 
 without breaking any League or Peace between Vs and other 
 Princes) that no Stranger Subject of any other Prince, or 
 State do inhabit or possesse themselues of any of those places 
 in Our Graunt conteyned, but such as shall acknowledge Our 
 Soveraignty there, and that Our owne naturall Subjects be 
 put in Remembrance of the Duty they owe Vs, and kept ia 
 the same, that all Officers military and civiU, and all hauing 
 ecclesiastical! promotion do at their entring on the same take 
 the Oathes of Allegiance and Supremacy, which they shall 
 be bound to repeat, when you shall judge it convenient. 
 
 3. You are to take speciaU care, that the Gospell be 
 preached and propogated according to the Doctrine of the 
 Church of England that divine Service be decently, and 
 reverently celebrated, and the Sacraments duly administred, 
 that there be a setled Provision for the good incouragment 
 and invitation of learned and Orthodox Ministers, and that in 
 the seuerall Islands, you sett out such Bounds for parishes, 
 and erect such Churches, as may be decent for the service 
 of God, and convenient for the People to meete in, and that 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 357 
 
 you shall present or collate Clerks to aU such Churches, aswell 
 as to those aheady builded, who shall be knowne or recomended 
 to you for Loyalty, Learnmg and Piety. 
 
 4. You shall be vigilant and carefuU to prevent and suppresse 
 all Pactions and Seditions, and that Our Subjects may be the 
 more inclined to peaceable Living, you shall appoint such 
 Judges and Justices as are of knowne ability, and integrity, 
 and see, that great Care be had, that Justice be uprightly, 
 indifferently, and with ease administred to aU our good People, 
 and you are to erect such Courts and Offices as shall be 
 necessary for the same. 
 
 5. You are to apply yourself to aU prudentiall meanes to 
 advance the Wealth and Prosperity of those Our Domiaions 
 both within themselues, and rendring them useful! to England, 
 and to aU other Our Territories and Colonies, to which end 
 you shall endeavour to advance both in price and goodnes, 
 the Comodities of the Growth and manufacture of those Our 
 Islands, and to giue all Encouragement to such as shall find 
 out waies for enriching the said Colonies. 
 
 6. You are to take special! care of the Revenue, that is, and 
 that shall become due to Vs in the seuerall Islands and Colonies, 
 and that by aU good and lawfull meanes you improue the 
 same, that as Our good Subjects in those remote parts, are 
 neere Vs in afiection, they may be made sensible that some 
 Returne of Profitt, as weU as Duty ought to be made Vs for 
 our continuaH and unwearied care of them, And that the 
 benefit thereof may redound to Vs, you are further required 
 to appoint Customers, Collectors, Receivers, Treasurers, and 
 such other Officers, as you shall thinke necessary, and to 
 erect Offices in so many places, and under such Rules and 
 ffees, as may be fittest for 0\ir Service, and that of all Receipts 
 and Accompts, faire Books be kept, of which Copies shall be 
 transmitted to Vs, or whom Wee shall appoint at the least, 
 once every yeare. 
 
 7. You are to take care that the seuerall Islands, Harbours, 
 and Shores be well fortifyed, as the nature of the place, and 
 
358 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 number of the People will permit, and that the seiieraU places 
 and Islands be sufficiently furnished with Ordnance, Armes, 
 and Amunition, and other warlick provision, and our good 
 Subjects the Inhabitants be put under able, and expert Com- 
 manders, such as you shall judge well affected to Vs, and the 
 peace of Our Dominions, and that both Officers and Souldiers 
 be diligently exercised in Armes, and Our Pleasure is for the 
 raising of such fforts and Castles as shall be needfull to defend 
 Our seuerall Islands, or any Stations for Shipping trading 
 there, that you take so much of Our Revenues (not being 
 of the Moyety assigned to the Creditors of the late Earle of 
 Carlisle) in those seuerall places as shall be requisite, the 
 Accounts of which expence together with your Certificate 
 annexed shall be a sufficient discharge to you for so much 
 expended in that Our Service, as if it had been paid to Vs. 
 
 8. You shall keepe good Intelligence and Correspondence 
 with the seuerall Governors of Our America Dominions, in 
 such* sort, as you be a Help, Comfort, and Assistance the 
 one to the other. 
 
 9. You are required, that the Indian Natiues (especially 
 those of St. Vincents and Dominico, which haue many times 
 invaded Our Subjects in those Islands) be either by force or 
 Treaty kept from doing further harme to Our Colonies already 
 setled, or such as shall be thought fitt to settle, to which pur- 
 pose. We giue you full power to treat with, and make such 
 Agreement with these People as shall be most honorable for 
 Vs, and in case you shall find them injurious or contumatious, 
 you haue free Leaue and power to prosecute them with fire 
 and sword, and aU such wayes, as in Warr are usuall, both by 
 Sea and Land, Which said Warr or Peace, without any par- 
 ticular Commission from Vs, shall be made, as you in your 
 Judgement shall thinke fittest for Our Service. 
 
 10. You shall informe your seK of the Conditions of these 
 Colonies, which are subject to other Princes in America, and 
 particularly those of the King of Spaine, their Strength by 
 Land and Sea, Scituation of their Territories, Townes and 
 
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 359 
 
 ffortifications, their Manner of Commerce, and Living, the 
 Advantages and Disadvantages, Wee may receiue from them, 
 or they from Vs, of all which you are required frequently to 
 giue Vs advise. 
 
 11. You are further required, and hereby Power is given 
 
 to you, to make such Graunts of Land as shall be most for 
 
 Our profitt, and conducible to the well setling and peopling 
 
 those Our Islands, and since it seemes requisite, that the 
 
 Occupiers and Possessors of Land need further Confirmation 
 
 from Vs, we giue you fuU Power as from Vs, further to graunt 
 
 and confirme the same for such Consideration, and under 
 
 such Covenants, Conditions, and Reservations, as betweene 
 
 you and the respectiue Parties shall be agreed on. And you 
 
 haue hereby further Power and Authority, and are required 
 
 for the setling the minds and Estates of Our good Subjects 
 
 there, to assure them for Vs and in Our name, that such 
 
 Graunts and Confirmations, shall be, and be esteemed good, 
 
 and binding to Vs Our Heires and Successors, and that they 
 
 their Heires and Assignes shall peaceably enjoy the said 
 
 Estates, so graunted or confirmed. Provided you graunt not 
 
 more then Ten Acres for every Christian Servant, who shaU 
 
 within the space of Two yeares be sett on such Island, where 
 
 the Land is graunted, and to continue there during the usuaU 
 
 time of Service, this quantity of Land to be observed in such 
 
 Islands, where any English Colony is now setled, but for the 
 
 incouragement of such as shall plant on any desolate, or Indian 
 
 Island you may graunt any quantity of Land not exceeding 
 
 ffity Acres by the Head, aU the said Graunts to be made with 
 
 reservations, that the Grantees, and their Assignes do pay 
 
 such Rents, Dues, Duties, and Customes, as are now payable 
 
 or shall hereafter be agreed to be paid to Vs, 
 
 12. You are required to put an Act of Parliament in 
 Execution, entituled, An Act for the Encouragement and 
 encreasing of Shipping and Navigation ; neverthelesse Our 
 intent and Pleasure is, that you be permitted to giue Wood 
 and Water and such Ships provision, as the Subjects of any 
 
360 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 in amity with Vs, shall stand in need of, and Our further 
 Pleasure is, that if any of the King of Spaines Subjects shall 
 offer to trade with you for Pearles, Gold, Silver, or any other 
 rich Commodity, which is not usuall in these Our Islands, 
 and which may in probability inrich Our Subjects, and he 
 an occasion of importing Bullion to Our Mint, that you may 
 accept of such Traffique, giving for the same, Slaues, or any 
 Commodity, which shall haue been in English Bottomes 
 transported to those Our Islands, but that you part not with 
 their natiue Comodities to Strangers vizt Ginger, Sugar, 
 Indico, Tobacco, or Dying Wood, but that the Trade for 
 the same be, as by the aboue-mentioned Act is appointed, 
 and that there be no abuse in the Trade aboue permitted. Wee 
 require that no person presume to use the same, but such as 
 shall be authorized thereto under your Hand and Scale, or 
 under the Hands and Scales of such Deputy or Deputies to 
 whom you shall giue such Power and Commission, In which 
 affaire you are to governe your self by Our former Warrant 
 dated the — day of — concerning that Trade with the King of 
 Spaines Subjects. 
 
 13. Whereas you haue been present your self at seuerall 
 Debates in Our Councill of Plantations upon the finding out 
 some Expedient, by which both Merchant and Planter might 
 be encouraged in car.ying on the Trade and Manufacture of 
 Sugars, and preventing the same from being become a Drugg 
 of small value, and to that purpose, that a Price might be 
 agreed upon, at which all the Sugars growing upon that Our 
 Island might be taken off, in all which Wee thought not fitt 
 to make any Conclusion, till the same may be deliberately 
 weighed and adjusted by the Persons concerned upon the 
 Place, Wee do therefore recommend the Consideration of the 
 premisses to your Wisedome and Care, that first before Our 
 Councill there, it may be entred upon, and prepared to be 
 discussed in Our generall Assembly, to the end you may 
 propound such Rules and Orders thereupon, as you find fitt 
 for the advancement of that Our Plantation, and if reasonable 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 361 
 
 Prices be set, Wee will upon Representation made to Vs 
 recommend it in such manner to a Body of good and sub- 
 stantial! Merchants, that the whole Growth of Sugars shall 
 be taken off, constantly at the prices so to be agreed on. 
 
 14. And Whereas Wee find that Our Revenues are 
 diminished, and Wee are defeated of a greate part thereof, 
 by reason that divers Ships and Vessells which do come to 
 Our Islands from other Countries haue not paid any Customes 
 or Duties here, nor in any of our Dominions for the Goods 
 and Commodities, which they bring unto Our said Islands, 
 you are therefore hereby authorized, and impowered, that 
 of all such Ships and Vessells, which shall hereafter come unto 
 Our said Islands for all such Goods and Comodities which they 
 shall bring thither and for which they shall not haue paid Our 
 Customes and Duties in England, You and your Officers, and 
 Agents shaU and may demand take and receiue such and the 
 same Customes and Duties as are established and appointed 
 by Our Bookes of Rates in England to be paid and receiued 
 here, for all such Goods and Comodities so to be hereafter 
 brought unto Our said Islands or any of them. An Account 
 of which Duties must be kept apart, and sent to Our High 
 Treasurer once every yeare at least. 
 
 15. Lastly you shall use your best Endeavour, and shall 
 employ all your SkUl, CouncUl, and fforce to maineteyne and 
 advance Our Royall Dignity, Interest, and Profitt in those 
 Islands, to preserue Our good Subjects there in Peace and 
 Safety, and to encrease the Riches of the same, And Wee giue 
 you free Leaue and Power to impart or keepe private such 
 and so many of these Our Instructions, as you shall judge 
 fittest for Our Service, and in case for the ends aforesaid, you 
 shall finde any other, or further Powers requisite, you shall 
 advise Vs thereof, and you shall follow such further Instruc- 
 tions, as you shaU from time to time receiue from Vs. 
 
 [pp. 436-7.] 
 [C.S.P. II. 489.] 
 
362 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 [599.] Whitehall, 13 June: 
 Caribbee His Majestie hauing this day in Council! heard the seuerall 
 
 pretensions of the Earle of Kenoul the Lord Willughby of 
 Parham, and all others who claime Title or Interest in the 
 Caribdee Islands under any Graunt from the late King of 
 blessed memory to the late Earle of Carlisle deceased, or from 
 any Graunt or Right, before the said Graunt to the said 
 Earle of Carlisle ; Vpon serious deliberation thereof, and how 
 the said pretences might be best setled to their Satisfactions, 
 His Majestie declaring, that though he may legally avoid the 
 said Graunt made to the said Earle of Carlisle, as he is advised 
 by his learned Councill, and hath beeen petitioned so to do, 
 by the Planters and Proprietors of the said Island, and which 
 they offered to do at their owne charge, on his Majesties behalf, 
 by which all Graunts made by the said Earle of Carhsle, 
 and those who claime under him would likewise be avoyded, 
 and notwithstanding, that the Creditors of the said Earle for 
 whose Satisfaction he principally provided, haue not receiued 
 the least part of their Debts or Interest since the death of the 
 said Earle, which hapned many yeares before the Troubles ; 
 yet his Majesties Royall intention is, that before he assume 
 to himself any Benefit from, and within the said Islands, 
 he will cause such satisfaction to be made to the seuerall 
 Creditors, and all the other Interests, as may consist with 
 equity and good conscience, And therefore his Majesty by 
 their Lordships advice was pleased to declare and Order. 
 
 That the annuall Profits which shall arise from the 
 Planters Merchants and Inhabitants of the Caribdee 
 Islands, and be payable to the Crowne shall be divided 
 into Two parts 
 
 The one Moyety whereof shall be duly receiued by the 
 said Lord Willughby of Parham to his owne use during 
 the Remainder of the Lease by which the same is demised 
 unto him ; and after the Expiration of that terms, 
 the said Moyety of the Customes is to be entirely 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 363 
 
 reserved in his Majesties dispose towards the support 
 of the Government of the said Islands, and to such other 
 purposes as his Majestie shaU please to assigne the same. 
 
 The Second Moyety shall be thus disposed of yizt. 
 
 1. To the Earle of Marleborough ffiue Himdred 
 pounds per annum during his Life ; and after his 
 Decease to his Vncle William Ley Esqr during his Life ; 
 Which Annuity of ffive Hundred pounds to the said 
 Earle and his Vncle William Ley, is to be paid yearely 
 by way of preference before any of the following 
 Assignements to the Earle of Kenoul or the Creditors, 
 The same being agreed by the late Earle of Carlisle 
 before the Graunt of his Letters Patents, to be paid 
 to James Earle of Marleborough Lord Treasurer of 
 England, and Grandfather to the present Earle. 
 
 2. Secondly to the Earle of Kenoul ffiue Hundred 
 pounds yearely untih such time as all the Creditors of 
 the late Earle of Carlisle be fully satisfyed. Which said 
 ffiue Hundred pounds is to be paid yearely before any 
 thing be receiued by the Creditors of the said Earle of 
 Carlisle towards satisfaction of their Debts, And after 
 the Debts to those Creditors shall be fuUy discharged, 
 the Earle of Kenoul is to haue One Thousand pounds 
 per annum to himself and his Heires for ever. Which said 
 Fine Himdred pounds per annum for the present and 
 the making up the same One Thousand pounds per 
 annum after the Debts paid is in consideration of the 
 Surrender of the said Patent graunted to the Earle of 
 Carlisle, the Remainder of the said Graunt being in the 
 said Earle of Kenoul after the Debts paid. 
 
 3. And though his Majestie will not interrupt the 
 payment of the said Creditors by charging this Moyety 
 with more than the said ffiue Hundred pounds to the 
 Earle of Marleborough, and the said ffiue Hundred 
 pounds to the Earle of Kenoul, untill the said Creditors 
 
364 ACTS OF THE PRIVY COCJNCIL (COLONIAL). [1663. 
 
 be satisfyed their full Debts. Yet his Majesties further 
 Pleasure is, for divers reasons him thereunto moving, 
 that from and after the expiration of the present 
 Lease of the first Moyety to the Lord Willughby, the 
 said Earle of Kenoul shall, out of that Moyety so 
 enjoyed by the Lord Willughby during his terme, and 
 reserved afterwards for his Majestie for the support 
 of the Government, and other uses, Receiue the yearely 
 Summe of ffiue Hundred pounds to make up the Summe 
 of One Thousand pounds per annum till the Creditors 
 are satisfyed out of the other Moyety ; His Majestie 
 never intending that, that Moyety now enjoyed by the 
 Lord Willughby, shall be enjoyed by succeeding 
 Governors His Majestie vouchsafing it to the Lord 
 Willughby for very extraordinary Considerations. 
 
 4. Fourthly to the Creditors of the said Earle of 
 Carlisle their Executors and Assignes named in an In- 
 denture and Schedule thereunto annexed bearing date 
 the 29th of August 1649 betweene the said Earle of 
 Carlisle and the Lord Willughby of the one part, and 
 Wilham Latham and divers others Cieditors of the other 
 part, they hauing voluntarily submitted to abate one 
 Third part of the PrincipaU Debt due to them by the 
 said Earle, which amounts unto the Summe of Thirty 
 Seaven Thousand, Seventy ffour pounds Nine Shillings 
 and Six pence. It is Ordered That the other Two parts 
 , . . be paid to them in Goods and Commodities upon 
 the said Islands according to such Rates and Valuations 
 as Merchants trading there do usually take off the same ; 
 as the said Debts hath beene adjudged to them by 
 seueraU Decrees in Chancery Securities or Agreements 
 majde with the said Earle of Carlisle, Lord Willughby, 
 or either of them. The distribution of which Two 
 Thirds amongst the said Creditors is to be made 
 according to the proportion and precedency mentioned 
 in the said Indenture of the 29th of August 1649. 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 365 
 
 Which Second Moyety of the Customes of the said 
 Caribdee Islands after satisfaction of the said Creditors 
 is likewise to revert to the Crowne, Excepting onely the 
 Thousand pounds per annum gruanted in perpetuity to 
 the Earle of Kenoul and his Heires. 
 
 And such Letters and Instructions to the Lord 
 WiUughby shall be sent or such further Graunts shall 
 be provided by Mr. Attorney Generall to the seuerall 
 Persons for enjoying what is setled by this Order as 
 the seuerall Persons concerned shall desire, [pp. 436-439.] 
 
 [C.S.P. 11. 482.] 
 [600.] Whitehall, 19 June : 
 
 Upon representation this day made to his Majestie in Jamaica. 
 Councill of the Condition of the Island of Turtudos by 
 ColoneU Doyly late Go-^ernor of Jamaica It was Ordered 
 that the busines of the said Island be taken into considera- 
 tion, when his Majesty shall send a new Governor to Jamaica. 
 
 [p. 444. II 4.] 
 [601.] Whitehall, 24 June : 
 
 A Minute of Letters to the seuerall Governors of Plantation 
 
 Trade 
 
 his Majesties Plantations in America, vizt 
 
 Sir William Berkeley Virginia 
 
 Philip Calvert Esqr. Maryland 
 
 Lord WUlughby of Parham Barbado's 
 
 Colonel William Watts St. Christophers 
 
 Colonel James Russell Governor of Me vis 
 
 Colonel Roger Osborne Mountserat 
 
 John Bunckley Esqr. Antegoa 
 
 Colonel William Byam Surinam 
 
 Sir Charles Littleton Jamaica 
 
 New Engla-nd 
 
 Whereas by a late Act of Parliament entituled an Act 
 for encouraging and encreasing of Shipping and Navigation 
 all forrain Trade is prohibited to any of his Majesties Plan- 
 tations, and all those of his Majesties Subjects that saUe 
 
366 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 unto any of them are required to giue security to retume 
 with their Lading for England, Ireland, Principality of 
 Wales, or Towne of Berwick upon Tweed, as in the said Act 
 is expressed, with strict comand unto the Governors of the 
 said Plantations to see the same performed accordingly, 
 with greate penalties upon such Governors as conniue, or 
 neglect putting the said Act in execution, who are enjoyned 
 also to take Oath that the said Act be punctually observed. 
 Yet being informed by Masters of Ships, and others trading 
 to Virginia, Maryland, and other his Majesties Plantations 
 of many neglects or rather contempts of his Majesties Com- 
 mands for the true observance of the said Act (which so highly 
 concernes the encrease of Shipping, and the regular trade 
 of his Majesties Plantations, together with his Revenue that 
 proceeds from thence) through the dayly practises and 
 designes sett on foote, by trading into forrain parts from 
 Virginia Mariland, and other his Majesties Plantations, both 
 by Land and Sea aswell unto the Monados, and other Plan- 
 tations of the Hollanders, as unto Spaine, Venice, and 
 Holland, occasioned through the neglect of those Governors 
 in not taking a Veiw of all forrain-built Ships which come 
 into their Plantations, whether they haue a Certificate of 
 their being made free according to the Act, as also in not 
 duly taking Bond (before any ship be permitted to lade) that 
 whatever Comodities they shall take in at any of his Majesties 
 Plantations, the same shall be carried into some other of 
 his Majesties Plantations, or into England, Ireland, Wales 
 or Towne of Berwick upon Tweed which Bonds are to be 
 returned twice every yeare unto the Officers of the Custome 
 House in London, but hitherto it hath not been done, of 
 which neglect and contempt his Majestic is sensible, and 
 therefore doth require and command you, that for the time to 
 come a perfect Account be kept by you in that Plantation 
 of aU ships that shall loade there, and returne the names both 
 of the Masters and the Ships, together with true Copies of all 
 such Bonds as shall be taken by you there, twice in every 
 
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 367 
 
 yeare unto the Officers of the Custome House in London as 
 aforesaid, Which if you shall forbeare to do, upon Infor- 
 mation thereof, and that any Shipps freighted there shall 
 contrary to the Law trade into forrain parts, His Majestie 
 will interpret it a very greate neglect in you, for which he 
 is resolued to cause the Breach of the said Act to be prose- 
 cuted according to the tenour thereof, and discharge you 
 from that Imployment, It being his Pleasure that the said 
 Law be very strictly observed in regard it much concerneth 
 the Trade of this Kingdome, AU which Wee haue thought 
 good to lett you know, that you may not pretend ignorance, 
 but obserue aU such Orders as are directed by the said Act, 
 whereof you may not fayle as you wiU answer the Contrary 
 at your periU. [pp. 450-451.] 
 
 [C.S.P. 11. 500.] 
 [602.] WhitehaU, 1 July: 
 
 A Letter to the Sherrifs of the Countyes of Glocester, Tobacco. 
 Worcester, Hereford, Monmouth and Oxford. 
 
 Wee finde That . great Quantityes of Tobacco's 
 
 are still planted . to the great prejudice of his Majestys 
 forraine Plantations, and Custom's, and extreame hindrance 
 of the Navigation of this Kingdome And Wee do will 
 
 and require you to be ayding and assisting unto Mr. Thomas 
 De la Uall Surveyor Generall to the fEarmers of his Majestys 
 Custom's, and such persons as he shall thinke fitt to imploy, 
 in the destroying of aU such Tobacco's.* [p. 460.] 
 
 [603.] Whitehall, 31 July: 
 
 [A Memorial by the Duke of York concerning exportation Plantation 
 and importation of foreign coin and bullion having been 
 read and approved, the Attorney General is required to draw 
 
 * Mr. Delavall's commission follows, empowering him to demand 
 assistance from " all and every the Shereifs of the said Countyes ... as 
 also all Justices of Peace, Mayors, BayHffs, Constables, and all other his 
 Majestys officers both Civil and Military . " [p. 461 f 1.] 
 
 Similar letters to the sheriffs are sent on 20 January, 1664, by which they 
 are further ordered to have the proclamation publicly read at the next 
 Quarter Sessions. A similar letter is also directed on that date to the Bailiff 
 of the town of Winchcombe. [p. 684 IT 1-1 
 
368 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 up a proclamation in pursuance thereof, and of the late Act 
 of Parliament on the subject,] And it is further Ordered that 
 a Proclamation be drawne by his Majesties said Attorney 
 Generall or that it be included in the former (as he shall thinke 
 most fitt) giving free Liberty for transportation of Horses 
 into any of his Majesties Plantations, Lycence or Pass port 
 for the same being first had, and obteyned from his Majestie 
 or this Board, And that no Custome be Imposed, demaunded 
 or received for the same. [p- 491. ]{ 2.] 
 
 [On 5 August the Attorney General's draft is approved, 
 and he is directed to] conferr with the ffarmers of his 
 Majesties Custom's about the same, and when the said 
 Proclamation is fully perfected, that It be prepared for his 
 Majesties Signature, and forthwith Printed and Published. 
 
 [p. 495. t 3.] 
 
 [604.] Whitehall, 12 August : 
 
 Carolina. His Majestie this day taking into Consideration the State 
 
 and present Condition of the Province and Region called 
 Carolina in America, and his Graunt of the same by his Letters 
 Patents vnder the Great Scale of England, To the right 
 Honorable the Lord High Chancellor of England, George 
 Duke of Albemarle, William Lord Craven, John Lord Berkeley, 
 Anthony Lord Ashley Chancellor of the Exchequer Sir George 
 Carteret Knight Vice-Chamberlain of his Majestys Household, 
 Sir William Berkeley, and Sir John CoUadon Knights And 
 vpon Information that all pretenders to former Graunts of the 
 said Province hauing been Summoned (according to former 
 Orders of this Board) to bring or send to his Majestys Attorney 
 GeneraU such Letters Patents, writings, or other Evidences 
 as they or any of them had, setting forth their pretended 
 Titles therevnto, yett none of them have appeared, or dis- 
 covered any such pretensions or Claymes. And forasmuch 
 as no English whatsoever have, by vertue of any such 
 Graunts hitherto Planted in the said Province, by which 
 neglect, such Letters Patents (if any were) are become voyd, 
 His Majestie by and with the Advice of his Councell doth 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 369 
 
 Order, And it is hereby Ordered, That his Majestys said 
 Attorney Generall fortwith proceed eyther by Inquisition or 
 by Scire facias in the revoking all former Letters Patents and 
 Graunts of the said Province, or any other Legal) way, whereby 
 to make and declare them voyde, And that from hence for- 
 wards, when any like Graunt of any forraine Plantation shall 
 be prepared to passe his Majestys Great Seale, A clause be 
 inserted. That if within a Certain Number of yeares, no Plan- 
 tation be made and performed the said Graunt shall become 
 voyde. And it is further Ordered, That the said Lord Chan- 
 cellor Duke of Albemarle and other the before-named Patentees 
 do proeeed in the Planting of the said Province of Carolina 
 and that in Order therevnto, they receive all Countenance 
 favour and protection from this Board, And that from hence 
 forwards no person or Persons whatsoever do presume to 
 goe into the said Province or molest or disturbe the said 
 Grantees or any Persons by them, or any of them trusted or 
 imployed, vpon pretence of any former Graunt whatsoever, 
 as they or any of them do tender this his Majestys Comaund, 
 and wiU answer the contrary at their perills. 
 
 Signed by Lord Chancellor, Lord Treasurer, Duke of 
 Albemarle, Earle of Berkshire, Earle of St. Albans, Earle of 
 Sandwich, Earle of Bathe, Earle of Middleton, Lord Bishopp 
 of London, Lord Wentworth, Sir Wm. Compton, Mr. Treasurer, 
 Mr. Secretary Morice, Mr. Secretary Bennet. [p. 511.] 
 
 [C.S.P. II. 525.] 
 
 [605.] Whitehall, 24 August : 
 
 A Proclamation concerning the Acts of Navigation, and Plantation, 
 encouragement of Trade being this day read at the Board, 
 (his Majestic present in Councell) It was Ordered, That the 
 same be forthwith Ingrossed and prepared for his Majesties 
 Royall Signature, and, with a]l speed Printed and Published. 
 
 [p. 525. last %] 
 
 [606.] Whitehall, 24 August : 
 
 The Petition of WiUiam Wood and others of London Virginia. 
 Merchants (with an Affidavit annexed) were this day read 
 
 24 
 
370 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 at the Board (his Majestie present in Councell) Shewing That 
 they freighted the Shipp William and Marie, (Capt. William 
 Greene Master) for the parts beyond the seas and haveing 
 discharged herselfe at the Port designed, was to goe to 
 Virginia to load Tobacco, and by Bonds entred into, the 
 Petitioners were obliged to bring her and her lading to this 
 Port, That she tooke in at Virginia 369 hogsheads of 
 Tobacco, and in her Passage home within sight of England, 
 mett with so violent a storme that she could not possibly 
 recover land, and beat at Sea 14 dayes, and to preserve life 
 and Goods was driven into Lisbone, where vpon Search she 
 was found vnserviceable to bring her lading for England, 
 and fitt for nothing but to be broken vp, and Landed her 
 Tobacco there, That the Petitioners having notice thereof, 
 sent William Croft (the Masters Mate) over to Lisbone in the 
 Shipp Katherine of London (Thoma.s Hudson Master) for the 
 said Goods, but the quantity being greater then the Shipp 
 could with safety Carry, brought over onely 309 hhdds. and 
 left 60 hhds. (the remainder) to be brought by the Shipp 
 Marie and Agnes, John Nicholls Master That \pon her arrivall 
 at this Port of London, whether they were by Bond obliged 
 to bring her and her lading, she was notwithstanding seised 
 by some Officers of this Port, vpon pretence of breach of 
 the Act of Navigation, And Offering Proofe of the premisses 
 vpon Oath, and praying to be acquitted from the Seysure, 
 paying his Majestys Customes. [The petition was referred 
 to the Commissioners of the Customs for consideration and 
 report.] [p. 526. ^ 2.] 
 
 [On 28 August, on a favourable report from the Farmers 
 of the Customs, order is given for freeing the ship upon pay- 
 naent of the Customs and satisfaction of the Officers.] 
 
 [p. 535. If 1.] 
 
 [607.] WhitehaU, 24 August : 
 
 Criminala A Certificate from Sir Hugh Cartwright Knight George 
 
 transported, farewell, Henry Peck and Richard Newman Esqrs Justices 
 
 of Peace within the Liberties of Westminster being this day 
 
1663. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 371 
 
 read at the Board, Declaring, That Peter Beane Richard 
 Winter Thomas Hill Prisonners in the Gatehouse, and Joane 
 Taylor and Suzanna Meniok, who have been Comitted for 
 severall felonyes and Misdemeanors brought before the said 
 Justices and others, at the Quarter Sessions held for that 
 Liberty, and for want of Proofe not found Guilty of the 
 Crimes layd to their Charge, and remitted to Prison as sturdy 
 and Incorrigible Persons vntill they could finde sureties for 
 their good beha\iour, or for want of sureties, to be trans- 
 ported to some of his Majestys Plantations beyond the Seas, 
 according to the Law, And the said Justices signifyed that the 
 said severall persons, have been fowre Moneths and vpwards 
 in Prison, and none produced to engage for their good 
 behaviour, and that they are fitt persons to be transported, 
 and that there is a Merchant ready who would transport them. 
 This Board declared. That if the said Prisoners will Petition 
 to goe, and be transported, beyond the Seas to any of his 
 Majestys Plantations, they will give Order, for the dehvering of 
 them, to such Merchants as will transport them. [p. 526. Tj 3.] 
 
 [608.] Whitehall, 9 September : 
 
 Whereas ffrancis Warner, Richard Russell, and Richard ship 
 Smith did by their petition this day read at the Boord ^*'*"S'- 
 represent. That about ffourteene yeares since, they bought a 
 Scotch Ship called the Blessing, and about 22 Moneths since 
 furnished her out from hence to Guinney, thence to Virginia, 
 and so to New England, where shee tooke in Goods of that 
 Country, Shee was at her arrivall at this Port, by some of the 
 Officers of the Customes, seized as forfeited, shee being not 
 made free as in the Act is directed, Wherefore the Petitioners 
 being so long in possession of the said Ship, and being not able 
 by reason of her late Voyage to make her free accordiug to 
 the Law, they humbly pray an Order for her discharge. [The 
 matter is referred to the Farmers of the Customs for 
 examiaa.tion and report.] [p. 549- If 2.] 
 
 [On the 16th order is given for the discharge of the 
 Blessing on satisfaction being given to the Officers, the 
 
372 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 Farmers of the Customs having reported that] notwith- 
 standing by the Law shee is absolutely forfeited, for that 
 there was no Certificate duly taken out of what Burthen 
 and Built shee was, within the time limitted for returne of 
 a List of all such Ships by the Officers of the Customes iato 
 the Exchequer yet forasmuch as by the Affidavit and Examin- 
 tions aforesaid that the said Shipp hath bin in their posses- 
 sion almost ffifteene yeares, and hath not been in England 
 this 22 Moneths, and were ignorant of the Law, and although 
 such pretences may be alleadged by others, yet Wee conceiue 
 the Petitioners would not haue falne into this omission 
 knowingly but would haue freed themselues from this trouble 
 in time. [p. 555. last %] 
 
 [609.] Whitehall, 16 September : 
 Maryland. A Letter to the Governour of Plymouth. You will per- 
 
 ceiue by the enclosed Copies of a Petition and Letter this 
 day humbly presented to Vs by the Lord Baltimore the reason 
 and justice of his Complaint, he hauing produced Witnesses 
 to proue unto Vs that the Ship Reserue with her Lading 
 whereof Captaine John Tully is Master, bound for Maryland, 
 was duly and legally cleered at Grauesend by the Officers of 
 his Majesties Customes, and that the Servants aboord the 
 said Ship were not (as some of them pretend) spirited away, 
 Vpon which pretence, it seemes you sent for them ashore, 
 and haue thereby much prejudiced the Adventurers, and en- 
 dangered the Overthrow of their voyage, which Wee looke 
 upon as a disservice to his Majestic and the pubhque, and an 
 action for which you cannot pretend sufficient Authority nor 
 the Towne Gierke who so officiously interposed therein, the 
 assertion of the Parties themselues who were concerned being 
 no sufficient Evidence, that they were surprised and em- 
 barqued against their Wills, and what proofe or Evidence 
 soever you had found of such an illegall Act yet you ought 
 to haue first acquainted the Boord with the matter before 
 you had presumed to discharge and sett free the persons and 
 so haue receiued their Orders therein to warrant your pro- 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 373 
 
 ceedings ; Wherefore Wee haue thought fitt to lett you know 
 That Wee highly resent these your proceedings, and do hereby 
 require you immediately to cause all those persons whom you 
 commanded the Captaine or Master to sett at Liberty to be 
 delivered aboord the said Ship with their Cloathes that so they 
 may speedily proceed in their Voyage, wherein Wee expect 
 you should giue him your best assistance, which may in part 
 expiate the ffault you haue committed, And Wee require you 
 hereafter to be carefuU how you act in a busines of that 
 nature, it being his Majesties Pleasure, and for his service to 
 giue aU due Encouragement to the Adventurers for the supply 
 of forrain Plantations. [p. 557.] 
 
 [610.] Whitehall, 2 December : 
 
 Vpon reading this day at the Boord the Draught of a Letter Newfound- 
 prepared by Order of this Boord of the 27th of November last, 
 touching the Fishing in Newfoundland, It was Ordered, That 
 his Grace the Duke of Albemarle, Lord Privy Scale, Lord 
 Chamberlaine, Earle of Sandwich, Earle of Bath, Lord Berkeley, 
 Lord Ashley, Mr. Vice-Chamberlain, Mr. Secretary Morice, 
 and Mr. Secretary Bennett, or any Three of them be a 
 Committee to consider of the said Letter, and to compare 
 the same with the Letters Patents therein mentioned. And, 
 that their Lordships do meet to morrow the Third instant, at 
 Ten of the Clock in the morning at the CouncUl Chamber in 
 Whitehall, at which time Mr. Clifford, and Mr. Kendall or some 
 other person in the said Busines concerned are Ordered to 
 attend their Lordships at the place aforesaid. 
 
 [p. 644. last %] 
 
 [611.] Whitehall, 4 December : 
 
 [The Council direct that Mr. Francis Moryson receive a Virginia 
 copy of, and return his answer to], the Petition of Henry 
 Earle of St. Alban, John Lord Berkeley Baron of Stratton, 
 Sir WiUiam Morton knight one of his Majesties Serjeants afc 
 Law, and his Majesties Servant John Trethewy, Assignee of 
 Ralph late Lord Hopton, on the behaK of themselues and their 
 
land. 
 
 374 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 
 
 Leassees, touching some part of the Colony of Virginia graunted 
 to them by his Majestie in the first yeare of his Reigne. 
 
 [p. 648. If 2.] 
 
 [612.] Whitehall, 4 December : 
 Newfound- The Letter touching the regulating of the Fishery of New- 
 foundland being this day read at the Boord, His Majestie 
 was pleased to approue thereof, And did Order that Copies 
 thereof be sent to the Maiors of the seuerall Townes here- 
 under written. 
 
 [Southampton, Weymouth and Melcombe Regis, Lyme, 
 Dartmouth, Plymouth, Fowey, Barnstaple.] 
 
 Whereas his most gracious Majestie by Letters under his 
 great Seale of England, bearing date the Six and Twentieth 
 day of January in the Twelfth yeare of his Reigne, hath 
 amongst other wholesome Laws and Constitutions for the well 
 guiding and governing his People in Newfoundland, and the 
 Seas and Creeks adjoyning, declared constituted and Ordained, 
 That for the encouragement of his Subjects in the said New- 
 foundland, and in the Seas adjoyning, and for the benefitt 
 of the Trade there, no Owners of Ships trading in the said 
 Newfoundland Fishery nor any of them, shall presume to 
 carry or transport, or permitt and suffer to be carried or 
 transported, in their or any of their Ships to the said New- 
 foundland, other then such as are of his or their owne or 
 other Ships Company, or belonging thereunto, and are upon 
 the said Ships Hire or Employment, or such as are to plant, 
 and do intend to settle there, Notwithstanding this Prohibition, 
 his Majestie and this Boord haue receiued Complaints from 
 seuerall Fishing Townes in the West of England trading to 
 Newfoundland, That divers Owners of Ships do presume to 
 violate this Law and Constitution for their owne private Ends 
 to the greate decay of that Trade, and lessening the number 
 of Ships and Seamen, the consequences of which, if not pre- 
 vented, will be very prejudicial! to his Majesties service to 
 the ruining of many Handicrafts men, whose Livelyhood and 
 Subsistance depends thereupon, and in fine when this present 
 
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 375 
 
 Stock of Seamen is worne out, may be a destruction of the 
 whole Trade for want of supplies of Mariners, who are now 
 yet yearely bred by the Owners of Ships, Wee do therefore 
 in his Majesties name hereby Order and require you the 
 Maiors and Magistrates in your respectiue places to be care- 
 fuU that the aforesaid Law and constitution be punctually 
 observed, and duly executed according to the Powers graunted 
 to you by the aforesaid Letters Patents, And Wee do also 
 appoint that the Officers of his Majesties Customes in 
 their respectiue Ports, do straitely charge all Masters of 
 Ships trading to Newfoundland to obserue and keepe the 
 said Rule. [p. 649. ^j 3.] 
 
 [C.S. p. II. 595.] 
 
 [613.] WhitehaU, 23 December : 
 
 A Letter to the Lieutenant and Officers of the Ordnance. Jamaica. 
 Whereas Wee are given to understand by a Report from the 
 Commissioners for the Affaires of Tangier to whom his 
 Majestie was graciously pleased to referre the Consideration 
 of the intended Dispatch for Jamaica That the State of 
 that Island doth require a present supply of Armes for 
 the necessary defence thereof. Wherefore Wee haue thought 
 fitt and accordingly do hereby will and require you to 
 cause 
 
 One Thousand Firelocks, 
 Fifty Case of PistoUs with Holsters, 
 Fifty Saddles with Bitts and Furniture, 
 Two Hogsheads of Flints ready fitted. 
 
 to be forthwith dehvered out of his Majesties Stoares to 
 
 Captaine Morgan designed for Deputy Governor of Jamaica 
 
 to be transported thither for and towards the supply of 
 
 the said Place. [p. 666. ^ 1.] 
 
 [On the 30th, the officers of the Ordnance are directed to 
 return to the Board with all convenient speed an estimate 
 of these stores.] [p. 668. T| 3.] 
 
376 ACTS OP THE PRIVY COUNCIL (COIONIAL). [1664. 
 
 [On 27 January 1664, the following estimate is returned 
 and approved, order being given for payment accordingly.] 
 
 I. s. d. 
 
 Snaphance Musquets — 1000 at xviiis. each . . 900 00 00 
 
 PistoUs with Houlsters : 50 pr: at xxvs 062 00 00 
 
 Saddle with Bitts and furniture — 50 at xxs. each 050 00 00 
 Flints cutt for fire-Arms two hogsheads each 
 
 containing 30000—60000 at xxs. p. M. 060 00 00 
 For packing the said Armes and for Land and 
 water Carriage and other incident Charges 
 
 per estimation 040 00 00 
 
 In all the Sume of 1112 00 00 
 
 [p. 691. If 1.] 
 
 Jamaica. 
 
 New 
 England. 
 
 CHARLES II. VOLUME IV. (1 Feb., 1664—31 Dec, 1664.) 
 
 [614.] Whitehall, 5 February : 
 
 [On the representation of the Duke of Albemarle, 1000 pair 
 of bandoliers are ordered to be provided by the oiBcers of the 
 Ordnance for his Majesty's service in Jamaica.] 
 
 [p. 5 If l.J 
 
 [615.] Whitehall, 13 April : 
 
 [His Majesty in Council approves an estimate from the 
 officers of the Ordnance of 2,021Z. 12s. 9d. for the stores of 
 war ordered on 25 February to be dehvered to Richard Nicholls 
 for the plantation in New England, and orders] that the 
 Clerke of the Signett attending, do forthwith prepare a Bill 
 for his Majesties Royall Signature contayning a Privy Scale 
 to warrant and authorise the Lord High Treasurer of England, 
 the Lord Ashley Chancellor and Vnder-Treasurer of his 
 Majesties Exchequer to pay, or cause to be payd . . ■ 
 the said summe. [p. 58. ^ 2.] 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). IH? 
 
 [616.] Whitehall, 13 April: 
 
 A Letter to the High Sherifie of the County of Glocester. Tobacco. 
 [Whereas we are informed that much Tobacco is still grown 
 in and near the town of Winchcombe, it is to be at once 
 destroyed]. And in case you shall meete With any opposition 
 in the due execution hereof, Wee have given order to the 
 Lord Herbert Lord Lieutenant of the said County to assist 
 you with such Horse as shall be sufificient to enable you to 
 performe this service and for suppressing of any Tumult 
 which may happen thereupon.* [p. 56. ]| 3.] 
 
 [617.] WhitehaU, 15 April : 
 
 It was this day Ordered (his Ma3estie present in CounceU) Newfound- 
 That his Royal Highnesse the Duke of Yorke Lord High 
 Admirall of England be, and he is hereby desired to give 
 direction, that two of his Majesties shipps, such as his 
 Highnesse shall appoint, be forthwith Equipped, flitted for 
 sea service, and sent to New-found-Land, with such a force, 
 as may be able to secure the ffishing there, to dispossesse 
 all fforraigners of that Island, and to setle the Government 
 thereof, according to such Instructions as his Royall High- 
 nesse shall thinke fitt to give to the Commander or Com- 
 manders which he shall employ in that affayre. 
 
 [p. 66. TI 1.] 
 
 [618.] Whitehall, 22 April : 
 
 [In order to gain the fuU benefit and advantage of the Plantation 
 Navigation Act] It is this day Ordered (his Majestic present 
 in Councell) That the ffarmers of his Majesties Customes (at 
 their owne Charge) be, and hereby they are impowered, to 
 send one, or more Officers, by them to be chosen, deputed, 
 and authorised to the severall English Plantations, where 
 they shall thinke fitt, there to have an Inspection of, and in 
 the due execution of the said Act ; And thereiia to apply 
 
 * Letters follow to the Justices of the Peace of the County ordering them 
 to have the proclamation publicly read at the next Quarter Sessions, and to 
 Lord Herbert ordering him to assist the Sheriff in the manner stated. 
 
 [p. 57 HI 1-2.] 
 
378 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 
 
 themselves to the respective Governors for their allowance, 
 advice, and care herein ; And from time to time to give advise 
 to the said ffarmers of their proceedings ; Provided aUwayes, 
 that in the execution of this Order, there be no delay of the 
 Merchants, or interruption of Trade, nor other proceeding not 
 warranted by the said Act of Parliament And the several! 
 and respective Governors ot all and every his Majesties said 
 Plantations, and their Officers and Ministers are hereby 
 required to give vnto such person or persons . all due 
 
 assistance and encouragement. [p. 73. ^ 2.] 
 
 [619.] Whitehall, 29 April : 
 
 Barbados. Upon reading the Petition of Humphrey Walrond Esqr. 
 
 Compla3ming of some hard measure ofEered unto him by the 
 Lord Willoughby of Parham, Governor of the Island of 
 Barbados, by dispossessing him and his sonne of their Estates ; 
 and Appealing to his Majestie for Justice, It was this day 
 Ordered (his Majestie present in Councell) That a Copy of the 
 said Petition be delivered to Mr. William Willoughby, Brother 
 to the said Lord Willoughby, and that the Petitioner and 
 the said Mr. Willoughby do attend this Board on firyday 
 the 6t of May next, at 3 in the afternoone, and the said 
 Mr. Willoughby is to bring with him, aU Informations which 
 concerne the businesse in question. [p. 80. ^ 2.] 
 
 [620.] Ibid. 
 
 West Indiea. [The Petition of Robert Samford is ordered to be sent by 
 one of the Secretaries of State in his next despatch to Lord 
 WiUoughby, who is to return his answer thereto.] 
 
 [p. 80. II 3.] 
 [621.] Whitehall, 6 May : 
 
 Barbados. [Mr. WUloughby and Col. Walrond appear as directed,] 
 
 and both partyes being called in and heard, and severall 
 writings and Escripts transmitted from the Governor and 
 Councell of that Island purporting the demeanour of the 
 said Mr. Walrond being read debated and Considered of, 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 379 
 
 vpon the whole matter It was ordered [that copies of all the 
 papers be delivered to Mr. Walrond for his answer, and 
 that in the interim he] be Committed Prisoner to the 
 ffleete, for contemning the Orders of the Lord Willughby 
 absenting himselfe when sent for by his Lordshipp and the 
 Councell there, and for commeing from thence without his 
 Lordshipps leave. [p. 86. T| 1.] 
 
 [Warrants foUow for his arrest and detention in the Fleet 
 Prison.] 
 
 [622.] Whitehall, 18 May : 
 
 Vpon the humble petition of Sir Thomas Player the elder Barbados. 
 Sir Thomas Player the yonger. Knights, Robert Hicks and 
 Thomas Thomlins esqrs (this day read at the Board) Shewing, 
 That Ehzabeth Wilson, in her hfe time setled her Estate 
 vpon the Petitioners in trust for her Self and two Children 
 which She had by Edmund Wilson, Doctor in Physick, And 
 afterwards marryed with Nicholas Blake Merchant ; Who 
 decaying in his fortunes perswaded his wife to goe with him 
 to the Barbadoes, and tooke with them One Daughter ; 
 Since which time the said EUzabeth (the Mother) about Six 
 Moneths past Dyed ; leaving the said Daughter in the 
 Guardianshipp of the said Blake ; Who, since that, hath taken 
 another wife ; And for that the said Childe is there remayning 
 where She hath none of Her relations or kindred. And her 
 portion belonging to Her is heere in England, and vnder the 
 Care of the Petitioners, they humbly pray. That, for her 
 better education, and due Care of her, the said Childe may 
 be safely delivered unto such trusty person as the Petitioners 
 shall appoint to receiue Her, from thence to be brought into 
 England. [Orders are given for preparing a letter to Lord 
 Wil^oughby, requiring him to see that the petitioners' request 
 is granted.] [p. 95. ^ 1.] 
 
 [623.] Whitehall, 10 June : 
 
 A Letter to the Duke of Albemarle his Grace. [Whereas Tobacco. 
 We understand that much tobacco is stiU grown] particu- 
 
380 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 
 
 larly in or neare the Townes of Eversham in the County of 
 Worcester, and Winchcombe in the County of Gloucester, 
 where the Sheriff in his Attempts to execute Our Commands 
 therein hath received very greate opposition, and is not able, 
 without more then the standing fforce of that County, to 
 destroy the same, We haue therefore thought fitt and do 
 hereby pray your Grace to give Directions That a Troope of 
 Horse of the Regiment under the Command of the Earle of 
 Oxford do march speedily to aid and assist Thomas ffownes 
 Esqr whom Wee have commissioned to cause the said 
 Tobacco to be destroyed. . . [p. 117. 1| 2.] 
 
 [A Commission follows to Thomas Fownes Surveyor General 
 to the Farmers of the Customs empowering him to destroy 
 all tobacco grown in the counties of Gloucester, Worcester, 
 Hereford, Monmouth, and Oxford, as being] to the greate 
 prejudice of the Navigation of this Kingdome, and hinderance 
 of his Majestys fforain Plantations and Customes, and Losse of 
 the Trade of that Comodity to other parts. [p. 118. ^f 1.] 
 
 [The letter to the Duke of Albemarle is repeated on 7 
 June, 1665.] [Vol. V. p. 165. *^ 2.] 
 
 [624.] Whitehall, 22 June : 
 Barbados. Whcreas William Willoughby Esqr did this day present 
 
 to the Boord, certaine Reasons of the Councill of the Bar- 
 bados, representing the Inconveniences which may happen 
 to that Island by the Execution of a Graunt under the Greate 
 Seale of England of the Provost Marshalls Place to ffrancis 
 Cradock Esqr during his Life which are thereunto annexed, 
 It was Ordered by his Majestie in Councill, That Captaine 
 Gorge who brougt the same from the Barbados, do forthwith 
 attend Mr. Attorney Generall with the said Reasons con- 
 cerning the said Office of Provost Marshall there and the 
 Authority claymed and executed by the present Provost 
 Marshall and his Deputies, And upon consideration thereof 
 and of Mr. Cradocks said Patent, to report to the Boord his 
 Opinion thereupon. [p. 133. ^ 2.] 
 
 [C.S.P. II. 759.] 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 381 
 
 [625.] WhitehaU, 1 July: 
 
 It was this day Ordered that the Committee for the Affaires Jamaiia. 
 of Jamaica do meete at such time as the Lord Treasurer, and 
 the Chancellor of the Exchequer shall appoint, [p. 142. ^ 3.] 
 
 [626.] Whitehall, 3 August : 
 
 Upon reading a Petition of the Royal! Company &c., The Barbados, 
 right honourable the Lord Chancellor did undertake to write 
 a Letter to be sent to the Barbado's for redress of the 
 Complaint ; and the same to be signed by the Board. 
 
 [p. 177. t 3.1 
 
 [627.] Whitehall, 10 August : 
 
 The Petition and Remonstrance of the Gouernour, Councell Virginia, 
 and Burgesses of his Majestys Colonic of Uirginia (to his 
 Majestic) being this day read at the Board, giuing an Accompt 
 of their Proceedings upon his Majesties Instructions ; 
 Whereby they were directed, that Commissioners, on the 
 behalf e of the Colony of Uirginia, and the like on behalf e 
 of the Colonic of Mary-Land, should be nominated and 
 appointed to treat of the most conuenient Way of Lessening 
 the quantities of Tobacco, thereby to Improue that Com- 
 modity for the Aduantage of both the said Colonies ; Wherein 
 some progress was made, but could not agree upon the 
 Matter ; [a copy of the said petition and remonstrance is 
 ordered to be delivered to Lord Baltimore, who, together 
 with all parties concerned and also the Farmers of the Customs, 
 is to be heard at the Board thereupon, the first Council day 
 after Michaelmas day next]. [p. 181. ^ 2.] 
 
 [628.] Ibid. 
 
 The other Proposall then represented concerning the Island Tobago. 
 Tobago was referred to the Committee of Plantations to 
 consider thereof. iP- 184. ^ 2.] 
 
 [629.] Whitehall, 24 August : 
 
 Vpon the humble petition of the Company of Royall Barbados. 
 Aduenturers of England trading into Africa, with a Paper 
 
382 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 
 
 annexed, read at the Board the Third of August instant, 
 Shewing, That the Petitioners haue giuen his Majestys Island 
 of Barbado's, a Uberall Supply of Negro-Seruants ; And 
 haue giuen the Planters long time of Payment for them, for 
 their greater Incouragement ; Who are, at this time Indebted 
 to the Petitioners, at least, forty thousand pounds sterling ; 
 And that the Petitioners finde themselues very much abused 
 by the tatollerable delayes of Payment amongst the most of 
 the Planters, against which the present Forme of Judiciary 
 proceedings in that Island afford no Remedy, but what is 
 worse then the disease. So that, unless some better Con- 
 stitution and Execution of Justice be suddenly established 
 in that Island, the Petitioners whole Stock will be exhausted, 
 and buryed in the hands of the Planters, and not recouerable 
 but at the pleasure of the Debtors ; And thereby the Growth 
 of the Plantations, and iust Interest of the honester Pay- 
 Masters is obstructed And praying Redresse herein ; [A letter 
 to the following effect was ordered to be sent to Lord 
 Willoughby] : 
 
 The inclosed Petition and Paper annexed being read to his 
 Majestic in Councell, Wee haue thought fitt to transmitt the 
 same to your Lordshipp : to the end that you may take such 
 Order for the speedy Administration of Justice, that they be 
 not forced to renew their Complaints to the King, or to this 
 Board ; And Wee are, upon this Occasion, willmg to putt 
 your Lordshipp in minde, how much his Majestie takes to 
 heart the Good of all those his Majesties Plantations, and 
 how solicitous Hee is, that all due Incouragement be giuen to 
 the Planters in the first Place, and to the Merchants in the 
 next, well knowing that, m-truth, their Interest is Joynct ; 
 And if due Care be not taken for both, neyther of them can 
 prosper. And Wee do all that is in Our power, vpon all 
 Occasions, to informe and require the Merchants, not to take 
 any Advantage of the necessity of the Planters, in setting 
 vnreasonable and vnconscionable Prices vpon the Com- 
 modities they send or carry to the Plantations, of which Wee 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 383 
 
 haue receiued some generall Complaints ; But Wee do now 
 
 the less wonder at any of those Excesses, if in-truth the 
 
 Administration of Justice there be so delatory and uncertaine 
 
 as is represented in the Account aimexed to this Petition ; 
 
 For it cannot be expected, but if the Merchant foresees the 
 
 delayes he may undergoe, euen by the Course of Justice, in 
 
 the recouery of his Moneys for which hee parts with his 
 
 Commodities, Hee will be sure to Sell those Commodities at 
 
 such Prices as may make Him a full recompence he may 
 
 sustayne by that Want of his Money ; which is in euery mans 
 
 power to putt him, if he will breake his Word : And so they 
 
 who are punctuall and honest Pay-Masters doe, and wiU 
 
 alwayes suffer, for the ill demeanours of others, who wiU deale 
 
 unjustly : Wee do therefore earnestly recommend to you, 
 
 that you cause speedy Justice to be done to the Petitioners, 
 
 that they may receiue what is iustly due to them by their 
 
 Contracts, without further delay ; And that you seriously 
 
 enter upon such DeUberations, that these and the like 
 
 Obstructions may be remoued out of the way of Justice, 
 
 without which Traffique and Commerce cannot be main- 
 
 tayned, nor can any thinge seeme more, unreasonable to Us, 
 
 or more contrary to all Rules of Law and Equity, then that, 
 
 after a Creditor hath been forced to sue for his iust Debt, and 
 
 hath obtayned Judgement and Execution for the same, those 
 
 Goods, or Land, out of which the Debt should be satisfyed, 
 
 should still remayne in the Debtors hands, and long enough, 
 
 by ordinary Artifices, for euer to defeate the Creditor ; Wee 
 
 expect an Account from your Lordshipp in this Matter ; as 
 
 likewise a Draught of those Orders and Constitutions, which, 
 
 for the present, are setled and Agreed upon there, for the 
 
 good Gouernment of that Place, and the equall Administration 
 
 of Justice to his Majestys Subjects, to the end, that Wee 
 
 may offer the same to his Majestic, for his Royall approbation 
 
 and Assent ; without which (you know) they are not of full 
 
 force and Uertue. [p. 190. last ^.] 
 
384 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 
 
 [630.1 Whitehall, 24 August: 
 
 West Indies. The Proposition of Sir Thomas Modyford, and the Report 
 of the Committee thereupon, is layd aside for the present ; 
 Onely Allowance was given him for Transporting Men from 
 Barbado's, for that time onely, at his Majesties Charge : 
 And It was Ordered, That the Committee for Jamaica do 
 meete, and receive an Accompt from Sir Charles Littleton of 
 that Place, how he found It, and how he left It. And also 
 that they consider the Planting of Coco-Nutts, Erecting Iron- 
 works there, and at Virginia, and about making Pitch and 
 Tarr, and whatsoever els they shall thinke fitt. 
 
 [p. 194. Tf 1.] 
 
 [631.] Whitehall, 7 September : 
 
 Servants in Upon reading this day at the Boord a Report from the 
 Councill of fEorraipe Plantations touching the erecting of an 
 Office for taking and Registring the Consents, Agreements, 
 and Covenants, of such Persons, as shall voluntarily go, or 
 be sent as Servants to any of his Majesties Plantations in 
 America As also a Commission appointing and Constituting 
 Roger Whitley Esqr to be Master of the said Office, Upon 
 consideration thereof [the Solicitor General is instructed to 
 prepare the commission accordingly]. [p. 215. ^ 1.] 
 
 [C.S.P. II. 798.] 
 [632.] Whitehall, 14 September : 
 
 Connecticut. Upon reading this day at the Boord the humble Petition 
 of William Morton of the Towne of New London in the Colony 
 of Connecticute in New England, touching treasonable Words 
 spoken by severall Persons there [a letter was ordered to be 
 written] to the Commissioners of New England requiring 
 them fully to examine the Complaints . . and to proceed 
 thereupon as shall be most agreeable to Justice for Vindica- 
 tion of his Majesties Honour.* [p. 220. ^ 4.] 
 
 • A Marginal Note says, " This was altered to a Letter, vide Session 26 
 Sept. 1664." The letter — dated 14 Sept. 1664 — appears under the session of 
 28th Bept. ^ - 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 385 
 
 [633.] Whitehall, 14 September : 
 
 A Letter to Sir William Berkeley Governor of Virginia. Virginia. 
 Wee send you here enclosed a Petition with Two Affidavits 
 presented to this Boord by NathanieU Buckoke and William 
 Perkins of London Merchants, wherein they complaine that 
 one Nathaniel! Bacon Merchant being a Prisoner at the 
 Petitioners Suite under the Custody of Sir John Lenthall, 
 and being charged in 500^. debt, the said Bacon subtilly and 
 craftily, designing to defraud the Petitioners (not being in 
 Execution) procured Liberty to go abroad with his Keeper 
 from whom he made an Escape, and shipped himself for 
 Virgiaia, where he liues at a high Rate having an Estate of 
 3000Z. Sterling, And therefore they humbly prayed, That 
 the said Bacon might be sent for England to be remanded 
 to Prison, or that he giue good Security there to satisfy the 
 Petitioners' Debts and Dammages. [Bacon is therefore to 
 be arrested and good security for the debts exacted or 
 himself sent home in custody.] [p. 222. ^ 1.] 
 
 [634.] Ibid. 
 
 The Relation concerning the Plantations of the Island of Jamaica. 
 
 Turtudas in America being this day read at the Boord, And 
 
 likewise a Report being made by the Lord Privy Scale from 
 
 the Committee of Jamaica concerning the Advantages that 
 
 will accrue by his Majesties taking the Miscellany Plantation 
 
 on the North side of Hispariola into his Protection, It was 
 
 Ordered by his Majestic that the same be forthwith sent to 
 
 Sir Thomas Muddiford Governor of Jamaica, who is hereby 
 
 prayed and required to take the Particulars thereof into 
 
 consideration, and to weigh the Conveniencies that may arise 
 
 to his Majesties Service by setling the said Plantation and 
 
 Island under his Majesties Government of Jamaica, And if 
 
 he shall find the Bearer Captaine Abraham Langford usefull 
 
 for those Services, that he be employed therein. [If there be 
 
 occasion for expense he is authorised to charge bills hither 
 
 for a thousand pounds sterUng.] [p. 223. ]} 1.] 
 
 25 
 
386 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 
 
 [635.] Whitehall, 23 September : 
 
 Jamaica. 4n Account of the State of Jamaica, prepared by Sir Charles 
 
 Littleton [is referred to the Committee for Jamaica, who 
 are required] to meete together, to consider of the best 
 waies and meanes for setling a Plantation for his Majestie 
 in that Island, and to finde out a Person fit to be recommended 
 to his Majestie as an Agent to haue the management and 
 oversight thereof, And likewise to consider how the Monies 
 requisite for carrjnng on that Worke may be procured with 
 most Conveniency to his Majesties Affaires, And also to 
 endeavour to procure some able Miners to repaire thither to 
 search and try the Oare of the Mountaines of that Island, 
 and to report their Proceedings and Opinion upon the whole 
 to this Boord. [p. 229. last %] 
 
 [636.] Whitehall, 5 October : 
 
 M^^Tand"*^ [With reference to the proposed restriction of tobacco 
 production m Vii-ginia and Maryland] It was Ordered, 
 That the Lord Baltimore ... as likewise Colonell 
 Francis Morison, Sir Henry Chichley, Edward Diggs, and 
 John JefEeryes Esqrs and others concerned in the Coloney 
 of Virginia, do speedily meete, Consider of, and fframe such 
 an Agreement between themselves as may best Conduce to 
 the benefitt of both Plantations, and to the composeing the 
 said difference : And if they cannot joyntly agree therevpon, 
 that then each party draw vp distinct Proposalls, [which 
 are to be discussed and reported on by the Committee for 
 Plantations]. [p 234. ^ 1.] 
 
 [On 16 Nov. the Virginia representatives, having 
 failed to come to an agreement with Lord Baltimore, 
 petition for a speedy hearing of their report, and are 
 referred to the Committee, to which the Duke of Albemarle 
 is then added. A copy of their propositions is also ordered 
 to be sent to Lord Baltimore.] [p. 293. ^ 4.] 
 
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 387 
 
 [637. J WhitehaU, 21 October : 
 
 [Order for a Bill to be drawn up containing a Privy Seal Jamaica, 
 authorising the Lord High Treasurer and the Chancellor of 
 the Exchequer to pay to Sir Thomas Modyford, Governor of 
 Jamaica, 1,2001. for transporting a thousand passengers to 
 Jamaica.] [p. jj50. f 2.] 
 
 [638.] Whitehall, 23 November : 
 
 Notwithstanding the present Embargue* [permission to Jamaica, 
 proceed freely — without detention or impressment of her 
 seamen — is granted, on the petition of Hender Molesworth, 
 merchant, factor for the Royal Company for Jamaica, for] 
 the Ship Jamaica Merchant, WiUiam Gainsford, Master, bound 
 for Jamaica with idle and vagabond Persons, and several 
 sorts of Goods whereof some are perishable — [provision being 
 made] that especiall Care be taken that under pretence hereof, 
 no more than the said Master and Eight EngHsh Seamen be 
 allowed to navigate the said ship. [p. 297. ^j 1.] 
 
 [639.] Whitehall, 25 November : 
 
 [The Committee of Plantations having met on the 19th Virginia and 
 November, report] Maryland. 
 
 1. That the Proposall touching a Cessation, Stint or 
 Limitation of planting Tobacco in the said Plantations is 
 inconvenient both to the Planters and his Majesties Customes. 
 
 2. That the Proposall for limiting a Time, for Ships to 
 returne from Virginia or Maryland will be prejudiciall both 
 to the Planters and his Majesties Customes. 
 
 3. For Encouragement of Planters in the said Colonys to 
 apply themselues to the planting other Comodities, which 
 may be of more Beneiit then Tobacco, That his Majestic would 
 be pleased to permit that all the Hemp, Pitch, and Tarr of 
 the Growth, Production and Manufacture of Virginia or 
 
 * T^iis embargo had been imposed by an Order of Council on 
 28 October, 1664. It was removed from all save Dutch vessel^ 
 oji 30 November, but renewed on 16 December. 
 
388 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664-5. 
 
 Maryland which should be brought into this Kingdome for 
 the space of ifive Yeares from the date hereof might be 
 Custome free. 
 
 [The Council concurred in the report, and orders were issued 
 in accordance therewith.] [pp. 302-3.] 
 
 [C.S.P. II. 863.] 
 [640.] Whitehall, 7 December : 
 Transporta- Whereas Nicholas Lucas, Henry Feste, Henry Marshall, 
 Quakers. Francis Pryor, John Blendall, Jeremiah Hearne, and Samuel 
 Treherne, Persons Conuicted at the last Assises held at 
 Hertford, in the County of Hertford, and Sentenced to be 
 Transported to some of His Majestys Plantations in the West 
 Indies ; Who accordingly were putt on board the Shipp called 
 the Anne of London, whereof one Thomas May is Master, 
 who vndertooke and engaged himself for their Transportation, 
 Yet sett them on-shoare in or about the Downes, leaving them 
 at liberty to goe whither they pleased ; Which insolent 
 demeanour being taken into Consideration ; And it appearing 
 to be a Matter of Contrivance and Combination between the 
 said Master and the persons before-mentioned ; It was this 
 day Ordered (his Majestie present in Councell) That the high 
 Sherejf of the County of Hertford (now being) do cause the 
 said [persons] to be apprehended and Secured, \mtill meanes 
 of transporting them can be made, by some Shipping bound 
 vnto those parts. [p. 314. ^ 2.] 
 
 [The Officers of the Customs are also ordered to arrest 
 May and his vessel on his return, and to bring him before 
 the Council.] [p. 315.] 
 
 [C.S.P. II. 872.] 
 
 CHARLES II. VOLUME V. (2 January 1665-27 April 1666.) 
 
 [641.] Whitehall, 4 January : 
 
 Newfound- The Right Honourable the Committee of his Majesties 
 land. 
 
 most Honourable privy Councell appointed for the Affayres 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 389 
 
 of the Admiralty and Navy, [is ordered to] advise of the 
 best Course how the Newfoundland ffish may be brought 
 into England. [p. 9. ^ 3.] 
 
 [642.] Whitehall, 13 January : 
 
 Letter to the Governor of Virginia to give Order that all Plantation 
 Shipps coming from thence do associate and returne in Com- 
 pany for their better security. Whereas divers Merchants 
 and Owners of vShipps tradeing to his Majesties Plantations 
 in Virginia, by their humble Petition to his Majestic have 
 Represented, that many Vessells being gonne to Virginia with 
 Goods and servants, and that his Majesties great occasion for 
 Seamen have enforced them to sayle Undermanned, which 
 may endanger the losse both of Shipps and Goods, especially 
 if they returne singly and without Association, and should 
 meet with Dutch Men of Warr in the Channell, or else Where, 
 in their returne for England ; .... all Shipps trade- 
 ing unto, or wihhin the Capes of Virginia [are ordered to] 
 Associate and returne from thence in Company for their 
 mutuall assistance. 
 
 The like Letter to the Lord Willughby of Parham Governor 
 of the Barbado's and other the Caribee Islands : 
 
 [p. 17. H 2.] 
 
 [On 20 January a similar letter is sent to Lord Baltimore, 
 Lord and Proprietary of Maryland.] [p. 25. ^ 3.] 
 
 [On 20 January a letter to Sir Wm. Berkeley explains 
 that the words " within the Capes of Virginia " do not 
 authorise him to pursue the directions with reference to 
 Maryland, and that a separate order to the same effect 
 has been sent to the Proprietary of that colony.] 
 
 [p. 26. ^ 1.] 
 
 [643.] Worcester House, 29 January : 
 
 [The Lord Chief Justice, and the major part of the Criminals 
 Justices of the Peace for Middlesex, having examined into transported. 
 their lives, and found them to be] Vagabonds, idle and 
 
390 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 
 
 disorderly Persons, or else sturdy Rogues and Beggars, 
 [any two or more of the said Justices are authorised to 
 transport] Robert Bowley, William Grey, Moses Biggon, 
 and John Otter to some of his Majesties English Planta- 
 tions beyond the Seas, there to be disposed in the Usual 
 way of Servants for the space of seven yeares. 
 
 [Two or more Justices of the Peace for the City of 
 Westminster in like manner to transport] William Downing 
 and Ellen his wife, Thomas Bradford and Margaret his wife, 
 William Naylor, Abraham Barron, John Osborne, Jolin 
 Norton, and James Partridge. [p. 32. ]f 1-2.] 
 
 [644.J WhitehaU, 8 February : 
 
 New Upon the humble Petition of Sir William Warren Knight 
 
 England. „, 
 
 Shewing, that he hath Contracted with the Principall Of&cers 
 
 and Commissioners of his Majesties Navy to supply his 
 Majesties Stoares with a Competent proportion of Masts from 
 New England, Swedland, &c., as also with three hundred 
 Tonns of Hemp and Cordage, and that the Petitioner hath 
 the said Hemp and Cordage, with three Shipps Loading of 
 Masts in New England, and six Shipps Loading of Masts at 
 Gottenburgh, . . And for as much as Shipps of length 
 and breadth fitt for that service are scarce to be had, he 
 hath bought that Shipp which was stayed with his Masts 
 in Holland, but now Unladen at Chatham, and intends forth- 
 with to send her to Gottenburgh, but must Sayle her with 
 Swedes, and other Strangers : And the Petitioner intends 
 to buy two Prize Shipps at Ports-mouth, and to ffreight such 
 other Vessells as he shall finde fitt for the service, and 
 (amongst them) one called the Three Kings of Norway, which 
 hath lately deUvered her Loading of Masts at Portsmouth, 
 and now intended for New-England, yet neither the said 
 Shipp, nor any other, (although for his Majesties particular 
 service) may be permitted to Sayle to any of his Majesties 
 Plantations unlesse the men be three fEowerths English; 
 And Praying the Licence and dispensation of this Board to 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 391 
 
 send the said Shipp the Three Kings, and such other fitt 
 Shipps as he shall Freight, for his Majesties Service, to New 
 England, Swedeland and Norway, Sayling them with such 
 Danes, Swedes and other Strangers Maryners mixt with 
 English, as he can hire, It was this day Ordered by his 
 Majestie in Councell [that the desired permission shall be 
 granted for one whole year only]. [p. 39. ^ 2.] 
 
 [645.] Whitehall, 15 February : 
 
 The Petition of severall Gentlemen, and Merchants in the Newfound- 
 land. 
 County of Devon, trading to Newfound-land, Praying Licence 
 
 to proceed in the Trade of Fishing there, as one cheife meanes 
 
 of Support and maintenance of many Poore, being read. The 
 
 consideration thereof was referred to the Comittee for the 
 
 Affayres of the Admiralty and Navy ; And It was Ordered, 
 
 That the said Comittee should meete on Friday the 17th of 
 
 this instant, to consider of, and report what they conceive 
 
 fitt to be done. [p. 49. ]} 1.] 
 
 [C.S.P. II. 936, and C.S.P. Domestic. 1664-'65. p. 203.] 
 
 [646.] Whitehall, 22 February : 
 
 The Trade of Newfoundland Fishery having beene fully Newfound- 
 debated, and considered of at this Board ; His Majestie 
 reflecting upon the present conjuncture of Affayres, this day 
 in Councell Declared ; And accordingly doth authorise and 
 require his RoyaU Highness the Duke of Yorke, Lord high 
 Admiral] of England, to give Licence and graunt a Passe 
 for One Shipp of Dartmouth onely, and no more (such as in 
 his Wisdome shall be thought fitt) to goe for Newfoundland 
 aforesaid. [p. 51. ^ 1.] 
 
 [C.S.P. 11. 936, and C.S.P. Domestic. 1664-'65. p. 213.] 
 
 [647.] Whitehall, 24 February : 
 
 [A Privy Seal to be issued for payment of 205/. 19s. ll(i. Barbados, 
 to the Lieutenant of the Ordnance for munitions purchased 
 for Barbados. Provisions for the use of the island are also 
 
392 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 
 
 Barbados. 
 
 Plantation 
 Trade. 
 
 ' ' the word 
 Ireland left 
 out in the 
 severall 
 clauses 
 per order 
 22th 
 instant." 
 
 to be issued to Sir John Colleton, from his Majesty's stores, 
 to the value of 123?. 6s. Od.] [p. 60. ^ 2.] 
 
 [648.] Whitehall, 24 February : 
 
 [The Committee for Plantations are to meet on Monday 
 the 27th instant, to consider the papers returned from Lord 
 Willoughby of Parham, and the petition of Mr. Cradock, 
 provost-marshall of Barbados.] [p. 61. ^ 3.] 
 
 [649.] Whitehall, 6 March : 
 
 [Paragraphs 4, 5, 6, of an Order suspending the Navigation 
 Act, are as follows : — ] 
 
 [Notwithstanding the Navigation Acts] It shall and may 
 be lawful for any English Merchants, and they are hereby 
 authorized freely and without Interruption to make use of, 
 and employ any forraine Ships or Vessells whatsoever navi- 
 gated by Mariners or Seamen of any Nation in Amity with 
 his Majestic for importing or exporting of Goods and 
 Comodities to or from any Port in England, Ireland or Wales, 
 or to or from any of his Majesties Plantations. 
 
 Provided That no Goods or Comodities whatsoever be by 
 them imported into any of his Majesties said Plantations, but 
 what shalbe without fraud laden and Shipped in England 
 Ireland or Wales, and thence directly carryed, and from no 
 other Place to his Majesties said Plantations. 
 
 Provided also That such Goods and Commodities as shall be 
 by them laden or taken on board at his Majesties said Plan- 
 tations or any of them be brought directly from thence to 
 some of his Majesties said Ports in England Ireland or Wales, 
 And all Governors and Officers of the Customes are hereby 
 charg'd and required strictly to obserue all Rules, Direc- 
 tions, and Orders for taking of Bonds or other Securities, and 
 exacting all fforfeitures, and Penalties by the said Acts or 
 either of them required or enjojoied. Save only in the Two 
 Clauses concerning English Ships, or English Mariners herein 
 before dispensed with. [p. 68. ^ 2.] 
 
1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 393 
 
 [650.] WhitehaU, 8 March ; 
 
 It was this day Ordered by their Lordships That the Officers Plantation 
 and Farmers of his Majesties Customes do forthwith giue 
 notice to the Masters of all Ships lately cleared at the Custome 
 House, and not gone out of the River, bound to any of his 
 Majesties forraine Plantations to give their personall Atten- 
 dance on this Boord, on ffriday next the 10th of this instant 
 March at Three of the Clock in the Afternoone at the Councill 
 Chamber in Whitehall, And that in the meane time they do 
 not permit any Ship bound for the said Plantations to depart 
 out of the River without further Order.* [p. 69. ^ 4.] 
 
 [651.] Ibid. 
 
 Whereas his Majestic hath appointed severall Masters of Quakers 
 
 . . transported. 
 
 Ships to carry some of the Quakers now remaynmg m New- 
 gate, adjudged to be transported to his Majesties Planta- 
 tions according to the Liste hereunto annexed. It was this 
 day Ordered by his Majestie in CouncUl, That the Lord Che if 
 Justice of the Kings Bench do forthwith giue directions to the 
 Sheriffs of London to cause the respectiue Numbers of the said 
 Quakers adjudged to be transported, to be forthwith deliuered 
 on board the said seuerall ships taking a Recognizance under 
 the hands of the respectiue Masters for the safe Custody of 
 the said Quakers, and delivery of them to the Governors of 
 the seuerall Plantations whether they are bound. 
 
 A Liste of the Names of the Masters of Ships bound to the 
 Plantations, to transport Convicted Quakers 
 
 Jamaica Merchant, WiUiam Gainsford Master, bound for 
 Jamaica, is to carry Three Quakers. 
 
 John and Thomas, John Ceely Master, bound for the 
 Barbados, is to transport Six Quakers. 
 
 Amity of London, Francis Appleby Master, bound for 
 Mevis, is to transport Seaven Quakers. 
 
 * An embargo had again been imposed by Order of 22 February, and on 
 1 March a Proclamation had been read and approved forbidding foreign trade 
 and commerce. The embargo was taken off by an Order of 21 April. The 
 present order was made to give time for the putting on board of the Quakers 
 mentioned in H 651. 
 
394 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l665 
 
 [The Officers and Farmers of the Customs are directed to 
 allow these vessels to proceed as soon as they are satisfied 
 that each has embarked its due contingent of Quakers. 
 
 Instructions are given to the Governors of Nevis, Jamaica 
 and Barbados to receive the transported Quakers, and to 
 employ as servants in the plantation such of them as did not 
 defray the cost of their own transportation. All are to be 
 detained for a space of seven years.] 
 
 [On the 15th sixty Quakers now in Newgate adjudged to 
 be transported are ordered to be handed over by the Sheriff 
 of London to William Fudge, master of the Black Eagle of 
 London, a ship of about one hundred tons burden, manned 
 by a master, eight mariners and a boy, to be conveyed to 
 Jamaica, on the same conditions as in the previous order. 
 The usual orders are issued for freeing the vessel from 
 restrictions and for the reception of the Quakers by the 
 Governor of Jamaica.] 
 
 [Similar orders are given for the transportation of 50 
 Quakers to Barbados in the John and Sarah of London, a 
 ship of 100 tons burden, John Limbrey Master.] 
 
 [pp. 73 & 78.] 
 
 [652.] Whitehall, 19 April : 
 Caribbee To ffrancis Lord Willoughby of Par ham his Majesties 
 
 Islands. <= ./ 
 
 Lieutenant Generall of the Caribbee Islands. After Our very 
 hearty comendations unto your Lordshipp upon applicatioi) 
 made unto this Boord by Thomas Henshaw Esquire, and the 
 rest of the Creditors of James late Earle of Carlisle complain- 
 ing that that part of the annuaU profits arising out of the 
 Barbadoes, and other the Carribbee Islands which was 
 Designed, and Ordered for the Satisfaction of the said Creditors, 
 by Order of Councill bearing Date the 13th of June 1663, is 
 wholly withheld by your Lordshipp notwithstanding the said 
 .Order, and that you haue not to this day paid any part of 
 the said profitts unto the said Agents as were appointed by 
 the said Creditors to receive them ; and haueing for better 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 395 
 
 information in this affaire heard Councill learned in the Law 
 in your Lordshipps behaKe as well as in the behalfe of the 
 Creditors, His Majestic alsoe being presente at the said Debate, 
 was pleased to giue order for our writing to your Lordshipp 
 to require you to giue speedy satisfaction to the said Creditors 
 by the full and punctuall Execution of the said Order of 
 Councill not doubting but you haae already made provission 
 for the same, out of the profits you have receiued since your 
 last accounts : And furthermore wee must take this occasion 
 to teU your Lordshipp that the accounts which you have 
 transmitted concerning the Revenue of the said Islands are 
 under particular Examination as the nature thereof doth 
 require And although for the present Wee say nothing 
 concerning the particulars of them, Yet Wee are to lett your 
 Lordshipp know, that Wee all concurre to think it reasonable 
 that the profits of the said Island being equally divided, the 
 Moytie appointed for the payment of the said Debts 
 according to the Limitation of the said Order should be freede 
 from all charges of Collecting, or other charges Incident to 
 the Gouernment there ; And because the Creditors may here- 
 after have their busines soe followed as they may acquiesce 
 in the care of them that imdertake the same ; Wee doe think 
 fitt to nominate as their Agent Mr. William Povey, and in 
 case of his Death or leaving the said Imployment Mr. 
 Thomas Dauies, And doe hereby giue the said William PoVey, 
 or in Case of his Death or leaving the imployment the said 
 Thomas Dauies, full power to receiue for the use of the said 
 Creditors such parts of the profits of the said Islands as by 
 virtue of the said order are or hereafter shalbee due unto 
 them, and in such manner and method as is prescribed in the 
 said order. And for the better avoyding all disputes for the 
 future. It is his Majesties further pleasure that the said 
 WiUiam Povey or . . Thomas Davis be by your Lordshipp 
 sworne his Majesties Comptroller for his Revenue in the said 
 Islands, untill his Majestie shall otherwise direct, And shall 
 haue full power either themselues or their Deputies to sitt 
 
396 ACTS OF THE PMVY COUNCIL (COLONIAL). [1665. 
 
 in the Custome House, there to signe Cocquets equall with 
 the Searcher, to keepe Bookes of Entries of the Customes, 
 which Bookes shalbee compared with those kept by your 
 Lordshipps receiuers as often as the said Comptrollers shall 
 think fitt, and that the profits ariseing be diuided once a 
 weeke ; or as often as occasion shall require ; Provided alway 
 that the Sallary of the said Comptrollers be paid them by 
 the said Creditors untill their debt be fuUy satisfied, or untill 
 his Majestie shall nominate some other person to be his 
 Comptroller there But hereby Wee intend not that it should 
 be understood, that the Interest of the Earle of Marleborough 
 or any persons concerned therein, or the Interest of the Earle 
 of Kynoule should be managed by the said Agents unlesse 
 they are willing to approve of the same, But that they haue 
 power to nominate such Agent for themselues as they shall 
 think fitt, who is hereby authorized to act in their concernes as 
 effectually as either of the Agents aforenamed in the con- 
 cernes of the other Creditors. But whereas your Lordship 
 is obliged by virtue of the Kings letters Patents to pay into 
 his Majesties Exchequer the one Moytie of the profits 
 arising from the said Islands which is now otherwise to be 
 applyed for the satisfaction of the payments aforesaid, your 
 Lordshipp is therefore by virtue of this presente order 
 Declared to be indemnified for the non payment thereof into 
 his Majesties Exchequer. And soe recomending to your 
 Lordshipps particular care the whole composure of these 
 differences, wee bid your Lordshipp heartily farewell. 
 
 [p. 104. H 2.] 
 
 [653.] Whitehall, 19 April : 
 West Indies. Memorandum The seuerall Acts for the Barbadoes and 
 other the Caribee Islands were this day approued and Rati- 
 fyed in Councell And in regard It was since Ordered That the 
 Acts verbatim should be Entred in the Councell Bookes and 
 noe space sufficient to containe them being here left The 
 P Order for AUoweing and approueing the said Acts together 
 with the Acts att Length are hereafter enterd att large. 
 
1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 397 
 
 vizt between the last of July and first of August next, 
 p. 228. [p. 112. last \] 
 
 Whereas his Majesty hath given powers by his Commission 
 unto the Governor Councell and Assembly of the Caribee Islands 
 to make Lawes in the said Islands Respectiuely Which Lawes 
 are to continue and bee in force But one year unless his Majestie 
 shall bee pleased to confirme the same And whereas the said 
 Governour Councill and respective assemblyes of the respec- 
 tive Islands of Antegua Mountserrate Nevis St. Christophers 
 and Barbadoes Haue presented unto his Majestie severall 
 Lawes hereunto annexed vizt two dated att Antegua the 
 24:th and 27th dayes of May 1664 One whereof Intituled 
 an Act for the repealeing of a former Act made in this Island 
 Concerning Porestallerj and Regraders and for giving Ihe 
 Inhabitants liberty to buy and sell The other^ Intituled an 
 Act for the settling an Impost on the comodityes of this 
 Islande of Antegua [and similar acts for settling the imposts 
 in the islands of Montserrat, Nevis, St. Christopher, and 
 Barbados] Which said Acts were read in Councell and referred 
 to a Comittee of the Board And upon readeing their Report 
 his Majesty with the Advice of his Privy Councell Having 
 Considered the said Lawes Doth enact Confirme approve and 
 Ratify the same Provided always That one Provisoe m the 
 said Act for Barbadoes in theise words vizt. Provided alsoe 
 That the growth and produce of the said Lands mentioned 
 in the precedeing Provisoe, (That is to say the lands Com- 
 monly called or knowne by the name of the Ten thousand 
 Acres The merchants Lands Granted by the late Earle of 
 Carlisle to Marmaduke Rowden Esquire William Perkins 
 Alexander Banister Edmund Foster Captaine Wheateley and 
 others their Associates) Bee not lyable to Taxe Impost or 
 Custome ; Imposed by this Act any thing in the same 
 seemeing to the Contrary Notwithstanding bee thereout Ex- 
 cepted which said Provisoe his Majesty doth not approve of 
 But disallow make void and absolutely null the same. 
 
398 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 
 
 [All these Acts are given in full in the Eegister. The 
 Antigua Act for liberty to trade runs] : Whereas by 
 a former Act made in this Island of Antegua concerneing 
 forestallers and Regraders intending thereby all such as 
 should by Goods out of shipping and sell them againe 
 Or sell without Lycence any Goods whatsoever under certaine 
 penaltyes which being now taken into consideration And 
 upon debate by his Excelency and his Councell and Gentle- 
 men of the Assembly it appeared to bee very prejudicial! 
 to the Inhabitants Especially as the Condition of the Island 
 now stands for Remedy therefore for the future Bee it Enacted 
 And it is hereby enacted by his said Excellency .... 
 by and with the Advice of his Councell and the Gentlemen 
 of the Assembly Representative of the Island And by the 
 authority of the same that all such former Act or Acts see 
 made as aforesaid bee hereby repealed made void and null 
 And it is hereby further enacted by the Authority aforesaid 
 That from the time of the publication of this Act any ship 
 or vessell comeing to this Island the Master of the Ship haueing 
 been with the Governour And entred his said ship or vessell 
 and taken Lycence to trade That then It shall bee lawfull 
 for the Inhabitants of this Island Or any merchants Factors 
 or dealers to sell buy and Trade either for what they 
 bring or buy without any further Lycence Anything in this 
 Act or any other Act made in this Island to the Contrary In 
 any wise Notwithstanding. 
 
 [The passing of the Bill by the Representatives and by 
 the Council, both on 27 May, 1664, and the assent of the 
 Governor on the 30th, are attested by Charles Beavoir.] 
 
 [The Acts for settling the 4i%duty on commodities exported 
 are much alike for the several islands. That for Nevis will be 
 found hi the " Acts of Assembly Passed in the Island of Nevis 
 1664-1739," London 1740, pp. 1-3 : and that for Barbados 
 m the corresponding collection published in 1732, like that 
 for Nevis "by Order of the Lords Commissioners of Trade 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 399 
 
 and Plantations."* The printed laws of Montserrat and of 
 Antigua begin with the year 1668 and those of St. Christopher 
 in 1711. 
 
 The St. Christopher Law follows that for Nevis with the 
 insertion in the forfeiture clause of the words — " or any wayes 
 exported out of the English Quarters towards the French 
 Ground or within one hundred paces of the partage Lyne of 
 the two nations." 
 
 The Montserrat Act omits the particular proviso saving the 
 rights of the King and the Governor over lands granted or 
 encroachments made upon the sea between 1650 and the 
 appointment of a Royal Governor. 
 
 The section regarding the confirmation of titles to land is 
 expanded in the Antigua Act, which makes provision for 
 forfeiting land taken up and deserted, unless the owner lay 
 claim to it and bring it into cultivation within two years if 
 resident in Europe or one year if in the West Indies, and 
 furnish it with one Christian man servant for every twenty 
 acres of land.] [pp. 228-239.] 
 
 [C.S.P. II. 981.] 
 
 [654.] WhitehaU, 28 April : 
 
 Upon the Petition of Paul Hobson a prisoner in the Tower Carolina, 
 setting forth his weake and Infirme Condicon in restraint 
 Not likely to live unless Uberty bee given him of goeing 
 abroad It is this day ordered his Majesty present in Councell 
 that the said Paul Hobson giving in bonds with good security 
 of one thousand pounds to the Clerke of the Councell con- 
 ditioned That hee will goe on board such ship as his grace the 
 Duke of Albemarle shall direct for the Province of Carolina 
 in the West Indyes and shall not thence returne without 
 Licence of this Board first obtained The Lieutenant of the 
 Tower bee and is hereby authorised and required to 
 permitt him to goe on board such ship accordingly. 
 
 [P- 120. 1! 3.] 
 
 • The Barbados Act may be more conveniently found in Bryan Edwards' 
 "History of the West Indies." 
 
400 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 
 
 [655.] Whitehall, 3 May : 
 
 Jamaica. [Fifty barrels of gunpowder are ordered to be transported 
 
 to Jamaica for his Majesty's service there.] [p. 123. ^ 3.] 
 
 [656.] Whitehall, 12 May : 
 
 Barbados. The Petition of Averina late Wife of Richard Holdopp 
 
 Esquire [is ordered to be shewn to Ferdinando Gorges 
 Esq. and others who are agents for Lord Willoughby of 
 Parham, who are required speedily to put in their answer 
 thereunto, that a convenient time may be appointed for 
 hearing the same]. [p. 137. ^ 1.] 
 
 [657.] Whitehall, 24 May : 
 
 Barbados. This Board being Informed by the Affidavits of Nicholas 
 
 Martyn and John Hoskins of certaine opprobious and 
 reproachfull words uttered by one called Major Jacob Withers 
 agaiast the Lord Willughby of Parham, [warrant is issued 
 for Withers' apprehension and appearance at the Board on 
 26 May. [p. 151.] 
 
 On 14 June he appears in custody and is remanded to 
 the Fleet prison till further orders.] [pp. 175 & 177.] 
 
 [658] Whitehall, 9 June : 
 
 Montserrat. Upon the humble petition of Peter ChamiUart, on behalfe 
 of himself e, and Guy Chamillart his Brother, Subjects to the 
 French King (this day read at the Board) Setting forth. That 
 in August 1662, the Petitioner did Lade in the Shipp the St 
 Peter of Gronnick in Holland (Christian Eluez then Master) 
 sundry Goods, in an Inventary specifyed. Consigned to be 
 delivered at St Christophers, to Mr. John Horst their fEaotov 
 there ; That in December following, the Shipp with her 
 Lading was seised by Robert Downham of Plymouth, and 
 carryed to Mount Serrat, and by Mr. Osborne, (then Governor 
 there) endeavoured to Condemne the said Shipp and Goods 
 for Prize, upon a pretended Commission from the King of 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 401 
 
 Portugall, under pretense of Warr between the said King 
 and the States of Holland, whereas Peace had been published, 
 and aU such Commissions revoked 4 moneths before. And 
 when his Majestie had Interdicted aU his Subjects to act 
 anything Upon such Commissions ; And although the said 
 Osborne well knew that such Prizes were not lawfuU, yet 
 he caused the Ladeing of the said Shipp to be deposited in the 
 hands of one Captain Bentley in the said Island, Who remaynes 
 security for the same in 5,000/. sterling. That notwith- 
 standing aU I he Chargeable Meanes the Petitioners have Used, 
 and his Majesties Letters of the 15th of May 1663 by which 
 it Was Ordered, that Downham should be constrayned by 
 Justice to do right to the Petitioners yet they could never 
 receive Restitution or Satisfaction ; And Praying, that the 
 said Osborne, Moyer Byde, (the present Governor of Mount 
 Serrat) and Captain Bentley with whom the said Goods were 
 deposited (amounting to above 120000 lbs. weight of sugar 
 of the firench Islands) should make restitution, or pay the 
 Value thereof in Sterling Money to the Petitioner being 782?. 
 as by the said Inventary. [The petition was ordered to be 
 transmitted to Lord WUloughby of Par ham with instructions 
 to cause justice to be done in the matter, and to report to 
 the Board.] [p. 172.] 
 
 [A letter with these instructions to Lord Willoughby is 
 appended to the Order.] [p. 173. ^ 1.] 
 
 [659.] Whitehall, 16 June : 
 
 Severall Merchants of London by their humble petition Plantation 
 
 Trade 
 
 representing, That they daylie expect the returne 
 of sundry Ships of great Value from Barbado's and other of 
 the Charybe Islands, Virginia the Streights and other Places, 
 who are like to fall in with the Soundings, and Lands End 
 in a time of imminent danger ; And there being, at present, 
 a great number of Dutch Capers, or private Men of Warr 
 attending thereabouts purposely, who are of so considerable 
 force, that they have lately taken several Shipps of good 
 
402 ACTS OF THE PRIVY COUNCIL (COLONIAI.). [1665. 
 
 Burthen and Value ; and some of them from under the 
 Protection of One of his Majesties Ships ; And praying that 
 they may be secured in their Trade by a competent Guard 
 appointed for those Seas, [their suit is referred to the Lord 
 High Admiral, with instructions to detail a competent 
 guard]. [p. 180. ^ 3.] 
 
 [660.] Whitehall, 16 June : 
 Barbados. [The case of Francis Cradock's office of Provost Marshall 
 
 in Barbados is ordered to be heard on the 23rd of June.] 
 
 [p. 181. 11 2.] 
 [661.] Whitehall, 5 July : 
 
 Quakers [A number of convicted Quakers in the County Gaol of 
 
 ranspor e . jjgj.|;fQj,(j g^j-g ^q ^^ transported to some of his Majesty's 
 plantations " excepting Virginia and New England " in the 
 Nicholas of London, Capt. Gates, who with sixteen mariners, 
 is given a protection against impressment. The names are :] 
 Nicholas Lucas, ffrancis Pryer, Henry ffeast, Henry Marshall, 
 John Blindall, Samuel Treyherne, Jeremiah Heme, Robert 
 Crooke, Robert ffairman, Richard Thomas, John Brestbone, 
 Henry Stent, Lewis Lawndey, Thomas Messe, William Burr, 
 Thomas Burr, Robert Hart, Henry Sweeting, William Larkin, 
 Mary Whittenbury, Samuel WoUestone, Thomas Crawley, 
 Edward Parkin, John Witham, William Adams, Michael 
 Day, John Thorrowgood, Jeremiah Deane, John Picket, 
 William ffairman. [p. 200. H 1.] 
 
 [662.] Oxford, 20 October : 
 Navigation The humble Petition of Samuell Wilson of London Merchant 
 (being this day read at the Board) Shewing, That severall 
 Merchants of London in January 1663 ffreighted a Shipp 
 called the John of London (James Bonnell Master) for Malaga, 
 to be Laden with wines, but not finding things there according 
 to expectation, was necessitated to take a ffreight of wines 
 for New England, from Whence, after sale of the Wines, the 
 Shipp departed for Barbado's, and from thence to Piscatuqua 
 in New-England, where shee was Laden with ffish for Bilboa, 
 
 Act 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 403 
 
 and from thence to Cadiz ; In which severall Voyages the 
 losse amounted to about 7001., so that Upon a real] and 
 urgent necessity, be was inforced to sell the Shipp at Cadiz, 
 to Mr. Robert Wilson Merchant, then there, for the payment 
 of Debts and Wages, who appointed Zachary CuUen Master 
 of her ; And the said James BonneU (the former Master) is 
 now returned into England, who having been so long abroad, 
 and at so great a distance, knew nothing of the late Act, pro- 
 hibiting this manner of Trade from New-England to Malaga, 
 As by an Affidavit to the said Petition annexed appeared. 
 The Petitioner making his humble Addresse by Petition to 
 the Lord High Treasurer of England, for freeing of the said 
 Shipp and Goods, His Lordship [on 16 October, 1665, 
 referred the matter to the Farmers of the Customs, who on 
 17 October submitted the following report :] This Case 
 concerneth a Marchant that hath ever dealt fajTely, otherwise 
 wee should not be easy of beliefe that the Master could be so 
 long ignorant of the Act ; But it being positively sworne, wee 
 cannot but give credit unto it ; And Trade being so interrupted 
 as it is amongst Us by reason of the Contagion, that they want 
 Shipps to bring home their effects. Wee humbly submitt it 
 to your Lordshipp whether the length of the time, the ignorance 
 of the Master, and the present necessity of Shipping may 
 not induce a dispensation from your Lordship. Ni. Crisp, 
 J. Harrison. [All which being duly considered. His Majesty 
 orders that the breach of the Act of Navigation be fuUy par- 
 doned, and the] said Shipp with her Lading from Malaga, or 
 any other Port of Spain (wholy excepting the Canary 
 Islands) be permitted freely, and without any trouble or 
 molestation, to come into, and discharge her Lading in any 
 of his Majesties Ports of this Kingdome, the said Act of 
 Navigation, or anything therein contayned to the contrary 
 in any wise notwithstanding. [pp. 275-6.] 
 
 [663.] Oxford, 25 October : 
 
 [License is given to all merchants trading to Malaga, Plantation 
 Alicante, and other foreign parts to bring home their goods 
 
404 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1665. 
 
 in foreign bottoms notwithstanding the Act of Navigation] 
 Provided, that no Use or Liberty hereof be made or taken 
 in relation to his Majesties fforraigne Plantations. 
 
 [pp. 281-2.] 
 
 [664.] Oxford, 10 November : 
 
 Jamaica. Upon reading this day at the Boord the humble Petition 
 
 of Don Juan Ximenes de Bohorques Knight of the Order of 
 Calatrava and a Subject of the Catholique King Complajmiag, 
 that 2500 Quintals of Logwood and 75 Pattachas of Spanish 
 Tobacco are deteyned from him by George Robinson and 
 others, And praying, That the said Robinson may be sent 
 for to answer the Petitioners demands, or that the Goods, 
 or Money for which they were sold may be secured in the 
 hands of whomsoever it shall appeare to remaine, [the petition 
 was referred to the Duke of Albemarle with instructions to 
 investigate the matter, and to report]. [p. 291. f 1.] 
 
 [C.S.P. II. 1150.] 
 
 [665.] Oxford, 11 November : 
 
 Barbados. [A warrant for the imprisonment in Oxford Castle of 
 
 Samuel Parmer] for severall high Misdemeanors by him 
 comitted, tending to Rebellion, and the disturbance of his 
 Majesties Government in some of his Plantations. [p. 291.] 
 
 On 15 November it is ordered that Parmer receive a 
 copy of the articles exhibited against him by Lord 
 Willoughby. [p. 292.] 
 
 On the 22nd he is required, before he can be discharged, 
 to pay his fees to Robert Gyde, Sergeant at Arms, in 
 whose custody he remained for fifty-one days before his 
 imprisonment in Oxford Castle. [p. 295.] 
 
 On 15 December he is released on his own bond of 
 WOOL and two sureties of 5001. each, and on undertaking 
 to keep the Clerk of the Council apprised of his abode in 
 order that he may give answer whenever summoned by the 
 Council. [p. 306.] 
 
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 405 
 
 On 12 Jan. 1666 the hearing of the case is fixed for the 
 26th, and Lord Willoughby's agents are to be notified of this. 
 
 [p. 324.] 
 
 On 23 February, the hearing of the case, not taken on 
 26 Jan. because of his Majesty's sudden departure from 
 Oxford, is fixed for 9 March, and Mr. Champante, Lord 
 Willoughby's agent, is again to be notified. [p. 362.] 
 
 On 2 March the hearing is postponed to the 16th, William 
 Willoughy having urgent occasions which prevent his 
 attendance on the 9th. [p. 372.] 
 
 [666.] Oxford, 11 November : 
 
 The Petition and Papers of Don Antonio de Villa Vitiosa, Jamaica. 
 Councellor to his Catholique Majestic, and Agent of his 
 Embassage to this Court, touching the Ship St. Michael and 
 Sancto Domingo, whereof Sebastian Crespo Subject to his 
 Cathohque Majestie was Owner, seized in June 1664 by an 
 EngUsh Ship Henry Castines Comander, by vertue of Letters 
 of Marque from the Lord Windsor then Governor of Jamaica, 
 [are ordered to be sent to Sir Thomas Modyford, Governor 
 of Jamaica, with instructions, if the facts are as stated, to 
 obtain restitution of the ship and goods, or satisfaction for 
 them, or if neither is possible, to report to the Board]. 
 
 [p. 292. 11 1.] 
 [C.S.P. II. 1076.] 
 [667.] Ibid. 
 
 Upon reading this day at the Boord the humble Petition Jamaica. 
 of Don Juan Ximenes de Bohorques .... touching 
 his Ship Sancto Christo with her Goods and Lading of a very 
 considerable Value taken in October 1664 by Captaine Maurice 
 Williams Commander of an English ffregat called the Hope- 
 full Adventure, and carried to Jamaica : Which his Majestie 
 having taken into his Princely Consideration, and expressing 
 a great Desire, that Restitution and Satisfaction should be 
 made to the Petitioner of his said Ship and Goods, Did Order, 
 that the Right honourable the Lord Arlington Principall 
 
406 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6. 
 
 Secretarie of State do write to Sir Thomas Modyford, [request- 
 ing him to obtain restitution, and, if unable, to report to 
 the Board]. [p- 292. Ij 2.] 
 
 [On the 22nd, it is ordered that all parties in the suit 
 regarding logwood and tobacco attend the Lords Com- 
 missioners for Prizes, who shall report to the Board.] 
 
 ip. 295. t 1.] 
 
 [On 8 December, it is ordered that since Mr. Giles Litcot 
 became possessed of the logwood and tobacco by virtue of a 
 pretended sale or other assignation made with a design to 
 colour them from seizure yet in trust to the only proper use 
 and account of Don Juan Ximenes de Bohorques, as was 
 confessed by Mr. Litcot, he therefore restore to Don Juan in 
 specie or in money to the full value received such of the goods 
 as were taken into his custody at London : as for the goods 
 which came into the custody of Sir Martin Noell, now deceased, 
 such as remain unsold are to be restored, and for what has 
 been sold (Mr. Litcot assenting to the sale), Litcot must give 
 or procure satisfaction, and find his own remedy at law against 
 NoeU's executors or those who have received the proceeds 
 of the sale. And as Sir Martin's papers wUI not be available 
 for examination owing to the contagion in his house, Don 
 Juan is recommended] to deale fairely and friendly with the 
 said Mr. Litcot . . for haueing soe faithfully discharged 
 himsehe, of the Trust comitted to him. [pp. 302-3.] 
 
 [On the same day Thomas NoeU and George Robinson, the 
 executors of Sir Martin Noell, are ordered to be discharged 
 from custody.] [p. 303. f 3.] 
 
 [On 10 January, 1666, on Litcot's petition, all parties in 
 the case are ordered to be again heard by the Commissioners 
 for Prizes, to whom is also referred a petition of de Bohorques 
 for the imprisonment of Litcot tUl he should give satisfaction, 
 with instructions to examine the whole matter, and to 
 report. [pp. 321-2.] 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 407 
 
 On 27 April, Robinson and Noell as well as de Bohoques 
 are ordered to attend the next morning. [p. 4j8. ^ 3.] 
 
 For the settlement of the case see ^ 676.] 
 
 [668.] Whitehall, 25 February : 
 
 Upon the humble petition of Robert Williams Master of the Barbados. 
 Shipp called the Barbado's Merchant (this day read at the 
 Board) Setting forth, That the Petitioner with his said Shipp 
 sayled from Barbado's the 7th of July last ; intending for the 
 Port of Berwick, in Order to his Contract in Barbado's, and 
 in Obedience to the Act of Parliament, but was prevented by 
 distress of weather, forced into the Isles of Orkney, and after 
 long wayting there, proceeding for Berwick aforesaid, was 
 constrayned to putt into the Harbour of Liath in Scotland, 
 not being able to abide in the Road ; Where his Shipp proved 
 Leaky ; so that for Safety of Shipp and Goods he was iaforced 
 to Land his Merchandize there ; where the said Shipp 
 remayns under repayre, as by Certificats and Declarations 
 doth appeare ; and Praying, that his Majesties Dutyes for the 
 said Goods may be paid in Scotland ; and that, upon Payment 
 thereof, the Petitioners Bonds given in the Barbado's may 
 be Cancelled, It was this day Ordered ; that the said Petition 
 be [referred to the Chancellor of the Exchequer to] finde out 
 such Expedients, that his Majesties revenew may be secured, 
 and the Petitioner, so farr as with Justice may consist, be 
 Indempnified and releived. [p. 357. ^ 1.] 
 
 [669.] Whitehall, 25 February : 
 
 Upon the humble petition of William Leaner (on behalfe New York, 
 of himself and Thomas de la Vail late of London Merchant) 
 this day read at the Board, Setting forth, That the said Thomas 
 De la Vail did, about twelve or fowrteen yeares since, buy severall 
 Shipps and Goods of the Sub-Commissioners of Prize Goods at 
 Douer, and hath really and truly paid for all whatever, with 
 an Overplus ; That he said Thomas de la Vail is actually in 
 
408 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 
 
 his Majesties Service at New York in New England (formerly 
 
 called the New-Netherlands) as by a Certificate from the 
 
 Gouernour there appeared ; And that a Suit is prosecuted 
 
 against him ard the Petitioner (his Bayle) by Sir Walter 
 
 Walker, in his Majesties name ; whereby the Petitioners are 
 
 putt to great trouble and Vexation to prove the payment of 
 
 every parcell of his Money for Matters transacted so many 
 
 Years since, . . . And praying that the said Suit may 
 
 be ayther totally discharged. Or proceedings stopped untill 
 
 the returne of the said Mr. De la Vail (he having putt in his 
 
 Answer upon Oath before his departure upon the said 
 
 Imployment, and theie sett out. That he hath Overpayd for 
 
 whatsoever he bought and received upon the Accompt 
 
 aforesaid. . . . It is referred unto Sir Robert Wiseman 
 
 Knight his Majesties Advocate, and to Sir Walter Walker 
 
 Knight to examine and certify unto this Board the true state 
 
 of the Petitioners Allegations, whereupon further Directions 
 
 will be given, as shall be thought fitt. [p. 357. If 3.] 
 
 [670.] Worcester House, 6 March ; 
 Tobacco. A Letter to the High Sheriff of Glocester. [Despite previous 
 
 orders] Wee have lately received Information, that great 
 Preparations are making in the County of Glocester, much 
 new ground digged and broken up, and that the People there 
 seeme much resolued to persist in their Disobedience of plant- 
 ing Tobacco this yeare, to the great Prejudice of his Majesties 
 forraine Plantations and Customes, and Hinderance of the 
 Navigation of this Kingdome, [We therefore] wiU and require 
 you, That forthwith without any manner of Connivence or 
 flavour to any Person whatsoever you cause all such Tobacco 
 so planted set or sowne, or which shalbe planted set or sowne 
 within the said County of Glocester to be . . . destroyed 
 
 and also . . . . to be aiding and 
 
 assisting to Clement Dowle Esqr Collector of his Majesties 
 Customes in the Port of Glocester . . . . in the 
 destroying of Tobacco in that County. [p. 377. 1| 2.] 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 409 
 
 [Mr. Dowle's commission precedes this entry, in terms 
 similar to those of the warrant to Mr. Delavall (620).] 
 
 [TP. 377. H 1.] 
 [671.] Worcester House, 16 March : 
 
 [Samuel Farmer's answer, wherein he recriminates Lord Barbadoes 
 Willoughby, is heard, and a copy thereof ordered be sent to the 
 latter.] Upon whose Reply to the said Answer, or his Lordships 
 coming over into England himself in person, his Majesty will 
 againe take the Busines into Consideration. And in the 
 meane time, His Majesty being much dissatisfyed with the 
 Deportment and Proceedings of the said Mr. ffarmer. Did 
 order That he give 2,000Z. Bond with Two sufficient Sureties 
 to attend his Majesty in Councill, whensoever he shalbe there- 
 unto summoned, and not to depart this Kingdome without 
 Licence first obteyned from his Majesty. And that he dis- 
 charge the ffees due to the Serjeant of Armes and Messengers 
 in whose Custody he hath been. [p. 385. ^1.] 
 
 [672.] Worcester House, 30 March : 
 
 A Letter to the Lord WiUughby of Parham. Whereas the Barbados 
 Company of Royall Adventurers of England trading into Africa j"^a^iga 
 did by their Petition desire they might have Leaue to sup- 
 port the Bargaine they have made with Signior GriUo by 
 such Negros as shalbe procured by Signior GriUo himseK, 
 or any Agents employed by him, the better to comply with 
 a Contract they have made with him. His Majesty in CounciU 
 having taken the said Petition into Consideration, and finding 
 that in the present juncture of Affaires the Agreement cannot 
 otherwise be complyed with, Wee do in his Majesties name 
 pray and require you to permit all such Negros as shalbe 
 comprized within the numbers, that ought to be dehvered 
 to Signior GriUo by the said Contract, whether brought in 
 by Signior GriUo himself in the Ships of any Nation in 
 Amity with his Majesty, or by the Company into Jamaica or 
 Barbados, or by either of them procured upon the place, to 
 be reimbarked and transported from thence, paying no other 
 
410 ACTS OP THE PRIVY COUNCIL (COLONIAL), [1666. 
 
 Duty or Custome for the same than the Petitioners are lyable 
 to pay for such as they have sold, and do and shall deliver 
 unto the said Signior Grillo, the Company sending under their 
 Seale a Certificate of the Number that are to be deHuered 
 yearly to Signior Grillo, Which Indulgence his Majesty is 
 pleased to graunt as a flavour to the said RoyaU Company 
 that they may make use of it so far forth as they shall find it 
 for their Interest and extend it, or withdraw it, as they shall 
 see occasion, they signifying from time to time their desire 
 to you. 
 
 The like Letter was sent to Sir Thomas Mod3^ord Governor 
 of Jamaica. [p. 396. ^I 2.] 
 
 [673.] Worcester House, 30 March : 
 Tobacco. A Letter to the Lord Herbert of Ragland Lord Lieutenant 
 
 of the County of Glocester. [Upon the execution of the order 
 of 6 March] the Inhabitants of Winchcombe and Cheltenham, 
 as Wee are informed gathering themselues together in a riotous 
 and tumultuous manner, did not only offer Violence but had 
 like to have slaine the Sheriff, Giving out, that they would 
 loose their Liues rather then obey the Lawes in that case 
 provided, [We therefore] require your Lordship to be assisting 
 to the said Mr. Dowle in destrojdng all the Plantations of 
 Tobacco within that County with such parts of the Mihtia xmder 
 your Lordships Command as you shall judge necessary to 
 reduce those Mutineers to Obedience, and to effect that Worke 
 which is so necessary for the Encouragement of Navigation, 
 the benefit of his Majesties Customes, and support of his 
 foraine Plantations, and Wee have Ukewise thought fit to 
 acquaint your Lordship that his Majesty hath given command 
 to his Grace the Lord GeneraU to send a Troope of Horse to 
 lye at Teuxbury, to be assisting if there shalbe occasion. 
 
 A Letter to the Judges of Assize for the County of Glocester. 
 [Hearing that] the Inhabitants of the Townes of Winchcombe, 
 Cheltenham, Evesham, Teuxbury, Parshall and other Places 
 within the County of Glocester have contrary to their Duty 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 411 
 
 made great preparations of Beds of Tobacco this yeare, and 
 digged and broken up many Thousand Acres of Ground to 
 plant the same, to the hindrance of the Navigation of this 
 Kingdome, Diminution of his Majesties Customes and the 
 prejudice of his forraine Plantations, [We] pray and require 
 your Lordships at the next Assizes to be held for that County 
 to give the said Statute against Planting Tobacco in England 
 in charge to the Grand Jury, That the Breach thereof may 
 be severely punished, and to enquire particularly after the 
 mutinous and riotous carriage of the Inhabitants of Winch- 
 combe and Cheltenham against the Sheriff of that County. 
 [The Justices of the Peace, who have been very remiss in 
 this matter, are especially charged to give it their attention.] 
 
 [pp. 396-7.] 
 
 [674.] Whitehall, 6 April : 
 
 [A letter to Lord Willoughby of Parham. The Royal African Barbado.s 
 Company having complained] That Captaine Nicholas Pep- 
 pereU Commander of the Petitioners Ship Charles having 
 seized in the Coast of Guinny the Ship WiUiam and Susan 
 trading there in contempt of his Majesties Charter, and brought 
 her to Barbados to be there adjudged in his Majesties High 
 Court of Admiralty, the said Captaine was at his Arrivall 
 arrested by the Owners of the said Ship in an Action of 
 500000 pounds of Sugar at Common Law, Whereupon the 
 Petitioners ffactors applyed themselues to Your Lordship 
 and desired that the said Action may be dismissed from the 
 Common Law to its proper Judicature the Admiralty, which 
 your Lordship refused, and sitting in the Court of Admiralty 
 would not take any Cognizance of the Cause there, but left 
 them to defend his Majesties Charter at Common Law, as by 
 the Petition a Copy whereof is herewith sent your Lordship 
 may appeare. Which his Majesty having taken into Considera- 
 tion, hath commanded us to signify unto your Lordship That 
 it is his expresse Pleasure and Command That you forth- 
 with dismisse the said Action and Bayle out of the Court of 
 Common Pleas in that Island, in which it is depending and 
 
412 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6. 
 
 transmit the whole Case and pretence of the Plaintiffs 
 together with aU Writings and Papers thereunto belonging to 
 this Boord, His Majesty intending to take Cognizance thereof 
 himself. [p. 402. ^ 2.] 
 
 [675.] [1.] WhitehaU, 17 February, 1665 : 
 
 Bermudas. [The Govemor and planters of the Bermudas desire that the 
 ammunition and habiliments of war ordered for the fortifi- 
 cation and security of the islands on 28 January, as well as 
 the passengers, may be transported without molestation or 
 seizure in their magazine ship, the Real Friendship of London, 
 Thomas Bargrave master. The Council order the particulars 
 of the stores to be submitted to the Customs, who are then to 
 grant the desired pass. On 13 March, despite the imposition 
 of an embargo by order of 22 February, the Real FrieTidahip 
 is allowed to sail to the Bermudas with 20 men and a boy.] 
 
 [p. 50. II 3 and p. 72. "jj 4.] 
 
 [2.] WhitehaU, 31 March : 
 
 Whereas Andrew Hopkins Gentleman in behalf of George 
 Kirke Esquire one of the Proprietors of Newfoundland, and 
 now there Resident, did by his Petition this day read at the 
 Board represent, that the Inhabitants of that Island are in 
 a sad Condition, by reason that they are not supplyed with 
 Necessaries from England as they from time to time haue 
 usually been. And the Petitioner being employed to bring 
 them Releife, hath in order thereunto victualled a small Vessell 
 at Barnestaple called the Willing Minde Burthen 60 Tuns or 
 thereabouts, but in regard to the Embarque caimot proceed 
 in her Voyage, [he is granted permission for the said ship 
 and four mariners to proceed despite the embargo]. 
 
 [p. 88. t 2.] 
 
 [3.] WhitehaU, 21 AprU : 
 
 Barbados. [A pass is granted to Colonel John CoUins, "Governor of 
 
 the Burbuda " for the Daniel of London, Samuel Randall 
 master,] being by him freighted for Transportation, of himself 
 and family, with his goods and Servants, and other passengers 
 
 Newfound- 
 land. 
 
1666.] ACTS or THE PRIVY COUNCIL (COLONIAL). 413 
 
 to the Barbadoes ; [he] ofEering to attend the Lord chiefe 
 Justice, of his Majesties Bench, and take with him such 
 Prisoners, as his Lordshipp shall direct, and dispose of them 
 in his Majesties forreigne Plantations. [p. 110. f 3.] 
 
 [4.] WhitehaU, 7 June : 
 
 [On a favourable report from the OfScers of the Customs, Plantations. 
 Thomas Martia, merchant, is given safe conduct] for three 
 Shipps to any Port in Amity with his Majesty 
 saving onely to any of the Plantations, or other Places 
 prohibited by Letters Patents. [p. 168. ^ 3.] 
 
 [5.] Oxford, 3 November : 
 
 [The Lord High Admiral is to grant the Swedish Resident Barbados. 
 a pass for the King David from Rochelle to Limerick with salt, 
 and thence to Barbados, on the conditions laid down in the 
 dispensation of 6 March, 1665.] [p. 285. ^ 1.] 
 
 [6.] Worcester House, 6 April, 1666: 
 
 [The towns of Plymouth, Lyme, Dartmouth, Weymouth, Wost indies. 
 Barnstaple, Topsham, Chester, Liverpool, HuU, and New- 
 castle, are allowed each of them to send one ship to the 
 Caribbee Islands, Jamaica, or other his Majesty's plantations, 
 and MiUord Haven two, as soon as his Majesty's fleet shall 
 be manned, notwithstanding the embargo.*] 
 
 [p. 401. TI 5.] 
 
 CHARLES II. VOLUME VI. (4 May 1666-30 Sept. 1667.) 
 
 [676.] Worcester House, 9 May : 
 
 [George Robinson and Thomas NoeU, executors of Sir Don 
 Martin Noell, having accorded with Don Ximenes de ooh'o^ques.'' 
 Bohorques for a certain sum of money to be immediately 
 paid him, order is given for immediate payment of this sum 
 
 * TMs embargo had been imposed on 22 December 1665 {p. 311. H 1) : it 
 was renewed on 14 November 1666 (vi. p. 210. H 2.) 
 
414 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666. 
 
 in presence of Lord Arlington] ; And that vpon the said 
 payment the said Don Juan do give them a full Discharge 
 from all his pretentions to the said Wood and Tobacco which 
 came into the said Sir Martins hands, and that the said 
 Don Juan do dehver vnto the said Executors the Writing 
 which he received from Gyles Lytcott specifjring his said 
 Interest in the said Goods, and also that the said Don Juan 
 do assigne his said Interest over vnto the said Executors. 
 
 [V. 6. II 1.] 
 
 [677.] Whitehall, 18 May: 
 
 West Indies. [Memorandum of the renewal of the Letter of 19 April 1665 
 to Lord Willoughby (652)], With the alterations following vizt. 
 Instead of the Names of WiUiam Povey, who was therein 
 nominated their Agent, and in case of his death, or leaving the 
 "vide the Imployment Mr. Thomas Da vies to succeed in his place, Mr. 
 letter WiUiam Boseman is appointed Agent, and in Case of his death, 
 
 entered the or leaving the Imployment Mr. Alexander Beale. And in this 
 Aprill 1665." Clause, And although for the present. Wee say nothing con- 
 cerning the . particulars of them, yet Wee are to lett your 
 Lordshipp know that Wee all concurr to think it reasonable, 
 that the profitts of the said Islands being equally divided, 
 the Moyety appojoited for the payment of (these words 
 following vizt. (Earle of Marleborough and Earle of Kenoule 
 and of) were inserted by Mr. Secretary Morice with his owne 
 hand) the said Debts according to the hmitation of the said 
 Order, should be freed from all Charges of Collecting, or other 
 Charges incident to the Government there. All the rest of 
 the said Letter passed in Terminis as the former of the 19th 
 of Aprill. [p. 28. ^ 2.] 
 
 [678.] Whitehall, 30 May : 
 Tranaporta- [Warrant to the Warden of the Fleet to take into his 
 
 tion of 
 
 Quakers. custody Thomas May, master of the Anne of London, who 
 set on shore in the Downs severall Quakers whom he had 
 undertaken to transport to the Plantations.] [f. 44. \ 1.] 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 415 
 
 [679.] Whitehall, 6 June ; 
 
 [Committee for Jamaica ordered to] meete and Consider Jamaica. 
 of some Bills transmitted thence, to be made into Lawes, 
 and to then Report the same. [p. 48. ^ 2.] 
 
 [680.] Whitehall, 8 J\me : 
 
 [Cancerning the order of 30 May] Thomas May by Trausporta- 
 his Petition (this day read at the Board) Represents, That Quakers, 
 being bound to the Western-Indies, and having received 
 from the Gaoler of Hertford some Quakers to be transported, 
 arrived in the Downes, and wayting for a Winde the space of 
 a Moneth, had so spent his Provisions that he returned to 
 London to recrewt them, and in the interim his Passengers 
 gott on shore in such manner as in his Petition is suggested ; 
 And that since his late Committment, the Hatches of the 
 said Shipp have been broken vp, a great part of his Loading 
 taken out, without giveing any Accompt, or vpon what 
 Authority he knowes not, and praying to have Liberty (vpon 
 Bayle) to looke after the dehvery of the Goods in his trust 
 and Charge. [The petition is referred to the Lord Chief 
 Justice of the King's Bench, who is to give order for 
 May's prosecution, and for the present to release him on 
 bail, if he shall think fit.] [p. 48. Ij 3.] 
 
 [681.] Ibid. 
 
 Vpon reading the Petition of John Shorter of London Plantation 
 
 Trade 
 
 Merchant, Representing, That he having Contracted with 
 the Commissioners of his Majesties Navy, to bring from New- 
 England a Shipps Lading of Masts, and to deliver them into 
 his Majesties Stoares at Portsmouth, did send the Shipp 
 Orange-Tree of London (John Stubbs Master) for the same, 
 Which in her returne homewards with her Lading of Masts, 
 the 6th of Aprill last, was taken neare the Lands end by a 
 Dutch Privatier, and carryed as Prize into the Island of St. 
 Martins, where the said Master, and Nine Mariners are in a 
 starving Condition, each of them being allowed but one souse 
 
416 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 
 
 a day, and kept close Prisoners, and exposed to much misery : 
 [the Council recommends the Duke of York, Lord High Admiral 
 of England, to take speedy and effectuall care for their relief.] 
 
 [p. 52. II 1], 
 [682.] Whitehall, 20 June : 
 
 Tobacco. [Letters to the Sheriffs of ' Gloucester, Warwick, Worcester, 
 
 Oxford, Monmouth, Hereford, and Brecknock, stating that 
 his Majesty is wearied with continuated complaints, and 
 cannot but observe that his clemency is abused, and the 
 stubborn spirits of Nonconformists improved, in that they 
 continue digging up new grounds for planting tobacco; and 
 therefore ordering aU such tobacco so planted, set, sown, 
 curing or cured, to be destroyed, and every assistance given 
 therein to Clement Dowle.] 
 
 Also Letters of Assistance to each respectiue Lord 
 Lieutenant of the said Counties to assist the Shereifs and the 
 said Clement Dowle in the Service aforesaid. 
 
 Also a Warrant directed to Francis Steuens Esqr, One of 
 his Majestys Serieants at Armes, to bring before this Board 
 John Ryland, Thomas Gray, and John Lamport insolent and 
 tumultuous promoters, actors and assistants in Planting, 
 setting, sowing, &c., of Tobacco, in those parts. [p. 62.] 
 
 [683.] Whitehall, 6 July : 
 Barbados. [Francis Cradock having petitioned with regard to the 
 
 Attorney General's report on Lord WiUoughby's statement of 
 the inconveniences that may arise from Cradock's employment 
 as Provost Marshal of Barbados, that] forasmuch as the 
 Petitioner hath been at 1,000?. expence in vindicating to 
 Majestys Right, and his owne Interest to the said Office, and 
 yet is still suspended the profits thereof, and untill this be 
 determined from any other Imployment, He humbly prayed 
 a day of Hearing may be appointed, and such Order taken 
 for his Releife, as shalbe thought fit. His Majesty present 
 in Councill did Order, That WiUiam Willughby Esqr Brother 
 to the said Lord WiUughby haue a Copy of the said Petition, 
 
1666.] ACTS OF THE PRIVY COUlSrCIL (COLONIAL). 417 
 
 and with aU speed returne his Answer thereunto to this Boord, 
 And then his Majesty will appoint a day for hearing the 
 whole matter. [p. 83. ]| 3.] 
 
 On 4 Jan. 1667, Cradock's case is ordered to be heard 
 on the 26th, all parties concerned, especially William 
 Willoughby, to attend. [p. 258.] 
 
 [684.] WhitehaU, 11 July; 
 
 [On a petition from William Spence, John Cotter, and Transporta- 
 other sailors of the Anne representing that by reason of Quakers. 
 Captain May's imprisonment they are unable to recover 
 twenty months' wages, it is ordered that the Anne, 
 which has been seized on his Majesty's behaK as May's 
 property, be discharged, since no part of the ship belongs 
 to him, but] that the Judge of the Admiralty may put 
 in execution all legall meanes for seUing of the said ship for 
 payment of the Petitioners. [p. 90. T| 1.] 
 
 [685.] Whitehall, 13 August : 
 
 His Majestic taking into Consideration the present state Barbados, 
 and Condition of his Plantations in America, and particularly 
 that of the Island of Barbados, did Order, . . That 
 
 William Willughby Esqr . . do call vnto him some of 
 
 the most sufficient, able, -understanding Planters and Merchants 
 now Resident in and about this City of London interessed in 
 the stock of that Island, and joyntly with them advise and 
 Consider of, and propose such meanes and expedients as may 
 best Conduce to the present safety and preservation and future 
 setlement and prosperity of the said Is'and, [and report to 
 the Committee for Foreign Plantations]. [p. 128. ^ 1.] 
 
 [On the presentations of the report and proposals on 
 29 August, the Committee is directed to meet forthwith to 
 consider them.] [p. 142. ^ 1.] 
 
 [686.] Ibid. 
 
 [The Council refer to the Committee or to any three or st- 
 
 "• ■' Cliristopher. 
 
 more of them the] Petition of Collonell Clement Eueritt, George 
 
 27 
 
418 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 
 
 Hill, George Perin, and William Sewster . . . Shewing 
 That the Petitioners for severaU yeares past have Inhabited 
 within his Majesties Island of St. Christophers, and carryed on 
 a Considerable Trade to, and from that Island, vntill the 
 taking thereof by the French, by whom they are dispoyled 
 of their whole Estates to the value of fforty thousand pounds, 
 their Familyes driven out of the Island, and left destitute of 
 all releife ; And praying, that his Majestie would vouchsafe to 
 Conferr vpon them some small Prize Shipp or ffrigott mounted 
 with 30 Gunns, to carry about 40tie Men, with Tackle, Apparrell, 
 and ffurniture fitt for a Man of Warr, and also Letters of 
 Reprisall against the French, &c. [p. 144. | L] 
 
 [687.] Whitehall, 21 September : 
 Virginia. [The Council refer to the Judge of the Admiralty a dispute 
 
 between the owners of the St. John Baptist, a Swedish ship 
 of 500 tons, and John Reyer, who employed her for the 
 owner's interest, when she had been brought to Bristol 
 by a mutinous crew. It is alleged that] he hath made 3 severall 
 Voyages to Virginia whereby the said Shipp hath deserved 
 above 2500Z. ... [p. 165. ^ 2.] 
 
 [688.] Whitehall, 31 October : 
 
 Barbados. Thomas Middleton Esqr by his humble petition (this day 
 
 read at the Board) setts forth. That Robert Greene, late of 
 the Island of Barbado's deceased, by his last Will and 
 Testament (amongst other things) gave to his Sonn James 
 Greene One hundred acres of Land next adjoyning to a place 
 called the Mount Plantation, in that Island, belonging to the 
 Petitioner ; That the said Robert Greene, by his said last 
 Will and Testament directed, that in case eyther of his two 
 Sonns should depart this hfe before his wife Ehzabeth, then 
 the remayning Estate should be to the Survivors, and their 
 heyres for ever. That both the Sonns "being dead, the right 
 of those 100 acres was Uested in the said Ehzabeth, being 
 the longest hver of the Three. That the Petitioner bought 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 419 
 
 of the said Elizabeth, Relict of the said Robert Greene, the 
 Inheritance of the said One huadred acres : That one Edward 
 Chamberlain Marryes the Rehct of George Greene, who left 
 two Sonns ; And Chamberlain afterwards, in right of the 
 Children left by George, Commenced a Suit at Common La we 
 in the Barbado's against the Petitioner on the Childrens 
 behaKe, and recovers the said Estate ; That at this Tryall, 
 the said Chamberlain, who marryed the rehct of George 
 Greene, and Guardian to his Children, being then a Member 
 of the Court, and on the Bench, and his owne Brother, 
 Foreman of the Jury, and the rest, Freinds and Creatures of 
 their owne procureinge ; the Jury found for the Plaintiff 
 Chamberlain ; many of which Jury (before Judgement) 
 objected against (as is UsuaU and admitted beere) but could 
 not be heard : this being the first precedent in that Country ; 
 And the Sugar Canes thereon ready to breake was worth, 
 at least, One thousand pounds The petitioner being aduised 
 by his learned CounceU in this Land, that the said Ehzabeth, 
 the Rehct of Robert Greene had a good Right and Title in 
 Law to Convey the said Land to the Petitioner, and humbly 
 Praying Releif therein ; [Lord Willoughby was directed to 
 examine the matter], And to Certify unto this Board, with 
 aU convenient speed, the true State thereof, together with 
 the Lawes and Customs of that Plantation, in this and the 
 like Cases. [p. 198. ^ 2.] 
 
 [689.] Whitehall, 14 November : 
 
 [The Farmers of the Customs are to hasten away all ships Plantation 
 
 Trade 
 
 outward bound and to take bond of the masters for their 
 return by next spring :] to the end the Seamen and Mariners 
 may be back against the next Spring for manning of his 
 Majesties ffleetes .... such Ships as are bound to 
 any of his Majesties Plantations to returne (Wind and 
 Weather permitting) with their Complement of Seamen by 
 the 20th of April next at furthest into some one Port of 
 this Kingdoms." [p. 210. ^ 1.] 
 
420 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 
 
 Virginia. 
 
 Plantation 
 Trade. 
 
 [690.] Whitehall, 21 November : 
 
 Vpon reading this day at the Boord the humble Petition 
 of Robert Yate, Walter Tochnell, Wilham Merrick, Humphry 
 Parry, Gabriel Deane, Giles Merrick, Robert Bodenham, 
 Thomas EUis, John White, Wilham Downing, and Eliz : 
 Ahses Merchants late Owners of the Ship Alexander of 
 Bristoll, wherein they shew. That the said Ship was 
 unfortunately taken by a Dutch Caper from amongst the 
 rest of the Virginia ffleete about 60 Leagues to the West- 
 ward of Ireland in such manner as by the Narratiue annexed 
 thereunto is expressed, That had the rest of the ffleete 
 endeavoured her Recovery according to the expresse Agree- 
 ment of aU the Masters, she had not only been preserued, 
 but in all probabihty the Caper secured, And forasmuch as 
 by the long Resistance made by the said Ship the rest of 
 the fHeete were secured from Danger, and also by her Losse, 
 the Price of their Commodities so much advanced, as 
 without prejudice to them they may contribute to the 
 repayring the Petitioners Dammages, who otherwise wilbe 
 thereby inevitably ruined, They therefore humbly implored 
 his most sacred Majestic to consider their sad Condition 
 occasioned by the Dissertion of the said Fleete contrary to 
 Agreement, and that an Averidge may be set upon the 
 said Fleete for their equall concernment 
 [The petition was referred for examination 
 Dr. Jenkins, Judge of the Admiralty.] 
 
 On Dr. Jenkins' report on 12 December, 
 the case is fixed for 11 January. 
 
 On that date the case is referred back 
 
 in the Losse. 
 
 and report to 
 
 [f. 215. II 2.] 
 
 the hearing of 
 
 If. 244.] 
 
 to him as the 
 
 other parties have not been heard by him. 
 
 [f. 269.] 
 
 [691.] Ibid. 
 
 [A petition of several owners and commanders of ships 
 against the order of 14 November] That being not allowed 
 by the said Order any time for stay at the said Plant- 
 ations either for loading or unloading their Ships they 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 421 
 
 cannot returne within the time limitted, And that if any of 
 their Seamen should dye or hide themselues, whereby the 
 Master with all his Industry cannot find them to returne, the 
 Bond is forfeited, And therefore they humbly prayed, That 
 the Security for their Returne may be under the Condition 
 following vizt. That if the said Ships or Vessells shall not 
 stay in the Barbajios aforesaid aboue ffourty dayes to dis- 
 charge and load, and shall (Wind and Weather permitting) 
 and Restraint by the Kings Governors, and the Dangers of 
 the Seas excepted) returne into some Port of England before 
 the 20th of ApriU next, and that the said Master shall use 
 aU lawfuU waies and meanes to bring back in the said Ship 
 before the time aforesaid all the number of Mariners aboue 
 exprest, that shall be hving, and not leaue any behind 
 through his Default or Neglect, That then the ObHgation to 
 be void. [The petition is granted and orders given accord- 
 ingly.] [f. 216. '\ 1.] 
 
 [692.] Whitehall, 7 December : 
 
 [Despite the order of the Board of 6 AprU on the Royal Wost Indies. 
 African Company's petition] Lord Willughby hath refused 
 to Order the Judge of the Court of Common Pleas to 
 dismisse or send home the Bayle Bonds which were given to 
 the said Action by the Petitioners ff actors, which caused the 
 Plaintiffs to threaten the said Factors, That they or their 
 Heires shall suffer by them, and giue them Satisfaction. 
 And therefore humbly praying, That a Second Order may be 
 given to the Governor of the said Island, or the said Judge 
 not to fayle forthwith to dismisse the said Baile, and to send 
 the Bonds by the first Ship to this Boord. [The matter was 
 referred to the Committee for examination and report.] 
 
 [p. 231. Tl 1.] 
 
 [693.] Whitehall, 12 December : 
 
 [The Committee for Foreign Plantations to meet on the Committee 
 15th and WiUiam Willoughby to attend. The Committee are Plantations. 
 named : — Lords Chancellor, Treasurer, Privy Seal and 
 
422 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7. 
 
 Chamberlain, Earl of Anglesey, Lords Holies, Ashley, and Arling- 
 ton, Mr. Vice-Chamberlain, and Mr. Secy. Morice.] [p. 235. ^1.] 
 
 [694.] Whitehall, 21 December : 
 
 Barbados. Samuell ffarmer by his humble Petition to his Majestie 
 
 this day read at the Board, Setts forth, That the Petitioner 
 being sent Prisoner from Barbados, and being impatient in 
 his attendance here (which he humbly acknowledgeth was 
 just from his Majestie) and being wholy deprived of the best 
 of Comforts this world affords (the enjoyment of his Wife and 
 Children) it drove him imprudently at last on that course. 
 Which he now heartily Repents him of, and humbly beggs 
 leave to invoke heaven for his Witness, that in his late 
 application to the Parhament he had no thoughts in the 
 least of reflecting on his Majestie or his CounceU, but was 
 onely carryed on, by an over eager pursuit, and desire of 
 returning to his allmost ruined ffamily ; And therefore in the 
 lowest humihty Imploring his RoyaU Majestie to lett his 
 pitty and Compassion surmount his Justice, and vouchsafe 
 to grant that the Petitioners former many and knowne 
 sufferings for his Majesties sake, may plead in excuse of (though 
 not justify) his fayhngs And that he may by his Majesties 
 permission, and with his favour, have leave to wayte on the 
 new Governor to Barbados (whose arrivaU there in that 
 quahty, as it will much rejoyce the Petitioner so he doubts 
 not but it will be very acceptable to the Inhabitants) and 
 the Petitioners constant and vnwearyed endeavours there 
 in his Majesties service, for the promoting of his Interest and 
 concernes shall be vnfeignedly imployed, with cheerefuUness 
 and vigour to the vttmost of his meane abiUty ; . . . . 
 it is Referred to WiUiam Willoughby Esqr to do therein as 
 he pleaseth, and if he shall thinke it fitt, he is hereby 
 authorised to take the said Samuel ffarmer with him when 
 he goeth to Barbados. [p. 245. f 1.] 
 
 [695.] WhitehaU, 4 January : 
 Virginia. Vpon a Representation of Francis Moryson (this day read 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 423 
 
 at the Board) Setting forth how necessary it is for his Majesties 
 service, and for the defence and security of his Majesties 
 Subjects and Colony in Virginia, That twenty great Gunns, 
 Culverin, Demi-Culverin and Saker, with Powder and Shott 
 proportionable, and one hundred Horse Armes should be 
 speedily sent thither [The petition was referred to the 
 Commissioners of the Ordnance for consideration and report.] 
 
 [Moryson also petitioned] That a Frigat may be appointed 
 to Sayle from hence by the middst of February next, and to 
 Ride in Chesepeake Bay to secure the Shipps Trading 
 thither [This petition was referred to the Lord High 
 Admu-al to do as he shall think fit.] [p. 254. ]}]{ 2 and 3.] 
 
 [On 11 January the Lord High Admiral is authorised and 
 desired to give orders for a frigate to sail for Chesapeake 
 Bay by the date mentioned.] [p. 265. 1j 1.] 
 
 [696.] Whitehall, 18 January : 
 
 All parties having been heard, it [was ordered that] Francis Barbados. 
 Cradock shall and may execute the Powers of his Office of 
 Provost Marshall GeneraU of the Island of Barbado's according 
 to his Patent during his Ufe ; And that the Governor of the said 
 Island, may (if he finde it requisite) Constitute an Annuall 
 Sheriffe to execute all such Powers belonging to that Office as are 
 not within the Patent of the Provost Marshall Generall (the same 
 Person not to be Sheriffe oftner then once within ffive yeares) 
 And if the Inhabitants of the said Island finde themselves 
 aggreived with any parts of the Provost Marshall GeneraUs 
 Patent, as it is now executed, and shall desire to purchase 
 Mr. Cradocks Patent, in order to vest it in the Sheriffe, That 
 then the said Mr. Cradock do accept reasonable compen- 
 sation for the same. [p. 276. ^ 2.] 
 
 [697.] Whitehall, 23 January : 
 
 A Letter to WiUiam Lord WiUoughby of Parham his West Indies. 
 Majesties Captain Generall of the Caribbee Islands. [Recapitu- 
 lating the letter of 19 April, 1665, with the additions of 
 
Barbados. 
 
 New 
 England. 
 
 424 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 18 May, 1666, to his brother Francis, who is in all probability 
 cast away at sea.] [p- 281. Ust \] 
 
 [On the same date, it is ordered that a clause be inserted 
 in Lord Willoughby's instructions to obey all former orders 
 sent to his brother the late Governor] except where they 
 are contradictory one to the other. [p. 288. ^ 1.] 
 
 [698.] Whitehall, 23 January : 
 
 Vpon the Petition of Averina the Rehct of Robert Ban- 
 natine in behaHe of herseKe, and Hillyard her Sonne an 
 Infant, Shewing, That shee being lawfully possessed of a Plan- 
 tation in the Island of Barbado's called Locust-haU, together 
 with a Considerable Stock of Negroes, Cattle &c., therevpon to 
 the value of twenty thousand pounds sterUng, in September 
 1663, by Warrant of the Lord WiUoughby directed to the 
 Deputy Marshall, with Souldiers Armed, was dispossessed, 
 and his Lordshipp for the Consideration of two thousand 
 ffower hundred pounds sterhng sould the same to one Py and 
 his heires in ffee, granting the same vnder his Majesties Great 
 Scale of that Island ; which the Petitioner pretends to be the 
 proper Estate of her and her said Sonne Hillyard [The case 
 was ordered to be heard at the Board on 29th January, 
 Lord WiUoughby and others concerned attending]. 
 
 [p. 287. H 2.] 
 
 [On the 29th, the profits of the disputed plantation 
 are ordered to be sequestered into some indifferent hands until 
 a trial be had at law, for which the Court of Exchequer is 
 to settle an issue and proceed to judgment between all parties 
 pretending interest in the plantation.] [p. 297. ^ 3.] 
 
 [699.] WhitehaU, 13 February : 
 
 Sir WiUiam Warren . . . Setting forth, That although 
 he hath hyred and bought vp all the longest Shipps that he 
 could gett, fitt to fetch home from New England, for the 
 Service of the Navy, the long Masts there provided ; Yet to 
 prevent the vast Charge that his Majestic is at in lengthening 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 425 
 
 those Masts that are brought too short, he wants One Shipp 
 more for that Service ; And representing, that his Majestys 
 Shipp the Mars, now at Portsmouth, is not onely a very fitt 
 shipp of Length for that purpose, but also able, in this time of 
 Warre to Carry Gunns for defence of her Self and the other 
 Shipps that shall be on the same Service with her : Which 
 said Shipp the Principal! Officers and Commissioners of his 
 Majestys Navy are Ordered to Sell ; Whereupon he the said 
 Sir WiUiam Warren humbly prayed that the said Shipp might 
 be sould forthwith to him by Treaty and Appraisment and 
 not to be exposed to Sale by the Candle ; [The petition is 
 granted, and detailed orders are given for the sale to Sir W. 
 Warren]. [p. 308. U 1.] 
 
 [700.] Whitehall, 15 February : 
 
 Upon the humble Petition of Edward BusheU, Rowland West Indies. 
 Hill and John Hill Owners of the Shipp Batchelor, whereof 
 WiUiam lies was late Commannder (subscribed by the said 
 Owners) Showing, That their said Shipps being bound from 
 this Port of London for his Majestys Island of Neuis in 
 America, and touching at his Majestys Island of Barbado's 
 in her Course thither, was Imprested into his Majestys Service 
 by the Lord Willughby late Gouernour there, to serve in the 
 expedition for St. Christofers : And was vnder Contract, at 
 a certain Monethly freight, and the Shipp apprised and valued 
 at a certain Summe payable by his Majestic here in England, 
 or out of the Revenew of his Majestys Customs there, which 
 were engaged for the Security and freight of the said Shipp. 
 That the said Shipp, in the Company of his Majestys Shipp 
 the Couentrye, did engage with two French Shipps of Warr, 
 burnt the One, and tooke the other, and Landing their Men 
 forced the Enemy out of their Fort, and tooke It, when 
 suddenly a violent Hurricane arising the said Shipp Batchelor 
 was cast away vpon the said Island, with the Petitioners Goods 
 in her, intended for the releif of Neuis. And the Petitioners 
 and their Factors haveing applyed themselues to the Deputy 
 Gouernoiu- and Councell there for satisfaction for their said 
 
426 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 Shipp and freight, according to Agreement, and vnto William 
 Lord Willughby (lately appointed Gouernour of the Charybee 
 Islands) their answer is. That it is oat of their power to make 
 Satisfaction, without hia Majestys Order and direction ; And 
 prajdng that they may haue reparation for their said Shipp, 
 Freight and Losses, out of his Majestys Customs there 
 according to Agreement ; [The petition is referred to the 
 Lord High Treasurer and the Chancellor of the Exchequer, 
 who are to confer with Lord Willoughby, and settle some 
 means of satisfjdng the petitioners]. [p. 314. ^ 1.] 
 
 [701.] Whitehall, 15 February: 
 
 Baibados. The Owners and Commanders of the Shipps William and 
 
 John, the Brazile Frigot, the Concord, and the Exchange of 
 London . . . representing, That their said Shipps being 
 at his Majestys Islands of Barbado's vpon Merchants Imploy- 
 ments ; and haueing receiued on board them great Quantities 
 of Sugar and other Goods to be delivered in this Port of 
 London about the begining of September last, by Order of 
 the Deputy Gouernour and Councell of that Island were taken 
 vp ; and Imprested into his Majestys Service, and forced to 
 vnload and Land again all their Goods to their great Charge, 
 and wast and spoile of their Goods ; And afterwards were 
 contracted with by Commissioners authorised by the Deputy 
 Gouernour, and agreed to serve in those parts at a Monethly 
 Freight, for two Moneths certain, and so many Moneths more 
 as occasion should be ; And for payment whereof the said 
 Deputy Gouernour did engage his Majestys Customs of that 
 Island, in case his Majestie should not order Satisfaction in 
 England, referring themselues to their Contracts : In which 
 Service they contynued for some time, but were dismissed, 
 and permitted to take in their ladeing again, and to retume 
 for England ; [And having failed to obtain satisfaction from 
 the Deputy Governor and Council or from Lord Willoughby, 
 and seeking compensation either in Barbados or in England 
 by an order to the new Governor ; Such an order to cause 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 427 
 
 satisfaction and payment to be made from the customs revenue 
 of Barbados is now issued to William, Lord Willoughby of 
 Parham]. [p. 314. T| 2.] 
 
 [702.] WhitehaU, 22 February : 
 
 Benjamin Skutt and Joseph Skutt Owners of the Shipp Barbados. 
 Allen of Poole, Captain Josias Thomas Commander Shewing, 
 That the said Shipp, being vpon Merchants Trade at the Island 
 of Barbado's, was hyred by the Lord Willughby of Parham . . 
 to goe with him, as Rere-Admirall of the Fleet vnder his 
 Commaund in the expedition for St. Christofers. That the 
 Petitioners said Shipp escaped the Fury of that Storme in 
 which (its feared) many of that Fleet perished, and with much 
 difficulty recouered the Island of Neuis where, at the Peti- 
 tioners last intelligence from thence, she was actually in his 
 Majestys Service, vnder the Commaund of the Leiutenant 
 Generall Henry WiUughby ; And had been severaU times 
 engaged against the French with good success : [As Lord 
 WiUoughby refuses satisfaction to the petitioners without his 
 Majesty's order and direction, they petition for the hire of the 
 ship and reparation in case of her loss. It is ordered that the 
 petitioners be fuUy satisfied out of the customs of Barbados 
 according to the agreement between the late Governor and 
 the Captain of the ship]. [p. 3l7. 1j 3.] 
 
 [703.] WhitehaU, 1 March : 
 
 [On Lord Ashley's report the Governor of Barbados is ordered West indies, 
 to give satisfaction to the owners of the ship Bachelor, impressed 
 for service against St. Christopher and lost in a hurricane.] 
 
 [A marginal note reads : — ] It was declared in Council! 
 the 10th of AprUl, 1668, that the graunting Satisfaction for 
 Ships cast away by Tempest or by Hurricane is irregular 
 and not to be drawne into Precedent. [p. 325. ^ 2.] 
 
 [704.] WhitehaU, 13 March : 
 
 [Sir George Carteret, Treasurer of the Navy, is directed to West Indies, 
 cause 66Z. 19s., expended by Lord WiUoughby of Parham 
 
428 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667. 
 
 in brandy and vinegar for the use of the soldiers in the fleet 
 now bound for Barbados,] to be paid to the said Lord 
 Willughby of Parham, out of the Monies Ordered by Privy 
 Seale to Sir Tobias Bridge for the charges of a Regiment of 
 fEoote raised for his Majesties Service in the said Islands, if 
 there shalbe so much thereof remayning in his hands, If not, 
 That the Principall Officers and Commissioners of his 
 Majestys Navy do, and they are hereby required forthwith 
 to signe BiUs to the Treasurer of the Navy for payment of 
 the said summe out of such other Monies as are remayning 
 in his Custody, and to allow the same upon his Account 
 accordingly. [p. 333. ^ 2.] 
 
 [705.] Whitehall, 20 March : 
 Navigation [A letter to the Duke of Ormond orders] That all Restraints 
 
 Act 
 
 upon the Exportation of Commodities of the Growth or 
 Manufacture of Ireland to fforraine parts be taken off, 
 And [requires him] by Advice of Our Privy Councill there 
 to pubUsh such a Proclamation declaring Our Royali Pleasure 
 therein, and with such Clauses as may best manifest Our 
 Intentions for the preservation and prosperity of that 
 Our Kingdome and People ; Taking Care, that nothing be 
 done herein for Trade to or with Our fforraine Plantations 
 further or otherwise then the Laws aUow. . . [p. 343.] 
 
 [706.] Whitehall, 26 April : 
 
 Barbados. [On the petition of the owners of the Robert of Bristol for 
 
 compensation for guns and ammunition to the value of 
 76/. 95. 6d. taken from the vessel for his Majesty's service 
 at Barbados, for which redress cannot be had without 
 his Majesty's order, satisfaction is ordered to be made to 
 the petitioners on their convincing the Commissioners and 
 Officers of the Ordnance of the truth of their allegations.] 
 
 [p. 395. f 2.] 
 
 [A like petition is presented by Lawrence Deane for five 
 
 guns and furniture equal to those impressed from the Sermnna 
 
 of Galway at Barbados, and for compensation for six months' 
 
1667.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 429 
 
 detention of the ship there for his Majesty's service. When 
 outward bound, the Servanna successfully defended herself 
 from a French caper of 14 guns, though losing the master and 
 one of the crew ; but, for want of the guns, insurance on ship 
 and lading had to be effected for the homeward voyage. On his 
 satisfying the Commissioners and officers of the Ordnance 
 redress will be made.] [p. 396. ]| 2.] 
 
 [On 24 May, the Coimcil refer to the Commissioners and 
 Officers of the Ordnance a petition of WiUiam Webber mariner, 
 for himself and other merchants of London, for satisfaction 
 for guns, ammunition and materials to the value of 
 115Z. 17s. 6d. taken at Barbados in July last by Lord Willoughby 
 of Parham for his Majesty's service from the ship John and 
 Mary of London.] [p. 431. ^ 3.] 
 
 [707.] Whitehall, 26 April : 
 
 Sir WilKam Peake Knight Citizen and Alderman of London . . New 
 Representing, That the Petitioner for many yeares past hath ' " 
 Traded into New-England, and vended there great quantityes 
 of Enghsh Cloath, and other Manufactures and Commodityes 
 of this Nation, and being advertised by his Agents, that there 
 is a great want of Gunnpowder, aswell for the defence of that 
 Plantation, as for kilUng their necessary Provisions, which by 
 experience is found to be more advantagious with Gunns then 
 by the Bow, as formerly hath been vsed ; And the Petitioner 
 having a Considerable ifreight of Goods ready to be sent 
 thither. Praying Lycence to transport ffifty Barrells of 
 Gunn-Powder for the present vse and benefitt of the said 
 Plantation : [Ucence was granted]. [p. 397. ^ 3.] 
 
 [708.] Whitehall, 8 May : 
 
 [Monsieur Gravier's memorial for the release of French West Indies 
 prisoners having been read, he is required to wait on] the Lord 
 Arhngton, PrincipaU Secretary of State, who is hereby 
 authorised to Complement him with the release of the 
 Prisoners who came from Barbados. [p. 412. ^ 1.] 
 
 [C.S.P. II. 1478.] 
 
430 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 Plantation 
 Trade. 
 
 Tobacco. 
 
 Navigation 
 Acts. 
 
 Tobacco. 
 
 [709.] Whitehall, 8 May : 
 
 [The Order of 14- November ^ 1666] is vacated, and the 
 Officers and ffarmers of his Majesties Customs are required 
 to give directions to their Officers and Ministers, that from 
 hence forward they forbeare to take security of any Masters 
 of Shipps tradeing out of any of his Majesties Ports of this 
 Kingdome who shall have authenticall Passes from his said 
 RoyaU Highness to Trade to any of his Majesties Plantations, 
 or other fforraigne parts, but permitt them freely to proceed 
 on their respective voyages and Imployments the said Order 
 of the 14th of November, or any other to the contrary 
 notwithstanding. [p. 412. f 2.] 
 
 [710.] Whitehall, 24 July : 
 
 [Letters to the Sheriffs and Justices of the Peace of 
 Gloucester, Worcester, Hereford, Monmouth, York and Essex, 
 ordering them to destroy tobacco growing or grown, and] to 
 returne an Account in writing to this Boord of the names of 
 all such Persons in whose Grounds they shall find the said 
 Tobacco to be planted or sowne, or in whose Houses the same 
 is kept to be cured or saued, together with the quantity of 
 Ground so employed, and Tobacco cured, to the end the 
 Offenders may be proceeded against by such Exemplary 
 Punishment as their Offences shall deserue. [p. 507. ^ 1.] 
 
 [711.] Whitehall, 9 August : 
 
 [Whereas his Majesty did by an order of the Board of 
 22 March 1665 dispense for the time with certain clauses of 
 the Acts of Navigation,* and also promise to give at least 
 six months' notice before they again came into force, the 
 Attorney General is ordered to draft a proclamation revoking 
 the said order.] [P- 524. 1| 1.] 
 
 [712.] Whitehall, 14 August : 
 
 [The order lately issued for the destruction of Enghsh 
 tobacco having been sent by Job Dowle, from Mr. Isaac 
 
 * See entry under 6 March 1665. [649.] 
 
1667] ACTS OP THE PRIVY COUNCIL (COLONIAL). 431 
 
 Morgan, was] delivered to Mr. Gorge and John Chamberlayne 
 Esqr Justices of Peace of the said County [Gloucester], who 
 delayed and made difficulty to obey the said Order. [They 
 are therefore ordered to attend the Board on 28 August 
 to explain their conduct.] [p. 527. ^1.] 
 
 [On 30 August Chamberlayne's case is postponed to 13 
 September. [p. 552. ^j 1.] 
 
 On 6 September on his submitting a written explanation 
 it is postponed indefinitely.] [p. 563. ]| 2.] 
 
 [713.] Whitehall, 14 August: 
 
 [The SheriflE and Justices of the Peace of Gloucester having Tobacco, 
 been very neghgent in performance of their duty in destroying 
 English tobacco, Mr. SoMcitor General is ordered to consider 
 by what due and warrantable means and expedients its 
 growth, buying and seUing may be restricted, and to prepare 
 a proclamation accordingly.] [p. 528. ^ 1.] 
 
 [All Sheriffs, Deputy Lieutenants and all other his 
 Majesty's officers and subjects are ordered to assist the 
 commander of the troops which have been sent to destroy 
 Enghsh-grown tobacco.] [p. 528. ^ 2.] 
 
 [The Sheriff of Gloucester having been very neghgent in 
 executing the orders sent him, is required], all Excuses sett 
 apart, to be personaly assisting to the commander of the 
 said troopes, with such part of the Posse Commitatus as shall 
 be found necessary. [p. 528. ^ 3.] 
 
 [The Judges of Assize of Gloucester are again ordered to charge 
 the Grand Jury with the execution of the statute against 
 Enghsh tobacco and of the Navigation Act.] [p. 529. T| 1.] 
 
 [714.] WhitehaU, 16 August : 
 
 Phihpp Robinson of Much Maplested in the County of Tobacco. 
 Esex [having] Planted Tobacco in that Toune . 
 and .... the Constable of Maplested aforesaid 
 [having] neglected his Duty in causeing the said Tobacco to 
 be destroyed, [they are therefore ordered to attend the 
 Board on 23 August]. [p. 530. ^ 3.] 
 
432 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 [On 23 August, Robinson, pleading ignorance of the Act 
 against planting tobacco in England, is discharged on con- 
 dition of giving to the Farmers of the Customs 500L security 
 to cause the said tobacco to be totally destroyed within one 
 week [p. 539]. On 4 September, the Farmers of the Customs 
 being fully satisfied that the tobacco was totally destroyed, 
 they are ordered to dehver up to him his bond, and he is 
 discharged from further attendance, [p. 561.] On 6 September 
 the Farmers who had wished to keep the bond for his 
 future good behaviour and had put in a claim for their 
 charges, are ordered to return the Bond at once,] admonishing 
 him from henceforth not to Plant, or suffer any Tobacco 
 to be Planted on his Land at his Uttmost perill. [p. 563. ^ 1.] 
 [On 15 November, he petitions that the Farmers stiU detain 
 his bond and are bringing an action against him for the 
 forfeitures mentioned in the Act of Parhament. The matter 
 is referred to the Commissioners of the Treasury.] 
 
 [VII. p. 58. 11 3.] 
 [715.] Whitehall, 16 August : 
 
 Tobacco. [A warrant to Sergeant Harsenet. John Vaughan, Esqr. 
 
 High Sheriff of Hereford having slighted and refused to 
 receive the order of the Board tendered him by Clement Dowle, 
 is to be taken into custody and brought before the Board.] 
 
 [p. 532. 1j 2.] 
 
 [On 28 August the Sheriff appears before the Board 
 [p. 547 If 1.]. On 30 August he again appears and is 
 discharged from custody on promising to conform for the 
 future.] [p. 550. H 2.] 
 
 [716.] Whitehall, 28 August : 
 Newfound- Whereas sundry Petitions were this day presented and 
 '*"'*■ read at the Board (his Majestic present in Councill) Subscribed 
 
 by many Merchants, Owners of Shipps, and other Inhabitants 
 of the Townes of Totnes, Plymouth, Dartmouth, and Places 
 adjacent in the Westerne parts of England, Tradeing to 
 Newfound-Land, Representing, That the carrying on of that 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 433 
 
 vsefuU ffishing Trade tends greatly to the Increase of Mariners 
 and Shipping, and augmentation of his Majesties Customs ; 
 Yet severall Persons vnder specious pretences of Regulating 
 that Trade, but intending ther owne sinister ends, have 
 endeavoured to estabhsh a Governour, which hath heretofore 
 proved very pernitious to the said Trade , And the Petitioners 
 being Informed that the hke endeavours are now setting on 
 ffoote without their Consent or knowledge ; And that the 
 Petitioners sufferings and losses of late have been very 
 great, they are disabled to attend, and beare the Charges of 
 SoUicitation, and sending Witnesses at so great a distance 
 to evidence the many Inconveniencies they have already 
 Laboured vnder, and the impossibility that any advantage 
 should accrew to his Majestie, or any Improvement to the 
 ffishing Trade by such an Vseless and insupportable Charge 
 of a Governour there ; And Praying his Majestie would be 
 gratiously pleased to Impower such Persons of the County 
 of Devon as his Majestie should thinke fitt, to heare and 
 examine the whole matter, and make Report vnto his 
 Majestie and this Board ... Sir Edward Seymour, 
 Sir John Northcott, Sir Wilham Courtnay, Sir Thomas Carew, 
 and Sir Walter Yong Baronetts John Fowell, Thomas Reynell, 
 Richard Cabell, Thomas Boone, John Hale, and Gilbert 
 Eveleigh Esqrs . . . are Constituted and appointed by 
 this Board to Examine Matters of ffact concerning the Mis- 
 carriages of former Governours of New-found-Land to the 
 dammage of the Trade of that Place. [These, or any four 
 of them, being Justices of the Peace are empowered to take 
 depositions on oath, whch are to be forwarded under their 
 seals to the Board, to which the petitioners are also to 
 transmit reasons in support of their allegations that order 
 may be given for the good of the trade.] [p. 547. ^ 3.] 
 
 [C.S.P. II. 1561. IT.] 
 
 [717.] Whitehall, 30 August : 
 
 [The Committee, to which Sir William Coventry and Committee 
 
 for Foreign 
 
 Sir John Buncombe are added, is directed to meet] to Morrow Plantations. 
 
Sir John 
 Harman's 
 
 434 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 Morning . . to advise and Consider what may be fitt 
 to propose to his Majestie about the rendition of Places in 
 America, with their Opinion what their Lordshipps shall 
 conceive necessary for his Majestie to doe therein, and what 
 Orders and Dispatches shall be thought fitt to be sent to the 
 Plantations in those parts, and to whom they shall be 
 directed. [p. 551. ^ 2 and p. 554. ^ I.J 
 
 [718.] WhitehaU, 11 September : 
 
 [The Duke of York is ordered to] send speedy Order to 
 fleet. Sir John Harman, That he be permitted to receive Merchants 
 
 Goods, the ffreight thereof to be for the Kings Accompt into 
 those 12 or 13 vessells vnder his Command in America, 
 assuring the Captaines of the said severall Shipps that they 
 shall have a third part of the profit thereof ; Provided that 
 no Goods be stowed between Decks, nor the Shipps hereby 
 rendred vnfitt for service, nor that they delay their voyage 
 home in expectation of ffreight, least thereby the expence of 
 Victualls and Wages exceed the profitt to his Majestie, and 
 further, what Prizes he hath taken which were outward bound 
 that he make sale of them there, but those that were home- 
 wards bound that he bring them with him to be sold here. 
 
 [p. 568. T[ 2.] 
 
 [C.S.P. IT. 1573.] 
 
 [719.] 'Whitehall, 23 September : 
 
 Navigation [The Attorney General is ordered to prepare a draught of a 
 
 proclamation revoking the Order of 25 Oct. 1665 for importing 
 
 and exporting goods in foreign bottoms and all other orders 
 
 issued during the late war not in accordance with the 
 
 Acts of Navigation.] [p- 594. ^ 2.] 
 
 [720.] Whitehall, 23 September : 
 Councils of [The Committee are directed to consider] the Commission 
 
 Trade and of . 
 
 riantations. and Instructions directed to the Councill of Trade, as also the 
 reviving the said Comission of Trade, and Addition of some 
 others vnto them, and the vniting of the Councill of Plan- 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 435 
 
 tations with the other ; And that their Lordshipps do meete 
 about this Business on Wednesday next in the afternoone, To 
 which purpose George Duke Esqr Secretary to the CounciU 
 of Trade, and Sir Philip Froud Secretary to the Commis- 
 sioners for fiforraine Plantations are required then to give their 
 attendance, and to bring with them all such Commissions, 
 Instructions and Papers as may best Informe their Lordshipps 
 in their Proceedings. [p. 594. ^ 3.] 
 
 [721.] Whitehall, 23 September : 
 
 FThe Lord High Admiral is desired to orderl Sir John Sir John 
 ° _ Harman s 
 
 Harman to leave fifoure or ffive of his Majesties Shipps of fleet. 
 
 Warr vnder his Command, and that the rest be sent home for 
 
 England, and that three Moneths Victualls be sent for those 
 
 Shipps which he shall retayue ; with especiall direction to the 
 
 Victualler of his Majesties Navy to take great Care to provide 
 
 good and wholesome Victualls for the Shipps aforesaid 
 
 [p. 594. Tl 4.] 
 
 On 30 October it is ordered that the 4 or 5 ships to 
 
 remain in American waters are to follow directions given by 
 
 Lord WiUoughby of Parham. [VII. p. 39. ^ 1.] 
 
 [722.] Whitehall, 27 September : 
 
 Vpon reading the humble Petition of Thomas Mountfort, Plantation 
 and Edward Richardson Merchants, Setting forth. That on 
 the 28th of January last the Petitioners did agree with 
 Lancelot Anderson of Hull Mariner for the Shipp the Adventure 
 of Hull to Sayle from Kinsale to Mary Land, there to take 
 in Tobacco, and returne via recta to Ireland, and there dis- 
 charge and dehver her Lading ; That in her returne with the 
 Virginia ffleet to the Lands-end, shee was Chaced by a Dutch 
 man of Warr above Londy, and forced into King-roade neare 
 BristoU for safe guard, where the said Shipp and Goods are 
 detayned by Order of the ffarmers of his Majesties Customes, 
 vnder pretence, that the said Shipp had not brought Cer- 
 tificate from the Governour of Mary Land of her entring into 
 bond there for Clearing, Landing, and Dischargeing her said 
 
436 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666-7. 
 
 Ladeing of Tobacco in some of his Majesties Dominions, and 
 vpon other Causes in the said Petition specifyed. [A copy 
 of the petition is directed to be sent to the Farmers of the 
 Customs who are required speedily to return to the Board 
 their answer thereto.] [p. 606. *[| 2.] 
 
 Ship Passes. [723.] 
 
 [].] Whitehall, 16 May, 1666: 
 
 [License to John Martin and company, merchants of Ply- 
 mouth, to transport from Galway to Barbados in the St. Peter 
 of Plymouth, (30 men and 16 guns), 2000 barrels of beef, 
 which have lain a long time and will be impaired and 
 utterly perish if not speedily despatched.] [p. 17. ^ I.] 
 
 Barbados. 
 
 Barbados. 
 
 Barbados. 
 
 Surinam. 
 
 [2.] Whitehall, 18 May : 
 
 [On the petition of Wilham Orchard and company, mer- 
 chants of Poole, a pass is granted for the Diligence of Poole, 
 Thomas Younge master with 10 Enghsh mariners, to go to 
 Barbados for the petitioner's effects which are in a perishing 
 condition there, and cannot otherwise be brought to Poole.] 
 
 [p. 25. t 2.] 
 
 [3.] Whitehall, 25 May : 
 
 [The Lord High Admiral to grant a pass for the Prosperous 
 of Sunderland, 100 tons, John Cullen master with 10 English 
 mariners, to go to Barbados in the interest of John Lettene 
 and company of Sunderland.] [p. 41. ^ 1.] 
 
 [4.] Whitehall, 30 May : 
 
 [Similar license for the Providence of Southampton, 80 
 tons, with 9 Enghsh mariners, to go to the plantations in the 
 interest of Matthew Reeves and company.] [p. 43. ^ 2,] 
 
 [5.] Whitehall, 28 November : 
 
 [Robert Shorten mariner and George Keck merchant peti- 
 tioning for permission for the pink Partnership of 70 tons with 
 8 men and a boy to sail with goods to Surinam, and tp h^ve 
 
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 437 
 
 twenty days more allowed them despite the Order for giving 
 bond to return by 20th April, which would disable them 
 from proceeding as the inhabitants there hve at great 
 distances and could not lade their goods in time, their desire 
 is granted in view of the urgent necessities of the plantation 
 and the small number of the crew.] [p. 220. ^ 2.] 
 
 [6.] WhitehaU, 5 December : 
 
 [On the petition of Gawen Corbin and company, showing Virginia. 
 that they built the Virginia Berkeley of about 80 tons in Vir- 
 ginia], and sent her over hither on purpose to haue her made 
 fitter for Service, and to returne thither againe Avith Com- 
 modities and Necessarys for building and beautifying a Church 
 there, which are accordingly provided by the Petitioners, 
 But finding, that by Order of this Boord, no Ship can go 
 forth without a Passe, and entring into Bond to returne againe 
 by a certaine time therein prefixed, And forasmuch as the said 
 Ship is to remaine in Virginia from whence shee came, and her 
 master and Saylers are of that Country and fitted for that 
 Service, the Petitioners humbly prayed a Passe for the said 
 Ship John Watson Master and Ten Mariners for Virginia, and 
 that they may be freed from entring into Bond. [The Petition 
 is granted on their convincing the Farmers of the Customs 
 of the truth of its contents.] [p. 229. ^ 1.] 
 
 [7.] WhitehaU, 7 December : 
 
 [On the petition of Matthew Page, planter in Virginia, a Virginia, 
 pass is granted for the Pelican of Virginia, 45 tons with 5 
 mariners, to sail to Virginia with wearing apparel and other 
 goods.] [p. 233. 1[ 4.] 
 
 [8.] Ibid. 
 
 [License is granted to WilHam Wood and other London Barbados. 
 merchants interested in some plantations in Barbados to 
 transport thither in their ship Rebecca ten geldings of the 
 value of 11. or Si. each, for making sugar.] {p. 235. ^ 3.] 
 
4S8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7. 
 
 [9.] Whitehall, 21 December : 
 
 Newfound- [License is granted to William Bruen merchant of Exeter 
 
 land. ^Q ggj^jj ^.jjg Reformation, WiUiam Toyer master with 8 men 
 
 and a boy, to Newfoundland for a considerable quantity of 
 
 fish which he has there.] [p. 243. ^ 1.1 
 
 [10.] Whitehall, 4 January, 1667 : 
 Newfound- Ambrose Mudd of Dartmouth Merchant, by his humble 
 Petition setts forth, That upon Lycence obtayned, he the last 
 yeare Laded for Newfound-Land, the Shipp Vnity of Dart- 
 mouth, Mark Bickford Master with thirty men with necessary 
 Provisions for that place, and with Orders and Instructions 
 to fortify the Harbour of St. Jones in the best manner he could 
 for their owne, and the Inhabitants safety ; And also to 
 build three Forts, and an House to such ffort at St. Jones 
 aforesaid, and to furnish them with severall Peices of Ord- 
 nance and Ammunition for their better security ; All which 
 was performed at the sole Charge of the Petitioner That the 
 Petitioner hath a great Quantity of Tra3aie-0yle, Fish, and 
 Salt remayning at St. Jones, and the said Place, the fforts, 
 and Inhabitants there, without additionall meanes of better 
 ffortification, subsistence, and releife of the said Inhabitants 
 lye open to great dangers and extremityes. And praying 
 Lycence for the Shipp Vnity (Mark Bickford Master) with 
 ffourteen Men and a Boy to proceed in their intended Voyage 
 to Newfound Land, to carry Provisions, and other necessaryes 
 for releife of his Majesties Subjects at St. Jones, and to take 
 and carry away about six Peice of Ordnance which lys at 
 fferry-Land vnmounted, vnto St. Jones aforesaid ; And that 
 some such proportion of Ammunition, and ffire-locks for better 
 fortification of that place, may be transported thither as shall 
 be thought fitt. [The petition is referred to the Duke of 
 Albemarle and Sir Thomas Chfford, who are desired and 
 authorised to send for Sir John Colleton Knight and to hear 
 all persons interested in the business, and to report to the 
 Board.] [p. 257. last IJ.] 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 439 
 
 [On 16 January a pass is granted in accordance with their 
 report, security being given to return by the end of May.] 
 
 [p. 266. ^ 1.] 
 
 [11.] Whitehall, 11 January: 
 
 [On a memorial from Lord Willoughby of Parham, a pass- Barbados, 
 port is ordered for three advice boats with a master, seven 
 men and a boy in each, to sail to Barbados. Merchant ships 
 in the River and in the Downs bound for Barbados are not 
 to sail without the appointed convoy, the East India Merchant.] 
 
 [p. .268. II 2.] 
 
 [12. J Whitehall, 25 January : 
 
 [The Royal African Company representing that they] have Barbados, 
 great quantityes of Sugars lying at Barbado's perishing for 
 want of Caske to fetch them home, to their exceeding great 
 losse and dammage, and having a small parcell of Pipestaves 
 for that purpose (not exceeding seven thousand flfive hundred) 
 now ready to be sent aboard a Shipp (Ijang in the Downes) 
 that should carry them to the said Island, and onely waytes 
 for an opportunity of a faire winde, which cannot be Cleared 
 in the Custome-house by reason of an Order of this Board 
 Prohibiting the Exportation of that Commodity, and Praying 
 Lycence to Transport the same. [Their Petition was granted.] 
 
 [p. 289.] 
 
 [13.] Ibid. 
 
 Samuell Scarlett . . . with his Shipp the Adventure jje.;^ 
 being Imployed by the Governor and Coloney of Plymouth England. 
 in New-England hither to fetch Ammunition, for the necessary 
 supply, defence and safety of that Plantation, having Letters 
 directed to his Majestie in that behalfe, but the same, together 
 with his said Shipp being cast away by distresse of Weather, 
 he saved his hfe by swimming ; And Prajdng Lycence to buy 
 Ammunition, and Protection for a Vessell to Transport it 
 to New-England . . . he is hereby Lycenced and per- 
 mitted to buy thirty BarreUs of Powder with BuUett and 
 Shott proportionable, and one Tunn of Match, [and granted 
 
Nevis. 
 
 Canlina. 
 
 Surinam. 
 
 New York. 
 
 440 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667- 
 
 a passport and protection for a ship of 50 to 100 tons to 
 carry these stores to Plymouth in New England]. [p. 292.] 
 
 [14.] Whitehall, 15 February : 
 
 [John Knights and Shershaw Gary, merchants of Bristol, 
 representing the distress of the island of Nevis for want of 
 provisions and clothing, and offering to furnish the inhabitants, 
 having the pink John of Bristol ready laden for that place, 
 " if the Island contynue under his Majestys Gouernment, and 
 not so straitly besieged that they cannot gett to It," the 
 Lord High. Admiral is authorised to grant a pass for the 
 vessel, Robert Hauskins master and six seamen.] 
 
 [p. 313. If 3.] 
 
 [15.] Whitehall, 22 February : 
 
 [License to Captain Anthony Langston to go with the ship 
 Elizabeth and 25 mariners to Carohna to fetch cypress masts 
 for his Majesty's service.] [p. 318. ^ 2.] 
 
 [16.] Whitehall, 27 March : 
 
 [On the petition of Robert Fen, commander of the 
 Catherine on behaK of himself and the owners, representing] 
 That out of a Respect as weU to His Majestys Service, as their 
 Relations in the Plantation of Surinam, they are willing to 
 set forth the abouementioned Ship, Burthen 150 Tons with 
 14 Guns and therein to transport thither upon their owne 
 Account 20 Barrells of Powder, 300 ffirelocks. Clothing for 
 500 Men, with good store of other necessary Provisions 
 which by the reason of the Warr, and obstruction of Com- 
 merce and Trade, the Inhabitants there stand in great need 
 of, to their great Discomfort, and extreame Hazard of their 
 Estates and Liues, the last Ship that was set forth for their 
 Supply being taken by the Dutch, [hcense was granted for 
 the Catherine to sail with twenty men]. [p. 354. % 2.] 
 
 [17.] WhitehaU, 12 April: 
 
 Upon the Motion of the right honourable the Lord Berkeley, 
 [there is granted] a Pass-port and Protection for the Shipp 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 441 
 
 Philipp of London, Henry Creyk Master, navigated with Ten 
 men and a Boye, freely to passe to New Yorke, near the 
 Long Island [p. 367. ^ 2.] 
 
 [18.] WhitehaU, 26 April : 
 
 [A pass for the flyboat Bobert of Bristol, 250 tons, Edmund Barbados. 
 Ditty master with 16 seamen, to carry provisions and servants 
 to Barbados.] [p. 398. f 1.] 
 
 [19.] Whitehall, 10 May : 
 
 [A protection granted to twenty or thirty mariners to bring Xew 
 to London from Plymouth the Benjamin, 300 tons, Benjamin "^ ^ ' 
 Guilham master, which has just arrived from New England 
 in a leaky condition and had all her men impressed in his 
 Majesty's service.] [p. 414. ^1.] 
 
 [20.] WhitehaU, 17 May : 
 
 [Protection for the Elizabeth and Mary of Topsham, 40 tons, Newfound- 
 
 land. 
 
 Giles Browne master with 8 men, prepared for the Newfound- 
 land fishing trade by William Vincent of Exeter.] 
 
 [p. 422. II 1.] 
 
 [21.] WhitehaU, 31 May : 
 
 [Protection for the Good Hope of London, 100 tons, Phihp ^^w 
 Dedandilo master with 10 mariners, to proceed to New Newfound- 
 England, Newfoundland, and Spain successively and to 
 return to England.] [p. 433. ^ 1.] 
 
 [22.] WhitehaU, 12 July : 
 
 [The owners of the ship Royal Exchange having represented New 
 that the vessel after proceeding as far as the Downs in her ^ 
 voyage to New England was forced to come back to Black- 
 wall for safety, where the Commissioners of the Navy took 
 her for a man of war and ordered her to be ready for his 
 Majesty's service by Thursday next, and having prayed for 
 discharge of the vessel on the ground that] there is great 
 Hopes of a Peace, and so his Majestic may very suddenly have 
 
442 ACTS OP THE PRIVY COUNCIL (COLONIAL). [l667. 
 
 no Occasion for her, and there being on board 150 Tonns of 
 rich Goods, which to unlade wilbe great Cost and Dammage 
 to the Petitioners, [order is given for the immediate restoration 
 of the ship with her tackle and furniture.] [p. 494. ]f 2.] 
 
 CHARLES II. VOLUME VII. (2 Oct. 1667-28 Aug. 1668.) 
 
 [724.] Whitehall, 2 October : 
 
 Sir John [In accordance with the order of 23 September to Sir 
 
 ?eet™^"^ John Harman, the Duke of York is ordered to] Issue 
 Warrant for such a Proportion of Victualls to be pro- 
 vided, and sent for the whole Squadron of Shipps vnder 
 Command of the said Sir John Harman, as may be sufficient 
 to bring home, such as are forthwith to come home, and 
 leave a fitting proportion for the rest. And if any of the said 
 Shipps be come away before the said Victualls shall arrive 
 at the Barbado's ; That then the Lord Willoughby Governour 
 of the said Island, do take Care that the said Victualls be 
 disposed of to his Majesties best Advantage. [p. 2. ^ 1.] 
 
 [725.] Ibid. 
 Committee It was this day Ordered by his Majestie in Councill, That 
 EngYan'd. the Right Honourable the Lords of his Majesties most 
 Honourable Privy Councill, formerly appoynted a Committee 
 for the Affayres of New England do Meet in the Councill 
 Chamber on Friday next the 4th instant afternoone, And 
 so from time to time if occation require, to make a Re-view 
 of what hath been done concerning that Plantation. 
 
 [p. 2. f 3.] 
 
 [726.] Ibid. 
 
 Leeward [The Council refer to the Committee for examination and 
 
 report the] Petition of the Merchants and Planters (in or 
 
 neare the City of London) Tradeing to the Leeward Islands 
 
 in the West Indies . . acknowledging his Majestys 
 
1667.] ACTS 0^ THE PRIVY COUNCIL (COLONIAL). 443 
 
 Princely Care for the Re-settlement and Protection of the 
 Inhabitans there, And of the Planters and Merchants 
 tradeing thither, And humbly Offering severall Proposalls 
 as Motives induceing their Duty and Service to his 
 Majestie, and to the pubhque Concernes of those Plantations. 
 
 [p. 4. II 1.] 
 
 [727.] Whitehall, 4 October : 
 
 [Concerning the ship Adventure of Hull (c/. 722)], Forasmuch Plantation 
 as the Petitioners haue Informed this Board that the Farmers 
 haue Appraysed the said Shipp and Goods, brought her from 
 King-road into Hunger-roade and there landed a great part 
 of the Tobacco, and are now dischargeing her whole Ladeing 
 in BristoU, It was this day Ordered (his Majestie present in 
 Councill) [that the matter be discussed on 7 October, when 
 the Farmers of the Customs are required to attend.] 
 
 [p. 5. Tl 2.] 
 [On the 7th it is ordered that Mountford and Richardson 
 have a copy of the answer returned by the Farmers of the 
 Customs and that both parties attend the Board for further 
 consideration of the business on Wednesday next the 9th 
 instant at 9 in the morning.] [p. 9. ^j 2.] 
 
 [728.] Whitehall, 9 October : 
 
 [On information from the officers of the Navy that the masters sir John 
 of several ships bound for Barbados can find storage for fleet™^"^ * 
 the victuals ordered for Sir John Harman's fleet now in 
 America but will only do so on payment of ready money for the 
 freight, amounting to at least llOOZ. for upwards of 500 tons 
 of provisions ; and that if this opportunity be lost the charge 
 of sending in any other way will be above lOOOZ. more besides 
 the inconvenience of a great delay : the Treasurer of the 
 Navy is directed to pay llOOL or any less sum which shall 
 be found requisite and to reimburse himseK out of the 
 product of his Majesty's ships which are ordered to be sold.] 
 
 Ip. 13. H 1.] 
 
444 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667. 
 
 [729.] Whitehall, 16 October : 
 Virginia. A Representation from the Governour and Councill of the 
 
 CoUony of Virginia, . . Reflecting upon some pretended 
 diferences between them and the Lord Baltemore, Lord, and 
 Proprietary of Maryland, [is ordered to be delivered to Lord 
 Baltimore ; both parties are to be heard at the Board on 
 Friday the 25th of October.] [p. 23. ^ 2.] 
 
 [730.] Whitehall, 23 October : 
 
 New York. The Petition of Peter Stuyuesant late Governour of the 
 City and Fort called Amsterdam and Generall of the New 
 Netherlands, for and on the behaKe of himseKe and the Dutch 
 Nation (now his Majesties Subjects in New Yorke) being this 
 day read at the Board, Shewing, That the Petitioner after 
 a Solemne Treaty upon Articles, Dated the 29th of August 
 1664, Did Surrender the Towne and Fort called Amsterdam, 
 into the hands of ColloneU Richard NichoUs, and did there- 
 upon acknowledg aU due Obedience Sweare Faith and true 
 Allegiance to his Majestic, That by the Sixt Artickle it was 
 Consented to, That any people may come from the Nether- 
 lands, and Plant in that Country, and that Dutch Vessells 
 may freely come thither, and any of the Dutch may freely 
 returne home, or send any Merchandize home in Vessells of 
 their owne Countrye, And Praying that a free Trade may 
 accordingly be allowed, Vpon Serious Consideration of the 
 present necessity of Trade and Commerce to be supported 
 and Encouraged in those parts, for the Common benefitt, 
 which cannot, at this time be supplyed from hence, and the 
 Dutch Inhabitants in New Yorke being now become his 
 Majesties Subjects (as aforesaid) It was this day Ordered 
 (his Majestie present in Councill) That a Temporary per- 
 mission for Seaven Years, with Three Shipps only be given, 
 and hereby is Granted, vnto the Dutch, freely to Trade, with 
 the Inhabitants of the lands lately reduced from the Dutch 
 into the Obedience of his Majestie, And that hereafter no Passe 
 Lycence or permission, be at any time given to any greater 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 445 
 
 Number of Shipps to Trade as aforesaid ; And hereof as 
 well his Majestys Governors in those parts, as aU other 
 Officers and Persons Concerned, are required to take notice, 
 and yeild due Obedience accordingly. [p. 29. ^1.] 
 
 [C.S.P. II. 1603.] 
 [731.] Whitehall, 23 October : 
 
 The Duke of Yorke . . is authorised, to Graunt his Passe New York. 
 and Lycence vnto Heere Peter Stuyuesant late GeneraU of 
 the New Netherlands, to returne to the place formerly called 
 the New Netherlands, and now called New Yorke, pursuant 
 to the Passport he had and received from CoUonell Nicholls, 
 for his Safe goeing for Holland, and returne into these 
 parts. [p. 30. ^ 1.] 
 
 [732.] Whitehall, 25 October : 
 
 Vpon reading the Petition of Nathaniell Newgate alias West Indies. 
 Newdigate of London Merchant, Shewing that he hath been 
 a very great Sufferer by the Losse of St. Christophers and 
 the Adjacent Island.s in the West Indies, to the value of Three 
 Thousand pounds and Upwards, in personall Estate, And 
 haveing bought a Shipp and fitted her for a Voyage to Nevis, 
 and the Islands aforesaid, And humbly Praying Lycence to 
 Transport Threscore and Tenn Horses, Mares, and Geldings, 
 to his Majestys Plantations in the West Indies, pajnng the 
 Usuall Custome ; [permission is given him to export seventy 
 geldings]. [p. 34. Tj i.] 
 
 [On 13 December, Newdigate is further allowed to export 
 to the West Indies 150 stone horses, geldings, and nags, 
 but no mares.] [p. 93 ^ 2.] 
 
 [733.] Ibid. 
 
 [According to the Order of this Board of the 25th instant, Virginia, 
 the Council consider a representation from the Governor 
 and Council of Virginia with Lord Baltimore's answer thereto.] 
 The said Governor and Councell of Virginia Sett forth in the 
 said Representation, That in pursuance of his Majestys 
 
446 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 Instructions, in the 14th yeare of his Majestys Reigne, and 
 of an Order of Councell of the 29th of June 1662, They had 
 Endeavoured by severall Treatys with Commissioners from 
 the Province of Mary-land to Agree upon some Expedient 
 to Lessen the Quantety of Tobacco planted in those Collonyes, 
 thereby to Inhance the Prise of that Commodity, at that 
 time become a Drugg (as they prentend) of no Value ; That 
 at length both those CoUonyes, and Carolina also, had made 
 an Act of Asembly in each Province, respectively in the 
 Yeare 1666, forbidding the Planting of any Tobacco at all 
 during this present yeare 1667, But the Lord Baltemore, 
 Lord and Proprietary of Mary-land, haveing declared his 
 Dissent to the said Act in his aforesaid Province of Maryland, 
 by an Instrument vnder his hand and Scale at Armes, 
 rendered the aforsaid Agrement bet-nixt those said Collonyes 
 vaine, [whence this representation complaining] against the 
 Lord Baltomore as an obstructer of the publique Good of 
 those CoUonies. 
 
 The Lord Batemore by his Answer to the said Repre- 
 sentation, declared (amongst divers other Reasons against 
 any Prohibition of Planting Tobacco in those CoUonies) [that 
 upon a former petition from ^'irginia, the Committee for 
 Plantations had reported against any stint or cessation of 
 planting, and order had accordingly been given to that effect 
 by the Council on 25 Nov. 1664], whereby the differnce 
 Concerning that Matter, between both Collonyes, were (as 
 he humbly conceiued) determined. And that in pursuance of 
 that Order he declared his dissent to the aforesaid Act in 
 Maryland. Vpon full Debate this day, [after hearing Colonel 
 Morvson and Lord Baltimore, consulting the Farmers of the 
 Customs, and reading the order of 25 Nov. 1664, the former 
 order was confirmed and the representation dismissed]. 
 
 [pp. 40-41,] 
 
 [734,1 WTiitehall, 6 November : 
 Nova Scotia. Thfs day the ensuing Letters from his Majestie to Colonell 
 Temple Governor of Nova Scotia in North America, for the 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 447 
 
 Rendition of Acadie to the French, was read at the Boord and 
 approued, And it was Ordered that they be registred in the 
 CounciU Booke as foUoweth vizt. 
 
 Trusty and welbeloued Wee greet you well, Whereas by 
 the late Treaty concluded at Breda, and there signed the 
 31 of July last past betweene Vs, and Our good Brother 
 the most Christian King, and whereof the Ratifications were 
 interchanged at Breda aforesaid the ^^ day of August 
 now last past, It is among other things concluded and agreed, 
 That Wee shall restore unto the said most Christian King, or 
 unto such Person or Persons, as to that purpose shall receiue 
 his Command duly passed under the Great Seale of France, 
 the Country which is called Acadie lying in North America, 
 which the said most Christian King did formerly enjoy. And 
 Wee desiring, that the said Treaty may on Our part haue 
 its full and entire Effect and Execution, without any 
 Difficulty or Delay whatsoever, Haue thought fit by these 
 presents, which in pursuance of the said Treaty, Wee haue 
 drected to be put into the hands of Our said Good Brother, 
 to signify Our expresse Will and Pleasure to you, and 
 accordingly Our Will and Pleasure is. That immediatly upon 
 the Receipt hereof, you giue effectuall Order, for the restoring 
 forthwith, and without all delay or difficulty to the said most 
 Christian King, or to such as he shall thereto appoint, under 
 the Great Seale of ffrance the said Country called Acadie 
 lying in North America, which the said King did formerly 
 enjoy. And that you proceed herein really and sincerely con- 
 forming your self in the Execution thereof to what is set 
 downe in the Tenth and Eleaventh Articles of the said Treaty, 
 Copies of which Wee herewith send you attested under the 
 hand of Our Principall Secretary of State. And for so doing 
 this shalbe your Warrant and Discharge. [C.S.P. II. 1635.] 
 
 [The second letter, after a reference to the first, proceeds]. 
 These are therefore to second that Letter, and withall to 
 giue you warning to be very carefull, as to performe punc- 
 tually, what Wee haue there commanded you, and what Wee 
 
448 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 
 
 are in Honour and Conscience by Our Treaty obliged vnto, 
 so not at all to exceed and go beyond it, You are then to 
 take notice, that it is onely the Country of Acadie which 
 you are to restore, not any part of Nova Scotia, or of any 
 other Country or Province adjojTiing which is not knowne and 
 called by the name of Acadie ; nor any part even of Acadie 
 itself, but that which did originally belong unto the most 
 Christian King, was so enjoyed by him, and afterwards taken 
 from him by the EngUsh, for if any was taken from him, 
 which was not originally his, and so enjoyed by him, it is 
 not within the Treaty. Threfore you are to apply your best 
 Care and Diligence, making use of your owne Knowledge of 
 those parts and informing your self from others. That a right 
 Distinction be made of what properly belongs unto Vs, and 
 what did belong unto Our good Brother the most Christian 
 King : And least any thing should be wanting to you for 
 your better Information and Instruction wherewith you 
 may be furnished from hence, Wee haue thought fit to send 
 you Copies of a Graunt heretofore made by Our Royall 
 Grandfather King James of blessed memory unto Sir Wilham 
 Alexander, and of another Graunt made by the late Vsurper 
 Oliver Cromwell unto Crowne and Temple, where the 
 Bounds and Limits of this Country of Acadie are particularly 
 set forth, which wilbe a good Help unto you for the more 
 exact Performance and Execution of Our Commands.* 
 
 [C.S.P. II. 1638.] 
 
 [The Duke of York is desired to provide one of his 
 
 Majesty's ketches such as His Royal Highness shall judge 
 
 fittest to sail to Nova Scotia with all expedition with the 
 
 despatch to Col. Temple.] [pp. 51-52.] 
 
 [736.] Whitehall, 6 December : 
 Ne%%found- Vpon reading this day at the Boord the humble Petition 
 of the Company of Merchants, Adventurers and Owners of 
 
 land. 
 
 • The copies of these letters at the Public Record OiJSce, calendared in the 
 Calendars of State Papers, are indorsed A) This was not sent. B.) This w^9 
 intended, but not sent. 
 
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 449 
 
 Ships trading from the Citty of Bristoll, to Newfoundland 
 As also of divers Merchants and others trading thither. 
 Setting forth the great Advantage of the said Trade to his 
 Majestic in point of Custome, Amounting at least to 40000?. 
 per annum by the Importation of Oyle, Wine, ffruit, and 
 other usefull Comodities brought in from Spayne, PortugaU, 
 and Italy, as Returnes for the Fish caught in those seas 
 besides the breeding yearly many Hundreds of Seamen, and 
 the Great Profit, his Majesties Subjects in the West of 
 England and other parts of the Kingdome (which trade in 
 Partnership with them do receiue thereby, And forasmuch as 
 the said Trade without present Help from his Majestie is like 
 to fall into the hands of the French or Dutch to his Majesties 
 and the Kingdomes great Losse and Damage, They humbly 
 prayed his Majestie to provide a speedy Remedy thereof by 
 sending some able Person as Governor with Guns, Armes, 
 Amunition and other MateriaUs, necessary for the making 
 and fortifying some of the Harbours there, whereby the 
 Petitioners may safely go on, and be encouraged in the said 
 Fishing Trade, Which being taken into Consideration together 
 with a Narratiue shewing the Benefit and Advantage of the 
 Newfoundland Trade, and the Necessity of a Governor and 
 fortifying the Principall and most proper Harbours for 
 Defence and ffishing there. His Majestie present in CounciU 
 did this day Order, That the said Petitions and Narratiue 
 be, and they are hereby referred to the Right Honorable the 
 Earle of Anglesey, Lord Ashley, Mr. Comptroller, Mr. Vice- 
 Chamberlain, and Sir WiUiam Coventry [for examination and 
 report]. [p. 80. ^ 1.] 
 
 [736.] Whitehall, 13 December : 
 
 Vpon reading a Petition of severaU Merchants of the City Virginia, 
 of Bristoll, Shewing, That during the late Warr with the 
 Dutch &c. The Petitioners had severall Shipps taken by 
 the then Enemys (vizt.) in the yeare 1665 Five Shipps, with 
 Two Thousand Seaven hundred hhds. of Tobacco ; in the 
 
450 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667-8 
 
 yeare 1666, One Shipp, with Six hundred hhds. of Tobacco, 
 and in the yeare 1667 Nine Shipps Taken and burnt in Harbour, 
 in Virginia, with Six Thousand hhds. of Tobacco in them. 
 That by Order of the Governor of Virginia all Merchants, 
 Adventurers, before Clearing their Shipps from thence, have 
 beene enforsed to giue Security, by Bills of Exchange 
 Charged on the Petitioners, or their Correspondents in Eng- 
 land, for Two ShilHnges Three pence, as an Impost for every 
 hhd. of Tobacco Laden, pretending it to be for Erecting 
 Fortifications in Virginia, although divers Carpenters belonging 
 to the Petitioners Shipps have been Imprested from their 
 Shipps, and have actually served in Cutting Timber, And 
 Carying the same, in order to the Building of Fortifications, 
 but no such yet Built, By want whereof the Petitioners 
 Shipps, with their Lading, were this yeare Burnt and Lost ; 
 That his Majesty having been Graciously pleased to Repay 
 the Customs payd in the Ports of England, for Goods lost, in 
 Shipps Lost, or to allow the like Value, to be Shipped out free. 
 And praying that the Bills of Exchange, Charged on the 
 Petitioners or their Correspondents, for the said Impost of 
 Tobacco, in Virginia, in the years aforesaid and lost, may be 
 declared to be Null and Voyd, and to be discharged, or elce 
 that such of the Petitioners for whom, or whose Use 
 Tobacco so Shipt, hath been lost, may have Liberty to Shipp 
 the hke Quantityes of Tobacco, out of Virginia free of the 
 said Impost, And that for the future the Fortifications intended 
 for preservation of that Country, and protection of his 
 Majestys Subjects, may be perfected and Repayred ; [the 
 whole matter is referred to the Committee for examination 
 and report]. [P- 92. H 1-] 
 
 [737.] Whitehall, 10 January : 
 
 West Indies. Sir Henry Puckering Knight, Thomas Henshaw, and George 
 Goodman Esqrs in behalfe of themselves and the rest of the 
 Creditors of James late Earle of Carhsle deceased, [set forth], 
 That by Order of the 13th of June 1663. Francis Lord 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 451 
 
 Willoughby of Parham . . . was directed to pay vnto 
 the Petitioners 24716?. 6s. id. out of the Moyety of the 
 Revenue of the said Islands ; That notwithstanding the said 
 Order, and a Letter from this Board directed to Wilham 
 Lord WiUoughby the present Lieutenant GeneraU of the said 
 Islands, they have not received any part of the said summe, 
 Nor is their Agent Mr. WilHam Boseman admitted his 
 Majesties Comptroller of the Customs there, as by the said 
 Letter was directed. [A true copy of the petition is ordered 
 to be deUvered to Lord Willoughby's agent, who is required 
 speedily to return his answer thereunto in writing.] 
 
 [p. 118. II 2.] 
 
 [This answer is returned on 13 March, and referred, with 
 
 the petition, to the Committee]. [p. 229 ^ 1]. 
 
 [738.] Whitehall, 15 January : 
 
 Vpon reading this day at the Board the humble Petition Barbados 
 of John Chomley Citizen and Merchant of London, Setting 
 forth, That he hath been ever Loyall and faithfull to his 
 Majestic, and hath payd the summe of three thousand pounds 
 per Annum to and for his Majesties vse and service ever 
 since his Majesties happy restauration. And Praying Lycence 
 to Transport eighty Geldings to his Majesties Plantation of 
 the Barbados, [the petition was granted.] [p. 124. ^ 4.] 
 
 [739.] Ibid. 
 
 Vpon reading this day at the Board an humble Address French West 
 from the French West-India Company, desiring satisfaction Company. 
 and reparation for losses and dammages sustayned by them, 
 by the takeing of diverse of their Shipps before any Pro- 
 clamation of Warr . . . and by whom the said Shipps 
 were taken, adjudged, sold and made prize in severall Parts 
 of his Majesties Dominions ; . . It was Ordered by his 
 Majestie in Councill, That particular Orders should be directed 
 to the Governors and Principall Officers in all his Majesties 
 Dominions, where, and by whom the Shipps mentioned in the 
 
452 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 said Memoriall were disposed, to give an Accompt to his 
 Majestic in Councill of the disposall of the said respective 
 Shipps and Goods, and the values thereof, Vpon all which 
 returnes his Majestie will give such farther Order as shall 
 be fitt. 
 
 Whereas the French West-India Company have Repre- 
 sented to his Majestie That in October in the yeare 1665, 
 before there was any Proclamation of Warr, or any Hostility 
 or ReprisaUs, The Shipp called the St. Peter belonging to 
 the said Company, and returning from St. Christophers 
 Laden with Sugar and Tobacco, was seized at Sea by an 
 Enghsh Frigott as it went from Rochett to the Haure of Grace, 
 and brought to Plymouth, where it was retayned vnder pre- 
 tence that the Cooke had cast to sea some papers, though 
 the same being taken vp again it was well knowne they were 
 nothing Considerable, and though the Cooke himselfe tooke 
 his Oath the said papers were onely to wrapp in some small 
 things of his Trade ; which Shipp with the Goods, and Costs 
 for the Clayming of them doth amount to 90000 ffrench 
 Livers ; [the Commissioners for Prizes are ordered to examine' 
 the matter and to return to the Board a speedy and detailed 
 account, when further order will be given]. 
 
 Whereas the ffrench West India Company have Repre- 
 sented to his Majestie that in July 1665. the Shipp called the 
 Fortune, ffreighted at Nantes, and ensured for the Accompt 
 of the said Company, which returning from the Guarde Loupe 
 Leaden with Sugar and Tobacco, was taken not farr from 
 Vermuda by Capt. Charles Robert Enghsh, who brought it 
 ffirst to the Islands of Mevis and Montferrat, but the Governors 
 were so farr from adjudging it Prize, that they were against 
 it as belonging to ffreinds and Allyes, wherevpon the said 
 Captain brought the same to Jamaica, where it was retayned 
 vnder pretence it had been ffreighted from the Dutch, The 
 said Prize being worth 69000 ffrench Livers ; [the Commis- 
 sioners for Prizes are desired] if they know any thing con- 
 cerning the said Shipp Forttme, either by Correspence with 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 453 
 
 the Governor of Jamaica or by any other meanes, that they 
 speedily acquaint this Board therewith, or if otherwise, that 
 they signify the same, that so such farther Order may be given 
 therein as shall be fitt. 
 
 [Similar orders are issued in the cases of the Jonas taken 
 near Belle Isle and brought into Tangier, the St. John of 
 Dieppe returning from Senegal and forced into Waterford 
 harbour by stress of weather, and the St. John of Hamburg 
 from which masts were removed for his Majesty's service, all 
 vessels belonging to the French West India Company.] 
 
 [fp. 125-127.] 
 
 [740.] Whitehall, 15 January : 
 
 A Memorial! from Monsieur Rouigny (Importing that Sir Cayenne 
 John Harman had lately taken the Island of La Cayenne in 
 America, and made the Governor, Major, and others Prisoners, 
 and seized their Magazine) being Referred to [the Committee 
 — ^to which the Earls of Bath and Carlisle had been added on 
 3 January ; the Committee advise] (if the said Island be in 
 his Majesties possession) that the same should be presently 
 delivered into the possession of the French, and the Prisoners 
 sett at Liberty in such manner as is agreed by the late 
 Treaty at Breda. [Whereupon Lord Arlington is ordered to 
 prepare the necessary papers for his Majesty's signature.] 
 
 [p. 129. II 1.] 
 [C.S.P. IL 1671.] 
 
 [741.] "Whitehall, 22 January : 
 
 Vpon reading this day at the Board the humble Petition West. Indies, 
 of Capt. John Staplehill and Capt. Florence Osulivan, Setting 
 forth. That each of them raysed a Company vpon their own 
 Costs in the Barbados for his Majesties service in the 
 Expedition for regajoiing St. Christophers, in which service 
 they were taken Prisoners by the French in the Island of 
 Tothus Santus, and detayned eleven Moneths, and Praying 
 releife ; [Lord Arlington is ordered to confer with Monsieur 
 de Ruvigny concerning the matter and endeavour to obtain 
 
454 ACTS OP THE PRIVY COUNCIL (COLONIAL). [I668. 
 
 relief for the petitioners, [p. 139. T| I.] On 29 April a similar 
 petition is referred to the Commissioners for the Treasury]. 
 
 [p. 292 ][ 2.] 
 
 [742.] Whitehall, 22 January : 
 Surinam. A Memoriall of the Ambassadors from the States General! 
 
 of the Vnited Provinces of the Netherlands Concerning the 
 restitution of the Colony of Surinam lately taken by Sir John 
 Harman, being this day presented and read at the Board ; 
 [Lord Arhngton is directed to prepare papers for the rendition 
 of Surinam to the Dutch similar to those for the dehvery of 
 Cayenne to the French, according to the 6th article of 
 the Treaty of Breda]. [p. 140. V i.i 
 
 [C.S.P. 11. 1683.] 
 [743.] Ibid. 
 
 West Indies. Vpon reading this day at the Board the humble petition 
 of Isaack le Gay, John Jurin Junior, and John DorviU of 
 London Merchants, Complayning, That they haveing Hired 
 a Swedish Shipp called the Castle of Stockholme to Transport 
 Goods to the Barbados, and to returne for England, in her 
 returne, being Laden with Cotton WooU, Sugars, and other 
 Commodityes, was the 6th of December last by distress of 
 Weather forced into Robadeaus neare the Groine, in the 
 Territoryes of the King of Spaine, where the Shipp and her 
 Ladeing are detayned, vpon pretence that shee came from the 
 Spanish West-Indies without dispatches. [Lord Arhngton is 
 directed to confer with the Spanish Ambassador about 
 restoring the ship and likewise to recommend the petitioners' 
 cause to the Earl of Sandwich, Ambassador in Spain.] 
 
 [p. 140. H 3.] 
 [744.] Whitehall, 24 January : 
 
 Barbados. Vpon the Petition of Stephen Vines and Richard Ormsby 
 
 Merchants, Inhabitants of Ireland (this day read at the 
 Board) Shewing, That the Petitioners were Owners of the 
 Shipp Hopewell of Galloway, which they Laded with Provisions 
 to the Barbados, in the time of the late Warr ; And being there 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 455 
 
 arrived, shee was Arrested by Charles Collins and Samuell 
 Vernier, vpon pretence of a breach of Charter-party, made 
 between them, and the Master of the said Shipp and others, 
 before the Petitioners became possessed of her ; And vpon a 
 Hearing of the said Difference before the Commissioners there, 
 two of them gave their Judgments, that the said Shipp should 
 be acquitted ; But Mr. Henry Willoughby at that time being 
 Deputy Governor there (which was after the death of the 
 late Lord Willoughby and before the now Lord Willoughby 
 was constituted Governor thereof) did make a private Order 
 to Condemne the said Shipp, contrary to the Law of the 
 Court of Admiralty, and the Petitioners being farr distant, 
 f ayling to make their Appeale in the said Court within 1 5 dayes 
 after the aforesaid Order and Decree, are barr'd of their 
 Appeale to their vtter ruine, and great discouragement of 
 Trade, vnless they finde releife. And Praying that their case 
 may be Referred to the Lord Willoughby . . to have 
 a rehearing thereof before his Lordshipp [Lord Willoughby is 
 ordered to] take the Allegations of the Petitioners into serious 
 Consideration, and if his Lordshipp shall finde them true, that 
 then a Convenient time be given and appointed for a rehearing 
 of the Whole Matter, and to do the Petitioners Right 
 according to Justice and Equity. [p. 147. ^ 2.] 
 
 [745.] Whitehall, 31 January : 
 
 A Letter to the Lord Willoughby Governour of Barbados. West'indies. 
 [Whereas the Royal African Company complain that not- 
 withstanding the letter of 6 April 1666 to Lord Willoughby 
 and] notwithstanding Your Lordshipp (before your goeing 
 to that Government) did Vndertake in the presence of the 
 Lords the Committee for fforraigne Plantations, (c/. 692) 
 to fuUfill the former Order sent to your Brother, Yet their 
 ffactors who became Bayle to the said Action, are still prose- 
 cuted in Common formes of the Law there, and are neare vpon 
 sued to an Execution vpon the said Bayle Bonds, Neither 
 hath there been any Obedience given to his Majesties 
 Commands signifyed by our said Letter in transmitting the 
 
456 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668- 
 
 Process hither ; Which his Majestie resenting, Hath again 
 Commanded vs to require your Lordshipp to give speedy and 
 effectuall Order for the stopping of all manner of Proceedings 
 in any the Courts of the said Island against any of the 
 Petitioners ffactors or others for or concerning any thing 
 relateing to the Matter aforesaid ; And that you speedily send 
 to vs the whole Proceedings and Bayle Bonds in that Case, 
 together with all Papers relateing therevnto. [p. 162. ][ 1.] 
 
 [746.] WhitehaU, 31 January : 
 
 West Indies. A Letter to the Commissioners for the Office of Master of 
 his Majesties Ordnance, and Officers of the same. [Whereas 
 it appeared that by order of the Governor of Barbados there 
 was impressed out of the Sea-flower of Bristol certain guns, 
 ammunition, and other materials to the value of 761. sterling, 
 and put on board his Majesty's hired ship the Companion 
 for service against the enemy in the West Indies ; His Majesty 
 directs that the owners of the said ship may receive satisfaction 
 either in specie or in money as they shall judge most fit.] 
 
 [p. 169. ^ 1.] 
 
 [747.] WhitehaU, 12 February : 
 
 His Majesty haveing vpon the 31th of January last, 
 caused an Order to be Read, and Passed, for Estabhshing 
 a future Regulation of Committees of his Privy Councill ; 
 And some Aditions being since held necessary to be made 
 thereunto, the same were this day read and allowed of as 
 FoUoweth. 
 
 His Majesty haveing among other the Important parts of 
 his AfFayres, taken into his Princely Consideration the way, 
 and Method of Managing Matters at the CounciU Board, And 
 reflecting that his CounciUs would haue more Reputation if 
 they were putt into a more settled, and Estabhshed Course : 
 Hath thought fitt to Appoynt certain Standing Committees 
 of the Councill for severall Businesses, together with Regular 
 dayes and Places for their AssembHng, in such sort as 
 foUoweth. 
 
 Committee 
 for Trade 
 and Planta 
 tions. 
 
1668.1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 457 
 
 [1. The Committee of Foreign Affairs. 
 
 2. The Committee for such matters as concern the 
 Admiralty and Navy, Mihtary Matters, Fortifications, etc.] 
 
 3. A Committee for the Business of Trade, under whose 
 Consideration is to come whatsoever Concernes his Majestys 
 Forraine Plantations, as also what Relates to his Kingdomes 
 of Scotland or Ireland, in such Matters only Relating to 
 eyther of those Kingdomes, as properly belonge to the Cog- 
 nizance of the Councill Board, the Isles of Jersey and 
 Guernsey, which is to Consist of the Lord Privy Seale, Duke 
 of Buckingham, Duke of Ormond, Earle of Ossory, Earle of 
 Bridgewater, Earle of Anglesey, Earle of LauderdaiU, Lord 
 Arlington, Lord HoUes, Lord Ashley, Mr. Comptroller, Mr. 
 Vice-Chamberlain, Mr. Secretary Morice, Sir WiUiam Coven- 
 trye, the usuall day of Meeting to be every Thursday in the f Earle of 
 Councill Chamber, and oftner, as he that Presides shall direct. I ^^^,''''®','' 
 
 Earle of 
 
 And hereof Three or more of them to be a Quorum. And { Cravon 
 it is further Ordered That this Committee caUing vnto them fuz- 
 his Majestys Attorney Generall, or elce his Majestys Advocate, ^dded^tiT^^" 
 do from henceforward heare all Causes that by way of i^i-h June 
 
 1668. 
 
 Appeale come from the Isles of Jersey and Guernsey, the Earle of 
 Orders whereupon being in due forme prepared by the Gierke Added'by 
 of the Councill : are before they are signed to be read at the 9'''^'"" ^^^^ 
 
 •' ^ January 
 
 Councill Board, and there Approued of, that so they may 1668[9]. 
 Receiue the Approbation and Authority of the whole Councill, 
 which before used to Passe distinctly from the Committee 
 only, by a derivatiue power from the Board. 
 
 [4. A Committee on grievances.] [p. 176. J 
 
 [748.] Whitehall, 14 February : 
 
 [The Council refer to the Committee for Trade the] Petition West Indies 
 of Capt. Edward Burd, late Commander of the Shipp, Margaret 
 of Leith. Setting forth That the said Vessell Burthen One 
 hundred and Eighty Tunns with Twenty Guns, and Seavnty 
 Men, Freighted by the Petitioner at Barbados with Tobaccos, 
 
458 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 Sugars &c. to the value of Five Thousand pound Sterling, was 
 Imprested by Authority from the Lord Willoughby into his 
 Majestys Service against the French and Dutch in the Lee- 
 ward Islands, in which service the said Shipp (amongst many 
 others,) perished by the Hericano, as also Three Prizes which 
 the Petitioner had taken, in the Isle of Tons les Sanctos (were 
 then hkewise lost) to the very great Dammage of the 
 Petitioner And Praying that the Shipp Convertine (a Prize 
 shipp now in Scotland) may be giuen to the Petitioner in 
 Satisfaction of his losses. [p. 181. ]f 1.] 
 
 [749.] AVhitehall, 14 February: 
 
 Surinam. [A letter to Lord Willoughby concerning the restitution 
 
 of Surinam to the Dutch.] These are to acquaint your 
 Lordship, That it is his Majestys pleasure, and you 
 are (in his Majestys name) hereby Authorised and Required 
 to take Care that Suranam be, according to the tenure 
 and intent'on of the said Treaty, forthwith Restored and 
 Yeilded up, to remayne in the quiett Possession of the said 
 States, or such as they shall Appojmt in their name to 
 take Possession thereof ; And your Lordship is Required also 
 to Command all his Majestys Subjects, late Inhabitants of that 
 Place upon their Allegiance, forthwith to withdraw them- 
 selues with their Familyes ; into some parts of his Majestys 
 Dominions in America ; And for their better Encouragment 
 therein, to afford them all convenient Assistance, which may 
 facihtate their Retreat. [p- 182. If 1.] 
 
 [750.] Whitehall, 17 February : 
 
 West Indies. [The Council refer to the Treasury the] Petition of John 
 WiUiams late Commander of the Shipp called the WiUiam, 
 in the behaKe of himseKe, and the rest of the Owners of the 
 said Shipp Setting forth. That the said Shipp being arived 
 at the Barbados, in Merchants Imployment, was there by the 
 Gouernor of the said Island Imprested into his Majestys 
 service vnder the Comand of Captain Bery, in an Expedition 
 
1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 459 
 
 against the French and Dutch, in the Leeward Islands, for 
 which service there is due to the Petitioner One Thousand 
 Sixty Pounds, Eighteene ShilUnges, And Prajdng Payment 
 of the said Summe. 
 
 [Similar claims (for service, losses sustained, or stores 
 seized) made for the John and Thomas by Samuel Randall, for 
 the Constant Katherine by Thomas CoUier, for the St. Peter 
 by Caleb Caine, for the Companion by John Thompson, and 
 for the Owners Adventure by WiUiam Lloyd, are also referred 
 to the Commissioners of the Treasury.] [p. 187. Tj 1.] 
 
 [751.] Whitehall, 17 February : 
 
 [The Lord High Admiral is directed to] Assigne on of his Jamaica 
 Majestys Shipps of the 5t Rate for the defence of his 
 Majestys Plantation of Jamaica, and suppressing the Insolence 
 of Privateers upon that Coast, the Governor and Planters 
 of Jamaica undertakeing to sett out and Victuall the said 
 Shipp, and Pay the Wages of the Seamen, and keepe the 
 said Shipp and furniture in good Repaire. [p. 191. ^f 3.] 
 
 [752.] WhitehaU, 19 February : 
 
 [The Lord High Admiral to assign two of his Majesty's ships Newfound- 
 of such rate as he thinks fit] for the Convey and Security of ^^ ' 
 the Fishery of Newfoundland. [p. 193. ]| 2.] 
 
 [753.] Ibid. 
 
 Lord Arlington having acqiiainted the Board, That Monsieur Acadia. 
 Ruiugney made difficulty to Receive the Act of Cession 
 of the Coimtry of Acadie as it was prepared by his Lordship 
 in the wordes of the Treaty at Breda, untill the like 
 Explanation were Added in the Cession as had been at his 
 instance Inserted in the Letters of Possession heretofore 
 Issued from his Majesty. It was Ordered (his Majesty present 
 in Councill) That the said Act of Cession of the Country of 
 I'Acadie, do Passe to the French in a Solemne Instrument, 
 in the same wordes, and with the same Explanation, That the 
 
460 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 Orders sometime since Issued, for giueing Possession of the 
 said Country to the French King did Passe, [p. 194. ][ 2.1 
 
 [C.S.P. II. p. 1699,] 
 [754.] WhitehaU, 26 February : 
 
 Nevis. A Letter to ColoneU Rusell Gouernor of Nevis. Wee being 
 
 Informed by the Petition of ColoneU Edmund Scarbourgh 
 his Majestys Surveyor General! of Virginia, That about August 
 1666, Robert Risden Commander of the Shipp Providence 
 ahas Virginia Merchant, came with the said Shipp and a 
 Considerable Cargo into the Island of Nevis, and was there 
 Murthered ; And that you ColloneU James Rusell Governor 
 of Nevis, Seised the Shipp and Cargo, upon pretence to 
 Secure the same for the Proprietors ; And the Petitioner 
 AUeaging That the most part of the Shipp and Goods do belong 
 vnto him, and that he hath made severaU Apphcations with 
 Certificats from the Gouernor of Virginia, Manifesting his, 
 the said CoUonell Scarbourghs Interest and Propriety, Yet 
 you haue disposed of the said Shipp and Goods, and will giue 
 no satisfaction ; Wee taking into Consideration the said 
 Petition and Originall Certificate of Sir WiUiam Berkely 
 Governor of Virginia (vnder the Scale of that CoUoney) And 
 Ukwise a Letter of Sir WiUiam Berkelys, both of them 
 directed vnto you, and Annexed vnto the Petition [require 
 you to come to account with, and make due satisfaction 
 unto Colonel Scarborough, and such other owners of the ship 
 or goods] as the Governor of Virginia (from whence the 
 said Shipp began her Voyage, and with her Lading did belong 
 vnto Inhabitants of Virginia) shaU under the Scale of that Colony 
 Certify the said Shipp and Goods to belong. [p. 202. *^ 1.] 
 
 [755.] Ibid. 
 
 West Indies [A claim by Samuel Basker for compensation for the Hoop, 
 employed by the Royal Company at 160/. per month, but 
 impressed for service in the late expedition in the West Indies 
 against the French and Dutch, and shattered in the hurricane, is 
 referred to the Commissioners of the Treasury.] [p. 203. t !•] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 461 
 
 [Similarly with the petition of George MacCartney, Hugh 
 Eales, and George MacCartney, for compensation for the 
 James of Belfast, impressed at Antigua, but] together with 
 her said Goods taken by the French, nere the Roade of Guar- 
 delope, when David Agnew Merchant of the said Shipp, 
 was Wounded and payd for Ransome Six Thousand Pounds 
 of Sugar. [p. 203. *\ 2.] 
 
 [756.] Whitehall, 28 February : 
 
 Vpon the humble Petition of Samuell Wilson, Edward Plantation 
 
 Trflid© 
 
 Bushell and Josiath Childe of London Merchants, Shewing, 
 That John Baptista Quarenten (an Itahan Physition) about, 
 a yeare since became Bound to the Petitioners in a Contract 
 of Charterparty, in the penall Summe of Fiveteene Hundred 
 Pounds, together with Anthonio Drera a Venetian, Master 
 of the Shipp St. Joseph and Anthony, for the performance 
 of the Couenants therein Contayned, Whereupon the Peti- 
 tioners and their Factors at New England did not only Lade 
 upon the said Shipp severall Goods and Merchandizes to the 
 Value of about One Thousand Pounds ; but did also at the 
 earnest request of the said John Baptista and Anthonio Drera 
 lend vnto them in ready Money the summe of Three Hundred 
 and Fivety Pounds besides Prouisions for setting forth and 
 VictuaUing of the said Shipp ; which was to be paid them 
 at the Shipps retume into this his Majestys Port of London, 
 where shee was to end her Voyage ; But the said John 
 Baptista and the Master Antonio Drera, Combineing and 
 Contriving together to Cheate the Petitioners . . instead 
 of goeing to Cadiz in Spain with the said Shipp, where they 
 were bound to dehver the said Goods unto the Petitioners 
 Factors, shpped by the said Port, and putt into Malaga and 
 with the first opertunity of Winde, raim away from thence vp 
 into the Streights, with the said Shipp and Goods. [Quarentini 
 having been arrested by the petitioners in an action of 1500?. 
 has procured a certificate from Baron de Lisola, the Emperor's 
 envoy in England], Declareing him to be a Servant belonging 
 to his Household, hopeing thereby to evade Justice, Whereas 
 
462 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 the said John Baptista as himseK hath acknowledged is a Free 
 Deny son of England, and hath lined in this Eangdome 
 for these Seven yeares together, and is now an Inhabitant in 
 the parish of St. Martin. [The petitioners are directed to 
 enter a caveat with both his Majesty's Principal Secretaries 
 of State, to the end that no protection be granted to 
 Quarentini, unless this Board be first acquainted therewith. 
 
 [p. 208.] 
 
 [ Quarentini 's petition for release from the King's Bench 
 
 Prison and a petition from the other parties that they be 
 
 not interrupted in their course of law against him, are on 
 
 3 April referred to the Committee for Grievances.] 
 
 [p. 255 H I-2J. 
 
 [757.] WhitehaU, 4 March : 
 
 Newfound- Vpon reading this day at the Boord the humble Petition of 
 
 Sir John Frederick Knight in behalf of himself and John 
 
 Hayne of Dartmouth, Shewing, That their Factor at Nants 
 
 being not able to procure an EngKsh VesseU did the 3d of 
 
 January last ffreight the Ship Golden Hawke of Norcopia in 
 
 Sweden with salt for their Accounts, for the use of Two Ships 
 
 bound on a ffishing Voyage to Newfoundland, but by reason 
 
 of contrary Winds she did not arriue at Dartmouth till the 
 
 27th of ffebruary last, being ffour dayes after the Dispensation 
 
 of the Act of Navigation was expired, That before her Arrival] 
 
 and the Expiration of that time, the Petitioners did tender an 
 
 Entry of the said Ship and Lading to the Officers of his Majestys 
 
 Customes at Dartmouth, as appeared by a Certificate thereof 
 
 from WiUiam Hurst Collector of the Customes there, who 
 
 refused the same, as also did the Farmers of the Customes in 
 
 London, That if they should not haue Liberty to unlade the 
 
 Salt at Dartmouth, their Voyage to Newfoundland would 
 
 absolutely be destroyed to their great Losse The said Ships 
 
 being ready to set sayle, with the first oppertunity of Wind, 
 
 but cannot proceed without the said Salt, which they want to 
 
 carry on their ffishing. And therefore Prajdng an Order to the 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 463 
 
 Ofl&cers of the Customes to admit the Entry of the said Ship 
 and Lading: [the petition was granted]. [p. 214. ^1.] 
 
 [758.] WhitehaU, 4 March: 
 
 [The Council refer to the Treasury the petition of Captain New York. 
 Thomas Morley, commander of the William and Nicholas, 
 setting forth,] That in pursuance of the Commands of his 
 Majestys Commissioners for his Affaires in America, the 
 Petitioner employed his said Ship and Men in his Majestys 
 Service for reducing the Manhatoes and other Places in 
 America deteyned by the Dutch, ffor which Service he was 
 to haue according to the Articles of Agreement betweene him 
 and the said Commissioners 130L per mensem during that 
 Expedition That accordingly the Petitioner attended that 
 Service from the 24th of August 1661, to the 24th of ApriU 
 1665 ffor which according to the said Contract there is due 
 unto him One Thousand and ffourty pounds whereof he hath 
 receiued ffiue Hundred Seaventy One pounds for ffreight due 
 from seuerall Men for Tobacco transported from Virginia to 
 London, To baUance which Account there remaines due unto 
 the Petitioner 468Z. 19s. lid. Which he humbly prayed 
 might be paid unto him by the Treasurer of the Navy. 
 
 [p. 214. H 2.] 
 [759.] Ibid. 
 
 Busines referd to the Consideration of the Lords Com- Committee 
 
 of Trade and 
 mittees for Trade, &C. Plantations 
 
 The Letters from the Lord Willoughby touching the State 
 of Barbados, and the Leeward Islands. 
 
 The Letter from Sir WiUiam Berkeley Governor of Virginia 
 touching the State of that Plantation. [p. 215. ^ 2.] 
 
 [760.] Whitehall, 6 March : 
 
 [The Council refer to the Committee the] Petition of Plantation 
 
 Trade 
 Ambrose Mud and Thomas Newman Merchants of Dartmouth 
 
 and their Company . . Shewing, That their Ship the 
 
 Pilgrim of Dartmouth, John Ewins Master, being laden with 
 
464 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 1250 Kintalls of dry Newfoundland fish, and 180 Kintalls of 
 Cor ffish for Avero in Portugal!, was about the end of September 
 last surprized by a Spanish Man of Warr before the Barr of 
 that Port, [and condemned as good prize, although] It was 
 then lawfull for the said Ship to carry ffish into any Port of 
 the said Kings Enemys, not being blocked up or beseiged 
 by an Enemy That the Condemnation of the said Ships Goods 
 is not only a great disheartning to the Fishing Trade, but hath 
 tended to the Petitioners Dammage near 4000Z., And therefore 
 Praying Releife therein. r^ 2I8 ff 21 
 
 [On 18 March, Lord Arhngton is directed to write to the 
 Earl of Sandwich, Ambassador in Spain, to use his utmost 
 endeavours to procure satisfaction for the petitioners, and 
 also to desire the Spanish Ambassador in England to write 
 effectually to the Court of Spain in their behalf.] 
 
 Ip. 232. H 3.] 
 
 [761.] WhitehaU, 10 March : 
 
 Virginia. Whereas It was this day represented to the Boord by a 
 
 Letter from Sir WiUiam Berkeley Governor of Virginia, That 
 
 there is at present a great Want of Powder and Amunition 
 
 for the Defence of that Plantation which cannot otherwise 
 
 be well supplyed, then by the Merchants which trade thither. 
 
 Vpon consideration whereof, His Majesty present in Councill 
 
 did Order, That the Officers and Farmers of his Majestys 
 
 Customes do forthwith send for some of the most considerable 
 
 Merchants trading to Virginia, and treate with them about 
 
 carrying a quantity of Powder and Amunition thither in every 
 
 Ship that goes to that Plantation, The said Governor having 
 
 promised not only just payment but considerable Profit for 
 
 the same. And of their Proceedings herein the said Officers 
 
 and Farmers are required to make Report to his Majestic in 
 
 Councill, with all convenient speed. [p. 221. ^ 3.] 
 
 [762.] Whitehall, 13 March : 
 
 Jamaica. His Majestys Ship the Oxford [assigned by the Duke of 
 
 York] to be employed for the defence of his Majestys 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 465 
 
 Plantation at Jamaica, suppressing the Insolency of Privateers, 
 and for the Advance of Trade and Commerce there, [being 
 unable to put to sea] without some necessary Reparations 
 [the Duke of York is desired to direct] the Principall Officers 
 and Commissioners of the Navy to cause the said Oxford Fregat 
 to be forthwith repayred, so as she may be fit for her said 
 Voyage to Jamaica, Except Sheathing which the Governor 
 hath voluntarily undertaken to defray, as hkewise the Victaal- 
 hng of the said Ship, Wages of Seamen, and keeping her in 
 Repajnre. And that they cause her to be delivered with all 
 her Masts, Guns, and Standing Rigging to Mr. Charles Mody- 
 ford employed hither from the Governor of Jamaica, or to 
 such other Persons as shalbe sufficiently authorized to receiue 
 her for the Service aforesaid. [p. 227. \\ 2.] 
 
 [763.] Whitehall, 18 March: 
 
 A Letter to the Lord WiUoughby Governor of the Barbados. Barbados. 
 [On consideration of your letter of 16 December, giving an 
 account of the plantations under your charge]. Wee are ... by 
 his Majesties Command to acquaint your Lordship That as 
 his Majestie is well satisfyed with your Care and Dihgence 
 in the preservation and Defence of those Islands in the time 
 of the late Warr, So he doth rely on the continuance thereof, 
 and that you will not be wanting with the utmost of your 
 Endeavours to promote the Prosperity of those Plantations 
 wherein as oppertunity offers it seh, your Lordship may be 
 assured of his Majestys Assistance But as to the Intimation, 
 which hath been hinted to Vs of your desire to returne 
 suddainly for England, His Majestie thinkes it not convenient 
 in the present juncture of Affaires that those Plantations 
 should want a Governor so capable to serue his Majestie, as 
 Wee conceiue your Lordship, And therefore Wee are to signify 
 his Majestys Pleasure, That you continue there, untill you 
 shall receiue his further Directions, Wee are also to acquaint 
 you. That his Majestie hath seene the Addresses of the 
 Representatiues of the Island of the Barbados in behalf of 
 
 30 
 
466 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 themselues and the Inhabitants thereof, which conteyning 
 Matters of great Conceme, it remaines under his Majestys 
 Consideration. [p. 235. ]| 1,1 
 
 [764.] WhitehaU, 27 March : 
 
 French West Whereas the PrincipaU Officers and Commissioners of his 
 
 Company. Majestys Navy did by their Report this day read at the 
 
 Boord represent, That in pursuance of an Order of the 15th 
 
 of January last, they haue examined the Allegations of the 
 
 French West India Company, and do finde, that according 
 
 to the said Allegations, there was in the Moneth of February 
 
 1665 taken into his Majestys Stores at Portsmouth out of the 
 
 Ship St. John Baptist, and employed for the use of his 
 
 Majestys Navy seuerall Goods and Stoares in the said Report 
 
 mentioned, which according to the then current Market, they 
 
 find upon full Enquiry to be worth 2438L 10s. Id. for which 
 
 no Satisfaction hath yet been made to the said French West 
 
 India Company within their Knowledge. [The matter is 
 
 referred to the Committee,] Who examining the Losses Our 
 
 Enghsh Merchants haue susteyned by the French are desired 
 
 to propose to this Boord such Expedients as they shall thinke 
 
 proper for giving Satisfaction to the said Company, With 
 
 regard to the pretensions of his Majestys Subjects for 
 
 Reparation for their Damages. [p- 239. ^ 1.] 
 
 [On 9 September 1670 the petition of the French West 
 
 India Company for payment of the 2438?. 10s. Id. is referred 
 
 to the Commissioners of the Navy, and on their report on 
 
 the 22nd, to the Treasury assisted by the Commissioners 
 
 for Prizes.] [IX. pp. 280 & 290.] 
 
 [765.] Whitehall, 3 April: 
 Maryland. Whereas Thomas Gookin of Kingsale in the Kingdome of 
 
 Ireland Merchant, Did by his Petition this day read at the 
 Boord set forth. That upon Encouragement given to him by 
 his Majestys Order of the 6th of March 1664 for dispencing 
 with c^rtaine Clauses in the Acts for Trade and Navigation, 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 467 
 
 He freighted his Ship the Hopewell with seuerall Goods and 
 Merchandizes for Maryland, where the said Ship safely 
 arriving the Petitioners Factors made sale of the said Goods, 
 and after they had almost reladen the said Ship, with the 
 Comoditys of that Place, Charles Calvert Esqr the Deputy 
 Governor there, notwithstanding he had promised him, he 
 should trade freely and without molestation, suffered the 
 said Ship to be unjustly and wrongfully condemned and sold 
 to the Petitioners Damage of 1400?. sterling. And therefore 
 he humbly prayed, That in regard he hath not done any 
 thing contrary to any knowne Law, whereby the said Ship 
 ought to be condemned, and that he cannot expect Justice 
 from the Deputy Governor in his owne Court, That his Majestie 
 would be pleased to order the Lord Baltimore .... ffather 
 of the said Deputy Governor to make just and due satisfaction 
 to the Petitioner for his Damages as aforesaid. [A copy of 
 the petition is ordered to be sent to Lord Baltimore, who is 
 to return his answer with all speed that further order may 
 be given.] [p. 256. ^ 2.] 
 
 [766.] Whitehall, 8 April : 
 
 [A protection is granted to Edward Bushell and others for Plantation 
 the Amity (formerly the Brazil frigate), Thomas Heath com- 
 mander, sailing with 25 men and above 60 passengers and 
 servants for Barbados.] [p. 261. ^ 3]. 
 
 [767.] Whitehall, 10 April : 
 
 [On the memorial of the Dutch Ambassadors desiring that] Surinam. 
 His Majestie would be pleased to notify unto them, before what 
 Judge or Officer, the two Dutch Seamen lately come from 
 Surinam shall solemnly by Oath declare, that which happened 
 at Surinam, after the Articles of Peace concluded betweene his 
 Majestie and the said States Generall, as also the Patent for 
 Rendition of the said Place were exhibited there. [The 
 depositions were ordered to be made before the Board on the 
 1 5th instant, and kept by the Clerk of the Council for produc- 
 tion when there shall be occasion.] [p. 263. ^1.] 
 
 [C.S.P. II. 1728.] 
 
468 ACTS OF THE PRIVY COUNCIL (COLONIAL). 11668. 
 
 [768.] Whitehall, 10 April : 
 
 West Indies. [Whereas Captain Edward Burd commander of the ship 
 Margaret of Leith, (cf. 748) represented that the Commis- 
 sioners of the Treasury, on a reference of 9 February,] 
 haue declared. That his Majestic is not obliged to make 
 good Ships lost by Storme, whereby the Petitioners after 
 so good and remarkable Service to his Majestic in his 
 said Ship, and on land, both before the Hurricane and 
 after, and having lost his Bloud and Limbs, and endured 
 12 Moneths Imprisonment in a wounded Condition in 
 great misery under the French in the West Indies, till he 
 ransomed himself at a very great Rate is now exposed to 
 great Streights, and in dayly hazard of Imprisonment And 
 therefore he most humbly prayed That his Majestic would 
 be pleased to Order him such satisfaction in respect thereof, 
 for the preventing the totall Ruine of him and his Family as 
 his Majestic in his Princely Bounty shall thinke fit. [The 
 Commissioners for sick and wounded men and prisoners of 
 war are required to pay the petitioner 200Z.] formerly 
 Ordered to him by his Royall Highnes in consideration of 
 his Services and Losses aforesaid, And [to] consider him for 
 a further Gratuity when there shalbe an oppertunity, as 
 a Person who hath very well deserued of his Majestic by 
 his Services and sufferings. [p. 263. ]f 2.] 
 
 [On 24 April, the Duke of York is desired to give speedy 
 and effectual order that Captain Burd have the same 
 recompense that is given to captains in his Majesty's service 
 on the hke occasions.] [p. 284. ^ 3.] 
 
 [769.] Whitehall, 15 April: 
 Surinam. [In pursuance of the order of 10 April] this day Appeared 
 
 at the Board, Denzill Price Interpreter to the Ambassadors 
 from the said States Generall, and (being sworne before 
 the Lords of his Majestys most Honourable Privy Councill) 
 Deposed that he did read the Depositions of John CorneUssen 
 Boer, and John Crynsen Vandergracht truly to them, as it is 
 
1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 469 
 
 written in Dutch, and subscribed by them, and that the Paper 
 in EngUsh Subscribed by him the said Denzill Price, is a 
 true Translation of the same ; And the said John CorneUssen 
 Boer, and John Crynsen Vandergracht being then Ukewise 
 sworne, Did each of them Depose, that all that is contayned 
 in the Paper is true ; and it is thereupon Ordered That the Clerks 
 of the Councill do safely keepe the said Depositions, to the end 
 they may be produced when there shall be occation. 
 
 [V- 274. Ij 1.] 
 [770.] WhitehaU, 24 April : 
 
 Vpon the Memoriall of Monsieur Rovigny Concerning Losses French West 
 sustayned by the French West-India Company, and vpon the Company. 
 Clerke of the Councills giveing an Acoompt of what returnes 
 had been made to several I Orders of this Board sent to divers 
 persons about that Affayre ; [it is referred to the Committee 
 for Complaints and Grievances]. [-p. 284. ]| 2.] 
 
 [77L] WhitehaU, 29 April : 
 
 [The Duke of York] desiring his Majestie to Declare his west Indies. 
 Royall pleasure about the disposall of his Majesties Shipps 
 now in the West-Indies ; . . he is hereby desired and 
 authorised to send speedy and effectuall Orders for recalling 
 the six Fregats at present in the West-Indies, to be imployed 
 here in his Majesties service. [p. 290. ^ I.] 
 
 [772.] Ibid. 
 
 [A petition of the owners of the Pearl of Bristol for losses West Indies. 
 of 1475/. Ss. M., sustained through impressment in the West 
 Indies, in the attack on St. Christopher, is referred to the 
 Commissioners of the Treasury.] [p. 293. ^1.] 
 
 [Similar reference is made in the case of the Companion, 
 John Thompson commander, (cf. 750), impressed at Barbados 
 without any contract and so not insured, and after three 
 months service burned in the commander's absence by the 
 carelessness of the seamen impressed into her at Barbados. 
 The loss to the master and owners is estimated at 5000Z.] 
 
 [p. 294. H 2.] 
 
470 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 [773.] WhitehaU, 6 May : 
 
 [The memorial of the Dutch Ambassadors regarding the 
 surrender of Surinam is referred to the Committee, the King 
 declaring] that in the interim he will have all stipulations 
 punctually observed. [p. 296. Tf 1.] 
 
 [774.J WhitehaU, 15 May : 
 ^Maryland. [Lord Baltimore's answer to the petition of Thomas 
 
 Gookin having been read, it is ordered] That the said Mr. 
 Gookin have a Copy of his Lordshipps Answer, and make his 
 Reply therevnto in writing, especially vnto two points thereof, 
 vizt. whether he had any Lycenee for sayhng to Mary-Land 
 contrary to the Act for the encouragement of Trade, or any 
 Dispensation made thereof at this Board. And next whether 
 the Lading was Confiscated together with the Shipp after being 
 permitted to Lade in that place. [p. 305. ^ 1.] 
 
 [Gookin's answer being read on 17 June, the matter is 
 ordered to be discussed on the 26th, when all parties are to 
 attend. Of this Gookin is to give Lord Baltimore timely 
 notice.] [p. 356. ^J 1.] 
 
 [775.] Whitehall, 20 May : 
 Barbados. A Letter to the Lord Willughby Governor of the Charibbee 
 
 Islands &c. ^^^lereas it is conceived necessary for his 
 Majesties service. That the Regiment vnder the Command 
 of Sir Tobie Bridges now at the Barbado's should be Dis- 
 banded, there being no further vse for them there at present. 
 Wee are Commanded by his Majestie to require your Lord- 
 shipp to take Care that the said Regiment be speedily dis- 
 banded, and that you cause the Officers and Souldiers to be 
 payd such Moneys as shall appeare to be really due vnto them 
 out of the profit ts of the 4 J per Cent, vpon Sugar reserved 
 to his Majestie And if that be not sufficient for payment of 
 them, that then you cause it to be done some other Way, 
 of which you are to keepe an exact Accompt, and his Majestie 
 doth promise to make it good to you. [p. 313. f 1.] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 471 
 
 [776.] Whitehall, 20 May : 
 
 Vpon reading the Memoriall of the Dutch Ambassadors Surinam, 
 this day at the Board, his Majestie did Declare in Councill, 
 That the Territory of Surenam shall be restored to the States 
 of the Vnited Provinces or their Subjects who lately were 
 in possession thereof, and if the same be not allready done, 
 That his Majestie will give speedy and effectuall Orders for 
 the restitution thereof. And that satisfaction shall be given 
 for withholding the same after due notice given of the 
 Peace, and demand made for the same to be restored, 
 and also for Damages done since, and in every particular 
 right shall be done according to the Treaty, which his Majestie 
 is resolved inviolably to observe. [p. 313. ^ 2.] 
 
 [Another memorial being read on the 29th, the Committee 
 of Plantations is ordered to] draw vp an Answer vnto the 
 said Memoriall of the Ambassadors, and also prepare a Letter 
 for his Majesties Signature, strictly enjoyning the Lord 
 Willoughby forthwith to deliver vp Surenam vnto the Dutch 
 according to the full extent of the said Articles, of which 
 Letters the said Ambassadors are to have a Duplicate. 
 
 [p. 325. H 1.] 
 
 [777.] Ibid. 
 
 Vpon the humble Petition of Charles Modiford Esqr (this Jamai.a. 
 day read at the Board) Setting forth, [with reference to the 
 order of 13 March] That the said Oxford Fregate is neare 
 fitted, and the Petitioner hath accordingly Sheathed her, the 
 Victuall is prepared, and the Mariners ready, But the said 
 Order of Councill not expressing the Running-Rigging, The 
 Commissioners of his Majesties Navy do scruple the Ordering 
 the Sayles, Cables, Anchors, and Stores necessary for the said 
 voyage ; And Prajdng Order that the same may be imme- 
 diately furnished; [The Lord High Admiral is authorised 
 and desired to give order accordingly]. [p. 325. ^ 3.] 
 
 [On 8 July an express order is given to the Ordnance to 
 provide the Oxford with the usual and requisite powder and 
 
472 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 gunners' stores, they having made difficulty to do so on the 
 general words of the order of 29 May.] [p. 381 ^ l.J 
 
 Barbados. 
 
 St. 
 Christopher. 
 
 [778.] Whitehall, 12 June : 
 
 His Majesty taking into Consideration the sad Condition 
 of the Barbados, by reason of the late fire, which hath Con- 
 sumed a great part of the principall Towne in that Island, 
 to prevent the Inconveniences that may from thence arise, 
 and for the Chearing vp of the Distresed Inhabitants and 
 Planters hath out of his Pious Care, and Princely Goodness, 
 appointed a Committee of CouncUl to sitt in the Councill 
 Chamber on Tuseday next the 16th of this Moneth, at 3 in 
 the Afternoone, Who are to Conferre with such of the Mer- 
 chants, and Planters, as are now in London, and with them 
 to Consult the best meanes for present Releife and defence 
 of that Island, and to that effect offerr such proposaUs and 
 Expedients to his Majesty in Councill, as to them shall seeme 
 best, in order whereunto some of the Planters and cheifely 
 Interested in the said Island, are hereby Ordered and required 
 to give their Attendance, on the said Comittee for Trade, and 
 Plantations, at the time aforesaid, and Mr. Champante, Agent 
 for the Lord Willoughby is hkewise required to Attend. 
 
 [p. 348. TI 2.] 
 [C.S.P. II. 1768.] 
 
 [779.] Whitehall, 19 June : 
 
 Vpon reading the Letters and Protest of the Lord Wil- 
 loughby, Concerning the Refusall made of the Dehvery of 
 St. Christophers &c. It was Ordered that the Lord Arlington 
 do prepare a Letter from his Majesty to the French King, 
 together with a Narative of the Refuseall, and Copy of the 
 protest, demanding anew the Restitution of that part of 
 St. Christophers the Treaty of Breda enjoyns, with Reparation 
 for the Delay and the punishment of Officers of the French 
 King that have refused to obey his Orders, And to send this 
 Dispatch to the Earle of St. Albans, requiring his Lordship 
 to SoUicite an answer. [p. 357. ^ 2.] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 473 
 
 [780.] WhitehaU, 26 June : 
 
 [The Council refer to the Farmers of the Customs] The Barbados 
 Petition of John Harris Merchant . . setting forth, That 
 the Petitioners (amongst others) having Suffered in the late 
 Lamentable ffire at the Bridg in Barbados, hath hired in 
 Holland the Shipp Endracht whereof John Johnson is Master, 
 to make a Voyage thither with Timber, and other Materialls 
 and necessarys for Building that place, there to relade, and 
 returne with her Lading directly for the Port of London, That 
 the Petitioner hath Endeavoured to procure a shipp for that 
 purpose here, but in regard all Shipping proper for Trans- 
 porting Timber, are Employed for fetching it for the use of 
 this City, none are to be had. And Praying Lycence for the 
 said Shipp to goe to Barbados and returne againe, to this 
 Port with her Ladeing. [p. 350. If 1.] 
 
 [781.] Ibid. 
 
 [Letters to the Sheriffs and Justices of the Peace of the xobacco 
 counties of Gloucester, Worcester, Hereford, Monmouth, 
 Warwick, Salop, Oxford, York, Essex, and Flint, ordering 
 the utter destruction of all English-grown tobacco.] The 
 said Justices of the Peace are likewise required to Issue forth 
 their Warrants to the Head Constables of euery hundred within 
 the said county and they to the petty Constables, That they 
 make a just returne upon Oath attested by one sufJQcient 
 man or more of each Towneshipp, of the Names of the Owners 
 of the Ground so planted ; [and the Sheriffs and Justices of 
 the Peace are to make a similar report in writing to the 
 Board.* [p. 361.] 
 
 [782.] Whitehall, 1 July : 
 
 [On hearing counsel for Lord Baltimore and for Thomas Maryland. 
 Gookin], it appearing on the one side, That the said 
 
 * On 9 September, such a report is furnished to the Board by the High 
 Sheriff of Yorkshire and referred to the Officers and Farmers of the Customs, 
 who are to attend the Attorney General and arrange for speedy prosecution 
 of the offenders. [VIII. p. 5 It 1.] 
 
474 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 Mr. Gookin had traded [to Maryland] contrary to the Act 
 of Parhament in that behalf, And without any Dispensation 
 from his Majesty, But on the other side, That the Judge- 
 ment given in the Court there, by vertue whereof the 
 said Governor sold and disposed of the said Ship, was 
 erroneous, And it being deposed upon Oath by John 
 Gilson Master of the said Ship the HopeweU, That the said 
 Governor did promise before the Entry of the said Ship, or 
 that any of the Goods were put to sale, that they should be 
 allowed freely to trade in that Country without molestation. 
 And that afterwards he caused the said VesseU to be seized and 
 condemned. His Majestie upon consideration of the whole 
 matter thought not fit to proceed to a Determination thereof, 
 untill the Governor shalbe heard as to that Accusation. [Six 
 months are therefore allowed the Governor to inform 
 his Majesty of the true state of his proceedings in the matter.] 
 
 [f. 369. ]I 2.] 
 
 [783.] Whitehall, 8 July : 
 
 Barbados. A Letter to the Lord Willoughby of Parham Governor of 
 
 the Barbados. Wee here enclosed transmit unto your Lord- 
 ship a Copy of the Petition of NathanieU Kingsland of the 
 Island of Barbados Complajming of his hard usage at Surinam 
 by your Son Lieutenant GeneraU Henry Willoughby, who not 
 only expelled the Petitioners Tenant from that place, but 
 disposed of the Petitioners Goods, seized his Estate, and sold 
 it to a Dutchman, and that addressing himself to your 
 Lordship for Releife, but not obteyning it, your Lordship im- 
 prisoned him for taking such Course therein as the Law pro- 
 vides. Which strange Method of Proceedings (if the Allegations 
 be true) being very much dishked by his Majesty He hath 
 commanded Vs to signify unto you, as Wee do hereby. That 
 it is his expresse Will and Pleasure, That your Lordship take 
 into consideration the said Matter of Complaint, and cause 
 speedy Justice to be done therein. And if the Petitioner shall 
 not be satisfyed with what your Lordship shall determine. 
 His Majestys further Pleasure is, That the Petitioner be 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 475 
 
 permitted to endeavour the Recovery of his Right by Law, 
 according to the use and Customes of that Island, wherein your 
 Lordship is to suffer him to proceed without any molestation 
 or Prohibition, And to permit the Ministers of Justice there, 
 and others whom it may concerne at the Petitioners Request 
 to cause Processe to be issued out, and such Proceedings to 
 be had thereupon as the Justice and nature of his Cause 
 requires. [p. 379. ^ 3.] 
 
 [784.] WhitehaU, 13 July : 
 
 His Majestic this day in Councill having taken into Con- Barbados. 
 sideration the humble Proposalls of his Loyal and faithfull 
 Subjects the Planters and Merchants of the Island of Bar- 
 bados now in London, which they offered as the best 
 Expedients for the present Releife and Defence of that Island 
 upon occasion of the late sad and Raging ihre which hath 
 almost destroyed the Principall Towne there, And being 
 graciously enchned to condiscend to seuerall of their Desires, 
 Did for his better Information as to what remaynes most 
 necessary to be done for their Releife and the Defence of that 
 Island, Order, That it be and it is hereby referred to the Lords 
 Committee of Trade, 
 
 To send for and speake with some of the Cheife Planters 
 and Merchants here in London, and also Colonell Middleton 
 Surveyor of the Navy (who are ordered to attend their Lord- 
 ships on Wensday next) concerning the best Expedients for 
 the Safety and Defence of that Island, and particularly to 
 endeavour to prevayle with them to build a Sort in the most 
 convenient place for the Security thereof in case either of an 
 Insurrection of the Slaues or Invasion. 
 
 To take into Consideration the Planters Third Proposall 
 touching the Duty of 4 & J per Centum lately imposed upon 
 all Comoditys of the Growth of that Island exported, together 
 with the present State of that Duty, how collected ? and 
 to whom and to what uses the same is and hath been disposed, 
 and applyed. And their Lordships are likewise to take into 
 
476 ACTS OF THE PRlVY COUNCIL (COLONIAL). [1668. 
 
 Consideration the Letter of Sir Tobias Bridge to his Grace 
 the Lord Generall of the 21th of Aprill last concerning the 
 Condition of his Regiment and to treate with the said Mer- 
 chants and Planters concerning their Pay out of the said 
 Duty, and whether it wilbe most expedient at present to con- 
 tinue or disband them. And to report the same with their 
 Opinion thereupon to this Boord. 
 
 To consider of the best Method of collecting and answering 
 the Monies which shall arise by vertue of his Majestys Letters 
 Patents which he is graciously enclined to graunt them for a 
 generall Collection within this Kingdome toward the Releife 
 of their Necessitys, to the end they may receiue the full benefit 
 thereof, without being defrauded, And to report the same 
 to the Boord. [p. 384. ^ 1.] 
 
 [785.] Whitehall, 13 July: 
 St. [It is ordered thatl seuerall Letters and Dispatches from 
 
 Christopher. '- -' ^ 
 
 the French King for reinforcing his former Orders for the 
 Dehvery and Surrender of those parts of the Island of St. 
 Christophers that belong to the English in pursuance of the 
 late Peace concluded at Breda, [presented by Lord Arlington], 
 be by his Lordships Care sent forwards to the French 
 Governor at St. Christophers, And that his Lordship do like- 
 wise write to the Earle of St. Albans to insist further for 
 Reparation to be made to his Majestys Subjects for the 
 Damages they haue receiued in their Plantations there since 
 the times Umitted by the said Treaty of Peace. 
 
 [p. 385. 11 2.] 
 [C.S.P. II. 1790.] 
 [On the 22nd, it is ordered that these despatches be 
 sent forthwith], notwithstanding any Intimation or desire 
 his Lordship hath since receiued from the Court of ffrance 
 for respiting the sending of them untiU the Arrivall of 
 Monsieur Colbert who is coming over Ambassador from the 
 French King. [p. 394. ^1.] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 477 
 
 [786.] Whitehall, 28 July : 
 
 [Vpon reading the report of the Committee, they are ordered Barbados 
 to meet] this afternoone at Three of the Clock in the Councill 
 Chamber to consider of the best meanes and expedients for 
 paying off Sir Tobias Bridges Regiment in the Barbados, 
 And also how the said Sir Tobias Bridge may be authorized, 
 and immediatly put into the possession of the Receipt of 
 that half of 4 & | per Cent, which is designed by his Majesty 
 to be employed towards the Support of the Governor there, 
 to the end, that he may pay his Souldiers Six pence per diem 
 and the Officers haK pay, out of the Profits of the said Duty 
 untill further Order, and thereupon to report their Opinion 
 and Advise to morrow in Councill. [p. 401. ^ 2.] 
 
 [787.] Ibid. 
 
 It was this day Ordered, That his Royall Highnes &c be Acadia, 
 and he is hereby desired forthwith to giue Order for the 
 equipping and preparing a Ketch or Advice Boate immediatly 
 to sayle to L'Accadie, with such Dispatches, as his Majesty 
 shalbe pleased to send thither. 
 
 Whereas his Majestic did this day acquaint the Boord, That 
 he was informed from the French Court, that Monsieur 
 Colbert (whom the French King is now speedily sending his 
 Ambassador hither) doth bring with him certaine Overtures 
 concerning those Countrys and Places in America, which by 
 the late Treaty concluded at Breda were to be deliuered unto 
 his Majestys Subjects, And that that Information was accom- 
 panied with a desire, That the Second Dispatches sent from 
 the French King to be conveyed to his Governor of St. 
 Christophers to reinforce his former Orders for the deliuery 
 of those parts of that Island which belong to the English by 
 vertue of the said Treaty might not be sent forward untill 
 the Arrivall here of the said Monsieur Colbert, Which implying 
 as if there were some delay intended by the French King in 
 the Surrender of those places, [Lord Arlington is directed forth- 
 with to] prepare a Letter for his Majestys Royall Signature 
 
478 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 to the Governor of L'Accadie, signifying unto him his 
 Majestys Pleasure, That if the Country of L'Accadie be not 
 deliuered and restored to the French King according to his 
 Majestys former Letters in that behalf, That then he forbeare 
 and deferr the Delivery thereof, untill further Order from 
 his Majesty. [pp. 401-2.] 
 
 [C.S.P. II. 1808.] 
 
 [788.] Whitehall, 28 July . 
 
 West Indies. [In accordance with the reference of 29 April (c/. 741), the 
 Treasury report on the] Petition of Captaine John Staplehill, 
 and Capt. Florence O'Sullivan, . . . That the Petitioners 
 having been commissioned by the Lord Willoughby to raise 
 Companys in the West Indies for the Service of those Islands, 
 they conceiue the fittest way for their satisfaction to be by 
 his Majestys Order to the Governor of the Barbados to pay 
 them, or their Assignes the Twenty pounds by them demanded, 
 and moreover to gratefy them for their Service, Which being 
 read at the Boord together with a second Petition from them. 
 Humbly Praying, That his Majesty would be pleased to Order 
 them present payment of such Monys as shalbe thought fit 
 to enable them to discharge their Engagements and put them 
 in a Capacity of doing his Majesty and their Country further 
 Service, [the Treasury is authorised forthwith to pay unto 
 them] the Summe of Twenty pounds to be equally divided 
 betweene them for their present Subsistence in consideration 
 of their Services aforesaid. [p. 404. ^ 1.] 
 
 [789.] Ibid. 
 Barbados. A Letter to the Commissioners for the Office of Master of 
 
 the Ordnance. \Miereas it hath been represented to his 
 Majesty in Council, by seuerall Planters and Merchants of the 
 Island of Barbados now in London, That the whole Magazine 
 of the said Island was blowne up and destroyed by the late 
 sad ffire at Bridge Towne, whereby the said Island in case of 
 Insurrection of Slaues or Attempts by Forrainers must remaine 
 defenceless, and exposed to iminent danger, unlesse his Majesty 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 479 
 
 wilbe pleased to send a speedy supply thither, Which his 
 Majesty having been graciously pleased to graunt unto them, 
 Wee do in his Majestys Name and by his Command hereby 
 pray and require you to cause to be forthwith furnished and 
 provided, Two Himdred Barrells of Powder, One Thousand 
 ffiue Hundred fhre Armes ready fixt with small shot propor- 
 tionable, ffifteene Hundred Collars of Bandohers, ffiue 
 Hundred Pikes, Two Thousand Swords, and ffourty Culverin 
 and Demy Culverin with such quantitys of Ball, as you shall 
 judge sufficient for them, And the same and every parcell 
 thereof to cause to be dehuered to Mr. John Champante to be 
 sent with all speed into the said Island for the Defence 
 thereof. [p. 404. ^ 3.] 
 
 [On 5 August the Council approves the Ordnance estimate 
 of 4502Z. 17s. 5d. for these stores, and orders the Treasury 
 to pay that sum to Colonel William Legge, Lieutenant of 
 the Ordnance.] [p. 417. Tj 1.] 
 
 [790.] Whitehall, 29 July : 
 
 [A letter to the Lord Willoughby, to be communicated to Barbados, 
 the representatives of Barbados. His Majesty is sending 
 the above-mentioned stores], But considering how little 
 availeable the same may be to the ends designed, there being 
 not any Place of considerable strength for the preservation 
 or keeping thereof, or for security of the said Island in case 
 either of Insurrection of Slaues, or Invasion by a fforraine 
 Power, Hath commanded Vs to pray and require your Lord- 
 ship to acquaint the Representatiues of that Island that his 
 Majesty thinkes fit, on consideration of their owne Safety and 
 Advantage to advise and Counsell them to cause a ffort to 
 be erected and built in such place of the said Island as they 
 shall judge most convenient and proper for the Defence and 
 Security thereof. And your Lordship is further to signify 
 unto them, That his Majesty is graciously pleased to giue them 
 Liberty to furnish themselues in either of his Kingdomes of 
 England Scotland or Ireland and in the Isles of Jersey and 
 
480 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 Guernsey with Servants for the better enabling them to carry 
 on the Trade of the said Island, So as thereby they violate no 
 parts of the Acts for Navigation and Encouragement of Trade 
 by countenancing or contriving any Commerce or Trade 
 betweene the said Plantations and the Kingdomes of Scotland 
 or Ireland, and the Islands of Jersey and Guernsey but for 
 Servants only. [p. 409. ]| 2.] 
 
 [791.] WhitehaU, 31 July 
 
 West Indies. Whereas his Royall Highnes the Duke of Yorke Lord High 
 Admirall of England having this day represented to the 
 Boord, That there are some few Seamen who haue been 
 maimed and lost their Limbs in his Majestys Service in the 
 late Expeditions against the Dutch and ffrench in the 
 Leeward Islands Do humbly craue a Pension out of the Chest 
 of Chattham, which the Governors thereof conceiue they 
 cannot allow unto them AUeaging it to be contrary to the 
 Rules and Constitution of the Chest to releiue any out of it, 
 that at the time they were wounded did not pay to it. And 
 therefore his Royall Highnes desiring his Majestys Directions 
 how the said Poor Men should be provided for, [such a 
 yearly pension is ordered to be paid them out of the moneys 
 assigned for the ordinary expense of the Navy, and in such 
 manner and proportions, as if they had contributed to the 
 chest and were to be paid out of it]. [p. 412. ]| 1.] 
 
 [792.] Ibid. 
 Barbados. A Letter to the Lord Willoughby Governor of the Bar- 
 
 bados. [Despite the Order of 20 May] for the speedy dis- 
 banding of Sir Tobias Bridge his Regiment . . his 
 Majesty finding by the delayes and difficultys the firench King 
 makes in surrendring the Island of St. Christophers according 
 to the late Treaty concluded at Breda, That it wilbe requisite 
 for his Service That the said Regiment be kept together for 
 the Security of that Island artd the rest of his Majestys 
 Plantations there. Wee do therefore by his Majestys 
 
1668.] ACTS OP THE PRIVY COimCIL (COLONIAL). 481 
 
 Command pray and require your Lordship That if the said 
 Regiment be not akeady disbanded, you forbeare to put in 
 Execution the Directions formerly given you for the same, And 
 that you giue your best Assistance to Sir Tobias Bridge in 
 continuing the said Regiment on ffoote in the said Island 
 untill his Majesty shall otherwise dispose of them, And to 
 the end the same may be effected with the least charge and 
 Expence to the said Island, That is possible, His Majesty is 
 pleased to allow. That the said Regiment be paid out of that 
 part of his Majestys Duty of 4 & i per Cent which is designed 
 to be employed for the Support of the Government of that 
 Island, and in order thereunto hath commanded Vs to signify 
 unto your Lordship, That he hath authorized and appointed 
 the said Sir Tobias Bridge to collect and receiue the same 
 both in the Barbados and the rest of the Leeward Islands, 
 wherein it is his Majestys Pleasure, That your Lordship afford 
 him your utmost Assistance, and cause him to be immediatly 
 put into the possession of the Receipt of that Duty, which he 
 is to employ to pay off the said Souldiers according to such 
 Rules, as by his Majestys Command wee haue sent him. And 
 for the more regular Proceeding therein your Lordship is 
 hereby authorized to appoint a Comissary for mustering the 
 said Regiment which Sir Tobias Bridge is to pay according 
 to the Muster RoUs, And the Residue of the said Duty of 
 4 & J per Cent, the said Sir Tobias Bridge is to dispose towards 
 the necessary charges of the Government there, and Satisfaction 
 of such Debts in Course, as haue been contracted for the 
 Services of the said Island, according to such Orders and 
 Warrants, as haue been issued by your Lordship and CounciU 
 there for securing the payment thereof en that Duty. Wee haue 
 appointed him to giue an Account to your Lordship every 
 3 or 6 Moneths both of his Receipts and Disbursements And 
 Wee are further to signify unto your Lordship That his 
 Majesty expects, that you forthwith transmit unto this Boord 
 an Account of the whole state of the Duty of 4 & J per Cent 
 since the time of your Lordships Government there. 
 
 [p. 412. 1 3.] 
 
 31 
 
482 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 [A letter to Sir Tobias Bridge, repeating the above in- 
 structions with regard to the 4 J per cent duty. The rate of 
 of pay for the regiment is as foUows :] To the Comission 
 officers half pay, To a Serjeant Ten pence per diem, To a 
 Corporall 8d. per diem, To a Drummer Sd. per diem, and 
 to the Common Souldiers Six pence per diem. [p. 413. ][ 1.] 
 
 [793.] WhitehaU, 5 August : 
 
 Barbados. Vpon reading this day at the Boord a Letter from Sir 
 
 Tobias Bridge and another from the Officers of the Regiment 
 under his Command in the Barbados, Setting forth the neces- 
 sitous Condition both themselues and the Common Souldiers 
 are reduced unto for want of Pay and Cloathes, [the letters 
 are referred to the Committee for consideration and report,] 
 And in order thereunto some of the Merchants trading to the 
 Barbados and also the Persons employed by Sir Tobias Bridge 
 to soUicite Supplys are hereby required to attend their Lord- 
 ships to morrow at Three of the Clock in the afternoone. 
 
 [p. 416. Tl 2.] 
 
 [794.] Whitehall, 7 August : 
 
 Barbados. A Letter to the Lord Willoughby of Parham, His Majesty 
 
 having heard your Letter of the 30th of May last read to 
 him in Councill, which intimating a Desire your Lordship 
 hath to returne for England, as being perswaded it would 
 be more effectuall for his Majestys Service in those parts, 
 through the Observation your Lordship hath made there by 
 your owne Experience, then your stay cant at present any 
 waies contribute to their Advantage, His Majesty hath been 
 pleased to condiscend unto your Request, And hath com- 
 manded Vs to signify unto you, That your Lordship taking 
 Care to leaue the Government and Charge of those Islands 
 and other Affaires there under your Lordships Inspection and 
 Command in the best hands and Posture you can. His 
 Majesty is pleased hereby to giue your Lordship Leaue to 
 returne into England, when you shall judge it convenient. 
 
 [p. 417. II 4.] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 483 
 
 [795.] Whitehall, 14 August : 
 
 [On the report of the Committee,] the Rates Proposed Barbados. 
 for provision of Cloathes for the Regiment of Sir Tobias 
 Bridge, in his Majestys service in the Island of Barbados, the 
 Quahty and Goodness of the said Cloathes according to those 
 Rates, [are referred foi examination and report to Sir Peter 
 Colleton, Major Edmund Andros, and Captain James Cotter.] 
 
 [f. 430. II 3.] 
 [C.S.P. II. 1824.] 
 
 [Upon this report, on the 19th, it is recommended to the 
 Treasury] speedily to prouide the Summe of One Thousand 
 Thirty five Pounds, and to Cause the same to be Issued for 
 Paying for Cloathes for the said Regiment, according to the 
 said Proposal! and Report, and that their Lordships take Care 
 that the same be Defalked out of the souldiers Pay of that 
 Regiment. [p. 432. ][ 2.] 
 
 [796.] Ibid. 
 
 [On a report from the Committee, the Treasury is] Barbados. 
 Authorised to cause the sume of Thirty pound apeece to be 
 paid to each of the 4 Ofl&cers of Sir Tobias Bridge his 
 Regiment who lately came from the Barbados (vizt) Major 
 Edmund Andros, Captain James Cotter, and Captain Thomas 
 Mallett, and Capt. John Rodney, [care being taken] that the 
 said Sumes be Defalked out of their respective Pay. 
 
 if. 430. H 5.] 
 
 CHARLES II. VOLUME VIII. (2 Sept. 1668-28 Sept. 1669.)* 
 
 [797.] Whitehall, 4 September : 
 
 [Warrant to the Marshal of the Admiralty to take into Surinam, 
 his custody] Major Needham and several EngHsh Mariners 
 taken Prisoners neare Surinam by the Dutch, [who] are now 
 
 * Cover of Begister wrongly gives 28 Oct. 1669. 
 
484 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 brought over by Order of the States GeneraU, and now 
 remayne on Board a certain States Man of Warr neare Graves- 
 end ; [and on receiving them from the Dutch Ambassador to 
 wait on Sir WiUiam Morice for further orders], [p. 3. ^ 3.] 
 [On the 9th] Major Needham and divers others, [who] are now 
 in Custody of the Marshall of the Admiralty, . . . having 
 found good Bayle, The said Marshall (with them) is to attend Dr. 
 Exton Surrogate to the Judge of the Admiralty, who is hereby 
 directed and authorised to take sufficient security for their 
 respective appearance whensoever they, or any of them shall 
 be summoned to attend the Board, or either of his Majesties 
 Principal! Secretaryes of State, wherevpon the said Marshall 
 is to release them from their Imprisonment, And the Marshall 
 is hereby required to take a Note in Writing of the Places of 
 the Habitation, or Lodging of each of them, as also of their 
 Bayle, that so (vpon any occasion) he may readily finde them, 
 and that he deliver to the Gierke of the GounciU attending 
 a Copy thereof. [p. 5. ^ 2.] 
 
 [On the 28th, A memorial from the Dutch Ambassador 
 and a petition of Major Needham having been read, it is 
 referred to the Committee for Foreign Affairs to determine 
 what answer should be given to the Ambassador before the 
 prisoners are set at Hberty.] [p. 40. ^ 2.] 
 
 [798.] Whitehall, 21 September: 
 
 Jamaica. Charles Modiford Esqr on the behalfe of Sir Thomas Modiford 
 
 Baronett Governor of the Island of Jamaica, Setting forth, 
 That his Majestic by his Letters of Privy Scale Dated the last 
 day of March in the 17th yeare of his Reigne did Order and 
 Direct the late Lord Treasurer to pay to the said Governor 
 or his Assignes the summe of two thousand ffive hundred pounds 
 per Annum, for the defraying of the Expences of the Island 
 according to an Establishment thereof made ; [express order 
 is given for the regular payment of this sum, which the 
 Treasury had refused because Jamaica was not comprised in 
 the estabHshment of 22 July]. [p. 21. ^ 3.] 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 485 
 
 [On the 26th, the estabhshment of Jamaica is provided 
 for in a supplementary hst of his Majesty's expenses and 
 issues which includes several matters omitted in the Order 
 in Council of July 22nd.] [p. 36. ^ 2.] 
 
 [799.] WhitehaU, 21 September: 
 
 A Memoriall of the French Ambassador being this day read St. 
 at the Board relateing to the restitution of the Enghsh part 
 of the Island of St. Christophers in America, His Majestic 
 thought fitt to Declare, That an Answer be given in his 
 Majesties Name by his Principall Secretary of State to this 
 effect. 
 
 That he wholy rejects the second Proposition made by the 
 Ambassador concerning an Exchange to be made for the 
 Enghsh part of that Island, which he expects, according to 
 the 7th Article of the Treaty at Breda, shall be restored to 
 him. That he cannot but wonder at the great delayes which 
 have been made in it hitherto, by reason of which, his Majestic 
 and his Subjects have suffered very much losse and Dammage, 
 And that his Majestic caimot thinke fitt to proceed in any 
 new Treaty tiU that former one be fully executed. 
 
 That as to such Estates and Goods as were duly bought of 
 the Enghsh in that Island, It is not meant that they should 
 be restored to the particular Owners tiU the Purchasers have 
 received their reimbursement ; but as to the other Conditions 
 insisted on by the Ambassador His Majestic doth not finde that 
 they are conteyned in the Treaty, and therefore ought not to 
 cause any delay in the execution of that Treaty, which his 
 Majestic doth hereby direct the French King be again pressed 
 in by the Earle of St. Albans and that his second Orders for 
 the Rendition of the said Island be restored to their fuU force, 
 and his Majestic receive Duphcats of the same. [p. 22. ^ 2.] 
 
 [C.S.P. II. 1844.] 
 
 [800.] Whitehall, 29 September : 
 
 Whereas by Order of the 23th of October 1667. a Tem- New York. 
 porary permission for seven yeares with three Shipps onely, 
 
486 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 was granted vnto the Dutch freely to Trade with the Inhabi- 
 tants of New Yorke in America, and that no Passe Lycence 
 or permission should at any time be given to any greater 
 Number of Shipps ; Vpon reading this day at the Board the 
 humble Petition of James Cousseau of New- Yorke in America 
 Merchant, Praying, That (in regard he is a Denizon of the 
 said Place, and that he is Owner of an EngUsh Vessell for- 
 merly called the Hopewell, now the Port Albany, Enghsh built, 
 but now in Holland) he may be permitted to passe from 
 Holland to New Yorke aforesaid, or any other place in his 
 Majesties Dominions with any Goods or Merchandize not 
 Prohibited, and returne to Holland, or any other Port in his 
 Majesties Dominions, and to enjoy such Priviledges as his 
 Majestie hath been gratiously pleased to grant vnto some 
 others [The Duke of York is authorised to grant the petition 
 if three passes are not already issued.] [p. 49.] 
 
 [801.] Whitehall, 2 October : 
 
 Barbados. [A copy of the petition of Dame Frances Brereton and 
 
 Dame EUzabeth Jones, sole daughters and heirs of Francis 
 Lord WiUoughby of Parham deceased is to be sent to 
 Mr. Champante agent to the said late Lord WiUoughby ; 
 all parties are to attend on Wednesday next when further 
 order will be given.] fp. 53. If 1.] 
 
 [On 30th Oct. no answer having been returned by Mr. 
 Champante, the parties are ordered to attend the Board 
 on 6 Nov.] Ip. 88. ^[1.] 
 
 [802.] Whitehall, 9 October : 
 
 Plantation This Board being- Informed, That divers Ships goe from 
 severall of his Majesties Plantations to Tangier, and there 
 Trade contrary to Lawe, [the Committee is ordered to meet] 
 on Thirsday the 15th of this instant at Three in the after- 
 noon, and take the said busines into Consideration, And it 
 was Hkewise Ordered, That some of the Officers and Farmers 
 
 Trade. 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 487 
 
 of his Majesties Customes, as alsoe Sir Peter Colleton, Mr. 
 JoUifE, Mr. Bushell, and other Principall Traders to the Plan- 
 tations doe then attend their Lordshipps. [-p. 56. ^ 2.] 
 
 [803.] Whitehall, 9 October: 
 
 Major William Nedham, late Commander, and Seyerall Surinam. 
 Mariners of the Sloope called the Two Brothers (now Prisoners 
 in the Marshalseys Suthwark) by their humble Petition, sett 
 forth, That they lye in Prison, and want subsistence to keep 
 them from starveing, and Praying to be sett at Liberty, It 
 was Ordered, That aU and every of the said Maryners be forth- 
 with released from their Imprisonment without Bayle. And 
 that the said Major Nedham (he giveing security to appeare 
 at this Board when thereunto required) be alsoe discharged. 
 For which this shaU bee to the Keeper of the said Prson of 
 the Marshalseys sufficient Warrant. [p. 57. Tj 1.] 
 
 [804.J Whitehall, 16 October : 
 
 A Letter to the Govemour of Jamaica. His Majestic Jamaica, 
 haveing seen the severall Species of Pepper, Cloves, and other 
 Spices, that the Island of Jamaica, doth produce, and con- 
 sidering of how great Advantage the Cherishing and Pre- 
 serving the Plants and Trees on which they grow, cannot but 
 esteem it worthy of his Care to incoiirage by all possible meanes 
 the Preservation of such Plants, so as that neither by Ignorance 
 or Wast those Spices or any other should be distroyed ; Hath 
 thereupon Commanded us to signify his Expres Pleasure that 
 you imploy your self with aU diUgence to preserve the Trees 
 and Plants, upon which any Pepper, Cloves, or any other Spices 
 grow, and to encourage the Planting and Cultivateing of the 
 same, and not to suffer any Plants or Trees of those kindes, 
 or any other Aromaticall Spices to be carelesly put downe or 
 destroyed, seeing the Preservation of them conduceth so much 
 to the good and profit of that Plantation in Particular, and 
 may be of great advantage unto Trade and Commerce in 
 Generall. And wee doe further Pray you, That as any New 
 Plants of that nature come to be discovered, you from time 
 
488 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 to time send some of the severaU Species, to the Clerk of the 
 Council attending, to be by him presented to the Board, and 
 that you make triaUs and take the best care you can by Culti- 
 vateing and Transplanting to Improve them to Pubhque 
 Benefitt ; So not doubtmg but this Intimation will have the 
 particular Effect, Wee bid you heartily Farewell. 
 
 [p. 63. ^ 1.] 
 [805.] Whitehall, 21 October : 
 Barbados. Vpon Reading this day at the Board the humble Petition 
 
 of Edward Bradbourne of Barbadoes Merchant, Setting forth, 
 That the Petitioner about 5 yeares last past commenced 
 a Suit in the said Island against one James Beake to have an 
 Account of the Produce of the Petitioners Plantation called 
 Hilcotts in that Island, of which the said James Beake had for 
 above Two yeares next before been BayhfE ; And had received 
 Fourty Eight Pipes of Madera Wine, Elephants-Teeth, Gold- 
 Dust, Negroes, and other Merchandizes of a very great value, 
 for which he was to Accompt with the Petitioner but refused 
 soe to doe, with intent to defraud the Petitioner of all the 
 Premisses Committed to his Mannagement, untill an Action 
 Commenced against him by the Petitioner, when the Peti- 
 tioner and the said Beake being to Account before Auditors 
 (by Order of Court) Your Petitioner being then sick, and not 
 able to Attend to contradict his imjust Accompt, Yet the 
 said Auditors did proceed, and take the said Beaks Accompt 
 Ex parte onely, without Contradiction, Whereupon the Peti- 
 tioner before any Report from the said Auditors was made 
 became Nonsuited in his owne Action, notwithstanding the 
 said Auditors, at the Instigation of the said Beake to proceed, 
 and afterwards in Court, contrary to all Law, truth, honesty, 
 and good conscience did Report the said Beake to owe 
 nothing. But the said Plantation Produce to be all devoured 
 with what before named, and the Plantation to be Debitor 
 in Two Hundred Ninety Seaven Thousand Seaven hundred 
 Fifty Two Poundes of Sugar, upon which groundles, and 
 Erronious Report, the said Beake hath brought his Action 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 489 
 
 and obteyned Judgment. And the Petitioner Praying releife 
 therein, Vpon mature Consideration, [a true copy of the peti- 
 tion is ordered to be sent to Lord Willoughby of Parham 
 who is to take care that speedy justice be done to the 
 petitioner. If the complaint appears well-grounded and no 
 reUef has been given, the Board is to be acquainted with 
 the true reasons thereof, that further order may be made, 
 upon the petitioner's further appUcation]. [p. 68. ^ 2.] 
 
 [806.] WhitehaU, 30 October : 
 
 [License is granted to John Knight and Company, mer- Leeward 
 
 Islaiiids 
 
 chants of Bristol, to export for the supply of the plantations 
 in the Leeward Islands a hundred and fifty horses, on paying 
 the usual duties, and giving security not to transport any of 
 the horses to any other place and to bring back a certificate 
 that the horses have been landed accordingly.] 
 
 [p. 84. 11 2.] 
 
 [807.] Whitehall, 4 November : 
 
 [The Council refer to the Committee for examination and West Indies 
 report] a Letter from the Lord Willoughby of Parham his 
 Majestys Governor of the Charibee Islands of the 11th of 
 August last, and also 2 other Letters from his Lordship sent 
 hither by his Son. [p. 91. 1| 2.] 
 
 [808.] Whitehall, 11 November : 
 
 A Letter to Sir WiUiam Berkeley Governor of Virginia. Virginia 
 Whereas Daniell ffairvacks of London Merchant Did by his 
 humble Petition to his Majesty in Councill complaine. That 
 Edmond Scarborough of Virginia Merchant, being indebted 
 unto him upon Bond in the Summe of Seaven Hundred ffourty 
 Three pounds Thirteene shillings for seuerall Goods furnished 
 unto him for his Plantation there and also Thirty One pounds 
 Thirteene shiUings ffour pence more lent unto him in Goods 
 for his better proceeding in his Voyage, both which Summes 
 he promised faithfully to pay and discharge when he should 
 arriue in Virginia, yet notwithstanding he hath been many 
 
490 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 yeares there, and enjojring a Plentifull Estate hath neither 
 paid or secured the_]^said Debts to the Petitioner but on pur- 
 pose to avoid the same hath aetled his whole Estate on his 
 Children and others, and refuseth not only to satisfy the 
 Petitioner, but defyeth him and the Agents he hath employed, 
 threatning them with great Actions if they intermeddle therein, 
 So that the Peti toner is left without Remedy as to the 
 Recovery of the said Debts unlesse assisted by his Majesty. 
 [The Governor is therefore to summon Scarborough to appear 
 before him, and if it appear that the debts claimed are really 
 due to the petitioner, then to see speedy justice done him or 
 take security for payment of the sums in London. If Scar- 
 borough refuses to abide by such judgment, a full report is 
 to be made to the Board that further order may be taken 
 for the petitioner's reUef.] [p. 101. ^ 2.] 
 
 [C.S.P. 11. 1869.] 
 [809.] Whitehall, 13 November : 
 
 New York. [A list of matters referred to the Committee for Foreign 
 Affairs includes — (1) The report of the Council of Trade 
 touching Dutch ships that have hberty to trade to New York :] 
 (2) the Narrative of the state and Condition of Surinam, 
 together with a Letter from Sergeant-Major Banister (being 
 sent Prisoner from that Colony to Zealand), touching his 
 Imprisonment. [p. 105. ^1.] 
 
 [810.] Ibid. 
 Surinam. His Majesty being given to understand by a Report from 
 
 the Councill of Trade made by the Right Honourable the Lord 
 Arlington, That Mr. James Banister late Deputy Governor of 
 Surinam for his Majesty before the Surrender of that Plan- 
 tation to the Dutch is lately sent Prisoner into Vhssing, It 
 was Ordered That Mr. Secretary Trevor do forthwith write 
 unto Sir WiUiam Temple, his Majestys Ambassador in Hol- 
 land, [to demand his release, and an explanation of his 
 imprisonment,] With Direction to Sir WiUiam Temple, that 
 he send a discreet Person privately to the said Mr. Banister 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 491 
 
 to be informed by him (if it be possible) of the cause of his 
 Imprisonment with all Circumstances relating thereunto. 
 
 [p. 105. If 2.] 
 [811.] Whitehall, 13 November: 
 
 [The Council refer to the Committee the] Petition and St. 
 Remonstrance of seuerall Persons whose Names were there- 
 unto subscribed, for and on the behalf of seuerall Thousand 
 distressed People some time the Inhabitants of the Island of 
 St. Christophers. [p. 107. ^f 4.] 
 
 [812.] . Whitehall, 18 November : 
 
 Whereas the Councill of Trade haue represented to his New York. 
 Majesty that the Merchants are much discouraged in their 
 Trade to New yorke, and are withdrawing their Estates thence, 
 by reason of an Indulgence graunted to the Dutch by an 
 Order in Council! of the 23th of October 1667 to trade 
 thither with Three Ships for Seaven yeares, and Passes obteyned 
 for that purpose accordingly ; Alleaging that the same will 
 haue an unhappy Influence by opening a Way for fforrainers 
 to trade with the rest of his Majestys Plantations, and pre- 
 venting the Exportation of the Manufactures of England, and 
 thereby destroy his Majestys Customes, and the Trade of this 
 Kingdome, which is in a great measure upheld by the Plan- 
 tations, And whereas they further represent. That his Majesty 
 is not obliged thereunto by the Articles for the Surrender of 
 New Yorke, upon which the said Indulgence seemes to be 
 graunted ; The said Articles importing only a Liberty for the 
 first Six Moneths after the Rendition of that Plantation, And 
 do therefore desire. That the said Order of Councill and Passes 
 thereupon graunted may be revoked ; Vpon serious Considera- 
 tion, His Majesty approving of the Advice and Desires of the 
 Councill of Trade expressed in the said Representation 
 Was pleased this day to Order and comand, that The said 
 Order of this Boord of the 23th of October 1667 And all 
 Passes graunted by vertue thereof to any Dutch Ships or Vessells 
 to trade from Holland to New Yorke be and they are hereby 
 
492 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 recalled and annulled, Yet his Majesty out of his Princely 
 Regard to his Subjects in New Yorke, who may be brought 
 to some distresse for want of Necessarys which probably may 
 not be supplyed them out of England this yeare, And reflecting 
 with some Clemency upon those who under the promise of 
 the said Passes may haue been put to charge in making ready 
 their Ships, Was pleased to Order, That one Ship of those now 
 preparing in Holland for New yorke (such as . . . the Duke of 
 Yorke shall appoint) shall haue Leaue to make one Voyage 
 thither this yeare ; and ... no other Forraine ship 
 or ships whatsoever . . . otherwise then according to 
 the Articles for Surrender thereof. And . . . That the 
 Governor of New yorke and aU other his Majestys Officers 
 whom it may concerne do take notice hereof, and cause the 
 same to be duly obserued. And . . That imediate Notice be 
 given hereof to Sir WiUiam Temple . . to the end he may take 
 care to haue this his Majestys Pleasure signifyed to all such 
 as are there preparing to send Ships or Groods unto New 
 
 Yorke [p. 112. ^ 1.] 
 
 [C.S.P. 11. 1875.] 
 [813.] Whitehall, 18 November: 
 West Indies. [The Commissioners of the Treasury report in the case of 
 the Pearl of Bristol, Walter Morgan commander, impressed 
 in the West Indies (c/. 772). All expenses for freight, stores, 
 and damage are recommended to be paid.] But besides the 
 want of Money in your Majestys Exchequer for paying such 
 Money here, wee conceiue it most proper, it should be paid out 
 of your Majestys Revenue in the Charibee Islands, and the 
 rather for that the Demands of the Petitioners may there be 
 more fuUy examined, and a better Conclusion be made with 
 them by the Governor with the Advice of your Majestys Coimcill 
 there then can be done at so great a distance from the 
 Testimony and the Knowledge of the whole transactions, of 
 which nothing appeares to us, except what is certifyed by 
 your Majestys Governor there, which probably may haue had 
 but a shght Examination, when it was supposed it should be 
 paid in England. 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 493 
 
 If your Majesty shall approue hereof, wee conceiue it fit, 
 that some Instructions in order thereunto be sent to the 
 Governor and Councill at the Barbados, restrayning them from 
 allowing more then hath already been certifyed, and that 
 they should (within that Summe) either by Agreement with 
 the party or otherwise settle the Account as low as they can, 
 That having so setled it, they cause Orders of Payment to 
 be made and Registred in Course in a Register to be kept for 
 Debts of this kind, to which any of the Creditors or their 
 Agents may freely haue Recourse to satisfy themselues that 
 they haue Justice done them according to your Majestys 
 Intentions, To which end it wilbe necessary, a Register be 
 also kept (to which the Creditors may also haue accesse) of 
 all the Incomes of your Majestys Revenues, of which a con- 
 venient proportion to be set apart for supporting the Charge 
 of your Majestys Governor there, and the Remainder to be 
 lyable to the payment of the Creditors abouesaid according 
 to the Course of the Register, Which as wee hope it may 
 tend to the Satisfaction of the Creditors, So wee are not with- 
 out hopes that it may giue occasion to the detecting of such 
 ffrauds as are by some said to be practised to your Majestys 
 Disservice there, in regard it will by this method become the 
 Interest of every Creditor to discover all ffrauds in your 
 Majestys Revenue, Since by such Abuses the pajrment of 
 every Mans Debt is delayed, Whitehall, Treasury Chamber, 
 10° Junij 1668 Albemarle. T. ChfEord. Wm. Coventry. 
 
 [The report was approved by his Majesty, and Lord 
 Arlington was ordered to cause a letter and instructions in 
 accordance with it, to be prepared for his Majesty's signature 
 and sent to the Lord WiUoughby.] [p. 114. ^ 2.] 
 
 [C.S.P. II. 1873.] 
 
 [814.] Whitehall, 2 December : 
 
 Whereas Information hath been given to the Boord, That Surinam. 
 Mr. Roger Jones being one of his Majestys Subjects (employed 
 to Surinam by the Lord WiUoughby with Orders and Instruc- 
 tions for the Delivery thereof to the Dutch) is deteyned 
 
494 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 Surinam. 
 
 St. 
 
 ( 'hristopher. 
 
 Plantation 
 Trade. 
 
 Prisoner, and continues at present on board a Dutch Man 
 of Warr, now lying at the Isle of Weight, And that the 
 Commander of the said Ship (being thereunto desired) doth 
 refuse to dehver the said Roger Jones on shoar, [Lord 
 Culpeper, Governor of the Isle of Wight, is directed forth- 
 with to] giue Directions to his Deputy Governor to secure 
 the Captaine of the said Man of Warr, and not suffer him to 
 depart untill the said Roger Jones be sett at Liberty. 
 And if upon further Examination . . it shall appeare, 
 that he hath any waies misbehaued himself, his Majesty will 
 cause him to be severely punished. 
 
 [Lord Arhngton is at the same time instructed to acquaint 
 Sir WiUiam Temple, ambassador in Holland, with the 
 measures taken.] [p. 128. Tflj 2 & 3.] 
 
 [815.] Whitehall, 4 December : 
 
 [Lord Holies, Lord Ashley, and Sir John Trevor are directed 
 to draw up an answer to the Dutch Ambassador's memorial 
 as to the Dutch man of war detained at the Isle of Wight.] 
 
 [p. 130. H 3.] 
 
 [816.] Ibid. 
 
 The Draught of an Answer to the French Ambassadors 
 Memorial prepared by Dr. Jenkins Judge of his Majestys High 
 Court of Admiralty touching the Surrender of St. Christophers, 
 was read at the Board and approued. [p. 130. ^ 4.] 
 
 [817.] Whitehall, 11 December : 
 
 Vpon reading this day at the Board the humble Petition 
 of Jacob Lucy Merchant Owner of the Shipp Catherine of 
 London Setting forth That in the yeare 1661 the said Shipp 
 was Built in parte at the Port of Dunkirke by the late Lord 
 Willoughby of Parham and Sir John Harlow, with severall 
 Materialls brought from England, and by them afterwards 
 finished in the Port of London as Appeared by an Affidavit 
 of Mr. Champante, then Ukewise read, That the said Shipp 
 hath ever since Traded to and from his Majestys Plantations 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 495 
 
 to the Port of London as an English Built Shipp without 
 Interruption But being now dayly expected to arive from the 
 Barbado's the Officers and Farmers of the Customes do make 
 some dificulty of accepting the said Shipp with the hke 
 Priviledges as shee hath formerly enjoyed, in regard the Port 
 of Dunkirk is not particularly mentioned amongst the Places 
 in the Act for Navigation wherein Shipps that are built are 
 to be Accounted Enghsh Built. And the Petitioner most 
 humbly Pra3dng That his Majesty would be pleased to give 
 Order that the same Shipp might be Entred as an English 
 Built Shipp, His Majesty taking the same into Consideration, 
 as also that the Port of Dunkirk did at the time of the building 
 of the said Shipp belong vnto his Majesty [grants the 
 request,] Whereof the said Officers and Farmors are to take 
 notice, and cause the said Shipp to be Registred in the Custome 
 House and Certificate made thereof accordingly. Provided 
 That by reason of this Concession the said Farmers do not 
 demand, or Expect any Defalcations from his Majesty upon 
 the said Farme. [p. 139. ^ 1.] 
 
 [818.] Whitehall, 4 December: 
 
 [The Committee for foreign affairs are ordered to] meet St. 
 
 1 1 . , . . T 11 1 1 T p Christopher. 
 
 and take into their consideration, as well the last Letter from 
 the French King relating to the Dehvery of St. Christophers 
 as also the former Letter and aU other Papers, Articles and 
 Acts which Concerne the said Restitution, and vpon the whole 
 Matter to draw vp in writing what shaU be thought fitt to be 
 given in Answer to the French Ambassador, Leaving the 
 adjusting of all differences which may Concerne the full 
 Execution of the Treaty, to Commissioners to be Appointed 
 by both Kings. [p. 139. ^ 2.] 
 
 [819.] Ibid. 
 
 Vpon reading this day at the Board the humble Petition New York. 
 of Ohver Stuyvesant, Van Cortlant, Gerrit, Shktenhorst, 
 Jaques, Couseau, and divers others his Majestys sworne 
 Subjects of the Dutch Nation, Inhabitants of New Yorke in 
 
496 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 America, in behaKe of themselves, and many more his 
 Majestys Loyall Subjects now residing in New Yorke. Setting 
 forth, That upon confidence of the Continuation of his Majestys 
 Order of Council! of the 23d of October 1667 for hberty for 
 Three Shipps yearly to Trade to New Yorke with the Peti- 
 tioners -his Majestys Subjects in those parts, the Petitioners 
 transported themselves to Holland this last Summer upon 
 no other designe then the Setleing their former Accompts, and 
 Propogating the Trade of those his Majestys Dominions, to 
 which end they freighted a Shipp called the King Charles, 
 which hath laine in the TexeU many dayes ready to sett 
 sayle ; But the Petitioners having receiued by Order from 
 his Royall Highness, a Copy of his Majestys result in Councill 
 of the 18th of November last, for recalhng his Majestys 
 permission aforesaid, and restraining the Number to One 
 Shipp for this Yeare, the said Shipp the King Charles was in 
 obedience to his Majestys Commands Stopt to the great 
 Dammage of the Petitioners. And one of the Three Shipps 
 permitted to Trade as aforesaid being gone before the Sig- 
 nification of his Majestys pleasure Arived at Amsterdam, the 
 Petitioners most humbly Prayed That their said Shipp with 
 her Goods, and Cargo, fitted for the Voyage aforesaid may 
 enjoy the priviledge of his Majestys said Gracious Indulgence : 
 [the Duke of York is authorised and desired to grant a pass 
 for the said ship to make one voyage and no more to New 
 York this year only, and to return without hindrance]. 
 
 Ip. 140. If 1.] 
 [C.S.P. II. 1885.] 
 
 [820.] AVhitehall, 11 December: 
 
 Nevis. . . ColloneU James Russell Gouernor of his Majestys Plan- 
 
 tation in Nevis, his Counsell, and the Gentlemen of the Asembly 
 there, acknowledging their fault in receiving Supplys of Pro- 
 visions and other necessaryes from the French (being 
 necessitated thereunto by extreame Want) contrary to the Act 
 of Trade and Navigation, and humbly imploring his Majestys 
 Gracious pardon for their Misdoings, His Majesty was 
 
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 497 
 
 Graciously pleased of his princely Compassion to [grant them 
 free and full pardon and absolution from all penalties and 
 forfeitures]. [p. 140. ^ 2.] 
 
 [821.] Whitehall, 16 December: 
 
 . . Sir Robert Vyner, Sir Edward Hungerford, Sir John Hudson's 
 Robinson and others Adventurers to Hudsons Bay. Setting 
 forth, That whereas his Highness Prince Rupert, the Duke 
 of Albemarle and others did the last yeare Resolue to send 
 a Vessell to Hudsons Bay to finde out a New Trade, and to 
 make other discoverys which would proue of advantage to 
 his Majesty and this Kingdome, for the better carrying on 
 whereof his Majesty was Gratiously pleased (upon their humble 
 Application) to lend them the Eaglet Ketch for their first 
 Expedition, And whereas accordingly the said Vessell was 
 sett out, and proceeded onward the Voyage very farr, but 
 meeting with Contrary Windes, and a violent Tempest, was 
 thereby disabled, and forced to returne, and is since delivered 
 to the Commissioners of his Majesty Navy, shee being by 
 reason of the deepness of her Wast unable to endure the 
 violent Stormes they mett with all ; And whereas the said 
 Adventurers are still resolved through Gods Assistance to 
 prosecute the said designe as soone as the season of the yeare 
 will permitt. And praying That his Majesty would be pleased 
 to Lend them instead of the said Eaglet Ketch, the Hadarine 
 Pinck, Rigged and fitted, shee being a Vessell of less worth 
 to his Majesty and much more fitt then the other for the 
 said Expedition, His Majesty was Graciously pleased to Grant 
 the Petitioners request ... [p. 146. ^1.] 
 
 [822.] Whitehall, 18 December : 
 
 In Answer to a Memoriall presented by the Spanish Am- Spanish 
 
 A.m6nc8i 
 
 bassador Conteyning a Complaint of seuerall Violences in an 
 hostile way Committed by his Majestys Subjects, upon the 
 Subjects, and on the Shipps and Territoryes of the King of 
 Spaine in America, And upon reading seuerall Papers, and by 
 
498 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 
 
 the Verball Account given by Mr. Modyford It appearing that 
 the Shipp cheifly insisted upon by the Spanish Ambassador 
 was Taken before the Ratifiing of the last Treaty between 
 the Two Crownes, And that the Spaniards haue likewise taken 
 seuerall Shipps from the EngUsh, in so much that the 
 Violentes and Hostile Actions of the Spanjards upon his 
 Majestys Subjects in those parts do Exceed those of the 
 Enghsh vpon the Spaniards. [Lord Arhngton and Sir John 
 Trevor are instructed to] Acquaint the Spanish Ambassador 
 herewith, and leaue in his hands a Memorial of the Particulars, 
 which they are hereby required to see Extracted and drawne 
 up out of the forementioned Papers and Evidences, and in 
 regard the Hostihty hath been Mutuall, to Propose to the 
 Ambassador a totall Reciprocall Amnesty and Obhvion of all 
 that is past, and a setlement of Mutuall good Intelhgence 
 for the future, as to kind Reception into the Harbours, and 
 Ports, Affording all necessary Refreshments of Wood, Water, 
 and Victualls for their Money. [p. 15L ^ 1.] 
 
 [823.] Whitehall, 23 December : 
 
 Barbados. Vpon reading this day at the Board a Letter Directed to 
 
 Sir William Temple . . Wherein Information is given of 
 Two Shipps (vizt) the Shipp Mathew and Francis of London 
 Richard Bread Master Burthen Three hundred Tunns bound 
 for Barbados, upon Accompt of the Jews at Amsterdam : 
 as likewise the Shipp Sarah and Mary Burthen Ta\'o hundred 
 seaventy Tunns, Edward Burton Junior of London Master, 
 laden for the Barbados on Enghsh and Dutch mens Accompts 
 liveing at Amsterdam which are now parted from the Texell 
 on their intended Voyage. [Lord Arhngton was directed 
 to write to Lord Willoughby or his Deputy] that he seize 
 the said Shipps, or any others that shall come to Trade in 
 any of his Majestys Plantations under his Command from 
 any Forraigne Parts Contrary to the Act of Navigation. 
 
 [p. 156. Tl 2.] 
 [C.S.P. II. 1895.] 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 499 
 
 [824.] Whitehall, 8 January : 
 
 [On the report of the Duke of York that the Hadarine Hudson's 
 pink is employed in his Majesty's service and not available ^' 
 for the voyage to Hudson's Bay, it is ordered that another fit 
 ketch be rigged, fitted, and placed at the disposal of the 
 adventurers.] [p. 166. ^ l.j 
 
 [825.] Ibid. 
 
 [On the Treasury report in the case of the William awcZ New York. 
 Nicholas (cf. 758), the petition and report are referred to the 
 Commissioners of the Navy] to Examine what Agreement was 
 made with the Petitioner by his Majestys said Commissioners 
 for the Affaires of America, And what authority they had to 
 make such a Contract. [If it appears that there was sufficient 
 authority for making the contract, the Treasury report is to be 
 pursued in every part thereof : but if not, the state of the 
 whole matter is to be reported to the Council that further 
 order may be given.] [p. 166. ^ 2.] 
 
 [826.] Whitehall, 20 January : 
 
 [Vpon reading a report from the Committee] vpon severall Plantation 
 Representations of the Commissioners for Tangier, Relating 
 to the future Regulation of the Gouernment and Trade of 
 that Place. It was Ordered That . . Lord Arhngton 
 do propose to the Councill of Trade, for their serious 
 Debate, and Consideration whether it be for the benefitt and 
 Advantage of the Trade of this Kingdome, and of his 
 Majestys Plantations, That it may be free for all our Plan- 
 tation Shipps from the West Indies to come and Unlade at 
 Tangier, paying besides the Duty of the Port, such Customes 
 as ought to remayne unto his Majesty upon the Exportation 
 of them, in Case they Landed them in England, And to desire 
 their Opinion thereupon. [p. 178. ^ 3.] 
 
 [827.] Ibid. 
 
 His Majesty this day takeing into Consideration the great Plantation 
 importance the Trade of his severaU Plantations is xmto his 
 
500 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 Majesty and his Kingdomes ; And being Informed that seuerall 
 Governors of the said Plantations haue been Wanting to their 
 Duty in the particulars following, As 
 
 1. That the said Gouernors haue not taken the 
 Oath enjoyned by the late Act, Intituled an Act for 
 Increasing and Encourageing of Shipping and Navigation. 
 
 2. That Shipps haue been permitted to Trade to 
 and from the Plantations not qualifyed according to Law. 
 
 3. That there hath been an Omission of takeing 
 Bond, and Sufficient security, and returning those Bonds, 
 according as is Directed by the seuerall Acts of ParUament. 
 
 For Redress whereof It was this day Ordered by his 
 Majesty in Councill That the Farmers of his Majestys Customes 
 do, and they are hereby required (at their owne Charge) to 
 send ouer or make Choice of upon the Place, and from time 
 to time Commissionate and Maynteyne One or more Person 
 in each Plantation (whom his Majesty shall Approve and 
 Authorise) to administer the usuaU Oath enjojmed by the said 
 Act for increasing and encourageing of Shipping and Navi- 
 gation, to the seuerall Governors of his Majestys Plantations ; 
 And to take especiall Care that the Acts for preventing Frauds, 
 and Regulating Abuses in his Majestys Customes, And the 
 Act for Encourageing Trade, be putt in full and Dew 
 Execution, And that no Shipps or Vessells be admitted to Trade, 
 or suffered to Lade, or Unlade in any his Majestys said 
 Plantations, before the said Officer haue the perusaU of the 
 Passes and Certificates, and be Satisfied of the truth of the 
 same, And that according to the said Acts such Shipp or Vessell 
 may freely Trade there, and the same testify in Writing As 
 also that no Bonds or Security be admitted of without the 
 Allowance of the said Officer in Writing. And to the end 
 these Directions may haue the beter effect. It was farther 
 Ordered That the said Farmers of his Majestys Customes do 
 speedily returne unto his Majesty in Councill, or vnto One 
 of his Majestys Principall Secretarys of State, the Names of 
 ^uch Persons as they designe to Imploy in his Majestys 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 501 
 
 respective Plantations, not only for his Majestys Approbation 
 but to be Authorised to Administer the Oaths for Observing 
 the said Acts . . . And that the said Officers be enjoyned 
 to giue frequent advice unto the Farmers of their Proceedings, 
 and they unto his Majesty in Councill to the end if any 
 neglects or Offences be Committed, they may be redressed 
 and punished. [p. 179. ^1.] 
 
 [828.J Whitehall, 20 January : 
 
 [A letter to the Governors of Maryland, Virginia, Bermudas, Plantation 
 the Caribbee Islands, Jamaica, and New York, instructing 
 them to take the oath prescribed by the Navigation Acts in 
 presence of the officer sent, in accordance with the preceding 
 Order, by the Farmers of the Customs, and to aid him in 
 carrying out all his lawful instructions, whether from the 
 Board or from the said Farmers], that so all future ffraud 
 and deceipt in the managment of the Trade of that 
 Plantation, may be prevented. [p. 182. ^ 1.] 
 
 [829.] Whitehall, 27 January : 
 
 The Third Article of the Proposalls of the Council! of Trade Plantation 
 
 , . ,, . ^, . . Trade. 
 
 concermng his Majestys Plantations vizt. 
 
 That his Majesty will please to cause Directions to be 
 given to the Commanders of his Shipps, and also that any 
 Merchants Shipps may be Commissionated to Seize or 
 Arrest any Shipp Trading to his Majesties Plantations 
 contrary to Law. 
 
 being this day read at the Board, and taken into Consideration 
 It was thereupon Declared (his Majestic present in Councill) 
 That his Majestys Shipps, of Course, have Commission to that 
 purpose ; And that if any Merchants, Owners, and Masters of 
 Shipps shall desire such Commission, that then upon glueing 
 Security (with other usuall formaUtyes) . . the Duke of 
 Yorke . . do, and he is Authorised to Grant such Com- 
 missions accordingly. [p. 187. ^ 1.] 
 
502 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 [830.] Whitehall, 5 February : 
 Barbados. [The Council refer to the Committee for examination and 
 
 report the] Petition of Dame Frances Brereton, and Dame 
 Ehzabeth Jones [c/. 801.] Setting forth, That his Majestie 
 by Letters Patents under the Great Scale of England did 
 Grant to . . Francis Lord Willoughby the Petitioners 
 Father, the Moyety of all Customes, Duties, Pines, Rents &c. 
 acruing to his Majesty in and from all or any of the Carribhe 
 Islands, to be receiued and enjoyed by the said Lord 
 Willoughby and his Assignes, for seaven yeares from the Feast 
 of the Nativity of our Lord in the 14th yeare of his Reigne ; 
 And that by his last Will and Testament the said Lord 
 Willoughby had bequeathed all his Right by that Grant (except 
 what he did by his said Will appoint for the Payment of Debts, 
 and Legacyes) to the Petitioners. And that his Majesty was 
 Gratiously pleased to appoint the Lords Commissioners for 
 the Treasury to take, and State the Accompts of both the late, 
 and now Lord Willoughby, to finde out how much of the Lords 
 Francis his Moyety had been during his hfe time, and since, 
 Imployed for his Majestys service there ; And in regard their 
 Terme in their Fathers Moyety expires on the 25th of Decem- 
 ber next. And that they hitherto haue receiued no benefitt at 
 all thereby ; As also because none of their said Fathers WiU, 
 hath beene Executed, nor any of his Debts paid. Praying That 
 they may be heard by their CounciU. [p. 193. ^1.] 
 
 [831.] Ibid. 
 
 Nova Scotia. A Letter from Sir Thomas Temple Knight and Baronett 
 Gouernor of Nova Scotia and L'acady Dated at Boston in 
 New England the 24th of Nouember 1668 concerning the 
 deUvery vp of the Country of Acadia to the French being 
 this day read at the Board [The letter and papers therewith 
 were referred to the Committee]. [p. 194. ^ 2.] 
 
 [832.] Ibid. 
 
 Barbados. Vpon reading this day at the Board a Letter of December 
 last from Sir Tobias Bridge from the Barbados, Repre- 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 503 
 
 senting the great obstructions and Diffioultyes he hath mett 
 with in Collecting, and receiueing his Majestys Moyety of the 
 Duty of 4J per Cent, within the said Island, according to a 
 Letter from this Board of the 31th of July past towards the 
 payment of the Regiment there under his Command, and 
 other vses particularly by one Nathaniell Johnson, who pre- 
 tends to be Deputy Treasurer to Liuetenant CoUonell William 
 Willoughby, who had a Commission from his Father for that 
 purpose ; [Lord Willoughby] is hereby required forthwith by 
 the first opertunity to giue Order to his Deputy Gouernor the 
 said Mr. Johnson and all other Persons Concerned to yeild all 
 due obedience to the said Order of this Board Appointing the 
 said Sir Tobias Bridge Receiver and Collector of the Duty 
 aforesaid, And also to be assisting to him therein, as there 
 shall be occasion, or elce that his Lordship giue in his Reasons 
 to the Contrary to this Board on Wednesday next the 10th 
 instant. [p. 197. ^ 3.] 
 
 [833.] Whitehall, 12 February : 
 
 Vpon reading this day at the Board the humble Petition Nevis. 
 of John Smith, a Minor, Executor to English Smith his Father 
 late of Nevis planter Deceased, Shewing, That according to 
 the true intent of his said Fathers Will, he hath taken vpon 
 him the Mayntenance and Education of English Smith his 
 Brother, And EHzabeth his Sister, and the payment and Satis- 
 faction of the Legacyes bequeathed by the said Will. Two 
 hundred Twenty foure Pounds whereof is aUready paid, And 
 the said Brother and Sister hath been Maintayned vpwards 
 of Foure yeares. That Thomas Smith the Petitioners Brother, 
 under CoUour of a Writing or Deed of Guift made by the 
 Petitioners Father, for avoyding Sequestration for Wordes 
 Spoken by him against the late Usurper, and for no other 
 Cause (as may Appeare by the State of the Case hereunto 
 Annexed) threatens to seize on the whole Estate of his said 
 Father, to the utter ruine of the Petitioner and the rest of 
 his Fathers Children. And therefore most humbly Praying 
 releifetherein. [A copy of the petition and of the state of 
 
504 ACTS OF THE PRIVY COUNCIL (COLONIAL). 1 1669. 
 
 the petitioner's case is ordered to be delivered to Lord 
 WiUoughby] who is required to cause the same to be sent by 
 the first opertunity to his Lievtenant or Deputy Gouernor of 
 Nevis with Directions to him to Call the Partyes Concerned 
 before him, and Compose the Difference if he can, [and if 
 unable, to report to the Board.] [p. 209. ^ 3.] 
 
 [834.] WhitehaU, 17 February : 
 New York. [In the case of the William and Nicholas, on the report 
 of the Commissioners of the Treasury of January 8 confirming 
 the statements of the petitioner, but] it not Appearing to their 
 Lordships how longe the said Shipp was in that service, nor 
 what Authority the said Commissioners had to Press 
 Shipps, or Contract for them, [the matter was then referred 
 (cf. 885) to the Commissioners of the Navy, on whose 
 report] the Board being fuUy Satisfyed of the Truth of the 
 Petitioners Allegations, as allso of the Power of the said 
 Commissioners for Pressing and Contracting for Shipps, Did 
 Order [that the Treasury give directions for the payment of 
 the said sum of 468Z. 19s. lid. to the said Captain Thomas 
 Morley or his assigns, in full satisfaction for the freight and 
 service of his ship]. [p. 215. T| 1.] 
 
 [835.] WhitehaU, 26 February : 
 Nova Scotia. Report being this day made to his Majesty in Councill 
 by the Committee of the Board Appointed to Consider of Sir 
 Thomas Temples Letters Containing some Reasons, and 
 Pretensions by him AUeadged why Certaine Places (vizt) 
 Alexandria and Caledonia, (being Members of Nona Scotia) 
 should not be Surendered to the French King as part of 
 Accadie ; [Lord Arlington was directed to prepare for his 
 Majesty's signature], a Second Order Directed to Sir Thomas 
 Temple for the present DeUvery of Accadie to the French 
 King according to the Treaty of Breda in the very same 
 Tearmes and Tenor, as was the former Order, the Execution 
 whereof was for certaine Reasons Suspended. [p. 218. ^ 2.] 
 
 [C.S.P. III. 23.] 
 
1669.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 505 
 
 [836.] Whitehall, 26 February: 
 
 [The Committee and the Commissioners of the Treasury Barbados. 
 are ordered to] Appoint some speedy time to meete, and take 
 into Consideration the Lord William Willoughby Relation of 
 the State of the Island of Barbados, and the rest of the Charibee 
 Island under his Lordships Command ; And that they examine 
 the state of his Majestys Reuenue in those parts, And par- 
 ticularly make inquirey into the Accompts of Francis Lord 
 Willoughby of Parham Deceased. And . . vpon the request 
 of the said Wilham Lord Willoughby, their Lordships . . . 
 are hereby Authorised to [examine all complaints against his 
 Lordship with his answer thereto, and to report to the 
 Council with all convenient speed their opinion on the whole 
 matter]. [p. 220. ^ 3.] 
 
 [837.] Whitehall, 5 March : 
 
 . Major WilUam Nedham Joseph Archer, George Surinam. 
 Cobdayne, Jonathan Taylor, ffrancis Bagnall, Csesar Perkins, 
 WiUiam Low, George Angell, Wilham Coleman, Philip 
 Cress well, Nicholas Brodgate, Garret Brumgham Joseph 
 Gennings, Benjamin Penoyer John Cummings, Daniell Bryan, 
 Peter Mosse Richard Shepheard, Thomas Brathat, John 
 ffarrington, and Thomas Garret, Shewing, That they being 
 commissionated to go against the Indians in the Coast of 
 Guiana, which were and are his Majestys Enemys, did long 
 after the Peace made betweene his Majesty and the Dutch put 
 in to Water at the River of Surinam where they were all 
 unjustly seized upon by Admirall Crinson and without any 
 Cause shewed, sent into Zealand and there kept in Irons 
 and used with extraordinary Cruelty to their utter Ruine and 
 Destruction, being not able to subsist for Want. And therefore 
 most humbly Prajang his Majesty of his Princely Compassion 
 to order some Compensation to them for their present Releife, 
 [the Treasury is] authorized to giue Order for the payment of 
 Two Hundred pounds without Account unto WilUam Lord 
 Willoughby or such as he shall appoint as of his Majestys 
 
506 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 free Guift and Royall Bounty to the seueraU Persons aboue- 
 named for their present Releife and Subsistence. 
 
 [p. 229. If 3.] 
 [838.] Whitehall, 19 March : 
 
 St. This day the ensuing Instructions touching the Restitution 
 
 of the Island of St. Christophers in America were read at 
 the Boord and approued, And It was Ordered that the same 
 be carefully entred into the Register Booke of Councill Causes, 
 as followeth vizt. 
 
 Instructions for Our Trusty and wel-beloued Sir 
 John Yeomans Baronet, Colonell Philip Bell, ColoneU 
 Samuel Barwick, Col. Wilham Sharp, and Capt. PhiUp 
 Pajoie whom Wee haue appointed Commissioners for the 
 amicably composing, or otherwise finally determining 
 all Differences that may arise betweene Vs, and Our good 
 3rother the most Christian King, and between Our 
 Subjects, and His upon the restitution to be made to Vs, 
 and Our said Subjects of the Island of St. Christophers 
 in America &c. 
 
 Although by the tenour of the late Orders issued by Our 
 good Brother the ffrench King of the 16th of January now 
 last past. Wee haue reason to beleiue, that the Soveraignty 
 of the EngHsh part of the Island of St. Christophers, will so 
 fully and entirely be deKuered up to Vs, upon the Shewing 
 those Orders to the ffrench Lieutenant GeneraU, as that no 
 Difference will arise thereu])on. For which indeed, the 7th 
 Article of the Treaty at Breda is so expresse and cleare, that 
 no place is left for any Difficulty or previous Condition to 
 be m any kind insisted on by the ffrench Yet having upon what 
 has passed betweene Us and Our said Good Brother in this 
 matter found That as to the restitution of the private Right 
 of Propriety and Possession, which Our Subjects had in 
 their Goods and Estates in that Island, before it was taken by 
 the ffrench, and in certaine other particulars, some Differences 
 are like to arise. Wee and Our said good Brother haue agreed, 
 that Commissioners should be constituted on each part for 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 507 
 
 the finall Determining all such Disputes, And this is the 
 Trust Wee haue reposed in you by virtue of Our Commission 
 under Our Greate Seale of England of the Date of these 
 presents, Not doubting of your best Care and Dihgence to 
 acquit your selues of it, with that good Discretion Prudence 
 and Circumspection, that is fitt. 
 
 1. So soone therefore as you shall haue receiued Our said 
 Commission, which wilbe herewith sent you, you are forthwith 
 to giue Notice thereof to the Sieur La Barr, or such other 
 Person, as shalbe found commanding in cheife in tliose 
 Islands for the most Christian King, and with him to adjust 
 a fit time and place for your Meeting with such Persons as 
 shalbe commissionated to treate with you on the part of the 
 French upon this Matter, in order to the Execution of this 
 Commission. 
 
 2. The great Difficulty which Wee can yet foresee will 
 occurre is, that which concernes the Reentry of the Enghsh 
 into such of their Estates as shall haue been actually sold 
 by them to the ffrench, since the taking of the Island, for which 
 Provision is made in the 8th Article of the Treaty of Breda, 
 and which is therefore to be the Rule to determine those 
 Differences by, so farr as that Article it self speakes clearly 
 in the matter, And as to all Moueables that haue been so 
 sold, the Words of the Article are expresse, that they shall 
 not be restored till the price paid for them by the ffrench, 
 be first refunded by the Enghsh, of which therefore no Difii- 
 culty could in any kind be made, As to imoveables as Lands, 
 Houses, Plantations &c. the thing seemed to us at first not 
 so cleare, and Wee were not without some thoughts, that they 
 ought not to be understood to be inicluded in the Word 
 Goods in that Article, But having caused the Matter to be 
 seriously considered, after frequent dehberations Wee found 
 upon the whole, Wee should not be able evidently to evince 
 that the word Bona in the originall of that Treaty did not 
 also signify Immoveables, and therefore it importing much 
 the good of Our Service, aswell as the private Interest of Our 
 
508 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 good Subjects the Proprietors of that Island to haue the 
 Island forthwith and effectiuely restored to Vs, Wee concluded 
 not to insist upon that point too farr, But to make the Case 
 of Lands, Houses, Plantations &c. the same with moveable 
 Goods as to that particular. And so Wee will that you finally 
 governe your selues in the difference that may arise upon it, 
 Agreeing that the Enghsh shall first repay to the ffrench 
 the price which any of them shall haue heretofore actually 
 receiued of them for any part of their Estates within that 
 Island, before they be restored to the possession of such 
 Estate. 
 
 3. And because the French may with reason expect that 
 a certaine Terme or Time be hmitted for the Enghsh to use 
 this Power of resuming their Estates at the Price they 
 receiued for them So as if they do not thinke good within 
 that time to refund to the ffrench what they had so receiued, 
 that then such Goods Lands, Houses or Estate shall for ever 
 remaine to the ffrench, that had so bought them, without 
 being from thenceforth subject to this Power or Right of 
 Resumption, Therefore Wee haue agreed with the ffrench 
 Ambassador here, that the terme to be so fixed shalbe a yeare 
 and a day to be accompted from the time the foresaid Orders 
 of the 16th January last, for the restitution of that part of 
 the Island shalbe presented on our behaK to the Lieutenant 
 GeneraU, or other the French Commander in Cheife in those 
 parts, which although Wee haue continued to declare as Our 
 Minde and Resolution in this point to the ffrench Ambassador 
 here, notwithstanding Wee haue been pressed by him to 
 shorten that terme, Yet Wee leaue it to you upon the place 
 to yeild to a shorter day in case the ffrench be pressing in it. 
 And that you find it may be done without much Inconvenience 
 to Our Subjects in whose favour the thing was at first 
 intended. 
 
 4. As to the point of AmeUorations or Damages in the 
 English Estates during the time they haue been in the ffrench 
 possession. No particular Directions can be well given from 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 509 
 
 hence But the Matter must be left to your owne discretions 
 as the case shall arise upon the place Onely it seemes not 
 reasonable that any Demand of Amelioration shall hinder the 
 immediate Restitution and Re-entry into possession, the 
 price formerly receiued by the English Proprietors being first 
 repaid the ffrench Purchaser, And the Dispute about any 
 such Amelioration be left to the Partys to adjust fairly betweene 
 themselues. In which you are with the Commissioners of the 
 other part to giue your best Help for the bringing each party 
 to Reason in the matter. 
 
 5. Another point Wee fijide the French will insist upon, 
 is the matter of Prisoners and their Enterteynement They 
 demanding Satisfaction for keeping and dieting all the Eng- 
 hsh that were made Prisoners in those parts during the late 
 Warr, To this you are to say. First that the Article of the Treaty 
 at Breda, on which they ground this demand is mutuall, and 
 by the same Reason Wee might demand to be paid for keeping 
 and dieting all the ffrench, that were Our Prisoners during that 
 Warre, But it is plaine Wee haue not so understood that 
 Article, For no ffrench Prisoner freed either by Exchange or 
 upon the generall Release of Prisoners at the making the Peace 
 was ever demanded to pay for his ordinary keeping and Diet 
 but it was wholly allowed him upon our Change, as you will 
 finde certifyed upon this occasion by Our Commissioners 
 appointed for that Service (a Copy whereof Wee haue Ordered 
 shalbe transmitted to you) You shall therefore agree that what- 
 ever shalbe made appeare oweing by any EngUsh Prisoner 
 during such his Imprisonment for better accomodation and 
 better Medicaments then was ordinarily allowed to all that 
 were in that Condition, or for any other Debts whatsoever 
 during his Imprisonment ought and must be duly paid by 
 such Persons, And you shall accordingly offer to contribute 
 all the Helpe you can to finde out the shortest way the Law 
 in that case will allow for the obliging such Person to make 
 speedy satisfaction for such Debt, But for the ordinary keeping 
 and dieting such Person during the time he was their Prisoner, 
 Wee thinke it but reasonable, that should be in'the ffrench 
 
510 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 Account. However if upon Examination you finde the 
 Summe demanded be not considerable, and especially if it 
 appeare, that the firench Prisoners taken in those parts haue 
 been made to pay for their ordinary Keeping and Dieting, in 
 either of these two Cases, Wee would not haue you insist 
 further upon the point, but agree that satisfaction be given 
 for all such Debts. 
 
 These are the Principal! points upon which Wee can expect 
 any considerable Difficulty will fall out, In all which, and in 
 what others may possibly arise, Wee would haue you pro- 
 ceed with all ffairnesse and good Meaning towards the ffrench, 
 It being Our Minde to make an end of this whole Matter 
 with the most Christian King forthwith, and without raising 
 unnecessary Difficultys in these or any other points that 
 may come in question. 
 
 And this is what Wee finde necessary to direct at present 
 in relation to that Commission. 
 
 But forasmuch as the most Christian King (as Wee said 
 before) is obliged by the 7th Article of the Treaty of Breda 
 forthwith to restore to Vs the Soveraignty of the EngUsh 
 part of the Island of St. Christophers, and he having now at 
 last issued the necessary Orders to his Lieutenant Generall 
 in those parts for such Restitution, Wee according to the 
 tenor of that Article haue on Our part issued Our Commission 
 under Our Create Seale of England of the date of these 
 presents giving a sufficient Authority in Our name and on Our 
 behalf to demand and receiue the same from the said most 
 Christian King or his Officers there, Which Wee haue thought 
 good to direct to you or any one of you for the trust Wee 
 haue in your ffidelity and good Discretion to execute the 
 same, and for the Affinity and Connection that matter seemeth 
 to haue with that of the other forementioned Commission. 
 
 You shall therefore upon the Receipt of this Commission 
 which Wee haue directed to be herewith transmitted to you, 
 together with the forenamed Orders of the most Christian King 
 
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 511 
 
 of the 16th of January last for the deUvering of that part 
 of the Island to Vs immediatly giue notice thereof to the Sieur 
 La Barre, or whom else you shall find in the cheife Command 
 of those Islands under the said most Christian King, And having 
 adjusted with him the necessary Circumstances of the said 
 Restitution, some one or more of you shall transport your 
 selues with what convenient speed you may upon the said 
 Island, and there producing to the Cheife Commander your 
 Power under Our Create Scale of England, Demand and 
 receiue by virtue thereof, and in execution of the Treaty of 
 Breda, the full possession of the Soverainty of the said part 
 of that Island, which Wee conclude wilbe immediatly dehuered 
 you, that Kings Orders appearing so peremptory in the matter, 
 Nor does it therefore seeme necessary to Vs to giue you any 
 further Instruction in this matter, saue only that upon dehuery 
 of the fforts &c. into your possession. You do likewise demand 
 Restitution of such Guns and Ordnance as were in them at 
 the time of their being taken, insisting to haue them also 
 restored, especially if it fall out, that the same be now found 
 in the fforts, or otherwise actually remayning within the 
 English part of that Island. [pp. 235-237.] 
 
 [839.] Whitehall, 26 March : 
 
 [Sebastian Crespo complaining that Sir Thomas Mody- Jamaica. 
 ford refuses to give any compliance with the Order of 
 10 November 1665 [666] or satisfaction to the petitioner, 
 and praying] That his Majesty would be pleased to giue 
 Order, That the Petitioner may be paid out of the Estate 
 of Sir Thomas Modyford here the value of the said Ship and 
 Goods being 4700Z., and what other Damages shalbe thought 
 fit in consideration of his great Charges and Losse of Time in 
 prosecution of this Busines, [Charles Modyford Esqr son of 
 the said Sir Thomas is ordered to attend on Wednesday, 
 31 March, at 3 in the afternoon to explain his father's conduct, 
 at which time the petitioner is likewise to attend.] 
 
 Ip. 243. If 2.] 
 
512 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 Barbados. 
 
 New York. 
 
 New York. 
 
 [840.] Whitehall, 26 March : 
 
 [A petition and address of the Eepresentatives of Barbados 
 dated 13 November and a petition of the officers of Sir Tobias 
 Bridge's regiment, were read and referred to the Committee.] 
 
 [p. 244, Tl 4.] 
 
 [841.] Whitehall, 5 April: 
 
 Whereas his RoyaU Highness the Duke of Yorke, Did this 
 day propose to his Majesty in CounciU That he would be 
 pleased to giue Liberty That such of his Majestys Subjects in 
 Scotland as shall be induced to take Conditions as Planters 
 at New Yorke, may be permitted to Transport themselues 
 thither in Vessells from Scotland, and be allowed to make their 
 voyages and returne in a way of Trade, or remaine at New 
 Yorke upon the Account of Fishing Trade, or Transporting the 
 Growth and Manufacture of New Yorke to the Barbadoes, or 
 other his Majestys Plantations in America ; [The Duke is] 
 hereby Authorised and desired to Grant Passes for Two Scotch 
 Shipps, the One Called the of about 500 Tunns, the 
 
 other the of about 250 Tunns, with such Persons 
 
 as shall desire to Plant there, and to Trade betweene the 
 said Places as they shall haue occasion, to Passe from Scot- 
 land to New Yorke, or to remaine at New Yorke upon account 
 of the Fishing Trade, or for Transporting the Growth and 
 Manufactures of that place to any his Majestys Plantations 
 in America without any Lett hindrance or MoUestation, Pro- 
 uided that the said Shipps nor either of them so to be Lycenced, 
 do not by pretence hereof carry the Commodities of the 
 Growth or Manufacture of New Yorke, or of any his Majestys 
 Plantation, to any Place or Territory belonging to any For- 
 raine Prince or state whatsoeuer. [p. 252. ^1.] 
 
 [C.S.P. III. 43.] 
 
 [842.] Whitehall, 14 April : 
 
 The humble Petition of James Cousseau and Frederick 
 Philips, as well in their owne behalf es as of their Familyes Free 
 Denizens of New Yorke, and Albany in America being this 
 
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 513 
 
 day read at the Board, Setting forth, That being Owners, and 
 Masters of the Shipp called Fort of Albany, And belonging to 
 the Port of New Yorke in America, They obtayned a Passe 
 from the Gouernor of New Yorke which was reinforced by another 
 from the Duke of Yorke [for a trading voyage to New York 
 (c/. 800), but that by the restriction imposed by Order of 
 18 November (c/. 812)] the Petitioners with seuerall Familyes 
 which are free Denizens of the said Place of New Yorke and 
 Albany being now in Amsterdam (where the said Shipp is ready 
 to receive her Lading) will be totally ruined unlesse they may be 
 permitted to Shipp themselves and Goods in the said Vessells 
 to their Habitations and Plantations in New Yorke and Albany 
 aforesaid under his Majestys Dominions, there being no other 
 Shipp or Shipps bound for that Place either in the Port of 
 London, or other Ports of England, which if there were yet 
 would be a very great Inconvenience to those severall Familyes ; 
 The Petitioners therefore, And to the end the said Shipp may 
 not be deprived of that Advantage of Trading which other 
 Enghsh Built shipps haue, And forasmuch as they are the 
 first Proprietors of any Shipp which as yet hath belonged to 
 the said Port of New Yorke, Most humbly Prayed that the 
 said Shipp might be permitted to proceed in her intended 
 Voyage ; [the petition is granted] Provided the Petitioners 
 do first giue Security to the Farmers of his Majestys Customes 
 in the Port of London not to Trade from New Yorke of the 
 Growth or Product of that Plantation, to any other Place then 
 England, or his Majestys Plantations in America. 
 
 [V. 262. U 1.] 
 
 [843.] Whitehall, 16 April : 
 
 Vpon reading this day at the Board the humble Petition Barbados. 
 of Nathaniell Kingsland Esqr One behahe of himselfe and 
 Wilham Sandford of Barbados, [a copy of the petition is 
 ordered to be dehvered to Lord Willoughby, who is desired 
 to return his answer in writing to the Board on the 21st 
 instant, when further order will be given] [f. 264. ^1.] 
 
 33 
 
514 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 [This answer having been read on the 23rd, the matter 
 was referred to the Committee.] [p. 273. ^ 2.] 
 
 [On 10 May, Lord Willoughby and Kingsland are ordered 
 to exchange copies of all affidavits and other papers that may 
 conduce to the manifestation of the truth of the whole 
 matter, and on the 12th the case is ordered to be heard on 
 the 19th.] [p. 295. ^ 1.] 
 
 [844.] WhitehaU, 16 April: 
 
 West Indies. [The Council refer to Lord WiUoughby for examination 
 and report the petition] and papers annexed of John 
 Holman Merchant, setting forth, That his Shipp the Herculus 
 with her Lading of Beefe Porke, Pease, and other Comodities, 
 was in her Voyage from New England to Nevis, taken by the 
 Command of Lieutenant General! Henry WiUoughby, And 
 imployed in furnishing another Shipp for his Majestys service 
 whereof Capt. Toms was Commander, vpon Agreement that the 
 Petitioner should receive in value for it Thirteene Thousand 
 Two hundred and Seventy Pound Weight of Muscavado Suger, 
 which the Petitioner was in hopes should haue been 
 imediatly dehvered to him according to the said Agreement, 
 that he might haue taken it Board as part of his Freight, but 
 could not obtaine it, to the Petitioners great Detriment and 
 Losse, And therefore Praying that he may be Allowed after 
 the rate of Twenty five Shilhngs per Cent for his Suger with 
 Interest for the forbearance thereof ever since October 1666, 
 And Satisfaction for his Freight and charge of Attendance. 
 
 [p. 266. H 1.] 
 [845.] Whitehall, 23 April : 
 
 Jamaica. ^ Letter to the Gouernor of Jaimaca. [On considering 
 
 the Order of 10 Nov. 1665 and the letter of 17 Jan. 1666 
 in favour of Sebastian Crespo, with Crespo's further petition, 
 (cf. 839),] Complaying of the Disapointment of his Voyage to 
 Jaimaca in confidence of the Successe of the said Letter and 
 Order ; His Majesty in regard the said Crespo formerly obta5med 
 the said Letter and Order in his fauor. And in Consideration 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 515 
 
 of the Great and earnest instance and Mediation which hath 
 been used by the Conde de Mohna his CathoHque Majestys 
 Ambassador in this Court on the said Crespos behalfe whom 
 his Majesty is Wilhng herein to Gratifj' hath Commanded Us 
 to Signify unto you That it is his pleasure that you Cause to 
 be forthwith paid unto the said Sebastian Crespo or his Order 
 the summe of 13239 peeces of Eight, and 6 RyaUs, And 
 neuerthelesse Wee are to Declare unto you that it is not his 
 Majestys intention that this shall be drawne into consequence 
 for any other Person whatsoeuer to pretend to the like 
 fauour. [p. 272. ^ 1.] 
 
 [846.] Whitehall, 23 April : 
 
 . . Jacob Lucy and Samuell Swinock of London Merchants Jamaica. 
 Setting forth That his Majesty was Graciously pleased by 
 Letters Patents under the Greate Scale of England, bearing 
 date the 3d of Aprill in the 18th yeare of his Majestys Reigne, 
 for the better Advancement of the Plantation of the Island 
 of Jaimaca in America. Did think fitt that the Comodityes of 
 the said Island which should be brought into this Kingdome, 
 should not be burthened here with any Impost or Custome for 
 and during the Tearme of Five yeares from the 18th day of 
 February in the yeare of Our Lord 1663 that the Petitioners 
 did Freight the Shipp Mary and Jane from the Port of London 
 for the said Island of Jaimaca, which said Shipp returned from 
 thence and Arrived at the Port of Plymouth in this Kingdome 
 in or about the 26th day of January 1668 but could not 
 recouer the Port of London whither shee was Consigned by 
 reason of fouU Weather, and Contrary Winds untill about the 
 18th of February following, As Appeared by the Affidauit of 
 Bernard Nicholas Master of the said Shipp which was after 
 the time Limitted by the said Letters Patents was expired, 
 by reason whereof the Farmers of the Customes refuse to 
 permitt the Petitioners to unlade their Goods without Pay- 
 ment of the Customes due for the same. And forasmuch as 
 the said Shipp had in all Probability Arrived in the Port of 
 London before the Expiration of the Aforesaid Limitation 
 
516 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 would winde and weather haue permitted, [directions were 
 given to the Customs Officers and others concerned to allow 
 the Mary and Jane] quietly to unlade her Goods without 
 Paying any Custome for the same According to his Majestys 
 Gracious intention expressed in the said Letters Patents, the 
 lapse of time Notwithstanding. [p. 277. If 1.] 
 
 [847.] WhitehaU, 23 April : 
 French West A Memoriall being this day presented and read at the 
 Company, ^oard of Monsieur Colbert the French Ambassador humbly 
 Declaring that his Majesty would please to giue Order that 
 the Business Concerning Losses Sustayned by the French 
 West India Company, from the EngHsh before the late Warrs, 
 [c/. 770] may be revived and Examined, that Justice may be 
 done therein and an end put thereunto. [It was ordered that 
 that the matter be further considered on the 30th instant, and 
 that Lord Holies then have in readiness and send to the Board] 
 aU such Papers as he hath in his Custody any wayes relating 
 to Losses Sustayned by the Enghsh from the French before 
 the Warr. [p. 277. 1[ 2.] 
 
 [848.] WhitehaU, 5 May : 
 New York, [Upon the Duke of York's proposal to grant trading rights 
 to Scotchmen setthng at New York, he is authorised and 
 desired in the terms of the Order of 5 April (841) to grant 
 passes to the Hope, 350 tons, and the James, 150 tons, 
 both of Leith, to carry Scottish traders and planters to 
 New York, the masters or proprietors of the ships giving] 
 Sufficient Security to the Officers and Farmers of his Majestys 
 Customes here, for the time being. That they will not Trans- 
 port any Comodityes but of the Growth or Manufacture 
 of his Majestys Dominions of England, Scotland, or 
 Ireland. And that they will returne from New Yorke 
 
 *" Memoran- 'or any other his Majestys Plantations in America 
 
 interiiniL *o ^ome of his Majestys Ports of England, And here 
 made™ ^^^^ ^"^^ Customes as shall be due for the Com- 
 ?i'th of June "^"^^^^^^ ^y ^^^^ Imported. And the said Masters 
 1669." are required to Carry in both the said Shipps, at least 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 517 
 
 Foure Hundred Persons his Majestys Subjects of Scotland, 
 the first Voyage to the said Plantation. And it was farther 
 Ordered by his Majesty That the Lords Commissioners of his 
 Majestys Treasury in Scotland be hereby authorised and 
 required to take Care that the said Shipps by this Order, so 
 to Allowed be bona fide Scotch Shipps, Manned with Scotch 
 Men, and Freighted with Goods of the Growth of England, 
 Scotland or Ireland, And that they giue Certificates thereof to 
 the Masters or Owners of the said Shipps, And that no other 
 Shipp but what shall Carry such Certificate from the said 
 Commissioners shall be understood to haue any benefitt of 
 this Order, but shall be Exposed to such penalltyes, and 
 Forfeitures as by Law are required. [p. 282.] 
 
 [849.] WhitehaU, 5 May : 
 
 The humble Petition of Major James Banister late Governor Surinam, 
 of Surynam being this day read at the Board, Setting forth 
 his great Sufferings and losses sustayned by the Dutch upon 
 the Rendition of that Place for no other cause then for 
 Assisting to haue the Articles performed and made good. 
 His Majesty [being graciously pleased to give him the sum of 
 200L, the Commissioners of the Treasury are directed to take 
 care that he receive the same. The Duke of York is also to 
 give] efEectuall Order to the Commander of his Majestys 
 Shipp that shall be Designed for those Parts to giue all 
 posible Assistance to the Petitioner and to such Person and 
 Persons as he shall Imploy, to bring off his Goods, and 
 Effects from Surynam according to the Articles made and 
 Agreed upon at the Rendition of that Place. 
 
 [p. 283. 1|«[f 1 & 2.] 
 
 [850.] Whitehall, 7 May : 
 
 It being this day Represented to his Majesty in Councill New York. 
 from' the Councill of Trade, that under Colour of his Majestys 
 Order [allowing two Scottish ships, manned with Scotch 
 men, to sail to New York], there to Plant, and Trade with 
 his Majestys Plantations. That they the said Councill had 
 
518 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 been Informed, that two Dutch Shipps with like Burthen, 
 manned with Dutch men, and Laden with Dutch Goods were 
 prepared to Sayle from Amsterdam to the said Plantation, 
 [The Council of Trade are ordered to make out their said 
 information, and speedily to report]. [p 290 ]f 4.] 
 
 [851.] Whitehall, 7 May: 
 
 Plantation Richard Fitzgerald, Thomas Christmas and Edward 
 
 Browne, Citizens and Merchants of Waterf ord in Ireland, Setting 
 forth. That haveing lost Six able Shipps during the time of 
 the late Warrs with Holland wherewith they did Traffique 
 to Forraigne parts, and brought in a Considerable Revenue 
 to his Majestys Customes. And to prevent the utter decay 
 of Trade in that City, did about two yeares since buy a Shipp 
 called the Fortune of Waterford, a Dutch Built Fly-boat taken 
 in the Warrs and Adjudged Prize, And humbly Praying Lycence 
 to Trade and Traffique with the said Shipp to Virginia, And 
 aU other his Majestys Plantations in America. [The petition 
 is referred for examination and report to the Right Honour- 
 able Privy Seal, Lord Lieutenant of Ireland, with the Farmers 
 of his Majesty's Customs there.] [p. 291. ^ 2.] 
 
 [On 11 June on the report of the Lord Lieutenant and 
 the Farmers of the Customs, all parties are ordered to be 
 heard on the 16th instant.] [p. 321. T| 1.] 
 
 [On the 16th, the vessel is made a free ship, and the owners' 
 omission, through ignorance, to procure the requisite certificates 
 from the Custom House officers before 1 August 1667, par- 
 doned.] [p. 327. 1[ 1.] 
 
 [852.] Whitehall, 12 May : 
 
 West Indies. [On a report by Sir John Trevor from the Committee con- 
 cerning] the state of the Charybee Islands, And of the desires 
 and Proposalls for the Advantage of the said Charybee Islands 
 made by the Assembly in Barbadoes, and deUverd by the 
 Right Honorable WilUam Lord Willoughby. . His Majesty 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 519 
 
 was Graciously pleased to Order in Councill that the Ensueing 
 Answers may be giuen thereunto. (Vizt) 
 
 For the Island of Barbadoes 
 
 they desire. 
 
 That the Revenue of 4 & J per 
 Cent, may be Changed for some 
 other Revenue of equall value 
 to his Majesty And more Con- 
 venient for the Trade of the 
 Island, which they promise to 
 furnish. 
 
 Answers. 
 
 The Councill of Trade haueing 
 already this Proposall under Con- 
 sideration, his Majesty is pleased 
 they proceed therein, and Report 
 their Opinion thereupon. 
 
 That Care be taken to find a Rule 
 in the Custom House here in 
 England for Distinguishing the 
 Quality of Sugars, to avoid 
 the great trouble which is now 
 giuen to Trade thereby. 
 
 That Liberty be giuen them to 
 Trade to Guiney for Negroes. 
 
 4 A Priviledge to Coyne Money. 
 
 5 That no Patents be Granted for 
 
 Places in the Islands. 
 
 That all Customes for Coales to 
 be Transported from England 
 to Barbados, be taken off, the 
 same is desired for Nevis.* 
 
 Also that they Consider the 2d 
 Proposall and Report what may 
 be fitt to be done thereupon. 
 
 His Majesty doth not think fitt to 
 Infringe his Charter giuen to the 
 Guiney Company, But Declared 
 that Care should be taken that the 
 Islands should be furnished with 
 sufficient Numbers of Negroes for 
 their vse at certaine resonable 
 rates, the planters to take care to 
 pay for them, and not to make 
 Merchandize of them or sell them 
 to other Nations. 
 
 This to be taken into Consideration, 
 And so layd aside at present. 
 
 His Majestic will Consider hereof. 
 
 This Proposall Ordered to be Refered 
 to the Consideration and Report 
 of the Lords Commissioners of 
 the Treasury. 
 
 For Antiga, Mounserat and St. Christophers 
 being New Colonyes to be Planted. 
 
 1 That a free Trade be Granted for 
 a time Limited. 
 
 His Majestic will Consider hereof. 
 
 • This proposal and answer are repeated in a separate entry of the same 
 date on p. 295. 
 
520 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 2 That the 4* per Cent be Respited | ^.^ jj^.^^y^ ^y Consider hereof, 
 for a, time. ] 
 
 3 That they be furnished with some 
 proportion of Armes and Amuni- 
 tion. 
 
 His Majesty was pleased to Declare 
 that when they are in a Condition 
 to use them. Care shall be taken 
 for their supply with Armes and 
 Amunition. 
 
 4 That his Majesty be pleased to- 
 wards the support of the Gouer- 
 nor and Island of Antigua to 
 send 200 Negroes at his Charge, 
 and 100 to Mountserat, the pro- 
 priety of the said Negroes to 
 remayne alwayes in his Majestie. 
 And to be disposed of to the 
 seuerall Gouernors at his 
 Majestys pleasure. 
 
 His Majesty will Consider hereof. 
 
 Transport 
 for Com- 
 missioners 
 to Colonies. 
 
 6 That his Majestie be pleased to 
 Assigne for Security of the Lee- 
 ward Islands, and Transporting 
 his Majestys Subjects now dis- 
 persed in French and Dutch 
 Colonyes, two small sloops of 
 Thirty Tunns a peece. 
 
 His Majesty will Consider hereof. 
 
 [p. 294. 
 
 West Indies. 
 
 [853.] Whitehall, 12 May: 
 
 Whereas by Order of the 23th of Aprill last, his Royall 
 Highness &c was desired to Appoint a 5t Rate Frigat to 
 Carry Liuetenant Colonel WiUiam Willoughby sonne to the 
 Lord Willoughby to Surinam, and the Commissioners to St. 
 Christophers, and then to goe to Carolina upon a Proposall 
 made this day by his Royall Highness, It was accordingly 
 Ordered That instead of a 5t Rate Fregat, His Royall 
 Highness is Authorised and desired to Appoint the Sweepe- 
 Stakes (being one of the 4th Rate) for that service. 
 
 [p. 295. II 2.] 
 
 [854.] Ibid. 
 
 An Account of the Gary bee Islands. 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 521 
 
 Barbados. 
 
 Contaynes about 100000 Acres, the Inhabitants amount Present 
 to 60000 Souls, whereof aboue 40000 Blacks. Divided Governor 
 into 11 Parishes. 6000 Christians is the Standing MiUtia cwopher 
 both Horse and Foote. Divided into Six Regiments of Coddrington. 
 Foot, and Two of Horse, consisting of 800 Horse besides The rest of 
 a Life Guard of 70 : islands^ 
 
 Cheife Towne at St. Michaells hath 4 Forts, Armes sent Majestys 
 
 from England 1500 Musquets and Pikes 40 Peice of Cannon, are^uWect 
 
 and 200 Barrells of Powder, Gouerned by a Governor *? ^^^ ^^"^^ 
 
 •' Governor 
 
 and a Counsell chosen by him. An Assembly called at who places 
 the pleasure of the Gouernour, whose Acts are of forse places the 
 for one yeare to expect his Majestys Confirmation or refusall. ceputyes 
 
 Antigua. 
 Neare the same proportion of Land with Barbados, Present 
 and the next Leeward Possesed by the English, it hath Gouernor is 
 the best Harbours of all the Islands. Inhabitants about wilioughby 
 1700 (whereof 300 Women) besides 700 Negroes, of these 
 1100 Beare Armes and are Trayned. 
 
 Barbuda. 
 Eight Leagues to the Northward from Antigua, Con- Under 
 
 =■ ° & ' Comand 
 
 sists of about 30000 Acres, uninhabited as yet only some of the 
 Thirty Persons put there to keep possesion, proper Gouernor of 
 for Catell Horse and sheepe. -^tegua. 
 
 Montserat. 
 Seauen Leagues Leeward of Antegua. the Soyle fertile Deputy 
 
 Gouernour is 
 
 Consisting of about 14000 Acres. Inhabited by Ireish Collonell 
 for the most part. About 1400 Whites, some 300 ^*^P^^*°°- 
 Blacks. of these 800 beare Armes and are Trayned. 
 
 Nevis. 
 Fourteene Leagues Leeward of Mountsarat. About Deputy 
 12000 Acres, but well Planted, Inhabitants about 2000, CoUonell 
 besides Blacks. A Regiment of 1000 Men Trayned. ^f3i 
 the most unhealthfuU of all the Islands. 
 
522 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 Jamaica. 
 
 St. Christophers. 
 Within one League of Nevis, neare 60000 Acres, to 
 be possessed by the Enghsh in the midle part, the rest 
 by the French. 
 
 Saba. 
 Tenn Leagues from St. Christophers to the Leeward, 
 now Possessed by the ffrench. Consists of about 4000 
 Acres. 
 
 Estatia. 
 Betweene St. Christophers and Saba, Consists of about 
 7000 Acres, taken by the Duth in the last Warr and 
 to be Possessed by them. 
 
 Anguilla. 
 Sixteene Leagues to the Leeward of St. Christophers, 
 Possessed and Inhabited by 300 Enghsh about 6000 
 Acres, so barren scarce worth the Planting. 
 
 Santaluzia, St. Vincent, and Dominico, Three 
 Islands next to Barbados to the Leewards, and 
 Possessed by Indians, but endeavoured to be Possesed 
 by the French. [p. 297. ^ 1.] 
 
 [855.] Whitehall, 14 May : 
 
 [The Council refer to the Committee the] Petition of 
 Thomas Martin of the City of London Merchant. Setting 
 forth That in July 1667 a'Small Pinke called the Hope belonging 
 to the Petitioner and by him sett out from Dublin in Ireland, 
 bound for Jaimaca was seized by a French Man of Warr, called 
 the Fortune, and made Prize Contrary to the 16th and 17th 
 Articles of the Treaty at Breda. [p. 299. ^ 1.] 
 
 [856.] Whitehall, 19 May : 
 
 Barbados. [On a full consideration of Nathaniel Kingsland's complaint 
 
 of hard usage at Surinam by Henry Willoughby, (c/. 783), and 
 after rehearsing Orders of 8 July 1668, 16 and 23 April and 
 10 May 1669, the Council find] that Liuetenant Generall 
 Henry Willoughby, had not Disposed of, or intermedled 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 523 
 
 with the Estate of the said Nathaniell Kingsland, otherwise 
 then according to the Agreement made before the Recap- 
 tion of the CoUony of Surynam, whereby it was Concluded, 
 That all Estates formerly Confiscated to the Dutch, should 
 by Right of Conquest belong to them that retooke it, 
 and should be equally Deuided amongst the Officers and 
 Soldiers, who were to haue no other Pay or reward for their 
 Service. And that the said Petitioners Estate was formerly 
 Confiscated to the Dutch, and at the time of retakeing the said 
 Colony was found in the Actuall Possession of the Dutch ; 
 And that upon the Returne of the Souldiers to Barbados, the 
 Lord WiUoughby had justly Imprisoned the said Kingsland 
 a Short time for presumeing without leaue, or acquainting 
 his Lordship therewith, to Cause a Bell man to be forbidd 
 by pubhque Outcry or Proclamation, that no Person should 
 dare to Buy any of his Negroes brought from Surynam at their 
 Perills, which Caused A mutiny amongst the Souldiers, wherein 
 also the said Kingsland Perished, had he not beene Preserued 
 by being Committed to the Marshalls Custody by the said 
 Lord WiUoughby by the Advice of his Councill, asweU 
 to pacify the Mutiny, as to preserve the said Kings- 
 lands life. And that the said Lord WiUoughby upon the 
 said Kingslands first Complaint made unto him against such 
 who Possessed any of his Negroes, had (according as was 
 fitt and Right) referred him to a due Course of JudiciaU Pro- 
 ceedings in Law, And that since the said Kingslands Petition 
 against the Lord WiUoughby, and the Letter of this Board 
 thereupon the said Lord WiUoughby was ready and wilhng 
 to haue Granted an especiall Court to all the Judges of the 
 Island to heare and Determine the Causes between the said 
 Kingsland and those of the said Island from whom he had 
 Invegled his Negroes, but that he refused to Submitt there- 
 unto, or to haue his Case brought to a Legall Tryall though 
 before aU the Judges of the Country, And hath suffered 
 Judgment by Default to be given against him. At the Suite 
 of such Persons as haue since Sued him in the LegaU Court of 
 Barbados for the same. AU which being taken into due Con- 
 
524 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 sideration. His Majesty was Graciously pleased for the 
 Vindication of the honour and Justice of the said Lord 
 Willoughby, to Declare that he was very weU Satisfyed with 
 the Lord Willoughbyes Proceedings, as also with those of 
 his Sonnes Lieutenant Generall Willoughby in All this Affaire. 
 And that the said Nathaniell Kingsland had Causelesly and 
 vnjustly prosecuted his accusation against the said Lord 
 Willoughby, And It was thereupon Ordered (his Majesty 
 present in Councill) That the Complaint of the said Nathaniel 
 Kingsland be, and is hereby Dismissed from this Board. 
 
 [pp. 303-4.] 
 [857.] Whitehall, 11 June : 
 
 Barbados, [The Council refer to the Commissioners of the Navy the] 
 
 Petition of WiUiam Isles late Commander of the Shipp Baehellor 
 [cf. 700], on the behalf e of himself e and a Hundred and 
 Thirty Poore men who belonged to the said Vessell, Setting 
 forth. That the said Shipp being on a Trading Voyage at the 
 Island of Barbados, was in Anno 1666 Imprested in his 
 Majestys service in the Leeward Islands, by the late Lord 
 Willoughby, in which service shee was Lost, and was the 
 only Hired Vessell that Ingaged in that Expedition, That there 
 is about Three Hundred and Fifty Pounds due to the said 
 Shipps Company for Two Moneths wages in that service, 
 according to Contract with the said Lord Willoughby, besides 
 what is due for the Losse of the said Shipp and Freight And 
 Praying, in regard the said Shipps Company are all very Poore 
 Men, and in great want of their Wages, that they may be 
 releiued therein. [p. 321. Tj 2.] 
 
 [On the report of the Commissioners of the Navy on 
 28 Aug., the Treasury are directed to fix on a proper 
 expedient for paying 310Z. found to be due to Captain Isles 
 and the mariners.] [p. 408. Tj 1.] 
 
 Barbados. 
 
 [858.] Ibid. 
 
 • . Grace Willoughby, Shewing, That her Husband 
 Thomas Willoughby Served Commander of his Majestys Ketch 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 525 
 
 the Portsmouth, And being slaine at Surynam in the West 
 Indies, there was Granted to the Petitioner in reward for 
 Losse of her Husbands life Ninety Pounds, and in Bills for 
 Disbursements Sixty Six Pounds foure shillings 2d. which shee 
 humbly Prayed might be forthwith payd unto her Shee haueing 
 Attended here at Extraordinary Charge for the Dispatch of 
 this Business aboue Fifteene Moneths : [the Duke of York 
 is authorised to have payment made out of the 200,000Z. 
 assigned for the ordinary expense of the Navy for this 
 year.] [p. 322. If 3.] 
 
 [859.J Whitehall, 11 June: 
 
 [The Council refer to the Committee for consideration and Barbados. 
 report] a Letter from Sir Tobias Bridge, Dated from the 
 Barbados the 21th of Aprill 1669 together with the Muster 
 Rolls of the Regiment under his Command, taken the 20th of 
 October 1668 As also an Account of the Receipt of the Duty 
 of 4J per Cent, within the said Island of the Barbados. 
 
 [p. 323. Tl 4.] 
 
 [860.] Whitehall, 28 June : 
 
 . . William Lord Wiloughby of Parham on behaKe of St. 
 
 " "^ Christopher. 
 
 himself e and his Sonne Henry Willoughby Setting forth, That 
 the Petitioner haueing made Discouery of some Combination 
 against him and his said Sonne touching his Management 
 of Affayres in St. Christophers in the West Indies. And 
 Praying that the Cause may be heard whilest the Witnesses 
 on both sides are here in Person. [The matter was ordered 
 to be heard on Wednesday, 7 July], at which time aswell the 
 Lord Willoughby as Sir Peter CoUiton and St. 
 
 Barbe in the Affidavitt annexed to the Petition of the 
 Lord Willoughby named, as also all other Persons Concerned, 
 are to Attend the Board, and to come prepared with their 
 Witnesses in Person, and Counsell Learned if they please. 
 
 [p. 339. H 1.] 
 [C.S.P. III. 80.] 
 
526 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 Barbados. 
 
 [861.] WhitehaU, 28 June : 
 
 West Indies. [The Council refer to the Committee for examination and 
 report John Holman's claim (c/. 843) for the lading of the 
 Hercules, with Lord Willoughby's reply, acknowledging] that 
 the said Provisions were Taken out of the Petitioners Shipp, 
 and that they were valued at the rates in the Petition 
 mentioned whereof there is no part either of the said Debt 
 or Interest yet satisfyed, neither will his Majestys Reuenue 
 in those Parts be able to Discharge the same for many 
 yeares to come That the supply of the Prouisions came at 
 that time very sesonable for his Majestys service without which 
 the Seamen and Souldiers could not haue subsisted. And 
 that the Petitioner might haue sold the same to much more 
 Profitt by way of Merchandize, then was Agreed upon by the 
 Commissioners. [p, 341. ^1.] 
 
 [862.] Ibid. 
 
 . Edward BusheU Thomas Loueday Rouland Hill John 
 Hill, and WiUiam Isles of London Merchants, owners of the 
 Shipp Bachelor, (c/. 857) Setting forth . . . That by 
 Order of the 15th of February 1666 [1667] the Lord 
 Willoughby was Directed to make Satisfaction to the Peti- 
 tioners for the value of the said Shipp and Freight being 
 One Thousand foure hundred and Ten pounds Sterling. But 
 after much Charge and Expence they haue receiued a Positive 
 Answer, that they can expect no Satisfaction out of his 
 Majestys Revenues there, and Praying that either speedy 
 Satisfaction may be made them for their said Losses, or other- 
 wise that they may be permitted to offer some humble 
 Proposalls, wherby the Petitioners may receiue some Satisfac- 
 tion here in England, without Drawing any money from his 
 Majestys Exchequer, but rather Advanceing some thereunto. 
 [The whole case with the petitioners' proposals is referred 
 to the Committee.] [p. 344. ^1.] 
 
 [863.] Whitehall, 7 July : 
 
 Vpon consideration this day had of the Miscarriages in the 
 Attempt to regaine St, Christophers from the ffrench during 
 
 St. 
 Chtiytopher, 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 527 
 
 the late Warr, when Lieutenant Generall Henry Willoughby 
 was Commander in cheif , and Captaine James Carteret had the 
 Command of the Jersey ffregat employed upon that Expedition, 
 It was Ordered by his Majesty in Councill, That Dr. Jenkins 
 Judge of his Majestys High Court of Admiralty and such 
 other CiviUans, as the Right Honourable the Lord Keeper 
 shall thinke fit to appoint, do forthwith attend his Lordship 
 with their Opinions touching the best meanes for examination 
 and Tryall of the said Miscarriages, whether by a Court of 
 Constable and Marshall, the Court of Admiralty, or any other 
 Ways, And that his Lordship do report his Opinion thereupon 
 to his Majesty in Councill with all convenient speed. 
 
 [Tp. 351. U 2.] 
 [On the 9th, the Lord Keeper reports : — ] 
 
 Supposing the Miscarriage about St. Christophers to 
 haue been occasioned by the Discord or iU Conduct of 
 any ofiicers or souldiers belonging to his Majestys Navy 
 then being upon the Sea, and in his Majestys Pay, It is 
 humbly conceiued, That the Enquiry and TryaU of the 
 Offenders is to be before the Lord High Admirall, either 
 in his Court Martiall according to the Articles and Orders 
 of Warr established in Parliament the 13th of his Majestys 
 Reigne Cap. 9th or else in the Ordinary Court of Justice 
 for the Admiralty in Criminall Matters. 
 
 So it is likewise if the Miscarriage has happened by 
 the Mutiny or Disobedience or other ffault of the Laud 
 Officers or Souldiers, while they were upon the Sea They 
 are tryable before the Lord High Admirall, not at a 
 Court Martiall, but in his ordinary Court in Criminalls 
 committed within the Jurisdiction of the Admiralty. 
 
 But if the Miscarriage has happened from anv Discord 
 or ffault of the Officers or Souldiers upon or after their 
 Landing, The Tryall is to be before the Lords Constable 
 and Marshall in their Court of Chivalry secundum Legem 
 Armorum, and the Civill Law. 
 
528 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 [The Lord High Admiral is accordingly] authorized and 
 desired to giue Directions for putting the said Miscarriages 
 into the proper way of Examination, to the end that such as 
 shalbe found guilty of the said Miscarriage may be proceeded 
 against according to their Demerrits. [p. 354. ^1.] 
 
 [864.] Whitehall, 16 July : 
 
 Surinam. ' • ^^^ Thomas Bludworth Knight Sir William Eyder 
 
 Knight, Roger Chappell and others Merchants, Shewing, That in 
 October 1667 they set out the Ship Thomas and WilHam, Robert 
 Bartlet Master with a Cargo of Goods to trade on the Coast 
 of Guinea, there to take in Negros, and to returne for Cadiz 
 in Spaine, in which Voyage she sprang a Leake, insomuch 
 that she was forced to put in at Surinam, where at her Arrivall, 
 the said Master found the same contrary to his Expectation 
 to be in the possession of the Dutch, and being no waies able 
 to proceed any further with his said Ship was necessitated 
 to contract for his Sla.ues to be paid in heading for Caske, 
 and to hire two Dutch Pinkes to carry part thereof to Bar- 
 bados, engaging all the Petitioners Estate at Surinam to returne 
 the said Pinkes, but at their Arrivall at the Barbados, the 
 said Pinkes and their Lading were seized condemned and sold 
 by which meanes the said Master cannot comply with his 
 Engagement at Surinam, and the Petitioners Estate there 
 being to the value of Three Thousand pounds wilbe lost. And 
 therefore humbly Praying, That if the said Two Pinkes and 
 their Lading cannot be deliuered unto them, they may receiue 
 the full Proceed thereof according as they were sold towards 
 the Satisfaction which they must make out of their Estates 
 at Surinam for the said Pinkes and Goods in them, which 
 the Dutch value at Two Thousand pounds, [a copy of the 
 petition is ordered to be forthwith delivered to the Lord 
 Willoughby for consideration and report]. [p. 361. ^j 1.] 
 
 [865.] Whitehall, 27 August : 
 Barbados. Vpon reading this Day at the Boord before his Majestic 
 in CounciU a Relation given in by the Members of the Royall 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 529 
 
 Company concerning the State of their Trade, and the present 
 condition of the said company, It was alleaged amongst 
 other the causes of their Stocks Decay, that the Creditors of 
 the said Company living in Barbados refuse to pay their Debts, 
 and that the inequity of proceedings, and the ill constitution 
 of the Lawes in that Island is soe great, that as those Lawes 
 have already ruyned the said Company so in a little time 
 they wiU infaUibly ruyne the Inhabitants themselues, and 
 therefore prajring his Majesties RoyaU ayde against the 
 oppression which they doe susteine It was therevpon Ordered 
 his Majestic present in Councill, That this cause be heard 
 vpon the Second Councill Day after his Majesties returne 
 from his intended Progresse, And for the more intire Infor- 
 mation, and Scrutiny thereinto Aswell the Members of the 
 said RoyaU Company, as the Right honourable the Lord 
 Willoughby, and also Sir Paul Painter, Mr. Ferdinand Gorges 
 Mr. Henry Batson, Mr. Benjamin Scutt, and Mr. Thomas 
 Knights are then required to give their Attendence at the 
 Boord. [p. 402. ^ 1.] 
 
 [866.] Whitehall, 28 August : 
 
 A letter to the Governor of Virginea. It being this day Virginia. 
 represented vnto his Majestic in Councill by the humble 
 petition of John Jeffries, and Thomas Colclough that They 
 haveing employed one Giles Cale to serve Them as their Factor 
 for Three Yeares in Virginea at a certaine SaUary, and amongst 
 other Covenants made with him the said Cale being obliged 
 in Consideration of the said Sallary to give the Petitioners 
 a true accompt of all their Estate entrusted with him, and to 
 pay vnto Them all that should be their Due. That on the 
 Petitioners side They have constantly paid the said Sallary 
 either to his Wife or such other Person as he hath Ordered to 
 receiue the same. But that he the said Cale having now gotten 
 into a plantation, and being possessed of a considerable Estate 
 belonging vnto the Petitioners, retaineth the same to his 
 owne vse, without any other accompt then open defiance against 
 the Petitioners and rejecting all the fair applications that 
 
 34 
 
530 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669- 
 
 are made vnto him, And therefore the said Petitioners praying 
 the Letters of this Boord to favor the justice of their Cause. 
 [The Governor is authorised and required to summon before 
 him the said Cale, and to oblige him, if the matter is as 
 alleged, to come to a just account with the petitioners. 
 
 [p. 408. 11 3.] 
 [867.] Whitehall, 28 August : 
 
 Newfound- On the petition of Captain Robert Robinson late Comander 
 in seuerall of his Majesties Frigatts and Shipps of Warre this 
 day read at the Board Setting forth that being at Newfound- 
 land in the yeare 1668 he did by virtue of an Act of Parliament 
 and his Instructions seize a small French VesseU with some 
 Goods in her and also some Goods of a Vessell that Escaped 
 for that They Traded contrary to the said Act, which Vessell 
 and Goods amounting to the Value of about Two hundred Pounds 
 were condemned in the Court of Admiralty. That according 
 to the said Act One Third of the proceede thereof belonged to 
 his Majestic, One Third part to the Governor of that place, 
 and the remajoiing third part to the Seizor, That there being 
 noe Governor on the place at that time besides the Petitioner 
 who was also the Seizor he humbly prayes in regard he never 
 had any gratuity from his Majestic for his Service as other 
 Comanders have had, that his Majestic wilbe pleased to 
 bestow on him the said proceede of the said Vessell and Goods. 
 Vpon which his Majestic taking into Consideration the Good 
 Service of the said Petitioner and the honesty wherewith he 
 hath on divers occasions performed what was comitted to his 
 charge [is pleased to grant his request ; whereof all persons 
 concerned are to take notice]. [p- 409. ^ 2.] 
 
 [868.] Ibid. 
 West Indies. [It is Ordered that the petition of Thomas Martin for redress 
 for his ship the Hope, Christopher Tugwell Master, and her 
 lading valued at above 5000/., taken near Hispaniola by the 
 French ship, the Fortune, Guillaume Champagne commander, 
 on 7 September 1667 be lodged with Lord Ariington who is] 
 
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 531 
 
 authorized and required to take pa'ticular Care for the 
 Petitioners redresse at such time as the Cases of this nature 
 shall on either side fall into debate. [p. 411. ^ 3.] 
 
 [869 ] Hampton Court, 15 September : 
 
 Vpon reading this day at the Board the humble Petition Barbados, 
 of Antonio Rodriges Rezio, Abraham Levi Rezio, and other 
 Hebrews made free Denizens by his Majestys Letters Patents 
 and resideing at Barbadoes (together with a Certificate there- 
 unto Annexed) Complayning, That notwithstanding their 
 Denization, divers Persons of the said Island do endeavour 
 to deprive them of the benefitt thereof, and refuse to admitt 
 their Testimony in Courts of Judicature, and expose them to 
 all sorts of injuries in their Trade And praying rehefe therein. 
 [A copy of the petition and certificate is ordered to be 
 delivered to Lord Willoughby] Who calling to his Assistance 
 some of the Cheife Planters, is required to consider of the 
 same and Report . . [p. 415. ^ 3.] 
 
 [870.] Whitehall, 28 September : 
 
 . . Robert Forth Citizen and Merchant of London, Setting Barbados, 
 forth, That the Petitioner hath beene ever Loyall and faithfuU 
 to his Majestie, and upon all opertunityes to the utmost of his 
 power hath demonstrated the same, and hath paid to his 
 Majestie yearly in Custome and Excise to the Value of betweene 
 Three and Fower Thousand Pounds and haveing severall Shipps 
 now bound to the Barbados, humbly Prayeth Lycence to 
 Transport One hundred and fifty Geldings to the said Island : 
 [the petition is granted]. [p. 422. ^f 1.] 
 
 [871.] Ibid. 
 
 [Lord Willoughby of Parham returns his report on the Barbados, 
 case of Thomas Middleton and Edward Chamberlain referred 
 to him on 31 October 1666], which being this day read at the 
 Board, and Conside ing that there is much Matter of Law 
 therein It was [referred to the Solicitor General for an opinion 
 upon the whole matter]. [p. 422. ^ 2.] 
 
532 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 [872.] Whitehall, 28 September: 
 Barbados. [The complaint of the Royal Company regarding their 
 
 debt? in Barbados is fully considered, and] The better to 
 Compell Debtors in the Island of Barbados to satisfy their 
 Creditors their just Debts. And to encourage the Royall 
 Company to proceed in their Trade and Commerce ; His 
 Majestic was Gratiously pleased in Council] to Order .... 
 That from henceforth the Lands as well as the Goods of any 
 Person in his Majestys Island of Barbados, who shall incurre any 
 Debt, shall be lyable to be sould outright by an out Cry, and 
 out of the Product thereof Satisfaction to be made to ihe 
 Creditors, [whereof the Governor] is required to take notice 
 and to Cause the same to Passe into a Law, and to take Care ' 
 that the same be putt in full and due Execution. [p. 424. J 
 
 CHARLES II. VOLUME IX. (Oct. 1669-Ap. 1671.) 
 
 [873.] Whitehall, 1 October : 
 West Indies. [The Council refer to Dr. Jenkins, Judge of the Admiralty, 
 and Matthew Wren, Secretary to the Duke of York, for 
 examination and report a memorial from Monsieur Colbert, 
 the French Ambassador, representing] that he had receiued 
 order from the King his Master to make AppHcation to his 
 Majestie That he would please to take Cognizance of the 
 Violenceys committed by his Majestys Subjects upon the 
 Coasts of the Isle of St. Dominick against the Captain and 
 People of the Equipage of a French Vessell called the Flying 
 Hart of St. Maloes, Suposseing that the pretext vsed for the 
 Condemning the said Captaine, and Confiscating the Shipp 
 is wholy unjustifyable for the Reasons conta3nied in a 
 Memoriall, and seuerall Justificatory Papers this day pre- 
 sented at the Board ; And that his Majestie would be pleased 
 to giue Order that the said Captain and people of his Equipage 
 may be imediatly Sett at Liberty, and safely Conducted into 
 the next French Isle, and the Shipp (if in being) restored, or 
 if not the just rate, and Value of it. [p. 5. ]f 1.] 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 533 
 
 [A report in accordance with this order having been 
 returned on the 27th October, it is ordered that the papers 
 relating to the business be sent to Lord Arlington] And that 
 his Lordship do deliver unto the French Ambassador, the 
 Copy of the said Report herewith sent unto him, for the 
 present as an Answer to his Complaint, and further to 
 Acquaint him That in Order to a fuller Examination of the 
 Whole Matter, his Majesty will Cause his Governor of Jaimaca 
 to Transmitt hither by the first opertunity, all the Process of 
 the Condemnation of the said Shipp, Whereupon such further 
 Satisfaction will be giuen to the said French Ambassador, 
 as shall be thought fitt. [As to the request for the 
 immediate release of the crew, it was further ordered] That Sir 
 Thomas Mudiford . . Transmitt unto this Board by the 
 first conveniency of sending. All the Paper and Proceedings 
 in the Court of Admiralty there, touching the Confiscating and 
 Condemning the said Shipp the Flying Hart of St. Maloes, to 
 the end his Majestie may cause such Answer to be giuen vpon 
 the said French Ambassadors Memoriall as shall be found 
 fitt. [pp. 25-26.J 
 
 [874.] Whitehall, 8 October : 
 
 the Officers of Sir Tobias Bridges Regiment, in behalfe Barbados, 
 of the Regiment, Complayning, That they haveing receiued 
 some Sugars from the Lord Willoughby vpon Accompt in part 
 of their Pay for their service in the Indies, and that the Lord 
 Willoughby doth accompt all the said Sugars to them paid 
 by him at 12s. 6d. per hundred. Notwithstanding as it will 
 Appeare That some of the said Sugars were bought at 10s. 
 per hundred, and at this time may be Bought for 8s. a hundred, 
 yet neverthelesse the Petitioners are content to take it at 
 10s. per Cent And therefore Praying that his Majestie would 
 be Graciously pleased to take this their hard Case into Con- 
 sideration, and that they may not Suffer in a double Measure 
 by 8 Moneths Imprisonment, and by the losse of one Third 
 of their Pay, if taken at 12s. 6d. per hundred, besides 2 yeares 
 
534 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 forbearance and aboue. [The petition was ordered to be showed 
 to Lord Willoughby, who is to return his answer speedily to 
 the Council, when further order will be given therein.] 
 
 [p. 11. H 2.] 
 [On reading Lord Willoughby's answer on 10 November] 
 his Majesty being pleased to expresse his gracious IncUnation, 
 that the said Regiment should not be obliged to receiue the 
 said Sugars aboue the valuation of Tenne shilUngs per Hun- 
 dred, [referred the petition and answer to the Treasury for 
 their opinion as to a fit means for the relief of the peti- 
 tioners], [p. 40. ]f 2.] 
 
 [875.] Whitehall, 29 October : 
 
 Barbados. [Lord Willoughby returns his report on the petition of 
 
 Antonio Rodriges Rezio, Abraham Levi Rezio, Luis Dias, 
 Ishac Perera Continho, Abram Periera, David Baruh Louzada, 
 and other Hebrews referred to him on 15 September] : — 
 
 I haue called to my Assistance some of the Cheife Planters 
 and ... I doe find that your Majestys Hebrew Sub- 
 jects in the Island of Barbados haue not been Expoesd to 
 any other injuryes in their Trade or otherwise, then only 
 such as they conceive redound to them by reason of the non 
 admittance of their Testimony in Courts of Judicature, whereof 
 also during my residence on my Government, I never received 
 any Complaints from them. But I do find it to be true. That 
 the Judges in the Courts of Judicature in Barbados haue ever 
 since your Majestys most happy Restauration refused to 
 admitt of the Testimony of the Hebrewes in such Cases wherein 
 your Majestys Christian Subjects are Parties. For that they 
 are of opinion That by the Law they neither can nor ought 
 to admitt them, since they refuse to sweare upon the holy 
 Gospell which the Law requires to be done in the Adminis- 
 tration of all oaths in Civill Causes depending betweene your 
 Majestys Subjects. Notwithstanding their Testimony is, and 
 hath been admitted in their Courts in all Casses depending 
 betweene Hebrew and Hebrew to which your Majestys Christian 
 Subjects are not Parties. But I doe find That in the times of 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 535 
 
 the late Vsurpation their Testimonyes were there admitted 
 in all Courts, and in all Causes whatsoeuer. And if it shall 
 Appeare to your Majestie That by reason of the Non- 
 admittance of their Testimonys in all Cases they do receive 
 Injury in their Trade (the freedome whereof I doe think 
 to be the interest of that your Island) I humbly Conceive 
 that if your Majestie shall be pleased to Direct your Governor 
 to require his Councill and the Assembly there to prepare 
 and Passe an Act or By-law for the free Admission of their 
 Testimony as is desired, it will be effectuall to that purpose. 
 
 [Orders are accordingly given for the passing of such an Act 
 or Bye-Law,] whereby such Hebrewes as shall from time to 
 time be naturalhzed by his Majestie and reside in the said 
 Island of Barbados, shall and may be freely Admitted to 
 giue their Testimony in the Courts of Judicature there, in 
 such Manner and forme as the Rehgion of the said Hebrews 
 wiU permitt, and such as the Governor for the time being 
 his Councill, and the Assembly shall allow off ; And hkewise 
 to enjoy the full benefitt of their NaturaUzation according 
 to the tennor and purport of his Majestys Letters Patents. 
 
 [p. 28. H 1.] 
 
 [876.] Whitehall, 29 October: 
 
 [The Commissioners for Trade report that 265?. original Barbados 
 debt is very justly due to John Holman (c/. 861), and 
 recommend its payment], humbly Submitting it to his Majestys 
 further Consideration, what satisfaction his Majestie will 
 please to Direct for the Damages and other Prejudices which 
 the Petitioner hath Sustayned by reason of his sesonable 
 supply of his Majestys Occasions in a time of great difficulty. 
 The Treasury is ordered to take care for the payment of the 
 said sum] and also to cause such Satisfaction to be made 
 to him for his Damages as their Lordships shall think fitt. 
 
 iTp. 28. H 2.] 
 
 [877.] Whitehall, 24 November : 
 
 [The Sohcitor General, Sir Heneage Finch, reports as to Barbados 
 the case Middleton v. Chamberlain in Barbados : — ] 
 
536 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 1. That in point of Law, Constant Silvester the Trustee 
 of Middleton had a cleare Title to the Inheritance of an 
 Hundred Acres devised to James by purchase from 
 Elizabeth Rehct of Robert Greene. 
 
 2. That however he ought not to haue been impleaded 
 during the Life of Ehzabeth but had unquestionable 
 Right to hold the same during her Life, in which two 
 points most of the Lawyers who were advised with upon 
 the case, agreed. 
 
 3. That Chamberlain as Guardian to George Greene 
 the Infant did against the true Right in Law recover 
 against Silvester by Verdict and Judgement. 
 
 4. That yet the Errors assigned by Silvester were 
 onely in forme, and not sufficient to reverse that Judge- 
 ment. 
 
 5. Silvester brought a new Ejectment, and the Defen- 
 dant Chamberlain as Guardian to the Infant George 
 Greene prayed the Plea might stay till his full Age, In 
 which Case and Action, Age was graunted but against 
 Law, as I conceiue. 
 
 6. New Errors assigned by Silvester, but not heard. 
 And I conceiue they were only Errors in forme, and ought 
 not to weigh, if they had been heard, it being impossible 
 that the Pleadings and Entryes at Barbados should be 
 so exact in forme, as the Pleadings in Westminster Hall. 
 
 7. Vpon the whole matter, the true Right being in 
 Silvester, as Trustee for Middleton, I conceiue a new 
 Ejectment ought to be brought, and no Age allowed to 
 the Infant, but that his Guardians should defend it at 
 their periU upon the Merits of the Title. 
 
 Which Report being this day read at the Boord, together 
 with a Petition of the said Thomas Middleton, Praying to be 
 restored, and put into the peaceable possession of the Land in 
 question, which hath been so long wrongfully deteyned from 
 him. And that Charge might be given to the Judges in the 
 
1669.] ACTS Ol' THE PRIVlf COUNCIL (COLONIAL). 537 
 
 said Island of Barbados, to do him Right according to Law : 
 [the report was approved and ordered to be communicated 
 by Lord Willoughby] to the Judges of the said Island, with 
 this Signification of his Majestys Pleasure, That in any new 
 Ejectment to be brought by the said Mr. Middleton or his 
 Trustee in this case, in any of the Courts there, they proceed 
 therein, according to the said Report of Mr. Solhcitor, to the 
 end his Majesty may receiue no further Complaints therein. 
 
 [p. 49. t 2.] 
 
 [878.] Whitehall, 8 December : 
 
 [The Council refer to the determination of the Treasury Barbados, 
 the proposal and] Petition of Col. John Strode Setting forth 
 that Whereas Mr. Robert Spencer, Sir Charles Wheeler, and 
 others have offered to giue Seaven Thousand Pounds per 
 annum for his Majesties Revenue of Four and halfe per Cent, 
 in the Island of Barbados onely. And whereas some others 
 have offered to give Seaven Thousand Five hundred Pounds 
 for the Same together with the Four and haKe per Cent of 
 the Island of Mevis and the other Leeward Islands, he humbly 
 offereth to his Majestie Six hundred Pounds per annum for 
 his Majesties said Revenue in the said Leeward Islands, and 
 sayes thereby his Majesties Revenue wilbe advanced One 
 hundred Pounds per annum. [p. 67. ^ 3.] 
 
 [879.] Whitehall, 15 December : 
 
 The petition of Captaine Robert Robinson this day read Newfound 
 at the Boord setting forth that having been lately at his *" ' 
 Majesties Plantation of Newfound Land he inspected the 
 condition of that Sohtary Place, and findes it wilbe of impor- 
 tance to his Majestie to fix some Governor there for the 
 Security of those Ports from the Surprize and invasion of 
 an Ennemy, and for the Comfort and Regulation of the 
 Inhabitants, And praying that if his Majestie in consideration 
 of the Proposalls in the Paper to the said Petition annexed 
 think it fitt to send a Governor to that Plantation, that the 
 Petitioner in recompence of his former Services might have 
 
538 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 the benefitt and honor of that Imployment for soe long a 
 time as his Majestie should judge convenient, [is referred 
 to the Committee, meeting on 18 January with] Mr. Gould 
 and such other Merchants of London as are well knowing in 
 the Affaires of that Plantation, as the Agents of the Seuerall 
 Corporations of Plymouth Dartmouth, Barnestaple, South- 
 ampton Weymouth and Melcombe Regis, Fowey, East Lowo 
 and Lyme, or such of Them as will appeare, or any others 
 concerned in the Trade of Newfoundland, Who are hereby 
 required then to give their Attendance ; And vpon hearing 
 what shalbe said on all sides they are soe to state the nature 
 of this concerne to the Boord, as if They finde occasion to 
 alter the present constitution of that place Their Lordshipps 
 are then to prepare and offer such ProposaUs, as may most 
 conduce to his Majesties Service, and the PubUque good of 
 all that are concerned therein. [p. 75. ][ 2.] 
 
 [880.] Whitehall, 22 December : 
 
 Barbados. [The Council grant the petition of Morgan Lewis merchant, 
 
 to be allowed to transport 100 horses for the necessary use 
 of the planters in Barbados, where he has Uved for the most 
 part of twenty years, and whither he is now returning.] 
 
 [p. 82. H 2.] 
 
 [881.] Ibid. 
 Barbados. [On a representation from the Treasury as to the offers of 
 
 7000Z. per annum for the farm of the 4^% duty in Barbados 
 by Robert Spencer, Sir Charles Wheeler, George Marsh, and 
 Edward Cranfield, and of 600?. for that of the other Caribbee 
 Islands by Colonel John Strode, it is ordered] that forasmuch 
 as the persons first mentioned, have not onely made the fairest 
 offer but did much contribute to the reputation, and increase 
 of the said Farme of Barbados, That therefore the Lords 
 Commissioners of the Treasury doe forthwith proceede to the 
 perfecting a contract with Them for the space of Seaven 
 Yeares vpon the Termes aforesaid, Yet so as They cause a 
 Proviso to be inserted in the said Contract reserving a Power 
 
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL), 539 
 
 to his Majestie to reassume the said Farme vpon just warning 
 and consideration given into his owne hands, not for the 
 Liberty or intent of making over the said Farme vnto any 
 others, But for his Majesties better accomodation, in case the 
 Inhabitants of the said Island shall desire to have the said 
 Duty of Four and halfe per Cent commuted for some other 
 Duty of more convenience to themselues and advantage to 
 his Majestie but for what concernes the rest of the said 
 Islands, their Lordshipps are to respitt the disposall of the 
 said Duty in Farme vntill such time as by Informations from 
 Sir Tobias Bridges or others the true Value of the said Duties 
 may be knowne which are supposed to be worth more then 
 what at present is offered. And whereas his Majestie was 
 pleased at the same time to declare and Order that all the 
 Revenue which shall arise by the Farmes of those Islands shall 
 be particularly applyed first to the Support of the Mihtia 
 remaining there, and the satisfaction of their Arreares, and 
 next to the Satisfaction of all such Persons who have in those 
 Parts susteined Losses of Shipps and Goods employed in his 
 Majesties Service in the late Warre, The said Lords Com- 
 missioners are hereby directed to send for the Right honour- 
 able the Lord Willoughby, and by his help to State all the 
 just Debts and demands as well of One Sort as of the Other, 
 That soe upon representation of the Same in CounciU his 
 Majestie may give finall Order for their Discharge by the 
 meanes aforementioned. [Particular attention is to be 
 paid to the case of Captain William Isles commander of the 
 ship Bachelor.] [P- 84. ^ 1.] 
 
 [882.] Whitehall, 22 December : 
 
 [The Council refer to the Treasury for examination and West Indies, 
 report the petition of Wilham Earl of KinnouU, rehearsing 
 the grant of the Caribbee Islands to the Earl of Carlisle], who 
 by a conveyance setled the same for the Payment of his 
 Debts, and the remainder is by descent or other good con- 
 veyance come vnto the Petitioner, and he of Right ought to 
 
540 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669. 
 
 enjoy the same. But there haveing been Some Questions 
 stirred before this Boord concerning the Same Graunts, and 
 by occasion thereof a Lease for Seaven Yeares of the Premisses 
 made to Francis Lord Willoughby, and an Order to pay vnto 
 the Petitioner Five hundred Pounds per Annum dureing the 
 said Lease, and afterwards to settle One Thousand Pounds 
 per annum vpon him and his Heires for Ever ; In consideration 
 whereof the Petitioner should surrender the Graunts ; vpon 
 which Order nothing has been done, either as to the surrend- 
 ring of the Grants by the Petitioner, or as to his Payment 
 and Satisfaction, Yet hath the Estate by Color thereof for 
 above these Eight yeare past been detained from him, to his 
 vtter ruyne vnlesse his Majesties Grace and favor releive Him, 
 And praying that his Majestic will please (since it is conceiued 
 fitter for his Majesties Service to reassume the said Islands 
 into his owne hands, then to suffer the Petitioner to enjoy 
 the benefitt of the said Grants) to give Order that Some speedy 
 and effectuall course may be taken for satisfjang the Petitioner 
 the Arreares of the said Five hundred Pounds dureing the 
 said Lord Willoughbyes Lease amounting to Three Thousand 
 Five hundred Pounds, and to settle One Thousand Pounds 
 per annum in England vpon the Petitioner and his Heires 
 from henceforth, vpon which the Petitioner is ready and wilUng 
 to Surrender the said Patents, and all his Interest therein. 
 
 \V. 85.] 
 
 [883.] Whitehall, 23 December : 
 Hudson's Vpon the humble petition of Charles Bailly prisonner in 
 
 the Tower of London this day read at the Boord Setting 
 forth, that after neere six yeares Imprisonment in the Tower 
 aforesaid, he was about Five moneths Since Discharged by 
 his Majesties gracious Order, conditionally that he should 
 render himseKe Prisoner to the present Leiutenant of the 
 Tower when he came out of France, from whence he returned 
 about Six Weekes Since and accordingly yeilded himselfe 
 Prisoner to the Tower Where he now remaines, and having 
 demeaned himselfe during the time of his enlargment noe 
 
 Bay, 
 
1669-70.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 541 
 
 waies prejudicial! to his Majesties Government or Dignity 
 and would to the vtmost promote the one and quietly and 
 peaceably live vnder the other were his Majestic pleased to 
 grant him his Liberty. It is Ordered his Majestic present in 
 Councill that in case the said Charles Bailly will betake himsclfe 
 to the Navigation of Hudsons Bay, and the Places lately 
 Discovered and to be Discovered in those parts, which Sir 
 John Robinson Leiutenant of the Tower hath vndertaken he 
 shall doe, Provided the Adventurers in the said Navigation 
 will assure vnto him the said Charles Bayly such conditions 
 and Allowances as may be agreeable to reason and the nature 
 of his Employment the Petitioner is therevpon to be sett 
 at hberty. \V- 86. ^ 2.J 
 
 [884.] Whitehall, 12 January : 
 
 [The letter and papers sent by Sir Tobias Bridges from Barbados. 
 Barbados are referred to the Commissioners of the Treasury 
 for consideration and report.] [f. 100. *[[ 5.] 
 
 [885.] Whitehall, 26 January : 
 
 Robert Bendish, John Clements, Andrew Orgill, Edward Plantation 
 Flemming and others. Owners of the Shipp, King David, and 
 her Ladeing. Setting forth, That the said Shipp being Fower 
 Hundred Tons was Freighted by the Petitioners with seuerall 
 Manufactures of this Kingdome, and other Commodityes to 
 RocheU, from thence to New-Found-Land, where shee Laded 
 seuerall Sorts of Prouisions, as Masts, Plancks, and Victuall, 
 and sayled from thence with her said Prouisions towards 
 her Designed Port of Tangier ; That being vpon her said 
 Voyage to Tangier shee was Mett with off Cape St. Vincent 
 by the Argier Pirats, and there after Three days resistance 
 Boarded by Seventy Moores which they killed and Drowned, 
 after mett with Five Pirats more, when they were forced to 
 Surrender, but some dayes after were retaken by Captaine 
 Kempthorne ; but he meeting with Six Piratts more, was 
 forced to leaue the Petitioners Shipp, after which shee was 
 retaken by the Turkes, and then retaken againe by Sir 
 
542 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 Thomas Allen, who sent her into Malaga, and hath giuen 
 order to Sell the said Shipp with her Lading ; And Praying 
 in regard the said Shipp hath so well Defended her selfe The 
 Master Edward Clements being made a Slave, And that the 
 Mariners are stiU on Board her, both Shipp and Lading may 
 be Restored to the Petitioners or their Order, by Sir Thomas 
 Allen and his Agents ; . . . the Duke of Yorke . . . 
 IS desired and Authorised to favour the Petitioners what he 
 may in order to the Restitution of their said Shipp and 
 Ladeing, and to giue such Directions therein as to his Royall 
 Highness shall seeme fitt and just. [p. 110. ]| 1.] 
 
 [886] Whitehall, 26 January : 
 
 French West [The Council grant the] Petition of Peter Barr Merchant .... 
 
 Companv. Setting forth That he is employed as a Factor for the French 
 West India Company in seueraU Businesses Depending at this 
 Board concerning the said Company wherein there is Matter 
 of Law which he is not able of himseKe to Manage, And 
 therefore Praying, That Sir Walter Walker Knight Doctor 
 of Lawes may be permitted to be his Councill, and to Appeare 
 at the Board for his Assistance in the Prosecuting the said 
 Busines. [p. HI- H 3.] 
 
 [SS7.] Ibid. 
 West Indies. [Thomas Martin setting forth the unlawful capture of the 
 Hope by the French in November 1667] notwithstanding he the 
 said French Captaine was advised of the Peace, shee being 
 taken farr beyond the Cape St. Vincent, and Eighteene 
 Degrees on this side the Equinoctiall Line, and Seventeene 
 dayes after the time Limitted for Peace betweene his Majestie 
 and the French King in that Latitude, Contrary to the 16th 
 and 17th Articles of the Treaty of Breda the said Master and 
 his Men Suffering in the meane time to a great Extremity for 
 want of Victualls and other neeessarys for the Sustenance 
 of life. Who were afterwards sent by Sir Thomas Mudyford 
 Gouernor of Jamaica to the Tertudos a French Island, (where 
 the Petitioners said VesseU had been Carried by the said 
 
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 543 
 
 Capt. Champaine) in hope of receiuing Satisfaction for the 
 losse of the same. And upon Demand made thereof by the 
 said Christopher Tugwell, the said Vessell was redehuered unto 
 him much Pillaged, and Damaged, with a very small part of 
 her Goods, which paid not the Charge of Refitting her to Sea ; 
 And at her returne hither Oath was made by the Mate, and 
 others belonging to the said VesseU, in the High Court of 
 Admiralty, That the losse and Dammages sustayned, was 
 to the Value of Six Thousand Foure Hundred Sixty Fiue 
 Pounds sterling besides returnes. The said Captain Cham- 
 paine haueing confesed the Capture of the said Shipp, [Lord 
 Arlington is directed to treat with the French Ambassador 
 to procure satisfaction to the petitioner for his losses]. 
 
 [p. 112. If 3.] 
 [888.] Whitehall, 26 January: 
 
 [The Council refer to the Committee for examination and Maine. 
 report the] Petition of Ferdinando Gorges Esqr Setting forth. 
 That the Petitioner is Grandson and Heire of Sir Ferdinando 
 Gorges Knight Who in his hfetime had a Grant to him and 
 his Heires from his late Majestic King Charles the first (of 
 Blessed Memory) of the Province of Maine in New England, 
 Who by virtue thereof was in quiet possession of the said 
 Province till afterwards for his Loyalty to his Majestie he 
 was Disposessed thereof, By the Gouernor of the Bay of 
 Boston and then dyed, after whose death the said Province 
 discended to the Petitioners his next Heire, who was likewise 
 possessed thereof, Notwithstanding which the said Gouernors 
 of the Bay of Boston haue by force of Armes taken Possession 
 of the said Province, and ejected the Petitioners Officers. 
 And pra3dng to be restored to the Gouernment, and quiet 
 Possession of the said Province. [p. 113. ^ 2.] 
 
 [C.S.P. III. 150.1.] 
 
 [On 27 April Mr. Gorges having asked that a day may be 
 fixed upon for the consideration of his petition by the 
 Committee, it is appointed to be heard on 3 May at three in 
 the afternoon, when Mr. Gorges, Col. Richard Nicolls, Captain 
 
544 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 Robert Needham, Mr. Nathaniel PhiUpps, Captain Littlebury, 
 Mr. John Archdale and Richard Bowles (Mr. Gorges' witnesses) 
 are to be present.] [p. 158. ^ 1.1 
 
 [On 11 May the Committee find Mr. Gorges' allegations 
 true, but it appearing to be a matter of importance it is 
 referred by the Board to the Committee for Foreign Affairs, 
 and the papers relating thereto are dehvered to Lord 
 Arlington.] [p. 179. ^ 2.] 
 
 [CS.P. III. 184.] 
 
 [889.] Whitehall, 4 February : 
 
 Newfound- [The Council allow of and confirm the Committee's report 
 land. ^ 
 
 on the reference of 15 December as to the placing of a Governor 
 
 in Newfoundland], That they ... do not thinke fitt 
 
 to Recommend the Petition and Proposalls of the said Captaine 
 
 Robinson to his Majestic for a Gouemor there, but for the 
 
 keeping the People now hueing in that Island in Christianity. 
 
 Their Lordships humbly Proposed that his Majestie would be 
 
 pleased to send a Chaplaine on the Convoy shipp now goeing 
 
 thither. And to giue the Captaine some such farther to 
 
 regulate Abuses there, as his Majestie shall think fitt, with 
 
 reference still vnto the Letters Patents Granted by the late 
 
 King of Blessed Memory, and since Confirmed by his Majesty 
 
 unto the Majors of the seueraU Westeme Ports, for the 
 
 Regulation of the Fishing Trade of Newfound Land. 
 
 [p. 121. H 2.] 
 
 [890.] Whitehall, 9 February : 
 
 Barbados. [With regard to Colonel Strode's former offer of 6001. per 
 
 annum for the farm of the 4 J per cent, duty ta the Leeward 
 Islands other than Barbados], it being now the time of the 
 yeare to employ Shipping to those parts, which otherwise 
 this Recalto wiU be lost, [it is referred to the Treasury to 
 perfect the contract with the petitioner as shall seem fit 
 and best for his Majesty's service], [p. 124. f 3.] 
 
1670.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 545 
 
 [891. J WhitehaU, 25 February : 
 
 [On the representation of the Treasury] That they haue Newfound- 
 receiued fresh Complaints from the Major and Corporation 
 of the Towne of Plymouth in the County of Devon, That 
 notwithstanding the aforesaid Lawes and Letter of this 
 Board, [of 4 December 1663] the seuerall abuses aforesaid 
 are still continued and Augmented by divers Owners and 
 Masters of Shipps belonging to Topsham Biddiford, Members 
 to the Port of Exeter and Barnstable, And at this present 
 many Hundreds of Seamen are preparing for that Voyage in 
 Shipps Victualled with Prousions brought from Ireland, by 
 meanes whereof the Seamen will be Carryed away without 
 so much as the Expence of English Prouision, and many 
 Shipps lye by the Wall for want of Men, contrary to the 
 good intent of the aforesaid Lawes, the Letter of this Board, 
 and the many and serious Reasons induceing the same. All 
 which haueing been duely Considered at this Board, together 
 with the evill Consequences, which will be occasioned thereby, 
 [The orders of the letters of 4 December 1663 are re-enforced. 
 The officers of the Customs, especially the Patent Officers of 
 the ports of Exeter and Barnstaple and their members are to 
 report to the Board the names of offending shipmasters and 
 to make stay of their vessels in the mean time.] [p. 138. ^ 2.] 
 
 [892.] Whitehall, 6 July : 
 
 A Letter to Sir William Berkeley [John Parvacks com- Virginia, 
 plains that in spite of orders for satisfaction to be made by 
 Edmond Scarborough to his father Daniel Farvacks (now 
 deceased) Scarborough refuses to comply with his Majesty's 
 commands]. Which being taken into Consideration, Wee do 
 by his Majestys Command signify unto you his expresse 
 Will and Pleasure, And accordingly Wee do hereby pray and 
 require you, that you use your best Endeavours, that the 
 Petitioner may haue speedy Justice done unto him, and in 
 order thereunto, that you forthwith cause the said Edmond 
 Scarborough to appeare before you, and not suffer him to 
 
 35 
 
546 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 depart out of your Government untiU he hath either paid the 
 said Debt, or given sufficient Security to satisfy the same if 
 upon a tryaU at Law it shalbe found due And of your Pro- 
 ceedings herein to giue an Account to this Boord. 
 
 [p. 215. ^ 3.] 
 [893.] WhitehaU, 13 July : 
 Maryland. . . Thomas Gookin by his humble Petitjion this day read 
 
 at the Boord Setting forth, That . . Mr. Calvert is now in 
 England, and hath had notice of the Order [of 1 July 1668 
 as to the seizure of the Hopewell (cf. 782)], but hath not yet 
 given him any Satisfaction for the said Wrong, And there- 
 fore Prajring, That a short time may be appointed for the 
 said Governor to attend this Boord to giue an Accoimt of his 
 Proceedings in this Busines. [It is ordered that Mr. Calvert 
 receive a copy of the petition and return his answer on the 
 29th instant when the case will be heard.] [p. 218. ^ 1.] 
 
 [894.] WhitehaU, 15 July : 
 
 Newfound- [The Owners of the Ship King David petitioning that in 
 consideration of the valiant defence of the said ship, order 
 may be given] That the Moors being about ffifty in number 
 on board the said Ship upon the retaking thereof by Sir 
 Thomas Allen might be sold, and' the proceed of them employed 
 towards the Redemption of Mr. Edward Clements Master, 
 and Jeremiah Armiger Supracargo and twenty ffour Mariners 
 made Slaues by the said Pirates, which wilbe an encouragement 
 to Seamen in generall and a great Releife to the Poor men, 
 who not being able to redeeme themselues, must otherwise 
 remaine in Slavery Vpon consideration whereof, his Majesty 
 was pleased to Declare, That the Proceed of all Turkes and 
 Moors, which are, or shalbe taken by any of his Majestys 
 Ships of Warr, and haue or shalbe sold, be employed towards 
 the Redemption of such of his Subjects as are Slaues at 
 Argeirs, &c And . . the Duke of Yorke [is] desired to 
 signify this his Majestys Pleasure to the Commanders in cheife 
 of his Majestys ffleetes in the Streights or elswhere, and to 
 
1670.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 547 
 
 giue Directions, that the Persons abouenamed be the first 
 redeemed out of such Monies, And for the future such as haue 
 made the best and gallantest Defence before they fell into 
 the Enemies Hands haue preference in redemption out of 
 the said Monies before any others. [p. 222. Tj L] 
 
 [895.] Whitehall, 29 July : 
 
 The humble Petition of seuerall Officers of his Majestys West Indies. 
 Regiment under the Command of Sir Tobias Bridge in the 
 West Indies employed to soUicite their Concernes, being this 
 day read at the Boord, Setting forth. That since the raysing 
 and sending that Regiment to the West Indies (where his 
 Majesty Ordered them also to be paid) his Majesty hath been 
 pleased to appoint the said Sir Tobias Bridge to receiue the 
 Moyety of the Revenue of 4 & | per Cent, towards their Pay 
 And in December last, the other Moyety falhng to his Majesty, 
 the Lords Commissioners of the Treasury were directed to 
 let to ffarme the intire 4 & ^ per Cent, which was first to be 
 applyed to the Pay of the said Regiment and then other 
 Debts, Which Contract being perfected, and (as the Petitioners 
 are informed) that Revenue made payable to his Majestys 
 Exchequer at Westminster, but no Provision yet made for 
 the Petitioners Releife and Support out of the same They 
 therefore most humbly prayed That his Majesty would be 
 graciously pleased to giue effectuall and timely Order, That 
 before the said Revenue of 4 & J per Cent be taken from them, 
 they may pursuant to an Order of the 22th of December last 
 receiue their Arreares to enable them to pay their Debts 
 contracted in the said Islands, And if they are longer to be 
 continued, that they may haue an Establishment and setled 
 Pay as all other his Majestys fforces haue, [The Treasury are] 
 authorized and required to giue directions for continuing and 
 setUng the same Allowance unto the said Regiment for their 
 Pay untill further Order out of the said Duty of 4 & J per 
 Cent either in money or in kind which their Lordships shall 
 judge best, as the said Regiment receiued, before letting the 
 said Revenue to ffarme.' [p. 234. ^1.] 
 
548 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 [896.] Whitehall, 12 August : 
 
 Maryland. [On hearing counsel for both parties in the case of the seizure 
 
 of the Hopewell in Maryland] for that it did not appeare to 
 the Boord that the Condemnation and Sale of the said Shipp 
 by the officers of Justice in that Province was illegall, but 
 on the Contrary that the said officers proceeded in that affaire 
 according to law, and for that Mr. Gookin did not make it 
 appeare that Mr. Calvert Licenced the said Vessell to Trade 
 in Mary Land as he alleaged Notwithstanding the act for 
 encouragment of Trade, [the petition of Mr. Gookin is dis- 
 missed] His Majestic declaring withaU that in this and all 
 such cases the Third part due to his Majestic by law be asserted, 
 and reserved for his Majesties vse. [f. 246. 1| 2.] 
 
 [On the 15th, on Gookin's petition] in consideration he had 
 bought this Shipp with ready money from his Majestic, 
 and as some ease to the charge time, and Journies he had 
 taken to prosecute his supposed Right, that his Majestic would 
 Vouchsafe to bestow his said Third Part vpon him. [His 
 Majestic was graciously pleased to grant the request, and notice 
 is given to Lord Baltimore accordingly.] {p. 259.] 
 
 [897.] Whitehall, 19 August : 
 
 Dela%¥are. It being this day represented by his Royall Highnes to 
 
 his Majestic in Councell that the Right Honourable the Lord 
 Baltimore did pretend a Right and title to Some Parts of 
 Delaware Bay and River by virtue of Letters Patents granted 
 to his Lordship for the Province of Maryland, which Parts, 
 and likewise the whole Bay and River were reduc't by force 
 of Armes under his Majesties obedience from the Dutch, and 
 Still remaine in the Possession and to the charge of his Royall 
 Highnes. It was this day Ordered . . that the difference 
 be determined before his Majestic in Councill shortly after 
 Michaelmas next, and that such Papers as concerne the 
 claime of his Royall HighneS be lodged with the Clerk of the 
 Councell in Waiting vntill the day of hearing when the bounds 
 pn either side shalbe assigned and set out, and the Lor(J 
 
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 549 
 
 Baltimore is also to bring in his claime before his Majestie in 
 Councill at the time which shalbe appointed. In the meane 
 time it is ordered that his Royall Highnes shall remaine in 
 quiet and full possession of Delaware Bay and River and 
 all other places whatsoever acquired from the Dutch West 
 India Company or Burgomasters of Amsterdam in those his 
 Majesties Territories, And hereof all persons concerned are 
 to take notice, and to give obedience accordingly. 
 
 [p. 268. Tf 2.] 
 [898.] Whitehall, 20 August : 
 
 Vpon the humble petition of Thomas Martine of London West indies, 
 merchant complaining of Seuerall great Violences done him 
 in the West Indies by the French, and first Setting forth [the 
 case of the Hope (cf. 856, 868, 887)] which case hath been 
 Stated in the Admiralty and reported to his Majestie in 
 Councell, and order Issued for his reparation, but as yet 
 without releif. The Petitioner also Setteth forth that in the 
 Moneth of March last past, he having one Other Shipp called 
 the Hope Thomas Blackman Comander which had beeh for 
 Two Yeares Trading into the West Indies, and being bound 
 from Virginea to Barbados missed his Island and wanting 
 Water to keepe the Men alive put into Martineco not doubt- 
 ing of that releif in a time of peace betweene the Two 
 Crownes, But the French Governor Monsieur de Basse 
 presently made seizure of the Goods and Shipp confiscating 
 all, and putting the Captaine into Prison where he is still 
 detained That the pretence for this violence is on the 
 Allegation that one Captain Rakes a Privatier of Jamaica 
 had Seized a French Sloope bound for the mayne and carried 
 her to Nevis, Where a Complaint followed him to the Governor 
 of this Island from the Generall of St. Christophers, the said 
 Rakes was for Two Moneths imprisoned but noe other proofe 
 or prosecution being brought against him, And he on the 
 contrary making it appeare that the said Sloope was on the 
 Spanish Accompt and manned wholly with Spaniards, and 
 had a Passport from one of the French GeneraUs to secure 
 
550 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 her voyage to the mayne, he was set at Hberty by the Governor 
 of Nevis and so remained till the said Seizure of Captain 
 Blackman, who sending one to the said Governor of Nevis 
 to set forth the condition he was in and the pretence thereof, 
 which was also accompanied with a letter from the French 
 Generalls to the same effect, the said Governor did the Second 
 time imprison the said Rakes And returned Answer that a 
 more effectuall tryall of this person should either he sent 
 to the Governor of Jamaica from whom he had his Commis- 
 sion, or to Monserratt where the Court of Admiralty being 
 Establisht he might be prosecuted according to Law, And 
 in Order herevnto the said Rakes was immediatly Sent vnto 
 Monserrat, But the French Generall rejecting this faire and 
 Regular Method of Justice violently declared that he would 
 immediatly take the Reparation he thought fitt from the 
 said Blackman that was now in his hands, and if any body 
 were agrived thereat They might goe to Paris and Complaine, 
 That the truth of this relation is here verified by the 
 Deposition of seuerall Witnesses of Creditt in his Majesties 
 high Court of Admiralty and anaaexed to the Petitioners 
 complaint. He further setteth forth that having laden a 
 ship called the Merchants Adventure burthen 400 Tunns with 
 61 horses from Ireland, and being Distressed for Want of 
 Water for the said Horses, They put into Guardaloop a ffrench 
 Island to fill water, but the Rigour and Cruelty of the 
 Governor and People there was such as that the said Shipp 
 was refused a Httle water whereby more than halfe the Said 
 Horses perished, which vsage although the Petitioner doth 
 not ranck among the Violencies and injustice vsed against 
 him in the preceeding complaints, yet he presumes to lay it 
 open that his Majestie may take notice how his Subjects 
 are vsed by those who pretend to be in ffriendshipp and 
 Allyance with him, And therefore vpon the whole praying 
 his Majesties protection and releife. 
 
 His Majestie was pleased to declare a very great sense of 
 the petitioners losses and suff rings, and seeing the proof es 
 
1670.] ACTS OF THP] PRIVY COUNCIL (COLONIAL). 551 
 
 of his complaint are soe cleere as to have passed already 
 through the High Court of Admiralty, [Lord Arhngton is 
 ordered to expose the petitioner's case to the French Ambas- 
 sador residing here, and endeavour to procure for him 
 speedy and effectual reparation]. [p. 272.] 
 
 [899.] Whitehall, 20 August : 
 
 Vpon reading the Petition of woohgang Howser Atturney Jamaica, 
 of Henry Howser and James ZeUar his Majesties Chaplaines 
 at Jamaica, Setting forth that his Majestie out of his Princely 
 and Christian care for the Good of his subjects in Jamaica by 
 his Privy Seale vnto Thomas Povey Esqr Did make Pro- 
 vission of a Maintenance for severall chaplaines which were 
 to reside there, to be chosen by the Lord Bishopp of London, 
 That the said Howser and Zellar were accordingly elected and 
 by agreement were to have One hundred pounds apiece per 
 annum to be paid haKe yearely, which allowance they have 
 enjoyed euer since the yeare 1663, but now there is a stop 
 made thereof by the refusaU of the Lords Commissioners of 
 the Treasury who make deficulty to allow the same, And 
 for that they have performed their Duties and had noe notice 
 given Them it was his Majesties pleasure to withdraw the 
 same. They humbly pray his Majesties order for the payment 
 of what is already due with a declaration of his Majesties 
 future pleasure concerning Them, And it being at the same 
 time represented to his Majestie that the Lord Bishopp of 
 London would pay the haKe yeares Sallary that is now in 
 arreare. [The matter was referred to the Council lately 
 estabHshed for foreign plantations to find a way for their 
 future payment, and to report.] [p. 275. Tj 1.] 
 
 [On 7 December the same, or a similar petition is similarly 
 referred.] [p. 340. ^ 3.] 
 
 [C.S.P. III. 353.] 
 
 [900.] Ibid. 
 
 [Captain Isles of the Bachelor having yet received no rehef Barbados, 
 petitions] that his Majestie would direct the Lords Commis- 
 sioners of the Treasury to Order and passe a Privy Seale for 
 
552 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 the whole Debt, To pay the 310Z. Due to the Petitioner and 
 his Company out of the 1500Z. advanced by the Farmers of 
 the Customes at Barbados for their present Supply and releife, 
 and to cause the other 310L to be registred and paid out of 
 the Rents of the Four and halfe per Cent of that Island as 
 it shall grow Due from the ffarmers thereof. His Majestie 
 being present in Councell and taking the Petitioners alle- 
 gations, and long attendence into his Serious Consideration, 
 and wel knowing that it is already directed the Regiment of 
 Soldiers at Barbados are in the first place to be satisfied out 
 of the Revenue there, [orders that the payment of the money 
 due to the petitioner be satisfied out of the said farm next 
 and immediately after the pay of the Barbados regiment]. 
 
 \.V- 276. II L] 
 [901.] Whitehall, 23 September : 
 
 West Indies. . . John Miller and Company, Owners of the Shipp the St. 
 George of London, Henry Wasey Master, and Sir Paul Painter 
 Knight and Company of Merchants Owners of the Lading of the 
 said Shipp, Setting forth, That about the 10th of June last the 
 said Shipp being in her Course for London from the Barbadoes 
 was seized and Plundred by a Shipp called the St. John of 
 Amsterdam, and afterwards Caryed into the Isle of Caracao 
 in the West Indies belonging to the Holland West India Com- 
 pany, where shee is deteyned, notwithstanding the said Masters 
 Sollicitation for her Release. And praying releife' therein 
 [It is ordered that Sir John Trevor, confer with the Dutch 
 Ambassador as to reparation to be made ; and that Sir William 
 Temple do write effectually to Monsieur de Witt concerning 
 the same.] [p. 293. T| 1.] 
 
 [902.] Whitehall, 19 October : 
 Surinam. It was this day ordered by his Majestie in Councill, That 
 
 Samuel Pepys Esq. one of the Principall Officers of his 
 Majestys Navy, do conferre with Mr. Williamson touching 
 the Shipps that are to be sent to Surinam to fetch off his 
 Majestys Subjects there. And that he then attend his Royall 
 
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 553 
 
 Highness the Duke of Yorke, etc., to give him an account 
 thereof. [p. 299. ^ 2.] 
 
 [903.] Whitehall, 21 October : 
 
 His Majestie being this day Informed in Councill by Letters Transporta- 
 from Virginia of the great danger and disrepute is brought (>^hials. 
 vpon that his Majestys Plantation by the frequent sending 
 thither of ffellons and other Condemned Persons, for pre- 
 vention whereof the Court there haue made an Order Pro- 
 hibiting the Importation of any such People after the 20th 
 of January next. And desireing his Majestys gracious Con- 
 firmation of their said Order. It was thought fitt and accord- 
 ingly Ordered by his Majestie in Councill That from and after 
 the Date hereof no Fellons or other Condemned Persons shall 
 be sent or Transported from hence to his Majestys said Coloney 
 of Virginia, but that they be sent to any other of his Majestys 
 Plantations in America ; And hereof aswell the Judges of his 
 Majestys Courts of King bench. Common Pleas, Barons of the 
 Exchequer, as also all Sheriffs, Officers, and Farmers of his 
 Majestys Customs, and all other his Majestys Officers and 
 Ministers whom it may Concerne are required to take notice, 
 and yeild due obedience herevnto accordingly. 
 
 [p. 302. 11 2.] 
 
 [904.] Ibid. 
 
 [The case between the Duke of York and Lord Baltimore Delaware. 
 " Concerning certain Lands in the West Indies "is ordered to 
 be heard on the 28th, when Lord Baltimore is to " bring 
 with him his Letters Patents by which he Claymes his 
 Propriety to Maryland."] [p. 304. ^j 2.] 
 
 [905.] Whitehall, 4 November : 
 
 [Sir William Temple having written to Monsieur De Witt West Indies. 
 on behalf of the owners of the St. George of London as ordered 
 on September 23, he] receiued in answer a Memoriall, that 
 the Spanish Ambassador there had delivered to the States of 
 Holland, complayning of the deteyning of the said Ship 
 
554 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670. 
 
 St. George from the Spanish Captaine that tooke her, Vpon 
 which Memoriall and the said Petitioners Complaint the States 
 of Holland haue sent directions to their Ambassadors here, 
 that they with the Spanish Ambassadors now Ukewise residing 
 here, and such Persons as his Majesty shall appoint to adjust 
 the matter in difference touching the said Ship, And there- 
 fore the Petitioners most humbly Praying, That his Majesty 
 would be pleased to appoint such Persons as he shall thinte 
 fit to heare and determine the said Busines, [the petitioners 
 are ordered to attend] Lord ArUngton, and Sir John Trevor 
 . with a true State of their Case, who receiving from Sir 
 Wilham Temple an Account of his Negotiation in this Affair, 
 are hereby desired to conferre with the Spanish and Dutch 
 Ambassadors [and endeavour to secure just reparation to the 
 petitioners, and report to the Board]. [p. 317. Tj 1.] 
 
 [906.] Whitehall, 4 November : 
 
 West Indies. . . John Worsam and Company Owners of the Ship Peach 
 tree of Barbados, James Taylor Master, and John Buckworth 
 and Company Merchants and Owners of the Lading of the 
 said Ship, Setting forth, that the said Ship being laden with 
 Sugar and other Comoditys of the growth of the Barbados 
 was in her Voyage from that Island towards London on the 
 10th of June last met with by a Ship called the St. John of 
 Amsterdam, Capt. Christopher Linch Comander who being 
 manned with Spaniards and Hollanders, as also one Capt. 
 John Denovaheel, did forceably seize upon the Petitioners 
 said Ship Peach-tree and her Lading, plundred the Master 
 and all his Company in a barbarous manner being then in 
 the latitude of 20 Degrees and 40 Minutes, and afterwards 
 carried her to the Island of Carasao in the West Indies where 
 the said Master James Taylor complayning to WiUiam Beekes 
 the then Governor of the Holland West India Company of 
 the unjust seizure of the said Ship and Lading he commanded 
 her to be brought into the Harbour, but coming in they ran 
 her wilfully upon the Rocks, where both Ship and Goods 
 
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 555 
 
 were lost to the Damage of the Petitioners 5000?. notwith- 
 standing at first, she might haue been preserved with her 
 Lading if the said Governor, upon the said Masters apphcation 
 to him, would haue permitted it, whereupon the said Master 
 did earnestly and often solHcite the said Governor for Satis- 
 faction, but could receiue no other Answer, then that he must 
 go into Holland, there to take his Course at Law for it, Where- 
 fore the Petitioners most humbly Praying, That his Majesty 
 would be graciously pleased to cause his Letters to be written 
 to the States of the Vnited Provinces, that the value of the 
 said Ship and Goods might be restored to them, there being 
 no Cause at aU for their Seizure, [The petitioners were referred 
 to the Secretaries of State in the same terms as in the pre- 
 ceding case of the St. George]. [p. 317. 1| 2.] 
 
 [907.] Whitehall, 14 December : 
 
 [Sir T. Bridge's letter of 19th Oct. from Barbados, with Barbados, 
 the papers enclosed concerning the customs and duty of the 
 island and a bundle of muster rolls, is to be transmitted to 
 the Commissioners of the Treasury.] [p. 343. ^ 2.] 
 
 [908.] Whitehall, 23 December : 
 
 [Upon representation by Thomas Martin of his losses West Indies, 
 through Monsieur de Baas, Governor for the French West India 
 Company in Martinique and Guadeloupe, the Commissioners 
 of the Navy are directed to suspend payment to the Company 
 of the 2438Z. 10s. Id. ordered on the 16th (see 764)], vntiU the 
 petitioner doe receiue the satisfaction that shall appeare to 
 be justly due to him for his losses as aforesaid, or vntiU 
 farther Order from this Boord. [p. 351. ^ 1.] 
 
 [On 10 February this order is cancelled, and Martin's claims 
 referred to Lord ArUngton for examination and report.] 
 
 [p. 378. Tf 2.] 
 
 [909.] Ibid. 
 
 Vpon reading the humble petition of the merchants Newfound- 
 owners, and masters of Shipps, and Inhabitants of the ^^'^• 
 Westerne Parts of this Kingdome adventuring to the Newfound 
 
556 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670-1. 
 
 Land in fishing Voyages, praying his Majestie that the said 
 fishery be maintained by fishing Shipps according to its ancient 
 Customes, That Incroachments there vpon may be removed, 
 and that the Mayors Mentioned in their Patent may be 
 impowered to authorize, and depute from time to time persons 
 to execute the Lawes, and Constitutions for the fishery 
 according to the intent of the same, as by the said petition 
 is more at large set forth. [The case is ordered to be heard 
 on 4 January, and all parties concerned are to have timely 
 notice, to attend]. [p. 352. ^ 4.] 
 
 [C.S.P. III. 362. iii.] 
 [910.] Whitehall, 23 December : 
 Barbados. [Robert Ramsey's letter from Barbados of 19 October with 
 
 five bundle of muster rolls is transmitted to the Commis- 
 sioners of the Treasury.] [p. 353. ^ 3.] 
 
 [911.] Whitehall, II January : 
 Newfound- [The petition regarding the Newfoundland fisheries and all 
 papers relating thereto, are referred to the Council for Plan- 
 tations], to Consider of the best wayes and meanes whereby 
 the Fishing Trade in New-found-Land may be Regulated, and 
 Advanced, And also protected and secured from fEorraigners, 
 and how the said Trade may be mannaged for the encrease 
 of Seamen, and the advantage of his Majestie and his Sub- 
 jects ; As likewise to take into their Consideration his 
 Majesties Charter, and the additionall powers desired by the 
 Western Traders thither, and to Report . within 14 
 
 dayes after the Date hereof, in regard of the approach of the 
 season for sending the Shipps thither. And for their better 
 Information, It was farther Ordered, That all persons con- 
 cerned, as also Mr. Gould, the Merchants and others who gave 
 their attendance this day, as likewise Captain White, and 
 Capt. Terwhit who came lately thence, do from time to time 
 (vpon notice given) attend the said Councill of Plantations 
 as occasion shall require, the better to enable them to make 
 their Report within the time hereby Umitted. [p. 360. ^1.] 
 
 [C.S.P. III. 385 & 362. iii.] 
 
 land. 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 557 
 
 [912.] Whitehall, 15 February : 
 
 [On reading Lord Arlington's report as to Mr. Martin's case, West indies, 
 the whole matter is referred to the Judge of the Admiralty], 
 who is to Consider thereof, and particularly of the 16th Article 
 of the Treaty at Breda, and to [report on the 17th J what is 
 fitt for his Majestie to doe there vpon for the Petitioners releife 
 and satisfaction. And that he then likewise returne to the 
 Board the Papers and Report herewith transmitted vnto him. 
 
 [p. 379. II 1.] 
 
 [913.] Whitehall, 3 March : 
 
 It was this day Ordered by his Majesty in Councill That Tobago, 
 the Right Honorable the Lord Chamberlain of his Majestys 
 Household, the Earle of Bridgewater, Earle of Anglesey, 
 Earle of Lauderdail, the Lord Arlington and Mr. Secretary 
 Trevor be, and they are hereby appointed a Committee of 
 this Boord to treate with the Agent from the Duke of Cur- 
 land, and to receiue his Proposalls. [p. 388. ^ 4.] 
 
 [914.] Ibid. 
 
 Whereas Thomas Martyn [has applied to] the ffrench vvest Indies. 
 Ambassador for Reparation . . but without effect the said 
 Ambassador replying, he is to seeke his Remedy in ffrance, 
 upon which the said Mr. Martin desired Letters of Reprizall, 
 which his Majesty upon hearing the Judge of the Admiralty 
 upon the Case, did not thinke fit to graunt, yet being very 
 sensible of the Losses and Injurys he the said Martin hath 
 susteyned and the Reparation he ought to receiue. Hath 
 thought fit to Order, [that Lord Arlington] represent unto the 
 ffrench Ambassador how frequent a practise it hath been with 
 his Majesty in favour of the ffrench Subjects to dehver them 
 from the Vexations and Expence of Law, when their Ships 
 and Goods haue been detejmed to referr the Examination of 
 their cases to one single Person, and upon his Report presently 
 to Order the restitution of all. And that therefore by an 
 equall rule of flavour, especially in a case so tender and 
 important, as this of th^ Petitioner, that his Majesty doe^ 
 
558 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 hope, the Ambassador will thinke it convenient to perswade 
 and presse the King his Master to command a like favourable 
 and summary Proceeding now at Paris, That the Petitioner 
 may haue speedy Justice, and that the Evidences he hath 
 been able to produce in the Court of Admiralty here, may 
 also there take place. And for the Petitioners better Successe 
 in this method of Proceeding, His Lordship is also to prepare 
 a Letter for his Majestys Royall Signature, directing his 
 Ambassador in France to soUicite earnestly for a good and 
 speedy Issue in this Concerne. [p. 389. ][ 1.] 
 
 [915.] Whitehall, 10 March : 
 
 Newfound- [The Council of Plantations, on examination of aU parties 
 land. concerned in the Newfoundland fisheries and consideration of 
 
 the best means of regulating the fishing trade, in accordance 
 with the reference of 11 January, submit the following rules 
 as an addition to the former charter for the government of 
 the fisheries. The Council approve thereof and the Attorney 
 General is directed to prepare a bill confirming the charter 
 with these additions] : — 
 
 1. That aU the Subjects of his Majestys Kingdome 
 of England shall and may for ever hereafter peaceably 
 hold and enjoy the ffreedome of taking Bayte and ffishing 
 in any of the Rivers, Lakes, Creekes, Harbours, or Roades 
 in or about Newfoundland, or in any of the Islands adjoyn- 
 ing thereto, with Liberty to go on shoare in any part of 
 the Newfoundland, or the said Islands for the curing, 
 salting, drying, and husbanding of their ffish, and making 
 of Oyle, and for the cutting of all manner of Wood and 
 Trees for the building or making of Stages, Roomes 
 Trayne fiats. Hurdles, Ships, Boates, and other neces- 
 sarys for themselues and their Servants, Seamen and 
 fiishermen, and all things which may be usefuU or 
 advantageous to their ffishing Trade, as fully and freely, 
 as at any time heretofore hath been used or enjoyed 
 there by any of the Subjects of his Majesty or of his 
 
1671.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 559 
 
 Royall Predecessors, Provided alwaies that they submit 
 unto and observe all such Rules and Orders, as now are or 
 hereafter shalbe estabhshed by his Majesty his Heires or 
 Successors for the Government of the said ffishery in 
 Newfoundland. 
 
 2. That no Alien or Stranger be permitted to take Bayte 
 or Fish in any of the Rivers, Lakes Creeks, Harbours, 
 or Roades in Newfoundland betweene Cape Race, and 
 Cape Bona Vista or in any of the Islands thereunto 
 adjoyning. 
 
 3. That according to the Estabhshment of his Majestys 
 RoyaU ffather of Blessed memory in the 13th yeare of 
 his Reigne No Planter or Inhabitant in or upon the said 
 Newfoundland be permitted to fell, cut downe, roote up, 
 wast, burne or destroy any Wood or Timber Trees, or 
 erect or make any Houses, Buildings^ Gardens &c 
 or inhabite or plant within Six Miles of the Sea Shoare, or 
 in any part of the said Newfoundland, betweene the 
 Cape de Race, lying in or about 46 degrees of North 
 Latitude, and the Cape Bona Vista lying in or about 
 49| degrees Hkewise of North Latitude, nor upon any Island 
 within Ten Leagues of the Shoar betweene the said 
 Capes. 
 
 4. That no Planter or Inhabitant in Newfoundland do 
 take up, or possesse any of the Stages, Cooke Roomes 
 &c Beaches or Places for taking Bayte or ffishing, before 
 the Arrivall of the ffishermen out of England, And that 
 they be all provided. 
 
 5. That the Clause in his Majestys Charter of Confir- 
 mation of the Rules and Orders for regulating of the 
 Newfoundland ffishery bearing date the 26th of January 
 in the 12th yeare of his Majestys Reigne concerning the 
 Transportation of Men thither may be altered and enlarged 
 in manner following. That is to say. That no Master or 
 Owner of any ffishing Ship do transport or carry any 
 Seamen, ffishermen, or other Persons in his Ship to 
 
560 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 Newfoundland, other then such as are truly belonging 
 to his or other Ships Company, and such as are engaged 
 in the Voyage and share or shares or Hire of the said 
 Ship. 
 
 6. That no Master or Owner of any ffishing Ship do 
 transport or carry in any one Ship for a ffishing Voyage 
 more then Sixty Persons to One Hundred Tons Burthen 
 of the said Ship, and so proportionably for all Ships 
 of a greater or lesser Burthen. 
 
 7. That it be strictly provided for, and commanded, 
 that every ffifth Man yearly carried out of England be 
 a Greene Man, That is to say, not a Seamen. 
 
 8. That the Masters and Owners of all ffishing Ships 
 trading out of England to Newfoundland, be enjoyned 
 (according to the number of Men in their respectiue ships) 
 to provide in England, Victualls and other Necessarys, 
 (Salt only excepted) for the whole Voyage or ffishing 
 Season for themselues and Companys, and to put the same 
 on shipboard, before their going out of Port here. 
 
 9. That it be likewise strictly commanded. That no 
 ffishing Ship or Company do depart out of England 
 directly for Newfoundland, on any ffishing Voyage in any 
 yeare, before the first day of March, nor to the Isles of 
 Cape de Verde, intending from thence to Newfoundland, 
 before the 15th day of January ^ 
 
 10. That from hence forward all Masters of ffishing 
 Ships trading to Newfoundland shall yearly before the 
 beginning of their Voyage give Bond in his Majestys Name 
 to the Mayors for the time being of the Ports of 
 Southampton, Poole, Weymouth, Melcombe Regis, Lyme, 
 Exeter, Dartmouth, Plymouth, East lowe, ffowey, fial- 
 mouth, Biddiford, Barnstable and Bristoll, and all other 
 Ports and Townes upon the Coast of England respectively 
 according to the Port or Place from whence they shall 
 set out, under the penalty of One Hundred pounds, with 
 
1671.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 561 
 
 Condition that they shall not carry out any Seamen, ffisher- 
 men, or other Persons, other then such as are truly 
 belonging to his or their, or other Ships Company and 
 such as are engaged in the Voyage, and Share or Shares, 
 or Hire of the said Ship or Ships respectively ; And that 
 they shall bring or cause to be brought back into Eng- 
 land all such Seamen, ffishermen, or other Persons, as 
 they shall carry out, (Mortahty and the Danger of the 
 Seas excepted) and also such Persons as shalbe employed 
 from the Newfoundland, in EngUsh Ships with ffish for 
 Market voyages. Provided neverthelesse, that if any 
 of the said Seamen, ffishermen &c shall run away or 
 desert their Ships, the Master or Masters of such Ship 
 or Ships, paying such Persons Share or Shares, or Hire 
 to the Mayor of the Place from whence the said Ship 
 set out, shalbe discharged of his or their Bond or Bonds 
 respectiuely. Or if no Complajmt shalbe made against 
 the said Masters within three Moneths after their Returne 
 from the said Voyage, then his and their Bonds to be 
 delivered up unto them respectiuely. 
 
 11. That no Master of any ffishing Ship or others do 
 take up or use any Stage already built, in any Port, 
 Harbour, or Bay betweene Cape Race and Cope Bona 
 Vista, with a lesse number of Men, then Twenty ffive, 
 who are to be of one intire Company. 
 
 12. That no ffisherman or Seaman carried out as afore- 
 said, be suffered to remaine in Newfoundland in the 
 Winter, after the ffishing Voyage or Season is ended. 
 
 13. That the Admiralls, Vice Admiralls, and Rere 
 Admiralls of and in every Port and Harbour in 
 Newfoundland for the time being be authorized and 
 required to preserue Peace and good Government among 
 the Seamen and ffishermen, in their respectiue Harbours, 
 aswell as on the Shoare, To see his Majestys Rules and 
 Orders concerning the regulation of the ffishery duly put 
 
 36 
 
562 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 in Execution, and to cause all Offenders to be appre- 
 hended, that they may be punished according to their 
 demerits. 
 
 14. That the AdmiraUs, Vice Admiralls and Rere 
 Admiralls in their respectiue Harbours Bays &c may 
 according to ancient Custome be empowred to appre- 
 hend and secure aU offenders for any Crime committed 
 in Newfoundland, on Shoar, or at Sea, and to bring them 
 into England. 
 
 15. That the seuerall Admiralls in their respectiue 
 Harbours and Bayes in Newfoundland do on or about the 
 20th day of September yearly pubHsh in their said 
 Harbours and upon the Shoare his Majestys Orders and 
 Commands forbidding aU Seamen or ffishermen to stay 
 or remaine in or upon the said Newfoundland, after the 
 last day of October. 
 
 16. And that the said AdmiraUs do yearly keepe Jour- 
 naUs of their Proceedings there, and at their Returne into 
 England deliver Copies of them, with an Account of the 
 number of Ships, Boates, Stages, Trayne ffats Sec And 
 of the Seamen and ffishermen belonging to and employed 
 in their respectiue Harbours unto his Majestys Councill 
 for fforraigne Plantations. 
 
 17. That the seuerall Recorders or their Deputys, and 
 the Justices of Peace for the time being of the respectiue 
 Townes, Ports and Places before named, and one neigh- 
 bouring Justice of Peace for the same County, may be 
 joyned in Commission with the Mayors of the said Townes 
 Ports and Places respectively, and any two or more of 
 them be empowered, to take cognizance of all Complaints 
 made of any Offenders against the Lawes, Rules and 
 Orders estabhshed by his Majesty for regulating the 
 Newfoundland ffishery, and to heare and determine the 
 same, according as is provided and directed to the 
 respective Mayors alone by his Majestys said Charter of 
 Confirmation. 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 563 
 
 18. That reasonable ffines Penaltys and fforfeitures 
 may be imposed upon all Masters and Owners of Ships, 
 Seamen, ffishermen, and other Persons employed in or 
 about the ffishery in Newfoundland, as shall offend in 
 breaking his Majestys Rules and Orders established for 
 the said ffishery, And that all such ffines Penaltys and 
 fforfeitures, relating to the ffishing Trade may be appor- 
 tioned out, One third part of them to the use of his 
 Majesty One third part to the use of the Poor of the place, 
 where such offence shalbe prosecuted. And the other 
 Third part to the Informer that shall prosecute the same, 
 Or otherwise in such manner, and to such uses, as his 
 Majesty shall thinke fit. 
 [Order is also given to the Attorney General to report 
 upon a further recommendation of the Council for Planta- 
 tions], That the Clause in his Majestys said Charter of 
 Confirmation, which concerneth the Powers of the Earle 
 Marshall in the punishing of ffelonies, Murthers, &c com- 
 mitted in Newfoundland may be reveiwed, there being at present 
 no such Office or Court, And in lieu thereof, if his Majesty shall 
 thinke fit. That a certaine way of Judicature may be estabUshed 
 for the hearing and determining of Treasons, ffelonies, and 
 Murthers, and all Criminall Matters committed or done in 
 Newfoundland, on the Shoar, or at Sea, according to Law 
 and Equity, and for the awarding of Execution thereupon, 
 as the Cause shall require. [pp- 392-394.] 
 
 [C.S.P. III. 385 & 362 v.] 
 
 [916.] Whitehall, 10 March : 
 
 [On the recommendation of the Council for Plantations, the Newfound- 
 Duke of York is authorised] to giue Order and Command 
 to all Captaines of Convoyes yearly appointed by his Majesty 
 for securing the ffishery Trade there, and to every of them, 
 from time to time, as it shall or may respectively concerne 
 them, carefully to pursue and obserue these Orders and Rules 
 following, as they tender his Majestys Displeasure and will 
 answer the contrary, vizt. 
 
564 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671, 
 
 1. That the Captaines of the Convoyes yearly appointed 
 by his Majesty for securing the ffishery in Newfoundland 
 be strictly enjoyned by their Instructions from the Lord 
 High Admirall, That they do not take into their Ships, 
 or transport into Newfoundland any Seamen or other 
 Persons, except such as do truly belong to their owne 
 respectiue Ships. 
 
 2. That they be ayding and assisting unto the Admiralls, 
 Vice-Admiralls, and Here Admiralls of the respectiue 
 Ports and Harbours in Newfoundland from time to time 
 as need shall require in preserving of Peace and good 
 Government amongst the ffishermen and Seamen there, 
 and in apprehending of Offenders. 
 
 3. That they ply from Port to Port there, and do not 
 go into any Port or Harbour except in case of Necessity, 
 or for Security. 
 
 4. That they do not fish themselues, or suffer any of 
 the Ships Company to take cure salt or dry any ffish in 
 or about Newfoundland. 
 
 5. That they take an Account of the Names, Scituations, 
 and distances of the seuerall Ports, Harbours, Bayes and 
 Islands in and about Newfoundland betweene Cape Race 
 and Cape Bona vista. 
 
 6. That they take an Account of the number of Stages, 
 Roomes, Trayne ffats, Boates Ships and Men used and 
 employed in the respectiue Ports, Harbours and Bayes 
 there, about the fiishing every Voyage or Season. 
 
 7. That they take a particular Account Ukewise of the 
 number of Houses, Planters and Inhabitants belonging 
 to Newfoundland, and setled in the respectiue Creekes, 
 Ports and Harbours there betweene Cape Race, and Cape 
 Bona Vista, as also of their Ships and Boates, and what 
 Inhabitants Hve, and what Improuements are made within 
 the Land by vertue of the Graunts or Patents to the 
 Lords Proprietors. 
 
1671.J ACTS OF THE PRI^-Y COUNCIL (COLONIAL). 565 
 
 8. That they do not take into their Ships any sort of 
 f&sh either by way of Merchandize ffreight, or otherwise, 
 except what shalbe for their owne use or spending. 
 
 9. That at their Retmnes into England, they deliver 
 Copies of their Jotumalls and Observations upon the 
 fishery unto the Lord High Admirall of England. 
 
 [p. 394. "T 1.] 
 [917.] Whitehal, 10 March: 
 
 [It is ordered that, until the rules prepared by the Council ^'^^'"^<^" 
 for Plantations be inserted in the Charter for establishing the 
 Newfoundland fisheries, The Mayors of the western ports] 
 and also all Masters and Ownere of Ships and others using the 
 Newfoundland Trade, be . . strictly required and enjoyned 
 to pursue the said Orders and Rules, and goveme themselues 
 accordingly in every particular, as they will answer the contrary 
 at their perills. 
 
 Memorandum the Rules and Powers in this last Order men- 
 tioned are the same which are recited iu the two precedent 
 Orders, Onely adding this Paragraph, vizt. That Encourage- 
 ment may be given to the Inhabitants of Newfoundland to 
 transplant themselues and their ffamilys to Jamaica, St. 
 Christophers, or some others of your Majestys fforraine Plan- 
 tations. And were signed Sandwich President Ashley. Richard 
 Gorges. W: Alington. H: Brounker. T. Clifford. Tho: Grey. 
 Hump: Winch. S. Titus. H Slingesby Secretary. 
 
 [p. 395. '" 1.] 
 
 [918.] Whitehall, 22 March : 
 
 [Nothing having been effected in the case of the .SV. George, ^^ Indies. 
 (c/. 905)] the Spanish Ambassador refusing to meete upon it. 
 The Petitioners to compleat all things on their part, in order 
 to make their fiuiiher Addresses to his Majesty for his Grace 
 and Justice in procuring Restitution and Reparation from 
 the Dutch, as by the aforesaid Treaty they are obhged, haue 
 made out their Proofes in the Admiralty by Witnesses there 
 swome and examined, and caused a Case upon the whole 
 matter to be drawne by Councill whereby the Justice of their 
 
566 ACTS OP THE PRIVY COUDCIL (COLONIAL). L1671. 
 
 Cause is evident, Which they humbly offered to his Majesty 
 together with Copies of the said Depositions, and the Result 
 of the Director and Councill at Caracao, Praying the same 
 may be sent to the Dutch Ambassador residing here, and a 
 day prefixed for him to send the same to the States Generall, 
 to returne Answer thereunto, and cause Satisfaction and 
 Reparation to be made unto the Petitioners according to the 
 late Articles of Peace with damages, Costs and Interest, It 
 was Ordered by his Majesty in Councill That Mr. Secretary 
 Trevor do forthwith prepare a Letter for his Majestys Royall 
 Signature to the States Generall of the Vnited Provinces, Repre- 
 senting unto them the state of the Petitioners Case, [and 
 demanding satisfaction. Mr. Secretary Trevor is also to offer 
 unto the Dutch Ambassador residing here the petitioner's said 
 case with the depositions and result of the council at Curacao, 
 and effectually to mediate with him]. [p. 404. Tf 1.] 
 
 [919.] Whitehall, 29 March : 
 
 Jamaica. [In a list of captives at Sallee to be ransomed occur the 
 
 names of three men belonging to a ketch of Jamaica, — John 
 Potter master, John Lang, and Joseph Hancock.] 
 
 [p. 415.] 
 
 CHARLES II. VOLUME X. (10 May 1671--10 Ap. 1673.) 
 
 [920.] Whitehall, 12 May : 
 
 Tobago. [It is ordered, on consideration of the report of the Com- 
 
 mittee appointed to consider the memorial of the Duke of 
 Courland's envoy, that Mr. Secretary Trevor signify to Sir 
 Wilham Morice, the late Secretary of State, his Majesty's 
 pleasure] that he speedily returne an Account of the Trans- 
 actions between his Majestie and the Duke of Cxirland during 
 the time of his Employment, and more particularly how the 
 Contract came about to be made with the said Duke as to 
 the Island of Tobago. [p. 4. ^I 2.] 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 567 
 
 [921.] WhitehaU, 17 May : 
 
 [The Council refer to the Commissioners of the Navy for west indies. 
 examination and report the] petition of Rebecca Hill Mother 
 and Administratrix of Captain John Harley deceased, setting 
 forth, That the petitioners said Sonne serves on Board the 
 Fireship the Successe, which was in the late Dutch warr taken 
 Vp at Barbados for his Majesties service, in which he did 
 execution Vpon the Enimy at St. Christophers by ffireing one 
 of their Shipps of 500 Tunns and 28 Gunns, And afterwards 
 served in the West Indies as Commander of the WiUoughby 
 Frigat. That That there is due Vnto him for Wages and 
 disbursements in the aforesaid service a Considerable summe 
 of Money. That the petitioners sonne since dying, left behind 
 him Two Children with very Mtle towards their maynteynance 
 and Education, but what is due to their ffather as aforesaid. 
 And praying that it may be examined what is due vnto her 
 said Sonne for his said service and Disbursements, and that 
 the same may be forth with payd for the releife of his poor 
 Orphans. [p. 9. ][ 2.] 
 
 [922.] Ibid. 
 
 A Letter from Sir Tobias Bridge, wherein was enclosed an West Indies 
 Accompt both of the Receipts and Disbursements of the 
 one Moyety of the Duty of 4 and J per Cent, [in the Leeward 
 Islands from 14 October 1668 to 24 December 1670 ; as also 
 the muster rolls of his regiment for the year 1670 ; copies 
 of two addresses to the Governor and Council in Barbados, 
 and a letter from him of date 30 January 1671 : are] sent vnto 
 the . . Treasury to be ready vpon any occasion. 
 
 [p. 16. ^ 2.] 
 
 [923.] Whitehall, 26 May : 
 
 [The Attorney General is ordered to draw up a proclamation Tobacco 
 in accordance with the late Act entitled] An Act to prevent 
 the Planting of Tobacco in England and for regulateing the 
 Plantation Trade. [p. 28. % 2.] 
 
568 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 Virginia. 
 
 Tobacco. 
 
 Plemtation 
 Trade. 
 
 [924.] Whitehall, 7 July : 
 
 [On reading Sir Wm. Berkeley's letter regarding the case 
 of John Fairfax v. Edmond Scarborough, further consideration 
 of the matter is deferred tiU the Duke of York be present 
 in Council, and meanwhile Matthew Wren, his Royal 
 Highness's secretary is to be made acquainted therewith.] 
 
 [p. 45. 11 1.] 
 
 [925.] Whitehall, 14 July : 
 
 [The Lords Lieutenant of Gloucester and Worcester are 
 required to aid Colonel Edward Cooke in destrojdng all 
 English-grown tobacco within these counties.] 
 
 [p. 49. r\ 1-2.] 
 
 [926.] Whitehall, 28 July : 
 
 Whereas Thomas BandineU Master of the Ship Nicholas of 
 the Island of Jersey did by his Petition this day presented 
 to the Boord set forth. That according to the ancient Charters 
 and Priviledges graunted by his Majestys Royall Ancestors to 
 the Subjects of the said Island, and confirmed by his Majesty. 
 He traded with the said Ship to Virginia where she was arrested 
 by Order of the Governor of that place (upon pretence that 
 the said Ship belonging to the Island of Jersey was not a free 
 Ship to trade to America) and was not released untill the 
 Petitioner gaue lOOOZ. Security to proue and make good that 
 the said Ship was free to trade to his Majestys Plantations 
 And forasmuch as the said Ship as also her Lading doth 
 really belong to his Majestys Subjects of that Island and not 
 to any Aliens whatsoever and that the whole Company 
 belonging to her were also his Majestys naturall borne Sub- 
 jects, He most humbly prayed an Order to the said Governor 
 for dehvering up the said Bond, And that his Majesty would 
 be pleased to declare that for the future all ships belonging 
 to his Subjects of that Island may freely trade to his Majestys 
 Dominions in America. Which being taken into consideration 
 together with a Memoriall from the ffarmers of his Majestys 
 Customs AUeaging the said Ships trading to Virginia is con- 
 trary to the Acts of Trade and Navigation, It was Ordered 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 569 
 
 [that the business be heard on 4 August, at which date all 
 parties concerned, and likewise Sir Thomas Morgan, are to 
 attend]. [p. 52. ^ 1.] 
 
 [927.] Whitehall, 4 August : 
 
 [Vpon full hearing of the case between Thomas Bandinell Plantation 
 and the Farmers of the Customs] argued by CounceU learned, 
 It appearing to his Majesty that the Inhabitants of that 
 Island were Ignorant of the force and Vahdity of the said 
 Law in this case, His Majestic in Councell was pleased to 
 Order . . that Vpon the said Thomas Bandinell causing 
 the Custome of the Tobacco in the said Shipp to be fuUy and 
 fairly paid at the Rate of Two pence per pound according 
 to the Booke of rates the said Shipp Nicholas, and her lading 
 shalbe freede from the fforfeiture demanded, and the said 
 fEarmers having also heard his Majesties pleasure herein doe 
 declare they wiU acqtiiesse, and not expect any defalcation 
 from his Majestie by reason of the said fforfeiture so demanded. 
 Wherefore it is further Ordered that his Majesties Grovernor of 
 the Isle of Jersey doe as well assist the ffarmers officers in 
 Collecting the said Duty accordingly, as take notice that this 
 remittall of the forfeiture so demanded is not to be drawn 
 into precedent but on the contrary to declare to the Inhabitants 
 of the said Island, that for the future they are not to trade 
 in like manner to florraine plantations contrary to the Acts 
 of trade and navigation. And . . that the Governor of 
 Virginia doe canceU and dehuer vnto the said Thomas Bandinell 
 or his Order the said Bond of One Thousand Pounds vpon his 
 having submitted to the payment of the Duty aforesaid. And 
 it is further ordered, that if the said Thomas BandineU shall 
 think fit to export any of the said Tobacco within the time 
 limitted by the book of rates that then he shall receiue back 
 such part of the said dutys as are here in England allowed by 
 the said book of rates, provided that he adjust with the 
 ffarmers how the same may be done without prejudice to 
 them because they have noe fixed Officer in that Island. 
 
 [p. 58. II 1.] 
 
570 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671. 
 [928.] Whitehall, 4 August: 
 
 Plantation Letter to the Lord Hatton . . Whereas it hath been 
 Trade. represented to his Majestie in CounceU by the ffarmers of the 
 
 Customes that a certaine ffrench Shipp built at St. Males of 
 about 200 Tuns burthen, and carrying about 30 Gunns did 
 make a trading voyage to his Majesties plantations, and 
 about the latter end of May last returned from Virginia to 
 Guernzey laden with neere 500 hogsheads of Tobacco, And 
 that the said ffarmers vnderstanding that the Same were in 
 part already Landed, dispatcht away their officer Lawrence 
 Cole to make Seizure of the said Shipp and Goods, which 
 accordingly he effected by putting on the broad arrow But 
 the proprietors in the Island did not onely rub out the said 
 brode arrow, and obstruct his taking of any account of the 
 Goods, or hanging locks on the hatches, but threatned him 
 with imprisonment and aUeaged the priveledges of the Island 
 for their Justification And although it be acknowledged that 
 your Lordship protected the said Cole from any violence till 
 his departure from the Island, and gave some assurance of 
 the detention of both Shipp and Goods till his Majesties pleasure 
 were signified herein, Yet it is now aUeaged that the said 
 Shipp is already gone, and all the Goods either transported 
 into ffrance or otherwise concealed, which the said ffarmers 
 complain off as a great breach of the Acts of trade and 
 Navigation. Wherefore Wee doe according to his Majesties 
 Comands, and the desires he hath exprest to be fully informed 
 in this case, hereby pray and require your Lordship to 
 [investigate the matter and report thereon, and to] acquaint the 
 Inhabitants of that Island, that for the future they are not 
 to trade in that manner to the Plantations contrary to the 
 acts aforesaid. 
 
 Signed : — Earle Sandwich, Earle Craven, Lord Arhngton, 
 Lord Newport, Mr. Treasurer, Mr. Vice Chamberlaine. 
 
 [p. 58. H 2.] 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 571 
 
 [929.] Whitehall, 6 September : 
 . John Fairvack of London Merchant, Setting forth. That Virginia, 
 one Edmund Scarbrough in Virginia was indebted vnto the 
 petitioners ffather a great summe of Money, by Bond and other- 
 wise, which he not onely refused to pay, but threatned those 
 who were Imployed to recover it ; That vpon severaU Letters 
 from this Board to the Governor of Virginia concerning that 
 Matter the said Scarbrough being Summoned to a GeneraU 
 Court held at James City, did the 27th of October 1670. Confess 
 a Judgment in the said Court to the petitioners Attorney 
 for 84,01. sterhng, 3001. thereof to be payd the last of March 
 then next, 3001. in March 1672, and 240Z. in March 1673, 
 with Costs ; That the Governor (vpon some other Letters 
 directed to him) hath suspended the Execution of the said 
 Judgment vntiU April 1672. And praying that his Majestie 
 would be gratiously pleased to Command the said Governor 
 to take off the Suspention of the said Execution, that Justice 
 may not be delayed whereby the petitioner is hindred of his 
 just Right ; And that the said Scarbrough may give security 
 for payment of the said Debt ; [Copies of the petition and 
 the Governor's letter are ordered to be delivered to Dr. 
 Scarborough and the matter to be heard on the 15th, when aU 
 parties are to attend, with counsel, if they please], [p. 63. ^ l.J 
 
 [On the 15th, all parties attending, it is ordered] That 
 if Sir Charles Scarbrough Knight do give good security ia 
 his Majesties High Court of Chancery here, to stand to, 
 and abide the determination of the said Court vpon the 
 Matter of Equity to be alleaged on the behalfe of the said 
 Edmund Scarbrough deceased, then the suspention of the 
 said Judgment in Virginia to be continued till the said Cause 
 shall be determined ; But if the said Sir Charles Scarbrough 
 shall not give security as aforesaid within a ffortnight after 
 the Date hereof, Then the said John ffairvax putting in 
 security to abide the determination of the said Court on any 
 Bill to be exhibited in the said Court on behalfe of the said 
 Edmund Scarbrough, the said suspention is to be taken off. 
 
 [p. 75. II 2.] 
 
572 _\CTS OF THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 [930.] Whitehall, 22 September : 
 Barbados. [The Counci] refer it to the Treasury to give order upon the] 
 
 petition of Edwyn Stede Esqr Provost Marshall General! of 
 the Island of Barbados, Setting forth, That the Common 
 Prison in the said Island is so much decayed that he cannot 
 secure any Prisoners therein according to the Duty of his 
 Office, but that notwithstanding aU the endeavours and 
 Charges which have been vsed in keeping a Guard to watch 
 them, some of the prisoners have made their escape ; That 
 he hath made his apphcation to the Deputy Governor and 
 Councill of that Island desiring them to take Care to have the 
 said Prison Rebuilt, They Referred him to the Assembly, and 
 the Assembly returned Answer, that they conceived it ought 
 to be Rebuilt out of the 4 & ^ per Cent, given for that and 
 other like vses there, as is expressely mentioned in the said 
 Act ; And praying that his Majestic would be pleased to give 
 some Order for the Building thereof. [p. 79. ^ 2.] 
 
 [931.J WhitehaU, 22 November : 
 
 Barbados. [The foUowing letter to the Governor of Barbados was 
 
 approved and ordered to be prepared and sent accordingly] : — 
 It is of a long time That Wee haue been made acquainted 
 with the hard measure the RoyaU Company trading to Africa 
 haue received in Our Island of Barbados in relation to the 
 great debts due to them and the delay and fayler of Justice 
 they haue mett with in their endeavors for recovery thereof. 
 But now lately they haue by their complaint made to Us so 
 fully represented their case in that Particular, and the ruine 
 impending upon their whole Stock, and Trade, to the Scandal! 
 of the Government there which is like to be followed with a 
 totall losse of that beneficial! Trade to us and Our Kingdomes, 
 and even ruine to that and other Our Plantations, That Wee 
 haue taken the same into Our most serious and Princely 
 consideration, and by advice of Our Privy Councill haue 
 resolved to interpose in the most effectual! manner. Our 
 Justice and Royall Power, that full right may be done to the 
 
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 573 
 
 said Company, and that by no Artifice or combination upon 
 pretence of Law or Custome in that Island they be any longer 
 withheld from what is due to them. 
 
 And though Wee might justly send for some of their cheif 
 Debitors hither to answer this complaint, and to abide such 
 rule as shalbe found expedient for their plenary satisfaction, 
 and the recovery of their Trade which is in great hazard by 
 the proceedings used there, in this Case, Yet being desirous to 
 recommend Our Justice by all waies of lenity and moderation 
 towards such as We hope will not continue Obstinate in a 
 course of wrong and injury to their fellow subjects Wee haue 
 thought fitt first to settle this way and method for the 
 obteyning Justice to the said Company Vizt. 
 
 That you Our Governor or Deputy Governor of that Island, 
 do employ your utmost Care and dihgence in assisting Mr. 
 Robert Beven and Mr. Edwin Stede Agents now purposely 
 sent by the said Company for recovery of their said debts pro- 
 cureing him with aU the Interest you haue speedy and full 
 justice therein, And that none may shelter themselues under 
 Our Authority, or as persons employed by Us, and in Our 
 Service Our Will and pleasure is. That if upon the prosecution 
 of the said Agent, and such assistance and Countenance as 
 you shall giue him, which Wee command you to doe in the 
 most effectual! manner, as in an affair, which Wee take much 
 to heart, the said Debitors or any of them, shall not make 
 payment to the said Agent of the debts due to the said Com- 
 pany within 4 Moneths after demand that every person neglect- 
 ing or refuseing snch payment be discharged from his Office, 
 place, or Imployment, or proifitt, trust, or honour in that 
 Island especially of his place of Judicature they being 
 altogether unworthy to haue a hand in the distribution of 
 Justice, that are not just in their owne particular Concerns. 
 And if this course shall not take the Effect Wee hope and 
 desire Wee are resolved to apply the utmost and most severe 
 remedies Our Royall authority is furnished with to compell 
 
574 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671. 
 
 the refractory to pay their just debts, and to lett them see, 
 That distance of Place shall shelter none from Our Justice and 
 Power. 
 
 And Wee doe further streightly charge and Command 
 you . . That this Our Letter be pubhshed in the accus- 
 tomed Places and then recorded in the Generall Assembly of 
 Our said Island, whereof, and of your punctual! execution 
 of these Our Commands in all Points, Wee shall require a 
 strict account of you. [pp. 112-113.] 
 
 [932.] Whitehall, 6 December : 
 Plantation ("The Council refer to the Treasury for examination and 
 
 Trade. 
 
 report the] Petition of the State of the Island of Jersey 
 Setting forth amongst other things . . their Services and 
 SufEerings in the late time of RebeUion as also their present 
 weak and miserable condition by the whole decay of that 
 Trade of Stockings they had in fErance caused by the great 
 Impositions laid on them by the ffrench King which amoants 
 to 3 times as much as they used to Pay formerly and almost 
 as much as the said Goods are worth at first That the said 
 Island is overburthened with many Thousands of Poor people 
 which if they had hberty to Transport to his Majestys 
 Plantations in America may proue not onely a great discharge 
 to the said Isle, but also very beneficiall to those Places. 
 And praying that his Majestic would be pleased to declare 
 the said Inhabitants not comprehended in the Acts for Trade 
 and Navigation but that they may haue the same fEreedome 
 of Trade they haue hitherto enjoyed in all his Majestys 
 Dominions and particularly in America. [p. 124. ^ 2.] 
 
 [933.] Whitehall, 20 December : 
 NewfoLind- . . Jacob Lucy, Samuel Swinock & Company Setting 
 forth That the Petitioners did upon their own Account sett out 
 from the Port of London a Ship called the Golden Peacock 
 (Derick Peterson Master) upon a Voyage to Newfoundland, 
 there to lade ffish and to carry the same for Lisbone. That 
 the said Ship did take in at Newfoundland abont 2000 Quintalls 
 
1671-2.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 575 
 
 of ffish upon the Petitioners Account and being upon their 
 Voyage from thence for Lisbon about the 25th of September 
 last was chased by a ffrench Ship belonging to and manned 
 with Subjects of the ffrench King, which the Master and 
 Company apprehending to be a Turks man of Warr did 
 forsake their said Ship, and betooke them to their Long 
 Boat whereupon the ffrench Seized upon the said Ship and 
 her ladeing and haue since carried the same to Eochell or 
 thereabouts And praying releif therein. [Lord Arlington is 
 ordered to endeavour to obtain satisfaction from the French 
 Ambassador]. [p. 134. f 2] 
 
 [934.] Whitehall, 17 January : 
 
 His Majestic being this day Informed in CounciU, That Newfound- 
 divers Shipps bound for the ffisheryes of Newfound Land and 
 Izeland, are preparing to proceed on their severall voyages 
 before the vsuall time ; And likewise that divers Seamen doe 
 take Imployment in Forreigne VesseUs to decline his Majesties 
 service. [The Duke of York is requested to give orders that 
 no ships be allowed to sail for the fisheries till further order, 
 and that the practice mentioned be totally forbidden]. 
 
 [p. 154. ^ 2.] 
 [935.] Whitehall, 14 February : 
 
 [A copy of] the Petition of Georg Robinson one of the Don 
 Executors of Sir Martin Noel Knight deceased concerning foh^que^^ 
 twelue hundred Pounds which the Petitioner paid by Order 
 of this Boord vnto Don Juan Ximenes de Boherques, [is ordered 
 to] be sent vnto Francis Dashwood, William Rosse, and Hugh 
 Vpton Esqres Creditors of the said Sir Martin Noel, who are 
 hereby required to make Answer therevnto, and forthwith 
 to returne it to this Boord, wherevpon his Majestie will 
 declare his further pleasure herein. [p. 173. ^ 5.] 
 
 [936.] Whitehall, 13 March : 
 
 [On the report of the Commissioners of the Treasury (as Plantation 
 ordered on 6 December) it is referred to the Committee '^"'^^' 
 
576 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672. 
 
 for Jersey and the Commissioners of the Treasury or any four 
 of them] to take into consideration the present State and 
 Condition of that Island, and the Desires of the Petitioners 
 in point of Trade, And thereupon to propose to his Majesty 
 in Councill, what further Priviledges and Encouragements 
 it may be fit for his Majesty to graunt unto the Inhabitants 
 of the said Island in regard of their Scituation as a Frontier 
 Place, and that they are much impoverished by Impositions 
 laid on their Trade, and particularly that of Stockings in 
 florraine parts. [p. 191. ^ 2.] 
 
 [937.] Whitehall, 10 May : 
 Navigation [Among dispensations from the Navigation Acts granted 
 during the Dutch War, are the following : — ] 
 
 [Notwithstanding the said Acts] It shall and may be lawfull 
 for any English Merchants, and they are hereby Authorised 
 freely, and without Interruption to make vse of, and Imploy 
 any Forreigne Shipps, or vessells whatsoever. Navigated by 
 Mariners, or Seamen of any Nation, for Importing or 
 Exporting of all Goods and Commodityes, to or from any Port 
 in England or Wales, or to or from any of his Majesties 
 Plantations, they paying onely the aforesaid Dutyes Imposed 
 vpon his Majesties Naturall borne Subjects, as for Goods 
 Exported in EngHsh built Bottoms and no other. 
 
 Provided, That no Goods or Commodityes whatsoever, be 
 by them Imported into any of his Majesties said Plantations, 
 but what shall be without fraud, Laden, and Shipped in 
 England or Wales, and thence directly carryed, and from no 
 other place to his Majesties said Plantations. 
 
 Provided also That such Goods and Commodityes as shall 
 be by them Laden and taken on Board at his Majesties said 
 Plantations, or any of them, be brought directly from thence 
 to some of his Majesties said Ports in England or Wales ; 
 And all Governors and Officers of the Customs, are hereby 
 Charged and required strictly to observe all Rules, Directions, 
 and Orders for takeing of Bonds or other Securityes, and 
 
1672.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 577 
 
 exacting aU fforfeitures and penaltyes by the said Acts, or 
 either of them required or enjoyned, save onely in the Two 
 Clauses concerning Enghsh Shipps and English Mariners herein 
 before dispensed with. 
 
 And Lastly his Majestic doth Declare, That this shall con- 
 tinue and be in force during his Majesties pleasure : And 
 when his Majestie shall think fitt to determine the Dispensation 
 hereby granted, Hee will by his Royall Proclamation -give 
 Six Moneths notice thereof to the end no Merchant or other 
 person herein concerned may be surprized. [pp. 237-238.] 
 
 [938.] Whitehall, 22 May : 
 
 ("The Council refer to the Council of Plantations the] petition Plantation 
 
 Trade 
 of Peter Brent Serjeant Plumber to his Majestie and John Angier 
 
 Part Owners, on the behaKe of themselves, and others Owners 
 of the Pink Peter of London, Setting forth. That the said Pink 
 being bound for Jamaica, and from thence to New York, 
 proceeding peaceably on her intended voyage, neare the 
 Jordaines, on or about the last day of August 1671 was sett 
 vpon by a Spanish Man of Warr called the Francisco, Captain 
 Candelero Commander, who haveing Seised the said Shipp, 
 strip't the Mariners, tooke away their Goods and writings, 
 and after carryed them into Campeche, where they were 
 kept prisoners vntill the 23th of October following (notwith- 
 standing the said Captain was made acquainted with the 
 pubhcation of the Peace betweene the Two Crownes) Afterwards 
 haveing taken all the Goods and Victualls out of the said Shipp, 
 and stole, and cutt in peices most part of her Rigging they 
 restored her to Charles Cogan Merchant part Owner, whereby 
 the Petitioners and the said Charles Cogan are really damnifyed 
 to the Value of One Thousand Pounds sterling, besides the 
 losses sustayned by other Persons concerned in the said 
 vessell which may amount vnto about Three Thousand pounds 
 more ; And praying Releife therein. [p. 245. ^ 2.] 
 
 [939.] WhitehaU, 24 May : 
 
 Whereas John Du Laurens of Bourdeaux Merchant by his Newfound 
 humble Petition . . did Complayne, that there are severall 
 
 37 
 
578 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672. 
 
 summes of Money due to him from divers of his Majesties 
 Subjects in Newfound Land for Goods sold and delivered 
 vnto them amounting to 1274L 16s. sterling which they have 
 hitherto waved the payment of, to the allmost vtter ruine 
 of the Petitioner. [The Clerk of the Council is directed] 
 to signify, That his Majestie requires the partyes who are 
 indebted to the Petitioner speedily to give him satisfaction 
 for so much as shall appeare to be justly due vnto him. 
 
 [p. 252. ^ 2.J 
 [940.] Whitehall, 5 June : 
 
 West Indies. It is this day ordered by their Lordships that a Copie of the 
 Petition of William Wood and Humphrey Beane Esqres. on 
 the behalfe of themselues and the rest of the Owners of the 
 Shipp Wilham and Nicholas seized in AnguiUa with her lading 
 by Sir Charles Wheeler should be sent vnto Henry Slyngsbey 
 Esqr who is hereby prayed and required to certify this 
 Boord on ffriday the 7th of June Instant the State of the 
 case of the said Shipp and her lading, and if there be any 
 cause why the Petitioners may not be heard before his 
 Majestie in Councell in this matter as they desire. 
 
 [p. 257. H 3.] 
 [941.] Whitehall, 7 June : 
 
 Barbados. Vpon reading the Petition of Sir John Maynard Knight his 
 
 Majesties Serjant at Law Setting forth that in Hillary Terme 
 in the 22th yeare of the Raign of his late Majestie of blessed 
 memory he obteined a Judgment of Two thousand pounds 
 od money against James White then Factor and Servant to 
 George Henly deceased to whom the Petitioner was Executor 
 in trust for his Children and Orphans. That the said White 
 dyed in the Indies before any part of the said Debt was paid. 
 That the Petitioner comenced a sute in Law at Barbados 
 against Wilham White Administrator to the said James, and 
 sent over an ExempUfication of the Judgment vnder the 
 Seale of the Citty of London. Where vpon he had Judgment 
 there, the Court being satisfied by the said Exemplification 
 and proceedings, and the Petitioner had Execution awarded 
 
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 579 
 
 and Goods seized &c., but before Execution was perfected a 
 writ of Error was brought containing frivolous things and 
 matters of meere formahty, that the Petitioner hath since 
 Appealed and humbly praying releif &c. [It is ordered that 
 a copy of the petition be sent to Lord Willoughby with a 
 letter directing him to summon before himself and some of 
 the Council there all the parties concerned, and after a full 
 examination of the case, to report to the Board, that final 
 judgment may be given ; provided that if William White so 
 desire, he may be allowed instead, on giving security to appear 
 and accept the decision, to attend his Majesty in Council 
 within three months after notice hereof ; in which case the 
 intestate's estate is meantime to be secured and not wasted.] 
 
 [p. 258. U 1.] 
 
 [942.] Whitehall, 3 July : 
 
 [The Council refer to the Council for Foreign Plantations New York, 
 the] Petition of his Majestys Subjects in three Villages 
 at the East end of Long Island in America, called East- 
 hampton, Southampton and Southwold. Setting forth, That 
 they have spent much time and paines and the greatest 
 part of their Estates in setUng the Trade of Whale fishing in 
 the adjacent Seas, having endeavoured it above these twenty 
 yeares, but could not bring it to any perfection till within 
 these 2 or 3 yeares last past, And it being now a hopefuU Trade 
 at New Yorke in America the Governor, and the Dutch there 
 do require the Petitioners to come under their Patent, and 
 lay very heavy Taxes upon them beyond any of his Majestys 
 Subjects in New England, and wiU not permit the Petitioners 
 to have any Deputys in Court, but being Cheife do impose 
 what Lawes they please upon them, and insulting very much 
 over the Petitioners threaten to cut downe their Timber, which 
 is but Httle they have to make Casks for Oyle, although the 
 Petitioners purchased their Lands of the Lord Sterhngs Deputy 
 above thirty yeares since, and have been till now under the 
 Government and Patent of Mr. Winthrop belonging to 
 Conitycot Patent, which lyeth farr more convenient for the 
 
580 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672. 
 
 Petitioners Assistance in the abovesaid Trade, And therefore 
 most humbly Praying, that they may be continued under 
 the Government and Patent of Mr. Winthrop, Or else that 
 they may be a free Corporation, as his Majestys Subjects for 
 the further encouraging them in their said Trade, otherwise 
 they must be forced to remove to their great Undoing, and 
 Damage of sundry Merchants to whom they stand indebted 
 for their trade [Notice of the petition is to be given by the 
 said Council to the Duke of York's Commissioners that they 
 may attend when it is discussed.] [p. 275. f 3.] 
 
 [C.S.P. III. 875. I.] 
 [943.] Whitehall, 19 July : 
 
 West Indies. Vpon reading this day at the Boord the humble Petition of 
 Anna Yeames, Ehz: Chamberlain, and Elizabeth Turner on 
 behalf of their Husbands and other Enghsh Men detejued as 
 slaves by the Spaniards at Carthaginia in the West Indies and 
 other places of their dominions. [The petition is ordered to 
 be put into the hands of Lord CUfEord, who, if he thinks fit, 
 is to recommend the petitioners in his Majesty's name to the 
 Spanish Ambassador.] [p. 284. ^ 3.] 
 
 [944.] Ibid. 
 
 Jamaica. Whereas Mary MiUer Widdow the Rehct of Christopher 
 
 Miller deceased did by her humble Petition this day read at the 
 Boord, represent, That about 18 Moneths since her said Hus- 
 band dyed at Jamaica possessed of an Estate to the value 
 of near 200Z. But the Petitioner being then Resident at 
 Stepney, one Isaac Carter taking Advantage by the Petitioners 
 absence obteyned Letters of Administration of aU her said 
 Husbands Estate, and possessed himseK thereof, utterly 
 refusing to yeild any Accompt of the same. And the Petitioner 
 having now Ukewise obteyned Letters of Administration, but 
 supposing them not effectuall without the Assistance of his 
 Majestys Governor of Jamaica to whom she humbly prayed 
 to be recommended. [The petitioner is recommended to Sir 
 Thomas Lynch, who is to give her] all just ffavour and 
 
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 581 
 
 assistance in the taking an Account of her said Husbands 
 Estate, and Recovery of what of right belongs to her. 
 
 [p. 286. If 2.] 
 [945.] Whitehall, 19 July : 
 
 [In a claim by Thomas Chudleigh, master shipwright at Plantation 
 Kinsale for 1500Z. for repairs to the fleet during the Dutch 
 wars, it is mentioned that] his Majesty hath caused some 
 of his ffregats to be upon that Coast for a guard thereof, and 
 security of the West India Trade : [wherefore it is essential 
 that he should be enabled to render effectual service to any 
 of these vessels in case of need]. [p. 287. 1| 1.] 
 
 [946.] Whitehall, 16 August : 
 
 [Whereas] great preparations have been this yeare made Tobacco. 
 in the Counties of Glocester, Wiltes, Hereford and Worcester, 
 much new ground digged up and Tobacco planted to the great 
 prejudice of the Navigation of this Kingdome, hindrance of 
 his Majestys fforraigne Plantations and Custom es and losse 
 of the trade of that commodity to other parts .... 
 Wee doe hereby require and authorise you John Man Esqr 
 Generall Surveyor of his Majestys Customes and John Clement 
 Gent, Assistant, . . to . . utterly destroy . . all such 
 Tobaccos. [p. 297.] 
 
 [947.] Ibid. 
 
 [The petition of the inhabitants of Southwark for an order Barbados, 
 for the payment of 400L due to them in respect of the 
 quartering of four companies of the Barbados regiment on 
 them in November last and their relief of the poor soldiers 
 with meat, drink, and other necessaries, is referred to Major 
 Edward Andros of the said regiment for his answer thereto.] 
 
 [p. 298. U 2.] 
 
 [948.] Whitehall, 23 August : 
 
 [The Council refer it to the Treasury to examine and give west indies. 
 order on the report of the Commissioners of the Navy upon 
 the petition of Rebecca Hill referred to them on 17 May], 
 in which the said Commissioners sett forth, that they find a 
 
582 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672. 
 
 Commission signed by the Chief Gouernors of the Barbados 
 giueing the said Capt. Harley the command of the successe 
 fireship, in which as well as in other occasions, he did his 
 Majesty very good seruice, but that no particular satisfaction 
 by way of wages or reward for the said seruices hath been as 
 yet made to the said Harley. [p. 303. ^ 1.] 
 
 [949.] \ATiitehall, 6 September : 
 
 \Vest Indies. Vpon the humble Petition of Mark Mortimer and John Hill 
 Merchants in the behaKe of James Hayes and others Mer- 
 chants of BristoU, Setting forth, That they are the true 
 Owners and Proprietors of the Shipp Neptune, Thomas Whittop 
 Master, Burthen 60tie. Tunns and her whole Ladeing of 
 Goods, which Shipp was made free, and Registred in the 
 Custome House London, and hath as such, Traded for severall 
 yeares past ; That the said Shipp and her Lading being 
 bound to the Maderas, and so to his Majesties Plantations 
 in the West-Indies, was on the 29th of May last surprised 
 and taken in the Rode of Madera's, carryed into Algier, and 
 (being Dutch Built) was Condemned for Prize, where both 
 Shipp and Goods were sold [His Majesty being satisfied that 
 the vessel and lading belonged to his subjects instructs his 
 consul at Algiers to demand restitution.] [p. 308. ^ 2.] 
 
 [950.] \ATiitehall, 18 October : 
 
 Plantation [Upon verification of the facts alleged by certificates from 
 Captain Ashley of the Pearl frigate, the Vice Admiral of the 
 Province of Munster, and Mr. Chudleigh his Majesty's ship- 
 wright in Ireland, as well as by the oath of the master, the 
 Council grant the] Petition of Matthew Deane Merchant shew- 
 ing that his Shipp the Hopewell of BristoU burthen 200 Tuns 
 was laden at Antegua with Tobacco and Sugar, where 
 Security was given that she should come into this Kingdome 
 and vnlade according to Law. That in her voyage she became 
 exceeding leaky, and being not able to beare much Saile was 
 left by the Carribbee Fleet in whose company she Set Saile 
 
 Trade. 
 
1672.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 583 
 
 from Nevis in July last, and was preserved from foundring at 
 Sea by the incessant labor of the Mariners at the Pumpe, in 
 which condition she was brought into Kinsale Harbour by the 
 Pearle Frigat, from whence she departed againe for Bristoll 
 but could proceede no further then the harbour of Corke, 
 where she remaynes So old and Rotten that no men will 
 adventure to saile her Over. That 24 men are continually 
 kept on boord to preserve her from sinking at the Petitioners 
 Vast charge That the Tobacco is onely fit for vse in Ireland ; 
 and must have been sent there had the Shipp in safety arrived 
 here. That if the Ship should be cast away it would be pre- 
 judicial! to his Majesties Customes, and to the ruyne of the 
 Petitioner in the losse of his freight and Goods, That he is 
 wilhng to pay his Majesties Duties, and prayes that his 
 Majestie wilbe graciously pleased to lycence and permit him 
 to vnlade the said Shipp at Corke. . . And the Commissioners 
 of his Majesties Customes here are to deliuer vnto the 
 Petitioner such Certificat or Certificats as are accustomed to 
 be given to merchants in Cases of Exportation, he first giving 
 them good Security to be answerable for his Majesties Enghsh 
 Duties in such proportion, as if the said Goods were actually 
 vnladen in this Kingdome and reladen for Ireland, and this 
 to be done within a convenient time after the same shalbe 
 adjusted and known in Ireland, or otherwise they are to 
 accomodate the matter of Customes between his Majestie 
 and the Petitioner in the Way and Manner they shall judge 
 most convenient and fit, with respect had to the intent of this 
 Boord in licencing the said Shipp to vnlade in that Kingdome. 
 
 [p. 321. 11 1.] 
 [On the 25th, on Deane's representation that he has given 
 lOOOZ. security to the Commissioners of the Customs], 
 Whereby he is become his Majesties Debtor for that Duty 
 to be paid in London in January next, altho some other 
 persons besides himseKe are concerned in the Goods on 
 board, and therefore praying to be appointed to collect 
 and receiue what wilbe come due, [his petition is granted.] 
 
 [p. 323. ^ 2. 
 
584 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672- 
 
 [951.] Whitehall, 30 October : 
 
 Barbados. Vpon the Petition of Seuerall Inholders and Victuallers of 
 
 the Burough of Southwarke [for payment of debts due by the 
 
 " Md all the soldiers who came from Barbados, it was ordered] that the 
 
 deliuered to Petitioners should dehuer to the Clerk of the Councell an 
 
 Nov 18*^ accompt of what is owing to them from the said Soldiers out 
 
 1672." of the Six pence per diem, and how much on the Score of 
 
 Sicknes or other extraordinary occasions distinctly from each 
 
 other, and that the said Accompts should be sent to the Right 
 
 honourable the Lords Commissioners of the Treasury who are 
 
 to Examine the same, and to give direction for the Stating 
 
 the said debentures, and to put a finall issue to this matter. 
 
 [p. 329. 11 3.] 
 
 [952.] Whitehall, 3 November : 
 
 Plantation Whereas there was this day presented to his Majesty in 
 CounciM an Account of the ill Conduct and Cowardice of the 
 fflag Officers of the ffleete of Merchants Ships coming from 
 the Barbados to this Kingdome, by meanes whereof, seuerall 
 of the said Ships (tho formed into a good posture of Defence) 
 were taken by two Dutch Privateers to the great Losse of the 
 Persons interessed in them It was thereupon Ordered by his 
 Majesty in Councill, That Captain Leonard Webber Admirall 
 of the said ffleet. Captain Robert Munden Vice Admirall, 
 Captain Burrey Rear Admirall and Captam Coleman and 
 every of them be, and they are hereby required and com- 
 manded personaUy to appear at this Boord on Wensday next 
 the 13th instant to give an Account of their Behaviour in that 
 Engagement Whereof they may not fayle at their perills. 
 
 And it was further Ordered, That Mr. Attorny and Mr. 
 SoUicitor GeneraU do consider of the Laws and Statutes made 
 for preventing the DeUvery up of Merchants Ships to Pirates 
 or Sea Rovers without fighting, and how such Persons as shalbe 
 found guilty thereof may be prosecuted and brought to con- 
 digne Punishment and report the same to this Boord on 
 Wensday the 13th instant. [p. 333. ^ 3.] 
 
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 585 
 
 [953.] Whitehall, 20 November : 
 
 [On examination of the officers of the Barbados fleet,] Plantation 
 
 Trade. 
 
 It appeared. That neither Captain Leonard Webber Captain 
 Robert Munden nor Captain Coleman who had the Command 
 of a new strong English Built Ship made the least resistance 
 against the said Privateers but rather by their Cowardice 
 encouraged them in their attempts, Whereupon [the Judge of 
 the Admiralty is ordered to examine all such persons as can 
 give any evidence in the matter, and after consultation with 
 the Attorney General to cause the offenders to be prosecuted 
 with the utmost severity the law will afford.] [p. 336. ^ 2.] 
 
 [954.] Whitehall, 27 November : 
 
 . the Owners and Proprietors of the Ship formerly called Plantation 
 the Saphire of BristoU, and now the St. Michael of Bilboa. . 
 Setting forth. That the said Ship John Moor formerly Master, 
 burthen about 80 Tons being at New England this last 
 Summer tooke in there her Lading of ffish for Bilboa, where she 
 arriving in the Heat of the Warr betweene England and 
 Holland, the said Master to secure the said Ship made a formal 
 Sale of her to Martin de Lano of Bilboa, who put on board her 
 a Spanish Master with a Crew of Spanish Mariners calling her 
 the St. Michael of Bilboa, And of the English, only the said 
 Moor as Pilot with two Mariners continued on board. That in 
 her voyage from Bilboa where she tooke in her Lading of Wooll 
 Iron &c for London, she was met with by Dutch Privateers 
 and dismist being found to be Spanish, But coming along 
 before the Port of Dover, she was boarded by a ffrench 
 Sloop, who tooke some Bags of peices of 8 from her, and 
 carryed to Callice the Spanish Master and the said Moor with 
 some of the Mariners, which the Algeir ffregat perceiving 
 sayles up and takes the said Vessell and carried her into 
 Dover, where she now remaines. That the said Spanish 
 Master and the said Moor with the Mariners were upon 
 their Examination in the Court of Admiralty at CalHce 
 dismist, and the Bags of peices of 8 deposited in the 
 
586 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672. 
 
 hands of the President Tosse of CaUice to be dehvered 
 to the Proprietors when they can make good their propriety, 
 and that they are ffriends and Alhes to the Crowne of ffrance, 
 That by Order of the Lords Commissioners for Prizes, the 
 Petitioners have made appear their propriety in the said 
 Ship and Goods before the SubCommissioners of Prizes in 
 London, who haue brought in their Report to their Lord- 
 ships, And therefore Prajdng that the said Vessell with her 
 Lading may be discharged, [the Commissioners for Prizes are 
 directed to] cause Orders to be given for discharging the said 
 Vessell . . and restoring the same unto the Petitioners. 
 
 iV- 344. H 2.] 
 [955.] Whitehall, 23 December : 
 
 Virginia. . . . John Tailoe and others Creditors of Robert 
 
 Walton, alias Wauton, setting forth, that the said Walton 
 was indebted to the Petitioners in seueraU large summs of 
 money, for Cloth bought of them ; That the said Walton 
 haueing converted the said Cloth into moneys, and gott in 
 the best of his debts, putt himselfe a prisoner in the Kings 
 Bench, from whence the Petitioners did afterwards release 
 him, upon a serious promise made to the Petitioners by the 
 said Walton, that he would assist them in the collecting of 
 his debts, and would discouer an estate unto them, towards 
 their satisfaction, that being at Hberty he priuately conveyed 
 himseKe out of England, togeather with seuerall of the goods 
 bought of the Petitioners and other goods bought with their 
 moneys, and went for Virginia, where being arriued with the 
 proceed of the Petitioners Estates, carried with him as afore- 
 said, he purchased a large Plantation, and Uued plentifully 
 thereupon, not sending to the Petitioners any thing towards 
 payment of their debts ; that in the year 1669 the said Walton 
 dyed, seized of the said Plantation, &c and by his will gaue 
 the same to Elizabeth his wife, and made one Thomas Mathew 
 his Executor, but the said EUzabeth renounceing, That the 
 Petitioner Tayloe on behalfe of himselfe, and the rest of his 
 Creditors, took out letters of Administration ; That the 
 
1672-3.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 587 
 
 Petitioner Tayloe sent ouer the said Letters of Administration, 
 togeather with an Assignement from the Commissioners in 
 the said Commission named, to his Atturney in Virginia, with 
 a power to demand and recouer the said Estate for the use 
 of the Creditors of the said Walton, who accordingly demanded 
 the same, but it was pleaded there, as a barre to the Petitioners 
 title, that the debts were not contracted after he inhabited in 
 Virginia, and therefore the Estate there was not lyable to their 
 demands, by which means the Petitioners are likely to be 
 defrauded of their just debts, unlesse assisted by his Majesties 
 gracious fauor and interposition ; [Lord Arlington is ordered 
 to prepare a letter to be sent with a copy of the petition to 
 the Governor of Virginia, ordering him to give the petitioners 
 fuU satisfaction]. [p. 361. ^f 1.] 
 
 [956.] Whitehall, 23 December : 
 
 [The Council refer it to the Lord High Treasurer to give order Barbados. 
 upon the petition of] Elizabeth Price, Widow, praying that 
 his Majesty out of a gracious compassion to her present 
 miserable condition would be pleased to giue order for the 
 paying the arrears due to her late husband, who for the space 
 of 18 months serued as Chaplain to the Regiment under the 
 command of Sir Tobias Bridges. [p. 362. ^ 2.] 
 
 [957.] Whitehall, 8 January : 
 
 [The Council refer it to the Lord High Treasurer, if he finds Plantation 
 their allegations to be true, and the vessel is unladen in England "^^ ®' 
 paying the usual duties, to give orders in accordance with the 
 petition of] Benjamin Dumaresq and others his Majesties 
 Subjects of the Island of Jersey, Setting forth. That the Peti- 
 tioners are Owners and Proprietors of a small Vessel! of about 
 30ty Tunns called the Hope of Jersey ; That before they 
 knew his Majesties pleasure that they should not Trade in 
 America, they Freighted the said Vessell with Manufactures 
 of that Island, and sent her for Jamaica, where the same 
 was vnladed, and reladed with Logwood and with a small 
 
588 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673. 
 
 parceU of Sugars and Indicoes ; That by stresse of weather 
 having sprung a Leake, they were forced to goe to New Eng- 
 land, where having refitted the said vessell, they bent their 
 Course for England, and meeting with very great Stormes 
 were forced into the Isle of Wight, where one David Horton 
 Collector of the Customes there seised the said Vessell and Cargo 
 pretending the same to be fForfeited for Tradeing to America 
 contrary to the Act of Navigation. And Praying that the 
 said VesseU and Cargo may be freed from the said Arrest and 
 Seisure. [p. 371. f 1.] 
 
 [958.J ^MiitehaU, 9 April : 
 Newfound- Vpon reading this day at the Boord the humble Petition of 
 Edward Mann, John Carter WiUiam Pike and Company of 
 the Towne and County of Pool in the County of Dorset late 
 Owners of the Ship called the Charles (John Edwards Master) 
 Shewing That the Petitioners employing the said Ship to carry 
 her Loading of dry ffish from Newfoundland to the Port of 
 Malaga, she was about the 11th of October last met with 
 about ffour or ffive Leagues off Cape St. Vincent, and taken 
 by ffive Turkish Briganteers (all or most of them belonging 
 to Algeirs) upon pretence that an Enghsh firegat had taken 
 a Dutch Man of Warr from them, and therefore they would 
 take as many English as would countervail, That they have 
 carried the said Master and Company being Ten in number 
 to Tituan in Barbary, where they are deteyned in Slavery, but 
 whether they haue sent the said Ship and Goods in value 
 about Thirteene hundred povmds the Petitioners cannot yet 
 discover, And therefore Praying his Majestys gracious Inter- 
 position, that the said Master and Company may be deUvered 
 from Captivity, and the Ship and Goods restored imto the 
 Petitioner, [Lord Arhngton is desired to write a letter to 
 his Majesty's Consul at Algiers (including therein a copy of 
 the petition) requiring him in his Majesty's name to demand 
 the hberation of the captives and of the ship, with reparation 
 for the losses and damages they sustained by the seizure]. 
 
 [p. 412. ][ 5.] 
 
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 589 
 [959.] 
 
 Ship Passe? 
 
 [1.] Whitehall, 7 February : 
 
 Vpoii reading the Petition of Peter Edwards and Thomas Newfound- 
 Butler Planters and Inhabitants in Newfoundland Setting 
 forth that they sailed from Newfoundland to Bristoll in a Ship 
 of their owne called the Little John burthen One hundred 
 Tunns, where they arrived about Michaelmas last, that having 
 laden a good part of the said Ship with Provissions for the 
 supply of their family and Servants there, and being ready 
 to returne home, the said Shipp was stayed by order of the 
 Mayor of Bristoll in obedience to his Royall Highnes Comands, 
 And humbly praying to be permitted to. proceede on their 
 voyage, [It is ordered that the Lord High Admirall do Hcense 
 and permit the necessary number of mariners to sail the 
 ship to Newfoundland].* [p. 167. 1| 5.] 
 
 [2.] Whitehall, 23 February : 
 
 [The Nevis Merchant of Bristol, John Jones master, cleared Barbados 
 
 . and Nevis. 
 
 14 days before notice of the embargo, but detained by con- 
 trary winds, is allowed to proceed to Barbados and Nevis. 
 The Lord High Admiral is also authorised in the case of other 
 applications where he] conceives his Majesties service may 
 permit to issue such Orders as may conduce to the Liberty 
 and encouragement of Trade. [p. 179. ^ 3.] 
 
 [3.] Whitehall, 28 June : 
 
 [On the petition of WilUam Greenway, a protection is ^^"^^^^^ 
 granted to the ship Blessing, 180 tons, with 12 guns, 12 English 
 and 4 foreign seamen, to go to New England to carry on the 
 fishing trade there.] [p- 272. ^ 3.] 
 
 CHARLES II. VOLUME XL (11 April 1673-30 Sep. 1675.) 
 
 [During this period the Earl of St. Albans is added to 
 the Committee on 23 June 1675.] [p. 450. ^f 3.] 
 
 ♦ This very day an embargo had been laid on all foreign trade, 
 
590 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673. 
 
 [960.] WhitehaU, 30 May : 
 
 New [Lord Arlington is instructed to] direct that the ensueing 
 
 °g^" ■ words be printed in the next Gazette vizt. 
 
 Whereas there is a Pamphlett lately published Entituled 
 Mr. Baxter Baptized in Blood, contayning a horrible 
 Murther committed by ffour Andbaptists vpon the person 
 of Mr. Josiah Baxter Minister neare Boston in New 
 England, the whole Matter having been inquired into, 
 and examined at the CounciU Board, is found altogether 
 false and fictitious. [p. 30. ^1.] 
 
 [961.] Whitehall, 20 June : 
 
 West Indies. • • • Martyn Stamp Setting forth that his brother 
 Timothy Stamp merchant sayhng in the Shipp Humility of 
 London towards Virginia met with one Captain Nehan Perez 
 Pintare Comander of a Shipp belonging to the King of Spaine, 
 Twenty Leagues Eastward of the Havana, at whose request 
 the said Stamp supplyed him with Provissions and other 
 necessarys according to the Articles of Peace. That at his 
 retume he called at Havana for payment, but insteed thereof 
 he and Three of his men were deteined Prisoners, and Spanish 
 Soldiers sent on Boord his said Shipp who brought her into 
 Port, and tooke Goods out of her to the Value of Three 
 hundred Pounds, whervpon the said Timothy Stamp applyed 
 himseKe to the Gtenerall of the King of Spaines Armada for 
 his hberty, but it was denyed him, and he with his men are 
 still detained Prisoners there. [Lord Arlington is desired 
 to seek redress through the Spanish Ambassador and his 
 Majesty's Ambassador at Madrid.] [p. 44. ^ 2.] 
 
 [962.] Ibid. 
 
 Nevis. [The Council refer to the Council for Trade and Plantations 
 
 for examination and report] the Petition of John Smith the 
 Younger relating to an Estate in the Isle of Nevis belonging 
 to him as Executor to his Father Enghsh Smith of the said 
 Island deceased, praying his Majesties Order to the Gouernor 
 
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 591 
 
 of Nevis to stay the Execution of a Judgment obteined by 
 Thomas Smith. [p. ^15. ^1.] 
 
 [C.S.P. III. 1107. I.] 
 [On a further petition of John Smith on 24 Sept. as 
 Thomas Smith is beheved to be about to transport himself 
 to New England, Dr. Locke, secretary to the Council of 
 Trade and Plantations, is directed to order him not to depart 
 the kingdom till the controversy is determined. [p. 101. Tj 1.] 
 
 [963.] WhitehaU, 27 June : 
 
 . Benjamin Du Maresq and Thomas Lemprire Plantation 
 Setting forth that the Collector of the Customes at Southampton 
 demands Custome Dutyes for Seaventeen hogsheads of Tobacco 
 for which the Petitioners paid full Dutyes in the Island of 
 Jerzey pursueant to an Order of this Boord dated the 4th 
 of August 1671 [the tobacco is to be dehvered to them without 
 further payment, unless the Lord Treasurer, after full 
 examination, think otherwise]. [p. 50.] 
 
 [964.] Whitehall, 4 July : 
 
 William Davys and others of Bristoll Merchants Owners Plantation 
 
 Trade. 
 
 of the Ship Unity and her Lading, John Inion Commander, 
 Setting forth, That the said Ship being laden with 
 Sugars Indigo and other Comoditys at Nevis was in her 
 voyage from thence in the latitude of 44 surprized the 17th 
 of May last by a Caper of Zealand called the Seaven Brothers, 
 Ian Dimineson Commander who endeavoured to carry her 
 for the Groin in Spain, But esp3dng a ffrench Man of Warr 
 of the Kings called the Deporte whereof Monsieur Desha 
 : earanoe was Commander, and being closely pursued by him, 
 he found he could not secure the said Prize, and therefore 
 resolved to burne her, but upon Entreaty of the Master and 
 one Crane a Merchant he did forbear it and freely gave the 
 said Ship to the Master taking out aU the Dutch, and putting 
 the said Master and Company into possession of her who 
 presently hoisted up Enghsh Colours, [but that, notwith- 
 standing, the French Captain in part piUaged her, and sent 
 
Plantation 
 Trade. 
 
 Tobacco. 
 
 Plantation 
 Trade. 
 
 592 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1673. 
 
 her into the Groyne, where, though the English Consul com- 
 pelled the release of the master and mariners, the ship and 
 the remainder of her lading are still detained : Lord Arhngton 
 is instructed to demand restitution from the French 
 Ambassador]. [p. 56. ^ L] 
 
 [965.] Whitehall, 23 July : 
 
 [On the petition of Mary How showing that her husband 
 WiUiam How, master and part owner of the Thomas arid 
 Mary of Exeter, burthen about 50 tons, made a voyage to 
 Jamaica in 1671, and on his return in September 1672 was 
 captured by a Spanish man of war, and still Ues prisoner 
 at Seville, Lord Arlington is instructed to endeavour to obtain 
 his release and compensation for his losses from the Spanish 
 Ambassador.] [p. 62. ^ I.] 
 
 [966.] Whitehall, 31 July : 
 
 Commission to Colonel John Rumsey Collector of his 
 Majesties Customes in the Port of Bristoll. [Much tobacco 
 having been planted in and about Winchcombe in Gloucester- 
 shire, and it being now the season for gathering the same, he 
 is to call to his aid the Sheriff of the County and any other 
 officers, both civil and nuhtary, whom he shall think fit, 
 and to destroy the said tobacco.] 
 
 A like Commission to Taylor to destroy Tobacco in 
 
 Yorkeshire. [p. 67. Tf 3.] 
 
 The Earle of Arhngton [is to] prepare a Warrant for his 
 Majesties Royall Signature directing the Earle of Oxford 
 to ordtr a Troop of Horse of the Regiment under his Com- 
 mand to march to Winchcomb aforesaid to aid and assist 
 Colonel Rumsey ... in burning, plucking up, and 
 destroying [the said tobacco]. [p. 68. ^ 1.] 
 
 [967.] WhitehaU, 26 September : 
 
 Sir Laurence Dibusty Knight [representing that he had 
 a pass] for the Shipp St. Peter of Bayone, whereof Peter de 
 
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 593 
 
 Capperose is Master, the said Shipp happened to be 
 taken in her Passage from Bayone to Boston in New- 
 England, and was afterwards retaken by his Majesties 
 Shipp the Nightingale and carryed into Leith in Scotland as 
 Prize ; and he the said Sir Laurence having humbly besought 
 his Majestie to release the said Shipp and her Lading. [The 
 case was referred to the Commissioners of Prizes, and by them 
 to Sir Robert Wiseman, Judge of the Admiralty, on whose 
 report it is ordered] That the said Laurence Dibusty makeing 
 Oath of the property aUeaged before Sir Robert Wiseman, the 
 Lords Commissioners of Prizes do give effectuall Order for 
 the Restitution of the said Shipp. [p. 102. ]j 3.] 
 
 [968.] Whitehall, 3 October : 
 
 Vpon reading the Petition of the Gouernor, CounciU, and Virginia. 
 Burgesses of his Majesties Colony of Virginia Setting forth 
 the want of a Magazine of Artillery and Armes for horse and 
 Poote with Shot and Powder for the Security of the Country 
 and Shipps Trading there, and their inabiUty to furnish the 
 same themselues. [Sir Thomas Chicheley, Master of the Ord- 
 nance, is directed to furnish them] with as many great Gunns 
 as can be spared (from his Majesties Service here) not 
 exceeding the Number of fifty as also shot in such proportion 
 as he shaU think fit. [p. 108. ]j 4.] 
 
 [969.] Whitehall, 24 October : 
 
 Rebecka Bryen setting forth that she with her Nevis, 
 husband and Two Children lately coming from Nevis, where 
 they lived in good fashion were set vpon in the Nasewinde 
 of BristoU by Dutch Privatiers who killed her husband and 
 tooke from her 750/. worth of Goods to her vndoing, and 
 humbly praying his Majestie to Affoard her some Releife to 
 carry her and her Two Children back again to Nevis. His 
 Majestie in Councill taking compassion on the Petitioners 
 distressed case, was this day pleased to Order that the Right 
 Honorable the Lord high Treasurer doe give effectuall Order 
 
 38 
 
594 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673. 
 
 for the pajTnent of Ten pounds vpon the Dormant Privy 
 Scale as of his Majesties guift and bounty to the Petitioner 
 to returne to her former habitation. [p. 121. ^ 3.] 
 
 [970.] Whitehall, 24 October : 
 
 Plantation [George Pot of London, merchant, petitions that six months 
 after the peace made between England and Spain by the 
 Earl of Sandwich] the Shipp George, and Samuel, Thomas 
 Potts master was seized by a Spanish man of war within 
 Three dayes saile of Jamaica, who tooke out the lading worth 
 lOOOL but restored the VesseU. That since the last Articles 
 with Spaine, the Petitioners Shipp the Susan Joseph Wild 
 master with her lading was taken at Cape Catuche by a 
 Spanish man of warr to his Losse of 600Z. That in May last 
 the Petitioners Shipp called the Virgin Edmond Cooke master 
 saihng from Jamaica for London was taken neere the Havana 
 by a Spanish man of warre Don PhiUp Gerard an Inhabitant 
 of Campecha Comander, in which shipp the Petitioners Losse 
 amounted to 1500Z. besides the losse of Mr. Littleton and 
 others which is valued at least to 4000L more, And hkewise 
 the Petitioner doth averr that since the last conclusion of 
 Peace the Spaniards have taken in the West Indies about 
 50 saile of small and great Enghsh shipps. [Lord Arhngton is 
 to demand restitution from the Spanish Ambassador, and Sir 
 William Godolphin, who concluded the last treaty of peace 
 with Spain, is to be instructed to make representations at 
 the Court of Spain.] [p. 122. ^ 2.] 
 
 [971.] Ibid. 
 
 Nevis. [On the petition of John Smith, Thomas Smith is ordered] 
 
 to attend the Boord in person on Friday the 21th day of 
 November next to Answer the Petitioners complaint, whereof 
 he is not to faile at his perill. And It is further Ordered that 
 the Petitioner doe give security of 500Z. to be answerable 
 for the damage the said Thomas Smith shall sustaine by 
 
1673.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 595 
 
 the dela5ang of his voyage if vpon the hearing it shalbe found 
 the Petitioner had no just cause of Complaint. [p. 123. ^ 2] 
 
 [C.S.P. III. 1155. T.] 
 
 [972.] WhitehaU, 5 December : 
 
 [Lord ArUngton is instructed to write to His Majesty's West Indies. 
 Ambassador at Spain to demand reparation for the ships 
 Humility and Virgin taken in the West Indies by Don 
 Phihp HeUen, ahas Fitz-Gerald, captain of a Spanish man 
 of war, and for the cruelties and murders committed on Mr. 
 Timothy Stamp, merchant, sailing on the Humility, and the 
 mariners of the said ships.] [p. 139. ^ 1.] 
 
 [C.S.P. III. 1178.] 
 
 On 27 February 1674, as no redress has been had in the 
 case of Mr. Stamp, fresh application is ordered to be made 
 at the Spanish Court and through the Spanish Ambassador. 
 
 [p. 185. Tf 3.] 
 [C.S.P. III. 1226. I.] 
 
 [973.] Ibid. 
 
 . John Channon Mariner this day . . . setting Plantation 
 forth, that being Master of a Vessell called the Rebecca 
 belonging to Jamaica and bound for the Barbados, was 
 surprized and taken at the Cape of St. Anthony by certain 
 Souldiers belonging to the Governor of Havana, sent thither 
 to attend the coming of the ffleet from Cartagena, who after 
 seizure of the said Vessell and Goods set the Petitioner and 
 his Men on Shoar in so desolate a place, that in 31 dayes 
 travell they met neither Man Woman or Child, and at length 
 after two Moneths jourmdng coming to the Havanna to 
 demand restitution, the Petitioner was sent Prisoner to Sevile, 
 and continued so for above 7 Moneths, and then was con- 
 demned to worke in the Quicksilver mines for ffour years, 
 with a charge on pain of Death never more to appear in the 
 West Indies ; That by meanes of his Majestys Ambassador 
 at the Court of Spain the Petitioner obteyned his Liberty, 
 but could not get Redresse for his Losses, so that without 
 his Majestys gracious flavour extended to him, he is utterly 
 
Nevis- 
 
 Newfound- 
 land. 
 
 596 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673-4. 
 
 ruined and undone, [he is to give an exact account of his losses 
 to Lord Arhngton, who is to write to the EngUsh Ambassador 
 at the Spanish Court with instructions to represent to the 
 Spanish King his Majesty's just resentment]. [p. 139. 1[ 2.] 
 
 [974.] Whitehall, 10 December : 
 
 Upon Complaint made to the Boord by John Smith . . . 
 of Nevis, That his Brother Thomas Smith had in his 
 absence brought an Action against his Agent in the Court of 
 the said Island upon a pretended Right to severall Cattle 
 (bequeathed to the Complainant by his ffathers last WiU and 
 Testament) that were upon a Pasture as belonging to Bathe 
 Plantation, which in truth they never did, and thereupon 
 through ignorance or corruption of the Jury obteyned a Verdict 
 and Judgement against the Petitioner . . His Majesty 
 finding no just cause for reversing the Judgement given 
 in the said Island as aforesaid, Did Order, that the Biisines 
 be, and hereby is dismissed this Boord, And that the afore- 
 said Bond of 500Z. be cancelled, the said John Smith first 
 pajdng unto his Brother Thomas Thirty pounds in consideration 
 of the Costs and the Damages susteyned by the putting of 
 his Voyage and attending the said Cause here. 
 
 [p. 145. II 1.] 
 
 [975.] Whitehall, January 2 : 
 
 [Restitution on payment of moderate salvage is ordered in 
 the case of three French ships, captured by Dutch capers on 
 returning from fishing voyages to Newfoundland : vizt. the 
 St. Anne of 35 tons burden, Jacques Tanguet master, owned 
 by Philip Caillovet and Francis Baillon of St. Malo, driven 
 by stress of weather into Portsmouth : the Arman of Souder, 
 sent from Chevelet in the River of Bordeaux, Jacques Doridan 
 Lewes Bolerne and Company owners, recaptured by the 
 Dover frigate, and condemned as good prize : and (by order 
 of the 9th) the Harman of Tramlade in France, Jaques 
 Chevalier master, de Rideau Martin and Company Merchants 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 597 
 
 of Rochell, owners, similarly recaptured and brought into 
 Plymouth.] [p. 158. Ulf 1, 2.] 
 
 [p. 160. ^ 1.] 
 [976.] Whitehall, 2 January : 
 
 [The Committee for Grievances are ordered to meet in the Nevia. 
 Council Chamber on Monday, 5 January] to take into their 
 Consideration a Report from the Councill of Trade in the 
 Business between Captain John Rodney and Sir James Russell 
 concerning a Plantation in Nevis, and that the said Captain 
 Rodney should then attend with his CounceU. 
 
 [p. 158. H 3.] 
 [On the 16th, the Council for Trade and Foreign Planta- 
 tions is directed to transmit to the Board a state of Captain 
 Rodney's case and the reasons of their proceedings therein.] 
 
 [p. 165. II 4.] 
 [C.S.P. III. 1207.] 
 [977.] Whitehall, 9 January : 
 
 . . Sir Charles Wheler, Setting forth. That the Petitioner West Indies 
 hath a long time suffered vnder his Majesties displeasure, and 
 therefore humbly praying to be heard at this Board con- 
 cerning his Proceedings in his late Government in the West 
 Indies, [the Council for Trade and Foreign Plantations is 
 ordered to] Represent to his Majestic in Council! by Wednesday 
 next the State of the Petitioners Case which occasioned the 
 Proclamation which Is&ued out against him, wherevpon his 
 Majestic wiU give such farther Order therein as shall be fitt. 
 
 ip. 161. If 1.] 
 [C.S.P. III. 1199.] 
 [978.] Whitehall, 16 January : 
 
 Whereas . . . Mr. Secretary Coventry one of the West indies. 
 Members of the Councill for Trade and Forreigne Plantations 
 did this day dehver in 5 Papers concerning Sir Charles Whelers 
 Proceedings in his Government in the West-Indies, [copies 
 are to be sent to Sir Charles Wheeler ; the Board also requests] 
 an Account of the Names of the Complajniers against the 
 said Sir Charles Wheler and where they dwell, to the end 
 
598 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 they may be sent for ; And that at the day of hearing Henry 
 Slingesby Esqr late Secretary and one of the Members of 
 the said Councill do attend. [p. 165. ^ 3.] 
 
 [On the 21st, Sir C. Wheeler's business is appointed to be 
 heard on the 28th instant, when Captain Gorges, Mr. Bawden 
 merchant, and the widow of Thomas Morley are to attend.] 
 
 [p. 168. H 3.] 
 [979.] Whitehall, 21 January: 
 Plantation Thomas Jarvis Merchant Richard Ashall and WilUam 
 
 Trade. 
 
 How [having represented] That being bound from Jamaica 
 to Virginia in a Shipp called the Thomas and Mary of Virginia 
 valued with her Ladeing at 3000L were taken by a Spanish 
 man of Warr, their Ship plundered, and themselues most 
 barbarously used. And praying releife therein, [Lord Arhngton 
 is ordered to represent the case to the Spanish Ambassador]. 
 
 [p. 168. ^ 1.] 
 [980.] Whitehall, 6 February : 
 
 Nevis. . . . Rebecca Brien who heretofore had Ten pounds 
 
 to carry her and her Children to Nevis, Setting forth that she 
 paid the said money to Captain John Green in Order to their 
 transportation, but that the said Captains vessell being ready 
 to Saile was vnfortunatly blown vp and destroyed, whereby 
 she lost the money and without some further releif is incapable 
 of procuring a passage [the Lord Treasurer is ordered to 
 cause ten pounds more to be paid her]. [p. 172. If 3. J 
 
 [981.] Whitehall, 13 February : 
 
 West Indies. . . Susan Morley Widow of Thomas Morley mariner deceased 
 Setting forth that by the Seizure of the Shipp WiUiam and 
 Nicholas of London at Anguilla according to Sir Charles 
 Wheelers Order, her husband lost to the Value of lOOOZ. 
 wherby She and her poore Children are hke to be vtterly ruyned 
 vnlesse releiued. [A copy of the petition is ordered to be 
 sent to Sir Charles Wheeler, who is to attend when the case 
 is considered by the Board on Friday, 20 February.] 
 
 [p. 177. II 2.] 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 599 
 
 [982.] WhitehaU, 25 February : 
 
 [Sir Francis North, the Attorney General, is to] prepare Navigation 
 a Proclamation to recall his Majesties Declaration of the 
 10th of May 1672 dispencing with some clauses in the Acts of 
 Navigation, and to present the same to this Boord for his 
 Majesties approbation. [p. 183. ^ 2.] 
 
 [On 11 March the proclamation is read at the Board, and 
 ordered to be printed and published.] [p. 190. ^ 4.] 
 
 [983.] Whitehall, 6 March : 
 
 [Captain John Rodney praying] That his Majesty would Nevis. 
 be pleased to admit his Appeale from a Sentence given against 
 him in the Island of Nevis by James Russell Esqr Governor 
 of the said Isle in the year 1670, for dispossessing the 
 Petitioner of a Plantation he then held in right of his Wife 
 ffrances the Rehct of WiUiam Richardson Merchant, and 
 graunting the same to one Thomas Cole in hew of a Debt 
 pretended to be owing to the said Cole from the said WiUiam 
 Richardson. [The appeal was admitted, and the matter 
 is ordered to be heard at the Board, the appellant being 
 instructed to give timely notice to all concerned.] 
 
 [p. 188. Tl 5.] 
 
 [984.] "WhitehaU, 11 March : 
 
 [The Committee report] That in pursuance of an Order of West indies, 
 his Majesty in Council of the 27th of ffebruary last they have 
 examined and seriously considered the Case of severaU EngUsh 
 Merchants, who trading into the West Indies have been 
 barbarously and inhumanely treated, despoyled of their 
 Ships and Goods, and tortured and murdered by the Spaniards 
 in those parts. And conceiving that the occasion of the afore- 
 said Usages (not being able to assigne any other Cause) may 
 have arisen by the EngUsh cutting of Logwood at Jucatan ; 
 Which being a beneficiaU Trade, and used by the EngUsh in 
 uninhabited Places only, where are neither ffortifications, 
 Castles, Magazines or Warehouses possessed by the Spaniards, 
 And for that their Lordships have been informed, That there 
 
600 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 have been about 300 of his Majestys Subjects inhabiting Winter 
 and Summer at Jucatan (where they cut the said Logwood) 
 for Eight years past, and not any of them within ffourty ffive 
 Leagues of any Spanish Plantation, and for that it appears 
 that divers Enghsh Ships have been ill treated by the Spaniards 
 in the same manner, who have not had any Logwood on board, 
 and divers that had Logwood on board had bought it in his 
 Majestys Plantation of Jamaica. Their Lordships are therefore 
 humbly of Opinion, That Reparation and Satisfaction for the 
 aforesaid Injurys be earnestly insisted on, and demanded both 
 at the Court of Spain, and of the Spanish Ambassador here 
 And particularly for the Injurys and Damages susteyned by 
 Edmond Cooke Master of the Virgin, WiUiam How Master 
 of the Thomas and Mary of Virginia, Matthew ffox Master 
 of the HumiHty, and John Channons Master of the Rebecca 
 Sloop and the Owners and Adventurers in the said Vessells, 
 And if the same be denyed or unreasonably delayed, That his 
 Majesty cannot in Honour or Justice deny his Subjects the 
 Liberty of taking such course for their Reparation, as is 
 agreeable to the Law of Nations by way of Reprizall, And in 
 the interim, that notice be given to his Majestys Subjects 
 residing in those parts to prepare to defend themselves against 
 any the hke attempts that may be made on them in those 
 parts by the Spaniards. And in regard it appeared to their 
 Lordships, That Capt. ffitz Gerald, and Captain Yellows two of 
 ' his Majestys Subjects revolted to the Spaniards are the Cheif 
 Instruments of the aforesaid Injurys and Depredations, Their 
 Lordships are of opinion. That a Proclamation be issued for 
 recalHng of his Majestys Subjects from the Service of any 
 fforrain Prince between the two Tropicks in America with 
 a Promise of Pardon if they render themselves within a con- 
 venient time. And that the Governor of Jamaica receive 
 speedy Order for securing both the said Persons, if they shalbe 
 found so offending after the time hmitted, within his 
 Government or elswhere, and to cause them to be sent 
 Prisoners into England, by the first Passage. 
 
1674.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 601 
 
 [His Majesty, approving of the said report, ordered it to 
 be given to Lord. Arlington for use in obtaining redress and 
 the continuance of the trade in logwood.] [p. 189. Tj 1.] 
 
 [C.S.P. III. 1226 IV.] 
 
 [985.] Whitehall, 20 March : 
 
 Whereas Capt. John Rodeney did ... set forth, That Nevis, 
 it will require some time to send to the said Island of Nevis 
 for authentique Copies of the Proceedings made against the 
 Petitioners Estate, as also for the taking of such Depositions 
 and Evidence as is material! in the cause. And that he hath 
 several Wittnesses in England, who may either be dead, or 
 otherwise dispose of themselves to some fforrain parts before 
 the said Cause be heard and determined. And therefore Praying 
 his Majesty would be pleased to appoint some Persons to 
 take the Depositions of such Wittnesses as the Petitioner 
 shall produce in England and Nevis, and that their Testimony 
 so taken may be admitted as lawfuU Evidence when the said 
 Cause comes to a Hearing, [the Lord Keeper is ordered to 
 cause a commission or commissions to be issued under the 
 great seal of England to such persons as his Lordship shall 
 judge proper to take such examinations]. [p. 194. ^ 4.] 
 
 [986.] WhitehaU, 22 April : 
 
 Wilham Idle Master, of the Shipp Batchellor of New York. 
 Hull ; Setting forth, That the Petitioner (with his said Ship) 
 was in July last taken at New Yorke by Everson and Banoasse, 
 and from thence carryed Prisoner to Cales, where (wayting 
 his opportunity) on the 24th of March last at Night, with a 
 Boate and 8 Men Boarded his said Shipp, secured the Dutch- 
 men, and brought her safe off through 140 sayle of Shipps 
 in the Road with what Loading shee had then in her, without 
 Anchor, or Cable, to Plymouth, where shee now remaynes 
 with some Officers of the Admiralty on Board ; And Praying, 
 that his said Shipp and Goods may be discharged, he haveing 
 regayned her with great hazard and charge ; [The case is 
 referred to the Admiralty for examination and report] to the 
 
602 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 end his Majestie may know the true state of the Matter, His 
 Majestie being -graciously pleased to bestow the Ship and all 
 her own Ladeing without Salvage on the Petitioner. 
 
 [p. 205. If 1.] 
 
 [987.] Whitehall, 1 May : 
 
 St. . , . Sir Charles Wheler Baronett, Complayning That 
 
 Christopher. -, ■, 
 
 Col. Strode hath received out of the Exchequer and diverted 
 to his owne private vse the summe of 27181. Os. 8d. which 
 was assigned to the petitioner by a Privy Seale, for the raysing 
 of Two Companyes of Foote in the West Indies, and for pay- 
 ment of them for one yeare, for the security and defence of 
 the Island of St. Christophers, to the great discredit and 
 damage of the Petitioner, [Colonel Strode is to have a true 
 copy of the said petition and] to returne his Answer therevnto 
 in writing to this Board with aU convenient speed. 
 
 [p. 216. II 3.] 
 [On the 8th, the case is appointed to be heard on the 13th.] 
 
 [p. 220.] 
 
 [988.] Whitehall, 6 May : 
 
 Plantation . . Thomas Biss Merchant of BristoU, Setting forth. 
 
 Trade 
 
 That for security of his Trade during the late warr, he bought 
 
 for his sole Account a Flemish Pink of Sixty Tunns called 
 
 the St. Martin of Bruges Jasper Bart Master ; That since the 
 
 Peace, he hath called her the Antego Merchant of BristoU, 
 
 William Joyner Master, and intendeth to imploy her in the 
 
 West India Trade. And forasmuch as by the Blessing of 
 
 Peace, Trade is every where encreased, and that there 
 
 appeares a reall want of Enghsh Built Shipping to carry it 
 
 on, and humbly praying his Majesties favour to cause the said 
 
 Pink . . to be made a ffree Ship [the petition is granted]. 
 
 [p. 217. H 2.] 
 
 [989.] Ibid. 
 
 New York. [The report of the Commissioners of the Admiralty in 
 the case of the Bachelor having been read, the matter is 
 referred back to them for a more detailed report of the facts 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 603 
 
 of the case,] and that their Lordships advise with his Majesties 
 Councell Learned in the Civill Lawes, what may be fitt for his 
 Majestie to Order touching the said vessell, with reference 
 to any dispute which may hereafter happen to arise from 
 the Crowne of Spain in relation thereto. [p. 217. ]| 3.] 
 
 [990.] WhitehaU, 6 May : 
 
 [The Commissioners of the Customs having represented Plantatioii 
 Viscount Latimer, the Lord Treasurer, that the order of the 
 Board of 13 February, 1661, relaxing the Navigation Act 
 in favour of New England, is uimecessary, since] they 
 . . finde, that the Commodityes abovenamed, are really not 
 confined to be brought home hither, as is pretended, but that 
 sufficient Liberty is given to the Merchants by the said Act. 
 the said Order ... is hereby Revoked and 
 made voyd, whereof the Lord High Treasurer of England is 
 to take notice, and to give such Orders, and directions therein 
 as shall be necessary. [p. 221. ^ 4.] 
 
 [991.] Hampton Court, 27 May: 
 
 Whereas the 19th of this instant May Sir Charles Wheler '^^'''s* Indies. 
 Baronett and Col. Strode did mutually name, and make 
 choyce of Arbitrators to settle and compose aU Accompts 
 and Differences between them, and it now appearing, that the 
 said Arbitrators [refuse to act, both parties are ordered to 
 attend the Lord Keeper of the Great Seal, to choose other 
 arbitrators, and to settle the terms of the reference]. 
 
 [p. 230. 11 2.] 
 
 [992.] Hampton Com-t, 3 June : 
 
 [At the second attempt to appoint arbitrators] Sir Charles West indies. 
 Wheler haveing Named Mr. John Page Merchant, and Col. 
 John Strode named Sir Richard Ford Aide. man of London 
 [these arbitrators are authorised to determine aU the matters 
 in dispute between the parties,] and particularly the difference 
 concerning the Partnership and Joynt-Intrest in the ffarmers 
 of the 4 & J per Cent of Barbados and the Leeward Islands, 
 and to call for all Books, Papers, and Vouchers necessary 
 
604 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 for the informing their Judgments of the truth of all and 
 singular the Matters hereby Referred to their determination. 
 And Mr. John Buckworth may, if he pleaseth assist the said 
 Sir Charles in Stateing and makeing out his Accompts before 
 the said Arbitrators or Vmpire ; And Mr. Strode may like\\dse 
 be assisted in Stateing his Accompts by whom he pleases ; 
 ^^^lich said Sir Charles AATieeler and Col. Strode are required 
 constantly to attend the said Arbitrators and Vmpire hereafter 
 named, either themselves in Person (when they can so doe) 
 or by their Agents, at such times and places as they shall 
 appoint, And in Case either of them shall neglect to attend 
 either in person or by his Agents (they haveing due notice of 
 their meeting and appointment) Then and in such Case, the 
 said Arbitrators (by the Consent of the said partyes) shall, 
 and are hereby Authorised to proceed to make their Award, 
 and bring the Matters in difference between them to a Deter- 
 mination in their absence, takeing the matter AUeaged against 
 the party so neglecting to attend pro confesso. [Failing a 
 decision by the arbitrators within ten weeks from this date, 
 the matter is to be left to an umpire appointed by his 
 Majesty,— Sir William Thomson, one of the Commissioners 
 for the Customs, — who may be by consent of both parties 
 present at the meetings of the arbitrators, and whose award, 
 to be made within three months from the present date, is to 
 be accepted by both parties. To secure the interests of the 
 King and of the several parties in the 4J% duty,] It is 
 further Ordered by Consent of Sir Charles Wheler and Col. 
 Strode That aU Goods which are, or shaU be Imported from 
 the Barbadoes vpon the Accompt of the ffarmers of the 
 
 4 & J per Cent, shall be received and taken vp by Mr. 
 Samuell Tyrrill and Mr. Francis Tyrwhitt, which said 
 Mr. SamueU Tyrrill is hereby Declared to be intrusted with 
 
 5 eight parts thereof, and is to Act therein on behalfe of Col. 
 Strode and Mr. Spencer ; And Mr. Francis Tyrwhitt Is also 
 intrusted with 3 eight parts thereof, and is to Act therein on 
 the behalfe of Sir Charles Wheeler. 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 605 
 
 And Mr. Tyrrill and Mr. Tyrwhitt are to putt in such security 
 as the Lord Treasurer shall approve, that they will Answer and 
 pay into the Exchequer so much of the neate Proceed of 
 their respective proportions wherewith they are intrusted, as 
 shaU be necessary for the payment and satisfaction of the 
 Rent, and Arreares due to his Majestic and the residue thereof 
 if any be, shall and will pay by like proportions vnto the 
 partyes for whom they stand intrusted. 
 
 And the said Sir Charles Wheler haveing presented one other 
 Petition to his Majestie in CounciU, touching his Estate in 
 the Island of Nevis, and Complayning of the lUegale Pro- 
 ceedings of Lieutenant Col. Stapleton his Maejsties Governor 
 in Cheife of the Leeward Islands, by takeing away, his Estate 
 Reall and personall ; [this will be considered by his Majesty 
 when the differences between Colonel Strode and Sir Charles 
 Wheeler have been ended. In the mean time,] It is Ordered, 
 That the Three Hundred and ffifty Pounds part of the Privy 
 Scale of Seven Hundred Pounds Assigned by Sir Charles to 
 Col. John Strode, and yet remayning vnpayd. And the Two 
 severall summes of Money, one of them of 1162L 13s. 02d. and 
 the other of 569/. 19s. 02d. which the said Sir Charles, Charged 
 by Two severaU Bills of Exchange Dated the 8th of Aprill 
 1671, vpon the Right Honourable the late Lords Commissioners 
 for his Majesties Treasury, and made payable to the said 
 Col. John Strode, Which summes are not as yet any of them 
 payd, shall all of them remayne by Consent of both partyes 
 in his Majesties Exchequer vntill the matters aforesaid hereby 
 Referred to Arbitration, shall by the said Arbitrators, or 
 Vmpire, pr otherwise be Determined, And that they shall not 
 in the meane time be payd out either to the said Sir Charles, 
 or Col. John Strode. [pp. 232-233.] 
 
 [993.] Hampton Court, 10 June : 
 
 It is this day Ordered by his Majestie ^in CounciU that vvest indies 
 Commissary Banes doe give in to the Clerk of the CounciU 
 a list of the names of such soldiers as served in the Regiment 
 
606 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 of Sir Toby Bridge in the West Indies, and departed vpon 
 Furloes from their Superior Officers, and which of those 
 Furloes were to hcence their absence for a prefixt tyme, and 
 which not, To the End that care may be taken for the pay- 
 ment of the Arreares of those soldiers who came away with 
 the hcence of their said officers. [p. 242. ^ 2.] 
 
 [The account of the arrears due to such soldiers as] have either 
 produced Furloes or Passes (as to time vnlimitted) or ample 
 discharges from the Officers of their respective Companies, 
 [amounting in all to 2498?. 19s. 3d., is presented on the 26th 
 and referred to the Lord Treasurer to be paid, if no objection 
 can be made thereto]. [p. 250.] 
 
 [994.] Hampton Court, 26 June : 
 Plantation TThe Phoenix of London, William Carver master, bound for 
 
 Trade. 
 
 Jamaica, was in November last seized by the Dutch and carried 
 to the Groyne, but not adjudged prize. Sailing thence she 
 was captured by the Nonsuch frigate. The Commissioners 
 for the Admiralty are ordered to investigate the matter, and 
 either to settle it, or to report.] [p. 250. ^ 2.] 
 
 [995.] Ibid. 
 
 West Indies . . Captain James Barret Setting forth that he served as 
 Captain in the Regiment of Sir Toby Bridge in the West 
 Indies, and afterwards in his highnes Prince Ruperts Regi- 
 ment of Dragons vntill that in may 1673 he was reduced 
 for being a Roman Catholique. That he hath arreares due 
 to him for his Service in the West Indies the whole moyty 
 wherof he is cut short off in an accompt made vp by Mr. 
 ffiUingham, but for what reason he knowes not. That the 
 Petitioner hath contracted Debts for his maintenance since 
 his reducement vpon the Credit of these arreares for which 
 he is dayly threatned to be arrested. And praying his Majestic 
 will please to Order that the Moytie of his arreares which are 
 already stated and allowed may be forthwith paid him, and 
 that it may be Referred to the Lord high Treasurer to 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 607 
 
 examin whether the Other Moytie ought to be paid him or 
 not. [The Lord High Treasurer is accordingly directed to 
 give orders for the payment of the arrears akeady stated 
 and allowed, and to examine the reason for omission of the 
 other arrears claimed and to do therein what shall seem fit 
 and just.] [p. 251. ^ 1.] 
 
 [996.] Hampton Court, 3 July : 
 
 [Edmond Cooke having fully set forth the case of the Plantation 
 seizure of the Virgin by the Spaniards, and the denial of] 
 Reparation at the Havanna, where the same was demanded 
 by an Agent sent on purpose from the Governour of Jamaica, 
 and unreasonably delayed here by the Spanish Ambassador, 
 [prays for letters of reprisal. His Majesty, admitting the full 
 justice of the request, but wishing to treat the Court of Spain 
 with much tenderness, orders Cooke to wait upon Lord 
 Arlington] and present some fit Person to his Lordship to be 
 sent with Credentials from his Majesty to the Court of Spayne, 
 and therewith to attend his Majestys Ambassador in order 
 to the procuring Satisfaction and Reparation for the Losses 
 and Damages so as aforesaid susteyned. [If satisfaction for 
 these damages, amounting in all to 12,863Z. 8s. l\d., be 
 delayed above the space of four months after his arrival, 
 letters of reprisal will be issued.] [p. 252.] 
 
 [C.S.P. III. 1320. I.] 
 [997.] Ibid. 
 
 . . Robert Yate, Thomas Earle and Robert Henle Merchants Plantation 
 of Bristol! [set forth that their ship the Joseph, laden with '^''^'i®- 
 tobacco, was taken by two Dutch Capers within the soundings 
 on the 30th of March last in her return from Virginia to Bristol ; 
 that notwithstanding his Majesty's letter of 1st May to the 
 States General of the United Provinces, their agent in Rotter- 
 dam reports that the power and interest of their adversarys 
 is such that he doubts of having any justice done in the case 
 without his Majesty's further favour to them. Mr. Secretary 
 Coventry is ordered to direct Sir WilKam Temple, Ambassador 
 
608 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 at the Hague, to examine into the matter, and finding the 
 petitioners to deserve relief, to support them in every way]. 
 
 [p. 253. Tl 2.] 
 
 [On 13 November they again petition that Sir WiEiam 
 Temple has been unable to prevail upon the judges to do 
 anything which may offend the said capers. His Majesty 
 resolves to write himself to the Prince of Orange, and orders 
 Mr. Secretary Williamson to draw up a letter for his signature.] 
 
 [p. 310. ^ 1.] 
 
 [On 19 May, 1675, they are still unable to obtain redress. 
 Mr. Secretary Williamson is therefore instructed to prepare 
 for his Majesty's signature] a very effectuall Letter to Sir 
 Wilham Temple . . . Requiring him to presse the States 
 Generall. [p. 420. Tj 3.] 
 
 [998.] Hampton Court, 3 July : 
 West Indies. Whereas James Cooke did . . . humbly shew, That 
 there being due unto him certain Arreares for his Service in 
 the Barbados Regiment in the West Indies, The Lord High 
 Treasurer of England finding him fairly quahfyed did on the 
 12th of May last put the said Arrears into the hands of Com- 
 missary Baines to be forthwith paid the Petitioner, but the 
 said Comissary without any Order for that purpose doth stop 
 the payment thereof unto the Petitioner upon pretence of 
 a Debt due to one Lloyd, a Person hving in the West Indies, 
 whereas in Truth the Petitioner oweth no such Debt, and hath 
 offered to enter sufficient Bayle to any Action at Law the said 
 Lloyd or his Agent here shall commence against him, And there- 
 fore most humbly Prayed to be releived herein he being much 
 damnifyed by the unjust Stoppage of the said Money, 
 [Commissary Baines was accordingly directed forthwith to 
 pay the petitioner his arrears]. Or otherwise that he shew 
 good Cause to the contrary to this Boord on ffriday the 10th 
 instant. [p. 255. y^ 3.] 
 
 [On the 10th, the reasons for delay appearing to be 
 insufficient, order is given for payment of the arrears, Cooke 
 giving security to answer Lloyd's claims at law.] [p. 258.] 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 609 
 
 [999.] Hampton Court, 10 July : 
 
 [On the petition of Captain William Idle, it is ordered New York. 
 that when the claims to the several goods in the ship Bachelor 
 have been settled, Captain Idle is to have, of the King's 
 bounty for his exploit in regaining the ship and his losses by 
 its detention,] all that Share and part in the said Goods and 
 Lading, which shalbe adjudged to his Majesty. 
 
 [p. 257. U 1.] 
 
 [1000.] Ibid. 
 
 . . William Smith on behaK of himself, and John Garnet st. 
 an Infant Son of Mr. Thomas Garnet of St. Christophers ^^"^ "^ "'"^^ 
 deceased, . . . Setting forth, That he was formerly an 
 Inhabitant of his Majestys Island of St. Christophers where 
 he had not only a plentifuU Estate of his owne, but after- 
 wards marrying a Rehct of one Mr. Thomas Garnet, he was 
 possessed in right of his Wife, and of the said Infant of a large 
 Plantation with a personal! Estate in Slaves, Sugars, Indigo, 
 and other Goods to a very great value all which in ApriU 1665 
 when the ffrench tooke the said Island, because the Petitioner 
 would not swear Allegiance to the ffrench King, and renounce 
 aU other Christian Kings, He was forced to leave to the 
 ffrench to the utter ruine of himself and ffamily, who could 
 not be permitted to go to some other of his Majestys Planta- 
 tions, but was thrust on board with some small quantity 
 of Goods which the Enemy pretended to give the Petitioner 
 for his said Plantation and Slaves, and carried with his ffamily 
 to GaUicia in Spain and from thence to RocheUe, where they 
 turned the Petitioner on Shoar but detejoied the said Goods 
 from him. That after much time and hardship the Petitioner 
 got Leave to transport himself and ffamily into Ireland, where 
 he hath ever since Hved untill within these few Moneths, 
 and never heard of the Restauration of the said Island, 
 nor of his Majestys Proclamation for the old Inhabitants to 
 returne unto their Estates, untill after the time hmited for 
 their Returne was expired, by means whereof the Petitioner 
 and the Infant are like to be deprived of their Estate so 
 
 39 
 
610 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 lawfully descended unto them only for their Loyalty, being 
 in point of time precluded (as the Petitioner is informed) 
 from the Redemption thereof by an Article in the Treaty of 
 Breda. And Praying That his Majesty would be pleased 
 to direct some Course whereby the Petitioner may be restored 
 unto his Plantation, or to bestow upon him so many Acres 
 of Land there in his Majestys Disposal! commonly called Kings 
 Land, as his Majesty shall thinke fit. Which his Majesty having 
 taken into consideration, and that the graunting the Peti- 
 tioners Request wiU contribute to the repeopling the said 
 Island, Was pleased to Order [the Lord High Treasurer, on 
 being satisfied of the truth of the petitioner's allegations, to 
 assign as many acres of the said district of King's Land to the 
 petitioner as his Lordship shall judge suitable.] 
 
 [p. 258. U 1.] 
 [1001.] Hampton Court, 10 July : 
 
 West Indies. The humble Petition of several late Souldiers in the Caribee 
 Islands in the Regiment of Sir Tobias Bridges [for payment 
 due for service therein, is referred to the Lord High Treasurer,] 
 to give such Order thereupon as his Lordship shall judge 
 necessary. \p 258. ^ 5.] 
 
 [1002.] Hampton Court, 17 July : 
 plantation [The owners of the Thomas and Mary set forth that in 
 
 Trade. pursuance of an order of the Committee they have made out 
 
 upon oath in the High Court of Admiralty the barbarous 
 usage they received from the Spaniards in the West Indies, 
 and have given particulars of their losses, amounting in all 
 to 6000?. The Court of Spain having given no satisfaction, 
 they ask for letters of reprisal. They are ordered to present 
 to Lord Arlington some fit person to be sent to the Court of 
 Spain with the same credentials as those given to the repre- 
 sentative of the Virgin. If satisfaction is not made within 
 four months of their arrival at the Spanish Court, His Majesty] 
 will and must graunt Letters of Reprizall . . according 
 to the Law of Nations and the 14th Article of the Treaty con- 
 cluded at Madrid the ^^th day of July 1670. [p. 261. ^1 2.] 
 
1674.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 611 
 [1003.] Hampton Court, 17 July : 
 
 [A Commission in the usual terms to John Man Esquire, Tobacco. 
 General Surveyor of his Majesty's Customs, and John Clement, 
 his assistant, to destroy the great quantities of tobacco now 
 ready to be gathered in the Counties of Gloucester, Wilts, 
 Hereford, and Worcester. 
 
 A similar commission to Richard Taylor, Waiter and 
 Searcher at York, for the County of Yorkshire. 
 
 An order to the Duke of Monmouth to assist Man and 
 Clement with a troop of horse.] [p. 262. ^][ 1, 2, 3.] 
 
 [1004.] Hampton Court, 24 July : 
 
 Sir ffrancis Gerrard Knight and Baronet Sir Gilbert Bermudas 
 Gerrard Knight Richard Chandler Esqr James Jauncy Hugh 
 Noden Merchants and others members of the Sommer Islands 
 Company . . . Setting forth. That his Majesty out 
 of a tender Care of the Safety of those Islands was graciously 
 pleased to signify his Royall Pleasure to the said Company 
 in the time of the late Warr with the Dutch, not to alter the 
 Government of those Islands being then in the hands of Sir 
 John Heydon Knight, during the then conjuncture of Affaires, 
 notwithstanding which a major part of that Company have 
 by their power and prevalency lately outed the said Sir John 
 Heydon, and elected one Samuel Whaley to succeed in his 
 place, without attending his Majesty for determination of 
 iis Royall Pleasure signifyed as aforesaid, although the said 
 Whaleys Principles as apprehended by the Petitioners may 
 be prejudiciall to his Majestys Service in the Good and Safety 
 of those Islands, and have been heretofore so represented 
 to his Majesty, And therefore Praying, That the said Sir John 
 Heydon may be continued in the said Government, and Mr. 
 Whaleys Commission suspended [it is ordered that the Com- 
 pany] do continue the said Sir John Heydon in the place of 
 Governor of the said Sommer Islands as formerly, And that 
 any Commission for conferring the Government of those Islands 
 on Mr. Samuel Whaley be suspended untill his Majesty shall 
 
612 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 Leeward 
 Islands. 
 
 Plantation 
 Trade. 
 
 have declared his further Pleasure concerning the same in 
 regard it very much imports the Good of his Majestys Service. 
 
 [p. 263. If 2 ] 
 
 [1005.] Whitehall, 4 September : 
 
 [The arbitrators between Sir C. Wheeler and Col. Strode 
 finding the business of more length than was expected, and 
 being delayed by the indisposition of some of those concerned, 
 are allowed tiU the first day of the next term for their arbitra- 
 tion, and the umpire, Sir Wm. Thomson, is added as an 
 arbitrator to settle all differences.] [p. 267. ^ 2.] 
 
 [1006.] Ibid. 
 
 [The Council refer to the Customs for consideration and 
 report on next Coimcil day, the petition of] Henry Meese, James 
 Thierry, MichaeU CUpsham, and others of London Merchants, 
 Setting forth, That the Petitioners relying on his Majesties 
 Declaration of the 10th of May, 1672, for suspending the 
 Act of Navigation, did, in the Moneths of December January 
 and February last, hire, and ffreight the severall Forreigne 
 Shipps hereafter mentioned, vizt. the King David of Ham- 
 burgh, the Queen of Swedland of Stoad, the Burgh of Staden, 
 the Salvator of Staden, and the St. Laurence of North- 
 Bergen, for his Majesties Plantations of Virginia and Barbados, 
 and were some of them departed, and others Loaden ready 
 to depart before his Majesties Proclamation of the 11th of 
 March 167'/* for recaUing dispensations to Forreigne Ships, 
 came forth ; And whereas the Six Moneths limitted by the 
 said Proclamation wiU be expired the 11th of this instant 
 September And Praying, That if One, or more of the said 
 Ships should happen not to arrive within the said Hmitted 
 time, they may neverthelesse enjoy the benefitt of his 
 Majesties Dispensation. [p. 268. If 1.] 
 
 [On 9 September a similar petition by Warwick Yard 
 for the Mark of London, foreign-built, Jeffrey Winchaut 
 master, returning from Barbados, is referred to the Lord 
 Treasurer.] [j, 270. ^ 4.] 
 
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 613 
 
 [1007.] Whitehall, 9 September : 
 
 [Martin Stamp petitions that though the Board has Plantation 
 several times ordered Lord Arlington to write to the Court 
 of Spain, representing] his Majesties just resentment of the 
 Barbarous Murther of the Petitioners Brother, and most of 
 the Men in the ship called the Humihty of London, Committed 
 by one Captain Fitz Gerrard, by Authority from the Governor 
 of the Havanna, as also of the losse sustajmed by seiseing and 
 plundring the said ship to the value of 5000L, whereof the 
 said Governor had his share, after he had given them Licence 
 to goe on their Voyage with a protection against all Spanish 
 Ships, [he can yet obtain no satisfaction whatever. It is 
 ordered that one of his Majesty's principal secretaries of state 
 do write effectually to the EngUsh Ambassador in Spain to 
 demand satisfaction ; if this is not given within four months, 
 letters of reprisal will be granted. The Ambassador] is to 
 putt this Case into the same Condition in aU respects with the 
 rest lately Transmitted to him by an Expresse. 
 
 [V. 271. H 2.] 
 [C.S.P. m. 1351.] 
 
 [1008.] Ibid. 
 
 [Upon the petition of Captain WiUiam Idle of the ship New York. 
 Bachelor it is ordered]. That the Commissioners for Mannage- 
 ing and Collecting the Rights, dues, and perquisits belonging 
 to the office of Lord High AdmiraU of England in time of 
 Warr, do cause the Goods aboard the said Ship (except such 
 as are abeady restored) to be sold at the best Markett 
 according to the Sentence of the Court of Admiralty, and 
 then his Majestie will gratifie the Petitioner according to the 
 proportion promised. iV- 271. T[ 3. J 
 
 [1009.] Whitehall, 11 September : 
 
 [The Commissioners of the Customs report on the petition Plantation 
 
 of Henry Meese and others referred to them on 4 September] : 
 
 haveing Examined the Booke of your Majesties 
 
 Searchers of this Port, [and the CoUectors' Book of Falmouth, 
 
 we find that the King David cleared out of London for 
 
614 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1674. 
 
 Jamaica. 
 
 Virginia, on 3 Feb. 1674, the Burgh of Staden and the Queen 
 of Swedland on 3 March 1674 : and the Salvator of Staden 
 from Falmouth on 16 March 1674], and wee believe they have 
 plyed their Voyages with dihgence, and endeavoured to retume 
 within the time hmitted by your Majesties Proclamation of 
 the 11th March 1673[4]. But being not yet returned, wee 
 humbly offer them as fitt Objects of your Majesties grace and 
 favour, That they may enjoy the benefitt of your Majesties 
 said Indulgence of the 10th May 1672 haveing proceeded 
 vpon the encouragement thereof. And wee doe humbly 
 Informe your Majestie that the Ship the Laurence of Hambro 
 in the Petition also Named since the said Petition to your 
 Majestie, is Arrived and now in Discharge in this River. 
 [It is ordered that] the Petitioners do attend the Right 
 Honorable the Lord High Treasurer of England therewith, 
 who is desired (if he have nothing to object against it) to 
 give Order in this Business according to the said Report. 
 
 [p. 272. H 4.] 
 
 [1010.] Whitehall, 25 September : 
 
 An Estimate of the Charge of Ordnance, Carriages, Powder, 
 Shott, Match, Armes, and sundry other Stores and Provisions 
 of Warr, demanded by [the Governor, Lord Vaughan, as neces- 
 sary for the supply of Jamaica, amounting to 6951Z. 10s. IQd. 
 was approved, and the Lord High Treasurer instructed to 
 have a Privy Seal prepared for payment of the said sum to 
 the Treasurer of the Ordnance]. [p. 278. ^ 1.] 
 
 Plantation 
 Trade. 
 
 [1011.] WhitehaU, 4 November : 
 
 [The Royal African Company setting forth that by letters 
 patent they enjoy a monopoly of the trade on the West 
 Coast of Africa] fEor the Security whereof the Petitioners 
 have there setled divers Garrisons fforts and ffactorys, and 
 have been during the late Warrs and still from time to time 
 must be at vast expence for mainteyning the same, Never- 
 thelesse the Petitioners have lately received Advice that 
 severall Ships from New England and divers other parts of 
 
1674. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 615 
 
 his Majestys Dominions in America and also the Dutch and 
 severall other fiorrainers being invited and encouraged there- 
 unto by some of the Governors of his Majesties Plantations, 
 do trade thither for Negro's and other Goods and Merchandizes 
 of the Product of Guinee directly contrary to the Act of 
 Navigation, which if not prevented wilbe the utter destruc- 
 tion of the Trade into those parts, And therefore Prajang 
 That his Majesty would be pleased to issue out his Royall 
 Proclamation prohibiting all his Subjects whatsoever, except 
 the Petitioners, to send any Ships, or to trade from any his 
 Majestys Plantations to the said Coasts of Africa within the 
 Limits of the Petitioners Charter. It was Ordered by his 
 Majesty in Councill, That a Copy of the said Petition be sent 
 to Sir Francis North his Majestys Attorney Generall, who is 
 hereby required to prepare the Draft of a Proclamation 
 according to the tenour of the Petitioners Request, and present 
 the same to this Board on Wensday the 11th instant. And it 
 was further Ordered, That some in behalf of the Petitioners, 
 and also some of the Planters and Merchants concerned in 
 his Majestys American Plantations and the Trade thereof 
 do attend his Majesty in CounciU on the said 11th instant in 
 order to the setling the severaU Rates and Prices of such 
 Negro Servants as shalbe carried from Guinee to any of the 
 said Plantations. [p. 300. ^f l.J 
 
 [On the 25th the draft of the proclamation is approved 
 and it is ordered to be engrossed for his Majesty's 
 signature in order to have the same forthwith printed and 
 pubKshed.] [p- 316. If 2.] 
 
 [1012.] Whitehall, 6 November : 
 
 [The Council refer to the Commissioners of Prizes the petition West indies, 
 of] Gilbert Pickering, Thomas Peachy, Robert Coat and 
 severall others Seamen belonging to the Hired Ship, Thomas 
 and ffrancis Capt. Gallop Comander Shewing, That on the 
 26th of ffebruary last they tooke the Ship Susannah from the 
 Dutch off Corassoe as they came from Guinee, wherein were 
 
616 ACTS OF THEP RIVY COUNCIL (COLONIAL). [1674-5. 
 
 Plantation 
 Trade. 
 
 600 Negroes and upwards, and 271 Markes of Gold besides other 
 Goods of considerable value, That the said Ship having Letters 
 of Marque, the said Negroes (being between Decks) properly 
 belonged to the Petitioners, yet the said Captain and the 
 Governor of Jamaica sold and converted them all to their 
 owne use without allowing the Petitioners any Share or part 
 thereof contrary to his Majestys Proclamation for Encourage- 
 ment of Seamen, And therefore Praying some Course may be 
 taken for their Releif herein. [p. 303. ^ 4.] 
 
 [1013.J Whitehall, 2 December : 
 
 A Minute of Letters of the tenour following to the severall 
 Governors of his Majestys Plantations in America hereunder 
 written. [Recapitulates the proclamation of 30 November 
 confirming the monopoly of the Royal African Company, 
 encloses a copy of the proclamation, and orders its punctual 
 observance], not only by discouraging and hindring as much 
 as in you lyes aU Attempts and Endeavours contrary there- 
 unto, but by affording your utmost Assistance to the said 
 Company or their Agents in taking the fforfeitures of such 
 Persons as shaU presume to transgresse the said Proclamation, 
 and otherwise, as to you shall seem best for procuring all 
 due obedience to his Majestys Comands in this particular. 
 
 Barbados 
 Jamaica 
 Nevis and 
 Leeward Islands 
 Virginia 
 Maryland 
 Carohna 
 New England 
 New Yorke 
 Bermudas 
 
 New 
 England. 
 
 Sir Jonathan' Atkins. 
 Lord Vaughan, 
 
 Col. Wihiam Stapleton. 
 
 Sir WiUiam Berkeley 
 Charles Calvert Bsqr. 
 Sir John Yeomans. 
 John Leveret Esqr. 
 Major Edmond Andrews. 
 Sir John Heydon. 
 
 [p. 322.] 
 [1014.] WhitehaU, 13 January : 
 
 Vpon reading this day at the Board the humble Petition 
 of Eerdinando Gorges, as also the Petition of Robert Mason, 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 617 
 
 Complayning of the vnjust deaUngs of the Massathusetts 
 towards them, in dispossessing them of their jrespective 
 Inheritances in the Provinces of Mayne, and New Hampshire 
 in New England [The petition is referred to the Committee, 
 which is ordered to meet on the 14th instant at 3 in the after- 
 noon, and to report to the Council on Friday next]. 
 
 [p. 346. If 2.] 
 [1015.] Whitehall, 13 January : 
 
 [The Council refer to the Admiralty for examination and New York, 
 report the] Petition of WiUiam Idle Commander of the Ship 
 Batchelor, Praying, that the Goods in the said Ship may not 
 be exposed to sale, or if they be, that the Petitioner may have 
 1343?. payd him before the Sale. [p. 346. ^ 3.] 
 
 [1016.] WhitehaU, 29 January : 
 
 [The Council refer to the Lord High Treasurer for examination Bahamas, 
 and report the] Petition of John Baynes Esqr on behalfe of 
 himseMe and others his Majesties Subjects Merchants Adven- 
 turers to the Bahama Islands in the West Indies, Setting forth, 
 That the Petitioners did in the Moneth of July 1672 buy of 
 Mr. George Potts a certain Ship for the carrying on their 
 Trade aforesaid, which Ship was One of his Majesties Prizes 
 called by the name of the Old Abraham and was sold by his 
 Majesties Commissioners of Prizes for the Port of London 
 vpon the 17th of the same July vnto the said Mr. George 
 Potts for the summe of 400L That the Petitioners did at 
 their Charge repaire and fitt the said Ship for Sea, and sent 
 her by the name of the Bahama Merchant vpon a voyage to 
 the said Islands : That the Petitioners are obstructed in their 
 Trade with the said Ship vpon pretence that shee is not a ffree 
 Ship, whereas the Petitioners did suppose that she haveing 
 once been his Majesties Propriety shee could not in reason 
 be afterwards reputed Forreigne, haveing never since been other 
 then the Propriety of his Majesties Native Subjects of England ; 
 And Praying his Majesties Order for the makeing ffree the 
 said Ship. [p. 361.] 
 
618 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 [1017.] Whitehall, 5 February : 
 West Indies. [Thomas Martin of London, merchant, petitions] that he 
 hath often represented to this Board the great Losses he 
 susteined in Shipps and Goods by the violence and injustice 
 of Monsieur de Bas and Monsieur Ogeron two French Governors 
 in the West Indies and made the truth of his Losses appear, 
 as well before a Committee of this Boord as by the Report 
 of the Judge of the high Court of Admiralty. [Yet though 
 Lord Arhngton here and Mr. Montagu, while Ambassador at 
 Paris, have made many pressing instances in his favour, no 
 satisfaction can be obtained. He therefore prays for letters 
 of reprisal; but his Majesty, hoping that the petitioner 
 may in an amicable way receive satisfaction, orders him to 
 attend Mr. Secretary Coventry, who is instructed to set the 
 case before Monsieur de Ruvigny, the French Ambassador.] 
 
 [p. 367. TI 1.] 
 
 [1018.] Whitehall, 10 February : 
 Council [The Council refer it to the Lord High Treasurer to deal as 
 
 PlZ^tetions'^ he shall see fit with] the Petition of Gawen Wilson, and John 
 Richards Clerks, John Sampson Messenger and Thomas Roe 
 Doore keeper to the late Councill of Trade and Plantations 
 concerning the Salary due to Them while they continued in 
 their SeueraU employments, with the annexed Certificats of 
 their Service. [p. 373. ^ 2.] 
 
 [1019.] Whitehall, 12 February : 
 
 [The Council refer to the Lord High Treasurer for deter- 
 mination or report] the Petition of the Governor and Com- 
 pany of the Citty of London for the Plantation of the Summer 
 Islands ahas Bermudas Setting forth, that whereas his Majesties 
 RoyaU Grandfather King James was graciously pleased to 
 Incorporate the Petitioners by the Name of the Gouernor and 
 Company of London for the Plantations of the Summer 
 Islands, for the Maintenance of which Gouernment, Support 
 of the Gouernor, and defraying the necessary, and Incident 
 Charges for the preservation of the said Island, There hath 
 
 Bermudas. 
 
1675.1 ACTS OP THE PRIVY COUNCIL (COLONIAL). 619 
 
 euer since the said Charter, and by virtue thereof been imposed 
 and levied vpon the Comodityes from thence exported, such 
 reasonable Taxes and payments as by the said Gouernor and 
 Company in Court assembled hath bin from time to tyme 
 thought fit. That one Mr. Perient Trot a Member of the said 
 Company and interessed in Severall Shares of the said Island 
 hath lately frieghted a Ship called the Ehphant with a great 
 quantity of Tobacco of the groweth of the said Islands and 
 there laden on board and hath imported the same into the 
 River of Thames without paying any of the Dutyes due vnto 
 the said Company and so intends as soon as his Majesties 
 dutys shall be paid to vnlade the same, and to defraude the 
 Company of their necessary Support, all which tends to 
 the Destruction of the said Plantation, And praying that the 
 Commissioners of the Customes may be directed to stop 
 the vnlading of the said Tobacco vntill the Dutys of the Com- 
 pany be answered, vnlesse Mr. Trot shall on the next Councill 
 day shew good Cause to the Contrary. [p. 377. Tj 1.] 
 
 [1020.] Whitehall, 12 February: 
 
 [The Council refer to the Committee for examination and Nevvfound- 
 report] the Petition of WiUiam Hinton Esqr Setting forth 
 that about the yeare 1670 the Merchants of London, Bristoll, 
 Southampton, Isle of Wight, Portsmouth, Foy, East Loo, 
 West Loo &c. did humbly pray his Majestic to Settle New- 
 foundland and the Trade thereof vnder his Majesties Gouern- 
 ment. But the same being Referred to the Councill of Trade, 
 and the warre coming on nothing was done therin to the 
 great decay of the Trade and hazard of loosing all; And 
 praying that the seuerall former Petitions, and the reasons 
 annexed may be considered, and the Trade encouraged to 
 florish more than euer. [P- 378. T| L] 
 
 [1021.] Whitehall, 12 March : 
 
 The Right Honourable the Lord Keeper of the Great Scale ^j^.'^^.'rnd 
 of England this day acquainted the Boord by his Majestys Plantations. 
 
620 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 Comand, That his Majesty having been pleased to dissolve 
 and extinguish his late Councill of Trade and fforrain Plan- 
 tations whereby all matters under their cognizance are left 
 loose and at large, Had thought fit to commit what was under 
 their Inspection and Management to the Comittee of this 
 Boord appointed for Matters relating to Trade and his fforrain 
 Plantations, vizt. The Lord Treasurer, Lord Privy Seale, 
 Duke of Lauderdail, Duke of Ormond, Marquesse of Worcester, 
 Earle of Ossory, Lord Chamberlain, Earle of Bridgewater 
 Earle of Essex, Earle of Carhsle, Earle of Craven, Viscount 
 Fauconberg, Viscount Halyfax, Lord Berkeley, Lord Holies, 
 Mr. Vice-Chamberlain, Mr. Secretary Coventry, Mr. Secretary 
 Wilhamson, Mr. Chancellor of the Exchequer Mr. Chancellor 
 of the Dutchy, and Mr. Speaker, And did particularly Order, 
 That the Lord Privy Seale, the Earle of Bridgwater, Earle of 
 Carhsle, Earle of Craven, Viscount ffauconberg Viscount 
 Halyfax, Lord Berkeley, Mr. Vice-Chamberlain, and Mr. 
 Chancellor of the Exchequer should have the immediate Care 
 and Intendency of those Affaires in regard they had been 
 formerly conversant and acquainted therewith, And there- 
 fore that any ffive of the last named Lords should be a 
 Quorum of the said Comittee, And that their Lordships meet 
 constantly at least once a Weeke, And make report to his 
 Majesty in CounciU of their Results and Proceedings from 
 time to time, And that they have power to send for all Bookes 
 Papers and other Writings concerning any of his Majestys 
 said Plantations, in whosesoever custody, they shalbe informed 
 the same do remayne. And his Lordship further signifyed his 
 Majestys Pleasure, That Sir Robert Southwell do constantly 
 attend the said Comittee. [p. 395. •[[ 1.] 
 
 [C.S.P. IV. 4601.] 
 
 On 5 May to expedite business the quorum is reduced 
 
 from 5 to 3.] [p. 417. % 1.] 
 
 [1022.] Whitehall, 5 May : 
 New York. [To the Commissioners of the Admiralty is referred Captain 
 Idle's petition for the money received by them for the goods 
 
1675.] ACTS OF THE PHlVY COUNCIL (COLONIAL). 621 
 
 sold out of the ship Bachelor, for the deUvery to him free of 
 duty of the tobacco bought by him for 551?. 7s. Qd., and for 
 what else his Majesty shall think fit to bestow on him.] . 
 
 [V. 412. II 1.] 
 [1023.] Whitehall, 5 May : 
 
 [The Council approve and direct the issue of all necessary Newfound- 
 orders in accordance with the following report of the Com- ^° • 
 mittee] : — 
 
 Wee have in Obedience to your Majesties Order in 
 CounciU of the 12th of February last past taken into 
 Consideration the Petition of Mr. Hinton, and all the 
 papers presented by him touching the necessity of placeing 
 a Governor at Newfound Land for the advantage of that 
 ffishery. Wee have also in pursuance of the said Order 
 pervsed all the Petitions, Papers, Orders, and Resolutions 
 touching this AfEayre, either as the same hath been 
 Transacted formerly at this Board, or before the late 
 Council! of Plantations. 
 
 Wee have also sent Advertisement to all the Western 
 Ports, and did for severall dayes heare their Agents, 
 and other Principall Merchants of the Exchange concerned 
 in their Opinions and discourses either way, some for the 
 Encouragement of a Colony and Governor, but many 
 more against both ; And the Points that seemed to be 
 made out very cleer vnto vs were as 
 
 1. That the French have of late yeares applyed them- 
 selves with great industry, and pubhck encouragement 
 vnto the Fishing Trade, vpon one of the sides of New- 
 found Land, so that the Enghsh serve none of the 
 Marketts of France as formerly they did, but on the 
 contrary the French are found in many other of the For- 
 reigne Marketts as early as the Enghsh themselves. 
 
 2. That the People of New-England, do on their own 
 Coast take great quantityes of large Fish, about sixty 
 Thousand Kintalls a yeare, and by encreasing the Trade 
 there, bring much detriment to that of Newfoundland. 
 
622 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 3. That for some late yeares the Fish has fayled in 
 Newfound Land, the Adventurers have lost many of their 
 Shipps in the late Warrs, especially in that with Spain, 
 and the late Warrs have much diminished the hands 
 which vsed to take ffish. The Inhibitants and Planters, 
 who contrary to their old Charter live within Six Miles 
 of the Sea, have destroyed the woods, do continue to 
 destroy whatever the Adventurers leave yearely behinde ; 
 They possesse early the Places of greatest Conveniency 
 before the Adventurers returne, and which is very per- 
 nicious do most of them sell wine and Brandy, whereby 
 the Seamen are withdrawne from their Labor, and many 
 seduced to stay in the place, while their Familyes do 
 thereby become Burthens to their respective Parishes at 
 home. 
 
 From all which Reasons 'twas easy to beleive there 
 was a decay of the Trade as to England, and that the 
 Compla3nits thereof were very just. But as to Mr. Hintons 
 Proposall for curing all by a Governor We could not finde 
 that a Governor could cure any part. 
 
 1. Because the Planters who are now there in Number 
 Eight Hundred or One Thousand, do live scattered in 
 Five and Twenty severall Harbours betwixt Renouse and 
 Bonavista, which are aUmost Eighty Leagues assunder. 
 
 2. That in all the Winter when the abuses are many of 
 them done, there is no passing by Sea or Land from One 
 Place to another, so that neere Forty Harbours would 
 have no Government though a Governor were in the 
 Country. 
 
 3. That besides the Charge of Forts, and of a Governor 
 which the Fish Trade cannot support, 'tis needless to 
 have any such defence against Forreigners, the Coast 
 being defended in the Winter by the Ice, and must in 
 Summer by the resort of your Majesties Subjects, for that 
 place wdll allwayes belong to him that is superior at Sea ; 
 So that vnlesse wee saw proper Reasons for a Coloney, 
 
1675.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 623 
 
 We could see none for a Governor ; And against a Coloney 
 there are not onely the rigours of the CUmate, and in- 
 fertihty Of the Land, which, as is alleaged, ohhge all those 
 who are there all the Winter to Idlenes, and inchnes 
 them to Debauchery, But they cheifely consume the Pro- 
 ducts of New England, the Shipping of which Country 
 furnish them with French Brandy, and Madera Wines 
 in exchange for their Fish, without depending for any 
 supply from hence ; And We had reasons to presume that 
 if the Climate and Soyle could favor a Colony, they would 
 rather adhere to New England, and in time tread in the 
 same stepps, to the losse of those many advantages, 
 which at present, by the Method things are in, we yet 
 enjoy. For We could not hope for a hke Regulation on 
 the Product of this Place, as on the Products of your 
 Majesties other Plantations, because Fish cannot beare 
 the Charge of comeing home, but must goe directly to 
 the Marketts abroad. 
 
 Our next enquiries were concerning the French, and 
 by what Methods they proceeded in this Trade, and We 
 have not found that they do otherwise mannage it, then 
 by the Adventvirers Ships that yearely goe out and returne 
 back ; 'tis true they have a Fort at Placencia in the 
 South part of the Island, with some Gunns in it, which 
 are to defend them from the Indians, who at certayn 
 times come off from the maj^ne and molest them in their 
 Beavor Trade, for which Trade onely, and not for ffishing 
 they doe Inhabite there ; and we were the more con- 
 vinced herein when by computing and Comparing the 
 Charge of Catching Fish to the Adventurer, and to the 
 Planter, Wee found the former could doe it cheaper then 
 the latter ; which turn'd our whole Enquiry to finde out 
 whether the French have any thing which enables them 
 to Catch Fish Cheaper, or any Art in the preserving, to make 
 them sell dearer then the Enghsh ; And by the various 
 Accounts of the Merchants who appeared (though differing 
 in Opinion) Wee had reason to beleive, that the Enghsh 
 
624 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 do in general! still preserve a superiority in the Trade, 
 They Catch it as cheap, Cure it as well, come as early to 
 Market, can there sell as dear, and afford it as cheap 
 as any the French can doe. 
 
 So that after Consideration of the whole Matter, We had 
 recourse vnto those Rules which were formerly on like 
 occasion setled in Council! by your Majesties Order of the 
 10th of March 1670-1 and We found them all so proper, 
 and effectuall for the advantage of this Trade, as to need 
 onely some few Additions to make the Trade revive and 
 flourish, And those Additions We humbly propose to your 
 Majestie as followeth. 
 
 1. That all Plantation and Inhabiting in that Country 
 be discouraged ; And in order herevnto. That the Com- 
 mander of your Majesties Convoy have Commission to 
 Declare at his goeing this yeare, your Majesties ^vill and 
 pleasure to al! the Planters, that they come voluntarily 
 away, and in Case of disobedience, that your Majestie 
 will beginn the next yeare ; and so from time to time as 
 often as your Convoys are sent thither, to putt in exe- 
 cution the ancient Charter, wliich strictly forbidds any 
 planters to Inhabit within six Miles of the Shore from 
 Cape Race to Cape Bonavista ; and finding any of them 
 within that District, to Seize, bring away, or send them 
 home as Offenders, to Answer their Contempts, and the 
 Mischeifs before recited, which have been occasioned by 
 such their Inhabiting contrary to the Charter ; And in 
 this single point (as We humbly conceive) does consist 
 the vahdity and good effect of the whole Regulation. 
 
 2. We further humbly Offer that the Convoy who is 
 now goeing, may have Instructions to help and assist 
 those in their Transportation who shall be desirous vpon 
 this intimation of your Majesties pleasure to returne home ; 
 And to Declare, that in Case they shall rather chuse to 
 betake themselves to any of your Majesties Forreigne 
 Plantations, That the Governors are now writ vnto, and 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 625 
 
 Commanded by your Majestie to receive them with all 
 favor, and afford particular help and assistance towards 
 their setlement ; And such Letters We humbly propose 
 to be speedily sent vnto the said Governors. 
 
 Also that the said Convoy, besides those points 
 wherein he is akeady Instructed by the Lords of the 
 Admiralty, be further Ordered to enquire if any Strangers 
 doe in this time that they are in warr with each other, 
 come there to Fish vnder the pretext of being Enghsh, and 
 in Case of any Jealousy, to enquire into their passes and 
 Sea-Breifes, and by what meanes, or whose Authority they 
 have procured the same. Also to make enquiryes into the 
 State of the French Trade, the Number of their Ships, and 
 whether the same are this yeare more or lesse then formerly 
 they have been ; And of all his Observations and 
 Journalls there, to send a Duplicate vnto this Committee. 
 
 3. That your Majesties Councill Learned be directed (as 
 formerly they were) to enquire into and review the Powers 
 formerly given by your Majesties Charter of Confirmation 
 for the Trying of Treasons, Felonies, Murthers &c. done 
 in that place, and that if the same be in any thing deficient, 
 or Inconvenient, that they Report what sort of Judicature 
 would be convenient to be Erected for the hearing and 
 determining of such offences. 
 
 4. And when the same is Reported, and your Majestie 
 shall in Councill settle and determine into what hands 
 the administration of that Power shaU be placed, That 
 then the Mayors of the Westerne Ports be required to 
 Renew their Charter, with the additionall Rules and 
 Powers above-mentioned. Also that the same Charter 
 may be printed, and a Proclamation Issue to enforce the 
 observation of all that shall be estabhshed thereby, for 
 the better exciting of all persons to their Dutyes who are 
 concerned therein, or Obliged to take notice of the same. 
 
 AVhitehall Aprill 15th 1675. Anglesey, Craven, G- 
 Carteret, J: Williamson. Robert Southwell, 
 
 40 
 
626 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 Plantation 
 Trade. 
 
 New 
 England. 
 
 Plantation 
 Trade. 
 
 [Orders follow to Sir William Jones the Attorney General to 
 consider and if necessary revise the powers formerly granted 
 for punishment of criminals in Newfoundland ; to Governors of 
 foreign plantations to receive favourably such as come to them 
 from Newfoundland ; and for the renewal of the charter 
 regulating the fisheries,] [p. 413. ^ 3.] 
 
 [C.S.P. IV. 549-50.] 
 
 [1024.] Whitehall, 9 June : 
 
 [The owners of the Virgin report that in accordance with 
 the order of 3 July, 1674 they sent Edmond Cooke into 
 Spain, and that he] hath noAV attended at Madrid neer n3me 
 moneths without obteininge satisfaction. [They therefore 
 sue for his recall, which is ordered.] [p. 424. ^ 3.] 
 
 [C.S.P. IV. 579.] 
 
 [1025.] Whitehall, 11 June : 
 
 [The Council refer to the Committee for examination and 
 report] the Petition of William Harris of New England 
 Setting forth that John Harrad of Warwick in the Colony 
 of Rhode Island and diuerse other Persons have entered vpon, 
 and by force hold (against Verdict and Judgment resisting 
 Execution) a certain parceU of Land called the Proprieties 
 of the Men of Patuxet lying within the Towne of Providence 
 in the said Colony, and belonging to the Petitioner and his 
 Partners ; and praying Releif. [p. 431. ^ 3.] 
 
 [C.S.P. IV. 585.] 
 
 [1026.] Ibid. 
 
 . . Edward Sanders of London merchant Setting forth that 
 Peter Lidget of New England merchant did lade for the accompt 
 of the Petitioner on the Shipp Society of Boston Thomas 
 Edwards master a parcell of Provissions Valued at Seaventy 
 Pounds SterUng, and consigned them vnto Captain Samuel 
 Bache at Jamaica. That the said Ship in her way touching 
 at the French Tortugos, The Governor there. Monsieur 
 Orroone violently tooke out the whole quantity of the said 
 Provissions, and refuses to give Satisfaction for the same 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 627 
 
 though often demanded, and praying Releif herein. [Mr. 
 Secretary Coventry is ordered to obtain satisfaction from 
 the French Ambassador.] [p. 433. ^ 2,] 
 
 [1027.] WhitehaU, 16 June : 
 
 [The Lord Privy Seal having represented the condition of New York. 
 Wilham Idle's claim, his Majesty, taking notice of how 
 frequently he hath declared his favour therein, is pleased to 
 order] the Lords of the Admiralty to forthwith determjTie 
 that busines, and give the Petitioner such Releif as in Justice 
 and equity their Lordships shall think fit. [p. 440. 1| 1.] 
 
 [1028.] Whitehall, 18 June : 
 
 [The Council approve, and give orders in accordance wth, st. 
 the following report of the Committee] : — 
 
 Wee have in obedience to your Majesties Comands and 
 according to the Duty that lyes vpon vs in the care of your 
 Majesties forrein Plantations, pervsed Seuerall letters from 
 Col. Stapleton . . And Wee have entred into the 
 Examination of Seuerall Things which relate very much to 
 your Majesties Service in the Security of those Islands, and 
 the releif of many of your Subjects who have suffered hardship 
 from the French, And what Wee have at present to lay before 
 your Majestic is the very bad Condition in Avhich Wee finde 
 the Two Companys of Foot which are on the Island of 
 St. Christophers ; They are Wasted from their Complement of 
 80 men in each Company to 49 men in the one, and 54 in the 
 other ; They have not receiued any Pay for the Space of 
 Three yeares, so that they are naked and have onely Subsisted 
 by the Charity of the Planters, and the care of their Colonell ; 
 Wee also finde the said Colonel equaly destitute of any kinde 
 of supply for Three yeares past. And when Wee observe by 
 all accompts how the French forces in the said Island are all 
 of them well Clothed and punctually paid. Wee cannot but 
 think, Your Majesties honor aswell as the Security of th^ 
 
628 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 Place concerned in a present and effectuall Redresse therof ; 
 In order to which Wee doe finde that by an EstabHshment made 
 by your Majestie at the tyme of Sir Charles Whelers going over 
 as Governor the pay of the said Companyes did amount vnto 
 2778^ 10s. 8d. and in virtue of letters of Privy Seale passed 
 to the said Sir Charles Wheler the 10th of March 1670 for 
 payment of that Summe, his Correspondent Colonel Strode 
 acknowledges to have by his order receiued [it] and the said 
 Companyes were as wee are informed, satisfied their Pay in 
 St. Christophers from the first day of their being mustered 
 vnder Sir Charles Wheler, which was the 7th of July 1671 
 to the 7th of July 1672 out of the Sequestration and Sale of 
 Sir Charles Whelers Plantation there. But whether the said 
 Companyes did receiue their full pay for that tyme by the said 
 Sale is not yet before us : Wee further finde that a Privy Seale 
 was past vnto Colonel Stapleton on the 2.3th of 7ber. 1671, 
 Ordering on the removall of Sir Charles Wheler that the like 
 summe of 2778?. 10s. 8d. should be paid vnto him for the 
 said Companies according to the rate of the said Establish- 
 ment ; But Wee do not observe any continuance of the said 
 Payment to the Soldiers mentioned. So that Provission was 
 onely made in this Privy Seale to Col. Stapleton as in the 
 former to Sir Charles Wheler, But for the Space of One 
 yeare ; And having now receiued seuerall Muster Rolls by a 
 Lieutenant sent over Expresse, and having referred the same 
 to the Examination of Commissary Banes, Wee finde by his 
 Report that the said Muster Rolls of the Two Companyes 
 vnder the Government of Col. Stapleton do commence on the 
 7th of July 1672, and continue to the 7th of July 1674 and that 
 the pay of the same amounts vnto the summe of 4556/. 14s. OOd., 
 which Wee take notice also is above 1000/. short of the 
 Estabhshment for that tyme, because the Musters have 
 lessned in proportion as the companys have growne lesse, and 
 been diminished ; Wee also finde by another Privy Seale the 
 allowance of Col. Stapleton at 700Z. a yeare, and to commence 
 from the 24th of June 1672, That there wilbe due vnto him on 
 the 24th Instant the summe of 2100/. and wee must needes 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 629 
 
 on this occasion acquaint your Majestic that the said Col. 
 Stapleton appeares vnto us in all Things committed vnto his 
 charge a man of good Conduct, Valor, and integrity, and very 
 deserving your Slajesties fauor and Encouragment ; and Wee 
 think it not onely of absolute necessity that the said Two 
 summes amounting to 6656/. 14s. Od. be immediatly paid to 
 the Agent Captain Gorges, but that a fund be setled for a 
 constant supply of the said Governor and Companies in the 
 future. Wee also think it convenient that your Majestie should 
 send over Recruits to compleat the said Companyes according 
 to the Establishment inasmuch as the security of that, and 
 the rest of the Leeward Islands seem deeply concerned in a 
 good Guard to be maintained by your Majestie in that place. 
 Wee further offer that it is convenient that a Seale for the 
 said Island be sent over to the said Governor for the better 
 authority of all his publique Proceedings, seeing the former 
 one is said to be lost. [Signed :] Anglesey, Ormonde, J 
 Bridgwater, Craven, Jo : Berkeley, H Coventry. June 18, 
 1675. 
 
 [The Lord Treasurer is ordered to see to the payment of 
 the present debt and the settlement of a fixed subsistence for 
 the Governor and companies, whereafter recruits will be sent 
 over.] [pp. 443-4.] 
 
 [1029.] Whitehall, 23 June : 
 
 Vpon reading the Petition of Francis Moryson, Thomas Virginia. 
 Ludwell and Robert Smith Employed as Agents from the Grand 
 Assembly of the Governor, CounciU, and Burghesses of the 
 Country of Virginia, in behalf of Themselues, and all others 
 the Planters, Inhabitants, and Proprietors of his Majesties 
 Colony or Plantation of Virginia, and the Territory of 
 Accomack, Setting forth at large the State of the said Colony, 
 and praying his Majestie to Incorporate the same by Letters 
 Patents with such other and further Priviledges and benefits 
 as are particularly mentioned in a Paper to the said Petition 
 annexed containing the Heads therof. [The matter is referred 
 
630 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl675. 
 
 Plantation 
 Trade. 
 
 Bermudas. 
 
 Tobacco. 
 
 to Sir Wm. Jones, the Attorney General, and Sir Francis 
 Winnington, the SoUcitor General, to consider thereof and 
 report their opinions to the Committee.] [p. 446. ]f 2.] 
 
 [C.S.P. IV. 603. I.] 
 
 [1030.] Whitehall, 23 Jime : 
 
 [Mr. Secretary Coventry is to speak with the Spanish 
 Minister here, and to write to the EngHsh Ambassador at 
 Madrid, in behaK of the owners of the ship Pilgrim. (Cf. 
 760.)] [p. 450. Tl 2.] 
 
 [1031.] Whitehall, 7 July : 
 
 Whereas it hath been made appear to the Boord, That 
 Timothy Brigs Notary Public did contrary to his Oath and 
 the Trust reposed in him attest under his Hand and Seal of 
 Office a false Copy of a Letter signed by his Majesty dated 
 the 24th of October 1673 to Sir John Heyden Knight Governor 
 of the Bermudas or Summer Islands in favour of Perient Trot 
 a Member of the Company of the said Slimmer Islands, 
 Omitting in the said Copy a materiall Clause which was 
 inserted in his Majestys said Letter vizt. (And the same be not 
 contrary to the Rules of the said Company.) And the Boord 
 being further informed. That the said Timothy Brigs doth 
 shelter himself from Justice within his Majestys Royal! Pallace 
 of Whitehall, [Lord Arlington the Lord Chamberlain is to cause 
 the said Briggs to be turned out of his Majestys said Palace, 
 to the end the Law may have its due course against him. And 
 [Sir Wilham Jones is to] exhibite an Information against the 
 said Timothy Briggs for attesting a false Copy of his Majestys 
 said Letter as aforesaid. And proceed thereupon according to 
 Law. [p. 461. If 2.] 
 
 [1032.] Ibid. 
 
 A Commission in the same forme with that of the Slst of 
 July 1673 to Giles Dunstar, Esquire, Surveyor Generall of his 
 Majesties Customes to destroy all Tobacco planted set or sowne 
 in and about Winchcomb and other Places in the Countys of 
 Gloucester and Worcester. 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 631 
 
 [A letter to the Duke of Monmouth, ordering him to assist 
 Dunstar with a troop of horse.] [p. 462. ^^ 1 arid 2.] 
 
 [1033.] Hampton Court, 14 July : 
 
 [The petition of the owners of the Virgin was read, setting Plantation 
 forth that since after all their endeavours, they] cannot obteyne 
 any other answer, then what is conteyned in a Dispatch sent 
 to the Havanna from Spayne, which having not the least 
 prospect towards Satisfaction of the Petitioners, as may appear 
 by the Reasons mentioned in the said Petition, they humbly 
 prayed. Letters of ReprizaU may be graunted. [Sir Henry 
 Coventry is instructed to put the matter before] Don Pedro 
 Ronquillos Envoye Extraordinary of the King of Spain 
 residing here. [p. 464. ^ 2.] 
 
 [C.S.P. IV. 626.] 
 
 [On 4 August the petitions of the owners of the Virgin and 
 of the Thomas and Mary for letters of reprisal, are ordered 
 to be heard at the first Council day after his Majesty's return 
 to Whitehall. Don Pedro de Ronquillo is to have notice, 
 that he may attend if he think fit.] [p. 486. If 2.] 
 
 [C.S.P. IV. 635.] 
 
 [1034.] Ibid. 
 
 [It was referred to the Lord Treasurer to do as he shall think Barbados, 
 fit upon examination of the] Petition of the Executors and 
 Administrators of the late Barbadoes Officers and Souldiers 
 deceased Shewing That the said Officers and Souldiers were 
 supplyed with monyes, releived in sickness, and those of them 
 that dyed, buryed at the charge of the Petitioners vpon credit 
 of Debentures assigned by them to the Petitioners which 
 Debentures being not as yet paid, some of the Petitioners 
 are for theyr debts cast into prison, others reduced to great 
 necessity, and like to be ruined without present releif 
 Wherefore Praying his Majesty That the Account may be 
 stated by Mr. Commissary Baynes, and that the Petitioners 
 may be paid what monyes shall appear to be due to them. 
 
 Sjp. 487. ][ 3.] 
 
632 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 [1035.] Whitehall, 17 September : 
 West Indies. . . Martyn Stamp Setting forth amongst other things That 
 Barbarous Murther of his Brother Timothy Stamp and divers 
 other Enghsh men by Capt. Phihp Fitz Gerrard who still con- 
 tinues the same. [The Attorney General is instructed to] 
 prepare the Draught of a Proclamation Setting forth the horid 
 Murthers of the said Phihp Fitz-Gerrard and of his departing 
 from his Majestys Allegiance requireing him to come in and 
 
 render himselfe within * or elce to sett the reward of 
 
 One Thousand Peeces of Eight on his Head unto any Person 
 that shall bring in the said Philip Fitz-Gerrard Dead or 
 Ahve, requireing all Oificers and others whom it may conoerne 
 to take notice thereof and to be Ayding and Assisting in the 
 Apprehending of him. [p. 503. ^ 2.] 
 
 [1036.] Ibid. 
 
 West Indies. Vpon reading this day at the Board aswell the Petition of 
 the Merchants and Traders of his Majestys most iiflourishing 
 Island of Jamaica and the Westerne Plantations, as the 
 Petition of Martyn Stamp Complayning of the IntoUerable 
 Injuries, unheard of Crueltyes, depredations and Murthers 
 Committed by the Spaniards upon his Majestys Subjects in 
 the West Indias. As also the Petition of Richard Boys Owner 
 of the Shipp Kent taken and carryed into Majorca, [all who 
 have received any damage by the Spaniards are ordered to] 
 Attend the Right Honorable Mr. Secretary Coventry with 
 their Complaints and Proofes at such time and Place as he 
 shall Appoint them Whereupon his Majesty will Order a day 
 on which some of the Lords shall meete Don Pedro de 
 Ronquillio the vSpanish Ambassador touching those Greivances. 
 
 [p. 505. H 1.] 
 [1037.] Whitehall, 22 September : 
 
 Barbados. Whereas it Appeareth to his Majesty in Councill by the 
 
 Deposition of Wilham Hamlin Transmitted hither by Sir 
 
 * Time left blank. In the proclamation, which appeared on 1st Oct, it is 
 given as six months. 
 
1674-5.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 633 
 
 Jonathan Atkins Governor of Barbados, That Collonell Philip 
 Warener hath Murthered his Owne Brother who was in Com- 
 mission from his Majesty and some Indians who are in ffreind- 
 ship with the Enghsh These are therefore to Will and require 
 to take into your Custody the Body of the said Philip Warner 
 herewith sent unto you and him safely to keep uutill he shall 
 be delivered by due Coarse of Law, And for so doeing this 
 shall be your Warrant. 
 
 Directed to Our very good Lord the Earle of Northampton 
 Constable of the Tower of London or to his Deputy. 
 
 [p. 507. H L] 
 [1038. J Ship Passes. 
 
 [1.] Whitehall, 9 January, 1674 : 
 
 *[0n the petition of Wilham Bridges a protection is granted Barbados- 
 for the St. Jacob of Staden, freighted by him, to load in Dublin 
 and proceed thence to Barbados and Antigua, bond being given 
 to return to his Majesty's dominions.] \p. 161. T] 3.] 
 
 [2.] Whitehall, 6 February, 1674 : 
 
 [On the petitions of Isaac Foxcroft, master of the Carolus Virguiia. 
 Secundus, John Harloe master of the Charitas, and Jeroen 
 Jeroenson, master of the Liefde], Setting forth that pursueant 
 to his Majesties declaration for inviting the Subjects of the 
 Dutch to come into this Kingdome, They lately brought over 
 their FamiHes and Shipps and having a desire to saile their 
 said Shipps with Goods and Manufactures of his Majesties 
 dominions to Virginia with their owne outlandish men paying 
 all Dutys and observing aU Orders and directions required 
 by the said Declaration, [the Council grant their request for 
 free passports to sail to Virginia and for letters to the 
 Governor and to all commanders of his Majesty's ships of 
 war there quietly to permit them to proceed]. [p. 173. ]f 1.] 
 
 • On 19 Nov. 1673 an embargo was laid on all ships bound for the 
 Canaries, Barbados, the Western Islands and Plantations, [p. 133]. The 
 embargo was removed on 25 February 1674. [p. 182.] 
 
634 ACTS OF THE PRIVY COUNCIL (COLONIAI.). [1674-5. 
 
 [3.] Whitehall, 25 February, 1674 : 
 
 Virginia. [On the petition, of Samuel Pensan of London mariner, 
 
 a pass is granted (on giving the usual security) for the ship 
 Unicorn of London to go to Virginia with 26 men, the petitioner 
 having already secured for the vessel a protection from the 
 Prince of Orange against molestation by Dutch ships.] 
 
 [p. 182. II 1.] 
 
 CHARLES II. VOL. XII. (1 Oct. 1675-27 Ap. 1677.) 
 
 [During this period the Bishop of London is added to the 
 Committee on 20 Oct. 1676.— (p. 357. ][ 5.)] 
 
 [1039.] Whitehall, 1 October : 
 
 Wheras Colonel PhiHp Warner late Deputy Governor of 
 Antego stands charged with the murther of his Brother Thomas 
 Warner an Indian, and the destruction of other Indians his 
 Majesties Friends in the Island of Dominico for which he 
 remayns at present a Prisoner in the Tower of London, and 
 his Majestie being WiUing to know where the Tryall of the 
 said Facts will properly lye, whither at Barbados within 
 the Government of Sir Jonathan Atkins Knight where the 
 Information was taken, and from whom It was Sent, or in 
 the Gouernment of Col. Stapleton Captain Generall of St. 
 Christophers, and the rest of the Leeward Islands by whom 
 the said Col. Warner alleages to have been imployed, [copies 
 of the commissions of the said Sir Jonathan Atkins and Col. 
 Stapleton are to be transmitted to the Attorney and Solicitor 
 General for examination and report]. [p. 4. 1[ 1.] 
 
 [C.S.P. V. 688.] 
 
 [1040.] Whitehall, 6 October : 
 
 Newfound- [The Ruth of Dartmouth, coming from Newfoundland without 
 
 the convoy, was captured by Sallee pirates, and recaptured by 
 
 Sir Richard Rooth. Order is given for proceedings against 
 
 the vessel in the Admiralty at Tangier, whither it had been 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 635 
 
 brought. In case of condemnation the money arising by the 
 sale of ship and goods is to be applied to the redemption of 
 the mariners, who had been carried into slavery.] [p. 9. ^ 1.] 
 
 [104L] WhitehaU, 15 October : 
 
 The petition of Georg Mac Cartney Esqr., Hugh Eccles and West indies. 
 George MacCartney, merchants, [for rehef in the case of the 
 Jame-i of Belfast impressed as a troop-ship at Antigua in 
 August 1666, is referred to the Lord High Treasurer for 
 examination and report]. [p. 19. ^ 1.] 
 
 [1042.] Whitehall, 22 October : 
 
 [Colonel Warner is to have a copy of the report of the west Indies. 
 Attorney and Sohcitor General this day presented touching 
 his trial,] that he may shew cause, if any he can, why his 
 Majestic should not proceede by a speciall Comission of Oyer 
 and Terminer for his Triall in Barbados accordingly. 
 
 [p. 21. H 1.] 
 [C.S.P. V. 699.] 
 [1043.] WhitehaU, 3 November : 
 
 Colonel Warner having . . . humbly represented his West indies 
 Reasons against his being tryed at St. Dominico (where the 
 ffact for which he is a Prisoner was supposed to be committed,) 
 and . . Praying to be heard thereupon, [Friday, 12th 
 November, is fixed for hearing the question whether that 
 island] was not part of his Majestys Dominions at the time 
 of issuing liis Majestys Commission to Sir Jonathan Atkins, 
 and whether he ought not to be tryed in that Place if it shall 
 appear his Crime was there committed. But as to the 
 Justification of his Inocence . . this Boord . . leaves 
 him to make out the same at the time and place of his 
 TryaU. [V- 28. H 2.] 
 
 [C.S.P. V. 705.] 
 
 [1044.] Whitehall, 19 November . 
 
 The humble petition of the Councili and Assembly of Barbados, 
 his Majestys Island of Barbados . . . with a paper 
 
636 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 conteyning severall Greivances and heavy Pressures they now 
 lye under, [is referred to the Committee to consider and 
 report]. [p. 39. ^f 4.] 
 
 [C.S.P. V. 714.] 
 
 [1045.] Whitehall, 19 November : 
 
 Virginia. [According to instructions of 23 June, the Committee, 
 
 after consideration of a report of 12 November from the 
 Attorney and Sohcitor General advise : — ] 
 
 That it will not only be for your Majestys Service, but 
 for the Encrease of the Trade and Growth of the Plantations 
 of Virginia, if your Majesty shalbe pleased to graunt 
 and confirme under your Great Scale of England unto 
 your Subjects of Virginia the Particulars following as 
 of your Majestys free Grace and Goodnes to them. 
 
 1. That your Majesty wiU enable the Governor Councill 
 and Comonalty of Virginia to purchase the Lands &c. 
 conte3Tied in the Graunt to the Earle of St. Alban, Lord 
 Culpeper and others, and as to that purpose only to be 
 made a Corporation, to purchase and reteyne the same 
 with a Non obstante to the Statute of Mortmaine. 
 
 2. That the Inhabitants your Majestys Subjects there 
 may have their imediate dependance upon the Crowne of 
 England under the Jurisdiction and Rule of such Governor 
 as your Majesty your Heires or Successors shaU appoint. 
 
 3. That the Governor for the time being shalbe resident 
 in the Country, Except your Majesty your Heires and 
 Successors shall at any time comand his Attendance in 
 England or elswhere in which case, a Deputy shalbe chosen 
 to continue during the Absence of such Governor in 
 manner as hath formerly been used, unlesse your Majesty 
 shall please to nominate the Deputy, who is to be one of 
 the Councill, But if any Governor happen to dye, then 
 another to be chosen as hath been formerly used, to 
 continue till your Majesty your Heires and Successors 
 shall appoint a New Governor. 
 
1675.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 637 
 
 i. That no manner of Impositions or Taxes shalbe laid 
 or imposed upon the Inhabitants and Proprietors there, 
 but by the Common Consent of the Governor Councill 
 and Burgesses as hath been heretofore used, Provided, 
 That this Concession be no Barr to any Imposition that 
 may be laid by Act of ParHament here on the Comoditys 
 which come from that Country. 
 
 5. That your Majesty your Heires and Successors will 
 not for the future graunt any Lands in Virginia under 
 your Great Seale, without first being informed by the 
 Governor and Councill there for the time being, or some 
 Person by them empowred whether such Graunt will 
 not be prejudiciall to Plantations there. 
 
 6. That all Lands now possessed by the Planters or 
 Inhabitants may be confirmed and estabhshed to them, 
 Provided it alter not the Property of any particular Mans 
 Interest in any Lands there. 
 
 7. That for the Encouragement of such of your 
 Majestys Subjects as shall from time to time go to dwell 
 in the said Plantation, there shalbe assigned out of the 
 Lands (not already appropriated) to every Person so 
 coming thither to dwell fifty Acres, according as hath 
 been used and allowed since the first Plantation. 
 
 8. That all Lands possessed by any Subject inhabiting 
 in Virginia, which have escheated or shall escheat to 
 your Majesty may be enjoyed by such Inhabitant or 
 Possessor, He paying 2lbs. of Tobacco Composition for 
 every Acre, which is the rate in that behalf set by the 
 Governor authorized to do the same by your Majestys 
 Instructions. 
 
 9. That the Governor and Councill, or a certain 
 Quorum of them, may be empowred to try all Treasons, 
 Murthers, fielonys and other Misdemeanors, Provided 
 they proceed in such Tryalls as near as may be to the 
 Lawes of England ; The Governor to have power of 
 pardoning all Crimes, unles Murther and Treason, and in 
 
Plantation 
 Trade. 
 
 Plantation 
 Trade. 
 
 638 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 these if he see occasion to give Reprieve untill he shall 
 have laid the State of the ffact before your Majesty and 
 received your Royall Determination therein. 
 
 10. That the Power and Authority of the Grand 
 Assembly consisting of a Governor Councill and Burgesses 
 may be by your Majesty ratefyed and confirmed, Pro- 
 vided that your Majesty may at your Pleasure revoke 
 any Law made by them, and that no Law so revoked, 
 shall after such revocation, and intimation thereof from 
 hence be further used or observed. 19° Octob. 1675. 
 
 His Majesty having considered the said Report, 
 Mr. Attorny Generall or Mr. SoUicitor Generall is hereby 
 required to prepare a Bill for his Majestys Signature in order 
 to the passing of Letters Patents for the Graunt Settlement 
 and Confirmation of all things according to the Direction of the 
 said Report, but varying the Words and manner of Expression, 
 so as may be most sutable to the fformes of Law in such Cases 
 accustomed, and to the Petitioners Releif. [pp. 41-42.] 
 
 [C.S.P. IV. 697. II.] 
 
 [1046.] Whitehall, 24 November : 
 
 [The Council give orders for printing and pubKshing] 
 A Proclamation for prohibiting the Importation of Comoditys 
 of Europe into any of his Majestys Plantations in Africa, 
 Asia or America, which were not laden in England, and for 
 putting all other Lawes relating to the Trade of the Plantations 
 in effectuall execution. [p. 45.] 
 
 [C.S.P. V. 713.] 
 
 [1047.] Ibid. 
 
 Vpon Representation this day made to his Majesty in Coun- 
 cill by his Excellency the Lord Lieutenant of Ireland, That 
 he had received from the Lords Justices of that Kingdome 
 a Letter of the 21th of August last earnestly recomending the 
 Case of the Ship Unicorne William Amys Comander, which 
 coming from the Leeward Islands into England, was by violence 
 of a Hurricane utterly disabled, all the Masts Sayles and 
 Yards carried away, the upper Workes broken downe, and 
 
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 639 
 
 in that condition being driven to Virginia did there unlade, 
 and found Eighty Thousand Weight of Sugar quite lost, and 
 the rest of the Lading damnifyed ; That having in some 
 measure refitted, and put to Sea, they called at Bellfast in 
 Ireland, where after some Provision taken in, and purposing 
 to come for England as the Act requires, they discovered such 
 Disabihty in the ship, that without manifest danger of their 
 Lives, and the Losse of Ship and Loading, they dared not to put 
 forth to Sea, [and praying his Majesty] that some Considera- 
 tion might be had of the Extreamity of this particular Case, 
 and when the Partys concerned do pay honestly and fully 
 the same Duty, which they should have paid, had the Ship 
 been able to have arrived in England, And that thereupon 
 their Bonds may be discharged, His Majesty tho' very tender 
 in cases of this nature that may entrench upon the said Act, 
 Yet taking the Circumstances of this Case into his Princely 
 Compassion is pleased to Order, And it is hereby Ordered 
 accordingly. That the Lord Lieutenant do give strict Order 
 for enquiring into the true value of the Lading of the said 
 Ship, And that when Examinations to that effect be taken 
 upon Oath, and the value adjusted, which was payable here 
 in England, that then the Owners be commanded to cause 
 the said value to be paid into the hands of Richard Mountney 
 Esqr. Receiver of the Customes, [upon whose certificate to 
 the Lord Treasurer, the bonds entered into by the master or 
 owners are to be discharged], And in case any further direc- 
 tions are necessary for the accommodation of this matter, 
 the Lord Lieutenant is to conferr with the Lord Treasurer, 
 and to receive his Lordships Opinion and advice therein. 
 
 [p. 47. H 1.] 
 
 [1048.] Whitehall, 1 December : 
 
 [Upon the petition of Captain Edmond Cooke, setting forth Plantation 
 that on his return in September last, he gave a verbal account 
 to his Majesty of his attempts to get satisfaction in Spain 
 for the ships Virgin and Thomas and Mary, the Lord Chamber- 
 lain is to] give Order for preparing a Chaine of Gould 
 
640 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675. 
 
 and a Medall of the usuaU value in Mke Cases to be given to 
 the Petitioner as of his Majestys Royall Grace and Bounty 
 for his service aforesaid. [p- 53. ^ 3.] 
 
 [C.S.P. IV. 720.] 
 [1049.] Whitehall, 17 December : 
 Now York. [Captain Idle's petition for a hearing is referred for report 
 thereon to the Lords of the Admiralty.] [p. 69. Tj 1.] 
 
 [1050.] Whitehall, 22 December : 
 New [The Council approve, and give orders for a letter to be 
 
 amTMaine^ prepared for his Majestie's signature in accordance with, 
 the following report of the Committee :] 
 
 Wee have in pursuance of your Majestys Order in Councill 
 of the Thirteenth of January last past had Severall meetings 
 Examinations and Debates touching the pretentions of Mr. 
 Mason and Mr. .Gorges . . and they insist vpon many 
 Evidences for their Right, Insomuch that it was the humble 
 Advice of your Majestys late CounciU of Plantations, by their 
 Reports of the twelfth of August 1671. That your Majesty 
 should send over Commissioners in Order to settle the many 
 differences arising about Boundaries &c. But when Wee 
 seriously considered this Point of Sending Commissioners, 
 and how farr your Majestys Authority might bee therein also 
 concern'd. Wee thought it not soe Expedient (the Charge also 
 considered) to Imbarque your Majesty in a Matter of doubtfull 
 Consequence, nor doe Wee thinke it proper, (how faire soever 
 the Proofes of the Petitioners Titles and Sufferings appear) 
 to advise your Majesty to determine any thing Ex parte, and 
 without hearing what the Bostoners can say, who have not 
 had any Agents appearing for them to make answer in their 
 behalfe, Therefore what Wee humbly Propose to your 
 Majesty is. That, Vpon hearing of the Petitions of Mr. Mason 
 and Mr. Gorges read in Councell, your Majesty would Resolve 
 to send the Copyes thereof to the said People of Boston, 
 Letting them knowe. That you cannot dispence with the 
 doing of Justice, or bearing much Longer the Complaints of 
 
1675-6.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 641 
 
 your Subjects, yet being Vnwilling to determine in a Matter 
 of soe much Weight without first hearing what they can say 
 why your Majesty should not give the Petitioners Releif. 
 Your Majesty thinkes fit to transmit Copyes of the said 
 Petitions and Complaints, that they may consider well the 
 Allegations thereof, and both instruct and send over in the 
 
 space of Moneths,* some Agents sufficiently Impowered 
 
 to answer for them, and to receive your Majestys Deter- 
 mination in this Matter depending for Judgment before you. 
 
 Whitehall, 20th December, 1675. [p. 77. tr i 1 
 
 [C.S.P. IV. 755.] 
 
 [1051.] Whitehall, 8 January: 
 
 [The Committee report, that since their last report s*- . 
 regarding St. Christopher] Wee have since been Considering '''^''°'*^ 
 how to finde a way of redress for your Majesties Subjects the 
 Planters there, who are still out of their Estates ; and our 
 next care will be to propose what wee think expedient for the 
 standing defence of that Island, and therein of all other the 
 Leeward Islands, in Case of danger. 
 
 But, as to the Planters, Wee finde, that there were 299 who 
 Claymed their Estates, of whom onely 195 are in Possession, 
 and 139 have not Claymed as yet ; So that of 438 Persons 
 who appeare to have lost their Estates, there are 243 still 
 dispossessed. And the French do now enjoy on the EngHsh 
 part of the Island 4108 Acres of Land, whereof 2708 have 
 been duely Claymed, but in vain : As also a Tract of Land 
 from Savana to the Nags head on which are the Salt 
 panns ; Of which Tract, altho a full Moyety belongs to the 
 Sovereignty of your Majestie yet is the whole still deteyned 
 by them. 
 
 The Principal! Points of difference which have obstructed 
 the Execution of the Treaty of Breda, appear in the following 
 Heads, insisted on by either side. 
 
 * " Six Moneths ' ' in the Order itself. 
 
 41 
 
642 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 1. The English did Demand the Restitution of their 
 Plantations, paying onely back such Purchase Money 
 as they receivad, and substracting for Pejorations done 
 vpon them during that time. 
 
 2. For the want of their Estats from the time of my 
 Lord Willoughbies demand, pursuant to the Peace of 
 Breda. 
 
 3. The 39 Gunns taken out of the Enghsh Fort. 
 
 4. That the Negroes should be brought to make their 
 choyce, as was Agreed by the Articles of Breda. 
 
 On the part of the French, the Demands were. 
 
 1. That they should receive from the English who 
 would Redeem their Estats, the price mentioned in each 
 Contract. 
 
 2. To be also satisfyed for Meliorations. 
 
 3. For the Dyet of the Prisonera wbile they did not 
 work. 
 
 4. That the Negroes taken at Cayan should have a 
 ffree choice of their Masters. 
 
 The generall Setlement of that Island being obstructed by 
 these Contradictions, and the tydings thereof come to your 
 Majestic you were pleased to remitt the Examination of 
 the whole Matter, vnto the late Councill of Plantations, who 
 Wee finde, did, by their humble Addresse to your Majestic 
 of the 9th of June 1673 plainly state and sett forth, how vnjust 
 a part had been Acted by the French Ministers towards your 
 Majestic and your Subjects : As also other iU accidents that 
 hapned in the mannagement of that Affayre, So that they 
 Advised your Majestic for Peace sake, and in Order to a more 
 amicable and easy conclusion of so intangled a Business, to 
 quitt severall just and Considerable pretensions, as 
 
 1. AU Demand about the Negroes. 
 
 2. The 39 Peices of Cannon. 
 
 3. All Reparation for mean profitts, and wast 
 Committed during the three yeares time, from the ffirst 
 Demand of the Island. 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 643 
 
 And they onely Advised your Majestie to insist on. 
 
 1. The Repossession of the Enghsh on Repajnng the 
 Price which actually they received, and Allowance to be 
 made them for Pejorations. 
 
 2. That no demand of Mehorations be made by the 
 French, it being a thing perplexed and impracticable, 
 and not consonant to the Treaty at Breda. 
 
 3. And Lastly, that no advantage should be taken 
 against the English for the lapse of time, it being 
 occasioned by many delayes, and ill deahng on the 
 French side. 
 
 Vnto this effect did the Right Honourable the Earle of 
 Arlington, then Principall Secretary of State, by your Majesties 
 Command, present (as we are Informed) Monsieur Colbert 
 then Ambassador of France in this Court, with a Memoriall, 
 But that never any return was made, or could be obtained 
 therevnto, Insomuch that the Lord Arhngton when your 
 Majestie sent Sir WiUiam Lockart as your Ambassador into 
 France, did give him very earnest Instructions to revive all 
 the Demands relating to this Island. And we do accordingly 
 finde. That Sir WiUiam Lockart, pursuant therevnto, did, by 
 his Memoriall presented on, or before the A of May 1674 
 set forth many of the Obstructions which had so long been 
 given to Justice by the French Ministers in that Island. 
 
 1. In their refusing to Consider, or make satisfaction 
 for the profitts of Three yeares, and the spoyles Com- 
 mitted therein from the time of the Lord Willoughbys 
 demand. 
 
 2. In spending the yeare appointed for Restitution 
 and settlement (all but Two Moneths) in Cavills and 
 Protests &c. 
 
 3. In demanding Mehorations contrary to the Treaty, 
 or the King of France his Orders, when even such 
 Mehorations were offered to be taken back to themselves 
 if they appeared. 
 
644 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 4. In requiring from the English to repay Money they 
 never had received, onely because it was mentioned in 
 the Contract. 
 
 For which Reasons he did earnestly pray. 
 
 First, that positive Orders might be given to Repossess 
 your Majestic in the same state of Sovereignty in that 
 Island which your Majestic had in the year 1665. 
 
 Secondly, That the Enghsh might have their Estates 
 on repayment onely of the price they actually received. 
 
 Thirdly, and that no notice might be taken of the 
 lapse of the yeare, inasmuch as it appeared by the many 
 things which were remitted to the Decision of the Two 
 Kings, by Sir Charles AVheeler, and Monsieur De Baas, 
 how Uttle the partyes on the place were ever able to 
 bring matters to accord. 
 
 Sir William Lockhart having presented this Memoriall, 
 writes home, how that he was the more generall in his ffirst 
 demand, in order to see by what steps they would Treat and 
 proceed with him in that Court. But adds, that notwith- 
 standing his frequent Instances for some fitt Answer, he could 
 have no other Answer then that they wanted time till the 
 Campagne was past, to enter into the Consideration of those 
 things. 
 
 And thus the whole Affayr hath remayned hitherto, without 
 Redresse, so that when we Consider the many Contradictions 
 which have attended this work formerly in St. Christophers ; 
 Next what have been the delays it hath since received in 
 France ; and lastly how very hard it will be to come ever to 
 any Conclusion, vnless the whole matter be Treated and 
 Mannaged here where many witnesses and authentick Papers 
 are to be found. 
 
 We humbly Propose to your Majestie that your present 
 Ambassador Extraordinary the Lord Berkeley, may sollicite 
 in the Court of France for Powers to the French Minister 
 resideing here to Treat and conclude this Affayre. 
 
1676.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 645 
 
 And in order therevnto we have prepared the Heads of 
 a Memoriall which wee humbly offer as fit for this occasion. 
 And that the Lord Berkeley may represent in that Court to 
 the effect following. 
 
 Instruction to the Lord Berkeley at Paris touching 
 
 St. Christophers. 
 That there was presented to his most Christian Majestic a 
 Memoriall by your Majesties late Ambassador Sir WiUiam 
 Lockhart, Dated t% May 1674 setting forth in some measure 
 the wrongs and sufferings vnder which the Subjects 
 of your Majestic did groan, and by which even the 
 Sovereignty of your Majestie in the Island of St. Christophers 
 was ecHpsed. 
 
 That the Injuryes thus sustejoaed will more appeare by the 
 annexed Copy of the said Memoriall, vnto which, after many 
 repeated instances, no other then a verbaU answer could be 
 received from Monsieur Pompone, excusing the want of time, 
 and remitting this whole matter to the end of the Campagne. 
 
 That as the said Memorial! does state many of the Obstruc- 
 tions given to Justice by the Ministers of the said King in those 
 remote parts ; so as truly may it be affirmed that neither all 
 the hardships are there exprest, nor all the remedyes proposed 
 which are necessary to fullfiU the plain sence and meaning 
 of the Articles of Breda in favor of the Enghsh. 
 
 That your Majestie out of your naturall and Princely Com- 
 passion to your distressed Subjects, is become very sensible 
 of the delayes which have attended this Affayre, and will 
 presume that the inchnations of that King to pubhck Justice, 
 and to your Majestie would not allow of such Obstructions, 
 if any certain Method were proposed for verification of the 
 things Complayned of. 
 
 That seeing many Authentick Papers in the Transaction of 
 this Affaire, and many Persons and Witnesses are now in 
 England ; so that the Determination cannot be made either 
 so easy, or so practicable in any other place. Therefore to 
 pray as a demonstration of that Kings good will to see this 
 
646 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Business f airely ended, That he Impower his Minister Resideing 
 at London, to receive the proofs of what is to be Alleaged in 
 this behalfe, And to Conclude and Agree vpon such a Regu- 
 lation, as may by the Authority of his most Christian Majestie 
 be made binding in St. Christophers. 
 
 That so the Rights of either party being setled, their Estates 
 and Freindships may be also mutually Improved. 
 Whitehall, 23th December 1675. 
 
 [The report is approved, and Mr. Secretary Coventry is 
 ordered to require Lord Berkeley to present a memorial to 
 the effect proposed.] [pp. 88-91.] 
 
 [C.S.P. IV. 774.] 
 
 [1052.] Whitehall, 8 January : 
 
 St. [Upon representation made by the Committee touching 
 
 Christopher, g^ Christopher, the Lord Treasurer reports :— ] That not- 
 withstanding the many difficultyes he had mett withall for 
 the procurement of Money ; yet in Obedience to the Order 
 of this Board of the 18th of June last past, appointing 
 6656?. 14t<t. Od. to be payd vnto ColoneU Stapleton and the 
 Two Companyes, which was the pay of Two yeares, his Lord- 
 ship had now got ready haKe that summe, which should be 
 furnished in Tenn or Twelve dayes that the Ships would 
 be ready to depart. His Lordship also Declared that he 
 would furnish the residue of that Order between our Lady 
 day and Midsummer next. And to Establish a setled Fund 
 for the support of that Island in the future, and that the 
 Companyes might be made complet, His Lordship did propose 
 to make the Duty of the 4^ per Cent to beare not onely the 
 Charge of that Island, but of the rest, Yet because the 
 Farmers of the said Duty pretended to various Defalcations, 
 and many difficultyes appeared in the setlement of their 
 Accounts, he would very speedily call them before him, and 
 then humbly pray his Majesties presence in order to a more 
 solemne determination of the same. [p. 91. ^ 1.] 
 
 [C.S.P. IV. 775.] 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 647 
 
 [1053.] Whitehall, 8 January: 
 
 [Upon readiag] a Petition from the Sugar Merchants West Indies, 
 belonging to his Majesties Plantations, Setting forth, That 
 one Andrew Orgill had Invented a way of casting Iron Cases 
 whereby the Outsides of the Rowlers of those Engines which 
 squeeze the Sugar Canes, may be so cased in, that it was of 
 very great advantage and saving to them, and the Charge 
 inconsiderable. That his Majesties subjects were hereby 
 enabled to sell Cheaper, and in a fayre way of spoyling the 
 Sugar Trade belonging to other Nations, who wanted the 
 help of this Invention ; That great endeavours are therefore 
 used by strangers to draw out of the Kingdome some of the 
 said Cases, which are not elsewhere to be procured then from 
 his Majesties Subjects ; And that on Wednesday last there 
 were by one Thomas Hunt Twelve of the said Iron Cases 
 shipt on Board the Prosperous, Thomas Evans Master bound 
 for Rouen to goe to the French Plantations ; And the 
 Petitioners humbly praying his Majestie not onely the said 
 12 Iron Cases ready to depart should be stop't, But that 
 prohibition be given for the future, that neither from 
 England, nor from any of the Forreigne Plantations the said 
 Cases or any of them be permitted to goe to any other 
 Nation, [His Majesty orders the Lord Treasurer to give the 
 most effectual orders accordingly.] [p. 91. ^ 2.] 
 
 [1054.] Whitehall, 14 January : 
 
 . . . Sir Alexander Bence Knight Complayning, that Kantetion 
 Don Domingo GriUo of Madrid having prevayled with the 
 Petitioner to Hire Two Enghsh Ships for him to fetch from 
 the English Plantations the Negroes he bought of the Royall 
 Company, The said GriUo never returned the said Ships, So 
 that the Petitioner was forced to pay the Owners for the said 
 Ships above 8000Z. for which he can receive no satisfaction, 
 [Mr. Secretary Coventry is ordered to write effectually to 
 his Majesty's ambassador in the Court of Spain to demand 
 speedy justice to be done the petitioner]. [p. 96. T| 3.] 
 
648 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Plantation 
 Trade. 
 
 Plantation 
 Trade. 
 
 [1055.] Whitehall, 14 January : 
 
 [Captain Edmond Cooke petitioning that] severall Mer- 
 chants Subjects of the Realme of England Commiserating his 
 low Condition, have purchased a Flemish Built Ship called 
 the Merchants Consent, Burthen about 300 Tunns, with intent 
 to Trade under the Conduct and Navigation of the Petitioner 
 in Case his Majestic wiU be graciously pleased to make her 
 Free. His Majestie in Councill Considering the Petitioners 
 Condition, and what he has suffered by the seizeing of his 
 Ship at the Havana [fully grants the petition]. 
 
 [p. 97. II 2.] 
 
 [1056.J Whitehall, 19 January : 
 
 [The Council approve, and give orders in accordance with, 
 the following report of the commissioners of appeals in cases 
 of reprisals : — With regard to the petition of 6 November 
 1674, c/, 1012,] the whole ffact is as foUoweth. 
 
 Your Majesties Hired Ship the Thomas and Francis Capt. 
 George Gallop Commander, being at Jamaica, a Proposal! was 
 made to jojme to her assistance a certain Privateer called the 
 Flying Horse vnder Command of Capt. Otway, and according 
 to Articles of Agreement, they both sayled towards Curasaw, 
 and there intercepted a Dutch VesseU called the Susaima one 
 Lynch Commander comming from Guinny, and having on 
 Board her 544 Negroes, found aU of them above the Gun- 
 Deck ; The Prize being brought to Jamaica, the Court of 
 Admiralty there proceed to Sentence, and Award to the Vnder- 
 takers that sett forth the said Privateer, all their share according 
 to the Agreement ; as also a share to the Lord High Admirall, 
 and to the Officers of the said Court, and severall other Charges 
 relateing to this Business, so that the Number of 300 Slaves 
 were absolutely disposed of in that place. 
 
 And although there were a Distribution of some Negroes 
 to Capt. Gallop, and some Money advanced vnto most of the 
 Officers, and Seamen, yet no Sentence did there formally 
 pass as to the residue of the Negroes, being 244, in favor of 
 the said Captain, Officers, and Seamen, but they were sold by 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 649 
 
 the then Governor Sir Thomas Ljmch, to severall Persons in 
 that Island, and the determination as touching their Right was 
 reserved to your Majestie. 
 
 And your Majestie having, when the said Captain and Sea- 
 men came home, and made their Apphcations, Referred the 
 Decision thereof to the Court of Admiralty here, the Judge 
 gave Sentence in favor of the Captors according to the said 
 Act of Parliament Decreeing all the Negroes vnto them. 
 From which Sentence, your Majesties Advocate having brought 
 an Appeale before vs, wee did Consult your Majesties Learned 
 Councell, touching the validity of the said Act of Parhament 
 And they gave vs their Opinions, that although there might 
 be no such thing in the Intention of the Law-Makers, yet the 
 words of the Act were very strong and binding in favor of the 
 Captors Wherevpon wee conceived that wee had nothing 
 before vs, but to take Care that what had been Judicially done 
 in Jamaica might not be overthrowne by the Proceedings 
 here. And therefore finding that the Judgment there had 
 not been pleaded in barr of the Proceedings of your Majesties 
 Court of Admiralty here ; And that the Sentence which was 
 here given seemed to be generaU, and to extend to a dis- 
 position of all the Negroes taken in the said Ship ; Wee 
 therefore did Reverse so much of it as related to the said 
 300 Negroes which had been disposed of before. And thought 
 it both just, and for your Majesties service, to leave all the 
 proceedings of that Island in their fuU force and Vahdity ; 
 And the rather, because no Regular Appeale had been brought 
 or entred against those Proceedings. But wee have Con- 
 firmed the other part of the Sentence given here, as to the 
 Disposition of the 244 Negroes, which, according to the 
 Custome of the Sea, are, by Our Judgment, to be divided 
 between the said Capt. Gallop, his Officers, and Seamen, 
 who were either then actually in his own Ship, or by way of 
 conveniency spared at that time into the Privateer, but stiU 
 in your Majesties pay. Yet for such part or portion of the 
 said Booty as was given, and hath been akeady received as 
 
650 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 aforesaid, either by the said Captain, as Commander of your 
 Majesties Ship, or by the said Seamen, a Deduction is to be 
 made, according to a true and proportionable Account to be 
 made thereof. 
 
 Wee presume further to Informe your Majestie That vpon 
 the Arrivall of the Lord Vaughan as your Governor in Jamaica, 
 wee finde, that he did Demand from Sir Thomas Lynch his 
 Predecessor the Account of the said 244 Negroes, and all 
 the Effects received for such of them as were payd for, as also 
 the Bonds and Contracts for those which were not. And 
 his Lordship did send a Duphcate of the said Account vnto 
 your Lord High Treasurer, and Charged himseKe therewith 
 (a Copy of which Account is herevnto annexed) And forasmuch 
 as Wee have had very many hearings, and no Mtle trouble in 
 the sethng and adjusting of this Affayre, and are now willing 
 that it may turn, the most advantageously that can be, to the 
 Captain and Mariners Account ; Wee humbly Offer to your 
 Majestie That by your speciall Command, the Lords Com- 
 missioners of Prizes may write vnto the Lord Vaughan your 
 Majesties Governor in Jamaica, to call in, and recover with 
 aU possible speed, the Debts which yet stand out on this 
 Account, and that as fast as they come to hand he Remitt 
 them hither vnto Richard Mountney Esqr Receiver Generall 
 of Prizes, and that what he hath in ready Money according 
 to the said Account be presently returned by Bills to the 
 said Mr. Mountney. 
 
 That so the said Lords may see this whole Distribution 
 made among the Captain Officers and Seamen according to 
 Right. [p. 99. ^ 3.] 
 
 [1057.] Whitehall, 26 January : 
 
 Hudson's Vpon reading the Petition of the Governor and Company of 
 
 Bay. Adventurers Trading into Hudsons Bay, Complayning of some ill 
 
 practices of Charles AlbaneU a Jesuit, De Grosiher a Frenchman, 
 
 and Radison an Itahan, [Mr. Secretary Coventry is directed 
 
 to] give a Memoriall to Monsieur Rovigny . . desiring 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 651 
 
 him to write to the King his Master, that he would be pleased 
 to give such Orders as he shall think fitt to hinder the Jesuit, 
 and the Two Persons aforesaid from Vndertaking anything 
 that may be prejudiciall to the Trade or Interest of the afore- 
 said Company. And that his most Christian Majestie would 
 be pleased also to write to the Governor of the French Colony 
 at Canida, Commanding him to prevent (as much as in him 
 lyes) any Enterprize or Attempt that may be made against 
 the said Company of Hudsons Bay and their Commerce with 
 the Neighbouring places. Ordering also the said Governor 
 to maynteyne a good Correspondence between the said Com- 
 panys Factors resideing in Hudsons Bay, and the French 
 Inhabitants in Canida. [p. 108. ^ 2.] 
 
 [1058.] Whitehall, 11 February: 
 
 Vpon the Memoriall of the Ambassador Extraordinary of New 
 the States Generall of the Vnited Provinces, representing that 
 Captain Jurian Arenson Comander of the Shipp fflying Horse 
 of Curassao, having receiued a Commission from the Gouernor 
 of that Island made himself e master of the Forts of Penatscop, 
 and St. John belonging to the French Situated vpon the 
 Riuer of Pountegolt in the North of America in New France, 
 and having left part of his men there for the defence of the 
 said Places, and to Trade with the Inhabitants thereabouts, 
 the Enghsh of Boston did by force of Armes attack the men 
 left in Garrison in the said Places, made them Prisoners, and 
 razed the Fortifications, vpon no other Consideration but 
 because they would not suffer any Hollanders there, praying 
 his Majestie to cause Exemplary punishment to be inflicted 
 vpon the offenders, and to Send requisite Orders for the speedy 
 setting at hberty the Prisoners, and restitution of the said 
 Forts with satisfaction for Damages. [Mr. Secretary WilUam- 
 son is directed to prepare a letter to be sent to the magistrates 
 of Boston, with a copy of the petition, requiring their answer 
 thereto.] That so his Majestie vnderstanding the Nature of 
 the Fact may give such order as is agreeable to Justice therein. 
 
 [p. 119- H 3.] 
 [C.S.P. IV. 817.] 
 
652 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Surinam 
 
 and 
 
 Jamaica. 
 
 Plantation 
 Trade. 
 
 [1059.] Whitehall, 11 February : 
 
 . . Aron de Silua and Isaac Peiriera in behalf of themselues, 
 and diverse other Jewes, Inhabitants within his Majesties 
 late Colony of Surinam, Setting forth that the Petitioners 
 and about 10, other Jewes formerly setled themselues in Plan- 
 tations in Surinam, and became his Majesties Subjects, being 
 made free Denizons by Letters Patents vnder the Great Scale. 
 That in the 5th Article of the late Peace with Holland, It is 
 expressly agreed that the States Generall shall suffer all his 
 Majesties Subjects to dispose their Plantations in Surynam, 
 and transport themselues with their Servants and effects into 
 any other of his Majesties Plantations That Mr. Cranfield in 
 the presence of the Dutch Gouernor of Surinam promised to 
 take the Petitioners into his care equaU with the other of 
 his Majesties Subjects, wherevpon they disposed of their 
 Plantations and Shipt 250 of their Negros, But when they would 
 have departed with the rest of their servants, the said 
 Gouernor stopt them and absolutely refused to let them go, 
 as in the said Petition is more at larg exprest. [A copy of 
 the petition is to be dehvered to Mr. Secretary Williamson 
 who is to speak with the Dutch Ambassador concerning the 
 same, and to direct Sir WiUiam Temple at the Hague] to 
 complain therof to the States Generall, and to obtein their 
 Orders for the discharge of the Petitioners and their Servants, 
 that they may be at hberty to go to Jamaica, where they are 
 to be receiued by the Gouernor with the same Measure of fauor 
 which others of his Majesties Subjects have had, in pursuance 
 of his Majesties Instructions formerly given in that behaffe. 
 And a Copy of Mr. Cranfields Protest is also to be annexed 
 to the said Petition. [p. 120. ^f 2.] 
 
 [CS.P. IV. 818.] 
 
 [1060.] Whitehall, 18 February : 
 
 Upon the Petition of the Merchants and Owners of the Ship 
 Virgin . . . praying to have a Copie of the Report of 
 Sir Leolyne Jenkins, Kt., Judge of the high Court of 
 Admiralty made on the Examination of their hard Case about 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 653 
 
 Four Moneths since, and that a day may be appointed for 
 their hearing at the Boord. It is this day Ordered by his 
 Majesty in Councill that a Copie of the said Report be forth- 
 with dehuered unto the Petitioners as they desire. 
 
 [p. 125. ^ l.J 
 [1061.] Whitehall, 23 February : 
 
 [On the petition of the Jews in Surinam it is ordered] that Surinam 
 
 . . and 
 
 the Petitioners shaU have liberty to transport themselues with Jamaica 
 their Goods and Servants vnto Jamaica in any forrein built 
 Shipp or Shipps which they can procure for that purpose, 
 And vpon their arrivall . . Lord Vauhan . . shaU 
 receiue them with equaU fauor, as if they had arrived in 
 Enghsh built Shipps, and deliuer to Them such servants of 
 theirs as were carried thither by Mr. Cranfield, And also 
 shall set them out such Proportions of Land as hath by his 
 Majesties Instructions formerly given, been directed in that 
 behaKe. [p. 128. ^ 2.] 
 
 [C.S.P. IV. 825.] 
 
 [1062.] Ibid. 
 
 John Moore late Owner of the Yacht Prudence Setting forth Montserrat. 
 that in June 1674, he sailed from Barbados to Antego, and 
 from thence to Monserat to vnlade, where he was deteined 
 by the Gouernors warrant for some tyme on falce suggestions, 
 and pretences, and a guard of Soldiers were sent on board the 
 Vessell, which was stoln and carried away while he made 
 apphcation for redresse to the Gouernor, who dwelt some 
 Miles distant from the Port, and that the Gouernor would not 
 let him go out of the Island in tyme to enquire after his 
 Vessell, Wherfore praying to be releiued, [a copy of the petition 
 is ordered to be dehvered to Edward Stapleton Esqr, the said 
 Governor, who is to return his answer to the same with all 
 convenient speed]. [P- 129. ^1.] 
 
 [C.S.P. IV. p. 826.] 
 
 [On 3 March Colonel Stapleton's answer is read, and 
 declared satisfactory.] iV- 135- ^1 6.] 
 
 [C.S.P. IV. 831.J 
 
654 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 [1063.] Whitehall, 23 February : 
 
 Barbados. Letter to Sir Jonathan Atkins. Wheras It hath bin 
 
 represented to his Majestie in Councill by the Petition of 
 Francis Standish that One John Luntley in July last was inticed 
 on board a Ship comanded by Captain Bolton carryed to Bar- 
 bados, and there sold to one Col. ThomhiU. That the said 
 Luntleys mother is Since dead, and hath left him a Competent 
 Estate Wherfore praying his Majestie to Order Col. Thornhill 
 to'^receiue back the Price he paid, and to permit the said 
 Luntley to returne home. His Majesty in Councill having 
 Consideration of the Services performed by the said John 
 Luntleys Father, and much disapproving the maimer of his 
 Conveyance to that place, as in the Petition is set forth, is 
 pleased to comand Vs to transmit vnto you a Copie therof, 
 that if vpon examination of aU Parties you finde the alle- 
 gations therof to be true, that then you perswade Col. Thorn- 
 hiU to discharg this his Servant, vpon receipt of what he 
 paid for him, with such reasonable allowance for other charges 
 as you shall Judg convenient, that so the said John Limtley 
 may return home, according to the desire of his Friends. 
 
 [p. 129. t 3.] 
 [CS.P. IV. 827.] 
 
 [1064.] Whitehall, 26 February : 
 
 West Indies. Wheras his Majestie hath thought fit to Order in Council! 
 that Col. PhiUp Warner late Deputy Gouernor of Antego 
 should be transported in the Phenix Frigat vnto Barbados there 
 to be tried by a Commission of Oyer and Terminer issued to 
 that effect for the Killing and destroying of certain Indians 
 on the Island of Dominica ; And his Majestie being graciously 
 pleased to cause the said Commission to be directed as well 
 vnto certayn Persons Inhabitants of the Leeward Islands, as 
 to others of Barbados that so aU justice and indifferency 
 might appear on the said Tryall. [Mr. Secretary Coventry is 
 directed to] prepare a letter for his Majesties RoyaU Signature 
 directing Sir Jonathan Atkins Gouernor of Barbados to allow 
 Three Moneths tyme from the arivall and dehuery of the said 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 655 
 
 Col. Warner into his Care for the coming vp of the said Com- 
 missioners from the Leeward Islands, and that he does not 
 proceede sooner on the said Commission vnlesse some Number 
 of the said Commissioners shall sooner appear, In which case 
 the Commission is then forthwith to be proceeded in, And his 
 Majesties said letter together with the body of the said Col. 
 Warner, is to be dehuered into the hands of the said Sir 
 Jonathan Atkins by the Comander of his Majesties said Shipp 
 the Phenix. [p. 131. ^ 3.] 
 
 [C.S.P. IV. 828. I.] 
 
 [1065.] Whitehall, 1 March : 
 
 [On the representation of the Royal African Company that slave 
 
 in spite of the proclamation of 30 November, 1674] there are 
 
 severaU Ships that have arrived at Barbados from those parts 
 
 of Africa with Negroes and other Goods, and severall others 
 
 are now on the said Coast, All which are set out by private 
 
 Traders, And the Petitioners Agents seizing about Eighty 
 
 Negroes part of 150 Negros so imported into Barbados in the 
 
 Ship Providence, the same were violently taken away from 
 
 them, and they, and those who assisted them beaten and 
 
 wounded. Whereof the Petitioners Agents complayning to 
 
 the Governor, had no other Redresse, but that the Persons, 
 
 whom they proved to be the Assaulters and who had thus 
 
 violently forced the said Negros from them, were bound in 
 
 recognizance of ffourty pounds, with Two Suretys in Twenty 
 
 pounds apeice to appear at the next Sessions, and in the 
 
 mean time to keep the Peace, as doth more fuUy appear by 
 
 the Narrative thereunto annexed. And therefore humbly prayed 
 
 His Majesty would be graciously pleased to apply some effeotuaU 
 
 Remedy for the Damages akeady susteyned, and preventing 
 
 this growing EviU for the future. His Majesty justly resenting 
 
 the aforesaid Contempts of his Proclamation, The Observation 
 
 whereof was effectuaUy recommended to the Governors of 
 
 his Majestys severaU Plantations by Letters from this Boord 
 
 of the 2d of December 1674 And considering how much 
 
 such Proceedings tend to the discouragement and Hindrance 
 
656 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 of the Trade in those parts, And that it wilbe impossible for 
 the Petitioners to support and mainteyne their fforts and 
 ffactorys, if the abovesaid Practises be not absolutely and 
 speedily prevented was pleased to Order, [that one of his 
 principal Secretaries of State prepare a letter to be sent with 
 copies of this petition and narrative to the Governor of 
 Barbados] strictly requiring him inviolably to observe and 
 mainteyne the Priviledges graunted the Petitioners by his 
 Majestys Royall Charter. [p. 132.] 
 
 [C.S.P. IV. 830.] 
 [1066.] Whitehall, 3 March: 
 
 West Indies. [Edward Sanders of London representing that in accordance 
 with the order of 11 June last,] Mr. Secretary Coventry 
 hath by Three severall MemoriaUs represented his Majestys 
 Pleasure to ^lonsieur Ruvigny but can obteyne no Satisfaction, 
 And therefore Praying That his Majestys Ambassador at 
 ffrance may be directed to get from Monsieur Colbert a Letter 
 of Cachet to the said Grovernor of Tortugos to pay the full 
 value of the Petitioners Groods, ^Tiich said Letter was once 
 promised by Monsieur Colberts Son to Monsieur Ruvigny but 
 never sent [i\Ir. Secretary Coventry is ordered to recommend 
 the petitioner's case to his Majesty's Ambassador in Prance, 
 desiring him to endeavour to procure from Monsieur Colbert 
 the said letter, and likewise to renew his instances to the 
 said Monsieur de Ruvigny to continue his good offices in getting 
 the said letter]. [p. 134. 1| 2.] 
 
 [1067.] WhitehaU, 8 March : 
 New York. [It is referred to Sir Wm. Jones, the Attorney General, to 
 consider and report on the petition of WiUiam Idle for the 
 office for the Registering Sales and Pawns to Brokers (void 
 by the death of WiUiam Barker) to be granted to him in 
 consideration of his services in retaking his ship from the 
 Dutch, and the great expense he hath been at in attending 
 to receive his Majesty's gracious bounty intended him for 
 that service.] [p, 139. ^ 3.] 
 
1676.] ACTS OP THE PRIVY COXMCIL (COLONIAL). 657 
 
 [1068.] WhitehaU, 10 March : 
 
 Whereas His Majesty hath been informed in Councill, That Plantation 
 contrary to the Laws of this Kingdome and his expresse 
 Comands for strict Obedience thereunto, there have been lately 
 brought into Jersey a Ship* laden with Tobacco from New 
 England, Which Contempt His Majesty being resolved shall 
 not passe unpunished, Hath thought fit, And accordingly It is 
 hereby Ordered by his Majesty in Councill, That the Com- 
 missioners of his Customes do imediately send over into the 
 said Island such one of their Officers as they shall thinke 
 most fit for the Service, to take an exact Accompt of the 
 Cargo of the said Ship, and prevent the Embezelment thereof, 
 and with all speed to bring both the said Ship and Lading 
 into this Kingdome, And that they take care for the speedy 
 proceeding against her according to Law. 
 
 [A letter follows directing the Governor of Jersey to secure 
 the vessel as forfeited to his Majesty, till the Commissioners 
 of the Customs arrange for its removal to England, and to 
 deal in the same way with any other vessels endeavouring so 
 to trade.] 
 
 [On 20 March the general instruction is repeated in a letter 
 to the Lord Hatton, Governor of Guernsey.]. [pp. 15&-60] 
 
 [C.S.P. IV. 840.] 
 
 [1069.] Whitehall, 22 March : 
 
 [Captain Nicholas Thoumes of Guernsey setting forth, Newfound- 
 that in 1675 he and others of the island laded the ship 
 Charles of Guernsey with fish at Newfoundland for Alicante, 
 where the officers of the customs, on pretence that vessel, cargo 
 and crew were French, exacted a duty of lOl. per cent, on 
 the fish, amounting to 300L, contrary to the Anglo-Spanish 
 commercial treaty of h May 1667, Mr. Secretary 
 Coventry is ordered to write to his Majesty's Ambassador at 
 Madrid to demand restitution of the money, and to desire 
 
 * The Speedwell of New England, Philip English, Master. 
 
658 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 the Spanish Ambassador here resident to write into Spain 
 to support the demand and to endeavour to prevent further 
 hke impositions on his Majesty's subjects.] [p. 161. ^ 2.] 
 
 [1070.] WhitehaU, 22 March : 
 
 Committee . . . Sir Robert Southwell knight . . . Setting 
 
 Plantations, forth, That he hath since February 1674 attended with all 
 diligence the Lords of the Committee of Trade and Plantations, 
 and hath expended severall Summes necessary to the said 
 Service, And being now constrejTied to withdraw from the 
 said Service for the Recovery of his Health, And one other 
 of his Brethren being ready to serve his Majesty in the said 
 Station, He most humbly prayed his Majesty would approve 
 the same, and also referr it to the Lords of the said Com- 
 mittee to consider the Petitioners said Service and Expences, 
 and to make Report in the same, as also what may be proper 
 for the future Support and Encouragement of the said Ser- 
 vice, His Majesty was pleased to dispence with the Petitioners 
 present Attendance in consideration of his Health, And taking 
 particular notice of his extraordinary paines and Diligence 
 in attending the said Comittee, and in putting the many 
 Papers depending before their Lordships into very good 
 method, which were in some disorder when delivered up by 
 the late CounciU of Plantations, was graciously pleased to 
 Order [the Committee to decide on a proportionable reward 
 for him, and on a fitting encouragement for future holders of 
 the office, and to report.] [p. 162. Tj 1.] 
 
 [1071.] Whitehall, 28 March : 
 
 Passes for [The Council give orders for printing and pubhshing] A 
 
 Proclamation concerning Passes for Ships.] [p. 176. ^ 1.] 
 
 [1072.] Whitehall, 31 March : 
 
 Plantation A letter to the BayUfif and Jurats of Jersey : — [In furtherance 
 of the order of March 10th, we] will and require you to give 
 all due Assistance and furtherance jn seizing and deUvering 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 659 
 
 the Possession of the said VesseU and her Lading to the Persons 
 authorized by the Commissioners of his Majestys Customes 
 to take Care thereof, And hkewise to be ayding and assisting 
 to the utmost of your Power as there shalbe occasion, in 
 searching after, and securing such Goods and other ffurniture 
 of the said Ship as have been embezelled, or otherwise dis- 
 posed of. And Wee are hkewise by his Majestys Comand 
 further to will and require you from time to time, to seize and 
 secure all other Ships, which shall hereafter trade into the 
 said Island from any of his Majestys American Plantations, 
 contrary to the aforesaid Acts of Trade and NaA^gation. 
 
 [p. 178. If 2.] 
 
 [1073.] WhitehaU, 19 April : 
 
 Severall Heads for Enquiryes to bee made bj the Com- Newfound- 
 
 land. 
 
 mander in Cheif of his Majesties Ships now going for New-found 
 Land being this day Reported from the Committee . . and 
 approved, [it is referred to the Admiralty to instruct the 
 Commander in Chief accordingly] : — 
 
 To informe himself as particularly as hee can concerning 
 the Trade of the French there, In what way they Manage 
 their Fishery, if by Boats from Europe yearly as Our Merchant- 
 men doe, or by Planters vpon the Island, and what Number 
 of Ships they send yearly. 
 
 The Number of Fishing Boats they imploy, and what Men 
 in them. 
 
 The Quantity of the Fish they take, and the Value of it 
 according to the Market price, at what Rates they vsually 
 sell, if Cheaper then the Enghsh, and how much cheaper. 
 
 Whither they come sooner or later vpon the Fishing Places 
 then the Enghsh, and whether they depart Earher or later, 
 or come sooner to the Markets. 
 
 Likewise concerning the Encrease of their Trade there, 
 whether more or less then the last year, and some former 
 yeares, and in what proportion, and if soe, to what that 
 Growth of this their Trade in Fish may bee attributed. 
 
660 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 To Enquire Whether any other Nations besides English and 
 French come to fish there on pretence of being EngUsh, and 
 vpon Jealousy ; to Enquire into their Passes and Sea Briefs, 
 and by what meanes they obtained them. 
 
 To Enquire also what Trade there is betwixt New England 
 and New-found Land, and Whether they doe furnish them 
 with any Brandy or Wyne, or other European Commodityes. 
 
 Likewise Whether the New England Men bring not Brandy 
 and Wyne from the Madera's, and Rum from home to debauch 
 the Fishers, who (as is represented) doe thereby run greatly 
 in debt, and are forc't to seU themselves to the Planters in 
 New-found Land for the payment of their Debts. 
 
 Whether they of New England Exercise any Fishing Trade, 
 either upon their owne, or the New-found Land Coast, and 
 how they prosper in it. 
 
 To Enquire into the Number of the EngUsh Planters, and 
 of their Manner of living, and whether they Observe the Rule 
 of the Charter not to Live within six miles of the shoare. 
 
 Likewise Whether they make any destruction of the Woods 
 to the preiudice and decay of the Fishing Trade, and whither 
 they doe any Mischief to the Adventurers by Comitting any 
 Spoyle vpon the MateriaUs which they Leave behinde. 
 
 Whether to prevent the Adventurers from the Western Ports 
 of England, they doe not seize on the best Fishing places, and 
 maliciously destroy others to obstruct the Adventurers. 
 
 Whether it bee true as hath been Represented, That the 
 Boat Keepers that stay behinde, destroy the stages, by 
 which meanes the Adventurers are forc't to goe two moneths 
 sooner to Repaire and set them up. 
 
 Whether those Boat Keepers have any Supplyes of Provisions, 
 and Cloathes, and Tackle, and other Necessaryes for Fishing 
 from New England or from Ireland, or France, and if they 
 have, what quantityes from Each 
 
1676.] AC1*S OF THE PRIVY COUNCIL (COLONIAL) 661 
 
 To take an Account of the Number of Ships and Boats 
 employed by the English Adventurers, and what Numbers 
 of Men, and the Value and Quantity of the Fish they catch. 
 
 In hke Manner, What Number of Boats and Men the 
 Inhabitants employ, and what Fish they take, and whether 
 they can afford to sell it at cheaper Rates then those that 
 goe from hence can doe, and how much cheaper. 
 
 To Enquire, Whether Men carryed from hence to fish, are 
 not Encouraged by the Masters of the ships to stay behinde 
 to save their Passage back, and what Numbers stay behinde 
 every year, particularly last year. 
 
 In Generall, To make such Enquiryes and Observations 
 concerning this Fishing Trade, and particularly that of 
 the French, as, being upon the Place, hee shall fiiide 
 Oportunity and thinke VsefuU, and to give an Account 
 of every particular to this Committee. [p. 185. ^ 2.] 
 
 [C.S.P. IV. 891.] 
 
 [1074.J Whitehall, 19 April: 
 
 [The Virginia Agents report an unaccountable delay in Virginia, 
 passing the bill in confirmation of several privileges desired by 
 them on behalf of the colony, declaring] That they had long since 
 sent a Copy of the Order of Councell into Virginia for Passing 
 the said Bill, beheving it to bee for his Majestys Service, that 
 the mindes of his Subiects there should (as speedily as might 
 bee) be setled, and they thereby the more Encouraged to 
 defend the Country against the present Invasion of the 
 Indians, since by that his Majestys Royall Grant they were 
 secured of their iust Property in what they fought for. And 
 Praying his Majesty would bee Graciously pleased to direct 
 the Lord Chancellor to passe the said Grant under the Great 
 Seale. Vpon full debate of the whole Matter, [his Majesty 
 grants the petition]. [P- 187. H !•] 
 
 [C.S.P. IV. 893.] 
 
 [On 31 May this Order is annulled.] [p. 243. Tj 1.] 
 
 [C.S.P. IV. 935.] 
 
662 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 [1075.] WhitehaU, 21 April: 
 
 Plantation [It ia referred to the Judge of the Admiralty, or in his 
 absence to his Surrogate Dr. Richard Lloyd to hear and deter- 
 mine the petition of] Lieutenant Edward Odway and others, 
 for themselves and the rest of the Inferior Officers and 
 Seamen belonging to his Majestys Hyred Ship Thomas and 
 Francis, Capt. George Gallop late Comander Complaining 
 That the said Capt. Gallop refuses to account for seaventy 
 Negroes, which hee converted to his owne vse, and was more 
 then the Captains share. That the Petitioners are treating 
 to sell their Right of Two hundred forty four Negroes, or 
 mony which they were sold for, which Amounts to four 
 Thousand Eight hundred and one pound, but the Captain 
 pretending to a share in this summ, the persons treating will 
 not purchase till the difference be decided. Praying Releif 
 therein. [p. 189. If 2.] 
 
 [1076.] Ibid. 
 
 [Regarding the Order of 18 June 1675, for payment of 
 arrears due to Colonel Stapleton, and to the two companies of 
 foot in St. Christopher,] And Whereas Lieutenant Greatbach 
 One of the Officers of the said Companyes, who Sohcited these 
 Payments fell sick iust as the money was in readines to bee 
 paid, and being lately dead, the Lord Treasurer has not 
 knowne vnto whome the said Money should bee regularly paid, 
 But his Lordship representing this day to his Majesty in 
 Councell, That the Privy Seale which was past (pursuant to 
 the said Order for payment of the Companyes) on the 29th 
 of February last, and the Privy Seale for the Governors 
 Sallary, which past on the 23th of September 1672 makes the 
 money payable to Colonel Stapleton or his Assignes, and that 
 there has been presented vnto him by Colonel Edmond 
 Stapleton Deputy Governor of Montserat, and Brother to the 
 said Colonel WiUiam Stapleton, a Letter of Attorney dated 
 in Nevis the 14th of June 1675. Empowring him, and Cap- 
 tain Ferdinand© Gorges, or either of them, to demand and 
 
 West Indies, 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 663 
 
 receive all summs of mony Arreares and Dues whatsoever, 
 and to give receipt for the same, which seemes to relate per- 
 sonaUy to the Affayres of the said Colonel, and the Tenor of 
 the said Letter of Attorney being in very generall Termes, can 
 at best but Justify the payment of what is due vnto himself; 
 and therefore his Lordship (being desirous to give dispatch 
 vnto this Service) did humbly pray his Majestys directions 
 herein . . . It is hereby Ordered accordingly, That 
 the Lord High Treasurer doe pay vnto the said Edmond 
 Stapleton and Ferdinand Gorges, or to either of them, [the 
 salary and pay of Colonel Stapleton, but not the pay of the 
 two companies, until they give sufficient security for] paying 
 over such money vnto the said Two Companys, and Care is 
 also to bee taken that the Executors of the said Lieutenant 
 Greatbach bee satisfyed thereout such proportion of Pay as 
 by the Muster Rolls last sent over appeares to have been 
 due vnto him. [p. 196.] 
 
 [C.S.P. IV. 89.5J 
 [1077.] WhitehaU, 28 April : 
 
 Whereas the Merchants of London, BristoU, Plymouth, Tobacco. 
 etc., importing of Tobacco, Sugar, etc., from Virginia and other 
 Plantations, Did by their Petition this day read at the Board 
 humbly represent and complayne of the new Farmers of the 
 Customes &c of Ireland, Demanding and receiving one penny 
 per pound for all Tobacco imported into Ireland from England 
 more then was formerly paid, [the said Farmers are ordered 
 to have a copy of the petition, and to appear before the Board 
 on Wednesday, 10 May, when the matter will be settled.] 
 
 [p. 202. H 3.] 
 
 [1078.] Ibid. 
 
 [The Council approve the Attorney General's draft of a Plantation 
 Commission for the Governors of Plantations to take the 
 oath directed by the Acts of Navigation and Trade, and 
 order the form of the oath to be drafted by him and inserted 
 in the Commission for approval by the Council], [p. 203. ^ 4.] 
 
 [C.S.P. IV. 905.] 
 
664 ACTS OF THE PRIVY COUNCIL (COLONIAL). Ll676. 
 
 Newfound ■ 
 land. 
 
 Plantation 
 Trade. 
 
 [1079.] Whitehall, 28 April : 
 
 [The petition of Joseph Sawyer, Master of the Ship Leonard 
 and John to have her made a free ship, to protect him in his 
 intended voyage for Newfoundland, is referred to the Lord 
 High Treasurer, either to settle, or to report.] 
 
 [p. 204. Tl 2.] 
 
 [1080.] Whitehall, 3 May : 
 
 The forme of the Oath to be taken by the respective 
 Governours of his Majesties Plantations, as followeth, 
 
 You shall swear that you will to the best of your skill 
 and power so long as you shall continue Govemour of 
 this Plantation well and truly execute and performe all 
 Matters and things which by the Statuts made in the 
 12th and 15th yeares of his now Majesties Reigne, you 
 are required (as Governour of this Plantation) to be sworne 
 to the performance of. So help you God. 
 
 Being this day presented, and read at the Board, the same 
 was approved, and the persons who administer the said Oath 
 are to make Certificate thereof. [p. 207. If 1.] 
 
 [C.S.P. IV. 914 & 915.] 
 
 [1081.] Ibid. 
 Committee [The Committee report] Wee have, in obedience to your 
 Plantations. Majestyes Order of the 22th of March, entred into consideration 
 of the management of your Majesties Business vnder the 
 care of the Committee of Trade and Forrain Plantations, and 
 find that, hitherto, that Service and the Charges of it have 
 layen solely vpon Sir Robert Southwell, and that now Sir 
 Philip Lloyd is wiUing to succeed therein. But wee think it 
 convenient that the rest of the Clerks of the Councill may have 
 Liberty to declare whether they desire to take their turns 
 in that Service. And Wee propose that each Clerk, who will 
 serve therein doe attend for the space of Six moneths and not 
 less. And, for the Reward of such attendance, that your 
 Majestie do allow a Sallary of 400i. a yeare among those 
 who shall soe attend. And because wee have foimd Mr. 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 666 
 
 Blathwayt to have spent some time in this service in assistance 
 to Sir Robert Southwell, Wee propose him as a very fit person 
 to continue always as an Assistant to the Clerks of the Council] 
 in this your Majesties Service, and that he be allowed the 
 Sallary of 150?. per annum. Alsoe that there be Two Clerks 
 at the Sallary of 501. a yeare vnto each. And for such casual 
 Charges as doe necessarily attend this Business, that the same 
 be satisfyed, according as any Bills shall be brought in and 
 attested by the Lords of the Committee. And that Sir 
 Robert Southwell be satisfyed, for the time past, according 
 to the method which is here proposed. 
 24th Aprill, 1676. 
 
 His Majesty vpon hearing the said Report, and a farther 
 Representation from the same Lords of the very great care 
 and pains which was required from those who attended this 
 Service, was graciously pleased to approve the same, [and it 
 was thereupon ordered, that the Lord Treasurer do accordingly 
 present his Majesty with a warrant for his royal signature in 
 order to pass a Privy Seal for payment of what is already due 
 to Sir Robert Southwell and what shall grow due for the 
 future]. And it is further Ordered that some fit place be hired 
 in Scotland yard, vntill the Right Honourable the Lord 
 Chamberlain shall provide a more convenient Roome for the 
 keeping of the Books, Papers and other things which doe 
 relate vnto this his Majestyes Service. [p. 209. ^ 2.] 
 
 [1082.] Whitehall, 5 May : 
 
 . ffrancis Tyrwhitt Gentleman Setting forth, That Barbados, 
 the Petitioner being Imployed by the late Francis Lord 
 Willoughby Governour of Barbados, as Deputy Treasurer and 
 Cheife Searcher of the Customes there. Did by his Lord- 
 shipps Order take up great quantitys of Goods, Stores of 
 Provision and Ammunition amounting to 672,484Z65. of Mus- 
 covado Sugar, That before his Lordshipps going to reduce 
 St. Christophers by the Account which his Lordshipp caused 
 to be made up, his Lordshipp was Indebted to the Petitioner 
 
666 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Tobacco. 
 
 Plantation 
 Trade. 
 
 above 850,000Z65. of Muscovado Sugar, for repayment whereof 
 his Lordshipp gave the Petitioner power to receive the whole 
 Revenue of the said Customes, That the Lord Ranalagh and 
 the Lord Brereton haveing Maryed the Two Daughters and 
 Coheires of the said Francis I^ord WiUoughby have (without 
 taking Letters of Administration of their ffathers Estate) 
 obtayned a Graunt from his Majesty of 8,400?. sterUng, which 
 was found upon the Account of the Lord WiUiam WiUoughby 
 to have been disbursed out of the Estate of the said ffrancis 
 Lord WiUoughby in his Majesties Service And praying that 
 the said Lord Ranalaugh and Lord Brereton may be Ordered 
 to pay him the said Debt of 672,484Z65. of Moscovado Sugar, 
 or to assigne over to him so much of the said 8,400?. sterMng 
 as will satisfye the said Debt, [a true copy of the petition 
 is to be deUvered to the said Lord Ranelagh and Lord 
 Brereton, who are to give in their answer thereunto to this 
 Board on Wednesday the 24th instant]. [p. 215. T[ 1.] 
 
 [On 21 June, Tyrwhitt complaining that no answer has 
 been made, a copy of this new petition is to be sent to the 
 two Lords, to which they are to hasten their answer.] 
 
 [p. 265. 11 3.] 
 
 [1083.] WhitehaU, 12 May : 
 
 [The difference as to the proper duty on American tobacco 
 imported from England to Ireland having been fuUy heard,] 
 forasmuch as this question doth arise upon Acts of ParUament 
 made in Ireland, and will always receive its direction in that 
 Kingdome, . . . the said Complaint .... is 
 hereby dismist this Board, and the said Farmers left to the 
 Enjoyment of what in Right belongs unto them. 
 
 [p. 229. Tl L] 
 
 [1084.] WhitehaU, 31 May : 
 
 [Upon information with regard to the tobacco imported 
 into Jersey from New England in the ketch Speedwell, that] 
 the said Ketch being sayled some few houres before the arrivaU 
 of the said Order [of 10 March], Sir Herbert Lunsford Deputy 
 Govemour of the said Island tooke a Recognizance of One 
 
1676.] ACTS or THE PRIVY COUNCIL (COLONIAL). 667 
 
 Hundred pounds of the said Philip English, Master of the said 
 Ketch, PhiUp Boutilher of the Parish of Trinity, and John 
 Payne of the Parish of GrouviUe in the Island of Jersey, for 
 payment of his Majesties Dutyes for such Goods as should 
 be found Due within Twelve Moneths after the Date of the 
 ObUgation; [it is ordered that the Lord High Treasurer] 
 do give directions to demand the Tobacco to be brought to 
 England in order to the payment of his Majesties Dutyes, 
 and that if the Tobacco be not in being, the said PhiUp 
 English, Phihp Boutilher, and John Payne, or one of them 
 do make an Entry of the said Tobacco in the Port of 
 Southampton, and pay his Majestyes Dutyes for the same. 
 
 {p. 246. If 1.] 
 [1085.] Whitehall, 14 June : 
 
 [Notwithstanding the repeated prohibitions, great quantities Tobacco. 
 of tobacco have been planted in and about Winchcombe in 
 Gloucestershire, in other parts of that county, in Worcester- 
 shire, and in the other adjacent counties. As it is now the 
 season for gathering the same, a commission for its destruction 
 is sent in the usual terms to Charles Osborn, Esqr, Surveyor 
 General of his Majesty's Customs. The Duke of Monmouth 
 is required to send a troop of horse in aid.] [p. 256.] 
 
 A Comission in usuall forme to Richard Taylor Gent 
 Wayter and Searcher at Yorke to destroy all Tobacco planted 
 in the Coimtys of Yorke, Lincolne, Nottingham and Places 
 adjacent, [is issued on 5 July]. [p. 280. ^ 3.] 
 
 [1086.] WhitehaU, 12 July : 
 
 [The Council refer to the Committee for consideration and Jamaica, 
 report the] Petition of Thomas Martyn of London Esqr and 
 Leonard Compeare Citizen of London, but now residing in 
 the Island of Jamaica Compla3nQing, that they are not only 
 discouraged and obstructed by the Governor of Jamaica, in 
 the Execution of the Office (graunted to them by his Majestys 
 Letters Patents under the Great Seal of England) of Receiver 
 of all Dutys and Impositions payable to his Majesty within 
 
668 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl676. 
 
 Newfound- 
 land. 
 
 Virginia. 
 
 the said Island, But such things are imposed on them by 
 Instructions from the said Governor as its impossible for 
 them to undergo, without being great Loosers by the said 
 Employment And therefore Praying His Majesty would be 
 pleased to enterpose his Royall Power, That the Petitioners 
 may receive the Benefit of his gracious Graunt unto them. 
 
 [p. 286. U 1.] 
 
 [1087.] Whitehall, 12 July : 
 
 [The Committee report that, having been desired] to settle 
 some Rules for graunting of Passes to Ships that were gone 
 to Newfoundland before the Date of the late Rules, or where 
 a Ship was surveyed by the Custome Officers, and then 
 imediately proceeded on her Voyage, Leaving her Passe 
 to be solhcited after her Departure, Their Ijordships referred 
 the same to the Commissioners of his Majestys Customes, 
 And that the said Commissioners have made Report, that 
 they do not thinke any generaU Rules can be made in relation 
 to those two Cases, That their Lordships upon consideration 
 of the Matter thinke fit, that particular Examinations should 
 be made in each Case, And that for the more speedy Dispatch 
 thereof. Their Lordships have directed the said Commissioners 
 of the Customes, upon Application for any such Passes, to 
 examine the Case, and make Report to their Lordships. Where- 
 upon It was this day Ordered by his Majesty in Councill That 
 the said Method in the said Two Cases be for the future 
 pursued. [The Committee, if they find them satisfactory,] 
 Are to transmit the said Reports to the Ijords of the Admiralty, 
 for their Lordships to graunt Passes upon accordingly ; The 
 Owners giving Security not to make use of such Passes, for 
 any other then those Ships, for which such Passes are graunted 
 respectively. [p. 287. Tf 1.] 
 
 [C.S.P. IV. 986. I.] 
 
 [1088.] WhitehaU, 19 July : 
 
 [An estimate, dated 14 June, and presented by Sir Thomas 
 Chicheley, Master of the Ordnance, of the charge of the gun- 
 powder, arms, small shot, hand grenades and other neces- 
 saries to be provided and sent to Virginia, amounting with 
 
1676.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 669 
 
 the charge of transportation, and other incident charges to 
 2497Z. 65. 8d., is approved, and the Lord High Treasurer is 
 ordered to pay the said sum to George Wharton Esqr., Treasurer 
 of the Ordnance, to be employed by him in the maimer 
 stated.] [p. 291. ]f 2.] 
 
 [C.S.P. IV. 992.] 
 
 [On 21 July a letter is accordingly sent to the Master 
 of the Ordnance for the transportation of the stores to 
 Virginia.] [p. 294. ^ 1.] 
 
 [C.S.P. IV. 997.] 
 
 [1089.] Whitehall, 21 July : 
 
 Sir WilMam Jones knight his Majestys Attorny Generall Jamaica, 
 [is ordered to] prepare for his Majestys Royall Signature, a 
 Commission of Oyer and Terminer pursuant to the Statutes 
 27° & 28° H: 8"" to be passed under the Great Seale of 
 England directed to [the Governor of Jamaica and the rest 
 of the territories thereupon depending, and to such other 
 persons within that island as the Lord Chancellor shall 
 think fit] for the Tryall of John Dean a Pirate, and of all 
 other Pirates, which shalbe apprehended and brought into 
 the said Island. [p. 294. ^ 3.] 
 
 [1090.] Whitehall, 28 July : 
 
 [Captain Gallop and the seamen of the Thomas and Francis Plantation 
 
 . Trade. 
 
 to be heard on 2 August about their share of the negroes on 
 
 the Susanna, the seamen complaining of the great delays 
 
 made by the captain.] [p. 296. T| 4.] 
 
 [1091.] Ibid. 
 
 [A letter to Lord Vaughan Governor of Jamaica. The Jamaica. 
 Committee having represented]. That having taken into con- 
 sideration your Lordships Proceedings in the case of John Deane 
 who was lately tryed and condemned for Piracy by your 
 Lordship as Vice-Admirall of Jamaica, And having received 
 the Opinion of the Judge of his Majestys High Court of 
 Admiralty, as to the Legahty of it, and what hath been the 
 
Virginia. 
 
 670 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Practise here in like cases, both before the Statutes of the 
 27th and 28th of Henry the 8th and since, Their Lordships 
 do find. That the said Tryall of the said Deane is not war- 
 ranted by the Laws of this Kingdome, It not appearing by 
 any Instances out of the Records in the Admiralty Court, 
 before the making of the said Statutes, that Pirates were de 
 facto tryed by the Civil! Law, though it is supposed they were 
 so tryed And since the said Statutes, neither the Lord High 
 Admirall, nor his Lieutenant or Commissary ever tryed 
 Pirates, but by Comission of Oyer and Terminer under the 
 Great Seal of England directed to them and other Justices 
 [Dean's execution must therefore be stopped, and a new trial 
 held under the commission of Oyer and Terminer now sent, 
 and so in aU future cases]. [p. 297. ^ 1.] 
 
 [1092.] Whitehall, 4 August : 
 
 [In a hst of ships captured by French privateers, occurs 
 The Little Dogger, John Filer master, who on her return from 
 Virginia was plundered of 1000 lbs. of tobacco, and then 
 dismissed] with this Insolent Expression : Goe and tell your 
 King of it. [p. 318. 11 1.] 
 
 [1093.] Whitehall, 11 August : 
 
 Surinam. [The Council approve the following report of the Com- 
 
 mittee to which the case had been referred by an order 
 of 28 July.] That Rowland Simpson, your Majesty's naturall 
 borne subiect, and a Planter in Surinam, being resolved to 
 leave that Place, according to the fifth Article of the last 
 Treaty with the Dutch, Did in the year 1674 sell his Plantation 
 there, and having noe other way to returne with his Wife and 
 Family into England, but by way of Holland, doth, in 
 October 1674 ship on Board the Golden Lyon of Sordam, 
 Burgh Jacobs Master Three hundred and nine Hogsheads of 
 Sugar, making in Weight Two hundred twenty one Thousand 
 pounds, being the Product of his owne Plantation, and all 
 vpon his owne accompt and Risque to bee Transported tp 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 671 
 
 Amsterdam, That this Ship was in her Voyage neer SciUy, 
 met by a French Privateer, CaUed the Golden Fleece, Bernard 
 Le Moine Comander, and by him carryed on the fifth of Decem- 
 ber 1674 into Milford Haven, where continuing for some 
 time, the said Sympson by a Warrant out of your Majesties 
 High Court of Admiralty did send downe and arrest his Three 
 hundred and nine Hogsheads of Sugar, soe that vpon the 
 26th of January following the said ship was, by Virtue of the 
 said Warrant, in Custody of the Officers of the Admiralty 
 and others. But the said Le Moine finds meanes to Violate 
 the said Arrest, making Prisoners of the said Officers, And on 
 the 31th of the same Moneth, carried away the said Ship, 
 . . into France, Vpon which Fact throughly proved in the 
 High Court of Admiralty with many Circumstances of Aggrava- 
 tion, Your Majesty was Graciously Pleased to recommend the 
 Petitioner to the Lord Lockhart, your late Ambassador in 
 France, who made some Progres towards his Releif, but that 
 his death dissapointed all Success, Whereupon the two Per- 
 sons who were sent over to sohcite in this Matter, were faine 
 to return without Effecting any thing, but bringing Complaints 
 that several! of their most Material! Papers being delivered 
 into the Office of Monsieur Colbert, were still deteined, and 
 could not bee had. 
 
 On the 29th of June 1675 The said Simpson Presented 
 his Petition to Monsieur Rovigny then the Minister of France 
 in this Court . . but receiving noe answer herein, hee did 
 about six Moneths after in December 1675 move the Judge of 
 the High Comt of Admiralty for an Edict against Le Moine, 
 and all those concerned, in Order to a Legall Process, which 
 Edict was accordingly granted, And the said Judge did, by 
 Letter, acquaint the French Minister thereof, but hee regarded 
 it not. In pursuance to which the Petitioner hath proceeded 
 according to Law, to make out authentically allthinges relating 
 either to the Violation of the said Arrest in Contempt of your 
 Majestys Authority, or to his ATidoubted Property in the said 
 Sugars, [damages and costs amounting to 6206Z. Is. 8d.] Vpon 
 
672 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 which Case, having consideration that the Petitioner did sell 
 his Estate for Sugar, which for prevention of its Waste and 
 Decay, hee was necessitated to hasten home sooner then any 
 Transportation could bee Expected from England, and there- 
 fore finding noe other Convenience but of a Dutch Bottom, 
 which hee made vse of, not for Trade, but for the necessity 
 of his Return, and considering also, That the Petitioner did 
 most iustly obtein the Seizure of his Goods, being in your 
 Majestys Dominion, which is consonant to the Lawes of France 
 as well as of England, and that it is an Offence even against 
 your Majesty to have these Goods by violence carryed away, 
 when they were within the Protection of your Majestys 
 Justice as well as of your Ports. Wee Knowe not what to 
 Oppose to the Petitioners Prayer for Letters of Marque, seeing 
 hee hath run all the Methods of Ordinary Justice for his 
 Redress, But because the Resolving vpon Letters of Marque 
 comes to bee a Point of State, as well as of Justice Wee 
 humbly Submit the determination thereof to your 
 Majesty. 
 
 [It is ordered that] Mr. Secretary Coventry doe effectually 
 represent this Case to Monsieur Courtin the French Ambassador 
 here, and earnestly insist vpon the speedy satisfaction and 
 Reparation for the Losses and Damages susteined by the 
 Petitioner and that hee likewise Expostulate with the said 
 Ambassador why Letters of Marque should not be granted 
 to the Petitioner pursuant to the Treaty between both 
 Crownes. [pp. 341 & 342.] 
 
 [1094.] Whitehall, 20 September : 
 
 Virginia. [The Council approve the following commissions, etc., and 
 
 direct Mr. Secretary Coventry to prepare the necessary 
 documents for His Majesty's signature] : — [I.] A Pardon for 
 the Governor and Assembly at Virginia. ; [II.] A Draught of 
 the Commission to the Governor for Pardoning Offenders ; 
 [HI.] A Commission for Sir Henry Chicheley to be Lievtenant 
 Governor of Virginia ; [IV.] A Commission for Major Thomas 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 673 
 
 ffairfax to be Deputy to Sir Henry Chichley ; [V.] A Com- 
 mission for Sir John Berry ffrancis Morison and Thomas 
 ffairfax to enquire into Greivances in Virginia ; [VL] A Procla- 
 mation about Nathaniel Bacon the younger raising Rebellion 
 in Virginia. [VII.] Instructions to Sir WiUiam Berkeley; 
 [VIII.] A Draught of Additionall Instructions; [IX.] A 
 Draught of Instructions to Sir John Berry CoU. Morison and 
 Capt. Fairfax ; [X.] Instructions to Sir Henry Chichley 
 and Major Fairfax ; [XI.] A Letter to the Governor and 
 Councell of Virginia about their Pardoning NathanieU Bacon ; 
 [XII.] As alsoe a letter to his Royall Highnesse, Sir WiUiam 
 Berkeley Governor of Virginia and the Lord Baltimore. 
 
 [p. 346. H 1.] 
 [C.S.P. IV. 1036.] 
 
 [1095.] WhitehaU 20 September : 
 
 [Order is given for the Lord Chancellor to affix the Great Virginia. 
 Seal to] certain Commissions and a Pardon relating to his 
 Majesties Colony of Virginia, namely a Commission giving 
 leave and lycence to Sir WiUiam Berkeley Knight to retire 
 and absent himself from his Gouernment of Virginia, appoint- 
 ing Herbert Jeffry Esqr during such absence, to Execute 
 the Office of Gouernor, and Captain GeneraU there. Also 
 appointing Captain Robert Walter, and the said Jeffries to 
 Execute Marshall Law. 
 
 A Commission Constituting and appointing Sir John Berry 
 Knight, Francis Moryson, and Herbert Jei?rey Esqres or any 
 Two of Them to enquire into and Report to his Majestie the 
 Grievances of his Majesties Subjects in Virginia, 
 
 A Commission Constituting and appointing Herbert Jeffry 
 Esqr Lieutenant Gouernor of his Majesties Plantation of 
 Virginia, during the absence and retirement of Sir William 
 Berkeley Knight now Gouernor there 
 
 A Commission authorizing and appointing Sir WiUiam 
 Berkeley Knight Gouernor of Virginia to pardon aU Treasons, 
 
 43 
 
674 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676, 
 
 Felonies, and offences relating to the present Warre there, to 
 all Persons guilty or to be guilty of the same. Except to 
 Nathaniel Bacon. 
 
 A Commission giving Licence and Leaue to the Gouernor 
 of Virginia in his absence to appoint a deputy, as also 
 declaring, his Majesties RoyaU Intention for the better setUng 
 and managing of that plantation. 
 
 A Pardon vnto the Gouernor and assembly of Virginia for 
 consenting to the passing of SeueraU Acts by the violent com- 
 pulsion of Nathaniell Bacon, and his CompHces, And for 
 granting Commissions to the said Bacon, to comand Forces 
 there. [p. 351. ^ 1.] 
 
 [C.S.P. IV. 1052.] 
 
 [1096.] Whitehall, 20 September : 
 
 Virginia. [The Council approving an additional estimate of 
 
 2238Z. 25. Od. for] Ordnance, Morter pieces, with their Car- 
 riages, Equipage, Amunition, and other Stores, and Pro- 
 ■visions of Warr as BuUets, Powder, Match, Shot, Granados, 
 and other Necessaryes [to be sent to Virginia besides the 
 stores ordered on 21 July, the Master of the Ordnance is 
 directed to see to their provision, transportation, and delivery.] 
 
 [p. 353. If 1.] 
 [C.S.P. IV. 1048.] 
 [On the 25th, the Council approve additional estimates 
 for munitions to be sent to Virginia, and give orders to the 
 Ordnance for their provision and transportation, vizt., 
 839L Is. 8^. for] Drumms, Halberds, Partisans, Swjne Fethers 
 etc., [and 3816?. 13s. 4:d. for] Gunners Stores, and Provisions 
 of War, for Four Men of War vpon this Expedition to 
 Virginia vizt. The Bristol!, Dartmouth, Rose, and Deptford 
 Ketch, and for Two fireshipps to attend Them if there be 
 occasion. [p. 361. ^ 1.] 
 
 [C.S.P. IV. 1080.] 
 [1097.] WhitehaU, 25 October : 
 Virginia. It is this day Ordered . . . That in the Proclamation 
 
 about the Rebellion in Virginia, The Reward to be giuen for 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 675 
 
 taking of Nathaniel Bacon shaU be Three hundred Pounds 
 
 sterhng to be paid in money by the Lieutenant Gouernor, and 
 
 the other alterations thought fit to be made in the said 
 
 Proclamation, were read, and approved at the Boord. 
 
 [p. 359. II 3.] 
 
 [C.S.P. IV. 1081.] 
 [1098.] Whitehall, 3 November : 
 
 Whereas His Majesty was pleased the 30th of September Virginia. 
 last to Order an Embargo to be laid on all Ships bound for 
 Virginia and Maryland, And being now informed, that severall 
 Masters of Ships freighted for that Voyage, to evade the said 
 Order, Do designe to make New Entrys in the Custome House 
 for the Barbados or other his Majestys Plantations, His Majesty 
 for the prevention thereof Hath thought fit to Order, That the 
 said Embargo be continued on all Ships bound to Virginia 
 and Maryland or either of the said Places, [Intimation hereof 
 is to be made by the Admiralty to the Commissioners of the 
 Customs], who are forthwith to give Directions to the 
 Officers of his Majestys Customes, or the Cheif Magistrates 
 of the Ports, who have taken Bonds of the said Masters of 
 Ships before the said Embargo of the 30th of September last 
 for their direct sayhng to Virginia or Maryland, That they 
 forbear to dehver up the said Bonds, or permit such Ships 
 to go out of Port untill further Order, Notwithstanding the 
 Masters pretensions of new entring their Ships for the Bar- 
 bados, or any other his Majestys Plantations*. 
 
 [p. 365. ^ 2.] 
 [C.S.P. IV. 1107.] 
 [1099.] Whitehall, 8 November : 
 
 [The Council refer to the Lord High Treasurer for examina- ga^^jados 
 tion and report the petition of] Capt. James Barret, Setting 
 forth his Services and Sufferings for his Majesty both at 
 home and abroad, for which he never troubled his Majesty for 
 any Pension or Donation, but subsisted since his Reducement 
 
 * The embargo was removed on 6 December on the petitions of several 
 London merchants trading to Virginia and Maryland. 
 
 [p. 393 H ] : C.S.P. IV. 1173.1 
 
676 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 from being Captain of Dragoners in his Highness Prince Ruperts 
 Regiment on account of Religion upon what little he had 
 left, which is now all spent, and himself in great Distresse, and 
 in danger of being arrested, And forasmuch as there is due 
 unto him 21 6Z. for Arrears of Pay for his Service in Barbados, 
 He humbly prayed his Majestys Order to the Lord High 
 Treasurer, to enquire into the said Arrear, and if the same 
 shall appear to be due to direct the payment thereof out of 
 the Revenue of 4 and J per Cent at the Barbados, or by 
 such other waies as shalbe thought fit. . . . 
 
 [p. 369. If 4.] 
 [1100.] Whitehall, 8 November : 
 Barbados. [The Council approve, and give direction for the preparation 
 
 of a letter in accordance with, the following report of the 
 Committee on a petition from the Assembly of Barbados 
 referred to them on 24 Nov. 1675] with a Paper thereunto 
 annext conteyning severall Greivances and heavy Pressures, 
 which they complayn they now lye under . . 
 
 Wee have considered and examined the said Petition and 
 annext Paper of Greivances, and do find that the same doth 
 consist of Three Heads. 
 
 1. The first of a Complaint of the great Charge 
 Trouble and Damage which they susteyne by the ffarmers 
 of your Majestys Revenue of ffour and an half per Cent 
 upon Sugars &c and pi'etending to weigh all their Cask. 
 
 2. That the Royall African Company hath not sent 
 sufficient Supplys of Negros to the Island, and that they 
 have sold those that they did send at dearer Rates then 
 formerly (when there was an open Trade) the Islanders 
 did pay. 
 
 3. And Thirdly, that which they call a Greivance are 
 the Acts for Trade and Navigation, from the Observation 
 of which, they would be dispenced with, and have Liberty 
 granted them to carry their Comoditys directly to ffor- 
 rain parts, without having the same first brought to 
 England. 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 677 
 
 As to the first Head concerning the ffarmers Weighing their 
 Caske of Sugars Wee have heard Colonel Thornbury the Agent 
 employed by the Island, and hkewise the ffarmers upon it, 
 And as on the one hand it has been demonstrated to Us, that 
 it is very inconvenient chargeable and a Losse to the Planters, 
 So did the ffarmers on the other hand make it appear, that 
 your Majestys Revenue is lyable to suffer very much by the 
 Abuses that are often practised in making use of bigger Caske 
 then the Gage, or ramming in the Sugars, so that they make 
 an ordinary Caske conteyne much a greater waight then the 
 Casks are allowed to conteyne. So that by the Incon- 
 veniencys on the one side and on the other, it were to be 
 Avished that some Expedient might be found to ease the 
 Planters without Losse to your Majestys Revenue And in 
 order thereunto some Overtures were made by the ffarmers. 
 But Wee being informed that the Right Honourable the Lord 
 High Treasurer is about new setting to ffarme your Majestys 
 said Revenue of ffour and an haK per Cent, Wee are humbly 
 of Opinion, That this point may most fitly and best be so 
 setled by his Lordship upon his letting of the said New ffarme, 
 between the Planter and the fiarmer to the satisfaction of 
 both Partys. 
 
 As to the Second Head of the Want of sufficient Supply of 
 Negros from the RoyaU African Company Wee did send to 
 the Sub Governor and Deputy Governor of that Company for 
 an account of that matter, who accordingly attended Us and 
 gave Us Satisfaction therein ; the said Colonel Thornbury 
 Agent for the Island of Barbados Hkewise attending and bemg 
 present, who thereupon did not insist further upon that Head, 
 but agreed that the Island had been well supplyed for this 
 Twelve Moneths past, and that when there was an Inter- 
 ruption, it was occasioned by the stop of Trade in the late 
 Dutch Warr. 
 
 But that which is the main matter of this Paper of 
 Greivances is the Third Head for a Dispensation of the Acts 
 of Navigation and Trade, Wee need not lay before your 
 
678 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 Majesty of what evill Consequence it is, that any of your 
 Subjects should presume to petition your Majesty against 
 Acts of Parliament (which are the Laws they must Mve under) 
 and call them Greivances, And Acts upon which the whole 
 fframe of the Trade and Navigation of this Kingdome doth 
 turne, and indeed would be destroyed by such a Dispensation, 
 which neverthelesse, if it were in any wise to be borne with 
 or granted, as surely it is not being of that weight. Wee humbly 
 conceive it only fit to be done by your Majesty in Parhament, 
 the whole Nation being concerned in it. 
 
 But upon this occasion give us Leave to observe to 
 your Majesty that Wee humbly conceive, that your 
 Subjects of the Plantations would hardly presume to 
 make any Addresse of this kind to your Majesty, were 
 they not connived at therein by your Majestys Governors, 
 And this Wee find to be the Ground of this particular 
 Case, ffor by an account which Wee received from Sir 
 Jonathan Atkins (being an Answer to some Enquirys of 
 Ours sent him concerning the state and condition of that Island) 
 Wee finde him if not the Prompter, yet the Consenter with 
 the Inhabitants of the Island for suspending the Acts of 
 Navigation and Trade, and that he doth labour with more 
 Arguments for it then the Inhabitants themselves in their 
 said Paper of Greivances, when on the contrary it was the 
 Duty of your Majestys Governor to have supprest any such 
 Addresse from the Inhabitants, Wee are therefore humbly of 
 Opinion, that it is very necessary for your Majestys Service, 
 that Sir Jonathan Atkins should by Letter from your Majesty 
 be severely reprehended for his Error and Mistake, and by 
 his concurrence encouraging the People therein. And that for 
 the future he should endeavour to suppresse any such notions 
 which tend not only to the ruine of the Trade of this King- 
 dome, but in the end would be the ruine of the Trade of that 
 Island also. 
 
 There is another Observation or Two which Wee have 
 made upon the above mentioned Account from Sir Jonathan 
 Atkins of the i? of July last, which have some Relation to 
 
1676.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 679 
 
 the first and second Heads of the Paper of Greivances of the 
 CounciU and Assembly of Barbados, And in the first Place 
 the said CounciU and Assembly in their Paper of Greivances 
 in the first Head (where they desire Redresse about the 
 weighing of their Caske) say that there was never any Duty 
 more chearfully paid, then that of the ffour and half per Cent, 
 and never so much as mention any thing that they thinke it 
 a Burthen, Yet Sir Jonathan Atkins in the Close of his said 
 Account doth desire, that for their Encouragement they 
 might be eased for some time of that Duty, which themselves 
 never so much as touch upon in their Paper of Greivances, but 
 on the contrary proffer to pay it with all cheerfulnes. Another 
 thing which Wee observe in the said Account of the ^ of 
 
 14 
 
 July last, is that Sir Jonathan Atkins continues that Com- 
 plaint against the want of Supply of Negros from the Royall 
 African Company, though Colonel Thornbury the said Agent 
 for the Island, confesses that they have been very well sup- 
 plyed for above Twelve Moneths which is a considerable time 
 before the Date of that Account. Wee humbly conceive that 
 both these points may hkewise very fitly be taken notice of 
 in your Majestys Letter to Sir Jonathan Atkins, who 
 should endeavour to hinder Complaints, and not promote 
 them, and more especially where the Ground of them was 
 removed, as in this of the Negros. He hkcAvise in his said 
 Account makes a large Complaint of the desperate Condition 
 of all your Majestys Plantations, and that the}"- lye under 
 great Discouragements without naming those Discouragements 
 which (if there be any thing that truly is a Discouragement) 
 he ought to have mentioned. But setting these Particulars 
 aside (which indeed deserves your Majestys Reprehension) to aU 
 of the Heads of Our Inquirys he hath given Us a very good 
 Answer, and doth deserve Comendation for it. 
 Nov. 7th, 1676. [PP- 499-500.]* 
 
 [C.S.P. IV. 1125.] 
 
 * On p. 370, at the end of the entries for 8 Nov, is a blank space, and a 
 margmal note : " Order to the Committee of Trade to prepare a schooling 
 letter to Sir Jonathan Atkins, Governor of the Barbados. Vide entred at 
 the beginning of March next.'' 
 
680 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 [1101.] Whitehall, 10 November : 
 
 Virginia. [An estimate of Mil. Is. 8d. for] Powder, Armes, Ban- 
 
 daliers, Match, small Shot, Partizans, Drums, Candles, and 
 Lanthornes, [for Virginia having been approved, the Master 
 of the Ordnance is instructed to provide for the transportation 
 of these stores]. [p. 373. T| 2.] 
 
 [CS.P. IV. 1124.] 
 
 [The Ordnance Estimates for Virginia from 14 June to 
 8 Nov. amount to 11,178^. 3s. 6d. : a tally has aheady been 
 struck for 2497L 6s. 8d. according to the estimate of 14 Jtme : 
 it is now ordered that the Lord High Treasurer cause the 
 remaining 8680Z. 16s. lOd. to be paid to the Master of the 
 Ordnance.] [p. 373. If 3.] 
 
 Royal 
 
 African 
 
 Company. 
 
 [1102.] Whitehall, 22 November: 
 
 [The Council refer to the Committee for examination and 
 report the petition of the Royal African Company, showing] 
 That Edwin Steed their Agent residing in Barbados having 
 in pursuance of his Majestys Charter granted to them seized 
 a Vessell called the Anne of Barbados and her Lading of 
 Negros imported thither contrary to the said Charter and 
 the Priviledges thereby granted to the Petitioners, One James 
 Vaughan, Bernard Schencknigh and Arthur Middleton Mer- 
 chants without regard to his Majestys Proclamation have 
 lately brought an Action against the Petitioners Agent in the 
 Barbados grounded upon the Statute of Monopohes for 
 the recovering of Treble Damages against him for seizing the 
 said Vessell and Lading, Which being contrary to Law as 
 the Petitioners are informed, They most humbly prayed his 
 Majesty would be pleased to issue out his Royall Comands 
 to the Cheif Governor of the said Island of Barbados for the 
 securing the Petitioners and their Agents in the quiet Enjoy- 
 ment of aU those Imunitys and Priviledges granted to them 
 by his Majesty and that no such vexatious Actions may be 
 brought and encouraged there against the Petitioners and 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 681 
 
 their Agents contrary to Law, and in contempt of his 
 Majestys said Charter. ^p 379 m 2 i 
 
 [C.S.P. IV. 1149.] 
 
 [On the 24th, the Council adopt the proposal of the 
 Committee to insert a clause to this effect in the letter 
 prepared for Sir J. Atkins (c/. 1100)] with a Reprimand to 
 him for suffering the said Action to be comenced against the 
 Petitioners Agent, for acting according to his Majestys Royall 
 ^^^^e"^- [p. 382. If 2.] 
 
 [CS.P. IV. 1157, 1158.] 
 
 [On the 29th, the insertion of the clause is ordered] 
 Requiring him to take effectuall Care, That no Ship or Ships 
 be permitted to go to Sea on a Trading Voyage from any 
 Ports or Places under his Government, untill such time as 
 the Masters Owners or other Proprietors of such Ships and 
 Vessells have given good Security, That they shall not go 
 to any part within the Limits of the Royall African Com- 
 panys Charter, ... nor import any Blacks, Gold, 
 Elephants Teeth, Malagetta or other the Comoditys of those 
 Countrys into the said Island of Barbados, or any other his 
 Majestys American Plantations contrary to his Majestys Royall 
 Charter granted to the said Company. 
 
 And it was further Ordered by his Majesty, That the said 
 Committee do also send the hke Order and Directions to the 
 Lord Vaughan Governor of Jamaica, and to the respective 
 Governors of all other his Majestys American Plantations 
 by the first opportunity of Conveyance, to be by them care- 
 fully observed and put in execution. [The Lord Treasurer 
 is instructed to send directions in accordance with this order 
 to the Customs Officers in the various colonies.] 
 
 [p. 386. IfH 3 & 4.] 
 
 [On 8 December, the exact wording of these directions is 
 given, differing practically not at all from that of the clause 
 in the letter to Sir J. Atkins.] [p. 396. ^ 2.] 
 
 [CS.P. IV. 1177.] 
 
Virginia. 
 
 Plantation 
 Trade. 
 
 682 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676. 
 
 [1103.] Whitehall, 8 December: 
 
 [Though the embargo has been taken off,]* yet for the greater 
 security of the Owners and Merchants concerned in the said 
 Ships, and to prevent their faUing into the hands of the Rebells 
 in Virginia, whereby those Rebells may bee supplyed and 
 supported, [The Admiralty are directed to] take care. That 
 notice bee forthwith given to the respective Masters of Ships, 
 now bound to his Majestys Plantations of Virginia and 
 Maryland, that they should Sayle to James River, there to 
 expect the order of Sir John Berry Commander of his Majestys 
 Ship, the BristoU, and to receive his Orders and directions 
 before they proceed to their respective Ports to Trade, vnder 
 the penalty to which his Majestys subjects are lyable by 
 law for succoring such as are in open Rebellion against his 
 Majesty. [Notice of this is by the best conveniency to be 
 sent to Sir John Berry.] [p. 395. ^ 1.] 
 
 [C.S.P. IV. 1178.] 
 
 [1104.] Ibid. 
 
 [Among the directions for issuing passes for ships to trade 
 from Ireland, occurs the following clause : — ] 
 
 15. All Shipps entring out for the West Indys, or to any 
 part in Africa beyond Cape Verde, or to any part of the 
 Mediterranean Sea, theire passes to determine upon theire 
 Returne, and being unladen in some port of Ireland, and for 
 that end to be obliged in the Bonds they are to give upon 
 taking out of such passes, that upon their returne, and being 
 unladen, the Masters of such Shipps shall deUver up theire 
 old passes ; And that passes for Ships entring for all other 
 ports be to continue for one yeare only, and the Bonds to 
 be filled up accordingly with a saving to Capture and Ship- 
 wrack, as before directed. [p. 401. Clause 15.] 
 
 [A similar clause occurs for Jersey and Guernsey Passes, 
 9 February 1677. {p. 466. clause 13.)] 
 
 See 1098 n. 
 
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 683 
 
 [1105.] WhitehaU, 13 December : 
 
 . . Peter Giraudeau Master of a Vessell I'Esprit du Bois Newfound- 
 D'Oloime returning in July last from Newfoundland, being '*""*■ 
 mett by his Majestys Ship the Bristol!, and mistaking his 
 Majestys Ship to be an Enemys Ship stood upon his defense, 
 when the Commander had made the Signall to have him come 
 on board, but yeilded himself assoone as he discovered his 
 Error, whereupon hee was carryed into Plymouth by the 
 Commander of his Majestys said Ship, Since which tyme 
 the Vessell hath been released by his Majestys Order, but the 
 said Peter Giraudeau remains still under Confinement, for 
 whose liiberty the [French] Ambassador humbly prays his 
 Majestic. [Mr. Pepys, Secretary of the Admiralty, is ordered 
 to] attend this Board upon Fryday the fifteenth instant with 
 such Evidence as hee hath against the said Peter Gireaudeau. 
 
 [p. 415. Tl 3.] 
 
 [On the 15th Giraudeau is ordered to be sent up for trial 
 in the Admiralty.] [p. 417. ^ 4.] 
 
 [1106.] Whitehall, 20 December: 
 
 [The Lords of the Admiralty are to make the Charles of Guern- Newfound- 
 sey a free ship, that she may proceed on her voyage to 
 Newfoundland.] \p. 423. ^ ].] 
 
 [1107.] Ibid. 
 
 [Sir Jonathan Atkins is to pay the effects arising from the Plantation 
 sale of 136 negroes and gold dust taken in the Maria by 
 the Phoenix (Captain Watson) to Mr. Strode for the use of the 
 officers and seamen of the Phoenix.] [p. 424. ]| 1.] 
 
 [1108.] Whitehall, 22 December : 
 
 Vpon reading this Day at the Board the humble petition West indies 
 and Representation of Francis Tyrwhit to the Answer of the 
 Lord Viscount Ranelagh and Wilham Lord Brereton to a 
 former petition of his concei-ning a Debt due to the said 
 Francis Tyrwhit from the late ffrancis Lord Wmoughby of 
 
684 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676-7. 
 
 Parham it was ordered by his Majestie in Councell that a Copy 
 of the said Rephcation be sent to the said Lord Ranelagh 
 with Directions that hee attend his Majestie at this Board 
 upon the 17th day of January next with his answer to the 
 same. [p. 428. ^T 2.] 
 
 [On 10 January, Tyrwhit is given permission to attend 
 with his Counsel on 17 January.] [p. 433. ^ 3. J 
 
 [On the 19th, on Lord Ranelagh's petition], That his 
 Majesty would be pleased to put off the Hearing of the 
 matter in difference between him and Mr. Tirwhit for some 
 longer time in regard of his present Indisposition, and for 
 that William Lord Brereton (who is joyntly concerned with 
 him, and hath aU the Papers relating to this AfEair in his 
 custody) is not in 'J'owne, the Petitioner promising, that in 
 the mean time he will not receive any part of the Money, 
 to which the said Mr. Tirwhit pretends a Title ; [the hearing 
 is deferred until Friday, 9 February.] [p. 441. 1| 3.] 
 
 [1]09.] Whitehall, 10 January : 
 
 New Whereas upon the humble Petition of Robert Mason and 
 
 fferdinando Gorges His Majesty was pleased the 22th of 
 December last to appoint Friday the 12th of this instant 
 January to hear the Petitioners Complaints against the Cor- 
 poration of the Massachusets Bay in New England, And that 
 WiUiam Stoughton and Peter Bulkley Agents for the said 
 Corporation should then attend. And whereas the said Agents 
 did by their Petition this day read at the Boord, set forth, That 
 they have made diligent Search aswell in the ChappeU of the 
 Rolls, as other Offices for Copies of the particular Grants 
 by vertue whereof the said Mr. Mason and Mr. Gorges lay 
 claim to severall Tracts of Land within the said Colony, but 
 not finding the same they camiot fully instruct their Councill 
 for a Hearing at this Boord, And therefore Prajdng the said 
 Mr. Mason and Mr. Gorges may be Ordered to give them 
 true Copies of the said Grants, they being willing to do the 
 same to them. [A mutual exchange of copies of the said 
 
 England 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 685 
 
 grants is ordered,] the Charge of the said Copies to be paid 
 by the Partys that shall desire or receive the same, And It 
 was further Ordered, That this Busines be heard at the Boord 
 within one Weeke after notice given to the Clerke of the 
 Councill attending of such mutuall Exchanges. 
 
 [p. 432. H 3.] 
 
 [C.S.P. V. 5.] 
 [1110.] Whitehall, 12 January : 
 
 Perient Trott and several other Merchants and Members Bermudas 
 of the Bermudas Company, Complayning, That the said Com- 
 pany do, by vertue of a By Law refuse to suffer the Petitioners 
 to send for their owne Comoditys of the Growth of the said 
 Islands with their owne Ships provided for that purpose, to 
 the great Damage of the Petitioners, and raine of their Trade, 
 And therefore Praying, That a free Trade may be 
 allowed to the Islands for such of his Majestys Subjects as are 
 Members of the said Company, and that such By Laws and 
 Orders as are made by the said Company contrary to Law 
 may be vacated, [the Governor and Company are to have a 
 copy of the petition and] to returne their Answer thereunto in 
 writing to this Boord on Wensday next the 17th instant. 
 
 [p. 435. II 2.] 
 [This answer having been returned by the Company on the 
 17th, a copy of it is ordered to be deHvered to Mr. Trott, and 
 the hearing of the case is fixed for Friday, the 19th.] 
 
 [p. 437. ^ 1.] 
 
 [1111.] Ibid. 
 
 [On the petition of Robert Yate, Thomas Earle and Robert West Indies. 
 Henly it is ordered that the Ambassador at the Hague shall 
 press on the revision of the case of the St. Joseph in the fairest 
 manner to which the States General wiU agree— ».«;., -w-ith as 
 small a proportion as possible of the judges of first instance 
 sitting as judges of appeal.] [P- ^38. 1| 1.] 
 
 [1112.] Whitehall, 2b January : 
 
 The Royall African Company of England having . . . Royal^ 
 humbly represented, [that since the recent regulations] those company. 
 
686 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 loose Traders have been more cautious by entring at the 
 Custome House the Goods they intend for that Trade for 
 some other Places, having at the same time other Ships fitting 
 out to take in the said Goods at Sea, or at some convenient 
 Ports, and then proceed for the Coast of Africa, as the Peti- 
 tioners have very good grounds to beleive that sundry Ships 
 have lately done, and are now informed, that one John Case 
 Master of the Antego Merchant is laden with Goods proper for 
 Guinee, and ready to depart for the said Place, though entred 
 at the Custome House for Antego, And therefore Praying his 
 Majesty to apply such Remedy for preventing the said Ship, 
 and aU other Ships for the future, as in his Princely Wisedome 
 shall seem most convenient ; [the Earl of Danby Lord High 
 Treasurer of England is to give directions to the Commissioners 
 of the Customs not to permit the said ship to sail without 
 giving good security not to infringe the petitioners' charter]. 
 And if the said Master shall refuse to give such Security, 
 that his Lordship make Report thereof to this Boord, that 
 such other Course may be taken therein as shalbe thought 
 fit, [p. 443. Tl 2.] 
 
 [C.S.P. V. 18. I.] 
 [1113.] WhitehaU, 26 January: 
 
 Bormudajs. [Upon Mr. Trott's petition,] all Partys attending and having 
 been fully heard two severall dayes by their CounciU Learned 
 touching the Lawfulnesse and Reasonablenesse of the said 
 Lawes, And his Majesty finding no Cause to alter the Com- 
 panys Method of managing their Trade in general! or Magazine 
 Shipps, Hath thought fit, and accordingly did Order That the 
 Petition of Mr. Trott be dismissed, and that he be left to take 
 his Course at Law, where the Matter touching the Regulation 
 and Laws of the Company are properly determinable as to 
 their vahdity. But forasmuch as it seemed doubtfuU to his 
 Majesty whether some better Improvement might not be 
 made of the said Island, if the Company should send more 
 Ships then one every year for the better Convenienoy of the 
 Inhabitants in venting the Growth and Product of the said 
 Island, and preventing the Trade of that Island with fforrain 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 687 
 
 Nations, His Majesty is pleased to referre the Consideration 
 of this Matter to [the Committee], And particularly, That 
 for the securing of his Majestys Dutys, Care be taken for 
 preventing iforrain Ships from resorting thither, so that the 
 whole Trade may be restreyned to England according to the 
 Act of Navigation, and their Opinion upon the whole matter 
 to report to his Majesty in Councill. [p. 445. If 2.] 
 
 [1114.] \^^litehall, 31 January: 
 
 Whereas John Strode Esqr did .... humbly Plantation 
 represent, That having in pursuance of his Majestys Order 
 in Councill entred into 1000?. Bond to make an equall 
 Distribution of the Negros and Dust Gold taken in the Ship 
 Maria amongst the Captain Officers and Seamen late belonging 
 to his Majestys Ship the Phoenix, WTiich Gold and Negros were 
 supposed then to have come to the Hands of Sir Jonathan 
 Atkins . . who was Ordered to pay the same to the 
 Petitioner [c/. 1107], but being since informed. That a great 
 part of the said Gold and Negros was deteyned by some of 
 the Oflficers and Seamen, He most humbly prayed his 
 Majestys further Order to require all and every other Persons 
 (asweU as the said Sir Jonathan Atkins) to accompt for and 
 pay to the Petitioner or his Order the Produce of the Gold 
 and Negros taken in the said Ship Maria, which can be proved 
 to come to their Hands, and also to indemnify his Majesty 
 from any Claim of the said Officers and Seamen for their 
 Right to the said Gold and Negros for the future. [The 
 matter is referred for examination and report to Sir Richard 
 Lloyd.] [P- 448. ^ 2.] 
 
 [1115.] Ibid. 
 
 [The Council request the Committee to meet on Tuesday Jamaica. 
 next, to report upon the petition of] Robert Clowes Esqr 
 Setting forth, That his Majesty having been pleased by his 
 Letters Patents to grant the Petitioner the office of Cheif 
 Gierke of the Supreme Court held at St. lago de la Vaga in 
 Jamaica with Liberty to execute the same by his sufficient 
 
New 
 England. 
 
 688 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Deputys, He did upon the Death of his two last Deputys 
 legally appoint Thomas St. Nicholas Gentleman, bred a 
 Lawyer to officiate in the said Office whom the Governor of 
 the said Lsland refuseth to admit as the Petitioners Deputy 
 to his great Losse and Damage, And therefore Praying his 
 Majestys Order to the said Governor to admit the Petitioners 
 said Deputy to the Exercise of his office. [p. 449. ^ 3.] 
 
 [C.S.P. V. 28. I.] 
 [1116.] Whitehall, 31 January: 
 
 Whereas the Agents for the Corporation of the Massachusets 
 Bay in New England have acquainted the Clerk of the Council! 
 attending, . . . that they had received from Mr. 
 Mason and Mr. Gorges Copies of the Grants which they 
 demanded of them . . . and were now ready for a Hear- 
 ing at this Boord ; And Mr. Mason and Mr. Gorges by their 
 Petition hkewise Prajdng a speedy day may be appointed 
 for that purpose, though they could not receive from the 
 said Agents the Copies they desired of them, [the whole matter 
 is ordered to be heard on Wednesday, 7 February, at three 
 o'clock]. [p. 450. % 1.] 
 
 [1117.] Ibid. 
 
 Bermudas. [A Warrant to the keeper of Newgate to keep Timothy 
 Briggs, notary pubHc, safe prisoner] untill he shalbe delivered 
 by due course of Law, or sha.ll have given sufficient 
 Security to stand to and abide such Prosecution as shalbe 
 made against him by Mr. Attorny Generall for his offence 
 aforesaid, [c/. 1031.] 
 
 [A warrant to Joseph White, one of the Messengers of his 
 Majesty's chamber, to carry Timothy Briggs to Newgate.] 
 
 [An order to the Bermuda Company to furnish Mr. Attorney 
 General with evidence against Briggs, and an instruction to 
 the Attorney General to prosecute on receiving such evidence.] 
 
 [p. 451. t 1.] 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 689 
 
 [1118.] WhitehaU, SlJanuary: 
 
 [The Committee report :] 
 
 Wee have caUed before Us Mr. Cranfeild to take an Surinam, 
 accompt how he hath discharged the Trust reposed in him 
 by your Majestys late Commission for the Removall of your 
 Subjects from Surinam, which was the principall part of his 
 Busines abroad, And Wee find by a particular Narrative of 
 all his Proceedings that he hath conveyed from Surinam to 
 your Majestys Island of Jamaica Two Hundred and ffifty of 
 your Majestys Subjects all Whites, together with Nine 
 Hundred Eighty one Slaves, which makes One Thousand Two 
 Hundred Thirty One Persons in all. 
 
 That before their Departure, he did adjust aU Differences 
 in accompts, and brought them off as much Savers as could 
 possibly be expected, leaving behind very few or none, unlesse 
 some Jews, whose coming away the Governor obstructed, and 
 for whom your Majesty hath since interposed by your 
 Ambassador to the States Generall. 
 
 That this niimber of your Majestys Subjects and their Slaves 
 being conducted to Jamaica with great Care and in good Con- 
 dition, hath been of considerable Advantage to the said 
 Island, which is also certifyed from your Governor there, 
 who did receive and afford them all those Accomodations 
 which your Majesty did graciously direct. 
 
 Wee also find. That Mr. Cranfeild did use his best Endeavours 
 to take a Veiw of other of your Majestys Plantations, as he 
 was instructed, having also your Majestys Passeport to that 
 effect. But wanting Conveniency to transport himself, he 
 could only apply his Observations to Jamaica, And therein 
 he hath given Us a generall Narrative, such as the time of his 
 Continuance in the Place could afford him to make. 
 
 He hath alleaged, and Wee suppose it may be true, that 
 he hath spent One Hundred pounds in this Service beyond 
 your Majestys Allowance, But however that Accompt may 
 stand, Wee are sure that from the time of his Departure untiH 
 
 4t 
 
690 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 New 
 England. 
 
 Plantation 
 Trade. 
 
 his Returne, Wee never fayled from time to time of constant 
 Informations how he proceeded in his Busines. 
 
 And he having in aU points discharged himself with ffidehty 
 and Successe Wee do presume to signify the same unto your 
 Majesty, And for his Encouragement to recommend him to 
 your Royall ffavour. . . 
 
 His Majesty was graciously pleased to Declare, That he was 
 fully satisfyed with the said Report And that Mr. Cranfeild 
 had acquitted himself very weU, and that as occasion served, 
 he should not want the Marks of his Royall ffavour. 
 
 [p. 451. 1[ 2.] 
 
 [1119.] Whitehall, 7 February: 
 
 [All parties having been heard in the controversy between Mr. 
 Gorges, Mr. Mason and the Corporation of the Massachusetts 
 Bay, the dispute is referred to the Committee] who are to enter 
 first into an Examination of the Bounds and Limits, which 
 each of the Parties concerned do pretend by their Seuerall 
 Grants and Patents to haue bin assigned vnto Them. And 
 in the next place to examine the Patents, and Charters which 
 are insisted on by either side, in Order to finde out, and settle, 
 how far the Rights of Soile or Gouernment do belong vnto 
 any of them. And for their Lordships better assistance herein. 
 The Right Honourable the Lords Cheif Justices of his Majesties 
 Court of Kings Bench, and Comou Pleas are hereby directed 
 to giue their assistance to the said Committee, and to haue 
 notice of the tyme or tymes when the said Committee shall 
 proceede to the examination of this affair \thich they are to 
 do with all convenient speede. And to Report to his Majestic 
 in Councill, how they finde the whole matter to stand. 
 
 [p. 453. ^ 1.] 
 [C.S.P. V. 47.] 
 
 [1120.] Ibid. 
 
 Vpon reading the Report of Sir Richard Lloyd . . . 
 
 in the Case of the Negros and Gold taken in the Ship Maria 
 
 . It is this day Ordered by his Majestic in Councill 
 
 tihat Sir Jonathan Atkins ... do acconipt for, and 
 
.1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 691 
 
 deliuer vnto John Strode Esqr. (who is appointed to receiue 
 the same) what part of the said Gold and Negros, or their 
 Proceede came to his hands. And also that he call to accompt 
 by all Lawfull Ways, and Meanes he can, such officers, Seamen, 
 and others now in Barbados, or the other Islands ^vithin his 
 Gouernment into whose hands any of the said Negros and 
 Gold, or the proceede therof came and Cause what shall 
 appear to be due from them on that accompt to be likewise 
 dehuered vnto the said John Strode Esqr. or his assignes. To 
 the end an Equall Distribution may be made therof according 
 to his Majesties Letter of the 6th of December last past. 
 
 [p. 454. ^ 3.] 
 [1121.] WhitehaU, 9 February: 
 
 The Eoyall African Company of England Setting forth, ^°^^^^ 
 that . . . John Thornborough, Master of the Ship Company. 
 Tyger ahas Faithfull Subject is lately gone from London to 
 Trade vpon the Coast of Africa, within the Limits of the 
 Petitioners Charter, without their Licence, and Reported 
 to diuerse Persons before he went, that he would carry his 
 Negros to Barbados, and there pubHquely expose them to 
 Sale, notwithstanding any opposition from the Petitioners 
 or their Factors, as in the Petition is more at large exprest. 
 And humbly praying his Majestic to releiue them herein. 
 [The Attorney and Sohcitor General are to be sent a copy of 
 the petition, and] are thervpon to prepare such an Order as 
 is fit to be sent vnto his Majesties Gouernor of the Barbados, 
 to forbid him to admit any disputes at Law, with the 
 Petitioners or their Factors Contrary to his Majesties Charter 
 granted to the said Company, and to present the same to his 
 Majestic next Councill day for his approbation. 
 
 [p. 455. ^ 2.] 
 
 [1122.] Ibid. 
 
 The Petition of John Barnes Master of the Ship Phenix Rantatioi 
 in the behalf of himself and the Seamen Concern'd in th^ 
 Prize Ship Maria, Complaining of Col. Strode [is ordered to] 
 be shewn vnto Col. John Strode, who is to shew Cause to this 
 boord why he does not Content the Petitioners, [p. 456. ^ 2.] 
 
Trade. 
 
 692 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 [1123.] Whitehall, 9 Febraary: 
 
 Plantation [The Committee having presented] a draft of seuerall Rules 
 and formes of Passes herevnto annexed for preventing the 
 fraudulent procuring of Passes in Tanger, and other his Majesties 
 Plantations in Asia, Africa, and America, sutable to the 
 different Treaties with forrein Princes, and states, together 
 with the forme of a Certificate to be signed by the officer 
 appointed to survey each Ship, for which a Passe shalbe 
 demanded. The Oath, and affirmation of the Proprietors, and 
 Oaths of the Masters demanding Passes, and the Bond to be 
 entered into by Them, as also some other points to be observed, 
 and appertaining thervnto. His Majestie was graciously 
 pleased to approve therof, and to Order that the said Rales 
 and formes . . be printed and sent to Tangier, and other 
 his Majesties Plantations in Asia, Africa, and America, where 
 the Gouernors and all other Officers therin concern'd, are 
 hereby required to see the same put in Execution and to 
 cause Proclamation to jssue, according to the forme here 
 amiexed for the determination of aU former Passes. [The 
 Committee are ordered to transmit to the governors the direc- 
 tions given and to require them to see the same duely and 
 punctually obserued within their respective governments.] 
 
 1st. That no Passe be granted in any of the said Plan- 
 tations, or Colonies, but by the Gouernors, or Deputy Gouer- 
 nors of the said Plantations or Colonies respectiuly as clieif 
 Magistrats of such Plantations or Colonies, with the Consent 
 of the Cheif Officer of the Customes there for the tyme being, 
 which consent is to be declared by the said Officer vnder his 
 hand vpon the body of the Certificate provided for in the 
 Article following. 
 
 2. That no passe be granted to any Ship or Vessell in 
 any of the Plantations or Colonies vntill such Ship or Vessell 
 haue been Surveyed by some officer appointed by the Gouer- 
 nors, or Deputy Gouernors of such Plantations or Colonies 
 respectiuely, and a Certificate produced from such Officer 
 to such Gouernors or deputy Gouernors, expressing the name. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 693 
 
 built, and burthen of such Vessell, and answering to each 
 other of the severall Heads conteined in the form of the said 
 Certificate herevnto annexed. 
 
 3. No Passe to be granted if by the said Certificate it doth 
 not appear that the said Vessell is in some Port or place in 
 the Plantation or Colony where the said Passe is demanded. 
 
 4. No such Passe to be granted vnlesse by such Certificate 
 it also appear that the Master of such Vessell and two thirds 
 of the Mariners are his Majesties Subjects. 
 
 5. That no Forreiner who is master of a Ship haue a Passe, 
 vnlesse he be naturahzed, or made a Denizon, and make out 
 he Denization or naturaUzation ; and those masters of ships 
 who pretend to be naturaliz'd or made Denizens, to haue no 
 Passes vntiU they make full and cleer proof, that their real], 
 and constant Residence is in such Plantation or Colony, where 
 the said Passe is demanded, and that their FamiHes are also 
 there, if any they haue ; And moreover as to such Master 
 of Shipps as pretend to Denization, that no passe be granted 
 vnto Them, \Tilesse it shall appear that their reall, and Con- 
 stant Residence, with their famiUes (if any they haue) haue 
 bin in such Plantation or Colony for the space of one year 
 before the demanding of such Passes. 
 
 6. That no Passe be granted vntiU the Register of the Place 
 to which each Ship belongs shall haue been carefully examined, 
 whether a former Passe hath been granted to such Ship in 
 pursuance of these Treaties, and in case any former Passe 
 hath bin granted, no passe be then granted, vntiU the former 
 Passe be dehuered \ip. 
 
 7. That euery Master of a Ship before he hath a Passe 
 granted him, do giae Bond with one good Surety to his 
 Majesties vse to the Gouernors, or Deputy Gouernours of the 
 said Plantations or Colonies that are to grant the Passes of 
 lOOl. sterling penalty if the Shipp appear to be aboue 100 
 Tunns for the return, and redehuery of his Passe, within the 
 time to be hmitted in his Bond to the said Gouernor or Deputy 
 
694 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Gouernor ; and of 501. sterling penalty if his Ship be vnder 
 100 Tunns, Avhich limitation of tyme to be made according 
 as is directed in the follo\ving Rule No. 13. 
 
 8. That before the granting of any Passe, the master of 
 euery Ship or Vessell for which a Passe is demanded, shall make 
 Oath in the presence of the Gouernor or Deputy Gouernour, 
 who is to grant the said Passe, that such Ship, or VesseU doth 
 belong to the Inhabitants of the Plantations or Colonies where 
 
 the Passe is demanded, and that are Proprietors 
 
 therof, naming as many of them as he knows, and their 
 respectiue Shares, and places of abode, and to what place such 
 Ship doth belong, and whether she had any former Passe, 
 and that he is the sole master appointed for the Voyage, and 
 knowes of no other ; And in case she be a forrein built ship, 
 declaring the tyme when she was bought, or became Propriety 
 of the Inhabitants of the said Plantation or Colony, and that 
 the Ship for which a Certificate is returned bearing date 
 
 returned by appointed for the Surveying 
 
 of Ships is the Ship concerning which this Oath is by him 
 made, and that the name by which he calls her is the true 
 name, and that he knows of no other name she hath, or hath 
 had, or if she hath had to declare it. 
 
 9. And in case a Passe be demanded for any forrein built 
 ship, bought since the first of January 1673, that before the 
 granting therof, not onely the master, but the Proprietors of 
 such Shipp, or as many of them as may be had, do make oath 
 before the Gouernor, or Deputy Gouernor of such Plantation 
 or Colony of their Propriety in such Ship, and what shares they 
 respectiuely haue, and when bought and for what sum of 
 money, and who are the rest of the owners, and their places of 
 abode, and the said Oath, or Oaths, and Certificate of the officer 
 that shall haue viewed or surveyed such Ship, shall haue bin 
 transmitted by the Gouernor or deputy Gouernor of such 
 Plantation or Colony, to the cheif ofi&cer of the Customes and 
 his approbation had thervpon in writing vpon the body of 
 the said oath or oaths and if any of the Proprietors of such 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 695 
 
 forrein built Ship shall appear to be Forreiners, that the 
 Gouernor, or Deputy Gouernor of such Plantation or Colony 
 do not grant a Passe to any such Ship, vntill full and cleer 
 satisfaction be given to them that such forreiners are truely 
 Inhabitants in such Plantation or Colony, and not Sojourners 
 come ouer onely to serue the turn of Forreiners beyond Sea, 
 during the present Warrs abrode ; and moreover that 
 whether such Propriety is claimed by Forreiners or Natiues, 
 due examination is to be had of the quality, Value, and worth 
 of such Persons, and of their ProbabiUty of hauing Such 
 Propriety ; and no such Passe or approbation to be granted, 
 vutill these things are cleerly made out vnto them. 
 
 10. That no Passe be granted but onely to Ships belonging 
 to some Port or Place in Such Plantation or Colony respectiuly. 
 
 11. That the forme of Passes hervnto annexed printed vpon 
 parchment, with Blanks, and no others be made vse of in such 
 Plantations or Colonies, wherby They may be distinguished 
 from all former Passes. 
 
 12. In like manner, that the printed formes of the Oaths 
 for the Master and Proprietors, and of the Certificats to be 
 made vpon viewing the ships, and also of the Bonds to be 
 entered into by the said master vpon the taking out of Passes 
 (aU which are herevTito annexed) to be made vse of in the 
 said Plantations or Colonies. 
 
 13. All Ships Entring Out Coast Waise, or for any other 
 of his Majesties Plantations or Colonies, their Passes to Con- 
 tinue for One Yeare only, and that Passes for Shipps entering 
 for Europe do determine vpon the returne of such Shipps and 
 their being vnladen in some Port or place in the Plantation 
 or Colony where such Ships receiued their Passes, and the 
 Bonds to be filled vp accordingly with a saving to Captiue and 
 Shipwrack as before directed. 
 
 14. That a perfect Register be kept by the Gouernor or 
 Deputy Gouernor in each of the Plantations or Colonies by 
 whom the Passes shalbe granted of euery Passe which shall 
 
696 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 be by them respectiuely so granted ; as also by the Cheif Officer 
 of the Customes of such Plantations or Colonies, of euery passe 
 wherto their consent shalbe given in pursueance of the second 
 Article ; which Registers are to be strictly kept, and to expresse 
 all the particulars in the said Certificate of the officer that 
 viewed such Ship, and in the Oath of the master ; and to 
 transmit quarterly transcripts of the Registers of Passes, to 
 the Lord high Admirall or Lords Commissioners of the 
 Admiralty in London, in order to the making vp, one intire 
 Register and Alphabet of passes granted in the said Plantations 
 or Colonies, for the ready informing his Majestie and their 
 liOrdships in aU matters relating therto, or wherin his Majesties 
 Service may require Inforjnation from the same. 
 
 A Proclamation or Order to be jssued in Tanger, and 
 other his Majesties Plantations or Colonies in Asia, Africa 
 and America as was done in England declaring all Passes 
 shalbe voyd that shall haue bin granted before this Regu- 
 lation. 
 
 [The following scales of fees and forms of passes, oaths, 
 etc., are appointed] : — 
 
 Fees for Passes, Oaths, Certificats &c to be paid 
 
 as foUoweth 
 
 For the Certificate of the Surveyor of the Navi- I. s. d. 
 
 gation 026 
 
 For the Certificate and oath of the Master . . . . 6 
 
 For the Passe in Parchment 012 6 
 
 For the Bond 10 
 
 For the Search and Registring ,, 1 
 
 17 6 
 
 Directions to masters of ships [that passes are to 
 
 be granted only by the Governors and Deputy 
 
 Governors of Plantations.] 
 
 Passes in pursueance of the Treaties with Spain and the 
 
 Vnited Provinces are to be had in the Colony of 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 697 
 
 from the Gouernor or Deputy Gouernor of the said Colony ; 
 And in regard these Passes are the same word for word One 
 Passe Serues both Treaties. 
 
 Form of the Bond to be given by Masters of Ships 
 before any Passe be granted to them. Nouerint 
 vniuersi &c. M<J- the Bond is entered already. 
 The Condition of this obligation is such, that wheras the 
 
 aboue bound hath received a Passe from for the 
 
 good Ship called the of and wherof he the said 
 
 is now master, bearing date the day of now, if the 
 
 said shall dehuer vp, or Cause to be deliuered vp the said 
 
 passe, to the said vnlesse the said Ship shall happen to 
 
 be taken by Pirats, or be cast away, or shipwrackt, then this 
 obHgation shalbe voyd, and of none effect, or elce shall 
 continue in full force, and virtue. 
 
 Sealed and dehuered in the presence of. 
 
 Form of the Oath of the Master for an EngUsh 
 Scotch or Irish built Ship, or a Ship built in any of 
 the said Plantations. 
 
 of mariner, and master of the called the 
 
 of Now at anchor in making oath in the presence 
 
 of that the said called the of burthen 
 
 Tuims, more or lesse, mounted with Gunns, and 
 
 Navigated with Men, wherof are his Majesties 
 
 Subjects and Strangers, bound for and wherof ; 
 
 he is appointed Sole Owner for the said (Voyage, and knowes 
 
 of no other master ; is an Enghsh built and doth 
 
 belong to the Inhabitants of the Plantation or Colony of 
 
 in the Dominion of his Majestic of Great Britaine, and '^^^^^ h« 
 
 knows of any 
 
 that the said is the same which hath been Surveyed °t^er name 
 
 by and for which he hath made a Certificate bearing date hath had ex- 
 
 the day of anno Domini and he knowes of Sedarifg"' 
 
 no other name the said hath bin called or is called by, the s^i^e." 
 
 then the name aboue mentioned and he knows of no other >, ^r if she 
 
 Passe the said hath had. former passe 
 
 Jurat That the Contents are true. whittle- 
 
 Coram &C. come of it." 
 
698 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Form of the Certificate of the Officer appointed for 
 the Surveying of Ships in each of the said Plantations, 
 for an Enghsh Scotch or Irish built Shipp in any of 
 the said Plantations. 
 
 In pursueance of his Majesties Order in Councill of 
 
 I vnderwritten being the officer appointed for the Sur- 
 veying of Shipps in do testifie, that the of is 
 
 a built of burthen Tunns and Gunns 
 
 Ijang at w-ithin bound for and wherof 
 
 is master, and is navigated with men, wherof are 
 
 his Majesties Subjects and Strangers, dated the 
 
 day of anno Domini 167 — . 
 
 Form of the oath of a master of a Forrein built Ship 
 
 whether bought before or since the first of January, 
 
 1673. 
 
 of mariner, and master of the called the 
 
 of now at Anchor in maketh oath in presence 
 
 of — — that the said called the burthen Tunns 
 
 more or lesse, mounted with Gunns, and Nayigated 
 
 with men, wherof are his Majesties Subjects, and 
 
 Strangers, bound for wherof he is appointed sole 
 
 '' ■^^''^^^^ master for the said Voyage and knowes of no other master, 
 
 Names and is a forrein built bought the day of and doth 
 
 tiue parts or wholy belong to the Inhabitants of and that are 
 
 w^tTthik^*'^ Owners of her, and that the said Vessell is the same, which 
 
 places of hath bin Surveyed by and for which he hath made a 
 
 abode. 
 
 Certificate, bearing date the day of and that he 
 
 "Md. the knowes of no name the said VesseU hath been, or is called 
 as'aboue^"^^ or known by other then the name abouementioned, and that 
 
 he knows of no other passe the said Vessell hath had or 
 
 Jurat the aboue named master of the said Vessell 
 that the bill of sale produced to the officer of the 
 Navigation is true, and that the Persons therin men- 
 tioned are the present reall Proprietors of her. 
 
 Form of the Certificate of the officer appointed for 
 
 the Surveying of Shipd in for a forrein built 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 699 
 
 Ship, whether bought before or since the first of 
 January 1673. 
 
 In pursueance of his Majesties Order in Counoill of 
 
 I vnderwritteu being the Ofificer appointed for the Sur- 
 veying of Ships in do testifie that tiie said of 
 
 is a forrein built of the burthen of Tunns, and 
 
 Guiins, now lying at Anchor within bound for 
 
 wherof is master, and is navigated Avith men, 
 
 wherof are his Majesties Subjects, and Strangers, 
 
 and appeareth to be bought, and belong to the Inhabitants 
 
 of by a bill of Sale bearing date the day of 
 
 Anno Domini produced to me. Dated this day 
 
 of anno Domini 167 — . 
 
 Form of the Oath of the Proprietors of a forrein 
 built ship bought since the first of January, 1673. 
 
 I vnderwritten of make Oath, that I aui a 
 
 Proprietor in the called the of for which a 
 
 Passe is demanded by Master of her, and that I bought 
 
 the same the day of • for the summe of really, 
 
 and without any fraude, paid by me for the .same, and that ^'^^'^^'™ '^®^® 
 are part Owners therof, and that none but Inhabitants Owners 
 
 respectiue 
 
 of to the best of my knowledg haue any part or share Names, 
 
 in the said dated this day of anno Domini abodTand 
 
 T on shares as 
 
 neer as he 
 
 Jurat that the Contents abousaid are true. can." 
 
 Coram &c. 
 
 Form of the Passe in pursueance of the Treaty with 
 Spain, and the Vnited Provinces for his Majesties 
 respectiue Plantations. 
 
 To all vnto whom these presents shall come Do 
 
 testifie and make known that of the — — called the 
 
 hath in Our presence vnder Solemn Oath declared that 
 
 the said of the burthen of wherof he is at present 
 
 Master, doth belong to the Inhabitants of the said Plantation 
 or Colony within the Dominions of his Majestie of great 
 Britain; and Wee desirous that the said master may be 
 
700 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 assisted in his Voyage and busines, do intreat all persons in 
 general], and in particular who shall meet him, and those 
 of all places where the said Master shall come with the said 
 
 and her Merchandize, That they would admit him 
 
 fauorably, treat him kindly, and receiue the said into 
 
 their Ports, Bayes, Havens, Riuers, and Dominions, per- 
 mitting her quietly to saile, passe, frequent, and negotiate 
 there or in any other place, as shall seeme good to the said 
 JNIaster, Paying still the Tolls and Customes which of Right 
 shalbe due ; Which Wee -niU acknowledge gratefully vpon 
 the Mke occasions. In Witnes AVherof Wee haue signed these 
 
 presents, and Sealed them with the Seale of the 
 
 [pp. 478-484.] 
 
 [1124.] WhitehaU, 21 February: 
 
 Newfound- [The Committee is ordered to] meet on Saturday the 24th 
 
 land. jj£ February Instant to Consider the Petition and Complaint 
 
 of John Downing an Inhabitant of Newfoundland, touching 
 
 Injuries done him in that Country by order of the Merchants, 
 
 and Traders to Newfoundland, [and to report]. 
 
 [p. 489. ^ 2.] 
 [C.S.P. V. 16. I.] 
 [1125.] Ibid. 
 
 Newfound- Vpon reading the Petition of the Merchants, and Traders 
 to NeM^foundland on Fishing Voyages ; His Majestic in CounciU 
 being wiUing to gratifie the Petitioners in any thing that 
 may Cause the late Letters Patents touching the Fishery of 
 Newfoundland to be made effectuaU to them, [refers the 
 petition to the Committee for examination and report]. 
 
 [p. 489. II 3.] 
 [CS.P. V. 75.] 
 
 [On 23 March the Committee is ordered to] meet on 
 Monday next at Three . . to examine the present State 
 and Condition of the Newfoundland ffishery and of the 
 Plantation of his Majestys Subjects there, [to send for 
 and examine witnesses, and to report.] [p. 509. f 2.] 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 701 
 
 [1126.] Whitehall, 23 February: 
 
 [IVIr. Tyrwhitt's claim for moneys laid out partly for his '^^^^ in<iies. 
 Majesty's service and partly for Lord Willoiighby's private 
 use, having been heard, the whole matter is referred to the 
 Lord High Treasurer for examination and report, and all 
 payments on the Privy Seal of 8400?. passed for Lords Brereton 
 and Ranelagh are meantime to be stopped.] [p. 493. 1| 2.] 
 
 [1127.] WTiitehall, 23 March : 
 
 [Thomas Williamson and John WiUiamson, owners of the Plantation 
 
 Trade. 
 
 ship Diligence of Liverpool whereof Nicholas Stone was master, 
 set forth that in a trading voyage to the West Indies in 1675, 
 having taken on board their full lading of logwood, cocoa, and 
 plate, while coming from the Bay of Campeachy for London, 
 they were seized by a Spanish man of ^var called the Caesar, 
 Philip Juhan commander, about 60 or 70 leagues to the 
 westward of the dry Tortugas, and the ship stripped of 
 lading, stores and rigging. They pray for his Majesty's letters 
 to the Court of Spain in order to obtain satisfaction. Mr. 
 Secretary Coventry is ordered to write to Sir William 
 Godolphin, and to speak with the Spanish envoy.] 
 
 [p. 508. ^ 5.] 
 
 [1128.] Whitehall, 28 March : 
 
 [In pursuance of the previous order [1125], the Committee j^ewfound- 
 report that] Wee have called before Us the Petitioner John 
 Downing of Newfoundland, appearing in behalf of himself and 
 the rest of the Colony, as also severall Gentlemen of the West 
 Country and Merchants concerned in this ffisliery. But whereas 
 it was aUeaged by the said Gentlemen and Merchants, that 
 by reason of the short warning given them for their Appearance, 
 they were in no manner prepared to make out their pretensions 
 in the vaHdity of their Charter, Which they did not doubt 
 to satisfy us in, if the space of fifteen dayes were given them 
 to acquaint their Correspondents in the Country, and provide 
 themselves with those Evidences and Demonstrations of 
 Right, by which their Patent is supported, Wee could not 
 
702 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 but allow of so reasonable a Request and did therefore assigne 
 them the 10th of Aprill next, at which time Wee propose to 
 enter into a further Examination of the whole Matter referred 
 unto Us by your Majesty for a f:nall Settlement thereof. 
 
 But in the mean while, least the Planters at present 
 inhabiting in Newfoundland and ffishing there, should be 
 disturbed and molested by the Masters of the ffishing Ships 
 upon pretence of their Charter, whereby no Person is to 
 inhabite within Six Miles of the Shoar and in order to the 
 maintenance of Peace and Quiet amongst your Majestys Sub- 
 jects in those parts, Wee do most humbly offer unto your 
 Majesty That Orders be forthwith sent by a ship called the 
 St. Johns Merchant now lying at Dartmouth, unto the 
 Admiralls of the severall Ports and Harbours in Newfound- 
 land, vv'hereby all Masters and Seamen ffishing this year in 
 those parts may be directed to forbear any Violence to the 
 Planters upon pretence of the said Westerne Charter, and 
 suffer them to inhabite and fish according to the Usage of 
 the years last past, Provided they do in all other points con- 
 forme themselves to the severaU Rules of the said Charter. 
 And that the Inhabitants do hkewise on their parts continue 
 the good Correspondence with the said ffishermen, which 
 your Majestys Subjects are bound to mainteyne with each 
 other, without any offence or Molestation whatsoever, untill 
 your Majesty shall proceed to a further Resolution concerning 
 the said Fishery and Plantation, and make knowne your 
 Royall Pleasure in relation thereunto by the Captains of 
 your Majestys ffregats designed Convoys this year to the 
 Ships trading to Newfoundland. 
 March 26, '77. 
 
 [The report is approved, and the Committee instructed to 
 give orders accordingly.] [p- 512. ^j 1.] 
 
 [C.S.P. V. 110.] 
 [1129.] Whitehall, 4 April: 
 Committee [The Committee having reported] vpon the Petition of 
 PlSatioM.'^ John Gauntlet vnder keeper of the Records of his Majestys 
 
1675-7.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 703 
 
 most Honourable Privy CounceU, [that he], in consideration 
 of his dihgent attendance on the said Committee, and of 
 his expence in providing paper, Pens, Inke, and other 
 necessaries at their Lordships meetings, did deserve the 
 allowance of 2s. a day, which amounts vnto 361. lOs. per 
 annum to be paid him from the 24th of June 1676 at which 
 time he began to attend the said service ; His Majestie approving 
 of the said Report, Avas pleased to Order, [that the money be 
 paid]. [j5. 518. ^ 4.] 
 
 ril30.] 
 
 -^ Ship Passes. 
 
 (1.) Whitehall, 17 December, 1675. Virginia. 
 
 [On the petition of James Therry of London merchant, 
 a pass is to be granted for the Sampson of London, 240 tons, 
 to sail from Plymouth to Virginia, if the Lords of the 
 Admiralty find her to be an Enghsh ship.] [p. 73. ^ 1.] 
 
 (2.) Whitehall, 5 July, 1676. 
 
 [Among petitions for passes referred to the Committee J^ewfound- 
 are those for — 
 The Hopewell of Dartmouth 
 The Scanderbeg of Barnstaple 
 The Diligence, the Desire, and 
 
 the Providence of Southampton/ 
 
 ip. 281.] 
 
 (3.) Whitehall, 13 December, 1676. 
 
 [Passes are to be granted by the Admiralty for greater West indies, 
 security in bringing home from the West Indies the Merchants' 
 Delight and the Hannah of London.] [p. 416. 1| 3.] 
 
 [C.S.P. IV. 1183.] 
 
 all to Newfoundland and 
 thence to the Straits. 
 
 CHARLES II. VOL. XIII. (2 May 1677—31 Dec. 1678.) 
 
 [Durini' this period there are added to the Committee : on Committee 
 22 December, 1677 the Earl of Northampton; on 26 July piantatiW 
 1678 Lord Berkeley ; and on 13 December 1678 th? Earl 
 of Aylesbury.] 
 
704 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Leeward 
 Islands. 
 
 [1131.] Whitehall, 4 May : 
 
 Royal [The Royal African Company representing that the ship 
 
 Company. Blossom of London, Michael Martin master, now in the 
 Thames and entered for the Canaries, is really bound for 
 Guinea and thence with Blacks to the plantations in prej adice 
 of their charter, the Lord High Treasurer is ordered to direct 
 the Commissioners of the Customs to examine the truth 
 of the complaint, and if it appears justified, to take security 
 for the prevention of such unlawful trade]. [p. 7. ^ 1.] 
 
 [C.S.P. V. 217. I.] 
 
 [1132.] Ibid. 
 
 [The Council refer to the Committee for serious inquiry 
 and full report, the petition of Lieutenant Colonel William 
 Stapleton, Governor of the Leeward Islands], Setting forth 
 the State and Condition of the said Islands, The great want 
 of Men, Armes and Amunition, As also of a small Frigate for 
 the better defence of the said Islands, And concerning the 
 Arreares of Pay, which is at present due unto the soldiers 
 there. ' [P- 8. H 3.] 
 
 [C.S.P. V. 224.] 
 
 [1133.] Whitehall, 9 May : 
 
 [The Committee having reported on a letter from Sir 
 Jonathan Atkins of 6 December last that the Governor finds 
 the island well provided with all sorts of ammunition except 
 match which he finds to be much decayed, the Council, on 
 their recommendation, direct the Master of the Ordnance to 
 provide a convenient quantity of match for his Majesty's 
 service in the island.] \P- 12. If 2.] 
 
 [C.S.P. V. 223.] 
 
 [1134.] Ibid. 
 „, , , ,. [The following report of the Committee is approved, and 
 
 West Indies. i- a l , , • j v 
 
 order given accordingly] :— Wee have lately received by your 
 Majestys Order, severall Letters, accompts, and Depositions 
 transmitted by the Lord Vaughan Governor of your Majestys 
 Island of Jamaica, setting forth the violencies, and Cruel 
 
 Barbados. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 705 
 
 usage of the Spaniards towards your Majestys subjects whom 
 they doe not onely diaturbe in their lawfull Trade and Navi- 
 gation in the West Indies, but continue to seize, Imprison, 
 and detein as Slaves, several! of them, notwithstanding the 
 present Treaty with Spaine, and good Correspondence main- 
 tained on the part of your Majesty with that Crowne ; and 
 Wee are taking care so to Consider, and lay before your 
 Majesty several! Instances of this nature that Reparation 
 may be accordingly demanded, future Injuries prevented, and 
 the Peace between both Nations in those Parts cultivated, 
 according to the true Intent, and purport of the said Treaty. 
 But in the meane while Wee doe most humbly represent unto 
 your Majesty the particular Complaint of Thomas Winford 
 gent in the behalf of his brother, and other of your Majestys 
 Subjects Referred unto Our Examination by an Order of the 
 10th of April! last, the fact Wherof Wee finde to be as 
 foUoweth. WiUiam Winford merchant and 4th son of Sir 
 John Winford Knight did about Two yearea since go from 
 London to the Island of Jamaica, Where he remained until! 
 about the month of February 1676, being master and owner 
 of a ship called the Adventure Ketch he sailed to the River 
 Treece in the Bay of Campeach, and coming from thence was 
 in a violent Hurricane forced on ground, and shipwraclit near 
 the said River But the said Winford and others Escaping to 
 the said Bay of Campeach, tools; shipping under the Command 
 of Captain White, whose ship in her voyage from the said River 
 Treece to Jamaica, was in August last taken by the Spaniards, 
 and carried into the Havana. In consideration therfore of 
 these Unwarrantable Proceedings of the Spaniards, and in 
 Compassion to your Majestys Subjects, who otherwise are 
 like to perish in this State of Slavery, Wee are most humbly 
 of Opinion that your Majesty do authorize Sir AViUiam 
 Godolphin your Majestys Ambassador in the Court of Spaine 
 to make known your Majestys high resentment for this affront 
 and severe treatment of your Subjects, and to obtein an 
 Order from the King of Spain to the Governor of the Havana 
 for discharging the said William Winford, [and all persons 
 
 45 
 
706 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Barbados. 
 
 Newfound- 
 land. 
 
 captured with him ; and that apphcation for speedy justice 
 be made to the Spanish Envoy here, as also by Lord Vaughan 
 at the Havana.] 
 
 Anglesey, Bridgwater, H. Coventry, Ew. Seymour, Phi. 
 Lloyd. 
 Councill Chamber ultimo April 1677. 
 
 [p. 13. H 1.] 
 [1135.] Whitehall, 9 May: 
 
 Upon reading the Petition of the Planters and merchants 
 concerned in his Majestys Island of Barbados, setting forth 
 that being of late under some feares of Warr with France, 
 and considering the unprovided Condition of the said Island, 
 especially in small Armes, which were most of them spoiled, 
 broken, and destroyed in the late great Hurricane, by which 
 defect, together with the force the French have now in those 
 Parts, the said Island may be exposed to great hazards ; and 
 praying his Majesty to grant them a supply of small Armes 
 and such other assistances as shall seem most fit, [the Com- 
 mittee are directed to consider the petitioners' complaint and 
 to present to the Board a state of the condition of Barbados 
 and the other Leeward Islands]. [p. 14. ^ 2.] 
 
 [C.S.P. V. 232.] 
 
 [1136.] Whitehall, 18 May : 
 
 [The Committee having reported their opinion] That the 
 Planters in Newfoundland be continued in the Possession 
 of their houses and stages, according to the usage of the last 
 yeares, untill further order from his Majesty, [and the report 
 being approved, it is ordered that the Commissioners of the 
 Admiralty] direct the Captains of the Convoys now going to 
 Newfoundland not only to make pubUcation of his Majestys 
 pleasure herein, but take care that nothing be attempted 
 Contrary therunto. Their Lordships are also to direct the 
 said Captaines to return by the first ships coming for Eng- 
 land a particular Answer to the severall Heads of Enquiry 
 transmitted unto them [by the Committee]. [p. 17. ^ 2.] 
 
 [CS.P. V. 256.] 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 707 
 
 [1137.] WhitehaU, 18 May : 
 
 [Mr. Secretary Coventry is directed to signify to the Antigua. 
 Governor of the Leeward Islands] his Majestys pleasure that 
 Colonel PhiMp Warner, be put out of the Government of 
 Antego, and any other Imployment or trust in his Majestys 
 Service. [p. 19. ^ 4.] 
 
 [CS.P. V. 237. T.] 
 [1138.] Whitehall, 23 May: 
 
 [It is ordered that the Court of France be requested to cause Surinam 
 the Golden Lion and cargo to be restored to Rowland Simpson, 
 or its value to be deposited in the Court of Admiralty in 
 England there to abide the final determination of law.] 
 
 [p. 25. Tj 2.] 
 
 [1139.] Ibid. 
 
 [The Committee report that, in spite of Sir J. Atkins' Barbados, 
 recent report about the sufficiency of miUtary stores in Bar- 
 bados, it appears from a petition of merchants and planters 
 and the examination of Sir Peter CoUeton and Colonel Thorn- 
 bury] that for Six Regiments of Militia, there are not One 
 hundred Pikes, the rest having been spoiled and rendered 
 uselesse by the late Hurricane ; and that a sufficient number 
 therof, is of absolute necessity for the Defence of the landing 
 Places, against the assault of an Ennemy. [On the recom- 
 mendation of the Committee, it is determined to provide 
 1500 pikes for the supply of the island.] [p. 26. Tf 1.] 
 
 [C.S.P. V. 264.] 
 
 [1140.] Ibid. 
 
 [The report of the Committee regarding the condition of^^|"* 
 the Leeward Islands and the necessity of sums of money 
 for their better defence and support having been read, it is 
 resolved that the whole matter be considered on the 30th instant 
 all concerned then giving their attendance, and that the 
 Lord High Treasurer do meantime consider of the report.] 
 
 [p. 26. If 2,] 
 [C.S.P. V. 254. I.] 
 
708 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 [1141.] Whitehall, 1 June : 
 
 ciir- to her '"'^^ Committee report the necessity of strengthening his 
 Majesty's colony in the island of St. Christopher by raising 
 some considerable fort, and that Colonel Stapleton recom- 
 mends Cieverley Point as the most convenient for the safety 
 and protection of shipping.] Of which Opinion also were 
 some IMerchants, who appeared before their Lordships upon 
 this matter, who also aifirmed. That the Islanders would 
 willingly contribute their Labours and Endeavours there- 
 unto, soe that if his Majesty would but furnish five hundred 
 pounds towards the building thereof, they did beheve the 
 Islanders would supply the rest. [On consideration of the 
 report, the Lord High Treasurer is directed to give orders for 
 the payment of 500Z. for the piupose stated.] \p. 35. ^ 2.1 
 [The Cormnittee further reporting] that they found by the 
 repeated Instances of Colonel Stapleton . . that there 
 was a great want of a Supply of foure hundred small Armes, 
 and other Materialls proportionable, which, by Estimate from 
 the Master of his Majestys Ordnance, Amount to the Summ 
 of four hundred ninety one pounds, Eight shillings, and 
 likewise that there was a Generall want of Feild Carriages 
 there, the Supply of which according to an Estimate likewise 
 given in by the Master of the Ordnance, amounts to the summ 
 of four hvmdred Ninety Nine poimds, and that there is a 
 GeneraU want of Powder and Shott, there being not one whole 
 Barrill in St. Christophers, and but two in Mountserrat and 
 noe Shott ; [the Lord High Treasurer is therefore directed 
 to advise with the Master of the Ordnance and take care 
 that the defects be suppUed with all convenient speed]. 
 
 [p. 38. ^ 4.] 
 
 [The Committee also report] That in Order to a further 
 supply of Inhabitants of his Majestys Colony in the Island 
 of St." Christophers, they had discoursed with some Merchants 
 touching the Transportation thither of such Malefactors as 
 by law might be Transported, and that the said Merchants 
 declared, that they would willingly take off and Transport 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 709 
 
 considerable numbers, Provided they might not be Obhged 
 to pay for them at the Goales in regard of the great Feea 
 demanded by the Keepers. And that thereupon their Lord- 
 ships (considering the Advantage which might accrew to his 
 Majesty by having the said Islaud supplyed as aforesaid) 
 did advise \vith Sir John Shorter Knight then One of the 
 Sheriffes of London to knowe how farr the Charges of the 
 Goale relating to Each Malefactor, might bee reduced, whereby 
 they found, that the said Charge might bee brought to One 
 pound Eleaven Shillings per head, which for Three hundred 
 Malefactors (which is the Number the Merchants were willing 
 to take off and thought requisite) Amounts to four hundred 
 sixty five pounds. And their I<ordships further Reported as 
 their humble opinion, That the said Summ (as the said Male- 
 factors were taken off) might bee satisfyed by his Majestys 
 Sheriffes for the time being, to bee allowed them upon Passing 
 their Accounts in the Exchequer. And the said T;ord Com- 
 mittees did further propose in their said Report, That the 
 Merchants or Planters who received the said Malefactors free 
 from the Goale, might Enter into P>ond before the Recorder 
 of London for the safe conve5nng the persons took off to 
 St. Christophers. [The report was approved, and the Lord 
 High Treasurer directed to give the necessary orders for the 
 execution of its recommendations.] [p. 39. ^ L] 
 
 [C.S.P. V. 280.] 
 
 [1142.] Whitehall, 1 June : 
 
 [On examination of the circumstances of the memorial of West Indies. 
 Count de Bergeyck, the Spanish envoy, as to the seizure of 
 the Buen Jesus de Las Almas with 46,471 pieces of eight and 
 two parcels of bulls or patents on her way to St. Domingo, 
 and other hostihties committed by Captain Bennet an Eng- 
 hshman, and on hearing the account thereof given by Sir 
 Thomas Lynch, then Governor of Jamaica, the Committee 
 report] That this Violence was in noe ways countenanced by 
 his Majestys Officers in those parts, and that neither the Men 
 on board the said Privateer were Enghsh, nor came into any 
 
710 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 New 
 England. 
 
 Barbados. 
 
 of the Ports of Jamaica to the knowledge of the Governour, 
 But on the contrary, That the said Bennet had French Men 
 on Board the said Privateer, French Commission, fought 
 under French Colours, had the Prize condemned, and divided 
 in a French Port, when at the same time, the Governor of 
 Jamaica tooke great paines, and was at great Charge to 
 Retreive her in Order to a Restitution: [On the recommen- 
 dation of the Committee, the papers are ordered to be trans- 
 mitted to Mr. Secretary Coventry with directions to make 
 known to the Spanish Envoy the true state of the case] — that 
 this Fact was committed as well in Contempt of his Majestys 
 Authority, as to the prejudice of the King of Spaine. 
 
 [p. 36. If 1.] 
 [1143.] WhitehaU, 8 June : 
 
 A Representation from Edward Randolph, employed by 
 his Majesty concerning several! matters relating to the state 
 of New England, and the Government thereof [was read 
 and referred to the Committee] to consider of the same, and 
 to take the opinion of such of his Majestys Judges as they 
 shall thinke fit concerning such Heads of the said Representa- 
 tion as relate to Matter of I^aw, And ... his Majestys 
 Learned Councell in the Law [are to] attend their Lordships 
 about this Affayre. [p. 40. Tf 2.] 
 
 [O.S.P. V. 290.] 
 
 [1144.] Ibid. 
 
 Upon reading the Petition of CoUonel John Strode together 
 with the Report of Sir Richard Lloyd Surrogate Judge of the 
 High Court of Admiralty in the Case of the Negroes and the 
 Gold taken in the Ship Maria, [it was ordered that Sir Jonathan 
 Atkins dehver what part of the negroes or gold or their pro- 
 ceed came into his hands to John Strode Esqr] who is 
 appointed to receive the Same, and has given Bond to make an 
 Equall distribution of the Effects of the said Negro's and Gold 
 according to an Order in Councell of the Twentyth of 
 December 1676. [Col. Strode is to be assisted in this by Sir 
 J. Atkins, and is also to call to account by aU lawful means] 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 711 
 
 such Officers and seamen, anti others, in whose hands any 
 of the Negro's or Gold, or the Proceed thereof came. 
 
 [p. 44. II 2.] 
 [1145.] Whitehall, 8 June : 
 
 [On the report of the Committee that not four but six Leeward 
 ministers of the Gospel should be sent to the Leeward 
 Islands, the Bishop of London is instructed to hcense and 
 appoint six able ministers, who shall attend his Lordship 
 concerning their transportation and maintenance at their 
 arrival.] [p. 45. ^1.] 
 
 [C.S.P. V. 291.] 
 
 [1146.] Ibid. 
 
 [With regard to the negotiations with France concerning Q^ . , 
 matters still in dispute between the Enghsh and the French 
 colonists in St. Christopher, the Ambassador in France is 
 instructed] vigorously to insist, that Justice may forthwith 
 bee done to his Majesty and to his Subjects that are aggrieved 
 concerning the said Island of St. Christophers, [p. 45. f[ 2.] 
 
 [C.S.P. V. 292.] 
 
 [1147.] "V^Tiitehall, 15 June : 
 
 [On the report of the Committee about recruiting the two g^^iato her 
 companies at St. Christophers,] His Majesty declared, That 
 hee would give Order for it in due time. [p. 48. ^ 1.] 
 
 [C.S.P. V. 300.] 
 
 [On 1 1 July, as a ship is shortly departing for St. Christopher's, 
 the Committee desire his Majesty to declare his further pleasure 
 regarding the levies ordered on 15 June, and it is ordered 
 that the Committee see to the issue of all necessary orders 
 for making levies to recruit the two companies and trans- 
 porting them by the conveniency that now offers itself.] 
 
 [p. 68. If 1.] 
 [C.S.P. V. 322. I.] 
 
 [1148.] Whitehall, 27 June : 
 
 [A report on the Leeward Islands by the Committee is read i^^eward 
 and approved. After recapitulating its recommendations as 
 to the two companies of foot (c/. 1028), the differences 
 
712 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 between the English and the French inhabitants (cf. 1051), 
 and the measures necessary for the security of the islands 
 (18 Feb., 1676),* none of these matters being yet satisfactorily 
 composed, the following recommendations are made : — 
 
 (1.) Ministers to be sent, and, as their remuneration 
 cannot be considerable (perhaps 501. a year, besides the 
 perquisites of funerals, etc.), preferments to be promised 
 them on their return to England after three or four 
 years' service. 
 
 (2.) The companies to be made up to the fuU comple- 
 ment by sending over recruits. A certain fund to be 
 estabhshed for their pay : to this end the obstacles that 
 arise in the present farm of the duties of the Caribbee 
 Islands should be swept away, and the revenue be applied 
 to the support of the companies according to the estab- 
 Ushment, recommended in a j'eport of 18 June, the total 
 cost amounting to 2112,1. 10s. M., besides 700i. for the 
 Captain-General. ] 
 And because by the said Report, Wee did Certify to your 
 Majesty from the Muster Rolles then transmitted. That the 
 Numbers of the said Two Companyes were Reduced from 
 Eighty men in each unto forty nine Men in the One, and fifty 
 four in the other, whereby it appeared, That Fifty seaven of 
 those, who first went over, were wanting. And having con- 
 sidered how many more may have dyed since the said Muster 
 Rolles were taken, and how many were grown Aged, and 
 Useless, and others Marryed and Setled, to whome it were 
 much more proper to allowe some few Acres of Ground, and 
 by the help of their Arreares, to let them turne Planters, Wee 
 could not Judge That the Recruit should bee of less then 
 Eighty Men, as necessary to Supply aU Defects. And because 
 Wee were informed, That the Charge of Raysing and Trans- 
 porting that Number of Men, would amount unto Five hun- 
 dred and sixty pounds, Namely The Raysing Twenty shillings, 
 and the Transporting Six pounds per Head, Wee prayed your 
 Majesty to direct the Lord Treasurer to furnish and advance 
 
 * Not given in Register, or in O.S.P. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 7lS 
 
 that summ unto Lieutenant Daniel Greatback, sent over to 
 that effect ; unless your Majesty for more Expedition should 
 thinke fit to draw that Number of men out of your Guards, 
 who would prove more usefull, and whose Roomes here would 
 bee more easily supplyed, and then the Charge of Transpor- 
 tation would only remaine to bee provided for. 
 
 3. [Merchants to be allowed to transport three hundred 
 malefactors, his Majesty paying their gaol fees of 468Z. 
 
 4. Government to contribute 5001. for the erection 
 of a fort on Cleverly Point. 
 
 5. 400 or 500 small arms with powder, etc., to be 
 supplied at a cost of 491Z. 8s. 
 
 6. The small forts are sufficiently provided with great 
 guns, but field carriages are required at an estimated 
 cost of 499Z. : — (3 for whole culverin, 4 for demi-culverin, 
 2 for sakers, 6 for saker-cuts about one thousand weight 
 a piece, 3 for other guns containing in weight from 
 two thousand six hundred weight to three thousand 
 weight a piece.] 
 
 7]y Wee also found great want of a Fifth Rate Friggatt 
 to attend the Governours Commands in those parts, which 
 might bee releived from time to time : the French having 
 seldome less then six good Friggatts plying thereabouts, 
 giving great Honour, strength and Encouragement to 
 all their Concerns. 
 
 Sly Wee thought that what Colonel Stapleton proposed 
 touching the Conveniency of Erecting an Admiralty Court 
 in those parts might bee fit for your Majestys service, as 
 well there, as in Jamaica, and in Barbados, where such 
 Admiraltyes are now setled. 
 [These recommendations for the security and advantage 
 of the Leeward Islands, which should be provided for whilst 
 your Majesty is in peace, lest all suppHes come afterwards too 
 late, have yet had no effect but the payment of the com- 
 panies' arrears to the persons appointed to receive the same 
 
714 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 on 7 July last, and of the Governor's salary on 24 June, so 
 that therein there is nothing further to be offered than that 
 for the greater conveniency of future payments a certain fund 
 may be settled to that end. 
 
 The other necessities grow more pressing, especially the 
 want of arms and ammunition], the more requisite, in as much 
 as the French upon St. Christophers are more then four to 
 One in Number stronger then your Majestys subjects, have 
 good Magazines on all their Islands, out of which, Armes, 
 and Ammunition are deKvered, and by convenience of Frigats, 
 which are constantly attending, are able to unite the whole 
 Strength of their Government upon aU Occations. [Colonel 
 Stapleton thinks a strong fort necessary upon each island 
 for securing his Majesty's sovereignty and the minds of his 
 subjects. Again, six ministers instead of four wiU be required.] 
 
 I^astly, Wee doe Represent Collonel Stapleton unto your 
 Majesty as a faithfuU Governour, Prudent, Able, and Vigilant 
 Commander, and a Person fit to be continued in your 
 Majestys favour, and doe therefore for his Encouragement, 
 And according to the Request hee has made Us, most humbly 
 beseech Your Majesty to give Orders, That the Pay due to 
 him as Lieutenant CoUonel in Sir Tobias Bridges Regiment, 
 which hath long since been due to him, and stated, with other 
 Incident Charges, may bee satisfyed in such manner as your 
 Majesty shall thinke fit. 
 
 Anglesey, Ormonde, Craven, Fauconberg, H. Coventry, 
 Robert Southwell. 
 
 Council! Chamber, 
 
 17th May, 1677. [pp. 60-65.] 
 
 [1149.] WhitehaU, 11 July: 
 Virginia. [The Committee having reported] That they have received 
 
 Information from Virginia, that a very considerable summe of 
 Monjj^ raysed there in the years 1674, 1675 and deposited 
 in England for a public Stock to be made use of for 
 Rewards and other Expences to such as were sent as 
 
1677.] ACTS Ot THE PRIVY COUNCIL (COLONIAL). 715 
 
 Agents from the said Colony for procuring a Charter from 
 his Majesty and other pubhc Necessitys, Hath been for 
 the greatest part thereof by the late Assembly (caUed while 
 the Country was yet remayning under great Distractions, 
 and incapable of making their Elections after the usuall 
 manner) disturbed and disposed of by Bills of Exchange to 
 uses which may prove lesse agreeable to the Intentions 
 of the New Assembly called by the present Governor, 
 It was upon consideration thereof, and in regard the 
 present Condition of the said Colony is so miserable 
 and necessitous that the misappHcation of so considerable a 
 summe of Money would be of very evill Consequence to his 
 Majestys Affaires and Resettlement of the Country, Ordered 
 by his Majesty in Councill, That Thomas Ludwell Esqr and 
 Colonel Daniel Parke Treasurers for Virginia be, and they 
 are hereby required to attend the Boord concerning this 
 matter on ffriday next the 13th instant at Ten of the Clock 
 in the morning And that in the mean time the said Treasurers 
 and all other Persons who have in their hands any public 
 Monies of the said Colony do forbear to dispose thereof, not- 
 withstanding any Directions they have received from the 
 Assembly of Virginia for that purpose. [p. 67. ^ 3.] 
 
 [C.S.P. V. 320.] 
 
 [On the 13th, the Treasurers are required to forbear to 
 issue any public moneys of Virginia without an Order in 
 Council for the same.] [p. 72. U 3.] 
 
 [C.S.P. V. 332.] 
 
 [1150.] Whitehall, 11 July : 
 
 [With regard to Lord Vaughan's refusal to admit the deputy Jamaica, 
 appointed by Robert Clowes, Chief Clerk of the Supreme Court at 
 Jamaica (cf. 1115), the Committee report that] as no Reason has 
 appeared unto Us, why this Refusall has been hitherto made, 
 and that the Petitioner dos at present appoint Charles Herbert 
 Esqr (against whom Wee have no Exceptions) to be his true 
 and lawfull Deputy, Wee do most humbly offer Our Opinions 
 unto your Majesty That a Copy of the said Complaint 
 
716 ACTS Ol' THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 exhibited by the Petitioner, be transmitted unto the Lord 
 Vaughan, Avith the Signification of your Majestys Pleasure, 
 That the said Charles Herbert be immediately admitted into 
 the Execution of the said office of Clerk of the Supreme 
 Court, As also that his Lordship and all other your Majestys 
 Officers in Jamaica do countenance and assist the said 
 Robert Clowes or his Assignes authorized by him in the 
 Recovery of aU ffees, Profits and Arrears arising from the 
 said office ever since the said Clowes hath been intituled 
 thereunto by your Majestys Letters Patents, and hath legally 
 appointed his severall Deputys to officiate therein ; such 
 reasonable satisfaction being made to those who have offi- 
 ciated by his Lordships Orders, as is requisite in pursuance 
 of the Instructions given him by your Majesty. 
 
 [The report was approved, and a letter in accordance with 
 its tenour ordered to be sent to Lord Vaughan, if the said 
 Clowes shall desire the same.] [p. 68. f 2.] 
 
 [C.S.P. V. 28.V.] 
 
 [1151.] Whitehall, 11 July : 
 
 Committee [It is ordered that the Committee are to have copies from 
 
 Plantations *h® Rolls of all such commissions, charters, and letters patents 
 
 as they find of use for his Majesty's service,] without any ffee 
 
 or Charge whatsoever except the Labour of the Clerks employed 
 
 in the Searches and the transcribing of the said Copies. 
 
 [p. 68. II 3.] 
 [CS.P. V. 321.] 
 
 [1152.] Ibid. 
 
 West Indies. [The Committee report] :— Having received by the hands 
 of Mr. Secretary Coventry several Letters Accompts and 
 Depositions transmitted by the Lord Vaughan your Majestys 
 Governor of Jamaica touching Injurys Affronts and Severitys 
 offered by the Spaniards to the Enghsh Nation in the West 
 Indies, and considering that not only your Majestys Soveraignty 
 dos appear to be thereby disputed but your Subjects obstructed 
 in their lawfuU Trade, and oppressed by unusuall and 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 717 
 
 unwarranted Crueltys, Wee presume to lay before your Majesty 
 the whole ffact as foUoweth : — 
 
 The Lord Vaughan in his Letter of the 4th of July 1676 
 sets forth, that it is certain, that there are divers of your 
 Majestys Subjects kept at the Havana as Slaves, and are 
 neither sent for Spain nor transported for Jamaica, and have 
 for a long time endured a most miserable Imprisonment Which 
 barbarous Usage and Practise of taking all Enghsh Ships had 
 occasioned a very great Regret and Discontent among the 
 People of Jamaica to find themselves unable to prevent or 
 revenge the Robberys and Spoyls committed on them. 
 
 His Lordship in his Letter of the 28th of the same Moneth 
 continues his Complaints against the Spaniards and par- 
 ticularly against the Governor of the Havana who appears to 
 have fitted out a Barca Longa that had seized all Enghsh Ships 
 coming in her way, robbed them and interrupted the whole 
 Navigation and ffishery, the Spaniards taking the Liberty 
 to breake the Articles of Peace, and committing all manner 
 of Violences on the Enghsh, assuming a Dominion in those 
 parts rehnquished by the Treaty of Madrid and declaring all 
 Vessells to be good Prize that had anything on board of the 
 Growth of those Indies. 
 
 [The Depositions of the masters of various vessells seized 
 or plundered by the Spaniards are summarised — Benjamin 
 Smith of the William and John whose cargo of turtle for 
 Jamaica was taken from him at Trinidad ; James Risbee of 
 the Swiftsure which was also plundered while fishing for turtle, 
 the Spanish captain asserting^that he had " a Commission from 
 his Cathohque Majesty and the Governor of the Havana to 
 take all the Enghsh they met upon the Coast, and that what- 
 soever was of the Growth of the West Indies, and found on board 
 any Enghsh Vessell was lawfull Prize, although it were Sugars 
 from Jamaica, That Island belonging to his King ; " Matthew 
 Sheves of the Pelican, New York for Jamaica, which, being 
 driven upon the north side of Cuba and there seeking water, 
 was plundered of provisions and other necessaries by a Barca 
 
718 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Longa commanded by Nicholas Remon ; John Pursley and 
 Matthew Love, kept like slaves in Havana for fifteen months, 
 working and carrying stones to build the wall, — when they 
 escaped, they left there above forty Enghsh whose names 
 are in the depositions ; Matthew Love makes oath also that 
 while he was a prisoner at Havana two Enghsh vessels were 
 made prize there, that there were discourses of commissions 
 granted against the English, and that he heard the Governor 
 say, that there was no peace in the Indies and that the 
 Spaniards might take all they met ; Francisco Antonia of the 
 city of Havana also testifies to the making prize of Enghsh 
 vessels there and to the fact that about fifty Enghsh prisoners 
 there were forced to work at the wall, confirming the evidence 
 of Love as to the Governor's assertion that there was war 
 with the Enghsh, and " when the Galhons arrived there, the 
 Governor put a stricter Guard upon these Prisoners least they 
 should embarke themselves for Spain."] The Lord Vaughan 
 ads. That he was credibly informed, that no lesse than Sixty 
 Enghsh remayned there Prisoners who were worse used, then 
 they would be if they were in Argeirs, being without aU hopes 
 of Redemption, unlesse they be sent for with Orders from 
 Europe. 
 
 [On consideration of the report, it is ordered that represen- 
 tations be made to Count de Bergeyck, the Spanish Envoy, that] 
 if some speedy course be not taken therein. His Majesty wilbe 
 forced by the Clamours of his Subjects to use such meanes 
 for their Reparation as Honour and Justice obhgeth him to. 
 
 And whereas it appears. That the Cheif Cause of the afore- 
 said Injurys and Depredations are occasioned by pretence 
 of his Majestys Subjects having Logwood on board their 
 Ships, It was further Ordered by his Majesty in CounciU, That 
 Mr. Secretary Coventry do expostulate this matter with the 
 said Envoye Extraordinary that his Majestys Subjects may 
 have free Liberty of trading in Logwood, in regard the 
 same is not Contraband Goods, and is frequently sold by the 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 719 
 
 Spaniards to his Majestys subjects in those parts, and that 
 he make Report ... fp_ ^q ^ ^-j 
 
 [C.S.P. V. 325.] 
 
 [On the 18th, it is ordered that a copy of the report be 
 
 sent to Sir Wilham Godolphin, who is to press the Spanish 
 
 Court to make satisfaction or give a written explanation of 
 
 their refusal and delay of justice.] [p. 75 ^ 3.] 
 
 [1153.] Whitehall, 11 July: 
 
 [The owners of the Virgin setting forth that after all their West indies, 
 sohcitations both here and in Spain,] They at length obteyned 
 some Dispatches from the Queen of Spain in order to their 
 Satisfaction, which the Petitioners humbly conceive to be 
 insignificant, it being impossible to put the same in execution, 
 or pursue the Method prescribed by them. And the Petitioners 
 being able to demonstrate, that no Privat Persons but the 
 Government of Spain alone is chargeable and ought to be 
 responsible for this cruell Depredation, they humbly prayed 
 to be heard thereupon by their Councill learned. [Friday, the 
 20th is appointed for hearing the matter.] [p. 73. ][ 3.] 
 
 [1154.] Whitehall, 15 July : 
 
 [The Committee report on the petition of Thomas Martin Jamaica, 
 and Leonard Compear as to the office of Receiver of Duties 
 in Jamaica (1086)], Wee did on the 6th of ffebruary last 
 hear Councill Learned in behalf of the Petitioner upon 
 the nature of the said Grant passed unto them by your 
 Majesty, And after a serious discussion of all Particulars, it 
 appeared unto Us, that the said Patent was very full, and 
 that the accustomed jffees were granted for collection and 
 Receipt of the Revenue in being, and of all such Dutys as 
 should be raysed hereafter. And although Wee were at the 
 same time informed by Sir Thomas Lynch and Captain 
 Molesworth then attending, that besides the Quit Rents 
 ffines and Escheats for which the Receiver might take ffees 
 as being your Majestys proper Revenue, there were other 
 T?ixes which were deemed to be the particular Revenue of th^ 
 
720 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Island, as being imposed and assessed for the particular use 
 thereof, And that therein the Patent Officer was not esteemed 
 to have any Right to the Receipt or any ffees thereout, Wee 
 could not approve of the said Distinction, but were of Opinion 
 that as in England, so in Jamaica, no pubhc Levies of money 
 ought to be made otherwise then in your Majestys Name ; 
 And that therefore the Petitioners were entitled to receive 
 the same, and to enjoy the ffees mentioned in your Majestys 
 said Letters Patents. 
 
 And whereas it was further made out by the Petitioners 
 that the Lord Vaughan did require from them a Security of 
 Six Thousand pounds, by which they find themselves much 
 disheartened and discouraged, Wee cannot, upon consideration 
 of the said Complaint, but offer Our humble Opinions that 
 your Majesty be graciously pleased to signify your Royall 
 Pleasure unto the Lord Vaughan, That he do forthwith admit 
 the Petitioners into the full possession of the office of Receiver 
 of all Dutys and Impositions whatsoever, as well such as are 
 imediatly applyed to your Majesty as of aU others imposed 
 and assessed for the particular use of the Island, And that 
 his Lordship do likewise mitigate the great Security, which 
 is at present demanded from the Petitioners whereby they 
 may be enabled chearfuUy and quietly to enjoy the full 
 Benefit of Your Majestys Letters Patents, and faithfully dis- 
 charge the Trust reposed in them. 
 
 [The report was approved, and order given that a letter 
 be written to Lord Vaughan in accordance with its tenour.] 
 
 [p. 73. 11 L] 
 
 [C.S.P. V. 327. I.] 
 
 [1155.] Whitehall, 18 July : 
 
 New [The Committee report on the controversy between the 
 
 Massachusetts Bay Company and Messrs. Mason and Gorges, 
 
 referred to them by Order of 7 February ; and having received 
 
 the opinions of the Chief Justices of King's Bench and Common 
 
 Pleas, they present the same : whereupon it was ordered that 
 
 parties be heard at the Board on the 22nd instant] upon the 
 
 (said Report, when his Majesty expects, that they conteyne 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 721 
 
 themselves within those Bounds of Modesty and Respect 
 that is due to the Judges of this Kjngdome. [p. 75. ^j 1.] 
 
 [1156.] Whitehall, 20 July : 
 
 [Whereas by Letters Patents of 8 July 27 Charles II., Virginia. 
 Thomas Lord Ctilpeper was constituted Governor of Virginia 
 upon the death, surrender or other avoidance of Sir William 
 Berkeley, and the latter being recently deceased. Lord Culpeper 
 was this day called in and took the Oaths of Allegiance and 
 Supremacy and the oath appointed to be taken as Governor of 
 Vkginia, (c/. 1080)]. [p. 77. ^j 1.] 
 
 [C.S.P. V. 360.] 
 
 [1157.] Ibid. 
 
 [On a fresh petition from the merchants and traders of and West indies. 
 to Jamaica and the Western Plantations rehearsing the 
 severities, violences and hostihties which they suffer at the 
 hands of the Spaniards (c/ 1152), quoting the number of 
 prisoners at Havana (besides what are sent to the galleys 
 and mines) as near 100, and "being dayly alarmed with 
 fresh losses," the petitioners are ordered to] give in their 
 particular Cases to the Right Honourable Mr. Secretary 
 Coventry, who hath received his Majestys Directions in order 
 to endeavouring Redresse of the Injurys complayned of, and 
 Reparation for the Losses susteyned by the Petitioners by 
 apphcation to the Court of Spain, and the Spanish Minister 
 here. ^P- ^8. U 2.] 
 
 [1158.] Ibid. 
 
 [The answer of the Massachusetts Bay Corporation to the f^^^^^_ 
 objections against their powers and jurisdiction made by 
 the Committee, is read and referred to the Committee for 
 consideration and report, with their opinion as to] what they 
 conceive fit for his Majesty to do for the better Regulation 
 and Government of the said Corporation, and to that end 
 their Lordships are desired to meet on Thursday next and so 
 on every Thursday following, untiU they shaU have brought 
 
722 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 this Busines to such maturity, as may be fit for his Majesty 
 to give his finaU Resolution therein. [p. 78. ^ 5.] 
 
 [C.S.P. V. 354.] 
 [1159.] Whitehall, 20 July : 
 
 England t'^^® Committee report their acquiescence in the following 
 
 report returned to them by the Chief Justices on the disputes 
 as to grants of land in New England] : — In obedience to your 
 Lordships Order, Wee appointed a day for the Hearing of 
 all Parties, and considering the Matters referred, Having 
 received from them such Papers of their Cases as they were 
 pleased to deliver. At which time all Partys appearing, the 
 Respondents did disclaim Title to the Lands claimed by the 
 Petitioners. And it appeared to Us that the said Lands 
 are in the possession of severaU other Persons not before Us, 
 ^Vhereupon Wee thought not fit to examine any Claimes 
 to the said Lands, it being in our Opinion improper to judge 
 of any Title of I.,and without hearing the Tertenants, or some 
 other Persons on their behalf. And if there be any course of 
 Justice upon the Place having Jurisdiction, wee esteemed 
 it most proper to direct the Parties to have Recourse thither 
 for the Decision of any Question of Property, untill it shall 
 appear, that there is just cause of complaint against the 
 Courts of Justice there for Injustice or Greivance. 
 
 Wee did in the presence of the said Parties examine their 
 severall Claimes to the Government and the Petitioners having 
 waved the pretence of a Grant of Government from the Councill 
 at Plymouth, wherein they were convinced by their owne Coun- 
 cil!, that no such Power or Jurisdiction could be transferred, 
 or assigned by any colour of Law. 
 
 The Question was reduced to the Province of Mayn, whereto 
 the Petitioner Gorges made his Title bj^ a Grant from King 
 Charles the 1st in the 15th year of his Reigne made to Sir 
 fferdinando Gorges and his Heires of the Province of MajTi 
 and the Government thereof. 
 
 In answer to this the Respondents alleaged, that long before, 
 vizt. 4*° Car: 1™'' the Government was granted to them, 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 723 
 
 and produced Copies of Letters Patents, wherein it is recited, 
 That the CounciU at Plymouth having granted to certain 
 Persons a Territory, thus described, vizt. : — 
 
 All that part of New England in America, which lyes and 
 extends between a great River there commonly called 
 Monomack ahas Merimack, and a certain other River there 
 called Charles River being in the bottom of a certain Bay there 
 called the Massachusets Bay, and also all and singular the 
 Lands and Hereditaments whatsoever lying and being within 
 the space of Three EngKsh Miles on the South part of the 
 said Charles River, or of any or every part thereof. And also 
 all and singular the Lands and Hereditaments whatsoever 
 lying and being within the space of Three English Miles to the 
 Southermost part of the said Bay called Massachusets Bay, 
 and all those Lands and Hereditaments whatsoever which 
 lye and be within the space of Three English Miles to the 
 Northward of the said River called Monomack alias Merimack, 
 or to the Northward of any and every part thereof, and all 
 Lands and Hereditaments whatsoever lying within the 
 Limits aforesaid, North and South in latitude and breadth, 
 and in length and longitude of and within all the Breadth 
 aforesaid, throughout the Main land there, from the Atlantic 
 and Western Sea and Ocean on the East part, to the South 
 Sea on the West. 
 
 By the said Letters Patents, the King confirmed that Grant, 
 made them a Corporation, and gave them Power to make 
 Laws for the Governing of the Lands and the People therein, 
 
 To this it was replyed, That the Patent of 4*° Car. 1™'' 
 is invalid 
 
 1. Because there was a precedent Grant ISMacobi of 
 the same things then in being. Which Patent was sur- 
 rendred afterwards, and before the date of the other 
 15° Car. l""*- 
 
 2. The Grant of the Government can extend no further 
 then the Ownership of the Soyle, the Boundarys of which 
 
724 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 as recited in that Patent, wholy excludes the Province 
 of Mayn, which lyes Northward more than Three Miles 
 beyond the river Merimack. 
 
 Wee having considered these Matters, do humbly conceive, 
 as to the 1st matter, That the Patent ^ Car: l""'' is good, 
 notwithstanding the Grant made 18° Jacobi, ffor it appeared 
 to Us by the EecitaU in the Patent 4*° Car: l"' that the 
 CounciU of Plymouth had granted away aU their Interest in 
 the Lands the year before and it must be presumed, they then 
 deserted the Government : whereupon it was lawfuU and 
 necessary for the King to estabhsh a sutable feame of Govern- 
 ment according to his RoyaU Wisedome, which was done by 
 that Patent 4 Car. 1™' making the Adventurers a Cor- 
 poration upon the Place. 
 
 As to the 2nd matter it seemes to Us to be very clear, That 
 the Grant of the Government 4*° Car: 1°" extends no fiu-ther 
 then the Boundarys expressed in the Patent, and those 
 Boundarys cannot be construed to extend further North- 
 wards along the River Merimack, then Three EngHsh Miles. 
 
 For the North and South Bounds of the Lands granted so 
 farr as the Rivers Extend are to follow the Course of the 
 Rivers, which make the Breadth of the Grant, and the words 
 describing the length to comprehend all the Lands from the 
 Atlantic Ocean to the South Sea of and in all the Breadth 
 aforesaid, do not warrant the over-reaching of those Bounds 
 by imaginary Lines or Boiuids : Other Exposition would (in 
 Our humble Opinion) be unreasonable and against the intent 
 of the Grant. 
 
 The Words (of and in all the Breadth aforesaid) shew that 
 the Breadth was not intended an imaginary Line of Breadth, 
 laid upon the broadest part, but the Breadth respecting the 
 Continuance of the Boundarys by the Rivers, as farr as the 
 Rivers go, but when the knowne Boundary of Breadth deter- 
 mines, it must be carried on by imaginary lines to the South 
 Sea. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 725 
 
 And if the Province of Mayn lyes more northerly then Three 
 Enghsh Miles from the River Merimack, the Patent of 4'° 
 Car: l""' gives no Right to govern there, and thereupon the 
 Patent of the same 15° Car. T' to the Petitioner Gorges 
 wilbe vahd. 
 
 So that upon the whole matter Wee are humbly of Opinion, 
 As to the Power of Government that the Respondents the 
 Massachusets and their Successors by the Patent 4 Martii 
 4 Oar: 1°" have such Right of Government as is granted them 
 by the same Patent within the Boimdarys of their Lands 
 expressed therein, according to such Description or Exposition, 
 as Wee have thereof made as aforesaid. And the Petitioner 
 Sir fferdinando Gorges his Heires and Assignes, by the Patent 
 3 April, 15° Car: 1™'' have such Right of Government as is 
 granted them by the same Patent, within the Lands called 
 the Province of Mayn, according to the Boundarys of the 
 same expressed in the same Patent. 
 
 [The opinion is signed by Ri: Rainsford and Fra: North, 
 
 and the Committee's report by Anglesey, Ormond, Bath, 
 
 Craven, H. London, G. Carteret, J. WiUiamson, Tho. 
 
 Chicheley, and Edw: Seymour. On the reading of the report 
 
 on the 18th, it was ordered that objections should be heard on 
 
 this day.J In pursuance whereof all Partys attending with 
 
 their Council), who not aUeaging any thing so materiall as 
 
 to prevayle with his Majesty and the Boord to differ in 
 
 Judgement from the said Report, His Majesty was pleased 
 
 to approve of and confirme the same. And did Order, That aU 
 
 Partys do acquiesce therin, and contribute what lyes in them 
 
 to the punctuall and due Performance of the said Report, as 
 
 there shalbe occasion, I'P- '^^- H !•] 
 
 [C.S.P. V. 353.] 
 
 [1160.] Whitehall, 20 July : 
 
 Whereas it hath been represented to his Majesty inMa^B^^^"^^ 
 Councill, That the Corporation of the Massachusetts Bay in 
 New England do take upon them to make Laws contrary to the 
 Power given them by their Charter, and to cause the same to be 
 
726 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 executed to the diminution of his Majestys Royall Authority, and 
 the great Greivance and Oppression of his Subjects inhabiting 
 those parts. It was thereupon Ordered by his Majesty in Councill, 
 That Sir ffrancis Winnington his Majestys SoUicitor Generall 
 do inspect the Laws made by the said Corporation of the 
 Massachusets Bay and examine how far they agree with the 
 Powers given them by their Charter, And what variations 
 or Differences he shall find therein to report to his Majesty 
 in Councill mth his opinion thereupon. And it was further 
 Ordered, That the Agents for the Corporation of the Massa- 
 chusets Bay do forthwith attend his Majestys SoUicitor with 
 true Copies of their Charters, and of aU the Laws there enacted, 
 and in force in that Corporation. [p. 80. ^ 1.] 
 
 [1161.1 Whitehall, 20 July: 
 
 Tobacco [A Commission to Charles Osborn and Giles Dunstar Esqres 
 
 Surveyors General of the Customs to destroy tobacco planted] 
 in and about Winchcomb in Gloucestershire, and other parts 
 of that County, as also in the Countys of Worcester, Hereford, 
 Warwick, Yorke, Lincolne, Nottingham, and places adjacent, 
 to the great prejudice of the Navigation of this Kingdome, 
 Hinderance of his Majestys fforrain Plantations and Customes, 
 and losse of the Trade of that Comodity to other parts. 
 
 [A letter to the Duke of Monmouth follows, directing him 
 to send a troop of horse to assist in burning, plucking up, and 
 destro3dng any such English-grown tobacco.] 
 
 [pp. 80. ^ 2 and 81. ^ 1.] 
 
 [1162.] Whitehall, 24 July : 
 
 West Indies. [After a full hearing of counsel as to the case of the ship 
 Virgin, the matter is referred to Sir Richard Lloyd Surrogate 
 to the Judge of the Admiralty, and to the rest of his Majesty's 
 counsel learned in the civil law, to examine all previous 
 proceedings, and to report in writing how far under the 
 existing treaty with Spain they consider letters of reprisal 
 will lie. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 727 
 
 Mr. Secretary Coventry is ordered to] write to Sir William 
 Godolphin, his Majesty's Ambassador at the Court of Spain. 
 Requn-mg him to acquaint that Court how his Majesty is 
 pressed m this Case, and that the Petitioners having made 
 out that none but the Court of Spain are chargeable and 
 ought to be responsible for the said Injurys and Losses, and 
 that he do vigorously insist for satisfaction, and let them 
 know His Majesty hath under his Consideration the Granting 
 of them Letters of Reprizall, and must give effectuaU Order 
 therein, if speedy Justice be not done them. 
 
 Ip. 84. IfTI 2-3.] 
 
 [1163.] Whitehall, 21 September: 
 
 [On the petition of Thomas Martin, Receiver of Duties and Jamaica. 
 Impositions in Jamaica, kept out of his office and imprisoned 
 without bail or mainprise by Lord Vaughan, the Committee 
 recommend that, as the Earl of Carhsle is not yet ready to 
 depart for that government, letters be sent to Lord Vaughan 
 and the officers concerned directing them to release the peti- 
 tioner and permit him to enjoy the right of his Majesty's 
 letters patents without any molestation whatsoever. The 
 Council approve the recommendation and order such a letter 
 to be written expressing his Majesty's displeasure with the 
 conduct of the Assembly and Governor in fining and imprisoning 
 an officer so qualified by his Majesty's Broad Seal, and 
 requiring] a further accompt from his Lordship touching the 
 extraordinary Proceedings of this whole affair. 
 
 [p. 112. ^ 1.] 
 [C.S.P. V. 410.] 
 
 [1164.] Ibid. 
 
 [Sir Richard Lloyd and Sir Thomas Exton make a f uU ^rada *'°° 
 report as to the Virgin, recapitulating previous notices of the 
 case, and bringing out some new points :] in July 1673 . . Sir 
 Thomas Linch thereupon ordered Captain Rurfield to go, in 
 your Majestys Ship the Portland to the Havanna, and Demand 
 Restitution, and satisfaction of the Gouernor there, who 
 answered. That he must go to the Crown of Spain to require 
 it, and then the said Gouernor went to the Court of Admiralty 
 and demanded of the Judges of the said Court their reasons. 
 
728 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 wherefore they had not condemned the said Ship, and her 
 lading, to which some of the said Court answered that they 
 knew not how to justifie the condemning of her, because there 
 was then and at the tyme of her Capture a Peace betwixt 
 the Crowns of England and Spaine wherto the Gouernor 
 replyde ; let not that trouble you, I will answer it, for I am 
 King of this Place ; and thereupon comanded them to proceede 
 to the Condemnation of her, whereupon the said Ship and her 
 lading were accordingly Condemned and sold as Prize . 
 before [Cooke] came from Madrid and after the receipt 
 of the aforesaid order. The Queen gave him a dispatch for the 
 Havanna bearing date the 2nd of July 1675 thereby declaring, 
 that plenary restitution ought to be made to the said Edmond 
 Cook of the value of the Prize, excepting the value of the 
 Campeche wood, notwithstanding the Confirmation of the 
 said sentence by the Councill of the Indies, and her appro- 
 bation of it, by the Scedula of the 19th April 1674, she therby 
 giving the 5th to the Privateer which by the Commission or 
 Dispatch above mentioned, is declared to be null and voyd. 
 . Having out of the Papers, and Orders that were 
 brought to us. Deduced with as much brevity as wee could the 
 foregoing narrative of all the Proceedings that have been in 
 this Case. It is our hunible opinion. That in regard your 
 Majesty hath but newly received satisfaction, that the 
 Government of Spain is responsible for the Injuries above 
 mentioned. It will be proper for your Majesty to command 
 that a Copie of this Narrative be sent to your ambassador to 
 present to his most Cathohque Majesty that he may see the 
 severaU Instances that have been made from tyme to tyme, 
 and to order him to require reparation, and satisfaction to 
 be made within six months from the Delivery thereof. This 
 wiU put the question out of dispute, whether the Methods 
 prescribed by the Treaty between both Crowns have bin 
 punctually observed, and made the Demand of justice most 
 fully Compleat, and then your Majesty may both by the 
 Law of Nations, and the aforesaid Treaties grant to the 
 Complainants letters of Reprizall . . August 17, 1677. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 729 
 
 [A copy of the report is ordered to be sent to the Ambas- 
 sador at Madrid, with instructions to press the Spanish Court 
 for satisfaction.] But as to the way of Redresse in the said 
 Report specified, the said Ambassador is not at present, to 
 insist thereon, or to make further use of the said opinion, 
 then for his own particular information herein. 
 
 [pp. 113-5.] 
 
 [1165.] WhitehaU, 21 September : 
 
 [The six ministers going to the Leeward Islands are to be Leeward 
 allowed 20L each for the charges of their transportation, ^'^^°'^'' 
 the money to be paid by the Lord High Treasurer to the 
 Bishop of London for their use without account and clear of 
 any fees to be paid thereout by the said ministers, an 
 additional 6Z. being allowed therefor.] [p. 116. "[I 1. 
 
 [C.S.P. V. 411] 
 [1166.] Ibid. 
 
 Richard Payne setting forth, that having been Deputy Barbados. 
 Escheator of the Island of Barbados, he caused a Jury to be 
 summoned to Enquir for his Majesty touching the Estate 
 of James De field an Alien, John Downel, and An his sister 
 dying without heires, and Francis Adgate that hang'd himself, 
 whose Estates are Escheated to his Majestys Crown by Virtue 
 of severaU offices therupon found, and severall Negro Slaves 
 of the said Defield were seized to his Majestys use, and com- 
 plaining of the severe usage of Samuel Farmer Esqre. Judg 
 of the Comon Please in the Precincts of St. Michael in the 
 said Island who caused the Petitioner to be closely imprisoned 
 on the account of Colonel Henry Wakond who pretended a 
 Right to the Estate of Defield, and praying Relief, [it was 
 ordered that a copy of the petition be sent to Sir Jonathan 
 Atkins for examination and report how the law stands there 
 in the case]. [p- 121. H 2.] 
 
 [1167.] Whitehall, 19 October: 
 
 [The Committee report] :— Wee having this day met about Virginia. 
 the affaires of Virginia, and reading the Petition of Sarah 
 
730 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Drummond the wife and Relict of William Drummond late 
 Inhabitant in that Plantation, setting forth, That her said 
 husband was, after the late RebelKon there, taken, stript, and 
 brought before Sir WiUiam Berkeley, your Majestys then 
 Governor there, and by him immediatly (though in time of 
 Peace) was, without laying any thing to his charge. Sentenced 
 to dye by Marshall Law (although he never bore Armes or 
 any Military office) not being permitted to answer for him- 
 seKe, or reserved to Tryal, according to the known Laws of 
 this Your Majestys Kingdome; but within four hours after 
 Sentence, being hurried away to Execution, by the Governors 
 particular Order, who, before that time (upon some Privat 
 grudge) had vow'd that the Petitioners said husband should 
 not live one houre after he was in his power. That although 
 the said Sir Wilham Berkley did invest the Widdows of all 
 the Rebels, that were either killed or executed, in their hus- 
 bands Estates, nay, even the Widdow of that grand Rebel 
 Nathaniel Bacon the only person excepted by your Majestys 
 most gracious pardon ; yet soe great was tiie said Governors 
 inveteracy against your Petitioners husband, that he not only 
 took away his hfe, but caused his small Plantation to be seized, 
 and given to himselfe, by the Councill, his Goods to be 
 removed, and imbezled, and forced the Petitioner with her 
 five poor Children, to fly from their habitation, and wander 
 in the Deserts and woods, tiU they were ready to starve. But 
 at the arrival of your Majestys Commissioners (upon giveing 
 Security) the Petitioner was, by their charitable compassions, 
 re-invested in the said Plantation, and a small remainder of 
 her said husbands Personal Estate untiU such time as your 
 Majestys pleasure should be known, without which shee and 
 her five children must inevitably have perished. And there- 
 fore humbly prajdng, since her said husband was sentenced 
 and put to death to contrary to the I^aws of this Kingdome, 
 and since your Majesty was graciously pleased to grant him 
 your pardon (among many others) in case he had been culpable. 
 That you would vouchsafe to Order the Petitioner to be 
 Restored unto, and confirmed in, \\hatever Estate was soe 
 
1677.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 731 
 
 taken from her husband as aforesaid; particularly to her 
 said Plantation, and the Crop now upon it, and that the 
 Securityes given to abide your Majestys pleasure may be 
 cancell'd and given up. 
 
 Wee having discoursed with Sir John Berry and CoUonel 
 Morrison touching the truth of the Petitioners Allegations ; 
 and finding the case, in all the parts thereof to be very deplor- 
 able. Wee cannot but recomend it to your Majestys Grace and 
 favour, to send Orders to Collonel Jefferies the Lieutenant 
 Governour, and to your Majestys Councill there. Requiring 
 them to give all sort of assistance, for the quieting the Peti- 
 tioner in the Possession of all shee hath and enjoyment of the 
 present Crop, As alsoe in the Recovery of what hitherto she 
 is not restored unto, or the value thereof in whose hands 
 soever the same may be found. But forasmuch as the case 
 of the Petitioner and her said husband will fall under a 
 generall rule that must comprehend this, and many other 
 like cases, which is not hitherto. Sufficiently considered off. 
 Therefore wee doe only propose this as a temporary ReUefe 
 unto the Petitioner. Soe that, as to the last part of her 
 prayer we doe not advise your Majesty to the cancelUng of 
 such Security as she hath given ; but rather that shee might 
 give further Security (such as the Lieutenant Governour and 
 Councill shall think fit) for what else may be recover'd and 
 restor'd unto her, and soe to remain untiU shee receive your 
 Majestys final determination Upon the whole matter. 
 
 [The report, signed by Finch C, Craven and Williamson 
 was approved, and letters ordered to be sent to Virginia in 
 accordance therewith.] [pp. 133-5.] 
 
 [1168.] Whitehall, 19 October : 
 
 [The Committee report] : — Among other the Affaires of Virginia. 
 Virginia, which this day came before us, wee have perused 
 the Petition of Richard Booth Esquire, Samuell Story, Samuel 
 Claphamson, and Wilham Paggin of London Merchants Setting 
 forth, That about the Month of July 1676, they did lade on 
 
732 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 board the ship Richard and Elizabeth of London (Nicholas 
 Pryn Commander) divers Goods and Merchandizes, the par- 
 ticulars whereof are contained in a biU of Lading and Invoice 
 (sworne unto and annexed unto their said Petition) upon 
 the account following, vizt.. One Fourth part thereof for 
 the account and risque of the said Richard Booth ; and 
 Samuell Story, [J for Claphamson, J for Paggin, and J for 
 William Hunt,] their Agent in Virginia, to whom the whole 
 was consigned. That, on the arrival of this ship in Virginia, 
 the said Goods (upon supposition that they were all belonging 
 to the said Hunt, and that he was ooncerned in the RebeUion 
 there) were seized and taken into the hands of Sir WUliam 
 Berkley, your Majestys then Governour there, as by a Note 
 under his own hand, produced to Us, doth appeare : [and 
 because | of the goods belong to the petitioners, and as Hunt] 
 was never convicted (nor soe far as they know ever guilty) 
 of any crime wherby his fourth part should become forfeited, 
 That the Petitioners may have aU the said Goods restored 
 to them in specie, the said Hunt being justly indebted unto 
 them a far greater Summe then his fourth part amounts to) 
 or at least the Three ffourths of them. [And that if the goods 
 have been embezzled or disposed of, that the Governor and 
 Council may have directions to assist the petitioners to 
 recover the value thereof from all concerned in the disposal 
 of them.] 
 
 Sir John Berry and Colonel Moryson affirming that there 
 appeared] noe manner of reason why Sir WiUiam Berkley 
 had seized the said Goods, For that the said Hunt was not 
 guilty of any misdemeanor, and that he dyed ten weeks 
 before the death of Bacon, [and Berkeley's seizure of the goods, 
 except a parcel of soap and one small runlet of brandy, 
 being proved by an acknowledgment under his own hand, 
 it is recommended that the petition be granted and the goods 
 or their value restored so far as shall be found possible. 
 
 This report is approved, and a letter ordered to be sent 
 to the Lieutenant Governor and Coimcil of Virginia accord- 
 ingly.] [PP- 135-7.] 
 
 [C.S.P. V. 407, II. J 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 733 
 [1169.] Whitehall, 19 October : 
 
 [The Committee report that, in accordance with an Order Virginia. 
 of 23 September, they have examined the articles of peace 
 concluded by the Lieutenant Governor of Virginia with the 
 Indian Princes — i.e., with the Queen of Pamunkey, the King 
 of the Nottoways, John West son of the Queen of Pamunkey, 
 the Queen of Waonoke, and the King of the Nancimond Indians. 
 On consideration of the twenty-one articles of the treaty, 
 and consultation with Sir John Berry and Colonel Moryson, 
 late his Majesty's Commissioners in Virginia, and with several 
 merchants and planters, the treaty appears to the Com- 
 mittee to be for the service of his Majesty and the security 
 of his subjects, and they recommend accordingly that it be 
 printed and that copies be sent to Virginia for the better 
 pubUcation and observance thereof. In printing, the style 
 of the Lieutenant Governor should be amended to make it 
 more suitable to the character given him by his Majesty's 
 Commission : " included " should be read for " concluded " 
 in the 20th article, and " in " is defective in the second article 
 to make it sense. 
 
 The report, dated 19 October and signed by Anglesey, 
 Essex, Craven, and WiUiamson, was approved and the 
 Articles ordered to be printed as amended.] 
 
 Articles of Peace Betweene the most mighty Prince 
 and Our Dread Soveraigne Lord Charles the Second by 
 the Grace of God King of Great Britaine, France, and 
 Ireland, Defender of the ffaith, &c. And the severall 
 Indian Kings and Queens, &c. Assenters and Subscribers 
 hereunto. Made and Concluded at the Camp at Middle 
 Plantation the 29th day of May (1677) being the Day 
 of the most happy Birth and Restauration of Our said 
 Soveraigne Lord, and in the 29th yeare of his Majestys 
 Reigne. By the Right Honourable Herbert Jeffreys 
 Esquire Governour and Captain Generall of his Majesties 
 Colony of Virginia. 
 
734 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 T^ i rri, XT 1,1 ( Si"" Jo^ Berry 
 
 Present Ihe Honourable j _, . ,, 
 
 ( J^rancis Moryson Esqr. 
 
 his most sacred Majestys Commissioners appointed 
 under the Great Scale of England for the affairs of 
 Virginia 
 
 and The Honourable Councill of State of the said 
 Colony. 
 
 Whereas his most Sacred Majesty hath of his owne Royall 
 Grace and meere motion Intrusted to my care and Endeavours 
 the Renewing Management and Concluding a Good Peace 
 with the Neighbour Indians In Order whereunto (with the 
 advise and assistance of the Honourable Sir John Berry 
 Kjiight and Francis Moryson Esqr) I have caused to be drawne 
 up these ensviing Articles and Overtures for the firme 
 grounding and sure EstabKshment of a good and just Peace 
 with the said Indians. And that it may be a secure and 
 lasting One (founded upon the Strong Pillars of Reciprocall 
 Justice) by confirming to them their just rights, and by 
 redresse of their wrongs and Injuries ; that soe the Great 
 God (who is the God of Peace and lover of Justice) may 
 uphold and prosper this our Mutuall League and Amitie, 
 It is hereby Concluded, Consented to and Mutually Agreed 
 as followeth. 
 
 1. First, that the respective Indian Kings and Queens doe 
 from henceforth acknowledge to have their imediate 
 Dependancy on, and owne aU Subjection to the Great King 
 of England, Our now Dread Soveraigne, his heires and suc- 
 cessors, when they pay their Tribute to the Right Honourable 
 His Majestys Governor for the time being. 
 
 2. That thereupon the said Indian Kings, and Queens, and 
 their Subjects shall hold their lands, and have the same con- 
 firmed to them and their Posterity by Patent imder the scale 
 of this his Majestys Colony, without any fee, Gratuity or 
 Reward for the same in such sort and in as free and firme 
 manner as others his Majestys subjects have and enjoy their 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 735 
 
 lands and possessions, Paying yearly for and lieu of a Quit- 
 Rent or acknowledgement for the same, onely three Indian 
 Arrows. 
 
 3. That all Indians who are in Amity with Us, and have 
 not land siifiicient to Plant upon, be (upon information) forth- 
 with provided for and land laid out and confirmed to them 
 as aforesaid, never to be disturbed therein, or taken from them, 
 soe long as they owne, keepe, and mainteyne their due 
 obedience and subjection to his Majestic, his Governor and 
 Government and Amity, and friendship towards the EngUsh. 
 
 4. Whereas by the mutuall discontents, complaints, 
 jealousyes, and fieares of Enghsh and Indians occasioned 
 by the violent Intrusions of divers Enghsh into their Lands, 
 forcing the Indians by way of Revenge to Kill the Cattle 
 and Hoggs of the Enghsh, whereby Offence and Injuries 
 being given and done on both sides the Peace of this his 
 Majesties Colony hath been much disturbed and the late 
 unhappy Rebellion by this meanes (in a great measure) 
 begun and fomented, which hath involved this Country 
 into soe much Ruine and Misery). For prevention of which 
 Injuries and eviU Consequences (as much as possibly wee 
 may) for time to come ; It is hereby concluded and Estab- 
 hshed that noe English shall Seate or Plant Nearer then 
 three miles of any Indian Towne, and whosoever hath made 
 or shall make any incroachment upon their Lands shall be 
 removed from thence and proceeded against as by the former 
 Peace made when the Honourable Collonel Francis Moryson 
 was Governor and the Act of Assembly grounded thereupon, 
 is provided and Enacted. 
 
 5. That the said Indians be well Secured and defended in 
 their Persons, Goods, and Propertyes against all hurts and 
 injuries of the Enghsh, and that upon any breach or violation 
 hereof, that the aggrieved Indians do in the first place repare 
 and a'ddresse themselves to the Governor acquainting him 
 therewith (without rashly and suddainly betakeing them- 
 selves to any hostile course for satisfaction) who will inflict 
 
736 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 such punishment upon the wiUfuU infringers hereof as the 
 laws of England or this Country permitt, and as if such hurt 
 or injurie had been done to any Enghsh man ; which is but 
 just and reasonable they owneing themselves to be under 
 the AUiegeance of his most sacred Majestie. 
 
 6. That noe Indian King or Queene be imprisoned without 
 a Speciall Warrant from his Majestys Governour and two of 
 the Councill, and that noe other Indian be Imprisoned without 
 a Warrant from a justice of Peace, upon sufficient cause of 
 Committment. 
 
 7. That the said Indians have and enjoy their wonted 
 conveniencies of Oystering, Fishing, and gathering Tuchahoe, 
 Curtenemons, Wild Gates, Rushes, Puckoone, or any thing 
 else (for their NaturaU Support) not useful] to the English, 
 upon the Enghsh Dividends : Always provided they first 
 repare to some public Magistrate of good repute, and informe 
 him of their Number and busines, who shall not refuse them 
 a Certificate upon this or any other Lawfull occasion, soe that 
 they make due retume thereof when they come back, and 
 goe directly home about their busiaes without wearing or 
 carrying any manner of Weapon or lodging under any English 
 mans dweEing-house one Night. 
 
 8. That noe iforraigne Indian be suffered to come to any 
 Enghsh Plantation without a friendly neighbor Indian in 
 his Company (with such Certificate as aforesaid) and noe 
 Indian King is to refuse to send a safe conduct with the 
 fforraigner upon any Lawfull occasion of his coming in, and 
 that noe Indian doe paynt or disguise themselves when they 
 come in. 
 
 9. That all Indian Kings, and Queens (Tributary to the 
 Enghsh) having Notice of any March of strange Indians neere 
 the Enghsh Quarters or Plantations doe forthwith repare to 
 some one of the next Officers of the Mihtia, and acquaint 
 him of their Nation, Number and designe, and which way 
 they bend their course. 
 
1677,] ACTS OP THE PRIVY COUNCIL (COLONIAL). 737 
 
 10. That if necessary a convenient party be presently sent 
 out by the next Colonell of the Militia to aid, strengthen, 
 and joyne with our friendly Indians against any fforraigne 
 attempt, incursion or depraedation upon the Indian Townes. 
 
 11. That every Indian ffit to bear Armes of the Neighbouring 
 Nations in Peace ^vith us, have such Quantity of Powder and 
 shott allotted him as the Right Honourable the Governor 
 shall thinke sufificient on any occasion, and that such Num- 
 bers of them be ready to goe out with Our fforces upon any 
 March against the Enemy, and to receive such pay for their 
 good services as shall bee thought fit. 
 
 12. That each Indian King and Queene have equaU Power 
 to Governe their own People and none to have greater power 
 than other Except the Queene of Pamunckey, to whom 
 severall Scattered Nations doe now againe Owne their Ancient 
 Subjection, and are aggreed to come in and plant themselves 
 under her power, and Government ; who, with her are akoe 
 hereby mcluded into this present League, and Treatj' of 
 Peace and are to keepe and observe the same towards the 
 said Queene in all things as her Subjects, as well as towards 
 the Enghsh. 
 
 13. That noe person whatsoever shall entertaine or keepe 
 any Neighbouring Indian as servant or otherwise But by 
 Lycence of the Governor and to bee upon Obligation answer- 
 able for all Injuries and Damages by him or them happening 
 to be done to any EngUsh. 
 
 14. That noe English harbour or entertaine any Vagrant or 
 Runaway Indian but convey him home by way of Passe from 
 Justice to Justice to his owne Towne under penalty of paying 
 soe much per day for harbouring him, as by the Law for 
 entertaining Runawayes is recoverable. 
 
 15. That noe Indian (of those in Amity with us) shall serve 
 for any longer time than Enghsh of the like age should serve 
 l)y Act of Assembly, and shall not be sold as slaves. 
 
738 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 16. That every Indian King, and Queene in the Month of 
 March every years with some of their great men, tender their 
 Obedience to the Right Honourable his Majestys Governor 
 at the place of his Residence wherever it shall bee, and then 
 and there pay the accustomed Tribute of 20 Beaver-Skinns 
 to the Governor, and alsoe their Quit Rent aforesaid in 
 acknowledgement that they hold their Townes and I^ands 
 of the Great King of England. 
 
 17. That due care be had, and taken that those Indian 
 Kings, and Queens their Great men and attendants that 
 come on any pubhque business to the Right Honourable the 
 Governor Councill or Assembly may be accomodated with 
 provisions and house Roome at the publique charge, and that 
 noe English Subject shall abuse, revile, hurt or wrong them 
 at any time in word or Deed. 
 
 18. That upon any Discord or breach of Peace, happening 
 to arise between any of the Indians in Amity with the English 
 upon the first appearance and beginning thereof, and before 
 they enter into any open Acts of hostihty or War one against 
 another they shall repare to his Majestys Governor, by whose 
 Justice and wisedome it is concluded such difference shall 
 bee made up and decided and to whose finall determination 
 the said Indians shall submit and conforme themselves. 
 
 19. That for the preventing the frequent Mischief es and 
 Mistakes occasioned by unfaithful! and corrupt Interpreters, 
 and for the more safety satisfaction and advantage both of 
 the Indians and EngUsh, that there be one of each Nation 
 of our neighbouring Indians that aheady can speake or may 
 become capable of speaking English, admitted (together with 
 those of the English), to be their owne interpreters. 
 
 20. That the severall Indians concluded in this Peace 
 doe forthwith restore to the respective Enghsh Parents and 
 Owners all such Children Servants and horses which they have 
 at any time taken from them, and are now remaining with 
 them the said Indians, or which they can make discovery of. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 739 
 
 21. That the Trade with the said Indians be continued, 
 Liniitted, restrained, or laid open as shall make best for the 
 Peace and Quiet of the Country Upon which affaire the 
 Governor will Consult with the Councill and Assembly, and 
 conclude thereon at their next Meetting. 
 
 [The signatures of the five Indian chiefs are appended.] 
 
 That the Instrument of Peace being read and expounded 
 to the severaU Indian Kings, and Queenes then present (at 
 the Court at Middle Plantations) by Interpreters sworne 
 truly to performe the same ; the said Indian Kings and 
 Queenes signed and delivered the Articles to the Honourable 
 Governour upon their knees, and received that other part 
 signed and deUvered on behalf of the Kings Majestic in the 
 same posture of kneeUng, of their Owne accords Kissing the 
 paper as they transferr'd it from hand to hand to each other ; 
 untill every one had done the like marke of Reverence to it, 
 in signe of a most free and joyfuU acceptance of this Peace 
 concluded with them At the same time Pericuhtah King of 
 the Appomatucks being then present, did earnestly desire 
 to bee admitted to the Signing this Peace with the rest, but 
 he being Suspected and complained of to have comitted 
 by himseKe or Subjects some Murthers on his Majesties sub- 
 jects of England, was not admitted or included into this 
 League at that time, nor is to pertake of the benefit cf this 
 Peace before, he shall have cleer'd himseK of this Guilt 
 imputed to him, and comitted since his Majestys Commis- 
 sioners came into Virginia as they were credibly informed 
 which Exemption gave the English generall Satisfaction to 
 find there was soe just Inquisicion made of the blood of their 
 Slaughter'd Brethren. 
 
 John Bery. 
 Francis Moryson. 
 
 [pp. 138-144.] 
 [C.S.P. V. 445.] 
 
 [1170.] Whitehall, 24 October : 
 
 [The Committee report] :— Wee have received the Petition Virgima 
 of John Jefferies Esqr setting forth, That having a considerable 
 
740 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 store of Fial Wines at James Towne in Virginia the 
 late Governour Sir WilKam Berkley, did by vertue of an 
 Order, impresse for your Majestys service Twenty Pipes 
 thereof, which were accordingly dehvered by the Petitioners 
 Correspondent, at Eight pounds sterhng the Pipe, which was 
 the lowest rate they had been sold at. 
 
 That after the said 20 pipes of wine were expended in the 
 public service, the Petitioners said Correspondent (John 
 Paget) did petition the Assembly for payment, whereupon 
 there was allowed unto the Petitioner Si. for two of the said 
 Pipes dehvered unto Sir WiUiam Berkley : and for the 
 remaining Eighteene was adjudged only U. per pipe upon 
 pretence that they were taken out of the Towne for the public 
 account, and soe saved from the fire which would otherwise 
 have consumed them ; And therefore praying for releife 
 against the determination of the said Assembly, and that he 
 may be paid 8/. for each pipe according to the true and 
 declared value of the said Wines. 
 
 [On conferring with Sir John Berry and Colonel Moryson, 
 it appears just and reasonable that the petitioner should 
 receive full payment and satisfaction for the twenty pipes at 
 the rate fixed for the first two by the Assembly. The order 
 of the Assembly seems based on insufficient reason, is unjust, 
 and deserves to be reflected on. The whole debt due to the 
 petitioner for the twenty pipes will be 160/., and as there is 
 at present in the hands of Mr. Gawen Corbin a sum of money 
 raised by the Assembly of Virginia for several pubhc uses, 
 the debt may be ordered to be paid from this sum. 
 
 The report is approved, and Mr. Corbin ordered to pay 
 160Z. to Mr. Jefferies, the present Order and Mr. Jefferies' 
 receipt to be a sufficient discharge for so doing.] 
 
 [p. 148. II 2.] 
 [CS.P. V. 455.] 
 
 [1171.] Whitehall, 24 October: 
 Navigation [The Committee present] A Draught of a Commission for 
 the Governours of his Majestys Plantations to take the Oathes 
 
 Acts. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 741 
 
 Enjoyned by the statutes made in the 12th and 15th yeares 
 of his Majestys Reigne, and Ukewise a forme of the said 
 Oath. [The documents (together with drafts for swearing 
 Sir J. Atkins and Colonel Stapleton as Governors of Barbados 
 and of the Leeward Islands respectively, and of a commission 
 for Col. Stapleton to swear all deputies under him) are 
 approved by the Council, and biUs ordered to be prepared 
 for his Majesty's signature in order to the passing the said 
 commissions under the Great Seal of England.] 
 
 [p. 150. II l.J 
 [C.S.P. V. 454.] 
 [The commission for administering the oaths] : Charles the 
 Second by the Grace of God, &c : To John Willoughby Esqr, 
 Henry Drax Esqr, Henry Wahond Esqr, Samuel Newton 
 Esqr, John Stanfast Esqr, John Peirce Esqr, [empowering 
 them or any three or more of them to administer to Sir 
 Jonathan Atkins], Our Captain GeneraU, and Governor in 
 Cheife, in and over Our Island of Barbados, Sta. Lucia, St. 
 Vincents, Dominico, and the rest of Our Islands, Colonies, 
 and Plantations in America, Comonly called, or known by the 
 Name of the Caribbee Islands lying and being to Windward 
 of Guardeloupe, A Solemne Oath to do his utmost endeavour 
 that every the aforementioned clauses [of the Navigation 
 Acts] and all the matters and things therein contained, shall 
 be punctually and bona-fide observed according to the true 
 intent, and meaning thereof. As alsoe to Administer a Solemn 
 Oath unto the said Sir Jonathan Atkins to do his Utmost 
 within his said Government To cause to be well and truly 
 observed what is Enacted in the said Act of Parhament passed 
 in the 15th yeare of oiu- Reigne. Intituled an Act for the 
 incouragement of Trade [for which these shall be your 
 warrant], 
 
 [A similar commission for swearing Colonel Stapleton 
 Governor of the Leeward Islands— who is in turn to swear 
 his deputies— is issued to Randolph Russell, Francis Morton, 
 Daniel Lanuthern, John Hughes, John Estridge, and Roger 
 Eldrintori, Esquires.] 
 
742 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 [The form of the oath to be taken by Governors of Plan- 
 tations, amended by the Committee is given as in 1080 with 
 the addition after " execute and performs " of the words 
 " and cause to bee executed, and performed," and of the 
 titles of the Navigation Acts of 1660 and 1663.] [p. 150. ^ 2.] 
 
 [C.S.P. V. 454 and 466.] 
 
 [1172.] Whitehall, 31 October: 
 West Indies. [It is ordered that Colonel Strode be sent a copy of the 
 petition of Anne, wife of John Barnes, in behalf of her 
 husband and other seamen of the Phoenix concerning the 
 Maria prize, and make answer thereto with all convenient 
 speed.] [p. 155. If 1.] 
 
 [1173.] AVhitehall, 2 November : 
 Virginia. [Sarah Drummond, rehct and administratrix of WiUiam 
 
 Drummond, petitions that besides the goods already ordered, 
 there be also restored to her] One Trunk with Clothes and 
 Plate in it fiour Quarter Casks of Brandy and severall pro- 
 tested BiUs of Exchange, which were seized on board the 
 ship Francis, and disposed of by Sir John Berry, who was one 
 of his Majestys late Commissioners for reducing and sethng 
 the Colony of Virginia . . . Which their Lordships 
 taking into consideration, and the said Sir John Berry attend- 
 ing and declaring his readines to restore to the Petitioner such 
 of the Goods belonging to her Husband as are not disposed 
 of, and the Product of such as have been sold, Except the 
 Wines and Brandy, which the said Sir John Berry alleaged 
 have been disposed of in his Majestys Service, It was there- 
 upon Ordered by their Lordships That the said Sir John Berry 
 do . . . cause aU the Petitioners Plate Clothes and 
 Goods by him seized and remayning unsold, as also BUls of 
 Exchange to be forthwith restored to the Petitioner But 
 as to the Wines and Brandys, their Lordships will report the 
 state thereof to his Majesty in order to receive his further 
 
 Pleasure therein. [P- 156- H ^-l 
 
 [C.S.P. V. 470.] 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 743 
 
 [1174.] Whitehall, 14 November : 
 
 [The Board having approved an estimate of 31621. 5s. id. Jamaica. 
 for the provision and transportation of munitions of war to 
 be sent to Jamaica to complete the stores sent with Lord 
 Vaughan on 16 Nov. 1674 to the first proportion, the Lord 
 High Treasurer is directed to pay the sum named to the 
 Treasurer of the Ordnance.] [p. 159. f 4.] 
 
 [On 28 November the Master of the Ordnance is ordered 
 to dehver the stores to the Earl of Carhsle, the new Governor.] 
 
 [p. 170. ^ 2.] 
 [C.S.P. V. 479.] 
 [1175.J Ibid. 
 
 [The Committee report] : — -Wee have this day read and Committee 
 considered the Petition of William Blathwait Esquire brought Plantations. 
 before Us by your Majestys gracious Reference of the 23d 
 past, desiring some Augmentation of Salary for his great pains 
 and apphcation to your Majestys Service in the Busines of 
 Trade and Plantations 
 
 Upon which occasion wee must needs testify unto your 
 Majesty that his DiUgence is very great, and hath produced 
 good effect and Benefit unto your Service, and therefore Wee 
 judge him worthy of Encouragement. 
 
 And having upon Examination found, that the Charge of 
 the Councill formerly erected for this Service, did even in the 
 ministerial! part, exceed the present Establishment by Two 
 hundred pounds a year, though the Labour and Progresse 
 now seems to be very different : Wee cannot but thinke it 
 fit, that to the Petitioners Salary of One hundred and ffifty 
 pounds a year, there be added One hundred more, which may 
 prove a good means to increase the Petitioners Industry, and 
 also his further Merit in your Majestys Service. 
 
 [The report was approved, and 1001. per annum ordered 
 to be paid to Mr. Blathwayt from Michaelmas last, in addition 
 to the 150?. already granted him by Privy Seal of 23 June, 
 1676.] IP- 161. H 1.] 
 
744 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 [1176.] Whitehall, 16 November : 
 Jamaica. [The Committee are directed to] consider of and prepare 
 
 the Draft of a Law for establishing a perpetuall Revenue in 
 Jamaica for the support and maintenance of the Government 
 there agreeable to that which was transmitted hither from 
 that Plantation for his Majestys Royal Approbation about 
 Two j^ears since, [and to present the same to the Council 
 with all convenient speed]. [p. 161. ^ 3.] 
 
 [C.S.P. V. 481.] 
 [1177.] Ibid. 
 
 Jamaica. [The Committee report on] the present State and Govern- 
 
 ment of the Island of Jamaica and particularly such matters 
 as from the nature of Affairs, as they now stand there, wee 
 have judged necessary to be recommended unto the Right 
 Honourable the Earle of Carlisle, whom your Majesty has 
 been pleased to nominate and constitute Governor of the said 
 Island. . 
 
 The first Point that did occurr as most worthy to be con- 
 sidered by Us, was the Power and manner of Enacting Laws 
 for the CiviU Military and Ecclesiastical! Government, And 
 upon taking a View of what has been practised since your 
 Majestys happy Restauration in the Legislature, Wee find 
 that the Methods and Authoritys for the framing and ordeyning 
 the said Lawes have been only such as were directed by your 
 Royall Commissions unto your Majestys several! Governors, 
 or prescribed by the Instructions given them from time to 
 time. And that as the Constitution and Exigency of Affairs 
 have often changed, so your Majesty has thought fit variously 
 to adapt your RoyaU Orders thereunto, And, by the last 
 Commission given unto the Lord Vaughan, your Majesty was 
 pleased to empower his Lordship (with the Advice of your 
 Majestys Council!) from time to time to summon Generall 
 Assemblys of ffreeholders, who have Authority (with the 
 Advice and Consent of the Governor and CouncUl) to malie 
 and ordain I^aws for the Government of the Island, Which 
 Lawes are to be in force for the space of Two years (except in 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 745 
 
 the mean time, your Majestys Pleasure be signifyed to the 
 contrary) and no longer, unlease they be confirmed by your 
 Majesty within that time. Having therefore directed Our 
 thoughts towards the Consequences and Effects, which have 
 been produced, or may arise from this Authority derived 
 unto the ffreeholders and Planters, which Wee observe to 
 have received a dayly Increase by the Resolutions they have 
 taken lesse agreeable to your Majestys Intentions Wee do 
 most humbly offer our Opinions, That the Laws transmitted 
 by the Lord Vaughan (which are now under consideration in 
 order to be enacted by your Majesty) may be intrusted in the 
 hands of the Earle of Carhsle, who upon his ArrivaU in the 
 Island, may offer them imto the next Assembly, that they 
 may be consented unto as Laws originally coming from your 
 Majesty. And that for the future no Legislative Assembly 
 be called without your Majestys speciaU Directions ; but that 
 upon Emergencys, the Governor do acquaint your Majesty 
 by Letters with the Necessity of calling such an Assembly, 
 and pray your Majestys consent and Directions for their 
 meeting. And at the same time do present unto your Majesty 
 a scheme of such Acts as he shaU thinke fit and necessary, 
 that your Majesty may take the same iuto consideration, and 
 returne them in the forme wherein your Majesty shall thinke 
 fit, that they be enacted. That the Governor uppon Receipt 
 of your Majestys Comands shall then summon an Assembly 
 and propose the said Laws for their consent, so that the same 
 Method in Legislative Matters be made use of in Jamaica as 
 in Ireland according to the fforme prescribed by Poynings 
 Law, And that therefore the present stile of Enacting Laws, 
 By the Governor Councill and Representatives of the Commons 
 Assembled., be converted into the stile of Be it enacted by the 
 Kings most Excellent Majesty by and with the consent of the 
 Generall Assembly. Wee are further of Opinion that no 
 Escheats, ffines, fforfeitures or Penaltys be mentioned in the 
 said Laws to be applyed to the pubHc use of the Island, and 
 that your Majesty do instruct your Governor to dispose 
 thereof, for the support of the Government ; as also, that in 
 
746 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 aU Laws for levying of Money and raysing a public Revenue, 
 the clauses whereby the said Levies are appropriated unto 
 the public Use of the Island, without any mention made of 
 your Majesty, or unto your Majesty for the said public use, 
 are so farr derogatory to your Majestys Right of Soveraignty, 
 that they ought to be for the future altered, and made 
 agreeable to the stile of England. 
 
 Wee do hkewise offer it unto your Majesty as necessary, 
 That no Minister be received into Jamaica, without Licence 
 from the Right Reverend the Lord Bishop of London, And 
 that none having his Lordships Licence be rejected without 
 sufficient cause aUeaged, As also that in the direction of all 
 Church Affaires, the Ministers be admitted into the respective 
 Vestrys. 
 
 And whereas it has upon some occasions proved incon- 
 venient, that the Members of the Coimcill have been constituted 
 by your Majestys Commission, Wee are of opinion, that for 
 the future they be only named in the Instructions of the 
 Governor, ffor the strengthning of whose Authority under 
 your Majesty, Wee do offer that he may have Power to suspend 
 any of the said Members (if he see just cause) without receiving 
 the Advice and consent of the Councill, As also that none 
 of the said Members so suspended, or by your Majestys Order 
 displaced from that Trust, may be permitted to be received 
 into the general! Assembly. 
 
 And whereas nothing can contribute more to the Welfare 
 of vour Majestys Island, then that all means be found out for 
 the encrease of Trade, Wee do offer for the Encouragement 
 thereof, That a Mint be allowed in Jamaica, in such manner, 
 that no Prejudice do arise unto your Majestys other Dominions, 
 or that what Bullion is brought from them, may be coyned 
 here in England Provided, That all such Coynes may bear 
 yoiir Majestys Royall Superscription, and not be imposed in 
 payment elsewhere. 
 
 [The report is signed by Finch C, Danby, Worcester, Essex, 
 Craven, Fauconberg, and H. Coventry with Tho. Dolman. 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 747 
 
 It was approved, and instructions for Lord Carlisle ordered 
 to be prepared in accordance with its tenour.] [p. 162.] 
 
 [C.S.P. V. 480.] 
 
 [1178.] Whitehall, 21 November: 
 
 Upon reading this day at the Boord the humble Petition ""^s^*- 
 of Henry West Planter a Native of his Majestys Colony of 
 Virginia (now in England) in behalf of himseM and Brother, 
 Setting forth, That his Brother WiUiam West having been 
 seduced to accept of a Commission against the Indians under 
 the late RebeU Nathaniel Bacon, and being sent to by Colonel 
 Bridger with promise of free Pardon to lay downe his com- 
 mission, disband his men, and submit himself to the Governor, 
 He was prevayled upon by the Petitioner so to do, upon the 
 Petitioners Promise to go with him to the Governor, But so 
 soon as they had surrendred themselves to Colonel Bridger, 
 He contrary to his Promise sent them bound to the Governor 
 Sir William Berkeley, who tryed them both by a Councill 
 of Warr, and sentenced to Death the Petitioners Brother, 
 who never acted to the prejudice of any one in Person or 
 Estate, and the Petitioner who was alwaies loyall, and against 
 whom nothing could be proved, was after long Imprisonment 
 sentenced to be transported hither, and forced to give Bond 
 to his Majestys use to depart by a day prefixed ; which, to 
 indemnify his Security, he did to the utter ruine of himself 
 and Wife, and severall small Children . . . And there- 
 fore Prajdng to be discharged of the said Bond, with Liberty 
 to returne to Virginia, And that his Majesty of his abundant 
 Goodnes would extend his Pardon to his said Brother, who 
 hath since made his Escape out of Prison, He taking the 
 Oath of Obedience and giving Security for his future good 
 Behaviour. [The petition regarding WiUiam West is 
 referred to Lord Culpeper's decision on his arrival in Virginia : 
 the part regarding the petitioner himself Lord Culpeper is 
 to examine in England and report his opinion thereon to his 
 Majesty in Council.] [P- 165. H 1.] 
 
748 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Virginia. 
 
 Virginia. 
 
 Jamaica. 
 
 Plantation 
 Trade. 
 
 [1179.] Whitehall, 23 November: 
 
 [The Council refer to the Lord High Treasurer for examina- 
 tion and report] the humble Petition of Thomas Sands of London 
 Merchant Praying Liberty to ship out of Virginia free of the 
 Impost of that Country 580 Hogsheads of Tobacco for this 
 Eangdome in hew of the like quantity, which after payment 
 of the Dutys, he exported from thence in the year 1665, on 
 the WiUiam and Sarah, John Reeds Comander for London, 
 and was taken by the Dutch, and utterly lost to the Peti- 
 tioner : the same being no more then what is allowed of in 
 England by Act of Parhament for Goods shipped out, and 
 taken or lost, and alwaies practicable in his Majestys Customes 
 upon the like occasion. [p. 166. ^ 3.] 
 
 [On 24 May, 1678, on the report of the Lord High Treasurer, 
 the petition is granted, and the Governor of Virginia is required 
 to give order accordingly.] [p. 343. ^ 2.] 
 
 [1180.] Whitehall, 5 December: 
 
 [It is ordered that Mr. Secretary Coventry] doe move his 
 Majesty for his Directions about preparing the Instructions 
 and other necessary dispatches for the Right Honourable 
 John Lord Chilpeper as his Majestys Governour of Virginia. 
 
 [p. 171. U 2.] 
 [C.S.P. V. 507.] 
 
 [1181.] Ibid. 
 
 [On the motion of the Committee his Majesty directs Sir 
 WiUiam Jones, the Attorney-General, to prepare a draught 
 of a standing Commission of Oyer and Terminer for the trial 
 of pirates in Jamaica without term], the cheife officers now 
 on the Island, and the cheife officers on the Island for the 
 time being [to be named in the commission]. [p. 171. ^ 4.] 
 
 [C.S.P. V. 508.] 
 
 [1182.] Ibid. 
 
 Upon reading this day at the Board a Letter from Sir 
 Thomas Morgan Knight, his Majestys Governour of Jersey, 
 about his having seized the Ehzabeth of that Island, for 
 
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 749 
 
 having transgressed the Acts of Parliament Relateing to 
 Trade and Navigation, in coming to that place directly from 
 Boston in New England, and Upon reading also the Petition 
 of Philip Syverot DanieU Janvrin and others, all his Majestys 
 subjects, and Master Merchants, and others calling themselves 
 owners of the sayd ship, begging to be heard by his Majesty 
 in Councill before any Proceedings be had against the sayd 
 ship : [The Lord High Treasurer was directed to give orders for 
 the ship to be brought to the port of London to be proceeded 
 against according to law.] [p. 172. ^ 1.] 
 
 [1183.] Whitehall, 7 December: 
 
 [The Lords of the Admiralty present an estimate of the Virginia, 
 charge of the freight of several merchant ships taken up as 
 men of war into his Majesty's service in Virginia by Sir Wm. 
 Berkeley, with the charges of the victuals and wages of the 
 mariners and several soldiers employed in the said ships, 
 viz. : — 
 The Ycning Prince, Cap. Robert Morrice, 
 
 For freight during four months' employ- 
 ment 265Z. 11 
 
 For wages of commander and nineteen 
 
 mariners liil. 
 
 For a ton of water cask and a barrel of bay 
 
 salt for the fort, 1?. 9 5 
 
 The Rebecca, Cap. Thomas Larimore, 
 
 Freight for five months and three days .. 338Z. 5 
 Wages of commander and 25 mariners . . 24 IZ. 19 10 
 Their victuals for said time and victuals 
 
 for 80 soldiers for 5 months and 17 days 522Z. 10 9 
 
 The Adam and Eve, Cap. Thomas Gardiner, 
 
 Freight for four months and 22 days : . . 223?. 16 4 
 Wages of captain and 15 mariners : . . . . 141Z. 10 6 
 Their victuals and those of 50 soldiers for 
 
 3 months: 203^. 3 2 
 
750 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 The Richard and Elizabeth, Cap. Nicholas Prynn, 
 
 Freight for four months : 223Z. 4 8 
 
 Wages of master and 17 mariners : . . . . 144Z. 8 
 
 Their victuals : 64i!. 16 
 
 In all 2564L 10s. M. The report being approved, the Lord 
 High Treasurer is to have the sum paid to the Treasurer of 
 the Navy upon account for the service aforesaid.] 
 
 [p. 177. If 2.] 
 [1184.) Whitehall, 7 December: 
 
 Surinam. [Rowland Simpson appeals once more for letters of reprisal] 
 
 finding by Deere bought Experyence, that no satisfaction can 
 be expected, but by a Methode coersive . . . His 
 Majesty was most Sensibly touched with the consideration 
 of the Petitioners hard usage and deplorable Case, And being 
 most willing to doe anything for the Petitioners reliefe that 
 his Case will reasonably beare was pleased to Declare that he 
 would effectually insist with the french King upon an ample 
 Reparation ... [p. 178. ^ 1.] 
 
 [1185.] Ibid. 
 
 [On the request of the owners, the case of the Thomas and 
 Mary, similar in all respects to that of the Virgin (cf. 1164), 
 is referred to the High Court of Admiralty for examination 
 and report.] [P- 180. T| 1.] 
 
 [1186.] Whitehall, 12 December : 
 Virginia. . . Thomas Gardiner late Commander of the ship Adam 
 
 and Eve, Setting forth that he was comanded by Sir WiUiam 
 Berkeley late Governour of Virginia to use his utmost En- 
 deavours for the apprehending the late Rebell Bacon. That 
 in pursuance of that comand, he did seize the said Bacon 
 with 40 other Armed men in a sloope in James River, and 
 delivered them all prisoners to the Governour at James Towne 
 in Virginia, That the Petitioner presently after was comitted 
 to prison till he should pay 701. which by an order of the 
 then Assembly was charged upon him for the loss of the said 
 Bacons sloope which perished on the shoare by the neglect 
 
 Plantation 
 Trade. 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 751 
 
 of others. That the Petitioner continued Prisoner till the 
 Governor returned from Accomacke, At which time, he with 
 his ship and Company were commanded by the said Sir 
 WilUam Berkeley to attend his further Orders, And that he 
 continued in that service from the begining of that RebelUon 
 till the arrivall of Sir John Berry and CoUonel francis 
 Morrison (two of his Majestys late Commissioners there) as 
 by a Certificate under their hands may appeare, And there- 
 fore praying her Majesty to give such orders for his satisfac- 
 tion for the time aforesayd, as His Majesty shall thinke fit 
 (the Petitioner having lost the Command of the sayd ship by 
 his being so long in his Majestys Service. His Majesty was 
 gratiously pleased to condescend to his reasonable request. 
 And that he may be satisfyed according to his merit, was 
 pleased to referr the Petitioner to [the Admiralty, who are] 
 ordered to consider what summe to allow him for the hire 
 of the Ship and what rcAvard for his good Service and report 
 their opinion to his Majesty in Councill, who wiU thereupon 
 declare his further pleasure. [p. 188. ^1.] 
 
 [C.S.P. 619. ni.] 
 
 [1187.] Whitehall, 12 December : 
 
 [Thomas Grendon of Virginia represents that his late Virginia. 
 petition, which was referred by the Board to Lord Culpeper, 
 requires speedy justice,] and the arrivall of Lord Culpeper 
 being as yet uncertain, and for that it may be late before he 
 depart hence to the Government. . . . Therefore pray- " Memoran- 
 ing that his case may be Referred to his Majestyes Lieutenant ^he^^k* order 
 Governour at present Resideing at Virginia, or to his Majestyes ^^^j'^^^j^^g^ 
 Governour, who shall after arrive, or be upon the place, That was given 
 so the Petitioner may meete with no delay of Justice, [the of William 
 request was granted and the case referred to Col. Jeffreys, the yS^n^l" 
 Lieutenant Governor, or Governor there for the time being.] 
 
 [p. 189. H L] 
 
 [1188.] Whitehall, 14 December : 
 
 [PhiKp Siveret and Daniell Janvrin petition that the case ^,J^^*^*i°'' 
 of the Mizabetk of Jersey be not called up to the Exchequer 
 
752 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 "Memoran- Court in London, as they are ready to make proof of the 
 
 dum: that ^ ^ r 
 
 this order passes granted for the voyage to and from New England and 
 "aken^o'Irt would be put to great expense by having to bring the vessel 
 Day were^''* *° London. The petition was rejected and the case referred 
 
 entred, It to the Court of Exchequer.] fn. 191 Tf 2 1 
 
 wa.s forced ' '' 
 
 to be Entred 
 here ' ' — i.e. 
 under date 
 
 12 December ("iigg.] Whitehall, 22 December : 
 
 Virginia. [Otto Thorpe of York County, Virginia, representing that] 
 
 notwithstanding the Petitioners constant adherence to his 
 Allegiance and his Majestys Service there against the Rebells, [he] 
 has been the greatest sufferrer of any body, loosing above 1200^. 
 by plunder, and himselfe and Wife imprisoned by them for 
 refuseing to take up Armes with them, and after that Sir 
 William Berkeley seized the remainder of his poore Estate 
 and particularly 12 hogsheads of sweetsented Tobacco, which 
 he maked, as for his Majesty, but sent them into England 
 for his owne use and after that seized 400?. worth of goods of 
 the Petitioner then newly arrived in the ship Planters 
 Adventure there, and the Petitioner having taken freight for 
 120 hogsheads, and having no Goods to Comply therewith, 
 was advised to make a Composition with Sir WiUiam Berkeley, 
 and was forced to forgive him a just Debt of 911. aud gave 
 him a Bill to pay him 100^ more in England, and therefore 
 begging a restitution of his Goods so unjustly taken from him. 
 His Majesty being very sensible that many of his poore sub- 
 jects there, must necessarily have sufferred many hardships 
 in that Calamitous time, and desiring they may be Restored 
 to all they can justly lay a claime to, [referred the case to 
 the Committee for examination and report]. [p. 212. ^ 1.] 
 
 [C.S.P. V. 528.] 
 
 [1190.] Ibid. 
 
 Virginia. [On the petition of William Mumford of London, merchant, 
 
 the Council also refer to the Committee the similar case of 
 
 Alexander Walker of Virginia planter, from whom Sir William 
 
 Berkeley seized his whole crop, 23 hogsheads of sweet-scented 
 
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 753 
 
 tobacco, in January 1677, while the country was at peace,] 
 the said Walkers offence being only the takeing Bacons un- 
 lawfuU Oath (which he was forced to by threates) and having 
 layd hold of his Majestys most gratious pardon and therefore 
 begging he may enjoy the benefit thereof and have a resti- 
 tution of those his Goods, so unlawfully taken from him. 
 
 [p. 212. ^ 2.] 
 [C.S.P. V. 534.] 
 [1191.] Whitehall, 22 December : 
 
 His Majesty being very desirous to have the Petitioner Virginia, 
 restored to whatever may have been unjustly taken from him 
 in the hiury and distraction of the late Rebellion there [also 
 refers to the Committee] the humble petition of Sands Knowles 
 of Gloucester County in Virginia, with the Papers annext, 
 begging a Restitution of his Estate there, plundered from him 
 by one Robert Beverley the 20 of Oct: 1676, and to afford 
 such other remedy to him, as to his Majesty should seeme 
 meete. [p. 213. ^ 1.] 
 
 [C.S.P. V. 533.] 
 
 [1192.] Ibid. 
 
 [Another petition similarly referred is that of Elizabeth, Virginia. 
 widow of WilHam Dudley senior, late of Middlesex County, 
 Virginia, for lierseK and her three sons James, Thomas, and 
 WiUiam. William Dudley senior was] not only forced to 
 take but to administer Bacons unlawfull oath, which he did 
 in no other manner, but with a salvo to his Allegiance to his 
 Majesty. After his Majestys gratious Pardon was published, 
 before the Petitioners Husband could obtain the benefit 
 thereof. Sir William Berkeley forced from him a Bill obligatory 
 to pay him 15 hogsheads of Tobacco, which he seized as for 
 his Majesty, but after converted them to his own use and 
 sent them into England; [thus depriving Dudley of the 
 benefit of the pardon and his family of all they had to Uve 
 upon]. [P- 213. H 2.] 
 
 [C.S.P. V. 529.] 
 48 
 
754 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677. 
 
 Jamaica. 
 
 Newfound- 
 land. 
 
 [1193.] Whitehall, 22 December : 
 
 [Thomas Martin, Receiver of Duties in Jamaica, having 
 recapitulated the proceedings in his case against Lord Vaughan 
 and complained that he is still detained a prisoner, petitions] 
 that his Majesty would be gratiously pleased to recomend the 
 Petitioner to the particular regard of the said Earle [of 
 Carlisle] so that upon his Arrival] in Jamaica the Petitioner 
 may be effectually releived, And that he may not only be 
 restored to his said office, but may be Encouraged in the 
 due Execution thereof, and in the recovery of its profits, 
 dureing his suspention, with damages for his unjust Imprison- 
 ment, and great Expences : [the petition was granted and 
 Martin's case recommended to the Earl of Carhsle]. 
 
 [pp. 214-5.] 
 [C.S.P. V. 536. I.] 
 
 [1194.] Ibid. 
 
 [Upon reading a report of the Committee dated the 18th 
 instant] in favour of the late Patent for the Encouragement 
 of the fishing Trade at Newfoundland, and also a Petition of 
 the Inhabitants of that Island, Setting forth that the Peti- 
 tioners auncestors being setled in the said Island, and lived 
 there severall yeares under certain Lawes and Orders, formed 
 to them by Patents from his Majestyes RoyaU Auncestors, 
 and accordingly setled there Avith their familyes to the Number 
 of IfiOO persons. That in the 27th yeare of his Majestyes 
 Reigne a Patent was obtained by severall persons here in 
 England, unknown to and without the privity of the sayd 
 Petitioners which is not only contrary to the Lawes and 
 orders which his Majestyes auncestors formerly constituted, 
 and the said Petitioners have hitherto Lived under, but abso- 
 lutely destructive to the Petitioners and their familyes, and 
 which (should it proceed) would prove the certain loss of the 
 sayd Island That assoon as the Petitioners had notice of 
 this Patent, they did humbly beseech this Majesty to set it 
 aside. And several Reports having been made to his Majesty 
 how absolutely necessary it is, That the sayd Inhabitants be 
 
1677-8.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 755 
 
 there continued, and thereupon his Majesty suspended the 
 Execution of the sayd Patent, till further order should be 
 made upon the full hearing of the sayd Cause, and they did 
 also further petition his Majesty to have a Governor Minister 
 and forts there setled and appointed for their security and 
 proposed to maintain them at their ow-n Costs, Which Petition 
 lyes still before his Majesty undetermined, and that the 
 Persons concerned in the last Patent have petitioned his 
 Majesty to confirme a certain Clause therein. Which should it 
 be granted would be not orJy to the ruine of the Petitioners 
 and familyes, but the loss of the sayd place. And therefore 
 praying his Majesty to suspend the granting of any order 
 upon the said Request untill the Petitioners are further heard 
 therein : [The business is ordered to be heard " the second 
 CounceH Day after Twelve Tide," when all concerned are to 
 attend]. [p. 217. ^ 1.] 
 
 [1195.] Whitehall, 16 January : 
 
 [On hearing the Newfoundland planters and the Adventurers Newfound- 
 of the Western Towns trading thither for fish, " concerning 
 the Patent granted to the said merchants, forbidding the 
 transportation of other persons to Newfoundland, then such 
 as are of the ships Company," the whole matter is referred 
 to the Committee, who are to report further] in order to such 
 a Regulation between the Adventurers, and the Planters, as 
 may consist with the preservation of his Majestys Interest in 
 that place, and the encouragement of Navigation in the 
 Fishing Trade, And that no disturbance may be given to the 
 said Inhabitants Upon pretence of the said Patent untill 
 his Majestys pleasure shalbe further known herein. 
 
 [p. 224. II 3.] 
 
 [1196.] Whitehall, 18 January : 
 
 [The following report from the Committee is approved and Virginia and 
 
 TTT , . .1 J.1 • Maryland. 
 
 orders given accordingly] : — We have, amongst other thmgs 
 relating to the safety of your Majestys Plantations, considered, 
 how important it is, that a good and firm peace be maintained 
 
756 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 between the native Indians, and your Majestys Subjects 
 there, and that Wee might the better Understand what Measures 
 have been taken on all sides for procuring therof, Wee have 
 bin attended by the Right honourable the Lord Baltimore 
 Lord Proprietary of Maryland, and from him wee have 
 received good assurances by Letters, and otherwise, that all 
 due care, and tender regard has bin had in Maryland, that 
 Virginia, and other Neighboring plantations, might be included, 
 both in the Peace formerly made, and now making with the 
 bordering Indians. But on the other side. Wee do not observe 
 that in the late Peace concluded with the Indian Kings and 
 Queenes in Virgim"a, anj^ mention is there made of the Province 
 of Maryland, or any other Enghsh Colony. Wee are therefore 
 most humbly of opinion, that a letter be written unto Herbert 
 Jeffries Esqr, your Majestys Lieutenant Governor of Virginia, 
 directing him to use aU effectuall meanes to comprehend, 
 as well within the late Peace, made with the Indians, as 
 in all other Treaties of Peace or Truce, to be negotiated by 
 him hereafter, not onely the said Province of Maryland, but 
 all other neighboring Colonies of your Majestys subjects. 
 H. Coventry. J. WiUiamson. J. Ernie. 
 
 Councell Chamber, the 18th 
 of December, 1677. 
 
 [p. 226. 1] 1.] 
 [C.S.P. V. 580.] 
 
 [1197.] Whitehall, 18 January : 
 
 [The Committee report on the case of Captain Gardiner, 
 recounting the facts as akeady given (c/. 1185), and 
 recommend by way of compensation] That wheras there is 
 at present in the hands of Mr. Gawen Corbin merchant of 
 London a sum of money raised by the Assembly of Virginia 
 for severall pubhque uses relating to that Colony, Your Majesty 
 may please to order the said Gawen Corbin to pay therout 
 unto the said Thomas Gardner the summe of lOOZ. sterling 
 as the most speedy and equitable manner of satisfaction which 
 can be proposed for his releif. [The report is approved, and 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 757 
 
 orders given in accordance therewith : while the hond which 
 Gardiner was forced to give to Nathaniel Bacon the younger 
 is vacated as forfeited by law to his Majesty.] 
 
 [p. 227. 1| 1.] 
 [CS.P. V. 578.] 
 [1198.] WhitehaU, 18 January :* 
 
 [The Committee report] : — Wee have in obedience to your Virginia. 
 Majestys gracious Referrences, and Orders at diverse times 
 signified unto Us, taken into Consideration several! letters. 
 Papers, and narratives concerning your majestys Colony of 
 Virginia, as they were transmitted unto the Right honourable 
 Mr. Secretary Coventry by Colonel Jefferies, Sir John Berry, 
 and Colonel Morison, your Majestys late Commissioners for 
 the affaires of Virginia, And although Wee have not been 
 able as yet, to go through all the parts of this so weighty 
 busines, and to lay before your majesty a true and entire 
 state of that Country, with Our humble Opinions what Means 
 may best Conduce to a perfect Settlement and security therof . 
 Wee have nevertheles taken a View of such matters, as by their 
 nature and importance, are like to have the greatest influence 
 upon the Welfare of your Majestys said Colony, and seem 
 to require the speediest resolutions, which are the I^awes 
 enacted within that Colony since the ceasing of the late Rebel- 
 Uon, and more particularly, three Lawes made at Green Spring 
 the 20th of february, in the 29th year of your Majestys Raigne, 
 the one Entituled an Act of Indemnity and free Pardon, the 
 other called an Act of Attainder, and the other an Act 
 inflicting Paines, Penalties and Fines upon great offenders, 
 Upon perusall wherof. Wee finde that notwithstanding your 
 Majestys gracioiis Proclamation for suppressing the Rebel- 
 lion in Virginia, wherin your Majesty is pleased to Declare 
 that if any of your Subjects who have, or shall have engaged 
 with, or adheared unto Nathaniel Bacon in the said Rebel- 
 Uon, shall within the space of twenty dales after the pubUshing 
 of your Majestys Proclamation submit himself unto your 
 
 * This entry occurs under date 23 Jan: a marginal memorandum supply- 
 ing the correct day. 
 
758 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1078. 
 
 Majestys Government, and before the Governor, Deputy 
 Governor, or other Comander in cheif of your Majestys forces 
 take the Oath of Obedience mentioned in the Act of Parlia- 
 ment made in England in the third year of your Majestys 
 Royall Grandfather, and give such security for his future 
 good behaviour, as the said Governor, Deputy Governor, and 
 Comander in cheif shall approve of, that then such Person, 
 so submitting, taking such Oath, and giving such Security, 
 is therby pardonned and forgiven the Rebellion and Treason 
 by him Committed. And notwithstanding your Majesty out 
 of your Royall pitty and Compassion unto your seduced 
 Subjects, does further Declare that such persons shalbe free 
 from all pimishment or forfeiture, for or by the said Rebel- 
 lion, which Proclamation bears date the 20th of October 
 1676, Yet in respect of letters Patents dated the 10th of 
 October in the same year Your Majestys late Governor Sir 
 William Berkeley, the Coimsel, and Burgesses of the grand 
 Assembly there, have by the said Acts excepted severall 
 Persons out of the free pardon, and (amongst others) one 
 Hunt, who fas appeares by the testimony of the said Com- 
 missioners, and by severall Depositions transmitted by them) 
 was never in armes against your Majesty or your RoyaU 
 authority but alwaies declared, an abhorrence therof, Yet, 
 without indictment triaU or Conviction his blood stands 
 attainted and Estate seized ; And, by the said Lawes not 
 only severall persons who were executed by Marshall Law, and 
 others who were foimd guilty by your Majestys Comission of 
 Oyer and Terminer, but severall other Persons yet Uving are 
 attainted and their Estates Confiscated, others banished out 
 of the Country, and others made liable to great punishments, 
 fines and forfeitures and to be proceeded against at law, and 
 others, that surrendred themselves unto the Governor, rendred 
 uncapable of exercising any office within the Colony. 
 
 In consideration of all Which Wee are most humbly of 
 Opinion, that the said Lawes above specified, and all others 
 made in Virginia, as well disagreeable to the Powers residing 
 
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 759 
 
 in the Gorernment there, as in derogation of what in your 
 Majestys Name was first proclaimed, be disapproved and 
 abrogated by your Majesty. And that all Persons, whether 
 tried, or not tried, be made capable of the Conditions men- 
 tioned in your Majestys Proclamation, in relation to your 
 Majestys pardon, and restitution of such confiscations as 
 were made by the Governor, Upon his proceedings contrary 
 therunto ; as also, that for your Majestys honor and quiet 
 of the Place a new Proclamation be immediatly issued out 
 Confirming the former, and absolutely pardoning (as to the 
 Crime of RebeUion) all such as laid hold on the Conditions 
 of the same, and restoring the persons who have bin confis- 
 cated contrary therunto. And Wheras many of your Majestys 
 I.oyall Subjects cannot but be very great sufferers by the 
 spoils and rapines Committed by the Rebellious Party, Wee 
 most humbly ofl^er, for their releif, for the quiet of the country 
 and for avoiding the endlesse Persecutions, which otherwise 
 must ensue That your Majestic be graciously pleased to Order, 
 that as to the ravage which was made by the multitude in 
 things which were destroyed assoone as taken, or that have 
 been wasted or made Worse while they were possest, no accompt 
 be sought therof, or prosecution made for satisfaction. But 
 where the Goods of honest Men, are apparently knowne and 
 found out in the possession of any of the RebeUious Party, 
 that your Majestys present Government there do countenance 
 and justifie and effectuate prosecution against them. And 
 forasmuch as it is too apparent, that too many Persons did 
 not onely maintain a horrid RebeUion against your Majesty, 
 but did so far persevere in their most Wicked designes, as 
 to contemne your Majestys gracious pardon signified by your 
 RoyaU Proclamation, And that others, whose Crimes are very 
 black, were either Executed by Marshall Law, or by Com- 
 mission of Oyer and Terminer, according to their great demerits, 
 And that others there are who fly the hand of Justice Wee 
 are most humbly of Opinion, that your Majesty in your 
 wisedome direct such I.iawes to be prepared for your Royall 
 
760 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 approbation and Signature, as may be fit to be sent over and 
 established in Virginia, signifying your Majestys just sense of 
 their trayterous designes, and enacting such punishments 
 fines and forfeitures to be inflicted on the severall offenders, 
 as to your Majesty shall seem most equitable and Convenient ; 
 But how far your Majesty may extend the effects of your 
 Royall justice or mercy to the familyes of those who are 
 executed by Marshall Law, Comission of Oyer and terminer, 
 dyed naturall deaths, or to those that are fled, without 
 receiving any trial or Conviction. 
 
 [The report, signed by Anglesey, Craven, Fauconberg, H, 
 Coventry, J. Williamson and J. Ernie, was approved, and 
 orders issued in accordance with its recommendations ; the 
 preparation of the laws to be sent over and the cases of 
 unpardoned offenders were referred to the Committee.] 
 
 [pp. 236-7.] 
 [C.S.P. V. 579.] 
 [1199.] Whitehall, 23 January : 
 
 F^^ , Upon reading the Petition of William Stoughton and Peter 
 
 Bulkeley [setting forth that the Chief Justices as ordered 
 (c/. 1 155)] have reported that Mr. Mason had no right of Govern- 
 ment granted unto him ; and have retrenched from and excluded 
 out of the northern former bounds of the said Colony a small 
 Tract of Land wherin are four Plantations or Small Townes, 
 called by the names of Dover, Portsmouth, Exeter, and 
 Hampton, with the Lands and Territories therto belonging, 
 which are situated between the Northern Bounds of the said 
 Colony and the Southern Bounds of the Province of Mayn 
 claimed by Mr. Gorges. That the Inhabitants of the said Four 
 To^v^les have by the annexed Petitions, humbly implored his 
 Majesty That they may be continued under the Government of 
 the said Company . . . And praying That to his Majestys 
 gracious pardon intended to the said Company and grant of 
 liberty of Coining there, the grant of the Government of the 
 aforesaid four plantations or Townes may be added. [The 
 petitions and other papers with another petition of Mr. Mason 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 761 
 
 and Mr. Gorges, are referred to the Committee for examina- 
 tions and report.] [p. 234. If 1.] 
 
 [C.S.P. V. 587.] 
 [1200.] Whitehall, 23 January: 
 
 Wheras . . . Gawen Corbin hath this day humbly Virginia. 
 represented, that the whole stock of money, which came 
 to his hands for the use of [the colony of Virginia] hath bin 
 disposed of, by the direction of the . . Assembly, His 
 Majesty neverthelesse thinking it fit. That . . Thomas 
 Gardiner should be paid [1001., as formerly ordered, directs 
 Lord Culpeper to take care on his arrival, that that sum be 
 paid to Gardiner out of the pubUc stock of the colony]. 
 
 [p. 235. ^ 3.] 
 
 [1201.J Whitehall, 15 February : 
 
 [The Committee report] : — Having received on the 12th of Jamaica. 
 January last past from the Right Honourable Mr. Secretary 
 Coventry a Draught of a Comission and Instructions for the 
 Earle of Carlisle whom your Majesty has appointed to be 
 your Governor of Jamaica. And having after sever all 
 additions and alterations, remitted the same unto Mr. 
 Secretary Coventry, on the 2d instant. Wee crave leave to 
 Offer unto your Majestj'^ the most materiall points which did 
 occurr unto us, upon perusall of the said Draught, which 
 are as follow : — 
 
 1. As wee are of opinion that all Members of the 
 Council! in Jamaica may for the more easy passing of 
 Laws, be admitted into the Assembly if duly Elected by 
 the ffreeholders ; soe wee cannot but advise your Majesty, 
 That as well the Members of the said Councell, suspended 
 by your Majestys Governor as the Members displaced by 
 your Majesty may be rendred uncapable, during such 
 suspension, of being admitted into the Assembly. 
 
 2. That although your Majesty has, by an Order of 
 the 16th of November last thought fit that no Assembly 
 should be called, without your Majestys speciall leave and 
 directions. Wee think it very important for your Majestys 
 
762 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 Service, and safety of the Island, that, in case of Invasion, 
 Rebellion, or some very urgent necessity, your Majestys 
 Governor, may have power, with the consent of the 
 Assembly, to passe Acts for Raysing of Mony, to answer 
 the Occasion arising by such urgent Necessityes. 
 
 3. That whereas hitherto within your Majestys Island 
 of Jamaica, the Oaths of Allegiance and Supremacy have 
 not been impos'd on persons that beare any part in the 
 Government except the Members and Officers of the 
 Councell, and all Judges and Justices ; soe for the pre- 
 vention of future inconveniences, and greater assurance 
 of loyalty towards your Majesty Wee are humbly of 
 opinion that all persons Elected into the Assembly shall 
 before their Sitting, take the Oaths of Allegiance and 
 Supremacy which your Majestys Governor shaU Com- 
 missionate fit persons imder the Seale of the Island to 
 administer unto them and without taking which none 
 shall be capable of sitting though Elected. 
 
 Wee have likewise pursuant to your Majestys Orders, pre- 
 pared a body of Laws, such as the Right Honourable the Earle 
 of Carhsle may be impowred to carry with him, and to offer 
 unto the Assembly of Jamaica, for their consent. But whereas 
 wee doe not find since your Majestys happy Restoration, that 
 any Law transmitted from your Majestys Plantations, has 
 been confirmed by your Majesty, either under the Great Seale 
 of England, or by any other signification of your Majestys 
 pleasure (the Act of 4| per Cent in the Carribbee Islands 
 only excepted, which was confirmed by Order of Councell) 
 and that the intended method of Enacting Laws at Jamaica 
 hath not as yet been put in practice ; Wee humbly crave 
 your Royall Determination, whether the said Laws shall pass 
 by Order of your Majesty in CovmceU, or under the Great 
 Seale of England that wee may be accordingly enabled fitly 
 to present them unto your Royall View. 
 
 [The report, signed by Finch C, Fauconberg, G. Carteret, 
 and J. Ernie, was approved, and Lord Carlisle's commission 
 
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 763 
 
 and instructions ordered to be drawn up accordingly ; and it 
 was ordered that the laws of the island should pass under 
 the Great Seal of England.] [p. 244. 1| 3.] 
 
 [CS.P. V. 600.] 
 [1202.] _ Whitehall, 15 February : 
 
 [The laws for Jamaica presented by the Committee are 
 approved and ordered to be passed under the Great Seal 
 of England. The Committee are directed to meet on Tuesday 
 to consider of the law sent from Jamaica for the calling in 
 and suppressing of privateers, and if on amendment they 
 can agree to the same, that it be passed with the rest : if, 
 on the other hand, they conceive this matter may be better 
 settled by instruction, they are to prepare such for Lord 
 Carhsle to take with him.] And their Lordships are also to 
 consider the Statute of Henry the Eight for Trying of Pirates 
 by Commission of Oyer and Terminer and to frame a Law for 
 making the said Statute in force in Jamaica, which Law soe 
 made is also to passe the Great Seale here. 
 
 [A memorandum at the side states that these laws " are 
 entered in another Book." This is the " Plantation Register " 
 [see Preface], the entries in which begin here. The laws 
 thus passed never came into operation, the Assembly of 
 Jamaica refusing its consent, and have never been printed. 
 Several of them however were, either in whole or in part, 
 passed by the Assembly in 1683 and 1684. The essential 
 difference between these drafts and the Acts of 1683 and 1684 
 lies in the enacting clause, which in the earlier form reads 
 "be it enacted by the King's most Excellent Majesty by and 
 with the consent of the General! Assembly," and in the 
 statutes as finally adopted " by the Governor, Council, and 
 Assembly." The later form marks the triumph of the 
 Assembly in the constitutional struggle which lasted from 
 the landing of Lord Carhsle to the modification of his 
 instructions in 1680. 
 
 The titles of the laws are given, and, when they differ from 
 those passed at a later date, the more striking passages.] 
 
764 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 1. An Act For Preservation of Cattle. [Goes more 
 into detail than does later legislation on the subject. 
 The preamble reads:] Whereas much of the interest 
 and subsistance of this Island doth consist in the preser- 
 vation of stock and the encrease of them being aheady 
 grown so numerous that their numbers admitt not a 
 restraint by fetters, side hning, or penning as formerly 
 when they were few and inconsiderable, and that without 
 a just consideration thereof many people in the Island are 
 injurious to their neiglibours by driving maiming, killing 
 and destroying their stock on the pretence that they 
 receive damage in their inclosures by horses or Cattle 
 and whereas it appeares rather their damage accrews for 
 want of Necessary and Sufficient ffence which they ought 
 to raise for their own security. 
 
 2. For quieting all persons Estates against Dormant 
 Titles. ^Vhereas it has alwayes been the practice of all 
 well governed places and the interest of this Island does 
 more particularly require that aU honest Purchassors or 
 Possessors should be soe confirmed and secured in their 
 Titles that they may be thereby the more encouraged and 
 inchned to lay out their Stocks for the encrease and 
 improvement of their plantations whereby his Majestys 
 Customes may be advanced, this his Island more peopled 
 and strengthened and aU disputes and differences for the 
 future prevented and whereas in infancy of this Collony 
 there were none soe learned and skilKull as to know the 
 Right ways and meanes legally to appropriate to them- 
 selves their severall purchasses and estates, and yet the 
 simphcity and honesty of those times was still soe great 
 that what any person dyed seized or possessed of was 
 constantly applyed to the payment and satisfaction of 
 the just debts due by the said deceased whereby divers 
 reall Estates and Inheritances were by illegall executions 
 and other processes sold and transferred to the Creditors 
 and others by the Provost Marshalls Several! plantations, 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 765 
 
 houses, and other reall interest were likewise for the 
 same purposes sold and improved by Executors and 
 Administrators other persons upon their Sales though 
 for valuable considerations only delivered up or assigned 
 over their patents without any words or forme necessary 
 to convey the inheritance divers persons have also for 
 severall years continued peacebly in possession upon 
 last wills and Testaments imperfectly drawne and not 
 sealed or pubhshed according to due forme of Law and 
 by many other difective instruments Gifts and con- 
 veyances not mentioned and particularly recited in this 
 Act, and although the said purchasses and possessions 
 were at first meane and of Kttle value yet since by the 
 industry of the present possessors and the great blessings 
 of Almighty God the said estates are become verj"^ con- 
 siderable and vast improvements have been made of them 
 the envy whereof wiU every day expose them to divers 
 remote claimes of which according to the strickt rules 
 of the common law many advantages may be taken by 
 cunning lawyers and others to the multyplying of Law 
 Suits the encouragement of Champerty maintenance 
 and other unjust practices to the utter ruine and vexation 
 of divers of his Majestys good subjects unlesse some speedy 
 course be taken to prevent it. 
 
 3. Requiring the Enrollment of Deeds for prevention 
 of fraudulent Conveyances. [This arises out of 2, and 
 explains itseK. It was greatly amplified in 1683.] 
 
 4. Impowring his Majestys Justices of the Peace 
 in this Island to decide all Pleas and differences between 
 party and party, not exceeding the value of forty 
 shillings. 
 
 5. For preventing Seamen leaving their ships, and 
 Victualers or sellers of strong hquors trusting of them. 
 [This was embodied in the Act of 1684, which, however, 
 lacks the preamble] : — Whereas severall seamen being 
 lawfully shipped in Ports abroad doe contrary to their 
 
766 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 Contracts ffrequently desert the services of their ships 
 and Vessells drawne thereunto by the variety of Voyages 
 that dayly Offers here, whereby severaU Merchant and 
 Masters are putt to great distresse many voyages dis- 
 apointed and such persons encouraged to demand Extra- 
 ordinary wages which in great urgences both Merchants 
 and Commanders are forced to comply with, for preven- 
 tion of soe great mischiefes and inconveniences and for 
 the better encouragement of Shipping and Navigation 
 in this Island and preservation of the Estates of Prin- 
 cipalis and employers abroad. 
 
 6. For regulating the fees of several offices of this 
 Island. [A long list of the fees fixed,] upon consideration 
 of the greatness of severaU fees received by the respec- 
 tive officers and also the poverty and inabiUity of the 
 inhabitants of this Island to pay such vast fees. [Officers 
 taking other fees than those now determined are to be 
 liable to penalties under the EngHsh Law against extor- 
 tioners, and bond is to be given for the performance of 
 their respective offices or trusts that the inhabitants may 
 sustain no damage by their neglect or mistakes.] 
 
 7. For confirming Orders of Councill. [Confirms (with 
 some amendments) acts of former Governors and Council 
 in Jamaica. 
 
 (o) Opinion of Council that Captain Edward 
 CoIHer did not exceed the intention of the Major 
 General's warrant in imprisoning Mr. Francis Hudson 
 of Port Royal. [Cf. C.S.P. III. 730.] 
 
 (6) Declaration of Coimcil that the sole privilege 
 and benefit of suing all bonds taken in the King's 
 name properly and legally belonged to the Attorney 
 General. [Cf. C.S.P. III. 726.] 
 
 (c) Order indemnifying Capt. Rose and William 
 Cussans for carrying off Captain Erasmus without 
 the Governor's ticket, as Erasmus went to fetch in 
 Capt. Yhallah's in obedience to the King's orders 
 for calling in all privateers. [Cf. C.S.P. III. 705.] 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 767 
 
 (d) Order imposing a fine of lOl. or over on keepers 
 of public gaming houses and of double their winnings 
 on common gamesters, and declaring that contracts 
 for payment of gambhng debts be not enforceable 
 at law. The preamble refers to " the immoderate 
 use of unlawful! Gameing in this Island," whereby 
 young men are led into a " dishonest lewd disolute 
 course of hfe," and by the loss of their estates and 
 fortunes " perpetually disabled from makeing any 
 Settlement in [the Island] (the Cheife end and designe 
 of their coming over) and many of them soe much 
 after Entangled, and Ensnared that few of them 
 Escape a Prison or being made Servants in a very 
 Short time." " Provided always and it is not hereby 
 intended to Restraine Masters of Familyes and others 
 being knowne to be men of at least 2000i!. Estate in 
 this Island for their honest and inocent Divertion 
 to play at the aforesaid Games." 
 
 (e) An order for the prevention of boundary dis- 
 putes, that every planter and every factor for an 
 absentee landowner, " doe within 12 monthes after 
 pubhcation hereof take care to cleare their lynes 
 and to continue doeing of the same once every j^eare 
 from that time forever " under penalty of a fine of 
 twenty shillings for every hundred acres. 
 
 (/) Order " that it shall be free for any Master of 
 a Ship or Vessell to take what ballast he shall want at 
 Chocolatto hole on Port RoyaU or at any other place 
 or Cay belowe the lowe water Marke without any 
 molestation or trouble hereafter." 
 
 (g) An order to prevent fraud by surveyors in 
 laying out land. 
 
 (h) For orderly proceedings in trials at law. 
 
 (t) Order that debtors, instead of being maintained 
 in prison, shall serve for wages the person in the 
 
768 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 precinct to which they belong who will offer most 
 for them in the Court of the Precinct — the wages to 
 be paid to the creditors. 
 
 (/) That capable persons refusing to accept (or, 
 after acceptance, to execute) commissions for civil 
 or military employments be fined for contempt, — 
 provided that the commissions tendered them be 
 not inferior to others they have already borne in the 
 island. 
 
 (k) That no wherryman presume to carry anyone 
 on board, or he alongside, any ship that has passed 
 the fort, without license from the Commander of 
 Port Royal or Captain of the Castle, under penalty 
 of 201. sterhng.] 
 
 8. Concerning I^aw Suites. [Preamble] : — Whereas at 
 an Assembly Convened at St. Jago de la Vega in the 
 Month off February 1673 amongst diverse other Acts 
 then made a Certaine Act was then Enacted by the 
 Governor Councell and Assembly to Restraine and pro- 
 hibit the Pleading of Lawyers and Attorneys in any of 
 the Courts of Judicature within this his Majestys Island 
 thereby intending to suppress the many letigious and 
 Exorbitant Law Suites Supposed by them and their 
 meanes to bee stirred upp and promoted amongst his 
 Majestys good Subjects of this Island which Neverthelesse 
 by Experiance is found not to be of that effect which was 
 thereby expected, but on the Contrary many of his 
 Majestys Leidge people for want of some knowne and 
 experienced in the Lawes to speake for them, and open 
 and plead their Causes in the SeveraU Courts of Judicature 
 within this Island were in danger to have lost their just 
 actions to their great prejudice and damage. 
 
 9. For fforreigne Attachments. [Preamble] :— Whereas 
 divers indebted persons departe this Island or absent 
 themselves leaveing Goods and Debts behind them and 
 others that stand indebted to severall inhabitants of 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 769 
 
 this Island have Debts and send Goods to Trade and 
 Traffique within the same and yet no remedy can be 
 had against them by the Creditors unlesse fforreigne 
 Attachments according to the Custome of the Citty of 
 London be putt in practice here. 
 
 10. To prevent fraud, and deceipt in the makers and 
 sellers of Rum. Whereas divers persons doe make weake 
 and unwholesome Spiritts made of Cane Juyce and the 
 same doe vend and seU for good Rum, [any person may 
 demand from any seller of rum] Such a smaU quantity 
 of Rum as wiU serve for a Tryall, and if such Rum by 
 putting fflame thereto (without being first heated or 
 warmed) shall not take fire and be enfflamed, [then all 
 the rum in the possession of the seller is to be let out and 
 cast away : otherwise the trier must pay for the rum 
 burnt]. 
 
 11. For prevention of such damages as may happen 
 by fire. [Partly incoi-porated in the Act of 1683 for 
 preventing damages in plantations. Directed against 
 carelessness in carrjdng fire, smoking tobacco, firing fences 
 or barricadoes, burning trash, and setting fire to woods, 
 savannas, or cane heaps.] 
 
 12. Encouraging of shipping to take in lading at Old 
 Harbour port, St. Thomas, or any other convenient 
 place ; round this his Majestys Island. [To encourage 
 harbours and settlements other than Port Royal, all 
 vessels taking in one third of their lading at Old Harbour 
 or Port St. Thomas or any other convenient landing 
 place fit for the importation or exportation of goods 
 round the island. Port Royal and the places thereon 
 depending always excepted), shall be free from all port 
 charges whatsoever.] 
 
 13. Appointing Colonel Thomas Modyford and Captain 
 Edward Duck to be trustees and fully enabled to make 
 sale of the lands and plantations of Mr. Thomas Tothill 
 
 49 
 
770 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 late of the Island deceased for the payment of Debts and 
 making provision for the Rehct and Infant of the said 
 Deceased. 
 
 14. For compensation of the loss of Mr. Nicholas 
 Scarlet received by the purstiits of the Rebellious Negros 
 at Leigony. 
 
 15. For encouragement of Mr. James Lassell for the 
 Sugar Mill he lately contrived. [As the sugar mill con- 
 trived by Mr. James Lassells may be of great importance 
 and benefit to the settlers] especially to those that live 
 on the north side and in other quarters where for want 
 of savannas Stockes of Cattle cannot easily be produced, 
 [any person using Mr. Lassells' model during the next 
 ten years is to pay him 51. sterling, Mr. LasseUs being 
 required to give directions to anyone desiring to build 
 such a miU]. 
 
 16. For Regulating the Marshalls proceedings in 
 Levying Executions. 
 
 17. For the speedy taking out of Patents and the 
 better adjusting and more speedy collecting the Quit 
 Rents of his Majestys Island of Jamaica. [Incorporated 
 in later Acts.] 
 
 18. For Regulating Hunting. [To prevent the diminu- 
 tion of the wild hogs and cattle of the island by irregular 
 hunting, only planters of ten acres on the island may 
 receive a hcense to hunt a gang of dogs. Satisfaction is 
 to be made for damage done to tame stock while hunting. 
 No snares or engines are to be set except (during four hours 
 in the day) neck-ropes for catching horses.] 
 
 19. Prohibiting the transportation of severall como- 
 dities out of this Island being in a growing condition. 
 [No one, under a penalty of lOOZ. sterUng, is to export 
 from the island with intent to plant it elsewhere or in a 
 plantable or produceable condition any of the pecuhar 
 commodities of Jamaica, to wit,] Cocoa Nutts, Piemento, 
 
1678] ACTS OP THE PRIVY COUNCIL (COLONIAL). 771 
 
 Venillas, Acchiate, China Roots, Sarsaparilla, Cassia 
 ffietula, Radix contra yerva, Cochaneale, Cambagia or 
 Eiiphorbium. [There is also a prohibition to export 
 " breeding mares " without license from the Governor.] 
 
 20. For naturalization. [The later " Act encouraging 
 the settling of this island "]. 
 
 21. For preventing the Retayling of strong liquors by 
 unlicensed persons. 
 
 22. Declaring it to be felony without benefit of Clergy 
 to steal or carry away any boats canows Wherry or other 
 VesseU, from any part of this Island. 
 
 23. For preserving of the Savanas and small Plan- 
 tations. [Preamble] : — For as much as the Interest of 
 this Island does very much consist in Cleaning and pre- 
 serving the Savannas Ebonyes and pasture Ground from 
 all offensive and uncomonable Cattle, and alsoe in Defend- 
 ing the Small Plantations from all Such Injuryes and 
 Trespasses whereby the poore planters may be' ruined 
 or discouraged the Hearbage and pasture in the Savanna 
 poysoned and severall other Mischeifes and Inconveniences 
 prevented. And whereas by dayly Experience it is made 
 Evident and made apparent that a Sort of Cattle called 
 Goats are so Injurious to all Savannas in this Island where 
 they are kept, that noe other Cattle will feed after them 
 and that Complaints are Dayly made by divers of the 
 poor people of this Island that the Goats cannot bee kept 
 out of their plantations Noe ffences being able or pos- 
 sible to Restraine or prevent them to the great prejudice 
 and Discouragement of the said poor planters wherein 
 the Strength and Interest of this Island does soe much 
 consist. 
 
 24. For the Establishing of the Supreme Court of 
 Judicature in the Towne of St. Jago de la Vega. [In- 
 corporated in the 1683 " Act for estabhshing Courts."] 
 
772 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 25. Impowring the Secretary to take Security and 
 Ordering all Masters of Ships and VesseUs to make their 
 due Entrys. [Incorporated in later acts.] 
 
 26. For Governing of Slaves. [The same in aU im- 
 portant respects as that of 1683, save that it exempts 
 from the need of carrying a pass " such as usually wait 
 on their persons, or goe in liveryes."] 
 
 27. For regulating Servants. [Almost identical with 
 a later Act.] 
 
 28. Appointing the Prices of Meate. [Incorporated 
 in a later Act.] 
 
 29. For Establishing the Interest of Money in this 
 Island. [Reduces the legal rate of interest to 15% : 
 the Act of 1683 further reduces it to 10%.] 
 
 30. For the Ferry between St. Katherines and St. 
 Andrews. [Repeated in Act of 1683. An Act of 1699, 
 confirmed in 1703, directed the building of a bridge, and 
 the 1683 Act does not appear in subsequent editions of 
 the Laws.] 
 
 31. Impowring the Churchwardens of St. Katherines 
 to. receive 12d. per Tunne for all goods made up in Cask 
 that are Loaden or shipped from the Bridge at Passage 
 ft'ort for Mainteyning and Repayring the same. [Given 
 verbatim later.] 
 
 32. Against Blasphemy and Swearing and for pre- 
 venting Disorders in Alehouses, Taverns, or Victualing 
 houses. [Given later, with lesser penalties.] 
 
 33. For the High Wayes. [Verbatim later.] 
 
 34. For Regulating the Parishes. [After defining the 
 boundaries of the several parishes, the Act goes on to give 
 directions for the election of Vestrymen and Church- 
 wardens, for the lajdug of a tax for the maintenance of 
 the ministry and of the poor by the Justices and Vestry- 
 men, for its levy by the Constables and receipt and 
 disbursement by the Churchwardens, for the recovery at 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 773 
 
 law of sums due under this Act and that for repairing 
 the highways, for keeping records of the Acts of the 
 island and of christenings, marriages, and burials, and 
 for fixing the salaries of the ministers of the respective 
 parishes.] 
 
 35. For Ordering and Governing the Militia. [In- 
 corporated in later Acts.] 
 
 36. For Regulating building and preventing Fire. 
 [Incorporated in later Acts.] 
 
 37. For Raising a PubUc Revenue for the better 
 Support of the Government of his Majesties Island of 
 Jamaica. [A list of duties on imports with a tax on 
 hcenses for selling and retailing strong Hquors.] 
 
 [pp. 245-6. Plant. Reg. I. 1-52.] 
 [C.S.P. V. 601.] 
 [1203.] Whitehall, 22 February : 
 [The Committee present Acts agreed upon by them :] Jamaica. 
 
 An Act declaring it fEelony without benefit of Clergy 
 for any person to Serve Under any fforeign Prince or State. 
 
 An Act for the More Effectuall Punishment of Pirates 
 and others offending upon the Sea's. 
 
 [The laws are approved, and transmitted to Mr. Secretary 
 Coventry to prepare a warrant for his Majesty's signature 
 for the immediate passing of them with the rest of the laws 
 for Jamaica under the Great Seal of England. They are 
 given in full in the Plantation Register, and were incorporated 
 in the Jamaica Act of 1683 "for the restraining and punishing 
 of Privateers and Pirates."] 
 
 [p. 247. Tl 2 : Plant. Reg. I. pp. 52-54.] 
 
 [CS.P. V. 611.] 
 
 [1204.] Ibid. 
 
 His Majesty out of his princely care for the Safety of his Newfound 
 subjects knowing that many ships are now going from severall 
 ports of this Kingdome to the Newfoundland fishery, and 
 
774 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 Virginia. 
 
 Plantation 
 Trade. 
 
 Virginia. 
 
 apprehending that they may run some danger in case any 
 Warr should happen ; [directs the Admiralty to give orders 
 for stopping ships bound for the fisheries till further order]. 
 
 [p. 249. l! 3.] 
 [1205.] Whitehall, 22 February : 
 
 [Lord Culpeper, to whom the petition of Henry West of 
 the Isle of Wight County in Virginia against the sentence of 
 seven years' banishment passed on him by Sir WiUiam 
 Berkeley was referred on 21 November, reports] that the 
 petitioner did voluntarily submit himseKe in the time of the 
 late Rebellion in Virginia ; And therefore his Lordship offers 
 the petitioner as a fit object of his Majestys Compassion, and 
 to receive the fuU benefit of his Majestys most gracious par- 
 don. [Orders are accordingly given that West be pardoned 
 and allowed to return to his wife and children, and that his 
 bond and his estate be restored Avithout exaction of fees.] 
 
 [p. 250. H 2.] 
 
 [1206.] Whitehall, 8 March : 
 
 [On the petition of the owners of the Virgin, it is recom- 
 mended to Mr. Secretary Coventry] to take Care, that in the 
 Treaty with Spain now under Consideration some Provision 
 be made for satisfaction of the great Losses and Damages 
 susteyned by the Petitioners. [p- 256. If 1.] 
 
 [C.S.P. V. 577. m.] 
 
 [On 27 March a similar order regarding the Thomas and 
 Mary is given.] [V- 269. H 4.] 
 
 [1207.] Ibid. 
 
 [Captain Gardiner having no occasion to go to Virginia and 
 no person being wiUing to adventure moneys on the Order 
 granted him for lOOZ. to be paid there, although he offered 
 an assignment at 201. less, it is recommended to the Lord 
 Treasurer to take some course for the payment of tht sum 
 to tjbe petitioner in regard of his good services and the 
 necessitous condition he is reduced unto.] [p- 256. 1j 3.] 
 
1678.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 775 
 
 [1208.] WhitehaU, 13 March : 
 
 [An order to the liord Treasurer to prepare and pass a Jamaica. 
 Privy Seal for the payment of 1738L 16s. 6d. to the Treasurer 
 of the Navy, that being the amount of the estimate returned 
 by the Admiralty and the Commissioners of the Navy of the 
 charge of transporting to Jamaica with Lord Carlisle 240 
 tons of stores, ammunition and other goods, and also 200 
 soldiers.] [p. 259. TJ 2.] 
 
 [On the 20th further payments are authorised for transport- 
 ing to Jamaica, (a) 20 soldiers and several passengers — 
 5311. 2s. 8d. (besides the 2001. already included in a former 
 estimate) ; and (b) 40 tons of Purbeck Stone from the 
 Ordnance Office — 84/. [pp. 262. tf 5 and 263. If 1.] 
 
 On the 22nd the Earl of CarUsle takes the oath as 
 Governor of Jamaica.] [p. 265. ^1.] 
 
 [1209.] WhitehaU, 27 March : 
 
 An Act for confirmation of Pious, charitable, and Public Jamaica. 
 Gifts and Grants, [presented by the Committee as fit to be 
 sent to Jamaica for consent of the Assembly there, is 
 approved and ordered to be passed under the Great Seal with 
 the other laws for Jamaica]. 
 
 [p. 268. If 1 ; Plant. Reg. I. p. 54.] 
 [C.S.P. V. 635.] 
 [1210.] Ibid. 
 
 [On the complaint of Thomas Martin tha.t, in spite of his Jamaica. 
 Majesty's letters of 14 July and 28 September for his release, 
 he is stiU detained a prisoner in the gaol of St. Jago de la 
 Vega, further order is given to Lord Carlisle for his discharge 
 and restoration to the full enjoyment of his office as Receiver 
 of Duties.] [p. 269 If 3.] 
 
 [C.S.P. V. 535. 11. and 626. i.] 
 
 [1211.] Whitehall, 5 April: 
 
 [The Council refer to the Committee] a Memorial! from the Tobago. 
 Ambassador of the States Generall of the United Provinces, 
 setting forth. That 70 Negro slaves belonging to the Admiralty 
 
776 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 of Amsterdam (as Masters of the Isle of Tobago) by order of 
 Governour Binckes, being Comitted to the Custody of a ser- 
 geant a,nd hidd in a Wood, after the french had abandoned 
 the sayd Island and never seized on them were removed from 
 thence by a Ketch by an Enghsh Man (called the Quaker) 
 and delivered into the hands of CoUonel Stapleton (his 
 Majestys Governor of Mevis) and because the English can 
 have no right to the sayd slaves (so belonging to the sayd 
 Admiralty) by reason the french made but a temporary 
 Invasion, without setling themselves in that Island, or ever 
 seizing the sayd slaves, Hee prayes CoUonel Stapleton may be 
 ordered to returne them into the Hands of the sayd Admiralty 
 or the Money that they have been sold for, In case he has 
 disposed of them. [p. 284. ^ 1.] 
 
 [C.S.P. V. 638. I.] 
 [1212.] Whitehall, 9 April : 
 
 New York Upon reading this day at the Board the Petition of Sir 
 
 En^Und Edmond Andros Knight, Seigneur of Someres, Lieutenant and 
 Governour of New Yorke and other Territoryes in America, 
 under his Royall Highness, Complaining that notwithstanding 
 his great profferrs and Services done to the Neighbouring 
 Colonyes of New England, in the late Indyan Warrs, and his 
 subjection of the Eastward Indyans, at his Royall Highnesses 
 great charge, and particularly in his strict prohibition of the 
 sale of powder, and other amunition, yet the Colony of 
 Massachusets Bay, in their Declaration of Warr there, printed 
 in 1675 and in Bookes of the sayd Warr printed since doe 
 declare, and asperse aU his Majestys Subjects in Albany, vnth. 
 having recruited Philip and other their Indyan Enemyes, 
 with amunition from that place, and have since refused to 
 alledge the least Colour for this thing, or give satisfaction 
 (though required) for this pubUque imputation, and stiU 
 allow, and countenance, the Vending the sayd Bookes amongst 
 them And therefore for secureing the sayd people from 
 the penaltyes which may be inflicted on them by the sayd 
 Massechusetts for this imputed crime (If found amongst them) 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 777 
 
 humbly praye his Majesty to cause Inquiry to be made of the 
 truth of this matter, while the Agents of the sayd Colony, are 
 yet here. And thereupon to give such Order for the punish- 
 ment of the offenders, as for procureing a better Correspondency 
 amongst them for the future, as to his Majesty should seeme 
 meete : [a copy of the petition is ordered to be given to the 
 Massachusetts Agents, who are to return their answer to the 
 Board]. [p. 285. ^ 1.] 
 
 [C.S.P. V. 655.] 
 
 [1213.] Whitehall, 12 April : 
 
 [It is ordered that the Committee have copies of charters Committee of 
 and commissions from " the Hampire Office, Petty Bagg, 
 Pell Office, Crowne Office, and other places " without charge 
 except for the labour of the clerks employed.] [p. 294. ^ 1.] 
 
 [C.S.P. V. 656.] 
 
 [1214.] Whitehall, 24 April : 
 
 [Upon consideration of the answer of Stoughton and New York 
 
 , * and New 
 
 Bulkeley, the Massachusetts Agents, to the petition of Sir England. 
 Edmond Andros], His Majesty was pleased to Declare that 
 he finds noe Cause to believe that any of his subjects from 
 the parts of Albany, did supply any Powder or other 
 materiaUs for Warr to Philip, or other Indyan Enemyes, in 
 those parts, neither could he perceive any cause, or ground 
 for the imputation layd upon his sayd subjects of Albany by 
 the Massachusetts, And therefore was pleased to Order 
 That none of the sayd subjects of Albany be lyable to any such 
 imputation, unless the Massachusetts shall accuse any par- 
 ticular person thereof, And shall legally proceed against such 
 persons in order to their conviction of the crimes layd to 
 their charge in the places where they Inhabite, or shaUbe 
 informed against and proved a delinquent before his Majesty 
 in Councill, within one yeare to be accounted from the date 
 hereof : [And the Governor and Council of Massachusetts and 
 all concerned are punctually to observe this order, which is to 
 be transmitted to them by their Agents at the first opportunity.] 
 
 [p. 305. 1j 3.] 
 [C.S.P. V. 678.] 
 
chusetts. 
 
 778 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 [1215.] Whitehall, 24 April : 
 
 New [It is ordered that the Committee] doe administer the Oath 
 
 England. ^f Allegiance to the two Agents from New England now 
 
 liere. [p, 307. ]| 3.] 
 
 [CS.P. V. 675.] 
 [1216.] Whitehall, 26 April : 
 
 Massa- [The Committee report] : — It being signifyed to Us, by 
 
 the Right Honourable Mr. Secretary Williamson that Wee 
 should examine the Petition lately presented Your Majesty 
 by Mr. Edward Randolph, in behalfe of many of your 
 Majestyes Loyall Subjects Liveing under the Government of 
 the Bostoners in New England, Wee thought fit to send a copy 
 thereof unto the two Agents of that Colony and to require 
 their appearance before us this Day, to give Answer to the 
 matters objected therein, which were to the effect following. 
 
 That the Petitioner being sent by your Majesty into New 
 England and impowered to make several! private inquiryes 
 into the state of matters that had been variously represented 
 here, and of much consequence to Your Majesty to know the 
 truth thereof, Hee had at his retume presented your Majesty 
 with a Narrative, freely setting forth what he had observed 
 in reference to persons, and things. That the sayd Agents 
 having by indirect meanes obtained knowledge of the sayd 
 Narrative, and sent a Copy thereof to their superiors, had not 
 only disclosed thereby Your Majestys secrets, but layd a 
 foundation for the prejudice of such persons, whom he had 
 therein Represented in characters of Loyalty, and inclinable 
 to your Royall Service. That in manifestations hereof the 
 GeneraU Court of that Colony had lately enacted that an 
 Oath of fideUty to the country should be taken by all, aswell 
 strangers, as Inhabitants. And in default thereof to be treated 
 as Capital! Offenders, and deprived of the protection either 
 of their Lawes, or Government 
 
 And therefore the Petitioner humbly prayed your Majesty 
 to order. That noe distinctions, or discountenance should 
 be put on such, as refused the sayd Test, or who were favourable 
 
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 779 
 
 to the Petitioner dureing his stay, or that have Corresponded 
 with him since, in order to assert your Majestys authority 
 there. 
 
 In Answer hereunto, the sayd Agents did acknowledge that 
 in the Assembly sitting at Boston in October last, there past 
 a Law for administring the usuaU Oath of fidelity to the 
 Country, unto such as had not taken it before, by reason of 
 several! mahtious endeavours for fireing the Town which 
 was fomented by the Quakers. That the sayd Oath does also 
 comprehend .Allegiance to his Majesty, and that they cannot 
 beleive there was intended any thing of detriment to the 
 persons named by Mr. Randolph, with favour Inasmuch as 
 some, who left Boston in february last, were now ready at the 
 doore to attest that none of them have received any 
 prejudice therby and that this Oath was not to be administred 
 to any, but those who had not taken the same before, It 
 being the old and usuall Oath of the Country. But Mr. 
 Randolph being also present, did aUedge that this Oath was 
 made at the very time their Generall Court did acknowledge 
 to have received from their Agents, intimation of what was 
 here under Consultation before your Majesty a.nd probably 
 surmiseing that there might ensue some alteration in the 
 moddle of their Government, they by way of Test, and 
 discrimination, revived the imposeing this Oath anew, where 
 Noe mention is made in the Act, to limit it to such as had 
 not taken that Oath before, but the words are Generall. And 
 that not only to be imposed in the Towne, where the danger 
 of fire was pretended, but even over the whole Country, and 
 that by going from House to House, with new penaltyes layd 
 on the refusers, which were not knowne before. 
 
 That for the Allegiance therein mentioned to Your Majesty 
 It comes in, but in the 2nd. place. And not with the 
 solemnity that is requisite. 
 
 That although he could not give any Instances of 
 detriment hitherto befallen any of his sayd freinds, yet he 
 well remembers the great Complaintes he heard, while there, 
 
780 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 of the hard usage, which had befallen those Loyall subjects, 
 who had submitted to Your Majestys Commissioners sent 
 over in the yeare 1664, And in verification thereof, he 
 quoted to us Your Majestys Letter sent over in 1666, 
 charging, and requiring that Government to forbeare any 
 markes of distinction, and disfavour to such as had 
 expressed their Loyalty, and Obedience to your sayd 
 Commissioners. 
 
 The Agents did endeavour to mitigate any apprehension 
 of in, that Could possibly befall the partyes so favourably 
 mentioned by Mr. Randolph, And that they would answer 
 it here to your Majesty at their perills. That by their advices 
 it did appeare those very freinds of Mr. Randolph were chiefly 
 instrumental! in reviveing this Oath. And that the Governor, 
 Mr. Leveret had intimated his dissatisfaction at the passing 
 that Act, considering the time, and that all theit business lay 
 here depending before Your Majesty though at the passing 
 thereof your Majestys intentions were not as well knowne. 
 And as to the forme of that Oath, and the expression therein 
 made of Allegiance to your Majesty mixed with fideMty to 
 the Country, they doe acknowledge that the forme of it, is 
 very iU advised, and very fit to be reformed, And they are 
 well assured, that If your Majesty shall enjoyne the Oath of 
 Allegiance seperate, And as by Law it is here estabhshed, it 
 will not be refused, And that they themselves, though they 
 have not hitherto taken such Oath, Yet they are ready to 
 take it, when required thereunto. 
 
 All which being heard on both sides, Wee are humbly of 
 opinion that Mr. Randolph hath had sufficient ground to 
 petition your Majesty and that by the Unseasonable injoyning 
 of this Oath, it lookes very suspitious that all things stand 
 not so faire, in reference to many of your Majestys good and 
 Loyall subjects there, as were to be wished, for it is manifest 
 that Goverment had knowledge of the dislike, which was 
 here exprest to the forme of that Oath, where the Allegiance 
 to Your Majesty seemes only grounded on their Charter (which 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 781 
 
 they have hitherto taken hberty to explaine) and they doe 
 not ground it in naturaU obedience, where by right it lyes. 
 
 Wherefore Wee humbly advise, That your Majesty doe by 
 Letter signifye that you take very ill, tho untimely enjojming 
 of that Oath, which (however intended) seemes to be a snare 
 in the way of many of your good subjects there, who attend 
 your RoyaU Orders, and of whose preservation Your Majesty 
 will ever be tender. That the sayd Oath is derogatory to your 
 Majestyes Honour, asweE as defective in point of their owne 
 Duty ; inasmuch as their Allegiance to Your Majesty and 
 their fidehty to the Colony are joyned together in the same 
 undecent forme and where such fidelity is made even to 
 precede their Allegiance to Your Majesty. That however 
 Your Majesty doe not for the present prescribe what forme 
 may be proper among themselves, and binding to each other. 
 Yet You doe strictly require and Command, that the oath of 
 Allegiance, as it is by Law here estabhsht (and whereof a 
 true copy shall be sent unto them) be administred, and taken 
 by all your subjects within that Colony, who are of yeares 
 to take the same, and that although your Majesty have some 
 other matters in Consultation before you. Yet, this being of 
 so fundamental! a concerne to your dignity and Goverment, 
 Your Majesty could not any longer omit the signification of 
 your pleasure therein, and doe therefore require their 
 Obedience to the same. 
 
 Anglesey, Bridgwater, Craven, J. Wilhamson, J. Ernie, 
 R. Southwell. 
 
 CounciU Chamber, 18 April, 1678. 
 
 [The report was approved, and Mr. Secretary Williamson 
 directed to prepare a letter pursuant thereunto.] 
 
 [pp. 311-313.] 
 [C.S.P. V. 685.] 
 
 [1217.] WTiitehaU, 13 May : 
 
 nt is ordered that Mr. Secretary Coventry receive a copy Plantation 
 
 111 !• 1 " Trade. 
 
 of the petition of Isaac Merrit and the other owners of the 
 Humility to be comprehended in the treaty with Spain, and] 
 
782 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 take care, that when any oppertunity shall offer in the way 
 set forth by the Petitioner that all necessary care be taken 
 for the Petitioners reUef. [p. 317. ^ 1.] 
 
 [1218.] WhitehaU, 31 May : 
 
 E^^l d. Ui'^^ Lord High Treasurer having represented that he had 
 
 received a letter from the Committee] settiag forth the good 
 services don by Mr. Edward Randolph in relation to New 
 England, and recommending him, as a fit person to be sent 
 thither, as Collector of his Majestys Customes at Boston, for 
 the better executing and observance of the Acts of Trade and 
 Navigation. That his Lordship did beleive Mr. Randolph 
 to be very weU quahfied in aU points for this Imployment, 
 but that he understands by the Agents of New-England, that 
 the people of that place had entertained some prejudice against 
 him, and therfore he humbly left it unto his Majesty to deter- 
 mine in this matter according to his Royall pleasure. Where- 
 upon Mr. Randolph being called in did assure his Majesty that 
 the generaUty of the People there, were loyaU and well 
 affected to his Government, and that it would be much to their 
 contentment if he were the person sent over, and that he 
 was willing not only to venture himself, but in assurance of 
 good usage to carry over his wife and family with him. 
 Wherupon His Majesty being very well satisfied with Mr. 
 Randolph's good behaviour, [declares his approval of his 
 appointment as Collector at Boston, and directs the issue of 
 a commission to bim by the Lord High Treasurer]. 
 
 [p. 345. H 2.] 
 
 [1219.] Whitehall, 19 June : 
 Virginia. [The Counoil refer to the Committee for examination and 
 
 report] the humble Petition of Thomas Gould, John Jeffreys, 
 Alexander Colepeper, George Richards, Edward Carter, 
 Henry Meese, Thomas Lane, James Tubb, Micaiah Perry and 
 Thomas Sands setting forth that there is due to them upon 
 severaU Bills of Exchange (a considerable summe of Mony) 
 out of the Publique Treasury in Virginia which bills were 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 783 
 
 due and excepted, before his Majestys Order of Councell of 
 the 13th of July 1677 (cf. 1149). [p. 358. ^ 3.] 
 
 [C.S.P. V. 733.] 
 
 [1220.] Whitehall, 26 June : 
 
 A Commission in usuaU forme to Giles Dunstar Esqr. one Tobacco, 
 of the Surveyors GeneraU of his Majestys Customes to destroy 
 Tobacco planted in the Counties of Worcester, Gloucester, 
 Nottingham, and the places adjacent. [Also a letter in the 
 usual form to the Duke of Monmouth to send a troop of 
 horse to assist.] [p. 363. 1^1 1-2.] 
 
 [1221.] Ibid. 
 
 [The Committee report on the petition of Thomas Gould Virginia. 
 and others that the petitioners allege] That the Assembly 
 called by the present Governor did, by their addresse to your 
 Majestie beseech you to beleeve that the information, on which 
 the said Order was grounded, was mistaken, for that the 
 said former Assembly was legaly called and freely elected, 
 and those payments soe Ordered by them, were for the great 
 ease and pecuhar benefit of the country ; and therefore 
 humbly praying your Majesty to take off the Stopp soe laid 
 upon those summes of mony as aforesaid. Wee have made 
 enquiry and are satisfyed with the truth the Petitioners 
 have alleged touching the said Assembly, and it hath alsoe 
 appeared unto us, by an account given in by Mr. Gawen 
 Corbin Deputy Treasurer here for Virginia, that he had 
 actually received and accepted Bills to the value of 
 1363Z. 7s. 8d. (whereof wee have all the particulars lying by 
 us), and that he only forbore to pay the same bills, in obedience 
 to your Majestys Order, soe that upon the whole Matter, wee 
 see not any cause why your Majesty should not revoke the 
 said Order and permit the said Mr. Corbin to dispose of the 
 said Mony in discharge of the Bills, which have been drawn 
 upon him. 
 
 [The report, dated 21 June, present :— L. Privy Seal (Earl 
 of Anglesey), Earl of Craven, and Mr. Vice Chamberlain 
 
784 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 New 
 England. 
 
 New 
 England. 
 
 (Sir G . Carteret) , was approved, and the order of 1 3 July revoked] ; 
 and Mr. Corbin is hereby left at his liberty to give the 
 Petitioners and aU others satisfaction according to Right. 
 
 [p. 366. TI 2.] 
 [C.S.P. V. 739.] 
 [1222.] Whitehall, 3 July: 
 
 [The Council refer to the Committee for consideration and 
 report the petition of] Richard Smith in behalf of himself 
 John Winthrop Esqr., Josiah Winslow, WilHam Harris, John 
 VyaU and other Proprietors and Inhabitants on a Tract of 
 Land called the Narrigansett Country part of his Majestys 
 Dominions in New England setting forth the many great 
 Inconveniencys arising dayly by reason of a Government 
 usurped over them by the Inhabitants of Road Island on 
 pretence of a Charter of Incorporation granted to them in the 
 15th year of his Majestys Reigne, And Praying his Majestys 
 Letters to the Government of Road Island to forbear to exer- 
 cise any Authority over the Inhabitants of the Narrigansett 
 Country, but that they together with the Lands Quonaniquett, 
 Hope, Patience and Dutch Island thereunto belonging, may 
 according to his Majestys precedent Grant in the 13th year 
 of his Reigne be setled and restored unto the Government 
 and Jurisdiction of the Connecticut Colony. [p. 369. ^f 1.] 
 
 [C.S.P. V. 749.] 
 
 [1223.] Ibid. 
 
 [The Council also refer to the Committee] the humble Peti- 
 tion of Richard Smith Gentleman . . Setting forth, That 
 he had been for many years lawfully seized of a small Island 
 in the Narriganset Bay in New England, anciently called 
 Chissawnock now Hog Island lying in the Jurisdiction of 
 New Plymouth Colony, But the Government of Road Island 
 pretending the same to be within their Jurisdiction, and for 
 that the Petitioner will not submit to their Usurpations have 
 comitted many Outrages upon him, and despoyled him of his 
 Goods and Chattells to a considerable value And therefore 
 Prajing, That Commissioners may be appointed out of his 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 785 
 
 Majestys Colonys of Connecticutt and New Plymouth for 
 hearing and determining the Petitioners Complaints And that 
 the Government of Road Island may be comanded to submit 
 to such Determination, untill his Majesty shall otherwise 
 order the same. [p. 369. If 2.] 
 
 [1224.] Whitehall, 17 July : 
 
 . Randall Holden and John Green in behalf of them- New 
 
 England. 
 
 selves and of his Majestys oppressed Subjects the Inhabitants 
 of the Towne of Warwick, and of other adjacent Places belonging 
 to his Majestys Colony of Road Island and Providence Plan- 
 tation in New-England, Setting forth the great Miserys and 
 Calamitys they have undergone asweU from the Government 
 of the Massachusets, As by the unjust Proceedings of the 
 Commissioners chosen out of the Three United Colonys of New 
 Plymouth, Massachuset and Connecticut, not only in granting 
 and awarding to one WiUiam Harris of Patuxet the Lands 
 bought and improved by the Petitioners but giving him great 
 Damages, notwithstanding the Testimony of one Mr. WilUams 
 the first Indian Purchaser of those Lands and other Materiall 
 Witnesses on the Petitioners behalf as by the Petition more 
 at large appears. And therefore Praying a Stop may be put 
 to the Proceedings of the said Commissioners, and that for 
 determining this and the like Differences that may and will 
 arise between Colony and Colony, and for avoyding chargable 
 Appeals from those remote parts His Majesty would be pleased 
 to settle his Royall Authority over the whole country of New 
 England, and erect a supreme and indifferent Judicature there : 
 [The petition was referred to the Committee, the Massa- 
 chusetts Agents to have a copy and to return their answer 
 to the Committee, and all papers relating to Mr. Harris's 
 case to be laid before their Lordships when considering this 
 business]. 
 
 [An order follows for the deUvering of a copy of the 
 petition to the Massachusetts Agents, and requiring their 
 answer with all speed.] [p. 372. Tjlj 1-2.] 
 
 60 
 
786 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 Virginia. 
 
 [1225.] Whitehall, 19 July : 
 West Indies. [A copy of a memorial of the Dutch Ambassador, seeking] 
 Restitution of the ship Asia with her Lading and appurtenances 
 belonging to the Dutch West India Company, which was 
 taken by Captain Watson Commander of the Phoenix, and 
 carried into the Barbados, She being adjudged to the 0^vne^s 
 by Sentence of the High Court of Admiralty here, [is ordered to 
 be sent to Sir Jonathan Atkins, who is to answer by the first 
 conveniency how the product of the ship and goods has been 
 disposed of and why they have not been restored].* 
 
 ip. 376. H 2.] 
 [1226.] Whitehall, 26 July : 
 
 [The Council refer to the Committee for examination and 
 report the petition of] Robert Morris Commander of the 
 Young Prince, Nicholas Prynn Comander of the Richard 
 and Ehzabeth, and John Consit Comander of the Mary, Setting 
 forth their good Services in suppressing the late Rebellion in 
 Virginia, and praying that in consideration thereof, and 
 of the unavoydable Charges they were at in that Service, 
 His Majesty would be pleased to Order the repayment of their 
 Disbursements, and to allow them something of his Royall 
 Bounty. [P- 377. H 1.] 
 
 [C.S.P. V. 764.] 
 
 [1227.] Whitehall, 31 July : 
 
 The humble Petition of Wilham Staughton and Peter 
 Buckley Agents from his Majestys Colony of the Massachuset's 
 Bay in New England this day read at the Boord, Setting forth 
 their long Attendance and the Desire of their Principalis to 
 expresse to his Majesty their Subjection Loyalty and 
 Dependance, and to give fresh Instances of their Duty by a 
 carefull observance of the Act of Navigation, the administring 
 the Oath of Allegiance, the conforming of their Laws to those 
 of England, and the Paying to his Majesty some Annual 
 
 • The Asia «&■? taken on the }^ May 1674, between Mource and Cormantin 
 on the African Coast and on 23 June 1675, a claim for its restitution was 
 referred by the Council to the Judges of the Admiralty Court. 
 
 ^ [Cf. Register XI. p. 449 H 3.] 
 
 Massa- 
 chusetts. 
 
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 787 
 
 Acknowledgement, And Prajdng the Continuance and Con- 
 firmation of the Priviledges they have, with additionall Power 
 for coyning of Money, and Pardon for what has been done 
 amisse, and to be dispatcht herein, before the Season of the 
 yeare prove too late for their Departure, which wilbe within 
 Three Weekes . . His Majesty taking this matter into 
 serious consideration, is well pleased to observe the good 
 Disposition of his Subjects, and considering of what Importance 
 it will be, as well to their Happines and perfect Settlement, as 
 to his owne Royall Service and Dignity, that some fit 
 Regulation be made in what hath hitherto been amisse, Hig 
 Majesty dos not judge it seasonable or convenient, that the 
 said Agents (who may be usefully consulted in severaU Par- 
 ticulars) should depart before there be a finall Resolution 
 taken upon this whole Busines, And to the end the same 
 may have as quick a Dispatch as is possible. His Majesty 
 doth hereby order [the Committee] to meet from time to time 
 and perfect such Report, as by former Orders they are required 
 to present unto him for his Royall Determination in this 
 Affair. [p. 379. H 1.] 
 
 [1128.] Whitehall, 2 August : 
 
 Upon reading this day at the Board the petition of Anne Barbados. 
 Milton Widdow complaining that by the sinister contrivance 
 of one Captain Talbot, the Name of Richard Stanford seaman, 
 has been by him omitted in his List of seamen, that voluntarily 
 entred themselves in Captain Barrets Company in Sir Tobias 
 Bridges Regiment in Barbados But put him among those 
 (that being slaves there) entred themselves for their redemp- 
 tion only, when as the said Stanford was no such but an 
 apprentice to the Petitioners Husband a Watchman, and 
 only left there by the suddain departure of the Crown frigat 
 (to whom be belonged) By which his pay for his service 
 there (amounting to 191. and made over to the Petitioner 
 by the sayd Stanford in lieu of a Bond of 201. and the Bond 
 thereupon cancelled) is deteyned from the Petitioner to her 
 utter ruine, And therefore begging shee may be entred in the 
 
788 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 sayd List, that shee may have her Money. His Majesty 
 pittying the Petitioners calamitous Condition, and being 
 willing that justice should be done her [refers her case to the 
 Lord Treasurer who] is desired (if he thinkes fit) to cause 
 the sayd Richard Stanford to be entred in the sayd List, with 
 those that are first to be payd. That so shee may have her 
 due in as full and ample manner as any others in the sayd 
 service. \p. 382. If 1.] 
 
 [This Order is repeated p. 384. ^ 2.] 
 
 Transporta- 
 tion. 
 
 Leeward 
 Islands. 
 
 [1229.] Whitehall, 27 September : 
 
 Wheras Ralph Wilhamson by his Petition sets forth that 
 certain persons to the Number of fiftie two have bin convicted 
 in Scotland, and sentenced to be banished, and transported 
 to his Majestys Enghsh Plantations, and that the Petitioner 
 is the Undertaker to transport them, Wherfore he humbly 
 prayes his Majesty to Order the Governor of Virginia, and 
 the other Governors of his Majestys plantations where the 
 said Persons may arrive, to permit him, or his Assignes, to 
 Land and dispose of them, without any trouble or molestation. 
 [A letter is accordingly ordered to be prepared for despatch 
 to the Governor, Lieutenant-Governor, and Assembly of Vir- 
 ginia, to permit Mr. WiUiamson to land and dispose of these 
 convicts and such others as shall be convicted in Scotland 
 and sentenced to transportation and so committed to the 
 petitioner, " any Law, Order, or Custome of the said Colony or 
 plantation of Virginia to the Contrary notwithstanding."] 
 
 [p. 39L H 1.]* 
 
 [1230.] Whitehall, 30 October : 
 
 [His Majesty orders that a seal prepared by the Committee 
 for the pubUc use of the Leeward Islands be transmitted to 
 Colonel Stapleton for such use]. As alsoe that the charge of 
 cutting and preparing the said scale bee put to account among 
 
 * From 28 September 1678 to 19 February 1679 (Vol. XIII p. 392 to 
 VoL XIV p. 100) the Register is chiefly concerned with the "Plot," and 
 colonial matters almost disappear. 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 789 
 
 the Contingent Expences of the said Committee and satisfyed 
 out of the Exchequer pursuant to his Majestys Letters of 
 Privy Seale. Dated the 23th of June, 1676. 
 
 [A longer order follows ordering the use of the seal for public 
 acts and instruments within the Leeward Islands, declaring 
 its validity, and requiring publication of the Order itself to 
 be made in the Islands. The seal is thus described] : — On 
 the one side Engraven with his Majestys Effigies crowned in 
 Royall Vestments holding a Trident in one hand placed sitting 
 in a Chariott drawn by two Sea Horses with this inscription 
 round the said Figure, Sigillum Insularum Sti. Christopheri, 
 Nevis, Antegoa, Montserrat, etc. On the other side His 
 Majestys Armes with the Garter, Crowne, Supporters and 
 Motto, and round about this inscription Carol us II. Dei Gratia 
 Magnae Brittianiae, Franciae, et Hiberniae Rex, Fidiae 
 Defensor. [p. 434.] 
 
 [1231.] Whitehall, 30 October: 
 
 The Right Honourable the Lord Privy Seale having this Virginia. 
 day presented unto his Majesty a Copy of a Representation 
 made by the Assembly of Virginia to Colonel Jefleries Governor 
 of that Colony, setting forth that his Majestys Commissioners 
 having called for and forced from the Clerke of the Assembly 
 all the Originall Journalls, Acts and other publique papers, 
 They did take the same as a great violation of their priviledges, 
 and did thereupon desire His Majestys Governor to give the 
 said Assembly such satisfaction that they might be assured 
 no such violation should be offered for the future. His 
 Majesty taking notice of the great presumption of the said 
 Assembly in their proceeding in such an unwarranted manner 
 to call in Question His Majestys Authority derived to his said 
 Commissioners was graciously pleased to referr [the case to 
 the Committee for consideration and report] what they thinke 
 fitt to bee done in vindication of his Majestys Royall 
 Authority, and for bringing the said Assembly to a due sence 
 and acknowledgement of their Duty and submission towards 
 his Majesty and such as are commissi onated by him ; [And 
 
790 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl6?8. 
 
 " two Pacquetts of Orders and Acts of the Assembly in Vir- 
 ginia " received by Mr. Secretary Coventry and delivered by 
 him to the Committee, are to be considered by their Lord- 
 ships, who shall thereupon] prepare such a Scheme of Laws and 
 Orders as they shall thinke fitt to be approved and transmitted 
 by his Majesty unto his said Colony of Virginia. 
 
 [p. 435. ]I 1.] 
 [C.S.P. V. 821.] 
 [1232.] Whitehall, 30 October: 
 
 Jamaica. [A letter from the Eari of CarHsle, Governor of Jamaica, 
 
 dated 14 August, is referred to the Committee for con- 
 sideration and report.] [p. 435. ^ 2.] 
 
 [C.S.P. V. 820.] 
 [1233.] Whitehall, 4 December : 
 
 New Whereas Randall Holden and John Green Deputyes for the 
 
 ng an • Towne of Warwick and Colony in Road Island, did this day 
 represent unto his Majesty in Councill, that some Persons 
 within the Corporation of the Massachusetts Bay had by a 
 printed paper affixed in pubhque places in New England, 
 layd Claime to a Tract of Land, called the Kings Province, 
 which of right belongs to his Majesty and to the Jurisdiction 
 of Road Island, And the sayd Printed Paper having been 
 also read at the Board, [a copy thereof is ordered to be sent 
 to the Agents for Massachusetts, who are directed to attend 
 on the 6th instant] to shew by what authority or Title the 
 sayd Claymants pretend unto the sayd Lands mentioned in 
 the sayd Paper, And ... to informe the Board what 
 Obedience has been rendred within the Massachusetts Colony 
 to his Majestyes Letters of the 27 of Aprill 1676 enjoyning the 
 Magistrates, and other Inhabitants thereof to take the Oath 
 of Allegiance unto his Majesty according to the forme there 
 enclosed [P- 464. f 2.] 
 
 [C.S.P. V. 838.] 
 
 [1234.] 13 December : 
 New ^ [In accordance with the above Order, the Massachusetts 
 
 Agents appeared,] to show by what authority, or Title Simon 
 
 England. 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 791 
 
 Bradstreete Deputy Governor, and other Inhabitants of that 
 Colony have by a printed Paper called an Advertisement 
 dated at Boston the 30th of July last, layd Clayme to the 
 Land of Narragansett and Niantic Countreyes, called the 
 Kings Province, And did thereupon declare that the Govern- 
 ment of the Massachusetts is not at all concerned in this 
 clayme, but only some Inhabitants, who had purchased those 
 Lands from the Indyan sachins. 
 
 And Whereas Randall Holden, and John Green . , . 
 did certifye the Board of their certain knowledge, as having 
 inhabited that Country for above forty yeares, that never 
 any legaU purchase had been made thereof from the Indyans 
 by the Massachusetts or any others, And there being likewise 
 read an Act of voluntary submission of the cheife sachem and 
 the rest of the Princes with the whole people of the Narra- 
 gansetts unto the Goverment of his late Majesty together 
 with 2 Declarations made by his Majestyes Commissioners on 
 the 20th of March 1664 and 8 of April 1665, wherby it 
 appeares that they had then received from some of the Prin- 
 cipal! sachims of the Narragansett Indyans a surrender of 
 themselves, their subjects, and their Lands to the Govern- 
 ment and dispose of his Majesty not only by their personal 
 acknowledgments and sending his Majesty some Presents, 
 but by presenting the Commissioners with the Deed afore- 
 mentioned of the 19 of Aprill, 1644, And that as for the pre- 
 tended purchases, made by Major Atherton and others of 
 the Massachusetts Colony, His Majestyes sayd Commissioners 
 did then declare the sayd purchases to be voide, and ordered 
 the sayd Purchasers to leave the possession and use of those 
 Lands, and that the Magistrates of Rhode Island should 
 exercise the authority of Justices of the Peace in the Narra- 
 gansett Country, by them called the Kings Province, and to 
 doe whatever they should thinke fitt for the Peace and safety 
 thereof untill his Majestyes pleasure should be farther 
 knowne. 
 
 His Majesty having taken this matter into his Royall Con- 
 sideration, Is graciously pleased to Order . . . That 
 
792 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1678. 
 
 the Rt. Hon. Mr. Secretary Coventry doe prepare Letters for 
 his Royall signature, requireing the respective Colonyes and 
 their Inhabitants in New England to leave all things relating 
 to the sayd Narragansett Country, or the Kings Province in 
 the same condition as it now is, or has lately been in. As to 
 the possession and Government thereof, and with all giveing 
 them to understand that as his Majesty is informed that not 
 only the absolute and immediate soveraignety, but the par- 
 ticular propriety of aU that Country is vested in his Majesty 
 by the surrender of the Sachems [? Sacheins], so it is his Royall 
 pleasure that all such persons who pretend any right or title 
 either to the soyle and Government of the sayd Islands, doe 
 with aU speed, and by the first conveyance send over persons 
 sufficiently empowered and Instructed to make the same 
 appeare unto his Majesty, and that upon such default his Majesty 
 will give such Order for the Goverment and settlement of 
 the sayd Province as shall best suite with his Justice, and 
 the good of his subjects, who are already inhabiting, or shall 
 desire to make any further emprovement within the sayd 
 Province, Is humbly submitted to your Royall Determination. 
 
 [p. 482. If 3.] 
 [C.S.P. V. 844.] 
 
 [1235.] Whitehall, 20 December : 
 
 Jamaica. [The Committee report] that it is necessary for his Majestys 
 
 service, that the same allowances setled upon the Establish- 
 ment of Jamaica for the charge of that Government be also 
 granted aswell unto the Lord Culpeper, and others imployed 
 in the Government of Virginia as for the two foot Companyes 
 to be estabhshed there. His Majesty takeing notice of the 
 great advantage ariseing to his Customes, and yearly Revenue 
 from his sayd Colony, And that it is necessary to provide in 
 due manner for the support and good Government thereof, 
 was gratiously pleased to order [that] an estabhshment for 
 the Government service and the companies of foot be made 
 by the Lord High Treasurer] in the hke manner and proper- 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 793 
 
 tion, as is already setled for Jamaica and that his Lordship 
 doe provide a fund for the same. [p. 488. f 2.] 
 
 [C.S.P. V. 851.] 
 [1236.] Whitehall, 20 December: 
 
 [Randall Holden petitions] that he was about 40 years ^®^ 
 
 . •' England, 
 
 smce -svith divers others of the Inhabitants of his Majestys 
 
 Colony of Rhode Island seized upon in an hostile maimer by 
 forces commissionated by the Corporation of the Massa- 
 chusetts Bay, and carryed Captive to Boston, where he was 
 comitted to Prison, and most barbarously used, being layd 
 in Irons a whole Winter, and there made to worke for his 
 Hveing, and that when nothing could be objected against 
 him by that Government, he was nevertheless by order of 
 Court banisht out of that Jurisdiction, upon paine of death, 
 And therefore humbly praying that in regard he was upon 
 his returne to his owne home, And not knowing but that 
 by distress of weather, or other exigency, he might be forced 
 into the Massachusetts Jurisdiction, his Majesty would be 
 gratiously pleased to command the Magistrates of the sayd 
 Colony to repeale and declare voide the sayd Order of 
 Banishment, And whereas the truth of the fact complained 
 of by the Petitioner did appeare unto his Majesty not only 
 upon reading the sayd Order passed at the Generall Court 
 of Boston in the first month (as it was there styled) of the 
 yeare 1643/4 whereby it is provided, that If the petitioner or 
 any of his Company should after 14 dayes from the time of 
 their enlargment come either within any part of that Juris- 
 diction, or in, or neare Providence, and other places (where- 
 unto that Colony had no pretentions of right) that the sayd 
 persons should suffer death by course of Law, But also upon 
 a full Information of the many violensyes offerred by the 
 Massachusetts unto the sayd Inhabitants of the Colony of 
 Rhode Island and Providence Plantation by pursuing and 
 assaulting them within their owne bounds and Houses, and 
 carrying them Prisoners to Boston, where notwithstanding 
 their Appeale unto the Justice of his late Majesty they were 
 
794 ACTS OF THE PRIVY COUNCIL (COLOOTAL). [1678. 
 
 proceeded against as Criminalls, and being tryed for their 
 Lives, were saved by the pluraUty of two voices only. His 
 Majesty in compassion to his aggreived subjects, and for 
 their future security from the Hke outrages, and vexatious 
 prosecutions [commands that the Order of the Boston Court 
 be repealed and that those banished may enjoy hberty of free 
 access and intercourse within the colony of Massachusetts 
 ^*y]- [p. 490. Tl 2.] 
 
 [C.S.P. V. 854.] 
 
 [1237.] WhitehaU, 24 December : 
 
 Tobago. j-xhe Committee report regarding the difference between 
 
 Colonel Stapleton and the Admiralty of HoUand] touching 
 certain Negroes carryed off the Island of Tobago by the 
 Quaker Ketch in January last, upon the defect of the Dutch 
 by the french fleete under the Command of Monsieur d'Estree, 
 And there appearing before us Councill learned on both sides. 
 It was represented in behaKe of the Dutch, that they were 
 the true Owners of the said Negroes before the arrivall of the 
 french, and had continued in the possession of them untill 
 they were transported unto your Majestyes Island of Nevis 
 by the Quaker Ketch In Evidence whereof were produced 
 the Depositions of John Hossen and Daniell Rosens, taken 
 in Your Majestys High Court of Admiralty on the 12th of 
 Aprill last, The sayd John Hossen declareing that he was 
 in the fort of Tobago when it was blown up by the french on 
 the 12th of December last past, And that having escaped 
 from thence, he retired unto the Woods, with intent to 
 secure 104 Negroes, which had been before the Attacke, 
 sent into the woods for their safety, by order of the Governor 
 Binckes, That he did continue with them in the woods untill 
 the french were gone off the Island, And that on the 1st of 
 January last, there comeing an EngUsh Ketch before the 
 Island, He did engage the Captain to transport them and 
 82 Negroes unto Nevis, where he left the said 82 Negroes in 
 the possession of Colonel Stapleton for the use of the States 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 795 
 
 Generall. The sayd Daniell Rosens likewise deposeing that 
 he was on the Island of Nevis when those Negroes were left 
 in the possession of Collonell Stapleton. 
 
 The Councill on Colonell Stapletons behalfe, alledged that 
 he remained possessed of the sayd Negroes by vertue of a 
 Grant from your Majesty whereby all Your Majestys right 
 and Title was vested in him, That at the time when the 
 sayd Negroes were taken on board, both french and Dutch 
 had deserted the Island, there being no person in possession 
 of them but some salvage Indyans, who came thither to 
 plunder. That although this did not only appeare by Letters 
 from Colonell Stapleton but by the report of persons come 
 from those parts, yet they could not as yet produce any 
 further proofe of your Majestys right to the sayd Negroes, 
 which they had neglected to procure by reason they had 
 supposed the Dutch had not intended to prosecute their 
 claime. And therefore did humbly desire a competent time 
 might be allowed them to write unto Collonell Stapleton 
 and to receive his Answer, with sufficient proofes to make 
 out Your Majestys Title to the sayd Negroes. 
 
 [As Col. Stapleton does not appear to have had notice of 
 the Dutch claim whereby he might have been able to trans- 
 mit evidence to prove his Majesty's title to the negroes, it is 
 recommended that he be informed at once, and allowed six 
 months to answer the Dutch,] unless by the Arrival of the 
 Quaker Ketch, which was imployed in transporting the sayd 
 Negroes, the matter may become fitt before that time to 
 be proceeded in : [and that his agent WiUiam Freeman 
 give security of 1,500Z. to answer further process and 
 make good the negroes in case the sentence be given 
 against him. 
 
 The report, signed by Anglesey, Aylesbury, W. Craven, 
 and J. WiUiamson, with Phi. Lloyd, is approved, and orders 
 given accordingly]. IP- *93. ][ 3.] 
 
 [C.S.P. V. 856,] 
 
796 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678. 
 
 Ship Passes. 
 
 Plantation 
 Trade. 
 
 New 
 England. 
 
 Jamaica. 
 
 [1238.] [1.] Whitehall, II May : 
 
 [A Straits pass petitioned for on the 11th May is granted 
 on the 18th to Eobert Yate, Thomas Earle, and Robert 
 Henley of Bristol to protect their ship the George from the 
 Algerines. The petitioners, men of repute and ready to 
 give bond for performance of aU that may be required from 
 them for prevention of any abuse, intended to send the 
 George to the Isle of May, New England, and Bilbao, but 
 altered their intention on finding that such a voyage would 
 be to their great loss and detriment.] [fp. 14 & 17.] 
 
 [2.] Whitehall, 25 August : 
 
 . . George Baron of London Marchant, Setting forth that 
 he is sole owner of an English-built VesseU caUed the Ehzabeth 
 of London, Wm. Prout Master, now in the Port of Boston 
 in New England, That he having Effects in New England for 
 the withdrawing of the same from thence, caused the said 
 ship, to be built there, which hath been for some time ready 
 to come for England, but dares not stirre without his 
 Majestyes pass, to protect her against the Turkes, That in 
 order to the obtaining one, The Petitioner lately applyed 
 to the Lords Commissioners of the Admiralty who though 
 they conceive it very reasonable to be granted, yet never- 
 theless they declared. That they could not doe it, without 
 his Majestyes particular directions therein, In as much as 
 its a Case not provided for by the Rules, estabhsht by his 
 Majesty in Councell, touching passes. And forasmuch there- 
 fore. And for that the ship is EngUsh built, and doth solely 
 belong unto the petitioner, (who is his Majestyes faithfull 
 borne subject) and wholely navigated with Enghsh, prays 
 his Majesty would be gratiously pleased to grant the Peti- 
 tioner a pass for his sayd ship, [Orders were given that the 
 Admiralty grant the pass]. [P- 95. Ij 1.] 
 
 [3.] Whitehall, 27 March : 
 
 [On the petition of] David Lockwood Master and of the 
 Owners Merchants Passengers and ffreighters of the ship 
 
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 797 
 
 Dragon lying at Anchor at Gravesend, Setting forth, That the 
 said ship, Burthen 170 tons, and carrying 16 Guns, 18 Men 
 and Boys, and 60 Passengers bound for Jamaica ; hath for 
 some Weeks past been full laden with Goods, part whereof is 
 Mill worke, and other things proper for Plantations, and 
 having likewise on board her many Persons belonging to the 
 Retinue of the Earle of Carlisle, with their ffamilys and Goods, 
 hath only staid to attend the said Earle, by means whereof 
 she is now under the Embargo, to the great Losse and 
 prejudice of the Petitioners, And therefore Praying the said 
 Vessell may be discharged : [a pass and protection for the 
 voyage is granted]. [p. 270. U 2.] 
 
 [4.] WhitehaU, 30 March : 
 
 Sir John Peake and John Harwood . . . Owners New York, 
 and ffreighters of a small ship called the Recovery, Edmond 
 Clements Master, which is loaden with Goods for New Yorke, 
 and clear in the Custome House London, but . . stopt 
 by the present Embargo, [complain that their goods wiU be 
 very much damaged by delay and ask for a pass. This the 
 Admiralty are directed to grant upon the petitioners making 
 out the truth of their allegations]. [p. 271. ^ 3.] 
 
 [5.] WhitehaU, 9 April : 
 
 [On a report from the Admiralty, in spite of the embargo, Plantation 
 passes are granted to the Expedition of Barbados, John ^ ^' 
 Harding master, bound for Barbados, the pink Benjamin of 
 London, Arthxir Daimer master, boTind for Boston,] and the 
 Anne and Grace, John Tyler Master, bound for Newfoundland, 
 aswell to carry provisions for the Inhabitants of that place, 
 as to bring home a good quantity of fish left there last yeare, 
 
 [pp. 268-7.] 
 
 [The Council refer to the Admiralty the petition of John 
 Phihps master for a pass for the Blessing of New England, 
 120 tons, laden with perishable goods and carrying above 
 40 passengers.] 
 
Plantation 
 Trade: 
 
 798 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 [6.] Whitehall, 13 May : 
 
 Upon the Petition of Samuel Andrewes master of the 
 Providence a small Ketch belonging to Boston in new 
 England, setting forth that the said Ketch was fraited by the 
 Royall Company from Nevis, and arrived at the Isle of Wight 
 where his men were prest, and from whence he had a Protec- 
 tion to come to London, and has laene in the River Seaven 
 Weeks to the excessive charg of the Petitioner who has a 
 great family at Boston [the Lords of the Admiralty are 
 recommended to give him a pass in spite of the embargo, 
 unless they think it inconvenient for his Majesty's service, 
 in which case they are to report.] [p. 318. ^ 1.] 
 
 [7.] WhitehaU, 15 May : 
 West Indies: j^rj^g Council refer to the Lord High Treasurer the petition 
 of the farmers of the 4^% duty in the Leeward Islands, for 
 a pass for the Nobk Katherine to go thither for the proceeds 
 of the dutyj which they cannot secure without permission 
 for a ship to fetch them. 
 
 Hudson's 
 Bay. 
 
 [8.] Whitehall, May 19 : 
 
 [Notwithstanding the embargo, the Admiralty are ordered 
 to grant passes to the Prince Rupert of London, 80 tons 
 burden, Richard Power master, 20 men and 16 passengers, 
 and the Shaftesbury of London, 100 tons burden, Joseph 
 Thompson master, 20 men and 16 passengers, to sail to 
 Hudson's Bay.] [P- 339. H L] 
 
 CHARLES II. VOLUME XIV. (1 Jan. 1679— Ap. 1679.) 
 
 New 
 England. 
 
 [1239.] Whitehall, 15 January : 
 
 The Answer of Mr. Randolph to a question (touching matters 
 relating to New England) was referred to the Committee of 
 Trftde and Plantations, [P- 22. II 7.] 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 799 
 [1240.] Whitehall, 17 January : 
 
 [Captain James Barret's petition for 21QI. arrears of pay Barbados, 
 due to him as captain of a foot company in the late regiment 
 of Sir Tobias Bridge, is referred to the Lord High Treasurer 
 who is to report to the Board,] That so such Releif may be 
 given therein, as his Majestys occasions will permit. 
 
 [p. 28. 1] 3.] 
 
 [1241. J WhitehaU, 24 January : 
 
 The Petition of the Gouernor of the Massachusetts Colony Massa- 
 was this day presented to his Majestie by Mr. Staughton and 
 Mr. Bulkeley their Agents here upon reading whereof, his 
 Majestie orders that it be referred to the Lords of the Com- 
 mittee of Plantations, And that the great Report, now under 
 the care of Sir Robert Southwell, touching the state of that 
 whole Territory be made ready with aU convenient speed. 
 
 [p. 45. U 5.] 
 
 [1242.] Whitehall, 24 January : 
 
 Wheras the Commissary of the States GeneraU of the West Indies. 
 United Provinces, and of the Dutch West India Company hath 
 this Day represented . . that one Captain James Browne 
 did in the yeare 1677 piratically take in a Certain Ship called 
 the Sun on the Coast of Cartagena neer two hundred negros 
 belonging to the said West India Company, and one Balthazar 
 de rue Inhabitant of Amsterdam, and Landed some of them 
 at Jamaica. That by Order of the Gouernor and Council! 
 there they were to be seized, and sold, and the proceed 
 deposited for the vse of the Right Owner. That accordingly 
 they were sold, and a Bond of three thousand pounds entered 
 into for restitution therof as aforesaid. That the said Right 
 having been fully proved to be in the said West India Com- 
 pany &c. It is humbly prayed that the said Bond may be 
 deliuered up to their Agent Sir Thomas Modyford. [The 
 business is referred to the Committee for examination and 
 report.] [P- ^l. If 3.] 
 
 [C.S.P. V. 867.J 
 
New 
 England. 
 
 Rhode 
 Island. 
 
 800 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679 
 [1243.] Whitehall, 24 January : 
 
 The Petition of Mr. Crowne touching Lands in New Eng- 
 land Referred to the Comitee of Trade. [p. 52. ^ 4.] 
 
 [1244.] Whitehall, 31 January : 
 
 [The Committee report on the complaint of Randall Holden 
 and John Green] :— Wee finde it to be cheifly occasioned by 
 the pretensions and proceedings of WiUiam Harris of 
 Patuxet in New England, who by his Petition presented vnto 
 Your Majestic in Councill on the 11th of June 1675 did set 
 forth, that he and twelue others neer Forty yeares since 
 purchased of the Indian Princes a certain parcell of Land 
 called Patuxet, which they enjoyed Peaceable for many 
 Yeares, notwithstanding the Seuerall Claymes of the Towne 
 of Providence and of the Massachuset Colony, vntill John 
 Harrud and a Party with him forceably entred vpon part of 
 those Lands vnder pretence of a purchase from other Indians 
 keeping possession of the same against Verdict and Judg- 
 ment of Court, and that by reason of the Contiguity of 
 Patuxet bounds vnto Seuerall Townes and Colonies, he and 
 his Partners Did apprehend no SmaM Danger of loosing their 
 Rights by the encroachment of the Towne of Providence, 
 Warwick, new Plymouth and the Massachusets Colony. 
 Your Majestie hauing herevpon referr'd the examination of 
 this matter vnto vs and vpon our humble Report that the 
 Petitioner and his Partners were very fit objects of your 
 RoyaU care and Protection, Your Majestie in Compassion to 
 the long and many sufferings complained of by the said 
 Harris and his Partners, was graciously incUned to order 
 them Redresse, in the most Speedy and effectuall way that, 
 could be proposed, signifying your RoyaU Comands by your 
 Letters of the — August 1675 That the respectiue Gouernors 
 of your Colonies of the Massachusets, New Plymouth, Con- 
 necticut and Rhode Island should appoint some able honest 
 and indifferent Persons to join with each other, and to 
 cause the Differences and troubles arising to the Petitioner 
 
1679.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 801 
 
 and his Partners, concerning the Lands of Patuxet to be 
 brought to a fair Triall, and that by a just indifferent, and 
 v|Dright Jury in hke manner appointed, all might be finally 
 determined according to Justice and without delay. The 
 first notice your Majestic receiued of the Execution of this 
 Commission was by the Petition of the present Complainants 
 setting forth in relation to William Harris, that they had, 
 in pursueance of your Royall letters attended at the tyme 
 and place appointed by Summons, and that the Major part 
 of the Commissioners being elected out of their professed, and 
 mortall Ennemies, had ouervoted those of Rhode Island, 
 granting and awarding to the said Harris the Lands bought 
 and improved by them, and also giuing great Damages, not- 
 withstanding the Testimony of one Mr. WiUiams the first 
 Indian purchaser of those Lands, and other materials Witnesses 
 in that behalf, wherby aboue five thousand acres of land and 
 Meadows belonging to the Town of Warwick and parts of 
 adjacent were taken away from them. That herevpon 
 according to their Charter they appealed vnto your Majestic 
 and Desired a suspention of the Commissioners Sentence the 
 refusall wherof had occasioned them to vndertake this Long 
 Voyage and to suppUcate your Majesties Royall interposition 
 and settlement of their Country, which by reason of the said 
 different lawes and formes of Gouernment in the seuerall 
 Colonies, would not otherwise be accomphshed. 
 
 Some time after this, the Right honorable Mr. Secretary 
 Williamson receiued a letter from Mr. Leveret Gouernor of 
 your Majesties Colony of the Massachusets of the 15th of 
 October last past, enclosing a Return made vnto him by the 
 Commissioners of the Court constituted by Virtue of your 
 Majesties said Letters vpon the Case of William Harris, which 
 having been comunicated vnto vs, Wee found it to contem 
 the proceedings of the said Court in the manner foUowing. 
 That in pursueance of his Majesties Comands, there appeared 
 at Providence Plantation in the Colony of Rhode Island on 
 the third of October 1677, two Commissioners from each of 
 
 61 
 
802 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 the respective Gouernments of your Majesties four Colonies 
 of New England, who hauing Duely Chosen twelve Jury men, 
 adjourned to the 17th of November following, that so there 
 might be timely Summons given to such as the plantifs or 
 Demandents Desired to Commence their Action against ; 
 At which time Several Verdicts were given in by the Jury, in 
 behalf of William Harris, and such of his Partners as joined 
 with him, (who in no Case were more than two) where amongst 
 others, the Plea against the Towne of Warwick, and the 
 purchasers of the said Land Called Warwick, was found for 
 the Plantif WiUiam Harris and Thomas Field, and the 
 Verdict accepted by the Court with allowance of Costs, The 
 Court vpon the acceptance of the aforesaid Verdict, ordered 
 the Towne of Providence to choose able men, to run such a 
 Dividing lyne as might distinguish and mark out the Lands 
 claimed by WiUiam Harris and Partners ; a Draft of which 
 lyne hauing been on the 18th of June following presented vnto 
 the Court according to their appointment was not accepted 
 of by them, as not being judged to answer the Courts order 
 accorduig to the true meaning of the Verdict, So that after 
 much Debate about it, the Court thought it most satisfactory 
 that the former Jury themselves should explain their owne 
 meaning in their Verdict, and accordingly summoned them 
 to appear at their next adjournment, to be held at Providence, 
 on the first of October following ; But one of the Commis- 
 sioners of the Colony of Connecticut absenting himself the 
 next Day after, gaue occasion to the Commissioners of Rhode 
 Island to with Draw themselues from the Court, as Deeming 
 it destitute of Power to Act as a Court. The rest of the 
 Commissioners notwithstanding continued their meeting, and 
 the Gentlemen of the Jury hkewise made their appearance, 
 except the three appointed by Rhode Islande, who being Come 
 the next Day refused to act as to the Explanation of their 
 former Verdict, alleaging that they had with the rest of the 
 Jury, given in their Verdict vpon Oath, which was accepted 
 by the Court, and they Dismist, And therfore would not con- 
 cerne themselues farther about it; But the other nyne 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 803 
 
 gentlemen of the Jury, gaue in, vnder their hands an explanation 
 of what they intended in their former Verdict, which the 
 Commissioners eonceiued to be that lyne, which, according 
 to Verdict of Jury and Justice ought to be run, and possession 
 accordingly given vnto the Plantifs, at least vntil his Majesties 
 pleasure should be further knowne ; Yet, forasmuch as one 
 of the Commissioners was absent, and two being present, Did 
 oppose the said explanation, and one, or more hesitated 
 about the granting Execution ; The said Commissioners thought 
 fit to leaue the finaU Determination of this whole affair 
 vnto your Majestic. Vpon pervsaU of the said Eeturne, Wee 
 ordered a Copie therof to be Deliuered vnto the Complainants 
 Randal Holden, and John Green, and thervpon wee haue 
 received their answer, and objections as foUoweth, 
 
 That when your Majestie was pleased to grant a hearing 
 by the Commissioners of the four Colonies, of the Complaints 
 of WiUiam Harris, there was noe power given to them to Judg 
 of any other Lands than those of Patuxet, and that the 
 Lands of Warwick, are no part therof. 
 
 That against the proceedings of the Commissioners the 
 Town of Warwick did publiquely protest in open Court, and 
 Did humbly make their Appeale vnto your Majestie which 
 the Major part of the Commissioners Did refuse to grant, 
 Sajdng it would be of ill Consequence to the Country to allow 
 of any appeal to your Majestie. 
 
 That it appears by the Oath of Roger WiUiams, (who 
 purchased from the Indians those Lands which Harris and 
 Partners now possesse, and who haue no other title but that 
 Dirived from the said WiUiams who is one of the thirteen 
 Partners) that the Lands claimed by Harris of the Town 
 of Warwick were nither bought by him of the Indian Sachims 
 or by him sold vnto Harris or Partners, nor is there mention 
 of those Lands in any Deed of Sale. 
 
 That the Lyne run by the Town of Providence, wherof 
 Harris, and Field are Inhabitants was accepted by the Com- 
 missioners and is according to Right. 
 
804 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 That the farther proceedings of the Commissioners for 
 altering the said Lyne were not agreed vnto, by many of them, 
 as being vnsatisfactory, So that at last they haue been obliged 
 to Submit the whole matter vnto your Majestie. 
 
 The Complainants therfore humbly praying your Majestie 
 either, that the lyne run by the Towne of Providence according 
 to the Verdict of Jury, and Judgment of Court may may be 
 confirmed, or elce, that all matters remayne in the first state 
 vntiU Harris and his Partners shall shew Cause for the Con- 
 trary vnto your Majestie. 
 
 This being the true state of the whole affair, wherin the 
 Complainants Randall Holden, and John Green are Concern'd 
 either for themselues, or in behalfe of others, in relation to 
 the Claim of WiUiam Harris, Wee haue presumed to lay the 
 same before your Majestie with Our humble Opinions that 
 since by Disagreement and Dissentions of your Majesties said 
 Colonies in New England, the most equitable Speedy and 
 probable meanes which your Majestie in your great Wisedome 
 could Direct for ascertaining and sethng the Rights and titles 
 of your Subjects there inhabiting, haue after soe long time 
 found no sutable effect. And in Consideration of the Com- 
 plainants humble appeale vnto your Majestie for Justice 
 (which your Majestie in hke Cases wiU alwaies allow of and 
 encourage) together with the reasons, and Euidences Offered 
 by them in Justification of their Right, and present possessions 
 which do not appear to be any part of the Lands of Patuxet, 
 which only by your Majesties Commission were to be brought 
 to a tryaU, Your Majestie do therfore Signifie Your Royall 
 Pleasure vnto WiUiam Harris, and all others whom it may 
 concerne that the Inhabitants of the Towne of Warwick be 
 not Disturbed in the quiet and peaceable enjoyment of the 
 Lands claymed and possessed by them the Inhabitants of 
 the Town of Warwick, And that all things relating thervnto 
 remain in the same state they were in before the meeting of 
 the said Commissioners vntill the said WiUiam Harris or 
 Partners shaU, in the LawfuU Defence of their Right before 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 805 
 
 your Majestie in Councill make out a Sufficient title to the 
 said Lands. 
 
 Councill Chamber, 2 January 1678[9]. Anglesey, Bridg- 
 water, Essex, Craven, Ailesbury, Pauconberg. 
 
 [The report was approved, and orders given accordingly 
 for the inhabitants of Warwick,] And as to the Lands of 
 Patuxet, concerning which Mr. William Harris came ouer 
 into England, which onely by his Majesties Commission were 
 to be brought to a TriaU. And the Commissioners hauing in 
 pursueance therof, made a fauourable Report touching the 
 said Interest. It is further Ordered, that Mr. WiUiam Harris 
 and Partners be peaceably and quietly possessed of the Same 
 accordingly. [pp, 70-73.] 
 
 [C.S.P. V. 872.] 
 
 [1245.] Whitehall, 7 February : 
 
 [The Committee report] :— Vpon receipt of your Majestys New 
 Reference in CounciU of the 24th of January last directing "^'"^ ' 
 us to Consider the Petition of Mr. John Crown in behalfe of 
 his Father WiUiam Crown, prajdng your Majestie to Grant 
 vnto him the Lands of Mounthope in New England, in Com- 
 pensation of the Great loss hee had Sustained by your 
 Majestys Surrender of Nova Scotia vnto the French, as being 
 late proprietor in part of that Country, Wee have taken such 
 informations concerning the said Tract of Land called Mount- 
 hope as the Deputys of New England which are now 
 attending your Majestie were able to give vs. And wee find 
 that the said land was belonging vnto the Sachim Phihp and 
 his adherents destroyed by your Majestys Subjects in New 
 England in the late Warr against the Indians. But whereas 
 the said Deputys doe not give any positive or concurrent 
 answer as to the Extent value and property of the said land. 
 And it being not agreeable with your Majestys Justice to make 
 any Grant or Disposall thereof vntill your Majestie bee 
 informed of the Right and tittle which the Neighbouring 
 Colonys may pretend vnto the said Country, which appears to 
 have been conquered by them, not without great charge and 
 
806 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 bloodshed. Wee are most humbly of opinion that your Majestys 
 Letters be sent vnto the four Colonies of the Massachusetts, 
 PHmouth, Rhode Island, and Connecticut, in New England 
 requiring them to Certify vnto your Majestic with all Speed, 
 the true Extent, Value and property of the said lands called 
 Mounthope, with the groimds and evidences of their respec- 
 tive claimes (where any shall be made) that your Majestic 
 may therevpon give Such Order as shall Suit with your Royall 
 Justice and Bounty, Your Majestie having not, as yet received 
 the least intimation from any of the Said Colonies concerning 
 the Conquest, Claim, or Disposal of the Said Country. 
 
 Councill Chamber, 6th February 1679. Signed by the Lord 
 Privy Scale, Earle of Essex, Earle of Aylesbury, Earle of 
 Craven, Lord Bishop of London. 
 
 [The report is approved, and its content ordered to be added 
 to the letter about to be sent to the four New England Colonies 
 as to " the Narragansett Coimty."] [p. 83. f, 3.] 
 
 [C.S.P. V. 882.J 
 
 [1246.] Whitehall, 21 February : 
 West Indies. [The Council approve, and give orders in accordance with 
 the Committee's report in the case of the negroes claimed by 
 the Dutch West India Company, that Lord Vaughan, Governor 
 of Jamaica, had certified the particulars ut supra] And that 
 the property which is claimed by the Said Commissary in 
 the said Negros might appear vnto vs he hath produced the 
 deposition of Nicholas Van Beeck and Marc Broen Directors 
 of the Dutch West India Company, taken at Amsterdam the 
 24th of November last, declaring that on the 27th of January 
 1677 Laden at Curasao one hundred and Sixty One Negroes 
 on board the Golden Sun, Francis Wier Master, which were 
 all belonging vnto the Said West India Company ; as alsoe the 
 Depositions of Balthazar De Rue concerning the Lading of 
 thirty Negroes more on board the said Ship, for the vse of 
 himselfe and others the freighters. Wee have Likewise seen 
 two originall Instruments of Procuration from the said Directors 
 of the Dutch West India Company and the Said Balthazar de 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 807 
 
 Rue, constituting Sir Thomas Modyford their Lawfull Attorney 
 in all things relating to the Said Negroes. Wee are therefore 
 most humbly of opinion that . . the Earle of Carhsle 
 or the Commander in Chief of . . Jamaica for the 
 time being bee required to give Order that, [upon production 
 of evidences making out the right of de Rue and the Com- 
 pany in the negroes, the bond] entered into by Richard 
 Braine Judge AdmiraU of . . Jamaica, and others for 
 Restitution of the Said Negroes vnto the Right Owners, bee 
 forthwith Dehvered vp vnto the Said Sir Thomas Modyford ; 
 all reasonable charges expended vpon account of the said 
 Negroes being first satisfyed vnto Such to whom the same 
 shall appear to bee Due according to such Regulation and 
 agreement as his Lordshipp shall Direct. 
 
 CounciU Chamber 10th of February ] 679. Signed by Earle 
 of Bridgewater, Earle of Sunderland, Earle of Clarendon, 
 Earle of Craven, Earle of Aylesbury, Mr. Secretary Coventry. 
 
 [p. 101. 1| 2.] 
 [C.S.P. V. 900.] 
 
 [1247.] Whitehall, 21 February: 
 
 [The Committee report on a letter of 14 August from Lord Jamaica. 
 Carhsle to Mr. Secretary Coventry] : — Whereas wee find therein 
 that great dissatisfaction is expressed, by some of the Council! 
 in Jamaica, at a Clause in the Mihtia Bill whereby it is 
 provided, that the Governor may vpon all occasions or emer- 
 gences, act as Captain GeneraU and Governor in Cheif according 
 to and in pursuance of all the powers and authorityes given 
 vnto him, by your Majesties Commission which they are 
 Jealous of least thereby they should make it legall to execute 
 all Instructions that either are or shalbe sent to your Majesties 
 Governor. Wee doe therevpon most humbly Offer our 
 opinions vnto your Majestie That there is nothing conteyned 
 in the said Clause of the Mihtia Bill, which your Majestie 
 can depart from without the greatest prejudice to your Royall 
 authority ; for asmuch as the sole Supreme Government 
 Command and disposition of the Mihtia is the vndoubted 
 
808 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 right of your Majestie within all your Majesties Dominions, 
 and that therefore the Earle of CarUsle bee Ordered to insist 
 vpon the said Clause as essential to the trust your Majestie 
 hath reposed in him. Wee have likewise examined the other 
 part of his Lordships Letter Setting forth that the least Coin 
 in Jamaica is leaven pence halfe peny ; soe that the Inhabi- 
 tants Suffer much in their way of Trade, and therefore 
 desiring an authorty to erect a Mint pursuant to an Order 
 in CounceU of the 17th of November 1677. whereby your 
 Majestie is pleased to allow the same in such manner that 
 noe prejudice doe arise vnto your Majesties other Dominions. 
 And that wee might proceed herein according to the merit 
 of soe weighty a matter, wee have consulted the Officers of 
 your Majesties Mint, and vpon a serious consideration of the 
 Consequences which will attend the settliag of a mint in 
 such manner as is desired by the Earle of CarHsle, Wee cannot 
 but lay before your Majestie what has been formerly repre- 
 sented vnto your Majestie on the 14th of November 1662, 
 vpon a reference and debate concerning the establishing of 
 a Mint in Ireland, "That the preserving of one certain 
 " Standard in weight and fineness of your Majesties Gold and 
 " Silver Coynes in aU your Majesties Kingdomes and Dominions 
 "is very much for the security and advantage of your 
 " Majesties Kingdomes and Dominions is very much for the 
 "security and advantage of your Majestie. And that the 
 "altering and debasing of the said Standards (especially 
 "that of Silver Monyes, which are the Common measures 
 " given by your Majestie vnto the people) cannot bee prac- 
 " ticed or allowed in any part of your Majesties Dominions, 
 " without eminent prejudice to the rest." But in case the 
 Earle of Carlisle shall find meanes to provide all necessary 
 offices and buildings for a Mint, And for the making and 
 setting vp of aU necessary tools and Engines for Coining 
 with saUaryes for the vsefull Officers and a Maintenance 
 for such a Mint. Wee humbly offer Our opinions that then 
 such Orders and Regulations bee established by your 
 Majestie for settling the same as shall be agreeable to the 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 809 
 
 Rules and Standards of your Majesties Mint in England, 
 that thereby noe dishonour May happen to your Majesties 
 Coynes, nor any prejudice arise to the rest of your 
 Dominions. Dated 8th of February 1678-9. Signed by 
 the Earle of Bridgewater, Earle of Clarendon, Earl of Ayles- 
 bury, Earle of Sunderland, Earl of Craven, Mr. Secretary 
 Coventry. 
 
 [The report was approved and the Committee directed to] 
 Signifie vnto the Earle of Carlisle the particulars conteyned 
 therein which related vnto a Mint that soe his Lordship may 
 Govern himseMe accordingly. And as for the Clause of the 
 Militia mentioned in the said Report His Majestic will Con- 
 sider further thereof. [pp. 105-6.] 
 
 [C.S.P. V. 901.] 
 
 [1248.] Whitehall, 26 February : 
 
 His Majestie being inform'd that a Considerable fleet of Virginia 
 Merchant ships are dayly expected from Virginia was this ^ ^' 
 day pleased to Order in Councell that . . the Admiralty 
 doe forthwith appoint a Convenient Number of his Majesties 
 Ships of Warre to ply off of the Channells Mouth, or in such 
 other Station as to their Lordships shall seem best, to secure 
 the said Merchant ships from falling into the hands of the 
 Pyrats of Argier who may probably lye in waite for them. 
 
 [p. 107. Tl 1.] 
 
 [1249.] Whitehall, 10 March : 
 
 [The Council approve an Act transmitted from Barbados] Barbados. 
 For the empowring Benjamin Middleton Esqr. to sell his 
 Estate for the payment of his Debts. [p. 124. ^ 3.] 
 
 [C.S.P. V. 926.] 
 
 Given in fuU in Plantation Register and printed in The Laws 
 of Barbadoes (London, 1699) pp. 128-9. 
 
 [1250.] Whitehall, 14 March : 
 
 [The Committee report that in preparing a Commission Virginia, 
 and Instructions for Lord Culpeper as Governor of Virginia, 
 in accordance with instructions of 14 December], Wee have 
 pursued the same Method and Directions as your Majesty 
 was pleased to prescribe unto Us for the Dispatch of the 
 
810 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679 
 
 Earle of Carlisle unto Jamaica both in relation to the making 
 Lawes and in other fundamentall parts oi the Government 
 under your Majesty, with such Alterations and Additions as 
 the Difeerence or Necessity of each Colony hath required 
 Which neverthelesse Wee have not thought fit to present 
 to your Majesty without first receiving your especiall Order 
 touching such points as have appeared unto Us of greatest 
 moment and difficulty which are as followeth, 
 
 1. Wee take Leave to observe that your Majesty has 
 by Letters Patents dated the 8th of May in the 21th 
 year of your Reigne and by other Letters Patents dated 
 the 25th of ffebruary in the 25th year of your Majestys 
 Reigne granted unto the Earle of St. Alban the Earle of 
 Arhngton, the Lord Culpeper and others the propriety 
 of all Lands lying within your Majestys Colony of Virginia 
 with all the Quit Rents and other Priviledges mentioned 
 therein which upon the humble suit of the Inhabitants 
 of that Colony your Majesty, as wee are informed has 
 engaged your Royall word to take into your owne hands, 
 and to apply the same unto the pubhque uses and Sup- 
 port of that Government. [His Majesty is therefore 
 recommended to revoke the said grants, satisf3dng the 
 several patentees for their respective interests ; and to 
 give the necessary orders for doing so to the Lord High 
 Treasurer]. 
 
 And Wee do further offer. That the Quit Rents of 
 Virginia which shall hereupon become due and payable 
 to your Majesty be applyed to the building of one con- 
 siderable ffort in such place and manner as shall be found 
 necessary for the defence of the Country against Eor- 
 rain Invasions and for preventing and suppressing all 
 Intestine Seditions as also for the better carrjnng on of 
 this Worke that your Majesty direct the Governor and 
 Council! to recommend very earnestly unto the next 
 Assembly the raysing of Money for the more speedy 
 building and maintenance of such a ffort. 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 811 
 
 2. And whereas by the Report of your Majestys late 
 Commissioners wee find that James Towne is not only 
 the most ancient but the most convenient place for the 
 Metropohs of that Country, Wee cannot but advise that 
 all possible Endeavours be used for the speedy rebuilding 
 of the same, As also that the Cheif Port Residence of the 
 Governor, Courts of Justice, and other pubHc offices 
 attending the Government be setled and continued in 
 that place. 
 
 3. We take leave to lay before your Majesty that 
 whereas by an Order of CounciU touching Jamaica, your 
 Majesty thought fit that aU members of your CounciU 
 there being displaced by your Majesty should be incapable 
 after being so displaced of being chosen into the Assembly, 
 Wee find the same to be a matter of no small difficulty, 
 besides the great Discouragement it wiU occasion in the 
 minds of your Subjects there So that Wee cannot advise 
 your Majesty to Order the same in this your Colony. 
 
 4. And altho by your Majestys Instructions unto the 
 Earle of CarUsle no Persons are obhged to take the Oaths of 
 Allegiance and Supremacy, except the members and officers 
 of the Council! the Judges, Justices and Members of the 
 Assembly, yet Wee are humbly of Opinion, That in Virginia 
 all Persons of what degree or quaUty soever be strictly 
 enjoyned and obhged to take the Oath of Allegiance, 
 And that none be admitted to bear any part in the 
 Government, without first taking as well the Oath of 
 Supremacy as that of Obedience unto your Majesty. 
 
 5. Wee are humbly of Opinion That whereas the late 
 Rebellion in Virginia was partly occasioned by the 
 Incursions of the bordering Indians, and that nothing 
 can more conduce to the WeKare of that Coimtry then 
 that the Inhabitants be with the least Expence secured 
 from the SurprizaUs of those barbarous Enemys. Your 
 Majesty do therefore Order That flEurniture be sent thither 
 for 200 Dragoons with some Tents, whereby the Governor 
 
812 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 may be enabled, upon all occasions to mount so many 
 of your Majeatys ffoot Souldiers, and fit them for that 
 necessary Service, 
 
 6. Wee humbly offer as Our Advice, that upon the 
 departure of the Lord Culpeper, your Majesty would 
 send a Mace and a Sword unto Virginia, with ffurniture 
 for his Lordships ChappeU As also that the Presents to 
 the Indian Princes be forthwith delivered unto his 
 Lordship to be disposed of according to your Majestys 
 Directions. 
 
 7. Wee cannot but thinke it necessary, that as a Marke 
 of your Majestys supreme and imediate Authority, all 
 Writs be issued in your Royall Name only throughout 
 the whole Country, notwithstanding any former usage to 
 the contrary. 
 
 8. As Wee have taken great Care to distinguish the 
 Merits Loyalty and Sufferings of your Majestys Subjects 
 in Virginia both by the Report of your late Commis- 
 sionersj^and otherwise. So Wee humbly offer unto your 
 Majesty the Names of such Persons as Wee have found 
 most worthy of being chosen and continued in your 
 Majestys Councill there, which are as followeth. Sir Henry 
 Chicheley, Col. Nathaniel Bacon, Col. WiUiam Cole, Col. 
 David Parks, Col. Ralph Wormley, Major Richard Lee, 
 Col. Josuah Bridger, Col. Thomas Swan, Col. Robert 
 Smyth, Col. Nic. Spencer, Col. Rowland Place, Col. Aug. 
 Warner, Major General Custis, Fran, Leigh Esqr. 
 
 9. And Wee do farther advise, that Col. Ballard Col. 
 Bray and Col. Phihp Ludwell at present your Majestys 
 Coimcellors, be for their unworthy Behavior and Demeirts 
 deprived of that Honor and Trust. And whereas Col. 
 Robert Beverley Clerke of the Generall Assembly and 
 Col. Edward Hill President of Charles City-County have 
 appeared imto Us imder a Character of eviU ffame and 
 behaviour in their respective offices, Our humble Opinion 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 813 
 
 is that they be put out of all Employment, and not 
 admitted to any Place of Trust, untill your Majestys 
 Pleasure be further known. 
 
 10. Lastly your Majesty having by an Order of 
 Council! of the 30th of October last directed Us to con- 
 sider the Representation made by the Assembly of 
 Virginia to Col. Jefferys . . We are hereupon 
 
 most humbly of Opinion, that the Lord Culpeper at the 
 first conveniency after his Arrivall in Virginia, be 
 Ordered to signify your Majestys High Resentment of 
 this disloyall and seditious Declaration, and to find out 
 with the assistance of the Council! , who were the Authors 
 and abettors thereof, that so they may receive the Marlis 
 of your Majestys Displeasure for this their great pre- 
 sumption. 
 
 February 18, 1679. Bridgwater, Sunderland, Essex, 
 Clarendon, Craven, Aylesbury. 
 
 [The report was approved and the Committee directed to 
 prepare Lord Culpeper's Commission and Instructions accord- 
 ingly, and to add Henry Meese Esqr. to the list of the Council 
 of Virginia. 
 
 Orders follow for the execution of the recommendations in 
 sections 1, 5 & 6 of the report.] [pp. 132-3.] 
 
 [C.S.P. V. 932.] 
 
 [1251.] Whitehall, 19 March : 
 
 [The Committee report in the case of EHzabeth Dudley of Virginia. 
 Virginia (cf. 1192) that the facts are as aUeged, and that 
 WiUiam Dudley] had never talsen or plundred any Mans Goods, 
 but had used his best Endeavours to persuade the People 
 to a Submission to your Majestys Governor . . [And that 
 she has produced the biU given to Sir William Berlieley] 
 dated the .5th of January 1676 which mentions the same to 
 be in consideration of the Governors Clemency to her deceased 
 Husband in giving him his Pardon. 
 
Jamaica. 
 
 \'irginia 
 
 814 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 [It is accordingly recommended, and thereupon ordered by 
 the Council that restitution of the tobacco or its value be 
 made by the Governor.] [p_ 135 «t j i 
 
 [C.S.P. V. 941.] 
 
 [1252.] Whitehall, 19 March : 
 
 [The Committee having reported on a letter from the late 
 Earl of CarUsle] of the 31th of July last to Mr. Secretary 
 Coventry touching the Trade of Logwood, and employing of 
 Privateers that resort to that Island, It was . . Ordered 
 . That Care be taken in the next Treaty with Spain 
 to adjust the Trade of Logwood, And that . . the Earle 
 of Carhsle . . discourage as much as in him lyeth all 
 Persons under his Government from cutting any Logwood 
 at Campeche, or any other part of the King of Spains 
 Dominions, And . . induce the Privateers to apply them- 
 selves to Planting upon the said Island of Jamaica. 
 
 {V- 135. H 2.] 
 [C.S.P. V. 938.] 
 
 [1253.] Ibid. 
 
 [The Council approve and give orders in accordance with 
 the Committee's report on their examination into] the Ser- 
 vices of Robert Morris, Nicholas Prinne and John Consitt 
 Commanders of Ships employed by your Majestys Governor 
 during the late Rebellion in Virginia . . . Wee have 
 examined the Case of the said Persons who by their Petitions 
 presented unto your Majesty set forth, That they wholy 
 employed themselves their Ships, and their whole Strength 
 in acting and doing such things as tended to the suppressing 
 of that Rebellion, and that they have received no manner of 
 Reward for their Services nor indeed so much as an Allowance 
 for their extraordinary Expences in Liquors and other 
 unavoidable charges they were at by the continuall Resort 
 of the Loyall Party on board them, which did not cost the 
 Petitioner Morris so httle as ffifty pounds, nor the other 
 Petitioners lesse than Thirty pounds each. 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 815 
 
 And it doth accordingly appear by the Report of your 
 Majestys late Commissioners for the Affaires of Virginia, that 
 the main Service for reducing the RebeUs to then- Obedience 
 was done by the Seamen and Comanders of Ships then riding 
 in the Rivers And further that what Signall Services were 
 done as to the suppressing this Rebellion must be justly 
 attributed to the incessant Toyle, Courage, and good Suc- 
 cesse of the Sea Captains Morris, Consett, Grantham, Prinne 
 and Gardner. 
 
 And Wee are thereupon most humbly of Opinion, That 
 the Petitioners . . are fit Objects of your Majestys Royall 
 Bounty And that therefore your Majesty besides the Reim- 
 bursement of the respective summes expended by them would 
 Order them the hke summes as a Reward of their Loyalty 
 and Services during the said Rebellion, [i.e., Morris to receive 
 lOOl. in all, and the other two 501. each], As also that the 
 Names of the said Petitioners may be entred in the office 
 of your Majestys Admiralty as fit Persons to be employed 
 in your Majestys Service when occasion shall offer. 
 
 [p. 136. Tl 1.] 
 [C.S.P. V. 939.] 
 
 [1254.] WhitehaU, 21 March : 
 
 Whereas a Proposal! was this day made unto his Majesty Leeward 
 in Councill That the Master or Merchant of every Ship trading 
 to the Leeward Islands might be enjoyned to carry thither 
 for Sale Ten or Twelve ffire Armes of Twenty or Twenty ffive 
 shilhngs a Peice, and a dozen Swords, which would not only 
 tend to the Security of his Majestys Subjects in those parts 
 but to the Profit of the Master or Merchant transporting such 
 Armes, His Majesty having expressed his good Liking of the 
 said Proposal! [referred it to the Customs for an opinion] 
 by what meanes, and in what manner the Masters or Merchants 
 of Ships trading to the Leeward Islands may be induced or 
 obhged duly to observe and execute the same. 
 
 [p. 138. II 2.] 
 rC.S.P. V. 944.] 
 
New 
 Plymouth. 
 
 816 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 [On 23 April an order is given to the Treasury to direct the 
 Commissioners of the Customs to permit all ships bound for 
 the Leeward Islands to transport 12 firearms (of 20s. or 25s. 
 a piece) and 12 swords] Custome free for the terme of 3 Yeares, 
 takeing out a free Warrant as in the Case of Bulhon. 
 
 [Vol. XV. p. 9. T! 1.] 
 [C.S.P. V. 978.J 
 [1255.] Whitehall, 26 March : 
 
 A Letter to the Governor and Magistrates of his Majestys 
 Colony of New Pljnnouth in New England. [On the peti- 
 tion of Thomas Baxter, late of New Plymouth, representing] 
 That being prest in his Majestys Name to take up Armes in 
 defence of the said Towne and Colony in the late Warrs with 
 the Indians, He was in that Service so disabled by the acci- 
 dental! breaking of his Gun, whereby he lost his ffingers and 
 most part of his Left Hand, that he is altogether uncapable 
 to worke for his Living, and is under great Want and 
 Necessity as appeared by a Certificate under the hand of 
 Josiah Winslow Governor of New Plymouth, Which his 
 Majesty taking into consideration, [the petitioner is effectually 
 recommended to the Governor and Magistrates for an 
 allowance.] [p. Ul. ^ 4.] 
 
 .Newfound- 
 land. 
 
 [1256.] Whitehall, 28 March : 
 
 . . Sir John ffrederick. Sir Nathaniel Heme, John Gould, 
 Benjamin Newland and sever aU other Merchants of London 
 on behalf of themselves and others his Majestys Subjects 
 concerned in the Newfoundland Trade, Setting forth That for 
 the Support of that Trade which is so advantageous to this 
 Kingdome, it is absolutely necesBary that the Petitioners 
 Shipping should come to Market at least as early as the 
 ffrench which they will not be able to do unlesse they depart 
 from Newfoundland by the first of August at furthest But 
 not daring to adventure to proceed from thence for the 
 Streight without a Stronger Convoy then ordinary, in respect 
 of the present Warr with the Turks and their Strength, Ihey 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 817 
 
 humbly prayed a Convoy of ffour Ships of Warr whereof Two 
 to proceed about the first of August with the Ships that 
 shalbe then in readiness to depart and the other Two about 
 the 10th of September following with the residue of the said 
 Ships for the Streights, [It was referred to the Commissioners 
 of the Admiralty] to speake with the Petitioners about the 
 Convoy desired, and to endeavour so farr forth to accomodate 
 them for the Security of their said Trade, as may consist 
 with the present Condition of his Majestys Affaires. 
 
 [p. 143. Tl 2.] 
 
 [1257.] WTiitehall, 4 April : 
 
 [The Council approve, and give orders in accordance with Jamai<^^a. 
 the report of the Committee on a reference regarding the 
 present state and government of Jamaica as settled by his 
 Majesty's commission, that] their Lordships see no reason 
 why any Alteration should be made in the Methode of 
 makeing Lawes, according to the usage of Ireland, for which 
 their Lordships are prepareing Reasons to evince the legahty 
 of the same. And that Whereas a Ship is now lying in the 
 Downes, bound for that Island, their Lordshipps advise that 
 . Mr. Secretary Coventry doe by this conveyance mforme 
 the Earle of Carlisle of his Majestyes pleasure herein, with 
 Directons that all things be disposed to this End, And that in 
 the meane time the present Lawes enacted by the Lord 
 Vaughan be continued by Proclamation, or otherwise untill 
 his Majestyes pleasure be further knowne, as also that his 
 Lordship doe by the first conveyance send over an Authentique 
 Copy of the Act for a publique Impost, lately enacted there 
 according to his Lordships Instructions for matters of that 
 nature. [p. 149. H 2.] 
 
 [C.S.P. V. 961.] 
 
 [1258.] Whitehall, 9 April : 
 
 [A further petition of the orphans, widows, administrators, Barbados, 
 executors, and assigns of the deceased Barbados soldiers is 
 referred to the Commissioners of the Treasury for examina- 
 tion and report.] [p. 156. ^ 2.] 
 
 62 
 
818 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 [On 9 July a similar petition is similarly referred.] 
 
 [Vol. XV. p. 164. TJ 4.] 
 [1259.] WhitehaU, 16 April : 
 
 Tobago. [The Council approve, and give orders in accordance with, 
 
 the report of the Committee in favour of granting] the 
 petition of John Van Wachtendoncke Comissary for the 
 States General! of the United Provinces, and WiUiam freeman. 
 Agent for Colonel Stapleton . . . Praying that in 
 regard they had agreed about the Right of the Negroes taken 
 off of the Island of Tobagoe by the Quaker Ketch. And 
 did feare least the same, or the proceed thereof should be 
 imbezzeUed, or lost before the Expiration of the six Monthes 
 Assigned unto Colonel Stapleton for Certifying the Evidencyes 
 of his particular Clayme. His Majestyes Orders might be 
 therefore sent unto Colonel Stapleton, empowering him to 
 receive aU the sayd Negroes, And the proceed of such of 
 them, as are or shall be sold, and to keepe the same in his 
 possession, untiU the right of them be finally judged and 
 determined. [Sir Richard Haddocke on behalf of Captain 
 Haddocke late commander of the Quaker ketch, having given] 
 his ready consent thereimto, provided that when this matter 
 should be determined due Consideration might be had of the 
 Expence and trouble Captain Haddocke had been at in bringing 
 off the sayd Negroes from Tobagoe which might appeare at the 
 arrivall of the Quaker Ketch here in England, [p. 159. IJ 1.] 
 
 [C.S.P. V. 972.] 
 
 [1260. J Ibid. 
 
 [Lord Culpeper's Commission and Instructions, with the 
 Acts of ObUvion, of Naturahsation and for a Public Revenue 
 to be raised on Virginia, as drawn up by the Committee, are 
 ordered to be despatched by Mr. Secretary Coventry with 
 
 all convenient speed.] [P- ^^^- ^ ^'^ 
 
 [C.S.P. V. 973.] 
 
 [1261.] Ibid. 
 Virginia. [The Committee having reported that the powder in Vu'- 
 
 ginia had become decayed and useless, a hundred and fifty 
 
 Virginia. 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 819 
 
 barrels of good powder are ordered to be delivered to Lord 
 Culpeper or to whom he shall authorise, and the old powder 
 to be returned to the office of the Ordnance in England.] 
 
 [p. 160. ^ 2.] 
 
 CHARLES II. VOL. XV. (21 April 1679—29 May 1680.) 
 
 [The Committee of Trade and Plantations appointed on Committee 
 22 April, 1679:- HJ'^' 
 
 Heneage Lord Pinch, Lord Chancellor. 
 
 Anthony, Earl of Shaftesbury, Lord President of the Council. 
 
 Arthur, Earl of Anglesey, Lord Privy Seal. 
 
 Christopher, Duke of Albemarle. 
 
 John, Duke of Lauderdale, Secretary of State for Scotland. 
 
 James, Duke of Ormonde, Lord Steward of the Household. 
 
 Charles, Lord Marquess of Winchester. 
 
 Henry, Lord Marquess of Worcester. 
 
 Henry, Earl of Arlington, Lord Chamberlain of the 
 Household. 
 
 John, Earl of Bridgwater. 
 
 Robert, Earl of Sunderland, one of the Principal Secretaries 
 of State. 
 
 Arthur, Earl of Essex, first Lord of the Treasiu-y. 
 
 Thomas, Lord Viscount Fauconberg. 
 
 George, Lord Viscount Halifax. 
 
 Henry, Lord Bishop of London. 
 
 DenziU, Lord HoUes, 
 
 William, Lord RusseU. 
 
 William, Lord Cavendish. 
 
 Henry Coventry Esqr, one of the Principal Secretaries of 
 State. 
 
 Sir John Ernie knt. Chancellor of the Exchequer, 
 
 Sir William Temple bart. 
 
 Henry Powle, Esqr. 
 
820 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 Additions noted in register : — 
 
 Lord Roberts and Lord Holies 27 June 1679. 
 
 ]\Ir. Hyde 26 Nov. 1679. 
 
 Sir Leoline Jenkins 14 Feb. 1680. 
 
 On 7 May 1679 the affairs of Jersey and Guernsey were 
 also entrusted to this Committee.] [p. l,] 
 
 [1262.] WhitehaU, 25 April : 
 
 in'the^" [^° encourage persons in holy orders to serve his Majesty 
 
 Plantations, in their function either at sea or in the plantations, it is 
 ordered] That all such Persons in holy Orders, that now are 
 abroad, or hereafter shaU goe to sea, or to any of his Majestyes 
 Plantations, or with Ambassadors and publique Ministers 
 beyond sea, shall (during such their absence in the sayd 
 Implojrments) have and enjoy the full profits of their fel- 
 lowships, or Benefices, And at their retume home reenter 
 upon them againe. Whereof all persons concerned are to 
 take notice, and governe themselves accordingly. 
 
 [p. 13. If 2.] 
 [1263.] Whitehall, 4 May : 
 Jamaica. [Philip Bennet and Peter Langworth, ministers, who are 
 
 appointed to go to Jamaica, are allowed twenty pounds each 
 to defray the charges of their transportation thither, of his 
 Majesty's free gift and bounty, and two pounds in addition 
 to make the sum clear of any fees payable upon it.] 
 
 [p. 19. ^ 2.] 
 
 [1264.] Whitehall, 12 May : 
 Virginia. [It is referred to the Admiralty to treat with Lord Culpeper 
 
 and the Commissioners of the Navy and to report what they 
 find most convenient with regard to the hiring of a ship] for 
 transporting the Lord Culpeper's Company into Virginia and 
 other services there. IV- 29. 1| 2.] 
 
 [1265.] WhitehaU, 16 May : 
 Virginia. Whereas It was this day represented . . . that a 
 
 Ship is lately come from Virginia, The master whereof is able 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 821 
 
 to give some Information concerning the State of that Colony, 
 [he is ordered to attend the Committee on the 20th instant 
 at 4 in the afternoon]. [p. 36. ^ 2.] 
 
 [C.S.P. V. 991.] 
 [1266.] Whitehall, 16 May : 
 
 His Majestic being this day present in CounciU, and reflecting Newfound- 
 upon the Injury so often don to his honor, and the losses ^'^ ' 
 which his good subjects have so frequently susteined by the 
 liberty, which the masters of the Fish Ships trading to New- 
 foundland have taken, either of departing before their Convoys, 
 or leaving them during the voyage to Come earher than the 
 rest at their market. And his Majestic for the better security 
 of his Subjects trading to that place having now in an Extra- 
 ordinary manner Ordered that the Convoy this year for such 
 fishing ships, shall consist of Four Frigats according to the 
 desire of the principal! Owners, and their Proposal! of 
 adhearing strictly to the Rules and Orders that should be 
 given in this behalfe. His Majestie hath thought fit to declare 
 that if any merchant Ship shall saile from Newfoundland to 
 Portugall, South Spain or the streights before the dayes 
 appointed for the departure of the Convoys, or shall leave the 
 Convoys during the voyage with design to be first at the 
 market. The Owners, Freighters, Comanders, and seamen 
 of such Shipps, shalbe deemed Contemners of his Majesties 
 authority, and of his RoyaU Care for their preservation. And 
 therfore. It is hereby signified that no seamen taken on such 
 Shipps by the Turks shall at any time be released by virtue 
 of any pubhque Treaty or Contribution, And that if any such 
 ship shall happen into the company of any other of his Majesties 
 Frigats, the said Frigats shall not be charged with the care 
 of them. And for the better Regulation of this Trade, and 
 suppljdng of the markets abrode. His Majestie at the humble 
 request of the principall owners, is pleased to Order, That 
 the first Fleet of the said Newfoundland Shipps shah, depart 
 thence on the 10th of August next under the safeguard of two 
 of the said Convoyes, and the latter on the 20th of September 
 
822 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 following, with the other two Convoys, or assoon after the 
 respective daies as wind and weather will permit. And his 
 Majestie doth Comand that this Order be pubUshed in New- 
 foundland on the arrival! of the first Convoy, and so by each 
 of the Convoys at their respective arrivalls there, Also, That 
 notice of the same be dihgently dispersed throughout all the 
 Ports of Newfoundland, that none of the fishery may have 
 any pretence for their Neglect or Disobedience herein. And 
 lastly his Majesties pleasure is That the Commissioners of 
 the Admiralty do give this order in Charge unto the several! 
 Comanders of his Majesties Shipps who are appointed for 
 Convoyes as aforesaid. 
 
 [There foUows a direction to the Commissioners of the 
 Customs to have this Order pubHshed in all the ports from 
 which vessels sail to the Newfoundland fisheries.] 
 
 [f. 39. Ht 1-2.] 
 [1267.] Whitehall, 16 May : 
 
 Bermudas. [There is referred to the Committee a petition of the free- 
 holders, merchants, and inhabitants of the Bermudas] Com- 
 plaining of the Injury They sustain by the Company at 
 London Trading thither. [p. 39. ]f 3.] 
 
 [C.S.P. V. 990.] 
 [1268.] Whitehall, 21 May : 
 
 Virginia. [The Commissioners of the Admiralty having made no 
 
 report on Thomas Gardner's petition referred to them on 
 10 December, 1677, the present Commissioners are directed 
 to examine the petition and report thereon.] [y>. 42. ^ 3.] 
 
 [1269.] Ibid. 
 Virginia. jjis Majestie being graciously pleased to grant a Convoy 
 
 unto the Fleet of Ships now bound to Virginia . . . 
 It is hereby ordered that the merchants and masters of ships 
 concerned in that Voyage do attend his Majestie at a 
 meeting of the Commissioners of the Admiralty in the Robes 
 Chamber tomorrow being thursday, at four of the clock 
 in the afternoon, for adjusting and setling the time of their 
 Departure. [p- 42. ^f 5.] 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 823 
 
 [1270.J Whitehall, 21 May : 
 
 There was this day presented irnto his Majestie in Council! Virginia. 
 a Report from [the Committee] setting forth That . 
 Mr. Secretary Coventry had dehvered unto the said Committee 
 the Petition of Bartholomew Price, guardian to John 
 Jefferies son to Colonel Herbert Jefferies late Governor of 
 Virginia, touching the iU usage Mrs. Jefferies widow to the 
 said Colonel Jefferies had received there, by being kept under 
 an arrest upon pretence of Debt, As also two letters from 
 Mrs. Jefferies, the one to Mr. Secretary Coventry, the other 
 to her brother, wherin she complaines of the misserable Con- 
 dition she was in, by the claim laid against her by Colonel 
 Spencer accomptant to the Lord Culpeper for aU perquisits 
 received since Colonel Jefferies came into the Country, Upon 
 which she hath been arrested and forced to give Baile, and 
 therfore desires that leave might be given her to Come into 
 England to lay her Case before his Majestie being wiUing to 
 give Security to pay whatever his Majestie shall adjudge to 
 be the Lord Culpepers due. And their Lordships further 
 representing that the same being imparted to the Lord 
 Culpeper, His Lordship assured them, that Colonel Spencer 
 had received no other Power or direction from him, then to 
 act in his behalf pursueant to his Majesties letter to Colonel 
 Jefferies of the 27th of december 1677, whereby the Receipt 
 of Perquisits and Salary respectively due unto them, is setled 
 and adjusted, and that his Lordship had declared himself so 
 fully assured, that Colonel Spencer had proceeded herein 
 according to the expresse sense of his Majesties letter, That 
 he offered to give the security of five himdred pounds to 
 make good aU that shall appear to have been don by Colonel 
 Spencer therimto in claiming or demanding any other per- 
 quisits then such as were due unto him. Provided Mrs. 
 Jefferies do give Security to pay all perquisits received by her 
 husband for which he is not warranted by his Majesties said 
 letter. Wherupon his Majestie taking into Consideration the 
 good services perform'd by the said Colonel Jefferies during 
 
824 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 his Government in Virginia, as also the desolate condition 
 of his widow, Has thought fit to order, . . That . 
 Mr. Secretary Coventry do signifie his Majesties pleasure unto 
 Sir Henry Chicheley Lieutenant Governor of Virginia, .that 
 he do particularly inf orme himself of the Differences depending 
 between the Lord Culpeper or his agents, and the said Mrs. 
 Jefferies, and transmit a speedy accompt therof unto his 
 Majestie as also to take care that the said Mrs. Jefiferies be 
 permitted to Come into England for setling of her deceased 
 husbands debts and accompts in this place. And it is further 
 ordered, That Mr. Secretary Coventry be attended by the 
 Lord Culpeper, and by the said Bartholemow Price, Mr. 
 Alderman Jefferies, and such others, who may be wiUing to 
 conceme themselves in behalf of Mrs. Jefferies, and that Mr. 
 Secretary do take sufficient security as well on the part of the 
 Lord Culpeper, as of the said Mrs. Jefferies, That all things 
 shalbe duely performed and executed pursueant to his 
 Majesties said letter of the 27 of December 1677, upon the 
 arrival of the said Mrs. Jefferies here in England. 
 
 [p. 50. ^ 2.] 
 [C.S.P. V. 998.] 
 [1271.] Whitehall, 21 May: 
 
 Nova Scotia. A memoriall from the Dutch Ambassador about their 
 Rights in Nova Scotia or Acadie was read, and referred to 
 [the Committee]. [p. 51. If 1.] 
 
 [1272.] Whitehall, 23 May : 
 
 New Wheras Sir John Shorter, Sir William Warren, and Gregory 
 
 England, p^gg, have by their Petition this day read at the Boord set 
 forth, that at a pubhque sale in the high Court of Admiralty 
 they bought the ship Post horse burthen about Four hundred 
 Tunns, and have fitted her for a voyage to New England to 
 bring hither larg and long masts for the use of his Majesties 
 Ships now building according to their Contract with the 
 officers of the Navy; And praying that the said ship may 
 be made a free ship to Trade, or that some other Course may 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 825 
 
 be taken that she may not incurr the penalty of the Acts of 
 Navigation for trading into his Majesties Plantations, His 
 Majestie in Councill was pleased to declare, that he thought 
 it not convenient to make any more forrain built Shipps to 
 be free, but because It is for his service, and the pubhque 
 benefit that the said ship should proceed without any 
 impediment or Molestation in her intended voyage, [a pass is 
 ordered to be granted freeing the ship from any obstruction 
 or impediment]. [p. 54. ^ 1.] 
 
 [1273.] Whitehall, 28 May : 
 
 [The Council approve, and give orders in accordance with CaroUna. 
 the following report of the Committee] : — Wee have in pur- 
 sueance of your Majesties order signified unto us by . 
 Mr. Secretary Coventry, taken into Consideration the Petition 
 of Rene Petit and Jacob Guerard Gentlemen of Normandy, 
 praying your Majestie to lend two of your small ships for the 
 transportation of about fourscore Forrein Protestant FamiUes, 
 being skilled in the Manufactures of silks, Oyles, Wines &c., 
 who are wiUing to go and settle in Carolina, Provided your 
 Majesties consent may be likewise obteined. That the summe 
 of Two thousand Pounds sterhng, which is to be advanced 
 towards the Charges of this Undertakiug may be reimbursed 
 to the adventurers, upon the first moneys accrewing to your 
 Majesties Customes, by bringing into England the Comodities 
 of that same Plantation. And Wee have likewise Examined 
 the Report, returned imto Us by the Commissioners of the 
 Customes, upon Our desires to be better informed how far 
 this undertaking might influence Your Majesties Customes. 
 And upon the whole matter. Wee are most humbly of Opinion, 
 that it carmot be, but of very great advantage, and impor- 
 tance to the Trade of this Nation, and increase of your 
 Revenue that forrein Protestants be incouraged to betake 
 themselves imder your Majesties Dominion, and particularly, 
 that these Famihes mentioned by the Petitioners be enabled 
 to transport themselves into the Province of Carohna, where 
 they may carry on, and improve the manufactures of forrein 
 
826 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679, 
 
 Countries. And therfore Wee humbly advise your Majestie 
 to give Order for the preparing and fitting out Two such 
 small Frigats* (nither of which may draw above twelve foot 
 water) as may be fit to transport the said Families, assoon 
 as the undertakers shall give in a List of their names with 
 sufficient Assurance, that they will Come and Imbarque 
 themselves on Boord therof for this voyage. Provided, 
 they do likewise take in Victualls, and Provisions for them- 
 selves, without putting your Majestie to further charge then 
 to maintain the ships Company, and such as shall be under 
 your Majesties pay And provided also, That the said Families 
 be such as shall come from beyond the seas, or are arrived 
 here on purpose for this designe, and be many of them 
 skilfuU and be practiced in the manufacture of Wines, silks, 
 and oyles. 
 
 And that your Majestie may be no wayes defrauded of your 
 Customes upon pretence of reimbursing the money Expended 
 by them, and for preventing any abuse that may happen 
 by Carrying Tobacco to Carolina from the Bordering Plan- 
 tations of Virginia, We do further offer, that the said families, 
 may be aU obhged to settle and Plant more southerly then 
 the 34th degree of Northern Latitude, and that the reimburse- 
 ment desired by them may be made out of the Customes 
 arising from the Comodities brought out of such Plantations 
 in Carohna as lye within that Latitude, to comence from 
 the tyme the said families shall arrive upon a Certificate of 
 such arrivaU from the Collector and Surveyor of the Customes 
 or in his absence from the Governor, and Councill there. 
 
 Councill Chamber, 22 May, 1679. Shaftesbury pr., Anglesey 
 c.p.s., Bridgwater, Sunderland, H. Coventry. [p. 61. ^ 1.] 
 
 [C.S.P. V. 1006.] 
 
 [1274.] WhitehaU, 28 May : 
 
 Jamaica. [The CouncU approve, and direct the preparation of orders 
 
 and instructions in accordance with the following report of 
 
 * [There is a stroke through the word Frigats.] 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 827 
 
 the Committee] : — Wee have in Obedience to your Majestys 
 Commands entred into the Consideration of the present state 
 of your Majestys Island of Jamaica in order to propose such 
 means as may put an End to the great Discouragements your 
 Majestys good Subjects there lye under by the unsetled 
 Condition thereof, occasioned by the Refusal of the Laws 
 lately offered by the Earl of Carhsle to the Assembly for their 
 Consent. All which Proceedings and Dissatisfactions appear 
 to have arisen in the manner following By the Commission 
 granted by Your Majesty unto the Lord Vaughan and several 
 preceding Governors It wa^s Your Royal Pleasure to entrust 
 the Assembly of Jamaica with a Power to frame and enact 
 Laws by the Advice and Consent of the Governor and Council, 
 Which Laws were to continue in force for the Space of two 
 Years and no longer. But so it hath hapened that your 
 Majesty finding the Inconveniencies which did attend that 
 Power and manner of making Laws by the irregular violent 
 and unwarrantable Proceedings of the Assembly, was pleased 
 with the Advice of your Privy Council, to provide by the 
 Earl of Carhsle's Commission that no Laws should be Enacted 
 in Jamaica but such as being framed by the Governor and 
 Council and transmitted unto your Majesty for your Royal 
 Approbation were afterwards remitted to Jamaica and con- 
 sented unto by the Assembly there. And in Pursuance hereof, 
 the Earl of Carhsle carried over a Body of. Laws under the 
 Great Seal of England; Which Laws upon his Lordships 
 Arrival there, have been rejected by the General Assembly 
 upon Grounds and reasons contained in an Address to your 
 Majesty's Governor, and in divers Letters received from his 
 Lordship in that behalf. 
 
 1. In the first Place we find they are unsatisfyed with 
 a Clause in the Mihtia BiU, whereby it is provided that 
 the Governor may, upon ah Occasions or Emergencies, 
 act as Governor in Chief according to and m Pursuance 
 of aU the Powers and Authorities given unto him by 
 your Majesty's Commission, fearing that thereby they 
 
828 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 shall make it legal to execute aU Instructions that either 
 are or shall be sent to your Majestys Governor. 
 
 2ly : They have likewise rejected the Bill for raising a 
 PubUck Revenue as being perpetual and lyable (as they 
 say) to be diverted. 
 
 Sly : It is objected that the said Laws contain divers 
 fundamental Errors. 
 
 41y : That they were not compared with and amended 
 by the last Laws sent over by the Lord Vaughan. 
 
 5ly : That the Distance of the Place renders the present 
 Method of passing Laws whoUy impracticable. 
 
 6ly : That the nature of all Colonies is changeable, 
 and consequently the Laws must be adapted to the 
 Interest of the Place and must alter with it. 
 
 71y : That hereby they lose the Satisfaction of a Dehbera- 
 tive Power in making Laws. 
 
 8ly : That the Form of Government renders your 
 Governor absolute. 
 
 91y : That by the former Method of enacting Laws your 
 Majesty's Prerogative was better secured. 
 These being the Objections and Pretences upon which 
 the Assembly has, with so much animosity, proceeded to 
 reject those Bills transmitted by your Majesty, Wee caimot 
 but offer for your Majestys information and Satisfaction, 
 such a short Answer thereunto as may not only give a 
 Testimony of the unreasonableness of their Proceedings, but 
 also furnish your Governor, when occasion shall serve 
 with such Arguments as may be fit to be used in Justification 
 of your Majestys Commission and Powers granted imto 
 him. 
 
 1. It is not without the greatest Presumption that 
 they go about to question your Majestys Power over 
 the MiUtia in that Island, since it has been allowed and 
 declared, even by the Laws of this your Kingdom, that 
 the sole supreme Government, Command and Disposition 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 829 
 
 of the Militia, and of aU Forces by Sea and Land, and 
 of all Forts and Places of Strength, is residing in your 
 Majesty -within aU your Majesty's Realms and Dominions. 
 
 2. The Objection made against the BiU for the Pubhck 
 Revenue hath as Mttle Ground, since it being perpetual 
 is no more than what was formerly offered by them unto 
 your Majesty during the Government of Sir Thomas 
 Lynch, in the same Measure and Proportion as is now 
 proposed : nor can it be diverted, since Provision is 
 thereby expressly made that the same shall be for the 
 better Support of that Government. Besides that it is 
 not suitable to the Duty and Modesty of Subjects to 
 suspect Your Majestys Justice or Care for the Govern- 
 ment of that Colony whose Settlement and Preservation 
 has been most particularly carried on by your Majesty's 
 tender regard and by the great Expence of your own 
 Treasure. 
 
 3. It caimot, with any Truth be said that these Laws 
 contain many and great Errors, nothing having been 
 done therein but in pursuance of former Laws at divers 
 times Enacted by the Assembly and with the Advice of 
 your Majestys Privy Council as well as the Opinion 
 and Approbation of Your Attorney General upon Perusal 
 of the same. 
 
 4. To the fourth Objection it may be answered that 
 if anything had been found of moment or Importance in 
 the last Parcel of Laws transmitted by the Lord Vaughan, 
 your Majestys tender Care of your Subjects Welfare 
 would have been such as not to have sent those Bills 
 imperfect or defective in any necessary matter. 
 
 5. As to the Distance of the place which renders as 
 they say, the present Method of making Laws altogether 
 impracticable. Your Majesty having been pleased to 
 regulate the same by Advice of your Privy. Council, 
 according to the usage of Ireland, such Care was then taken 
 so that no Law might be wanting which might Conduce 
 
830 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 to the Welbeing of the Plantation, and that nothing 
 might be omitted which in all former Governments had 
 been thought necessary. Nor is it Kkely that this Colony 
 is subject to greater Accidents than your Kingdom of 
 Ireland so as to require a more frequent and sudden 
 Change of Laws in other Cases than such as are already 
 provided for upon Emergencies or in other manner than 
 is directed by your Majestys Commission, Whereby the 
 Inhabitants have free Access to make Complaints to 
 your Governor and CovmcU of any Defect in any old 
 Law, or to give reasons for any new one which being 
 modelled by the Governor and Council into form of Law 
 and transmitted unto your Majesty if by your Majesty 
 and Council found reasonable, may be transmitted back 
 thither to be enacted accordingly. 
 
 6. It was sufficiently apparent unto your Majesty 
 that Laws must alter with the Interest of the Place, 
 when you were graciously pleased to Lodge such a Power 
 in that Government as might not only from time to time 
 with your Majestys Approbation and by Advice both 
 of your Privy Council here and of the Governor and 
 Council there enable the Assembly to Enact new Laws 
 answerable to their growing Necessities, but even upon 
 urgent occasions to provide by raising mony for the 
 Security of the Island, without attending your Majestys 
 Orders or Consent. 
 
 7. It is not to be doubted but the Assembly have 
 endeavoured to grasp all Power as well as that of a DeMbera- 
 tive Voice in making Laws ; but how far they have thereby 
 intrenched upon your Majestys Prerogative and exceeded 
 the Bounds of their Duty and Loyalty upon this Pretence, 
 may appear by their late exorbitant and unwarrantable 
 Proceedings during the Government of the Lord 
 Vaughan, in ordering and signing a Warrant unto the 
 Marshal of the Island your Majestys Officer of Justice, 
 for the stopping and preventing the Execution of a 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 831 
 
 Sentence passed according to the ordinary Forms of Law, 
 upon a notorious Pyrate and Disturber of your Majestys 
 Peace. And they have farther taken upon them, by 
 vertue of this Dehberative Power, to make Laws contrary 
 to those of England, and to imprison your Majestys 
 subjects. Nor have they forborn to raise mony by Pubhck 
 Acts, and to dispose of the same according to their Will 
 and Pleasure, without any mention made of your Majesty 
 which has never in like case been practised in any of your 
 Majestys Kingdoms How far therefore it is fit to entrust 
 them with a Power which they have thus abused and to 
 which they have no Pretension of Right, was the Subject 
 of your Majestys Royal Consideration when you were 
 pleased to put a Restraint upon these Enormities, and 
 to take the Reins of Government into your own hands, 
 which they in express words against their Duty and 
 Allegiance, have challenged and refused to part withe. 
 
 8. It cannot with any truth be supposed that by the 
 present Form of Government, the Governor is rendered 
 Absolute since he is now more than ever become account- 
 able unto your Majesty of all his most important 
 Deliberations and Actions, and is not warranted to do 
 anything but according to Law and your Majestys 
 Commission and Instructions given by Advice of your 
 Privy Council. 
 
 9. And whether your Majestys Prerogative is pre- 
 judiced by the present Constitution is more the Con- 
 cernment of Your Majesty and subject of your own Care, 
 than of their Consideration. 
 
 Lastly and in the General, We humbly Conceive that it 
 would be a great Satisfaction to your Subjects there inhabiting 
 and an Invitation to Strangers when they shall know what 
 Laws they are to be governed by, and a great Ease to the 
 Planters not to be continuaUy obHged to attend the AssembHes 
 to re-enact old Laws which his Majesty has now thought fit, 
 in a proper form to ascertain and estabhsh : Whereas the 
 
832 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 late Power of making Temporary Laws could be understood 
 to be of no longer continuance than until such wholsome 
 Laws, founded upon so many Years Experience should be 
 agreed on by the People and finally Enacted by your Majesty 
 in such manner as hath been practised in other of your 
 Majestys Dominions, to which your EngUsh Subjects have 
 transplanted themselves. For as they cannot pretend to 
 farther Priviledges than have been granted to them either 
 by Charter or some solemn Act under your Great Seal ; so 
 having, from the first beginning of that Plantation been 
 governed by such Instructions as were given by your Majesty 
 unto your Governor, according to the Power your Majesty 
 had originally over them, and which you have by no one 
 Authentic Act ever yet parted with ; and having never had 
 any other right to Assembhes than from the Permission of 
 the Governors and that only Temporary and for Probation 
 It is to be wondered how they should presume to provoke Your 
 Majesty by pretending a right to that which hath been 
 allowed them meerly out of favour, and discourage Your 
 Majesty from future Favors of that kind ; when what your 
 Majesty ordered for a Temporary Experiment, to see what 
 Form would best sute with the Safety and Interest of 
 the Island shall be construed to be a total Resignation of the 
 Power inherent in your Majesty and a Devolution of it to 
 themselves and their WiUs without which neither Law nor 
 Government, the essential Incidents of their Subsistance and 
 welbeing, may take place among them. 
 
 Since therefore it is evident that the Assembly of Jamaica, 
 have, without any just Groxmds and with so much Animosity 
 and Undutifulness, proceeded to reject the marks of your 
 Majestys Favour towards them and that your Majestys Reso- 
 lutions in this Case are hke to be the measure of Respect and 
 Obedience to your Royal Commands in other Colonies ; We 
 can only offer as a Cui-e for Irregularities past and a Remedy 
 against all farther Inconveniencies, That Your Majesty would 
 be pleased to Authorize and Impower Your Governor to call 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 833 
 
 another Assembly and to represent unto them the great 
 Convenience and Expediency of accepting and consenting 
 unto such Laws as your Majesty has, under Your Great Seal, 
 transmitted unto them. And that in case of Refusal, his 
 Lordship be furnisht with such Powers as were formerly given 
 unto ColoneU Doyley your first Governor of Jamaica, and 
 since unto other Governors, whereby his Lordship may be 
 enabled to govern according to the Laws of England, where 
 the different nature and Constitution of that Colony may 
 conveniently permit the same, and in other Cases to act with 
 the Advice of the Council in such manner as shall be held 
 necessary and proper for the good Government of that Plan- 
 tation, untiU your Majestys further Orders. And that by 
 aU Opportunities of Conveyance, the Governor do give your 
 Majesty a constant and particular Account of aU his Pro- 
 ceedings in pursuance of your Instructions herein, [pp. 63-69.] 
 
 [C.S.P. V. 1009.] 
 [1275.] WhitehaU, 28 May : 
 
 [The Council approve and give orders in accordance with, Jamaica, 
 the following report of the Committee] :— Upon Perusal of 
 several Letters received from the Earl of Carhsle your 
 Majestys Governor of Jamaica We humbly offer unto your 
 Majesty such Pointswherein his Lordship desires Your Majestys 
 Instructions together with our Advice for answering the same. 
 1. His Lordship by a Letter of the 20th of May 1678 
 informs Mr. Secretary Coventry that a VesseU was 
 arrived at Jamaica from Surinam bringing an Account 
 of the Indians having cutt off most of the EngUsh and 
 Dutch remaining there, and destroyed their Canes, Sugars 
 and Utensils, and that the Residue of the EngHsh would 
 have embarqued for that Island, had they not been 
 hindered by the Governor, being with the Dutch forced 
 into the Castle for their Defence. His Lordship there- 
 fore desiring your Majestys Order for the sending a Vessell 
 to bring oif from Surinam the remaining part of the 
 Enghsh desirous to be transported thither. 
 
 ^ 53 
 
834 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 To which Particular Wee humbly answer, that although 
 by the 5th Article of the last Treaty with Holland, your 
 Majesty was intitled to Depute one or more Persons thither 
 to see the Condition of your Subjects there and to adjust 
 with them a time for their departure ; as also to send one 
 two or three Ships at one time and thereon to imbarque and 
 carry away your Subjects, their Goods and Slaves : yet con- 
 ceiving the said Permission from the Dutch to be only Tem- 
 porary, and your Majestys Subjects having then had warning 
 and Opportunity to come away. We cannot think any of your 
 Majestys Governors may with Success or without rendring 
 their Vessels subject to Confiscation, send thither at this 
 time, to transport the EngKsh from Surinam, at least until 
 such time as the States General shall in like manner as 
 formerly upon your Majesty's desire grant sufficient and 
 Authentick Laws to the Governor of that Colony to suffer the 
 said EngHsh to depart and permit the coming of such Ships 
 as your Majesty shall send for their Transportation. Nor 
 on the other hand do we see any other reason than for 
 present Defence against the Indians, why the Dutch Governor 
 should forbid the EngKsh to transport themselves any where 
 else it being expressly provided by the 5th Article of the 
 Surrender, made between ColoneU Byam Your Majesty's 
 Governor of Surinam and Abraham Crinsens who took the 
 same, that in case any Inhabitants of that Colony shoiild 
 then or hereafter intend to depart thence, they should have 
 Power to sell their estates ; and the Governor, in that case, 
 should procure their Transportation, at a moderate Freight, 
 together with their Estates. 
 
 2. The Earl of Carlisle sets forth that he had several 
 complaints from the Inhabitants of Trist in the Bay of 
 Canpeche of the great Disorders they were under, from 
 the want of some Method of Government for the better 
 setling the Logwood trade which is cut there ; ■ his Lordship 
 therefore desiring that Affair might be adjusted with the 
 Spaniard who must otherwise of necessity expose their 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 835 
 
 Gold and Silver to a number of English, who are abroad 
 and have nothing else to live on ; and withal praying 
 your Majestys Directions and Commands touching the 
 Settlement of a Governor at Trist, having already taken 
 care to inform himseK of a fit Person among the Inhabi- 
 tants to undertake that Charge. 
 
 Whereupon We humbly offer that although for many Years 
 and long before the late Treaty with Spain for composing of 
 Differences in America, this Place has been frequented by your 
 Majesty's Subjects for cutting and selling of logwood, yet 
 it doth not appear unto us that ever any Government was 
 constituted there, or any such Settlement regularly made 
 as might amount to a lawful and quiet Possession. So that 
 considering Trist is an Island surrounded by the Spanish 
 Plantations upon the Main and always accounted by them 
 under the District of their Dominions, although at present 
 not actually possessed by them, Wee are of Opinion that no 
 Habitation or Government can be allowed or maintained 
 there by your Majesty without Violation of that Treaty 
 which provides that your Majestys Subjects shall not sail 
 unto or Trade in the Havens and Places which the CathoHck 
 King holdeth in the West Indies. And as for the Trade of 
 Logwood for the Sake whereof this Settlement can only be 
 useful, we humbly advise that the Earl of CarHsle may 
 regulate himself according to your Majestys Order in Council 
 of the 19th of March last, directing him to discourage as much 
 as in him lyes, the cutting of Logwood in the Bay of Campeche 
 or any other Parts of the King of Spain's Dominions. 
 
 3. His Lordship further intimates that the French 
 in Hispaniola are very desirous to trade with Jamaica 
 and to bring thither Cocoa and moneys for the manu- 
 factures of England, without which Trade privately or 
 pubMckly carried on it would be hard managing a Trade 
 in that Island : for that aU Ships from Ireland and other 
 Parts laden with Provisions carry off the same ready 
 
836 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679 
 
 mony which is so scarce there that unless a Private 
 Trade with them and the Spaniard give reUef, the want 
 of it will be very great. 
 
 To this Point we are humbly of Opinion that his Lordship 
 be put in mind of the Laws setled by Parhament for the 
 Encouragement and Increase of Shipping and Navigation 
 whereby all Trade with Strangers from and to your Majestys 
 Plantations is restrained and forbidden, his Lordship having 
 taken an Oath for the due Execution of the said Acts, besides 
 that a PubUck Allowance from your Majesty of a Trade, 
 either with the Spaniards or French, would afford matter of 
 Offence to those Kings who are so strict in prohibiting any 
 Trafick with Strangers. 
 
 4. We have likewise taken notice of his Lordships 
 Intimation of a considerable Planter who hath trans- 
 ported himself from the Leeward Islands to Jamaica, 
 making Complaint of the great Difficulty he foimd to 
 gett off his Family from thence, by reason of an Act 
 made there against the Transportation of Familys ; His 
 Lordship supposing that it was Your Majestys desire 
 that the Inhabitants of St. Christophers should be 
 encouraged to remove to Jamaica for Your Majesty's 
 Service and their Security. 
 
 ! In Answer whereunto we humbly presume that whatever 
 Instructions Your Governors in those Parts have formerly 
 had in relation to the French Fleet, which then seemed to 
 threaten your Leeward Islands, Your Majesty cannot but 
 esteem them a considerable Parcel of your Plantations ; 
 and that besides the Trade which daily increases there and 
 affords so much advantage to your Majestys Customs and 
 Navigation of this Kingdom, they are of absolute necessity 
 for opposing the French and hindering their Progress and 
 Designs against your other Colonys. 
 
 5. His Lordship observing the Scarcity and great use 
 of White men and particularly of Tradesmen in Jamaica, 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 837 
 
 and that such may advance themselves and improve the 
 Island, desires your Majesty may be moved therein upon 
 Disbanding the Army. 
 
 Upon which Instance Wee are humbly of Opinion, that it 
 is not convenient for your Majesty to be at further Charge 
 or Trouble herein, than that if any Person or Tradesman 
 shall desire to repair unto Jamaica Your Majesty may permit 
 them to go thither upon such Terms and Incouragements as 
 are usual in Hke Cases. 
 
 6. Lastly Wee find, by an Account from his Lordship, 
 
 that the Harbour of Port Royal is very much strengthened 
 
 by two New Batteries, the one called the Rupert, the 
 
 other the Carlisle, begun and finished by the great Care 
 
 and Dihgence of Sir Henry Morgan, with which service 
 
 we would not fail to acquaint your Majesty, And upon the 
 
 whole matter we humbly offer our Opinion that his 
 
 Lordship may receive speedy Signification of your Majestys 
 
 Commands upon the Particulars abovementioned, that 
 
 he may govern himself accordingly. 
 
 [Signed by Shaftesbiu-y, Pr., Anglesey C.P.S., Sunderland, 
 
 Henry Coventry, H. Powle, and Tho. Dolman. The report 
 
 was approved, and his Majesty's pleasure in accordance 
 
 therwith ordered to be signified to the Earl of Carhsle.J 
 
 [pp. 70-74.] 
 [C.S.P. V. 1008.] 
 [1276.] WhitehaU, 30 May : 
 
 The Petition of Sir Francis Moreton, Major John Netheway, West Indies. 
 &c., (touching a peace in the West Indies) [is referred to the 
 Committee]. \P- '7- ^ ^-^ 
 
 [1277.] Whitehall, 6 June : 
 
 [The Committee are directed to] consider how farr the pre- Colonial 
 sent aUowances for maintenance of the Government in his ^°™^^" 
 Majesties Colonyes of America may be reduced with con- 
 venience to his -Majesties Service. [P- 90- H l-l 
 
 [C.S.P. V. 1016.] 
 
838 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 [1278.] Whitehall, 9 June : 
 
 Seth Sothell. Whereas Seth Southall one of his Majestys Subjects designed 
 by the Proprietors of his Majesty's Colony of CaroUna to goe 
 their Governour there was in his way thither taken by the 
 Pirates of Argier where he yet remaines in Slavery, It was 
 this Day Ordered by his Majestie in Coimcell That the said 
 Seth SouthaU should be endeavoured to be exchanged for 
 one Hadgamore late Commander of the Tiger of Argier or one 
 BufEUo Ball And It was further Ordered that Sir John 
 Narborough AdmiraU of his Majestys Fleet lately in the 
 Streights doe take care to see the said Exchange Effected. 
 
 [p. 100. If 1.] 
 [1279.] Whitehall, 11 June: 
 
 [On the report of the Committee, 200L is ordered to be paid 
 to Captain Thomas Grantham as an encouragement and 
 reward for his very considerable services in the suppressing 
 the late rebellion in Virginia.] [p. 109. f 1.] 
 
 Virginia. 
 
 Barbados. 
 
 Leeward 
 Islands. 
 
 [1280.] Ibid. 
 
 [The petition of Captain James Barret (late of Sir T. 
 Bridge's regiment) for 216L arrears due to him, is referred to 
 the Commissioners of the Treasury, his Majesty having a 
 gracious remembrance of the services and sufferings of the 
 petitioner.] [p. no. ^ 2.] 
 
 [1281.] WhitehaU, 13 June : 
 
 [The Committee report] : — Wee have been attended by 
 Mr. Joseph Crisp Agent imployed by the Inhabitants of your 
 Majestys Leeward Islands to Sohcite the ratification here in 
 Europe of a Treaty of Newtrahty lately concluded between 
 Colonell Stapleton . . and the Governour Generall of the French 
 King those parts. And by the Petition of the said Agent 
 wee are given to understand That having as is required by 
 the said Treaty demanded a confirmation thereof at the Court 
 of France, the Ministers of his most Christian Majestie had 
 made answer That the said Treaty was not equaU, in as much 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 839 
 
 as all the Islands, belonging unto them were comprised therein, 
 but not all the Islands belonging to your Majestie, and had 
 thereupon refused to ratifye the same, unless your Majestys 
 Islands of Barbados and Jamaica were brought under the hke 
 obhgation as your Leeward Islands. Wee have hkewise 
 entred into a Serious consideration of the State of those your 
 Majestys Dominions and having weighed the small propor- 
 tion of Strength which they hold with the French, who by 
 reason of a yearly Supply of Ships of Warr and standing forces 
 are in a capacity of giving great annoyance to the Enghsh, 
 unlesse your Majestie doe maintaine the same power in those 
 parts. 
 
 Wee are humbly of opinion that your Majestie do give 
 Order that a Treaty of Neutrahty be negotiated with his 
 Most Christian Majestie pursuant to the Treaty concluded 
 by Colonell Stapleton and Monsieur de Blanac with an addition 
 of Jamaica and Barbados to your Leeward Islands, wherein 
 Provision may be made that your Majestys Subjects bee 
 restored to what is rightfully belonging unto them by vertue 
 of the Treaty of Breda. 
 
 And whereas your Majestie has been pleased that wee should 
 consider whether any diminution of the Expence your Majestie 
 is at for maintaining your Plantations in America may be 
 convenient for your Royall Service at this time, wee cannot 
 advice your Majestie to retrench any part of the charge 
 which has hitherto been found necessary for the Support 
 of your Majestys Leeward Islands Since the same are chiefely 
 exposed to the dangers of Warr and of very great advantage 
 to your Majestie and your Kingdomes. 
 
 [The report is approved, and Mr. Secretary Coventry directed 
 to make apphcation to the French Ambassador for the nego- 
 tiation of the proposed treaty, the negotiations being entrusted 
 to the Lord President, the Lord Privy Seal, the Lord Chamber- 
 lain, and the two principal Secretaries of State.] 
 
 [p. 115. H 3.] 
 
840 ACTS OF THE PRIVY COaNCIL (COLONIAL). [1679. 
 
 [On 10 July the Earl of Bridgwater is added to the Com- 
 missioners for treating.] [p. 172. 1| 1.] 
 
 Barbados. 
 
 Newfound- 
 land. 
 
 Massa- 
 chusetts. 
 
 [1282.] Whitehall, 16 June : 
 
 [The Commissioners of the Treasury having presented the 
 petition of Colonel Strode and his partners, farmers of his 
 Majesty's revenue of 4J% at Barbados, showing that several 
 Acts have lately been passed in the island very prejudicial 
 to his Majesty's revenue, it is referred to the Committee.] 
 
 [p. 120. ^ 1.] 
 
 [1283.] Whitehall, 18 June : 
 
 [In a section giving several estimates for furnishing His 
 Majesty's ships on various services, occur the names of the 
 Newfoundland convoy — Maryrose, Anthelope, Reserve, and 
 Dover. (For these, with the Guernezey and Swanne for Ice- 
 land the charges for ship carriage, gunpowder, shot, match, 
 arms, and other gunners' stores, amounted to 5513Z. 13s. M.)] 
 
 [p. 125. t 1.] 
 
 [1284.] Whitehall, 20 June : 
 
 [The Council approve the following report of the Committee 
 and direct the sending of the letter embodied therein] : — 
 Wee having taken the busines of New England as it con- 
 cemes the Colony of the Massachusets into Our consideration, 
 and finding the present conjuncture is not very favourable 
 for settling and Estabhshing what concerns your Majestys 
 Service there in such method as were to be wish't, and 
 towards which worke we have prepared and are preparing 
 many Materialls now under the care of Sir Robert Southwell ; 
 and finding the Agents, after a long attendance here, very 
 impatient to returne home. Wee presume to offer your 
 Majestic for your approbation, such a Draught of a Letter 
 to be writ unto that Colony, as may keep things in a fair and 
 probable way of amendment, untiU a fitter Season shall 
 present more effectually to reassume the care of this whole 
 matter. And the said Letter is as followeth : 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 841 
 
 . . . These Our letters are to accompany Our trusty 
 and welbeloved William Stoughton and Peter Bulkeley Esqrs. 
 your Agents who, having manifested to Us great necessity 
 in their Domestique Concernes to returne back into New 
 England, Wee have graciously consented thereunto, and the 
 rather because, for many moneths past, Our Councill hath 
 been taken up in the Discovery and prosecution of a Popish 
 Plot, and yet there appeares httle prospect of any speedy 
 leasure for entring upon Regulations in your affaires as is 
 certainly necessary, not only in respect of Our Dignity, but 
 of yoiu: own perfect Settlement. But it is very probable that 
 if either your said Agents had brought Commission to inter- 
 meddle in such Regulation (which they have disowned) or 
 that you had sent such Commission after them, when from 
 time to time, intimations were given them of what wee did 
 expect and what wee were thereupon wiUing to Grant ; neither 
 their stay had been thus long, nor had the matter been now 
 undetermined. Wee must therefore attend a farther oppor- 
 tTinity for this Worke ; and, in Order thereunto, Our WiU 
 and pleasure is, That you choose out such other fit person or 
 persons Duly instructed by you, and send them over in Six 
 Moneths after the receipt of these Our Letters, that they 
 may here attend Us in the prosecution of the same. For 
 since the Charter, by its frame and constitution, was 
 originally to be executed in this Kingdome, and not in New 
 England otherwise then by Deputation (as is accordingly 
 practiced in all other Charters of hke nature) 'tis not 
 possible to Estabhsh that perfect Setlement wee so much 
 desire, untill these things are better understood. 
 
 In the mean time wee doubt not but the bearers hereof, 
 who have demeaned themselves, during their attendance 
 here, with good care and discretion, wiU from their own 
 observations, acquaint you with many important things, 
 which may be of such use and advertisement to you, that 
 wee might weU hope to be prevented by your appHcations 
 in what is expected or desired by us ; soe much it is your 
 
842 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 interest to have all past errors and mistakes forgotten, and 
 that your condition might be soe amended, as that neither 
 your settlement, or the minds of Our good Subjects there 
 should be lyable to be shaken and disquieted upon every 
 complaint. 
 
 Wee have heard, with satisfaction, of the great readines 
 wherewith Our good Subjects there have lately offered them- 
 selves to the takeing of the Oath of Allegiance, which is a 
 clear manifestation to us that the unanswerable defect, iu 
 that particular, was but the fault of a very few in power, 
 who, for so long a time, obstructed what the Charter and Our 
 expresse Commands obhged them unto, as wiU appear in Our 
 Gracious Letters of the 28th of June in the fourteenth Year 
 of Our Reigne. And Wee shall henceforth expect that there 
 will be a sutable Obedience in other particulars of the said 
 Letters, as Namely in respect of Preedome and Liberty of 
 Conscience, so as those who desire to serve God, in the way 
 of the Church of England, be not thereby made obnoxious 
 or discountenanced from their sharing in the Government ; 
 much less that either they or any other of Our good Subjects 
 (not being Papists) who do not agree in the Congregationall 
 way, be by Law Subjected to Pines or forfeitures or other 
 incapacities for the same. Which is a Severity to be the 
 more wondred at, when as Liberty of Conscience was made 
 one principall motive for your first Transplantation into those 
 parts. Nor doe Wee think it fit that any other distinction 
 be observed in the making of Preemen, than that they be 
 men of Competent Estates, ratable at ten shillings according 
 to the Rules of the Place ; and that such in their turns, be 
 also Capable of the Magistracy, and aU lawes made voyd that 
 obstruct the same. And because wee have not observed any 
 fruits or advantage by the Dispensation granted by us in 
 Our said Letters . . whereby the Number of Assistants, 
 setled by Our Charter to be eighteen, might be reduced unto 
 the Number of Ten, Our Will and pleasure is that the ancient 
 number of 18 be henceforth observed according to the letter 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 843 
 
 of the Charter. And Our further Will and Pleasure is, that 
 aU persons coming to any Privilege, trust, or office in that 
 Colony, be first enjoyned to take the Oath of Allegiance. 
 And that aU the Mihtary Commissions, as well as the pro- 
 ceedings of Justice may run in Our Royall Name. 
 
 Wee are informed that you have lately made some good 
 provision for observing the Acts of Trade and Navigation, 
 which is well pleasing unto Us ; And as Wee doubt not and 
 doe expect that you wiU abohsh all lawes that are repugnant 
 to, and inconsistent with the laws of Trade with Us ; Wee 
 have appointed Our Trusty and Welbeloved Subject Edward 
 Randolph Esqr. to be Our Collector, Surveyor, and Searcher, 
 not only for that Colony, but for all other Our Colonies in 
 New England, Constituting him by the Broad Scale of this 
 Our Kingdome to the said Imployments ; and therefore 
 recommending him to your help and assistance in all things 
 that may be requisite in the discharge of his Trust. 
 
 There is one thing which Wee cannot omit to lett you 
 know Wee are surpri/ed at, which is. That during the time 
 we had the Complaint of Mr. Gorges under Our Consideration, 
 you should presume, without asking Our RoyaU permission, 
 to purchase his Interest in the Province of Maine, the truth 
 whereof is but lately owned by your said Agents ; when 
 almost at the same time wee come to hear of some effects of 
 a severe hand, layd by you on Our Subjects there in con- 
 sequence thereof. And whereas your Agents declare you 
 have paid to Mr. Gorges the summ of Twelve hundred pounds 
 for the said Province, Wee doe expect that, upon Our 
 Reimbursment of what it shall appear you have paid for the 
 same, that there bee a Surrender of all Deeds and Writings 
 thereof made into your hands ; and that your future Agents 
 doe bring them over : forasmuch as Wee were some time in 
 Treaty for the said Province and doe disapprove what you 
 have done therein. 
 
 And as for that part of the Province of New hampshire lying 
 three miles northward of Merimack River which was granted 
 
844 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1679. 
 
 unto Mr. Mason, and whereof the Government remaines stiU 
 vested in Us, you are not to expect (according to the desire 
 of your Agents) that the same should be annexed to your 
 Government. For Wee have it under Our Consideration 
 how to Estabhsh such method there as may be of most 
 benefit and satisfaction to Our good Subjects of that place. 
 And therefore Our will and Pleasure is, that you doe recall 
 all Commissions granted by you for Governing within that 
 Province, Which wee doe hereby declare to be voyd, and 
 doe require that you doe, in all things for the future, conforme 
 yourselves unto the Regulation which Wee have taken in this 
 behahe. And see not doubting of your Duty and obedience 
 herein, Wee bid you farewell. 
 
 [Signed by Finch C, Shaftesbury Pr., Anglesey C.P.S., 
 Arlington, Bridgewater, Sunderland, Fauconberg, Halifax, 
 Cavendish, H. Coventry, J. Ernie, and H. Powle with Thomas 
 Dohnan.] [pp. 132-5.] 
 
 [C.S.P. V. 1028.] 
 
 [1285.] Whitehall, 20 Jime: 
 
 New [The Coimcil approve, and give orders in accordance with, 
 
 the following report of the Committee] : — Wee have received 
 the Petition of Mr. Edward Randolph setting forth the 
 attendance he hath continually given, by your Majesties 
 Order, upon your Service in the affaires of New England, 
 to the Neglect of his own private Concerns ; and therefore 
 praying your Majesty's Gracious favour and consideration 
 for the same. Whereupon we cannot but acquaint your 
 Majestie that the Petitioner has been very Serviceable unto 
 your Majestie both by the Informations wee have received 
 from him concerning your Majestie's Colonies of New Eng- 
 land whether he was sent with your RoyaU Letters in the 
 yeare 1675, and by his constant attendance on that busines. 
 Soe that taking notice that from the time of his ArrivaU out 
 of New England which was on the 10th of September 1676, 
 imtiU the 12th of Jime 1678, when he was appointed Collector 
 of your Majestie's Customes in those parts he has remained 
 
 England. 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 845 
 
 altogether unrewarded by your Majestie for his great paines 
 and attendance; Wee have humbly of opinion that his 
 sallary of One hundred pounds per annum, as CoUector of the 
 Customs doe Commence from the 10th of September 1676, 
 when he arrived here from Boston, whereby he may receive 
 the summ of One hundred seaventy five pounds as a Com- 
 pensation for his past service, and be the better enabled to 
 undergoe the Charge of transporting himselfe and family to 
 New England. [pp i3g_6.] 
 
 [C.S.P. V. 1029.] 
 [1286.] WhitehaU, 25 June : 
 
 [In consideration of his services in Virginia, Captain Virgmia. 
 Thomas Gardner is recommended to the Admiralty for 
 employment in the naval service on the first suitable 
 occasion.] [p. 144. ^ 1.] 
 
 [1287.] WhitehaU, 27 June : 
 
 [The Council approve, and give orders in accordance vnth, Plantation 
 the following report of the Committee] : — Wee have in 
 obedience to your Majesty's Order in CounceU of the 23rd 
 of ApriU last, perused a letter dated the 19th of February 
 1678, from the Lord Lieutenant and CounceU of Ireland, 
 to . . Mr. Secretary Coventry setting forth that divers had 
 been arrested and stayed in several parts of that Kingdoms, 
 by colour of Warrants from the Admiralty of England, upon 
 pretence that goods of the growth of your Majestie's Plantations 
 in America, had been some time past landed in Ireland, 
 contrary to the EngUsh Statutes made for regulating the 
 Plantation Trade ; And withaU representing the particular case 
 of Humphrey Jervis Alderman of Dublin, who had made 
 complaint unto them that a ship caUed the Dubhn, whereof 
 he is Major part owner, had been arrested once at Kingsale 
 in June last, and an other time in the Harbour of Dubhn 
 upon the hke pretences Wee have been alsoe attended by 
 Sir Richard Lloyd and Sir Thomas Exton Judges Surrogates 
 
846 ACTS OF THE PEIVY COUlSraL (COLONIAL). [1679. 
 
 of your Majesty's High Court of Admiralty and by tlie 
 Commissioners of your Customs who had by Our directions, 
 been possessed some time before of Copies of the aforesaid 
 papers, in Order to their coming prepared to give us their 
 opinions what might be fit to be done in these Cases, And by 
 them wee are informed, that it is not without good Cause that 
 so strict a hand is kept for hindring the irregular Trade of 
 the Merchants of Ireland to your Majesty's Plantations who 
 have of late ventured upon pretences of Shipwrack and other 
 fraudulent Devices, to elude the severaU Acts of Parliament 
 here which expressly provide, that this Kingdome be made 
 a staple to the Commodities of your ilajesty's Plantations 
 for the supply of other Countryes. In which unlawful! 
 practices they have been encouraged and abated by the 
 farmers of your Majesty s Irish Revenue, tLat thfreby they 
 may defraud your Majesty's Costomes in F-^ig '.aw d arsd draw 
 unto themselves a benefit from the Oes:.:£!!ks hl Ireland 
 arrising by this insular Trade, see £ar ait '^yer irum being 
 damnifyed ten thousand pounds as in tlie ssai pipers is 
 alleged by them. In consideration whereof Our humble 
 advice is that since wee see noe reason why any Seizures of 
 this kind should be forbidden or discountenanced your 
 Majesty's Lieutenant and CounciU of Ireland may receive your 
 RoyaU Orders to take care as much as in them lyes, that the 
 Methods of law now practised in that Kingdome according 
 to the powers of your Majesty's Court of Admiralty here 
 may have their due course and take that effect which is 
 necessary for securing your Majesty's Customes in England 
 pursuant to the severall Acts of Parhament made in this 
 behalfe. [p. 149. ^ 1.] 
 
 [1288.] WhitehaU, 27 June : 
 Colonial [The Committee having reported on the matter of the 
 
 I'iStablish- j • i- •=> r 
 
 inents. reduction of expenses in connection with the plantations 
 
 referred to them on the 6th instant, it was ordered] That 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 847 
 
 the foUowing aUowances and EstabUshments for his Majesty's 
 Plantations shall be continued and noe others, Vizt. 
 
 For Barbados. 
 
 I. a. d. 
 To the Governor per annum q^qq qq qq 
 
 For Jamaica. 
 
 To the Governor per annum 1000 00 00 
 
 To the Deputy Governor per annum 0600 00 00 
 
 To the Major Generall per annum 0300 00 00 
 
 For the maintenance of forts belonging to the said Island 
 
 per annum 0600 00 00 
 
 To two Companyes consisting of One hundred Common 
 
 Soldiers each besides Officers 3327 11 08 
 
 The whole amounting to 6827Z. 11 08 
 
 For the leeward Islands. 
 
 To the Governor per aimum 0700 00 00 
 
 To two foot Companyes on the English part of St. Chris- 
 tophers consisting of Eighty Comon Soldiers each besides 
 Officers per annum 2778 10 08 
 
 The whole amounting unto 3478i. 10 08 
 
 For New Yorke. 
 
 For allowances made by his Majestie towards the maintenance 
 
 of the Forts and Guarrisons of New Yorke per annum.. 1000 00 00 
 
 For Virginia. 
 
 To the Governor per annum 1000 00 00 
 
 To the Lieutenant Governor per annum 0600 00 00 
 
 To the Major Generall per annum 0300 00 00 
 
 For Maintenance of the Forts belonging to Virginia per annum 0600 00 00 
 For two Companyes consisting of himdred Common Soldiers 
 
 each besides Officers 3327 11 08 
 
 To the Chirurgeon per annum 0091 05 00 
 
 To the Chaplain 0121 13 04 
 
 6040Z. 10 00 
 Besides an allowance to an Engineer to be retained for some 
 time longer, in case the Country proceed to build a fort 
 after the rate of ten shillings per diem for himselfe and 
 two shillings per diem for one servant per annum . . . . 0219 00 00 
 As also to a Gunsmith and Two Mates to be continued some 
 time longer the pay of which at 8«. 4rf. per diem amoimts 
 
 „„. 0152 00 00 
 
 unto 
 
 The Summ Totall of all amounting to . . . . 17517Z. 12 04 
 
848 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 And it is further Ordered that the above said allowances 
 be payd and satisfyed from time to time as the same shall 
 become due by the paymaster of his Majesty's Forces upon a 
 Generall Estabhshment to be settled for that Service ; \^Tiich 
 the Right Honourable the Lords Commissioners of the Treasury 
 are hereby Directed to see done accordingly ; And his Majestie 
 is further pleased to declare his pleasure that the two foot 
 Companyes for Virginia as hkewise the two foot Companyes 
 in Jamaica together with the allowance of One thousand 
 pounds made towards the maintenance of the Forts and 
 Guarrison of New Yorke shalbe continued for One year and 
 untill further Order. [p. 150. ][ 1.] 
 
 [C.S.P. V. 1038.] 
 [1289.] Whitehall, 2 July : 
 SethSothell. [With reference to the Order of 9 June for the exchange 
 of Seth Sothell, Sir John Narborough having certified on the 
 26th ultimo,] That he was then arrived at Plymouth, and had 
 left . . Hadg omar and Buffolo Ball under the Charge of 
 Vice AdmiraU Herbert in the Streights, [Vice Admirall Herbert 
 is directed to procure the exchange of Sothell for the Algerine 
 captains named or one of them, or, in case they are already 
 disposed of], for the first Prisoner or Prisoners of Note that 
 shalbe taken of the Algerines by any of his Majesty's Ships 
 under his Comand. ['p. 158. t 1.] 
 
 Ohiistopher. 
 
 [1290.] Ibid. 
 St. . ^ ^ [It is referred to the Treasury to consider and determine 
 
 the petition of the owners of the Concord, Brazil frigate, and 
 Bachelor claiming 5501. for the service of each of the first two 
 and 1810L for the Bachelor lost on the expedition against 
 St. Christopher. Order had already been made for satisfying the 
 petitioners after the Barbados mihtia had been paid, but 
 they have hitherto been unable to have tallies struck, and they 
 pray that, as the Commissioners to whom their claims were 
 referred by the Lord Treasurer are now ready to report, 
 tallies may be struck in the Exchequer for what shall appear 
 due to them.] [p. 158. If 3.] 
 
1679.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 849 
 
 [1291.] Whitehall, 2 July: 
 
 [The Council approve, and give orders in accordance with New 
 a report of the Committee recapitulating the proceedmgs ''"^'^"''• 
 leading up to the Order of 2 January on the petition of 
 RandaU Holden and John Green, and proceeding] :- 
 
 Whereas the said Holden and Green were no sooner departed 
 but the Petitioner WiUiam Harris hath made his Appearance,' 
 beseeching your Majesty to take such Course as might finaUy 
 determme the Matters complayned of by him, Wee are humbly 
 of Opmion, That by reason of the distance of Places and Absence 
 of the Parties it wilbe a matter of too great difficulty for your 
 Majesty to give such Judgment therein as may equaUy decide 
 their respective pretensions. 
 
 And whereas the said Holden and Green did offer their Excep- 
 tions against the Colonies of the Massachusets and Conecticut 
 upon divers past differences between them. And that on the 
 other side the Petitioner WiUiam Harris thinks he has just 
 cause to except against the Colony of Rhode Island as being 
 particularly interessed in the present Controversy. Wee 
 therefore humbly offer. That your Majestys Royall Commands 
 be again sent to the Governor and Magistrates of your Colony 
 of New Plymouth, Authorizing and requiring them to call 
 before them the said RandaU Holden and John Green, and 
 other Persons in whose behalf they have lately appealed 
 unto your Majesty And having in due manner examined the 
 Pretensions of the said Harris unto the Lands possessed by 
 them, do returne unto your Majesty a particular State thereof 
 and their Opinions thereupon with aU convenient speed. 
 
 And whereas your Majesty hath aheady thought fit to Order, 
 That the said William Harris and Partners be peaceably and 
 quietly possessed of the Lands of Patuxet adjudged unto them 
 by the first and Three last Verdicts given in pursuance of 
 your Majestys late Commission, Wee further offer That the 
 Governor and Magistrates of the Colony of Rhode Island, to 
 whose Jurisdiction the said lands apperteyne be strictly charged 
 
 54 
 
850 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 and required to put the said William Harris and Partners 
 into the quiet possession thereof, and to take care that Exe- 
 cution be given for their Dammage and Costs allowed by the 
 said Verdicts and Judgments of Court, within the space of 
 Three Moneths at furthest after the Receipt of your Majesty's 
 Comands, And that in default thereof, sufficient Powers may 
 be sent unto the Neighbouring Colony of New Pl3Tnouth to 
 cause the same to be duly executed without delay. 
 
 [p. 159. If 4.] 
 [C.S.P. V. 1044.] 
 [1292.] Whitehall, 9 July : 
 
 Barbados. [The Council refer to the determination of the Treasury 
 
 the petition of Francis Tyrwhitt, gentleman, representing] 
 That upon full Hearing of the cause depending between the 
 Petitioner and the Lord Ranelagh and Lord Brereton, con- 
 cerning divers Summes of iloney, and Sugars laid out by the 
 Petitioner in the West Indies for his Majestys Service by 
 Order of the late Lord ffrancis Wiiloughby then Governor 
 there, ffor payment whereof the said Lords obteyned a Privy 
 Seale from his Majesty in right of their Wives as Daughters 
 and Coheirs to the said fiFrancis Lord Wiiloughby, His Majesty 
 was pleased to declare that it was just and reasonable the 
 Petitioner should be satisfyed out of the Summe of 
 3397^. 25. 4d. payable to their Lordships on the said Privy Seale, 
 and accordingly referred the Examination of the Debt to the 
 late Lord Treasurer, by whose Report it appears there is 
 due to him 672484^.^ of Muscavado Sugar, of which 458872Z. 
 was for his Majestys Service, That upon the Lord Brereton's 
 renouncing to the Administration the Lord Ranelagh in right 
 of his Wife hath taken out Letters of Administration of the 
 said ffrancis Lord Willoughbys Estate, And therefore Praying, 
 That the said Earle may be Ordered to dehver to the 
 Petitioner so many Talhes already struck on the said Privy 
 Seale as the said 458872?. of Muscavado Sugar amoimts to 
 at 12s. 6d. per Cent., the price current there. 
 
 [p. 166. If 3.] 
 
1679.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 851 
 
 [1293.] Hampton Court, 10 July : 
 
 [The Committee report] : — Whereas your Majesty hath New 
 lately Ordered in Council!, that Signification should be made ^ 
 to your Colony of the Massachusets in New England, that 
 they forbear to exercise any Jurisdiction over the Townes 
 of Portsmouth, Hampton, Dover, Exeter, or any other of 
 the Townes or Lands in the Province of New Hampshire 
 lying and extending from Three Miles northward of Merrimack 
 River or any part thereof unto the Province of Main, But that 
 your Majesty would take the same into your owne Care, 
 inasmuch as the Government thereof remained stiU in the 
 Crowne, and was not so much as pretended unto by any and 
 because it wilbe very much for your Majestys Service to erect 
 a Government in that Tract or Territory which may have 
 a more imediate Dependance on your RoyaU Authority, Wee 
 do humbly propose to this end the Method and Regulation 
 following : — 
 
 1. That your Majesty do by your Great Seale con- 
 stitute a President and Councill to take care of the said 
 Tract of Land and the Inhabitants thereof. 
 
 2. That be President for the first year, 
 and so long after as tiU your Majesty shaU nominate 
 another. That there be six more named vizt. 
 
 to be of the Councill and Power left to them to swear in 
 Three others out of the severaU parts of the Country 
 being such as are most fitly quaUfyed, That those here 
 named or any Three administer to the President the 
 Oaths of AUegiance and Supremacy ; and then He the 
 same to aU the rest ; and that He out of the said Number 
 may name one for his Deputy to preside in his absence, 
 And the President or the said Deputy and any ffive to 
 make the Quorum. 
 
 3 That they meet to open their Commission at Ports- 
 mouth and there choose Officers, appointing time and 
 place of future Meetings as the Majority shall agree, and 
 to use such Seale for their Orders as shalbe sent unto them. 
 
852 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 4. That all Justice CiviU and Criminall be for the 
 present administred by the said Councill, But in such 
 waies and methods as are sutable to the Laws of England, 
 so far forth as the circumstances of the Place will admit, 
 And that every Person that thinks himself agreived by 
 Sentence given about Title of Land may appeal to his 
 Majesty in Councill, and the hke in any personall Action 
 above the value of ffifty pounds, and not under. But in 
 either Case the Appellant is first to enter Security to 
 pay Costs in case he be found in the wrong, And in 
 Criminall Punishments to be inflicted, if the same rise 
 to Life or Limb, that either the Party be sent home with 
 the State of the Conviction, or Execution respited, till 
 the Case be represented, and Orders sent therein (unlesse 
 in cases of Murther). 
 
 5. That for the Defence and Security of the People 
 Commissions be given by the said President and Councill 
 in your Majestys Name to those that are best qualifyed^ 
 for Regulation of the Mihtia and Care taken that good 
 Discipline be observed, such as by the said Councill shalbe 
 prescribed, And that if any Invasions be made by 
 Indians or others, on your Majestys good Subjects, that 
 they repell fforce by fEorce. 
 
 6. That above all things Care be taken to discoun- 
 tenance Vice and encourage good Living that by such 
 Example the Infidels may desire to imitate and partake 
 of the Christian ReUgion ; And in matters of Rehgion 
 to appoint Liberty of Conscience to be allowed to all 
 Protestants, and that those of the Church of England 
 be particularly encouraged. 
 
 7. That the said Councill have also Power and 
 Authority to hear and determine in all Emergencys 
 relating to the Peace or good Government of your Majestys 
 Subjects there and to summon Partys and punish Con- 
 tempts, To cause the Oaths of Allegiance to be administred 
 to all that come to any Oflfioe or ffreedome or Preferment, 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 853 
 
 and to cause with what speed they can Proclamation to 
 issue in your Majestys Name to the Inhabitants of this 
 Territory, signifying, That your Majesty hath taken 
 them into your Government and gracious Protection, 
 That your Majesty hath writ to the Governor and Councill 
 of the Massachusets Bay, to recall all the Commissions 
 they have granted for exercising any Jurisdiction in the 
 parts aforesaid. And that your Majesty hath declared 
 the same to be void. And that the People do henceforth 
 repair for Justice and Redresse unto the said President 
 and Council whom your Majesty hath appointed to 
 take care that they be well governed. And therefore 
 Requiring that they give Obedience unto them. That there 
 with such other general Intimations be given the People, 
 as by the said President and Councill shalbe thought 
 necessary. 
 
 8. That for supporting the Charges of the Government, 
 the President and Councill do continue the Taxes which 
 are now laid, That they levy and distribute the same to 
 those ends in the best manner they can, untiU an 
 Assembly shalbe called, and other Methods agreed upon, 
 That in Three Moneths after the President and Councill 
 are estabMshed, they issue Writs for the calling of a 
 General! Assembly, using therein such Rules, as to the 
 Persons who are to choose their Deputys, and the Time 
 and Place of meeting as they shall judge most convenient, 
 That at their first meeting the President of the Councill 
 do mind them in the generall of what is to be intimated 
 in the Proclamation aforesaid. That he recommend unto 
 them the making of such Acts as may most tend to the 
 Estabhshing them in obedience to your Majestys 
 Authority, their oune Preservation in Peace and good 
 Government and Defence against their Enemys. That 
 they consider of the fittest waies for the raysing of Taxes, 
 and in such proportion as may be fit for the Support of 
 that Government. That what Acts they do make are to 
 
854 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 be approved by the President and Councill, and therupone 
 to receive fforce, untill your Majestys Pleasure be knowne 
 upon the same Acts, as to their Change, Confirmation or 
 Disallowance, And therefore they are to send over such 
 Acts by the first Ships that depart for England after 
 their making. Also Intimation is to be given unto 
 them, that your Majesty is graciously pleased, that they 
 nominate you Three Persons, out of which your Majesty 
 will choose one to be the President of that Councill, And 
 that they also nominate Eighteen, out of which your 
 Majesty will choose Nine to be the Members of the said 
 Councill, and when any of them dye, the Eemainder of 
 the Councill are to elect a new Member for the time 
 and to send home his Name, and the Names of two more, 
 that your Majesty may appoint which of the Three you 
 most approve, who is to fill up that Vacancy, And so 
 also in case of the Death of the President, His Deputy 
 shall for the time succeed to the Place of President, 
 and choose his Deputy imtil your Majesty's Pleasure 
 be finally knowne therein, And Wee further propose. That 
 your Majesty do declare to your Councill that you incline 
 to observe this Method of Grace and flavour towards the 
 Assemblys, till by Inconveniencies arising thence you 
 shall see cause to alter the same. 
 
 9. And whereas the Inhabitants of the County have 
 many of them been long in possession and are said to 
 have made considerable Improvements on the Lands 
 they hold, but without other title then what hath been 
 derived from the Government of Boston in vertue of their 
 imaginary Line, which Title, as it hath, by the Opinion of 
 the Judges here, been altogether set aside, so the Agents 
 from Boston have consequently disowned any Right 
 either in the Soyle or Government from the Three Miles 
 Line aforesaid ; And it appearing that the Ancestors of 
 Mr. Mason obteyned Grants from the Great Council! of 
 Plymouth for this Tract, and were at very great Erpence 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 855 
 
 upon the same till molested and finally driven out, 
 which hath occasioned a Lasting Complaint for Justice 
 by the said Mr. Mason ever since your Majesty's Restaura- 
 tion, However, to prevent in this Case any unreasonable 
 Demands, which might be made by Mr. Mason for the 
 Right he alleageth to the Soyle, Wee have obUged Mr. 
 Mason under Hand and Seale to Declare that he will 
 demand nothing for the time past untill the 24th of 
 June last, nor molest any in their possessions for the 
 time to come, but make out Titles to them and their 
 Heires for ever. Provided they will pay unto him by 
 fan- Agreement in liew of all other Rents Sixpence in 
 the pound according to the just and true yearly value 
 of all Houses built by them, and of all Lands, whether 
 Gardens, Orchards, Arable or Pasture, which have been 
 improved by them, which he will agree shalbe bounded 
 out unto every of the Parties concerned ; and that the 
 Residue may remaine to himself to be disposed of for 
 his best Advantage, But if notwithstanding this Overture 
 from Mr. Mason which seems so fair unto Us, any of the 
 Inhabitants there shall refuse to .agree with his Agents 
 upon these Termes, That the President and Council! be 
 empowred to interpose and reconcile all Differences if 
 they can. But if not, That the Councill send home such 
 Cases fairly and impartially stated, together with their 
 Opinions, that your Majesty may at the Councill Boord, 
 with due regard to Mr. Masons ancient Right, and the 
 long Possession, Improvements or any other Title of 
 the Inhabitants determine therein according to Equity. 
 
 Lastly, That the President and Councill do prepare and 
 send home such Rules and Methods for their owne 
 Proceedings, as may best sute with the Constitution of that 
 Country, and the Establishment of your Majestys Authority, 
 that the same being examined and approved here may 
 be returned back unto them with all convenient speed. 
 
 Shaftesbury Pr., Anglesey C.P.S., Arlington, Russell, 
 J. Ernie, H. Powle. Tho. Dolman. 
 
856 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 Which bemg read and duly considered at the Boord, His 
 Majesty was pleased to approve thereof, And did Order, That 
 Mr. ffinch his Majestys Sollicitor GeneraU do forthwith prepare 
 a Bill for his Majestys RoyaU Signature to passe the Great 
 Scale of England for the Erecting and sethng a Government 
 in the said Province of New Hampshire, according to the 
 Methods and Regulations in the said Report set forth, And 
 for constituting the severall Persons hereunder named (whom 
 the said Lords of the Committee have selected out of Three 
 Lysts as Persons fitly qualifyed to serve his Majesty in the 
 Gk)vemment of the said Province) vizt. Mr. John Cuts of 
 Portsmouth to be President, Mr. Richard Martin, Mr. WiUiam 
 Vaughan, and Captain Thomas Daniel of the same place, 
 Mr. John Gilman of Exeter, Captain Christopher Hussey of 
 Hampton, and Major Richard Waldeme of Dover to be of 
 the Councill within the said Province, with such Powers and 
 Authoritys as are conteyned in the said Report. 
 
 [pp. 169-171.] 
 
 [C.S.P. V. 1058.] 
 
 [1294.] Whitehall, 11 July : 
 
 Newfound- A Summons to severall Persons concerned in and acquainted 
 
 ^^°*^ with the Newfoundland Trade to attend on Thursday next 
 
 the 17th instant at Hampton Court at Nine of the Clock in 
 
 the morning, when that Busines is appointed to be heard. 
 
 [p. 172. H 5.] 
 
 [On the 15th the Newfoundland business is appointed to 
 be heard on the 24th at Hampton Court.] [p. 177. If 1.] 
 
 [1295.] Whitehall, 16 July : 
 Bermudas. Upon reading this day at the Boord a Petition addressed to 
 [the Committee] in the Name of WiUiam Righton and others in 
 behalf of themselves and the ffreeholders and Inhabitants in 
 Bermuda Praying, That in order to their making out their 
 severall Greivances presented to his Majesty in May last, and 
 refer'd to the aforesaid Committee (which are most of them 
 Acts made by the Bermuda Company in London) That Mr. 
 
1679. 1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 857 
 
 Richard Banner Register of the said Company may attend 
 with the Bookes of aU the Proceedings of the said Company 
 in London since the year 1676, [the petition was granted 
 and Mr. Banner ordered to attend the Committee on the 23rd 
 instant] with aU the Bookes of Entrys of the Votes, Orders, 
 Warrants, Letters and other Proceedings since the year 1666,' 
 of the said Company in London to the Governor and Company 
 in Bermuda. . . And it was further ordered. That the 
 severaU Persons hereunder named and every of them do give 
 their attendance on the said Committee at the time and 
 place aforesaid. Robert Harrison, John Leat, Samuel Smith, 
 Josias Pitts, Severne Vickers, Wm. Minors, Samuel Dike, 
 Nath. Smith, George Day, Robert Steevens. [p. 178. ^ 3.] 
 
 [1296.1 Whitehall. 16 July : 
 
 [The Committee having presented a book containing the Barbados, 
 laws of Barbados from 1660 to 1672, it is ordered] That Mr. 
 Serjeant Baldwin one of his Majestys Councill Learned in the 
 Law do peruse the said Laws and examine whether the same 
 be agreeable to his Majestys Authority in that Island, and 
 Good of his Subjects inhabiting there, And that he made 
 Report thereof unto [the Committee] with aU convenient 
 speed. [p. 187. ^I 1.] 
 
 [CS.P. V. 1075.] 
 
 [1297.] Ibid. 
 
 Memorandum. There was this day presented to the Boord Barbados, 
 a Report from [the Committee] together with the Draft of 
 a Letter concerning the Lawes and other parts of the 
 Government there, which were approved by his Majesty and 
 are entred in the Booke relating to the Affaires of Barbados, 
 remayning in that part of the Councill Office that relates to 
 Plantations. [p- 187. H 2.] 
 
 [1298.] Hampton Court, 24 July : 
 
 [The Council approve the following report of the Committee, Barbados. 
 and order a letter to be prepared as proposed] : — Wee have 
 
858 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 in obedience to your Majestys Order in CounciU of the 18th 
 of June last examined the Petition of Colonel John Strode and 
 Partners ffarmers of your Majestys Revenue of ffour and 
 an half per Cent, in Barbados, Setting forth, That a Law 
 was passed there on the 23th of January last, whereby it 
 is provided That where any Person since the 25th of 
 November 1675 hath lost any sugar or other Goods of the 
 Growth of that Island by being cast away or taken at Sea for 
 which the 4 and ^ per Cent, has been paid, that the said Duty 
 shalbfc restored by the present ffarmers of that Revenue, or 
 in case of Refusal!, that they or their Agents shalbe sued 
 for the same by that Law, And the Party suing shall have 
 double the Duty he sues for, and treble Costs allowed him. 
 That the Petitioners having by the Lease of their said Revenue 
 covenanted for Defalcations from your Majesty in all matters 
 of this kind, they humbly conceive the prejudice arising 
 hereby wilbe to your Majestys Service only, and therefore 
 beseech your Majesty to grant your Letters to your 
 Governor of Barbados for abolishing the said Law, The peti- 
 tioners have Ukewise produced unto Us an authentic Copy 
 of this Act As also of another Act dated the 25th of 
 November 1675 to the like effect, And upon consideration 
 of the whole matter. Wee humbly report, That whereas it is 
 alleaged in the said Acts that the same is done according to 
 the Act of Tonnage and Poundage made in the 12th year 
 of your Majestys Reigne which provides an Allowance here 
 in England in case of Losse at Sea of so much other Mer- 
 chandize as the same Goods and Merchandize lost shall 
 amount unto in custome. Wee cannot but take notice that this 
 Allowance of 2d. ffree Entry unto your Subjects was an expresse 
 Condition and Limitation accepted by your Majesty with 
 the free Guift and Grant made by your Parliament in England 
 of the Subsidy of Tonnage and Poundage, whereby your 
 Subjects have a Right to demand such a Second Entry in lieu 
 of the Customes paid by them, whereas no such pretension 
 can be reasonably made in Barbados in relation to the 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 859 
 
 Revenue of 4 and | per Cent, which by the Act appears to 
 have been granted unto your Majesty in lieu of other Dutys 
 and Quit Rents more burthensome to the People, and for the 
 full and free Discharge of all other Services whatsoever, without 
 any condition or allowance mentioned in the said Act, so that 
 the same being a Matter of free Grace and Bounty in your 
 Majesty it is much to be wondred, that the Assembly should 
 propose or the Governor presume to passe an Act so prejudicial! 
 to your Revenue without first acquainting your Majesty and 
 obteyning your Royall Leave for the same, especially since it 
 could not be unknowne unto them, that an expresse Provision 
 had been made by your Majesty in the late ffarme of the 4 
 and I per Cent, as well as in the former one, That if your 
 Majesty should at any time during the said ffarme grant or 
 passe any Act of State by reason whereof the said Duty or any 
 Arrears should be pardoned suspended or lessened, or the 
 said ffarmers hindred or obstructed from receiving or collecting 
 any part thereof in as full and ample manner as the same 
 was due vmto your Majesty at the Demise of the said Farme, 
 that then they should have such proportionable Defalcations 
 and Abatements out of the yearly Rent, as upon considera- 
 tion and due proofs made by them should be thought reasonable. 
 And Wee hkewise find that the Petitioners have the more 
 Reason to complain of the great Injustice of this last Act, 
 inasmuch as it dos not only revive the former Acts, but farther 
 provides, that the present ffarmers who have been only possest 
 of this duty from the 25th of December 1677, shall repay the 
 Customes of all the Goods lost at Sea since the 25th of 
 November 1675, for part of which the said Farmers Agents there 
 are now sued and in danger of condemnation notwithstanding 
 that your Majesty has not lodged any greater Power in the 
 Government there, then to make Laws for Two years and no 
 longer, unlesse the same be approved by your Majesty, Whereas 
 this last Act by an undue Retrospection of almost Three years 
 exceeds that Restraint and Limitation of Power which is 
 provided by your Majestys Commission, and renders it self 
 binding against your Majesty and your Subjects for a much 
 
860 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 longer terme than it can lawfully extend to. Of all which 
 having informed the Merchants of Barbados and others con- 
 cerned in behalf of that Island, Wee have received from them 
 good Assurance that upon intimation of your Majestys Pleasure, 
 these Irregularitys wilbe forthwith redressed, and yoar Majestys 
 Rights entirely preserved, according to the true purport of the 
 Act whereby the Duty of 4| per Cent, was first setled, So 
 that Our humble Advice to your Majesty is. That whereas 
 Sir Jonathan Atteyns has not complyed with his Duty in 
 passing the said Acts which are of great Detriment to your 
 Majestys Revenue in that Island, nor made use of that Power 
 your Majesty has in such cases granted unto him of enjoying 
 a Negative voyce in the making of Lawes, to the end nothing 
 may be passed to your Majestys prejudice, Your Majesty 
 do therefore signify by your Royall Letters your Disappro- 
 bation and Disallowance of his Proceedings herein, Requiring 
 him not only to take care. That aU Actions and Suits at Law 
 by colour of the said Act. . . And all other Acts for 
 Allowance of a Second free Entry in relation to the 4| per 
 Cent, do imediately cease ; but that the same be forth- 
 with repealed and declared void, as being prejudicial! to 
 your Majesty and contrary to the Powers residing in that 
 Government. [p. 185. U 1.] 
 
 Newfound- 
 land. 
 
 Virginia. 
 
 [1299.] Hampton Court, 24 July : 
 
 [The Muscovy Company are permitted to import seal oil 
 at 6s. per ton custom, the same duty as by the Book of Rates 
 is imposed on train oil from Newfoundland.] 
 
 [p. 186. TI 1.] 
 
 [1300.] Whitehall, 25 July : 
 
 [It is ordered that Lemuel Kingdon Esqr. do give an account 
 to the Committee of the arrears due to his Majesty's forces 
 in Virginia. Major Mutlow, whose company is particularly 
 mentioned in the representations from Virginia, is to attend 
 the Committee at the same time.] [p. 188. ^ 1.] 
 
 [CS.P. V. 1077.] 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 861 
 [1301.] WhitehaU, 6 August : 
 
 It was this day Ordered in CounciU that An Act lately made Virginia. 
 in Virginia at a Grand Assembly begun at James Citty on the 
 25th of ApriU, 1679. Entituled an Act to enable Major 
 Lawrence Smith and Captain WiUiam Bird to seate certain 
 Lands at the head of Rappahannacke River and James River, 
 be forthwith suspended : so that no proceedings may be had 
 thereupon untill his Majesty shall signifye his further pleasure 
 therein, And it is hkewise ordered. That no Assembly be 
 called, or held in Virginia before the first of January next 
 ensueing. Of all which [Mr. Secretary Coventry] is desired to 
 give Intimation unto Sir Henry Chicheley . . As also 
 to signifye imto him, that his Majesty having received the 
 Address lately made by the Governour and Assembly con- 
 cerning the pay of the soldiers there and the Arreares of quitt 
 Rents, such Order will be taken therein upon the arrivall of 
 the Lord Culpepper, as shall be for the good of his Majestyes 
 subjects there. [p. 193. ^ 2.] 
 
 [C.S.P. V. 1085.] 
 
 [1302.] Hampton Court, 7 August : 
 
 [On a memorial from the Dutch Ambassador, the owners West Indie?. 
 of the Joseph of Bristol are offered an opportunity of putting 
 their appeal within six months into a condition of being deter- 
 mined : and if they do not avail themselves of this, his 
 Majesty wiU not insist on further time for doing the business, 
 but leave them to acquiesce in the sentence of confiscation.] 
 
 ip. 197. If 2.] 
 
 [1303.] Whitehall, 5 September: 
 
 [On the desire of Mr. Randolph, Sir Thomas Dolman is ordered New 
 
 -n 1 J England. 
 
 to write to the master of a ship bound for New England to 
 give him accomodation therein.] [p. 205. ^ 2.] 
 
 [1304.J Whitehall, 19 September : 
 
 [Whereas a Government has now been established in the New 
 Province of New Hampshire], It is this day Ordered in Council! ^™^^ "^^" 
 That the Seale herewith sent, an impression wherof is in the 
 
862 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1B79. 
 
 margin affixed, be taken and acknowledged in the said Province 
 of New Hampshire, as the Scale appointed by his Majesty, 
 And that the same be affixed mito aU pubUque Acts, Orders 
 and Proceedings within the said Government, And that it be 
 to all intents and purposes of the same force and Validity 
 within the said Province, as any other his Majestys pubhque 
 Scale in Barbados, Virginia, or any other his majestys plan- 
 tations in America. And his majestys said President and 
 Councill of New Hampshire is hereby authorized and directed 
 to keepe and apply the same to the said uses. And wheras 
 his majesty is graciously pleased to send his RoyaU por- 
 traiture together with his Imperiall Armes unto the said Presi- 
 dent and Counsell of New Hampshire, as a mark of his Royall 
 favor and Protection to the Inhabitants therof. It is hereby 
 Ordered that the same be kept, and exposed to pubhque view, 
 within such place as shalbe appointed for the meeting of his 
 Majestys said Councill. [p. 208. ^ 3.] 
 
 [C.S.P. V. 1124.] 
 
 [1305.] Whitehall, 24 September : 
 
 Virginia. [A clause presented by Mr. Secretary Coventry as fit to be 
 
 added to Lord Culpeper's commission is ordered to be so 
 added, if the Committee on consideration shall judge it 
 necessary for his Majesty's service] : — 
 
 And it is neverthelesse Our further will and pleasure 
 that in the above-said Cases of the Death, or absence of 
 Our Governor, Lieutenant Governor, or Comander in 
 cheif for the time being. Our Secretary of Our said Colony 
 for the time being, and in Case of his Death, or absence 
 from that Our Colony, Our Major Generall there, shalbe 
 present in all matters to be treated on in Our said 
 Councill concerning the Government of that Our Colony, 
 and that nothing be determined therin, without their 
 respective Consent. [p. 213. ^1.] 
 
 [C.S.P. V. 1127.] 
 
 [On 1 Oct. this instruction is agreed on.] [p. 219. ^ 4.] 
 
1679.] ACTS or THE PRIVY COUNCIL (COLONIAL). 863 
 
 [1306.] Whitehall, 3 October : 
 
 Upon reading this day at the Board the humble Petition " Spiriting " 
 of Jane Beaumont setting forth that WiUiam Beaumont Plantations. 
 Plaisterer the Petitioners husband hath been absent about two 
 moneths leaveing the Petitioner five small Children to main- 
 teyne and that the Petitioner never heard any tydeings from 
 him untiU within this three dayes, when the Petitioner received 
 a letter from him, dated on Board the Charles (Walter Dunsh 
 alias Bunch Master) now rideing in the Downes, bound for 
 Maryland, In which Letter the Petitioners husband acquaints 
 her that he was Trapan'd on Board the said Ship, by a Car- 
 penter, and sold to the Boateswaine of the same for a slave, 
 Praying that her said husband might be discharged from 
 the said Ship ; [It was ordered that the Admiralty instruct 
 the officer commanding in the Downs to secure the surrender 
 of Beaumont and put him on shore at some convenient place, 
 stopping the Charles until Beaumont had been dehvered. 
 In case the Commissioners do not meet this day, their 
 Secretary, Thomas Hayter, Esqr., is to take care that by this 
 night's post directions be sent to the Commander in Chief 
 in the Downs conformable hereunto.] [p. 220. ^ 1.] 
 
 [On the 10th Sir Henry CapeU informs the Board that 
 Beaumont has been set on shore.] [p. 226. ^ 3.] 
 
 [1307.] Whitehall, 8 October : 
 
 Whereas . . Lord Culpepper did this day acquaint Virginia, 
 the Board that he is certainly informed that the Oxford 
 ffrigatt is Ordered to returne from Virginia immediately after 
 his landing there having taken in Provisions proportionably 
 only to that time, and did therefore desire on the behalfe 
 of his Majestic the Country, the Merchants and Owners of 
 Ships, That in pursuance of his Majestys Letter to the country 
 hereunto annexed containing a Promise to the contrary of 
 a Convoy to attend the Lord Culpepper, which cannot be 
 made sufficiently usefull unto them, unlesse the said ffrigatt, 
 may be Ordered to Convoy Back the Virginia Fleet according 
 
864 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 to such directions as shall bee given there see as the same 
 may sett saile in the monthe of Aprill next at the furthest, 
 by which time the Shipps may bee ready to Load and sett 
 saile, [The proposal is recommended to the Admiralty to 
 consider it and give order that the Oxford be provisioned for 
 two months more than was intended, so that she may convoy 
 the merchant fleet on the homeward voyage]. 
 
 ip. 223. H 1.] 
 [C.S.P. V. 1138.] 
 [1308.] Whitehall, 10 October : 
 
 Jamaica. Upon reading this day at the Board the Petition of Francis 
 
 Mingham in the behalfe of himseKe and others the owners of 
 the ship the Pink Francis Complaining that one Thomas 
 Martin out of Mahce only to the Petitioner with the assistance 
 of Sir Henry Morgan Knight sole Judge of the Court of 
 Admiralty (in his Majestys Island of Jamaica) caused the 
 Petitioners said Ship and goods on Board her then rideing at 
 Port Royall to bee arrested and Condemned the 22th of 
 January last and praying that he might be reheard before 
 his Majestie in CounciU concerning the said Shipp. [A copy 
 of the petition was ordered to be sent to Sir H. Morgan and 
 T. Martin, who are to return their answer with copies of the 
 proceedings of the Court of Admiralty in the case to be con- 
 sidered at the Board on the 1st of May next.] 
 
 [p. 225. 11 1.] 
 
 [1309.] WhitehaU, 15 October : 
 
 Virginia. Upon the humble Petition of Robert Ayleway this day 
 
 read at the Board Complaining that the Lord Culpepper . . 
 doth refuse to admit the Petitioner into the Office of Auditor 
 Generall of [Virginia] which his Majestie hath been pleased 
 to grant unto him for his Life by Letters Patents under the 
 Great Seale of England bearing date the 16th day of 
 January in the 29th year of his Majestys Reigne : [It was 
 ordered that Lord Culpeper appear at the Board to answer 
 the petition on Friday next, the 17th instant, at three in 
 the afternoon]. [p. 230. T| 2.] 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 865 
 [1310.] Whitehall, 17 October : 
 
 [A memorial of the Dutch Ambassador, Herr van Leyden St. Eustatius 
 
 de Leuwen, for the restitution of the Islands of St. Eustatius ''"'^^^^*- 
 
 and Saba, detained contrary to the 6th Article of the treaty 
 
 of 10th February 1674, is referred to the Committee.] 
 
 [p. 238. 1[ 1.] 
 
 [CS.P. V. 1147.] 
 [1311.] Ibid. 
 
 [The Council refer to the Treasury for examination andBarbadoes. 
 report the petition] of Richard Kent and Charles Buncombe 
 setting forth that . . the Earle of Ranelagh and Lord 
 Brereton having Tallys struck upon his Majestys Revenue 
 of the Barbados for the summ of 5638L lis. 2d. in part of a 
 Privy Scale of 8400Z. assigned the said Tallyes severall yeares 
 since to the Petitioners for full and valuable Considerations. 
 But that one Francis Tirwhit by his Petition to his Majestie 
 had obteyned an Order to stop all Payments and proceedings 
 upon the said Privy Scale . . And praying that his 
 Majestie would be pleased to grant them an Order to the 
 ffarmers of the four and half per Cent, to pay the Petitioners 
 said Tallyes. [p. 238. If 2.] 
 
 [1312.] Whitehall, 24 October : 
 
 [The petition of Bartholomew Price, administrator of Colonel Virginia. 
 Herbert Jefferys, for payment of 1200?. arrears of pay due 
 to Jefferys, as Lieutenant Governor of Virginia and Com- 
 mander in Chief of his Majesty's forces there, is referred to 
 the Committee.] [P- 248. ^ 1.] 
 
 [CS.P. V. 1161.] 
 
 [1313.] Ibid. 
 
 [Rene Petit, his Majesty's agent at Rouen, and Jacob Guerard CaroUna 
 petition the Board, setting forth that in pursuance of the 
 Order of 28th May, many of the foreign protestant families 
 seeking to settle in Carolina are now arrived in London,] 
 and humbly conceiving that they may without any great charge 
 to his Majestie be transported to CaroUna in the Richmond 
 
 65 
 
866 ACTS OF THE PRIVY COUNCIL (COLONIAIi). [1679. 
 
 or other ffrigatt, which is said to be in few weekes ready to 
 depart for the Barbados, And when the remaining families 
 arrive, which they hope will be in December next, they will 
 then offer a list of their names and give sufficient assurance, 
 that they shall likewise ship themselves away upon the same 
 voyage, before his Majestic be at the charge of preparing another 
 ship, And therefore praying his Majestys Orders to the Com- 
 mander of the said Frigatt to receive on Board the said 
 familyes now in readines and to carry them to Carolina, And 
 also to order the Passing of a Grant to the Petitioners and 
 their Assignes the summ of Two thousand Pounds aforesaid. 
 His Majestic in consideration of the Petitioners request and 
 his gratious promise made unto them is hereby pleased to 
 Signifye his Royall Pleasure unto the . . Commissioners 
 of the Treasury, That a Warrant bee prepared for his Royall 
 Signature, whereby the Petitioners may remain fully assured 
 of, that the said Summ of 2000?. or part thereof advanced 
 by the Adventurers towards the transporting the said fourscore 
 familyes shalbe duly reimbursed unto them according to the 
 number and proportion of Familyes which shalbe actually trans- 
 ported to Carolina out of the Customes arising here from the 
 Comodities to be brought out of that part of the said Planta- 
 tion where the said families shall settle to commence from 
 the time of their arrivaU which shalbe Certifyed by the Collector 
 and Surveyor of the Customes, or in his absence by the 
 Governor and Councill there Provided that the Undertakers 
 do give in a list of their Names with sufficient assurance that 
 they will come and embarque themselves for this Voyage, 
 [and observe the other conditions of the Order of 28 May. 
 As soon as the conditions are performed or security given for 
 their performance, the Admiralty are to allow such of the 
 famiHes as shall be ready to depart to be transported to 
 CaroHna on the Richmond frigate]. [p. 251. ^ 2.] 
 
 [1314.] WhitehaU, 24 October : 
 Virginia. [Thomas Sands having represented that on his presenting 
 
 the Order of 24 May 1678 (1179) in his favour] at a GeneralJ 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 867 
 
 Court held at James Citty to the end the same may be 
 allowed, the Petitioner finds the benefit thereof denyed him 
 by two Contradictory Letters from the Lord Culpepper 
 And therefore Prayed the benefit of the said Order, notwith- 
 standing any writt or to be written by the Lord Culpeper 
 to the Contrary. It was Ordered [that Lord Culpeper receive 
 a copy of the petition and return his answer to the Board 
 on Friday next the 31st instant]. [p. 253. ]f 2.] 
 
 [On 14 Nov. Sands' petition that the Order in his favour 
 be reinforced, is referred to the Treasury.] [p. 280. ^ 2.] 
 
 [1315.] Whitehall, 24 October : 
 
 Memorandum that there was this day presented to the Leeward 
 Board a Report from . . the Committee . . about *" ' 
 the Leeward Islands, and the 4 and J per Cent, which was 
 Referr'd to the . . Treasury and is Entered in the Booke 
 relating to the affaires of the said Islands remaining in that 
 part of the Councill Office that relates to Plantations.* 
 
 [p. 255. If 1.] 
 
 [1316.] Whitehall, 7 November : 
 
 [On consideration of the Dutch memorial about the ^t- Eustatius 
 
 . -1 ^ , ^^^ Saba. 
 
 restitution of St. Eustatius and Saba to the] former Pro- 
 prietors or such unto whom they have lawfully made over 
 their Right, in the same condition they were in at the time 
 of the PubUcation of the said Treaty [the Earl of Sunderland 
 is directed to acquaint the Ambassador] That -his Majesty 
 having not before this time received any Intimation from his 
 Masters of their Desires to be repossest of those Islands, has 
 now directed his Governor in whose hands they are to certify 
 unto him with all speed, the present Condition they are in, 
 And that his Majesty upon receiving his Answer, and the better 
 enabling himself thereby to dispose of his Subjects in some 
 other fit place, will then give such Order for the Restitution 
 of those Islands, as the late Treaty with the States Generall 
 and the particular Justice of this Case shall require. 
 
 * No mention of this occurs in the Plantation Register. 
 
868 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 Md. That the Report of the Committee of Trade and 
 Plantations concerning the Islands of St. Eustace and Saba 
 and the Order directing the writing of a Letter to Colonel Staple- 
 ton are remayning in the Plantation Office. [p. 272. ^ 4.] 
 
 [C.S.P. V. 1177.] 
 
 [1317.] Whitehall, 10 November : 
 Bermudas. [The Council approve, and give orders in accordance with, 
 the following report of the Committee] : — In obedience to 
 your Majestys Reference of the 16th of May last. Wee have 
 heard the Complaint of divers ffreeholders. Merchants, and 
 Inhabitants of the Bermudas against that Company, And being 
 at severall times attended by both Partys with their Learned 
 Councill, The Articles of Greivances presented by the Planters 
 (many of them appearing of little weight, and others being 
 waved and passed over by the Complainants) were at length 
 reduced into the Particulars following. First the Inhabitants 
 complaine, that they are forbidden to send any Petitions 
 or present their Appeals unto your Majesty for Releif, without 
 the Approbation of the Governor and CounciU of those 
 Islands, ffor remedy whereof Wee humbly offer Our opinions, 
 that your Majestys Subjects inhabiting those Islands ought 
 to enjoy the Common Influence of your Royall Protection 
 and to have an absolute Liberty of presenting their Petitions 
 and Appeals unto your Majesty without the participation or 
 interposition of any Person whatsoever. 
 
 And whereas the Inhabitants do Ukewise complain. That 
 the Owners of Lands in the Bermudas have by Orders from 
 the Company disseized and outed the Planters without any 
 TryaU at Law, Wee have heard what could be said in this 
 case by either Party, And the Company did alleage unto 
 Us, that there is a Power granted unto them by Charter to 
 hear and decide all Differences, and that no Title was ever 
 tryed in those Islands untill the year 1654, at which time 
 they had thought fit by their Order to'constitute a Court of 
 Justice upon the Place, and that they have not only reserved 
 
 * Jfot iji Plantation Begister, 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 869 
 
 unto themselves the Right of Appeales, but of hearing divers 
 cases at the first instance. The Plaintifs on the other side 
 did argue that the obhgations of attending the Company here 
 for the Decision of Differences dos oftentimes turne to their 
 ruine, by reason of the great Expence they are forced to be at 
 in coming so far and the neglect of their Plantations at home. 
 That if after a Tryall at Law in the Island by a Jury (as 
 happens in divers cases) the Company shall continue to take 
 upon them to reverse the Judgment, and to make a different 
 determination here by their owne orders, It will be alwaiea 
 in their power to favor one another, and even to reassume the 
 Lands which they shall have demised to the Inhabitants. 
 Besides, that whereas formerly the whole Company was 
 residing here in England, and that at present Three parts of 
 ffour of them being Inhabitants upon the Place, it is now 
 just and reasonable, that the Judicature should attend the 
 major part of the Company there. 
 
 In consideration whereof, and upon a full debate of the 
 Matter of this Article, Wee are humbly of Opinion, that it 
 dos not appear that the Company have any Power by their 
 Charter to determine matters of Right as a Court of Judicature 
 at the first instance, and that the TryaU of Causes originally 
 by the Company here is illegall and ought not to be continued, 
 and that in case the Parties will not consent to referr the matter 
 of the whole Complaint to the Decision of your Majestys 
 Committee of Plantations, if your Majesty shaU so thinke 
 fit, Wee cannot then but advise your Majesty that the Powers 
 of this Charter be left to a TryaU at Law by a Scire facias or 
 Quo Warranto. 
 
 29" Oct. 79. Radnor, Lauderdale, Bridgwater, Bathe, 
 ffauconberg, Hen. Coventry, J. Ernie, H. Powle. 
 
 ^ [p. 279. H L] 
 
 [CS.P. V. 1184.] 
 
 [1318.] Whitehall, 28 November : 
 
 [On Lord Culpeper's petition] That he might have the Virginia, 
 same Honour and Priviledge that aU his Majestys Lieutenants. 
 
870 ACTS OF THE PRIVY COUNCIL (COLONIAL). il67&. 
 
 Governors Generall and Comanders in Cheif of the Plantations 
 in America, have in respect to his Majestys Commission 
 alwaies enjoyed, of wearing a fHag in the main Top, as soon 
 as he is sayled out of the Limits of the Narrow Seas, It was 
 Ordered . . . That the Commissioners for executing 
 the office of Lord High Admirall of England do forthwith 
 informe themselves, whether any of his Majesties Governors 
 under the same character with his Lordship have actually 
 enjoyed the Priviledge desired by him ; if so, that they give 
 Order for allowing the same to his Lordship. 
 
 [p. 295. H 1.] 
 [CS.P. V. 1195.] 
 [1319.] Whitehall, 28 November : 
 
 Leeward AVhereas there was presented to his Majesty in Councill 
 
 Islands. ii/./->ii t-. 
 
 on the 24th of October last a Report from . . . the 
 Committee . . setting forth among other things. That 
 by reason of the great Provisions of the ffrench in the West 
 Indies, and their biiilding of fforts in their Caribbee Islands, 
 the Terror whereof had very much harassed his Majestys 
 Subjects in the Leeward Islands by their continued Guards 
 and appearing in Armes, which could not be removed, but by 
 building of one good fEort in each of the said Islands, which 
 their Lordships did advise his Majesty for the Safety of those 
 Islands untill further Supplys could be sent thither to enable 
 his Subjects there to build and finish by the appUcation of 
 the Duty of 4 and | per Cent, payable by them for the space of 
 one year, and such longer terme as his Majestys Subjects 
 should need and deserve his Royall Favour and Boimty in 
 that behalf, wherein their Lordships found the more Reason 
 to presse his Majesty inasmuch as by the ungrounded Scruples 
 and Difficultys lately raysed by the ffrench the Negotiation 
 of a Treaty of NeutraUty in those parts first proposed by 
 them between both Crownes had been in a manner frustrated 
 and laid aside, which could not but create just Apprehensions of 
 ffear to the Inhabitants of those Islands, And . . the Treasury 
 having upon his Majestys gracious Reference to them of the 
 
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 871 
 
 said Report, returned their Answer, dated the 10th of 
 November last. That they find the ifarmers of the said Duty 
 wiUing to cause payment to be made within the said Islands 
 of such Summes of Money upon account of the Rent payable 
 by them to his Majesty as his Majesty should thinke fit to 
 be employed for defence of those Places, His Majesty therefore 
 taking into his Royall Consideration the Condition of the said 
 Islands and Safety of his Subjects there inhabiting Is graciously 
 pleased to Order [that the Treasury] take care. That the 
 ffarmers of his Majestys said Duty of 4 and ^ per Cent, do pay 
 or cause to be paid unto Colonel Stapleton ... or his 
 Order the summe or full value of 1500?. sterling out of the 
 said Duty accrewing there, which the said Governor is to 
 employ as he shall find requisite towards the erecting and 
 finishing one good fEort in each of the Islands under his 
 Government. [p. 296. ^ 3.] 
 
 [C.S.P. V. 1194.] 
 [1320.] WhitehaU, 3 December : 
 
 [On Lord Culpeper's petition for permission to stay in town I'ord- 
 some few days before his departure to Virginia for the despatch 
 of his private affairs, it was ordered] That his Lordship have 
 hberty to stay in Towne about his Affaires untill Monday 
 next, and noe longer. And then to proceed forthwith on his 
 voyage to that Government, and of this . . the Com- 
 missioners of the Admiralty are to take notice. 
 
 [p. 302. H 2.] 
 [C.S.P. V. 1201.] 
 
 [On the 10th, it is ordered] that in case the Lord Culpeper 
 doe not goe on board the Oxford frigat now lying in the 
 Downes on fryday Evening next, or before that time. The sayd 
 frigat be then directed by the Commissioners of the Admiralty 
 to come into the River of Thames on Satturday Morning 
 next, without faile or further delay, [p. 310. ][ 2.] 
 
 [C.S.P. V. 1217.] 
 
 [On the 17th], His Majesty in CounciU being informed that 
 the Lord Culpeper has fayled to goe on Board the Oxford 
 
872 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679. 
 
 frigat at the time appointed . . is pleased to direct one 
 of his Majestyes Principall Secretaryes of State, to signifye 
 by Letter unto the Lord Culpeper the High displeasure his 
 Majesty has conceived at this delay and neglect of his Duty, 
 And that his RoyaU Intentions are to appoint another Gover- 
 nour for Virginia unless he doe repaire without further delay, 
 or disappointments on Board the Oxford frigat, as soon as 
 the same shall returne into the Downes according to the 
 Order this day given. His Majesty having likewise thought 
 fitt that the charge of Pilotage accruing to the sayd ship by 
 this disappointment, which his Lordship has occasioned 
 be deducted out of the saUery which shall be payable in the 
 Exchequer for his Government. 
 
 [The order for the Oxford to return to the Downs follows.] . 
 
 [p. 324. r^ 1, 2.] 
 [C.S.P. V. 1231-2.] 
 [1321.] Whitehall, 3 December : 
 
 West Indies Upon reading this day at the Board the Petition of John 
 Braithwayte WiUiam Nightingall, Lewis Rogers, and others 
 Mariners, on behalfe of themselves, and 150 other Mariners, 
 belonging to the ship Thomas and francis whereof George 
 Gallop was Captain, praying that they may have the benefitt 
 of the securityes entred into by the sayd Captain, and John 
 Gallop of Northbowood in Dorsettshire Esqr. his Brother, 
 WiUiam Smith of the Parish of St. Gregoryes in London, 
 Woollen Draper, Charles Ebbington of Pater Noster Row 
 Mercer, and Richard Sandys of the same place Mercer for the 
 recovery of their proportionable shares of the 5000i. of Gold 
 Dust taken in the Susannah of Amsterdam in Holland in 
 her voyage from Guinny to Corrissa in America, by the said 
 Captain George Gallop, and by him carryed into Jamaica, 
 and there condemned as prize. And the sayd Gold since 
 adjudged by the Commissioners of Appeales to belong to the 
 Captors. [The case was ordered to be heard on Wednesday, 
 the 10th instant, at ten in the morning, when all concerned 
 are to give their attendance at the Board.] [p. 304. ^1.] 
 
1679.] ACTS OF THE tKiVY COUNCIL (COLONIAL). 873 
 [1322.] Whitehall, 5 December : 
 
 [His Majesty, approving the orders of 14 March and Virginia. 
 16 April regarding stores for Virginia, is also] further pleased 
 to Order That the Commissioners of his Majestys Ordnance 
 do forthwith putt on board the Oxford frigatt the following 
 proportion of Armes and furniture, to be there dehvered 
 into . . Lord Culpeper, or whom he shall appoint to 
 receive the same for the use of [Virginia] for this present 
 Yeare, vizt. 
 
 Powder . . One hundred Barrells. Shoulder Belts . . One hundred. 
 
 Dragoon Musketts . . One hundred. Cartouch Boxes with Girdles 
 
 Byonetts with Belts One hundred. Two hundred. 
 
 Swords One hundred. French tents furnished . . fifteen. 
 
 [p. 308. K 2.] 
 [C.S.P. V. 1208.] 
 [1323.] Ibid. 
 
 It is this day Ordered in Councill, That the severaU Bundles Committee 
 of Papers concerning Trade and forreigne Plantations lying Plantations 
 in the Councill Office be Lodged in the Office of the Comittee 
 of the Councill for Trade and forreigne Plantations, And that 
 a List of them be left in the hands of the Gierke of the CounciU 
 in wayting. That they may be ready for the service of the 
 Councill and that Comittee upon all occasions. 
 
 [p. 311. H 2.] 
 [C.S.P. V. 1218.] 
 
 [1324.] Ibid. 
 
 [The complaint of the mariners of the TJwrms and Francis ^^ est indies 
 against Captain George GaUop and his sureties for non- 
 performance of a bond of 6,0001. entered into by them for 
 awarding to the ship's company their proportion of the prize 
 taken in the West Indies could not be heard this day as 
 appointed owing to the absence of the mariners counsel 
 Their petition for delay was granted on their paying to 
 Captain Gallop SI. for his charges in attending this day, and 
 the 17th instant was fixed for the hearing of the o-e al 
 parties to attend at ten in the morning.] [p. ^1^- 11 ^-i 
 
874 Acts OF THE PRlVY COUNCIL (COLONIAL). [1679. 
 
 [1325.] Whitehall, 12 December : 
 
 Jamaica. [The Committee report] that they had been presented by 
 
 the Lord Privy Seale with a Bill, which was ready 
 to pass the Privy Seale for a Graunt to One John Bindloss 
 Gentleman of the office and place of Gierke of the Crowne and 
 of the Peace, And also of the Office of Clerke of the Marketts 
 and faires within the Island of Jamaica, to which they had 
 made the objections following : — 
 
 1. First, that there is a plurahty of offices of different 
 nature granted by it to one person. 
 
 2. Secondly, That the sayd Offices are granted to him 
 for Life. 
 
 3. Thirdly, That it is not convenient for his Majestyes 
 service that the sayd Offices be exercised by Deputyes, 
 while the Patentee shall be resideing in England, which 
 they found pursuant to the Earl of CarHsles Instructions, 
 That he should not suffer any person to execute more 
 offices than One by Deputy, And that their Lordships 
 were the more confirmed in their Opinion by the Account 
 they had received of what had been practized in this 
 behaKe within that Island, which is divided into severall 
 Districts in each of which there is a Custos Rotulorum, 
 and that each Custos usually makes the Clerke of the 
 Peace for his owne District, which appeared more usefull 
 for the good Goverment of that Colony, and for rendring 
 the Commander in chiefe, more capable of serveing his 
 Majesty then that the sayd Offices be granted to one 
 person, who carmot well execute so great a trust. 
 
 And their Lordships having thereupon offerred their advice 
 unto his Majesty that the sayd Grant may not take effect, 
 since it could not be, but very prejudiciall to his Royall Service 
 in that Island ; [the report was approved and the Lord Privy 
 Seal directed to take care that the biU do not pass the Privy 
 Seal]. [p. 314. ^j 3.] 
 
 [C.S.P. V. 1223.] 
 
1679.] Acts of the privy council (colonial). 8?5 
 [1326.] Whitehall, 12 December : 
 
 [The Committee having reported their opinion on Bartholo- Virginia. 
 mew Price's petitions for 3001. being three months pay due 
 to Colonel Jefferys, late Lieutenant Governor of Virginia, it 
 is ordered] That Mr. Alderman Jefleryes, in whose hands 
 the sayd 3001. are sayd to remaine doe pay unto Bartholomew 
 Price Esqr. the sayd summe as due unto him in right of the 
 sayd Colonel Jefferyes. But whereas the Lady Berkeley who 
 likewise pretends a right thereunto, as Rehct and Adminis- 
 tratrix of Sir WiUiam Berkeley late Governour in cheife of 
 Virginia may upon her arrivall in England, or application 
 by her Agents here may have something further to offerr 
 in her owne behalf e, then as yet hath been made appeare 
 unto his Majesty, It is further ordered That the said Adminis- 
 trator, or Mrs. JefEryes Rehct to the sayd Colonel Jefiryes 
 shall upon receipt of the sayd 3001. give good and sufSficient 
 security unto the sayd Mr. Alderman Jeffryes to abide his 
 Majestyes finall determination of this matter, if the Lady 
 Berkeley shall thinke fit to prosecute the same. 
 
 [p. 318. U 2.] 
 [C.S.P. V. 1224.] 
 
 [1327.] Whitehall, 19 December : 
 
 Whereas it appeares by the Affidavit of Thomas Miller, CaroUna. 
 That the Petitioner being by comission from the Commis- 
 sioners of his Majestyes Customes appointed Collector of his 
 Majestyes Customes in Albemarle in Carohna, he had gotten 
 into his Custody sundry specialtyes, and other effects of 
 Tobacco received to the Quantity of 8, or 900 Hogsheads, 
 together with sending other European Goods, seized as iUegaUy 
 imported, to the value of 1200?. Sterhng, but that the premisses 
 were snatched out of the petitioners hands, in a BebeUion 
 contrived, carryed on, and headed by Richard forster, John 
 Culpeper, and severall others, and that the sayd John 
 Culpeper, assuming the Title of CoUector of his Majestyes 
 Customes, tooke the same into his Custody, and imbezzeUed 
 great part thereof, if not the whole, and sufierred Vessells 
 
876 ACTS OF THE PRIVY COUNCIL (COLONIAL). [ 1679-80. 
 
 illegally to Trade, and that the sayd John Culpeper being 
 since come into England, is now upon his retxime backe 
 unto some of his Majestyes Plantations in America. [The 
 Admiralty are required forthwith to] give directions to the 
 Comander in Chief e of his Majestyes ships in the Downes, 
 forthwith to cause strict search to be made on board all ships, 
 aswell men of Warr as others, bound to Virginia, or else- 
 where, for the person of the sayd John Culpeper, and him to 
 seize, and send up in safe Custody hither to answer for the 
 above mentioned Crimes and offences. [The Customs are to 
 cause similar search to be made by their officers] in the 
 Westerne Ports, from whence any ships are bound to 
 Virginia, or other his Majestyes American Plantations. 
 
 [p. 330. •[ 3. 
 [C.S.P. V. 1236] 
 [1328.] Whitehall, 19 December : 
 West Indies [The case of the seamen of the Thomas and Francis is 
 referred to Sir LeoUne Jenkins ; and the recognizance entered 
 into by Captain Gallop and his svireties is to be carefully 
 preserved and remain in force for the benefit of the peti- 
 tioners until the case be finally determined.] [p. 333. ^ 2] 
 
 [1329.] Whitehall, 7 January : 
 Barbados. An Act for the better Enabhng the Executors of William 
 
 Plumley Deceased to Sell his Estate for the Payment of his 
 Debts, &c. [Plantation Register I. p. 57.] 
 
 [The title sufficiently explains the contents of the Act. 
 In the printed collections of the Laws of Barbados, the title 
 only is given with the Memorandum — " Obsolete."] 
 
 [1330.] Whitehall, 9 January : 
 
 St. [The Committee present the following letter from Sir 
 
 ns op er. ^^g^j^j Stapleton] : — 
 
 Nevis, the 6th of Oct., 1679. 
 My Lords, 
 
 Since my lines of the 15th July last nothing worth 
 your knowledge offered. But the Seizure and oondem- 
 
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 877 
 
 nation of an English shipp the Edward and William of 
 London, which in no manner transgresse any knowne 
 law Shee Road at the great Salt Ponds upon St. 
 Christophers which Place is as much his Majestys pro- 
 priety as any part of that Island though yet unrestored 
 notwithstanding I often demanded possession of it, the 
 Seizure was made at Sea after shee weighed Anchor, her 
 confiscation is contrary to the Law of Nations, to all 
 Articles of Peace, to the antient and present agreements 
 betwixt the two Nations in those parts. The judgement 
 is grounded only upon an Order or Edict of their King 
 prohibiting all Strangers, shipps to approach his Roades, 
 a Copy of that Order I have sent to your Lordships in 
 my answer to the Inquiries. I have sent an expresse 
 to the fErench Generall to demand the Vessell and goods 
 and to desire a meeting with him amiably to repaire that 
 and severall other greevances. Now my humble request 
 to your honours is for your advice in case of denyall 
 whether I may bee safe in granting the owners Letters 
 of Reprizall for which I am soUicited, I have nothing 
 else to represent to your Lordships soe I presume to 
 
 conclude. 
 
 Your Lordships 
 most obedient and most humble servant 
 
 William Stapleton. 
 
 [On reading the letter, orders were given that Mr. Secretary 
 Coventry represent the facts to the French Ambassador, 
 and direct his Majesty's Envoy at the Court of France to 
 demand speedy reparation in accordance with the treaties, 
 while Sir WiUiam Stapleton is to be informed of these measures 
 and directed to abstain from using forcible means for recovery 
 of the ship until further order.] ^^[P^ 349. t^L] 
 
 [1331.J Whitehall, 14 January : 
 
 [On a representation by the Bishop of London concernmg a.^^eh 
 th^ state of the Church in the Plantations, the Committee n^ntatjo,^, 
 
878 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 are directed to] signifye his Majestys pleasure unto his respective 
 Governors in America that every Minister within their 
 Government be one of the Vestry in his respective Parish, and 
 that no vestry be held without him except in case of 
 Sicknesse, or that after notice of a Vestry Summoned he 
 absent himselfe. [p. 352. ^1.] 
 
 [C.S.P. V. 1264.] 
 
 [1332.] Whitehall, 16 January : 
 
 Virginia. Upon the Petition of Bartholomew Price [concerning the 
 
 arrears due to the late Colonel Jefferys in Virginia [c/. 1324.] 
 it is ordered] that the Gierke of the Council! in Wayting doe 
 forthwith take good and sufficient Security from the said 
 Bartholomew Price for repayment of the said sum m or any part 
 thereof according to his Majestys Directions upon any Deter- 
 mination . . and that thereupon . . . Alderman 
 John JefEereys doe make payment of the said summ of 
 300L to the said Bartholomew Price or his assignes. [The 
 security having been given, order to Alderman Jefferys follows 
 accordingly.] [p- 357. T| 3.] 
 
 [C.S.P. V. 1268.] 
 [1333.] Whitehall, 21 January : 
 
 Bermudas. [The Council approve, and give orders in accordance with, 
 the following report of the Committee] : — Wee have upon 
 a Petition presented in behalfe of the Inhabitants of the 
 Summer Islands called before us that Company, and being 
 attended by Sir Gilbert Gerrard Deputy Governor, Mr. Alder- 
 man Chalenor and divers other members thereof, they have 
 declared unto us that they will wholly rely on his Majestys 
 favor granted to them in their Charter, and submit it to the 
 determination of the law in all differences concerning the 
 said Company ; soe that we are thereupon humbly of opinion 
 that the Order of Councill dated the 12th of November last 
 past be pursued, and that your Majesties Attorney Gtenerall 
 be directed, for the prevention of further differences and 
 Complaints, to bring a Quo Warranto or Scire facias against 
 that Charter bearing date the 29th of June in the 13th year 
 
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 879 
 
 of the Reigne of your Majestys Royall Grandfather, and 
 all other Powers pretended by that Company. 
 
 [Signed by Anglesey C.P.S., Worcester, Bridgewater, H. 
 "^owle.] fp_ 358. ^ 1 ] 
 
 [C.S.P. V. 1277.] 
 
 [1334.] WhitehaU, 28 January : 
 
 [The Council refer to the Committee for examination and New York, 
 report the] Petition of John Ward setting forth That John 
 Winder late of the Citty of New Yorke in America deceased 
 being by obUgation dated 17th July 1674, indebted to the 
 Petitioner the summe of 1601. for payment of 80/. which not 
 being payd in his hfe time, the Petitioner was forced to sue 
 his wife being Administratrix and Marryed to one John Palmer, 
 against whome hee obteyned Judgement in the Mayors Court 
 of the said Citty upon a full Tryall and hearing all the Proofs 
 and allegations could then be produced by the Defendants 
 notwithstanding all which they appeal'd from the said Sen- 
 tence to the Generall Court of Assizes where without giving 
 a Security pursuant to His Royall Highnesse's Laws, and upon 
 a bare circumstanciall allegation of the Defendants the said 
 Judgement was Revers'd, the Principall with interest being 
 allowed, Deducting the summe of 62/. 2s. lOd. aUeadged 
 to be payd in part of the said Bond, with an allowance to 
 the Petitioner to appeale to his Majestic in CounciU, for 
 doing which hee hath given Security according to the direc- 
 tion of his Royall Highnesse's Laws And that the Petitioner 
 having positive proof to make it appear the said 62/. 2s. lOd. 
 was not payd in part of the said Bond, But upon account of 
 an other Debt not relating to it, And praying that his Majestie 
 would be pleased to hear the truth of the said matter, and 
 if it appear that the Petitioner is unjustly molested that he 
 may have his judgement and such sufficient Damages in Ueu 
 of his charge and trouble as his Majestie shall judge fit. 
 
 [p. 371. H 1.] 
 [C.S.P. V. 1283.] 
 
880 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 [1.335.] Whitehall, 28 January : 
 Virginia. Upon reading this day at the Board the humble Petition 
 
 of John Thornbush and John Kent in behalf of themselves 
 and the rest of the owners of the severall ships Employed 
 for the transporting of soldiers from Virginia, setting forth 
 that the Petitioners ships were Imployed by Collonel Jeffreys 
 to bring from Virginia to England severall Soldiers and agreed 
 with the said Collonel (according to his Certificate Directed 
 to the Principall Officers and Commissioners of his Majestys 
 Navy) to be payd at the Navy board from whence the 
 Petitioners were directed to apply themselves to the Com- 
 missioners of the Admiralty who tells them they cannot Order 
 the Petitioners their Mony in regard it is land Service And 
 Praying that his Majestic would be pleased to Order that their 
 money be paid them for bringing home the said Soldiers, 
 [the matter was referred to the Treasury to do therein for the 
 petitioners' relief what their Lordships shall think best]. 
 
 [p. 371. H 2.] 
 [1336.] Ibid. 
 
 West Indies. [The Council approve, and give orders to Mr. Secy. Coventry 
 in accordance with the report of the Committee] that they 
 had received an account from the Earl of Carlisle Governor 
 of Jamaica by Letters dated the 15th of September last of 
 the hardships the English have suffered in those parts from 
 the Spanyards who had lately taken many of their ships 
 having Logwood and Cocoa on board, And that one Paul Abney 
 Master of a sloop belonging to Port Royall had lately with 
 his Sloop and Passengers been taken prisoner by a Spanish 
 Ship of Warr under the Command of the Vice AdmiraU of 
 Cartagena, who plundered their Sloop having only Cocoa on 
 board ; And that upon producing his Lordships Lett-pass 
 the Vice Admirall used it most scornfully and threw it him 
 again, converting the goods taken from on board to his own 
 use, and forcing the Master to signe a receipt of having received 
 mony for the same, when indeed he had not, or else not to 
 t)e discharged, as also that the said Paul Abney had made 
 
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 881 
 
 Oath that at the same time when he was on board the Vice 
 AdmiraU he saw there five other Masters of ships belonging 
 to Jaraaica that had been lately taken by the Spanyards and 
 were there prisoners and one of them in Irons having brought 
 with him letters from them to their severall relations in that 
 Island, wUh complaints of the Spanyards barbarous usage 
 of them, And their Lordships offering their opinion that the 
 said Representation might be made unto the Spanish 
 Mimster residing here, and orders hkewise sent to his Majestys 
 Envoy m the Court of Spayne to demand satisfaction for the 
 before mentioned injuryes and Sufferings of the English by 
 the Violence of the Spanyards in the West Indies and par- 
 ticularly to expostulate with that Court for the Imprisonment 
 of his Majestys subjects and the seizure made by the Spanyards 
 of Logwood, Cocoa and other Commodityes found on board 
 EngUsh Vessells, which hardships are not only contrary to 
 the Rules of Common friendship but to the expresse Articles 
 of the Treaty of Madrid concluded with that Crowne for com- 
 posing differences and Estabhshing a Peace in America which 
 his Majesty has continually endeavoured to cultivate by the 
 most particular and pressing Orders to his Governors Com- 
 manding them punctually to observe all the Articles of the said 
 Treaty and take care that no occassion of offense or Complaint 
 might be given to the Spanyards, which Marks of recipricall 
 Amity and kindnesse his Majestie may justly expect from 
 that Crowne. [p. 31 i. ^1.] 
 
 [C.S.P. V. 1282.] 
 [1337.] Whitehall, 4 February : 
 
 Whereas by Order of this Boord of the 19th of December C^arolina. 
 last, John Culpeper was seized and sent up hither for divers 
 seditious and treasonable Practises carried on by him and 
 others in the Province of CaroUna, and being this day called 
 in and examined touching the same, It was Ordered by his 
 Majesty in CounciU That the said John Culpeper be con- 
 tinued in the custody of the Messenger, And that 
 
 Gillam who is under suspicion of having some hand in the 
 
 56 
 
882 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 Nevis. 
 
 aforesaid Actings do forthwith enter into 2001. Bond to give 
 his Attendance at the Councill Boord from time to time untill 
 he shalbe discharged. [p. 378. ^ 3.] 
 
 [At the same time the Committee are directed to meet at 
 10 on Saturday morning to make an investigation into Cul- 
 pcper's rebellion. The Proprietors of the colony are to attend 
 by themselves or their Agents and furnish an account of what 
 has passed within the said province with an authentic copy 
 of their charter.] [p. 379. ][ 1.] 
 
 [C.S.P. V. 1285.] 
 
 [1338.] Whitehall, 6 February : 
 
 . Richard Pope and Ralph ChfE of the City of Bristoll 
 Merchants Owners and ffreighters of the ship Prince of the said 
 City, setting forth. That the said ship in her Returne from 
 Nevis was seized by an Algerine Man of Warr, who tooke 
 out of her all her Men, and put on board Eight or Ten 
 Turkes and Two Renegados to carry her to Algier, but being 
 driven on shoar near the Port of TraUy in Ireland about the 
 first of January last, She with her Lading and the said Turkes 
 are still remayning Prisoners under his Majestys Power, and 
 his Majestys Subjects making Spoyle thereof under pretence 
 of his Majestys Authority, And therefore Praying Orders may 
 be sent for preserving the said ship and Goods from further 
 Spoyle, and that the same may be restored to the Petitioner 
 together with the said Turkes and Moors and recompence 
 of their great Losse. [The petition with copies of the 
 information relating to the matter lately transmitted from 
 the Lord Lieutenant and Council of Ireland are referred to 
 Sir Leohne Jenkins, for an opinion thereon], [p. 380. ][ 2.] 
 [In accordance with this opinion, order is given on the 
 1 1th for restoring without salvage or other rights of Admiralty 
 the vessel and what is left of her lading.] [p. 386. If 1.] 
 
 [1339.] Ibid. 
 Newfound- [The business of the Newfoundland fishery is appointed 
 to be heard by the Council on the 11th instant at three in 
 
1680] ACTS OF THE PRIVY COUNCIL (COLONIAL). 883 
 
 the afternoon. The Admiralty are then to report] such 
 Informations as they have received from the last Convoyes 
 sent to those parts, and particularly the Answers to the 
 Enquirys transmitted to that Boord by Order of the Com- 
 mittee of Plantations in May last, which were deUvered to 
 the said Convoyes touching the present state of that Colony 
 and ffishery. [p. 382. T|«I| 3-4.] 
 
 [On the 11th the Committee are instructed on consideration 
 of the reports relating to Newfoundland, to prepare proposals 
 for the more due and orderly regulation and settlement of 
 the fishery and colony there, and to present the same to 
 the Council.] [p. 385. ^ 1.] 
 
 [1340.] Whitehall, 11 February : 
 
 [As it appears from a report of the Committee], that John Carolina. 
 Culpeper is guilty of Treason in abetting and encouraging 
 a RebeUion in Carohna, ffor which he stands committed 
 Prisoner to Newgate, [aU the informations against him are 
 to be delivered to the Attorney General for his prosecution. 
 There follows a warrant for the commitment of Culpeper 
 to Newgate (dated 12 February)]. [p. 387. Iffl 2-3.] 
 
 [1341.] WhitehaU, 14 February : 
 
 [On the report of Sir LeoHne Jenkins that the Lords West Indies. 
 Commissioners of Appeals had in December 1675, on the 
 appeal of his Majesty's Proctor, affirmed his award to the 
 captors of the negroes taken in the Susarma ; but that they 
 had not yet heard the appeal of the captors from his award 
 to the Crown of the ship and the remainder of the ladmg.] 
 
 [The Commissioners of Appeals are accordingly] desired to 
 
 meet forthwith and finish all matters depending before them 
 
 by way of Appeale, and particularly this Busmes. . . • 
 
 ^ -^ ^^ [p, 389. H 1.] 
 
 [1342 ] Whitehall, 20 February : 
 
 Charles Kirby Merchant his Majestys naturaU borne H-t;ti°n 
 Subject, setting forth. That the Ship Charles of London. 
 
884 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 Burthen about 130 Tons belonging to the Petitioner and 
 his Brother, and whereof one Joseph Zoby of Geneva was 
 Supra Cargo was forced in her Voyage from Amsterdam to 
 the West Indies in August 1678 to put into Rio de Plata, near 
 the Towne called Buenos Ayres to take in Provisions, without 
 designe of trading in any manner, [and was there forcibly 
 seized by Spaniards, on the pretence that] the said Joseph 
 Zoby being a ffrenchman, the same were forfeited notwith- 
 standing she had a Passe from the Lords Commissioners 
 of the Admiralty, [application for the petitioner's relief was 
 directed to be made to the Court of Spain by Sir Henry 
 Goodrich and through the Spanish Ambassador in London.] 
 
 [p. 395. If 1]. 
 
 [1343.] Whitehall, 27 February: 
 
 St. [The Council refer to the Treasury! the humble Petition of 
 
 Christopher ■- •' ■' 
 
 Sir Charles Wheeler Bart. Prajdng for severaU Reasons alleaged 
 in his Petition, That his Majesty would be pleased to Order 
 the dehvery up of a Bond of 8001. by him entred into for the 
 payment for One Hundred Muskets received out of his 
 Majestys Stores in the Tower for the Service of the Leeward 
 Islands, when the Petitioner was employed to receive his 
 Majestys Half of the Island of St. Christophers from the 
 ffrench, Or that Processe against him upon the said Bond 
 may be stayed, and the Petitioner heard concerning the 
 same at this Boord. [p. 408. Tf 5.] 
 
 [1344.] Whitehall, Tuesday morning, 9 March : 
 
 New York. [On hearing parties in John Ward's appeal against a judg- 
 ment given against him in the Court of Assizes 1-3 Oct. 
 1679 in New York, it was ordered] That the sentence . 
 against the Appellant John Ward be and it is hereby 
 repealed, and made void, and that the Judgment granted in 
 the Mayors Court of the Citty of New Yorke on the 22nd 
 of July last, according to the Declaration upon the Bond in 
 behalfe of the Appellant, be, and it is hereby Ratifyed, and 
 
16S0.] ACTS 01^ THE PRIVY COUKClL (COLONIAL). 885 
 
 affirmed : And all officers, and others whom it may concerne 
 are hereby required to put the same forthwith in execution. 
 
 [p. 425. II 1.] 
 
 [1345.] WhitehaU, Tuesday morning, 9 March : 
 
 [The Committee of InteUigence* having reported] That they West indies 
 had considered the petition of the Royall Affrican Company, 
 praying his Majesty to renew his Letters to the Governors of 
 Barbadoes, Nevis, and Jamaica, strictly commanding the 
 observance of his Majestys Charter to that Company, And 
 his Majestyes late Proclamation in pursuance thereof, and 
 were of opinion that such Letters might accordingly be pre- 
 pared and sent, [letters are thereupon ordered to be sent, 
 enforcing former directions] and takeing notice of their 
 neglect herein, . . . and also requiring the Governour 
 of the Leeward Islands to examine the Ryotous proceedings 
 of severall persons upon the Island of Nevis, and to transmit 
 an Account of it to his Majesty that they may be proceeded 
 against according to Law. [p. 426. If L] 
 
 [1346.] WhitehaU, 2 April : 
 
 [In the case of the Susanna\ now depending before the West Indies. 
 Lords Commissioners of Appeals in cases of Reprizall, His 
 Majesty in Councill is graciously pleased in Consideration of 
 the good Services of the Captors, and for encouragement of 
 seamen for the future. To give and grant aU His Right, Title, 
 and Interest in the said Gold to the Captors of the said ship 
 Susanna. [f- 466. ^f 5.] 
 
 [1347.] Ibid. 
 
 Wheras it has been represented in behalf of the Dutch West West Indies 
 India Company and the executors of Balthazar de Rue 
 concern'd in the Negros seized on board the Golden Sun in 
 the year 1677, That Sir Thomas Modiford their late Atturney 
 and Procurator [is dead,] The said West India Company 
 
 * Appointed on 22 April 1679 "for _the opening, and considering all 
 advices as well forreigne, as Domestique." 
 
886 ACTS Of THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 and Executors of Balthazar de Rue humbly desire that Sir 
 Charles Modiford Baronet Hender Molesworth and Francis 
 Hanson Esqrs. being by them appointed to be their Attumeys, 
 and Procurators, His Majesty would be pleased to renew 
 his orders to the Earle of Carhsle or the Comander in Cheif of 
 Jamaica for the time being to the end the said Bond may 
 be delivered up to them and the proceedes of the said negros 
 duely recovered. It is thereupon Ordered in Councill that . . 
 assoone as the Evidences making out the Right of the said 
 [Company, and Executors] in the said Negros shall be 
 lawfully produced by Sir Charles Modiford Bart. Francis 
 Hanson and Hender Molesworth Esqres or either of them 
 jointly or severally, Then the said Bond entred into by the 
 said Richard Braine, Judge Admirall of Jamaica and others 
 for restitution of the said Negros unto the Right Owners be 
 forthwith deHvered up unto the said Procurators or any of 
 them, all reasonable charges expended upon accompt of the 
 said Negros being first satisfied unto such to whom the same 
 shall appear to be due, according to such Regulation and 
 agreement as his Lordship shall direct. [The Committee] 
 are hereby ordered to signifie unto the Earle of CarUsle or the 
 Comander in cheif of Jamaica for the time being, his Majestys 
 pleasure herein. [p. 467. Tj 1.] 
 
 [1348.] Whitehall, 5 April : 
 
 Jews in the Wheras Moses his Kia uh de Mercado, Solomon Mendez 
 Sereno, Jacob vas Martines, Isaac Coronel, Benjamin Nunez 
 Pauia, Jacob Pachew, and Daniel Mendez . . . have 
 set forth that being ahens, and designing to transport them- 
 selves into some of his Majestys plantations there to settle, 
 They obteined his Majestys warrants for passing letters 
 Patents to make them free Denizens. And wheras they finde 
 that according to some Rule a Clause must be inserted in 
 their letters Patents obhging them to reside in England, whidh 
 will frustrate their designe of setKng in his Majestys Plan- 
 tations, They humbly pray that the said clause may be 
 
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 887 
 
 enlarged to any other of his Majestys Dominions • fthe 
 petition IS referred to the Committee for examination and 
 
 '"P"'*^- b. 470. 11 1.] 
 
 [1349.] Whitehall, 7 April : 
 
 [An order to the Commissioners of the Treasury to pay to Carolina. 
 Thomas Miller, Henry Hudson, John Taylor, Solomon Summers 
 and Peter Bunkenell, witnesses against one Culpeper who is 
 to be tried for high treason, ten shiUings a week each for 
 their subsistence till the said trial is over.] [p. 472. ^ 1.] 
 
 [1350.] WhitehaU, 14 AprU : ' 
 
 Upon a debate this day had at the Boord concerning the Newfound- 
 Fishery and Colony of Newfoundland, His Majesty was'^'"'- 
 pleased to Order, and it is herby Ordered that . . the 
 Committee . . do signifie unto the Magistrates of such 
 Townes in the West of England as are cheifly concern'd in 
 that Trade, That his Majesty intending to settle a Governor 
 and erect a Fort in New found Land for the preservation of 
 his Majestys soverainty and good of the Fishery, They do 
 therfore transmit unto the Boord their opinions in what 
 manner and under what Regulations such a Governor may be 
 setled in New found Land, And that they appoint such Agents 
 or Correspondents as they shall think fit, to attend the 
 Committee ... on the 10th of October next with their 
 said Opinions or what else they can offer for the benefit, 
 and security of that Trade. [p. 475. ^ l.j 
 
 [1351.] Ibid. 
 
 The petition of Solomon Summers of Carolina was this Carolina. 
 day referred to the Lords Commissioners of the Treasury. 
 
 [p. 476. If 6.] 
 
 [1352.] Whitehall, 5 May : 
 
 . The humble Petition of William ffreeman Esqr Leeward 
 in behalfe of Sir WiUiam Stapleton ... is referred ^''''"'*'- 
 and recommended to [the Treasury] to take such speedy 
 care therein as the urgency of the affaire doth require to 
 prevent any inconvencyes that may Otherwise happen to 
 His Majesties Service, [?• 497. ^ 1.] 
 
888 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680. 
 
 [1353.] Whitehall, 5 May : 
 Surinam. [The Committee report] : — Wee have received a Letter dated 
 
 7th of ffebruary last from Sir WiUiam Stapleton .... 
 informing us that the Deptford Ketch is returned from 
 Surinam with one hundred and two persons blacks and whites 
 who are now upon the Island of Antego ; and that the Dutch 
 Governor wiU not permit any more to come away without 
 Orders and Instructions from the States. Wherefore he 
 earnestly desires that the same may be procured which will 
 not only be a great favour to your Subjects there as Sir 
 William Stapleton expresses, but very much advance the 
 settlement of that Island which in three or four yeares, will 
 exceed any of the Leeward Islands, and add considerably to 
 your Majestys Revenue. For which Sir William Stapleton is 
 more solicitous, in as much as the poor people are ready to 
 starve there, and are exposed to be murthered by the Indians 
 as severall of their Countrymen have been as is by him alledged. 
 Wee have hereupon reviewed what hath passed in relation 
 to the Enghsh of Surinam ; and although wee do not find 
 that the Dutch are directly obUged to permit the Enghsh 
 to withdraw themselves whensoever your Majesty shall 
 desire it. Yet in respect of the miserable condition they are 
 sayd to be in. Wee humbly offer Our opinions that appUcation 
 may be made to the States Generall by the Dutch Ambassador 
 residing here and your Majestys Envoy in Holland, that 
 they would by Orders and Instructions to their Governour, 
 suffer the English to transport themselves into some of your 
 Majestys Plantations in such manner as formerly,* since by 
 their stay in Surinam they are in continuall apprehension and 
 danger of being famished, or butchered by the barbarous and 
 inhuman Indians. 
 
 [The report, signed by Radnor, J. Bridgewater, and L. 
 
 Hyde, was approved, and appUcations ordered to be made 
 
 to the States General by the two channels indicated in the 
 
 report.] [p. 298. TJ 2.] 
 
 [C.S.P. V. 1351.] 
 
 * " in such manner, and in such Conditions as was granted to them in 
 the ^eore 1675 " are the words in the Order following the report, 
 
( 889 
 
 APPENDIX. 
 
 Not only did the Council sometimes meet in secret session, 
 to which the Clerk was not admitted, but matters were 
 sometimes discussed at ordinary meetings of which no record 
 appears in the Register, and of which we learn elsewhere. 
 The following list includes such extra Orders in Council as we 
 have found relating to Colonial matters. With few exceptions 
 they are of small importance. 
 
 (1) Calendars of State Papers (America and West Indies) : 
 Vol. I., p. 37, 2 Feb., 1623 ; p. 174, 4 Feb., 1634 ; f. 197, 
 
 ^ 49.i. ; 29. 211, 2 July, 1635 ; p. 217, 27 Dec, 1635 ; 
 j>. 242, 11 30.i. ; p. 273, 6 May, 1638. Vol. II., 97, 233, 
 332, 344.1., 1402. Vol. IV., 528.i., 730, lOlS.vu., 1189. 
 Vol', v., lO.i., 492, 497, 518, 700, 701, 702, 940, 
 1020-3, ' 1074, 1078, 1086, 1125, 1176, 1192, 1193, 
 1220-2, 1237, 1265, 1321. 
 
 (2) Reports of Historical Manuscripts Commission : 
 Fourth Report, v 51, Order of 11 Feb., 1641, re 
 
 Earl of Carlisle, f. 53, Order of 19 Feb., 1641, re 
 Roger North, f. 237, Orders of 8, 17, 24 Oct. 1623, 
 and 22 July, 1634, re Virginia and Barbados, p. 312, 
 Order of 30 July, 1621, re tobacco. 
 
 Seventh Report, v 671, Letter of 22 Feb. 1615, re Virginia 
 lottery. 
 
 Eighth Report, Appendix I., V 229, Order of 28 Sep., 
 1628, to College of Physicians. Appendix II., V 40.A., 
 Orders of 21 and 28 April, 1623, re tobacco. ^^ 
 
890 APPENDIX. 
 
 Twelfth Report, Appendix I., p. 337, Letter of Baltimore 
 of Jan. 16, 1628. 
 
 Thirteenth Report, Appendix IV., f. 437, Letter of 
 22 Feb., 1615, re Virginia lottery. 
 
 (3) British Museum, Egerton MSS., 2543 §. 205-205b. 
 Order of 31 Jan., 1668, similar to that of 12 Feb., 1668. 
 [747.] Given in full in Andrews, op. cii. 
 
 (4) William Bradford, History of Plymouth Plantation, 
 pp. 289-90. (Original Narratives of Early American History. 
 1908.) Order of 19 January, 1633, re New England. 
 
(891) 
 
 INDEX. 
 
 Abney, Paul, 1336. 
 Abroy, Matthew, 466. 
 Acadia. See Nova Scotia. 
 Accomack, 1029, 1186. 
 Acrod, John, 514. 
 Adam and Eve, 1183, 1186. 
 Adams, William, 661. 
 Adderton, Damaris, 217. 
 Adgate, Francis, 1166. 
 Admiral, Lord High, 4, 15, 18, 29, 
 185-6, 209, 646, 659, 675(5), 681, 
 916, 1091. See also Buckingham, 
 Duke of ; Nortliumberland, Earl 
 of; York, Duke of. 
 Admiralty, Court of, 1, 2, 4, 76, 8.J, 
 84, 180, 193, 196, 231, 248, 259, 
 560, 578, 580, 582-3, 867, 898, 
 1008, 1056, 1138, 1185, 1225, 1237, 
 1272, 1287, 1341. 
 Court at Calais, 954. 
 Coiu-t of, at Havana, 1164. 
 Court of, in Jamaica, 1308. 
 Court for St. Kitts, 1148. 
 Judge of, 4, 15, 18, 67, 243, 684, 
 687, 912, 953, 1017, 1075, 1093. 
 See also Martin, Sir Henry ; 
 Exton, Sir Thomas ; Jenkins, Sir 
 Leoline. 
 Lords Commissioners of, 253, 292, 
 986, 989, 994, 1008, 1027, 1049, 
 1087, 1103, 1106, 1130, 1136, 
 1186, 1204, 1208, 1238, 1256, 
 1268-9, 1286, 1306-7, 1318, 1321, 
 1335, 1339, 1342. 
 MarshaU of, 239, 280. See also 
 Smith, Solomon ; Marsh, Gabriel. 
 
 Adventure, 722, 723(13), 727, 1134. 
 Advocate, His Majesty's, 747. 
 Adys, Henry, 570. 
 
 , Mary, 570. 
 
 , Sarah, 570. 
 
 , Timothy, 570. 
 
 Afflett, Anne, 570. 
 
 , Richard, 570. 
 
 , Susan, 570. 
 
 Africa, Royal Company of, 723(12), 
 755, 1238(7), 134.5. 
 disputes with Barbados, 626, 629, 
 
 865, 872, 931, 1100. 
 infringements of monopoly of, 674, 
 692, 745, 1011, 1013, 106S, 1102, 
 1112, 1121, 1131. 
 negroes for Spam'sh Indies, 587, 
 672, 1054. 
 Agnew, David, 755. 
 Albanell, Charles, » Jesuit, 1057. 
 Albany, 842, 1212, 1214. 
 Albemarle (Ca.), 1327. 
 Albemarle, Christopher, Duke of, 
 P. 819 
 
 . George, Duke of, 488, 491, 509, 
 
 513-4, 604, 610, 614, 623, 636, 
 654, 664, 723(10), 813, 821. 
 Alexander of Bristol, 690. 
 Alexandria (N.S.), 835. 
 Algier frigate, 854. 
 Alexander, Sir WiUiam. See Stirling, 
 
 Earl of. 
 Algiers, 491, 1152, 1256. 
 
 pirates from, 885, 894, 949, 958, 
 1238(1), 1248, 1266, 1278, 1289, 
 1338. 
 Alicante, 663, 1069. 
 Alington, W., 917. 
 Alises, Eliz., 690. 
 
892 
 
 ESTDBX. 
 
 Allen, of Poole, 702. 
 
 Allen, Sir Thomas, 885, 894. 
 
 — — . Thomas, 429. 
 
 , WiUiam, 429, 479. 
 
 Amazon, river, 34-7, 39, 47, 54^8, 
 
 67-9, 72-3, 232. 
 America of London, 311, 312, 314. 
 America, Commissioners for his 
 
 Maje.sty's affairs in, 758. 
 Corporation for propagating the 
 
 Gospel in, 493. 
 passes to travel in, 386, 389, 482. 
 plantations, licence to export cheese 
 
 to, 464. 
 plantations, rules for passes to, 1123. 
 plantations, economies in govern- 
 ment of, 1277, 1288. 
 Amity, 470, 651, 766. 
 Amsterdam, 133, 560, 819, 823, 842, 
 
 850, 897, 901, 906, 1093. 1211, 
 
 1242, 1246, 1321, 1342. 
 Amys, William, 1047. 
 Anderson, Lancelot, 722. 
 Andrews, Captain Peter, 270, 339-40, 
 
 350, 354. 
 
 , Samuel, 1238(7). 
 
 , William, 341. 
 
 Andros, Sir Edmimd, 795-6, 947, 
 
 1013, 1212, 1214. 
 Angell, George, 837. 
 Angier, John. 938. 
 Anglesey, Earl of, 513-4, 522, 529, 
 
 536, 556, 572, 693, 735, 747. 913, 
 
 1028, 1134, 1148, 11.59, 1169, 1198, 
 
 1216, 1221, 1237, 1244. 1275, 
 
 1284, 1293, 1333, p. 819. 
 Anguilla, 854, 940, 981. 
 Anne. 138, 157, 162(9), 640, 678, 684, 
 
 1102. 
 Anne and Elizabeth, 280. 
 Anne and Grace, 1238(5). 
 Anne and John, 444. 
 Annesley, Arthur, 484, 488, 491. 
 Antelope, 1283. 
 Antigua, governor of. See Bunckley, 
 
 John, Warner, Colonel Philip. 
 Antigua, 755,950, 1038(1), 1041, 1062, 
 
 1064, 1112, 1137, 12,30, 1353. 
 
 Antigua — cant. 
 
 Acts approved, 653. 
 report on, 852. 
 account of, 854. 
 
 A,niigua Merchant, 988, 1112. 
 
 Antonia, Francisco, 1152. 
 
 Antrobus, William, 514. 
 
 Appleby, Francis, 651. 
 
 Appomattox, Indians, 1169. 
 River, 336. 
 
 Ap.sley, Sir Allan, 131. 
 
 Archangel Michael, 204. 
 
 Archdale, John, 888. 
 
 Archer, Joseph, 837. 
 
 Argall (Sir Samuel), 5, 6, 45, 274, 399. 
 
 Ark, 138, 322. 
 
 Arle (Gloucestershire), 337. 
 
 Arlington, Henry Bennet, Lord, 505, 
 587, 610, 667, 676, 693, 708, 740-1, 
 743, 747, 753, 760, 779, 785, 787, 
 814, 822-3, 826, 868, 873, 887-8, 
 898, 905, 908, 912-4, 928, 933, 
 955, 958, 960-1, 964-6, 970, 972-3, 
 979, 984, 996, 1002, 1007, 1017, 
 1031, 1048, 1051, 1250, 1284, 1293, 
 p. 819. 
 
 Arman of Souder, 975. 
 
 Armiger, Jeremiah, 894. 
 
 Arundel, Thomas Howard, Earl of, 
 34, 37, 43, 65. 
 
 Ashall, Richard,, 979. 
 
 Ashley, captain, 950. 
 
 , Edward, 286, 289. 
 
 , Lord. See Shaftesbury. 
 
 Ashne<» John, 213. 
 
 Ashurst, Henry, 514. 
 
 Asia, 1225. 
 
 Aston, Walter, Baron, 417. 
 
 Atherton, Major, 1234. 
 
 Atkins, Sir Jonathan, Governor of 
 Barbados, 1013, 1037, 1039, 1043, 
 1063-5, 1100, 1102, 1107, 1114, 
 1120-1, 1133, 1139, 1144, 1166, 
 1171, 1225, 1298. 
 
 Attorney General, 20, 89, 115, 117-9, 
 122, 150, 190, 198-9, 248-9, 251, 
 254-5, 258, 263, 286, 289, 291, 
 296-8, 301, 320, 323, 366, 375-6, 
 
fNDEX. 
 
 893 
 
 Attorney General — cont. 
 
 384, 395, 403(12), 420, 435, 460, 
 475, 490, 493, 498, 503 note, 506-7,' 
 510, 514, 562, 572, 581, 594, 599^ 
 603-4, 624, 711, 719, 747, 915,' 
 923, 952-3, 982, 1011, 1023, 1029, 
 1031, 1035, 1039, 1042, 1045, 1067^ 
 1078, 1089, 1117, 1121, 1181, 1333, 
 1340. 
 
 Attye, Charles, 298. 
 
 Atwell, Thomas, 275. 
 
 Aveiro (Portugal), 760. 
 
 Aylesbury, Robert, first Earl of, p. 703 : 
 1237, 1245-7, 1250. 
 
 Ayleway, Robert, 1309. 
 
 Ayres (Eyres), Thomas, 391, 418, 422, 
 441, 462. 
 
 B. 
 
 Baas, Monsieur de, 898, 908, 1017, 1051. 
 Bache, Captain Samuel, 1026. 
 Bachelor, 700, 703, 857, 862, 881, 900, 
 
 986, 989, 999, 1008, 1015, 1022, 
 
 1290. 
 Bacon, Nathaniel, 633, 1094-5, 1097, 
 
 1167-8, 1178, 1186, 1190, 1192, 
 
 1197-8, 1250, 
 Bagge, Sir James, Vice Admiral of 
 
 Devon, 57, 138, 269-71. 
 Bagnall, Francis, 837. 
 Bahama Islands, 1016. 
 Bahama Merchant, 1016. 
 Bailey, John, 464. 
 Baillon, Francis, 975. 
 Baines, Commissary, 993, 998, 1028, 
 
 1034. 
 Baker, John, 279, 285. 
 Baldwin, Captain Frank, 275. 
 
 , Mr. Serjeant, 1296. 
 
 Ballard, Colonel, 1250. 
 
 Baltimore, George, first Lord, 15, 43, 
 
 122, 222, 315, 317, 322. 
 . Cecil, second Lord, 403(10), 437, 
 
 473, 532, 565-6, 578, 609, 627, 
 
 636, 642, 729, 733, 765, 774, 782, 
 
 828, 896-7, 904, 1094, 1196. 
 Banckerts (Bancasse), Admiral, 986. 
 
 Bancks, Christopher, 275. 
 
 Bandinell, Thomas, 926-7. 
 
 Banister, Alexander, 653. 
 
 , Sergeant Major James, Deputy 
 
 Governor of Surinam, 809, 810, 849. 
 
 Bannatyne, Averina, 698. 
 
 . Hillyard, 698. 
 
 , Robert, 698. 
 
 Banner, Richard, 1295. 
 
 Barbados, 292, 476, 485-6. 505-6, 
 524, 543, 558, 568-9, 574, 576, 
 590-1, 596, 622, 624, 630, 648, 
 656-7, 660, 662, 665, 668, 675, 
 683, 685, 691, 694, 696, 700, 702, 
 704, 706, 708, 72,3-4, 728, 743, 
 744. 746, 748, 750, 759, 763, 766, 
 772, 783, 794, 817, 823, 841, 843, 
 856-7, 862, 864, 876, 890, 898, 
 901, 906, 921, 941, 948, 952-3, 
 959(2), 973, 1006, 1038, 1062-3, 
 1064, 1098, 1107, 1114. 1120, 
 1144, 1148, 1171, 1225, 1228, 
 1238(5), 1281, 1292, 1304, 1313. 
 Assembly of, 448, 840, 852, 930-1. 
 
 1044, 1100. 
 Governor of, 357, 370, 382, 509, 
 595, 701, 703, 813, 922, 930, 931. 
 5ce abo Walrond,H.; Willoughby, 
 Francis Lord; Willoughby , William 
 Lord; Hunoks, Sgt. -Major; Cod- 
 rington. Col. Christopher, 
 disputed estates in, 449, 477, 540-1, 
 
 584, 688, 698, 805, 877, 1166. 
 4i per cent, duty in, 652, 775, 784, 
 786, 792, 830, 832, 836, 852, 859, 
 878, 881, 895, 900, 907, 930, 992, 
 1280, 1282, 1290, 1298, 1311. 
 disputes with Royal African Com- 
 pany, 626, 629, 674, 745, 865, 872, 
 931, 1102, 1121, 1343. 
 stores for, 447, 459, 647, 789-90, 
 
 1133, 1139. 
 horses sent to, 533, 588, 738, 870, 
 
 880. 
 troops in, 741, 786, 793, 795-6, 840, 
 874, 884, 907, 910, 947-8, 956, 
 998, 1034, 1099, 1240, 1258. 
 bank in, 557. 
 
894 
 
 INDEX. 
 
 B arbados — cont. 
 
 protection for ships trading to, 
 
 642. 659. 
 fire at Bridgetown, 778. 784. 
 Acts complained of by farmers of 
 
 the 4 J per cent, duty, 1298. 
 establishment for, 1288. 
 report on, 852, 854. 
 slave-trade at, 560, 587, 672, 852, 
 
 1065. 
 Jews in, 869, 875. 
 delay of justice in, 595, 629. 
 transportation of Quakers to, 651. 
 defenceless condition of, 784, 1135, 
 
 1139. 
 Acts approved, 653. 1249, 1296-7, 
 1329. 
 Barbados Merchant, 668. 
 Barbary, 958. 
 Barbuda, 150, 854. 
 
 Bargrave, John, Adventurer to Virginia, 
 86, 90, 92-4, 97. 
 
 , Thomas, 675(1). 
 
 Barker, John, 402. 
 
 , Stephen, 314. 
 
 , WiUiam, of Virginia, 295, 314. 
 
 . William, 1067. 
 
 Bamaby, Mrs., 275. 
 Barnes, Anne, 1172. 
 
 , John, 1122, 1172. 
 
 , master of the Neptune, 328. 
 
 , Thomas, 244. 
 
 Barnstaple, 31, 46, 74, 135, 140, 271, 
 323-4, 465, 612, 672 (2) and (6), 
 879, 891, 915. 
 Baron, George, 1238(2). 
 Barr, John de la, 287-8. 
 
 , Peter, 886. 
 
 Barre, de la, Sieur, commanding for 
 
 I'rance in St. Christopher, 838. 
 Barret, Walter, a Bristol merchant, 
 
 356, 413. 
 Barrett, Captain James, 995, 1099, 
 
 1228, 1240, 1280. 
 Barrey, James, 535. 
 Barron, Abraham, 643. 
 Barry, Capt. Samuel, 499. 
 Bart, Jasper, 988. 
 
 Bartlet, Robert, 864. 
 Barwick, Elizabeth, 229. 
 
 , Roger, 200. 
 
 , Col. Samuel, 838. 
 
 , Thomas, 229. 
 
 Baskor, Samuel, 755. 
 
 Bassett, Francis, Vice-Admiral of 
 
 Cornwall, 220, 238, 240, 241, 245. 
 Bateman, Sir Anthony, 514. 
 
 . Robert, 57. 
 
 . Sir William, 514. 
 
 Bath, William, Earl of, 31. 
 
 , John, Earl of, 610, 740, 1159, 
 
 1317. 
 Bath plantation (Nevis), 974. 
 Bathurst, John, 514. 
 Batson, Henry, 865. 
 Batten, Sir W., 559. 
 Batterby (Lincolnshire), 172. 
 Bawden, Mr., 978. 
 Baxter, Josiah, pamphlet concerning, 
 
 960. 
 
 , Thomas, 1255. 
 
 Bayly, Charles, 883. 
 
 , Captain John, 15, 17-23. 
 
 Baynes, John, 1016. 
 Bayonne, 967. 
 Beake, James, 805. 
 Beale, Alexander, 677. 
 Beane, Humphrey, 940. 
 
 , Peter, 607. 
 
 Bear, 130. 
 
 Beare, William, 82. 
 
 Beaumont, Jane, 1306. 
 
 , William, 1306. 
 
 Becher, Sir William, 239, 249, 279, 
 
 418, 422, 427, 437. 
 Bedo, William, 183. 
 Beekes, William, 906. 
 Beeston, Wilham, 586. 
 Belfast, 755, 1041, 1047. 
 Bell, Captain Philip, 476. 
 
 , Col. PhiUp, 838. 
 
 , Thomas, 514. 
 
 Belle Isle, 739. 
 Benbow, John, 514. 
 Bence, Sir Alexander, 1054, 
 Bendish, Robert, 885. 
 
INDEX. 
 
 895 
 
 Benjamin, 723(19), 1238(5). 
 
 Beniiet, Captain, 1142. 
 
 , Sir Henry. See Arlington, Lord. 
 
 , Mr., merchant, 284. 
 
 , Philip, 1263. 
 
 Bentley, Captain, 658. 
 
 Bergen, North, 1006. 
 
 Bergeyck, Count de, Spanish envoy, 
 1142, 1152, 11.57. 
 
 Berkeley, Sir Charles, 572. 
 
 , John, Lord, 557, 604, 610-1, 
 
 723(17), 1021, 1028, 1051, p. 703. 
 
 , Lady, 1326. 
 
 , Sir Robert, 279. 
 
 , William, afterwards Sir WiUiam, 
 
 Governor of Virginia, 224, 298, 
 300-1, 531-2, 534, 544, 566, 571, 
 601, 604, 633, 642, 754, 759, 761, 
 808, 828, 866, 892, 924, 929, 
 1013, 1094-5, 1156, 1167-8, 1170, 
 1178, 1183, 1186, 1189-90, 1192, 
 1198, 1205, 1326. 
 
 Berkshire, Thomas. Earl of, 277, 526, 
 592. 
 
 Bermudas, 81, 83-5, 160, 162(-1), 197, 
 211, 292, 471, 675(1), 739, 828. 
 church in, 134, 136, 404. 
 criminals transported to, 50, 91. 
 stores for, 127, 438, 481. 
 tobacco from, 41, 96, 99, 100, 116, 
 139, 148-9, 198, 202, 208, 291, 
 379, 1019. 
 Governor of. See Butler, N. ; 
 Heydon, Sir John ; Whaley, 
 Samuel ; Woodhouse, Captain 
 Henry. 
 See also Virginia and Bermudas, 
 Commissioners for. 
 
 Bermuda or Somers Islands Company, 
 79, 96, 99-103, 105, 116, 118, 127, 
 379, 1004, 1019, 1031, 1110, 1113, 
 1117, 1295, 1333. 
 granted lands in Virginia, 437. 
 proceedings against charter of, 1317, 
 1331. 
 
 Bernard, Edward, 517, 525. 
 
 , Thomas, 394. 
 
 Beroche (Birushe), Christopher, I, 2, 7. 
 
 Berry, Captain, 750. 
 
 , Sir John, 1094-5, 1103, 1167-70, 
 
 1173, 1186, 1198. 
 Bertie (Bartie), Sir Peregrine, 58. 
 Betts, Leonard, 402. 
 Bevan, Robert, 931. 
 Beverley, Col. Robert, 1191, 1250. 
 Bickford, Mark, 723(10). 
 Bideford, 891, 915. 
 Biggon, Moses, 643. 
 Bilbao, 662, 954, 1238(1). 
 Bindloss, John, 1325. 
 Birch, Captain William, 357, 370. 
 
 , Mrs., his widow, 370. 
 
 Bird, Captain William, 1301. 
 Biscowen, Edward, 514. 
 Biss, Thomas, 988. 
 Black Eagle of London, 651. 
 Blackman, .leremy, 457. 
 
 , Thomas, 898. 
 
 Blackwall, 723(22). 
 Blake, Nicholas, 622. 
 Bland, Michael, 172. 
 Blanye, Mr. Edward, 167. 
 Blathwayt, William, 1081, 1175. 
 BlsBnac, Monsieur de. Gov. Gen. of 
 
 French West Indies, 1281. 
 Blessing, 428, 608, 959(3), 1238(6). 
 Blindall (Blendall), John, 640, 661. 
 Blossom of London, 1131. 
 Bludworth, Sir Thomas, 864. 
 Bodenham, Robert, 690. 
 Boer, John Cornelissen, 767, 769. 
 Bohorques, Don Juan Ximenes de, 
 
 664, 667, 676, 935. 
 Boleme, Louis, 975. 
 Bolton, Captain, 1063. 
 Bonuell, James, 662. 
 
 (Donnell), Jeremy, 517, 525. 
 
 Boone, Thomas, 716. 
 
 Booth, Richard, 1168. 
 
 Bordeaux, 939, 975. 
 
 Borr, John, of Dublin, 578. 
 
 Boseman, William, 677, 737. 
 
 Boston (Mass.), 831, 888, 960, 967, 
 
 1026, 1050, 1058, 1182, 1216, 1218, 
 
 1236, 1238(2) (5) and (7), 1285, 
 
 1293. 
 
896 
 
 INDEX. 
 
 Bourne, Neheraiah, 386, 453. 
 Boutillier, Philip, 1084. 
 
 Bowles, Richard, 888. 
 
 Bowley, Robert, 643. 
 
 Boyle, Robert, 514, 528. 
 
 Boys, Richard, 1036. 
 
 Bradbourne, Edward, 805. 
 
 Bradford, George, 581. 
 
 , Margaret, 643. 
 
 , Thomas, 643. 
 
 , Thomasine, 581. 
 
 Bradley, John, 363, 402. 
 
 Bradstreet, Simon, 1234. 
 
 Braine (Brayne), Richard, 1246, 1347. 
 
 Braithwayte, John, 1321. 
 
 Brathat, Thomas, 837. 
 
 Bray, Colonel, 1250. 
 
 Brazil frigate, 701, 766, 1290. 
 
 Bread, Richard, 823. 
 
 Breadcake, John, 130. 
 
 Brecknock, tobacco in, 682. 
 
 Breda, Treaty of, 717, 734, 740, 742, 
 753, 779, 785, 787, 792, 799, 835, 
 838, 855, 887. 912, 1051, 1281. 
 
 Brent, Pter, 938. 
 
 Breretone Frances, Lady, 801, 830. 
 
 , Captain Richard, 281, 285 note, 
 
 287-8, 307, 309-10. 
 
 , WilUam, third Lord, 1082, 1108, 
 
 1126, 1292, 1311. 
 
 Brewer, John, 275. 
 
 , Joseph, 275. 
 
 Bridge, Sir Tobias, 704, 775, 784, 786, 
 792-3, 795-6, 832, 840, 859, 874, 
 884, 895, 907, 922, 956, 993, 995, 
 1001, 1148, 1228, 1240, 1280. 
 
 Bridger, Colonel Joshua, 1178, 1250. 
 
 Bridges, William, 1038(1) 
 
 Bridgetown (Barbados), 780, 789. 
 
 Bridgwater, Jobn, third Earl of, 747, 
 913, 1021, 1028, 1134, 1216, 1244, 
 1246, 1247, 1250, 1281, 1284, 1317, 
 1333, 1353, p. 819 
 
 Briggs, Timothy, 1031, 1117. 
 Brinsley, Lawrence, 514. 
 Brestbone, John, 661. 
 Bristol, 271, 356, 415, 561, 687, 690, 
 706, 722, 723(14), (18), 727, 736, 
 
 Bristol — cont 
 
 772, 806, 813, 949-50, 959(2), 
 
 964, 966, 969, 988, 997, 1077, 
 
 1302, 1338. 
 trade to New England, 74, 413, 426, 
 
 443, 450-1, 466-8, 954. 
 trade to Newfoundland, 43, 46, 140, 
 
 450-1, 466-8, 735, 915, 959(1), 
 
 1020. 
 Bristol, 1096, 1103, 1105. 
 Brocas, Mr., 431. 
 Brodgate, Nicholas, 837. 
 Broen, Marc, 1246. 
 Brorafield, Sir Lawrence, 514. 
 Brook, Matthew, 152. 
 Brooke, Christopher, 97. 
 
 , Lord, 86, 93. 
 
 Brookes, Francis, 311, 312. 
 Brounker, H., 917. 
 Brown, John, transported, 121. 
 Browne, Edward, 851. 
 
 . Giles, 723(20). 
 
 '-, Captain James, 1242. 
 
 , Thomas, 314. 
 
 , Mr., Clerk of the Parliament, 
 
 490. 
 Bruen, William, 723(9). 
 Bruges, 988. 
 
 Brumgham, Garret, 837. 
 Bryan, Daniel, 837. 
 
 , Rebecca, 969, 980. 
 
 Bucke, Richard, a minister, 395. 
 Buckham, Richard, 374. 
 Buckinghamshire, tobacco destroyed 
 
 in, 176. 
 Buckingham, George ViUiers, first 
 
 Duke of, 56, 130, 747. 
 Buckoke, Nathaniel, 633. 
 Buckworth, John, 906, 992. 
 Buen Jesus de las Almas, 1142. 
 Buenos AjTes, 1342. 
 Buffillo Ball, 1278, 1289. 
 Bulkeley, Peter, 1109, 1199, 1212, 
 1214-6, 1218, 1224, 1227, 1233-4, 
 1241, 1284. 
 Bullock, William, 431. 
 Bunch, Walt-er, alias Dunsh, 1306. 
 Bunckley, John, 601. 
 
INDEX. 
 
 897 
 
 Bunkenell, Peter, 134y. 
 
 Bvircher, Anne, 275. 
 
 Burd, Captain Edward, 748, 708. 
 
 Burfield, Captain, 1164, 
 
 Burgh of Staden, 1006. 1009. 
 
 Burghill, John, 581. 
 
 , Blary, 581, 596. 
 
 Burlemachi, Philip, 182, 184. 
 Burley, John, 217. 
 Burr, Thomas, 661. 
 
 , William, 661. 
 
 BLirrey, Captain, 952. 
 Burton, Edward, junior, 823. 
 
 . Thomas, 471. 
 
 Bushell, Edward, 584, 700, 756, 766, 
 
 802, 682. 
 
 , Thomas, 584. 
 
 Butler, Nathaniel, Governor of the 
 
 Bermudas, 83. 
 
 , Thomas, 959(1). 
 
 Button, Captain William, 336, 338. 
 Byam, Colonel William, Governor of 
 
 Simnam, 601, 1275. 
 Byde, Moyer, Governor of Montserrat, 
 
 658. 
 Bydolph, Sir Theophilus, 514. 
 Byncks, Mynheer, Dutch Governor of 
 
 Tobago, 1211, 1237. 
 
 C. 
 
 Cabell, Richard, 716. 
 
 Cadiz, 377, 560, 662, 756, 864. 
 
 Ca«n, Emery de, 235-7, 243-4, 246-7. 
 
 Caesar, 1127. 
 
 Caesar, Sir JuUus, master of the 
 
 Bolls, 35, 36. 
 Cagway (Jamaica), 511. 
 Caillovet, Philip, 975. 
 Caine, Caleb, 750. 
 Calais, 954, 986. 
 Cale, Giles, 866. 
 
 , Nathaniel, 356. 
 
 Caledonia (N.S.), 835. 
 
 Calvert, Sir George. See Baltimore, 
 
 Lord. 
 
 Calvert, Charles, Deputy Governor of 
 Maryland, 765, 893, 896, 1013. 
 
 . Philip, 601. 
 
 Campeachy, Bay of, 970, 1127, 1134, 
 
 1252, 1275, 
 Canada, 5, 6, 223, 1057. 
 
 Adventuiers to, 231, 233-7, 239, 
 242-4, 246-9, 251, 254-5, 260, 267, 
 298, 300-1, 303-4, 308. 
 interloping trade to, 279, 281, 283, 
 285, 287-8, 290, 293-4, 296-7, 
 309. 
 fisheries in, 445. 
 Canada, Patrick 402. 
 Canary Islands, 662, 1038 note, 1131. 
 Candelero, Captain, 938. 
 Canning, Mr., 48. 
 
 . (Cvmnyn), William, 117. 
 
 Canterbury, 12. 
 
 Archbishop of, 34, 60, 66, 313, 330, 
 360, 404, 472, 522. 
 Cape Bona Vista, 915-6, 1023. 
 Cape Catoche, 970. 
 Cape Bace, 915-0, 1023. 
 Cape St. Anthony, 973. 
 Cape St. Vincent, 885, 887, 958. 
 Cape Verde, 915, 1104. 
 Capell, Sir Henry, 1306. 
 Capperose, Peter de, 967. 
 Carew, George, Baron (afterwards Earl 
 of Totnes), 38, 43-4, 79, 107, 
 127-8, 147, 161, 174. 
 
 , Sir Henry, 31. 
 
 , Sir Thomas, 716. 
 
 Caribbee (Leeward) Islands, 164, 291-2, 
 726, 737, 748, 750, 759, 791, 857, 
 1047, 1064, 1135, 1230, 1275, 1281, 
 1345. 
 Earl of CarUsle in, 201, 266, 273. 
 claims to, 498, 506, 507, 599, 882. 
 revenue of, 652-3, 813, 830, 836, 991. 
 account of, 852, 854. 
 ships from, 659, 950. 
 Church in, 1145, 1148, 1165. 
 establishment for, 1288. 
 horses exported to, 806. 
 defences of, 1001, 1028, 1140, 1148, 
 1319. 
 
898 
 
 INDEX. 
 
 Caribbee (Leeward) Islands — cont. 
 stores for, 423, 444, 483, 1254, 1353. 
 4} per cent, duty in, 792, 878, 881, 
 890, 922, 992, 1201, 1238(8), 1315, 
 1319. 
 Governors of. See Willoughby of 
 Parham, Francis, Lord; Willoughby 
 of Parham, William, Lord ; Staple- 
 ton, Sir W. ; Wheeler, Sir C. 
 See also West Indies. 
 Carleton, Sir Dudley. See Dorchester, 
 
 Lord. 
 Carliola, 485, 487. 
 
 Carlisle, James Hay, 1st Earl of, 200-1, 
 205, 209, 266, 273, 423, 463, 477, 
 487, 498, 507, 581, 596, 598(7), 
 599, 652-3, 737, 882. 
 
 , Charles Howard, 2nd Earl of. 
 
 Governor of Jamaica, 423, 448-9, 
 485, 487, 740, 747 margin, 1021, 
 1163, 1174, 1177, 1193, 1201-2, 
 1208, 1210, 1232, 1238(3), 1246-7, 
 1250, 1252, 1257, 1274-5, 1325, 
 1336, 1347. 
 Carlisle Battery, Port Royal, 1275. 
 Carolana, plantation in, 339-40, 403 
 
 (10). 
 Carolina, 654, 853, 1351. 
 grant of in 1663, 594, 604. 
 Culpeper's rebellion in, 1327, 1337, 
 
 1340, 1349. 
 French Protestants to settle in, 
 
 1273, 1313. 
 masts from, 723 (15). 
 Seth Sothell sent as governor of, 
 
 1278. 
 tobacco in, 733. 
 
 Governor of. See Yeamans, Sir 
 John, and Sothell, Seth. 
 Carolus Secundum, 1038(2). 
 Cartagena, 943, 973, 1242, 1336. 
 Carter, Edward, 1219. 
 
 , Isaac, 944. 
 
 , James, 157. 
 
 , John, transported, 91. 
 
 , John, 958. 
 
 Carteret, Sir George, Vice Chamberlain, 
 and Treasurer of the Navy, 491, 
 
 Carteret — cont. 
 
 515, 529, 536, 572, 604, 610, 693, 
 
 704, 735, 747, 758, 928, 1021, 
 
 1159, 1201, 1221. 
 
 , Capt. James, 863. 
 
 Cartesar, Diego de Castro, 75. 
 
 Cartwright, Sir Hugh, 607. 
 
 Carver, William, 994. 
 
 Gary, Shershaw, 723(14). 
 
 Case, John, 1112. 
 
 Castell, William, 275. 
 
 Castines, Henry, 666. 
 
 Castle de Maine (Myne), 560. 
 
 GasUe of Stockholm, Swedish ship, 743. 
 
 Catherine, 1, 2, 7, 606, 723(16), 817. 
 
 Cavendish, Sir William, 58. 
 
 . William, Lord, 98, 102, 104, 142. 
 
 . William, Lord, 1284, p. 819. 
 
 Cayenne, 740, 742, 1051. 
 
 Cecil, Sir Edward, 58.. 
 
 Ceely, John, 651. 
 
 Chalenor, Mr. Alderman, 1333. 
 
 Chamberlain, Edward, 688, 871, 877. 
 
 , Elizabeth, 943. 
 
 , Joh.-, 712. 
 
 , William, 533, 588. 
 
 , the Lord High, 302, 460, 484, 
 
 513-4, 529, 693, 913, 1021, 1081, 
 
 1281 ; and see Ai'lington, Lord ; 
 
 Lindsay, Earl of ; and Manchester, 
 
 Earl of. 
 Chamillart, Guy, 658. 
 
 , Peter, 658. 
 
 Champagne, Captain Guillaume, 868, 
 
 887. 
 Champante, John, 665, 778, 789, 801, 
 
 817. 
 Champion, Percival, 275. 
 Chancellor, Lord, 58, 513-4, 522, 534, 
 
 626, 693, 1074, 1089, 1095 ; and see 
 
 Clarendon, Earl of. 
 
 , of the Duchy, 122, 1021. 
 
 , of the Excheqxier, 31, 34, 52, 
 
 122, 151, 536, 625, 637, 668, 700, 
 
 1021. See also Cottington tuid 
 
 Shaftesbury. 
 Chandler, Richard, 1004. 
 Channon, John, 973, 984. 
 
INDEX. 
 
 899 
 
 Chappell, Roger, 864. 
 Charitas, 1038(2). 
 Charity, 79, 346, 439, 511. 
 Charles City County (Va.), 1250. 
 Charles, Fort in Jamaica, 593. 
 Charles River, 429, 1159. 
 Charles, 253, 309-10, 439, 467, 469, 
 674, 958, 1069, 1106, 1306, 1342. 
 Charleton, Mr., 300. 
 Charlton (Gloucestershire), 337. 
 Chatham, 253, 644, 791. 
 Cheek, Sir Thomas, 58. 
 Cheltenham, 337, 347, 433, 673. 
 Chesapeake Bay, 695. 
 Chesapeake (Chisopahaeck) River, 338. 
 Cheskay (Chiskiack), 211, 446. 
 Chesten, John, 464. 
 Chester, 675-6. 
 Chester, Captain, 18. 
 Chevalier, Jacques, 975. 
 Chevelet (Bordeaux), 975. 
 Chew, John, 275. 
 Chicheley, Sir Henry, 636, 1088, 1094, 
 
 1250, 1270, 1301. 
 , Sir Thomas, Master of the Ord- 
 nance, 968, 1159. 
 Chichester, Lord, 107, 122. 
 Chief Justice, Lord, 525, 651, 075, 
 
 680, 1119. 
 Child, Sir Josiah, 756. 
 Chissawnock, 1223. 
 Chocolatto Hole, 1202. 
 Chomley, John, 738. 
 Christmas, Thomas, 851. 
 Christopher and Mary, 272, 275. 
 Chrouchley, Thomas, transported, 13. 
 Chudleigh (Captain), 29. 
 
 , Thomas, 945, 950. 
 
 Church, in the plantations, 510, 1260, 
 1263, 1329, 1331. 
 in Jamaica, 522, 899, 1177, 1263. 
 in New England, 514, 528, 1293. 
 in Virginia, 211. 
 
 in Leeward Islands, 1145, 1148, 1165. 
 in Bermudas, 134, 136, 217. 
 Claphamson, Samuel, 1168. 
 Clarendon, Edward Hyde, Earl of, 
 Lord Chancellor, 488, 557, 567, 
 572, 576, 593, 604. 
 
 Clarendon, Henry, Earl of, 1240-7, 1250. 
 Clarke, George, 514. 
 
 , John, 11. 
 
 , Mary, 540. 
 
 Clay, Robert, 458. 
 Clement, John, 946, 1003. 
 Clements, Edmond, 1238(4). 
 
 , Edward, 885, 894. 
 
 , John, 885. 
 
 , Robert, 275. 
 
 Clement and Job, 328, 342. 
 ■ Clerk of Committee of Plantations. See 
 
 Southwell. Sir R. ; Lloyd, Sir P. ; 
 
 Blathwayt, W. 
 Clerk of the Parliament. See Browne, 
 
 Mr. 
 Clerk of the Signet, 511. 
 Cleverley Point (St. Kitts), 1141, 1148. 
 Cliff, Ralph, 1338. 
 Clifford, Sir Thomas, 723(10), 813, 917, 
 
 943. 
 
 , Mr., 610. 
 
 Clipsham, Michael, 1006. 
 
 Clowes, Robert, of Jamaica, 1115, 
 
 1150. 
 Coat, Robert, 1012. 
 Cobdayne, George, 837. 
 Cock, Captain, 280. 
 Codrington, Col. Christopher, 854 
 
 inirgin. 
 Cogan, Charles, 938. 
 Coke, Sir Edward, 31, 35-6, 52. 
 , Sir John, Secretary of State, 
 
 212, 223, 245, 301 2, 313, 323, 
 
 330, 360, 396. 
 Colbert, .Jean Baptiste, French Am- 
 bassador, 785, 787, 847, 873, 1051, 
 
 1066, 1093. 
 Colclough, Thomas, 866. 
 Cole, John, 480. 
 
 , Lawrence, 928. 
 
 , Peter, 540. 
 
 , Thomas, 983. 
 
 , Col. William, 1250. 
 
 Coleman, Captain, 952-3. 
 
 , William, 837. 
 
 Colepeper, Alex., 1219. 
 College of Physicians, 218. 
 
900 
 
 INDEX. 
 
 Colleton, Sir John, 557, 604, 647, 
 723(10). 
 
 . Sir Peter, 795, 802, 860, 1139. 
 
 Collier, Captain Edward, 1202. 
 
 , ThoTnas, 750. 
 
 Collins, Charles, 744. 
 
 . Colonel John, 675(3). 
 
 Collowhill, Miles, 356. 
 Colton, Silvester, 275. 
 Combes, Thomas, 200. 
 Commissioners, of Appeals, 1056, 1321, 
 1341, 3146. 
 for the Affairs of America, 758, 825. 
 tor Prizes, 667, 739, 764, 954, 967, 
 
 1012, 1016. 
 for Sale of French Goods, 184. 
 for Trade, 173. 
 
 of the Admiralty. See Admiralty, 
 of the Treasury. See Treasury, 
 of the Navy. See Navy, 
 for Foreign Plantations. See Com- 
 mittee, 
 of the Customs. See Customs. 
 Committee, for Admiralty and Navy, 
 641, 645. 
 for Foreign Affairs, 797, 809, 818, 
 
 888. 
 for Grievances, 756, 770, 976. 
 for Foreign Plantations (Lords Com- 
 missioners),. 330, 339, 352, 354, 
 360, 366, 375, 384, 420, 472. 
 (Sub-Committee), 391, 394, 398, 
 409, 412, 413, 416, 418, 425, 427, 
 429, 431-2, 437, 440, 446, 472-3. 
 for Trade and Plantations, 484-5, 
 and passim thereafter : — names 
 given, 644, 576, 717, 876, 1021, 
 p. 703, p. 819. 
 Companion, 746, 750, 772. 
 Compeare, Leonard, 1086, 1154. 
 Compton, Sir William, Master of the 
 
 Ordnance, 585. 
 Comptroller, Mr., 34, 43, 122, 313, 330, 
 360, 735, 747, and see PoUtrd, 
 Sir Hugh. 
 Concord, 701, 1290. 
 Connecticut, 632, 942, 1222, 1224, 
 
 1244-5, 1291. 
 Consit, John, 1226, 1253. 
 
 Constable, John, 355. 
 
 , William, 356. 
 
 , the Lord, 863. 
 
 Constant Katherine, 750. 
 
 Continho, Isaac Pereira, 875. 
 
 Convers, John, 359. 
 
 Convertine, 748. 
 
 Conway, Sir Edward, afterwards Lord, 
 
 Secretary of State, 86, 93, 122, 
 
 147. 
 Cooke, Edmond, 970, 984, 996, 1024, 
 
 1048, 1055, 1164. 
 
 . Colonel Edward, 925. 
 
 , James, 998. 
 
 Corbin, Gawen, 723(6), 1170, 1197, 
 
 1200, 1221. 
 Cork, 950. 
 Cornwall, Vice Admirals of, 135, 140, 
 
 323 ; and see Bassett, Francis. 
 Comwallis, Lord, 513. 
 Cormantin, 1225. 
 Coronel, Isaac, 1348. 
 Corporation for propagating the Gospel 
 
 in America, 493. 
 Cortlandt, van, — , 819. 
 Costa, Antonio da, d'Oliveiro, 11. 
 Cotter, Captain James, 795-6. 
 
 , ,Iohn, 684. 
 
 Cottington, Francis, Baron, 11, 275, 
 
 302, 313, 330, 360. 
 Cotton (one), 418. 
 CouUe, Thomas, 213. 
 Council, for Plantations (1660-5 and 
 
 1670-2), 521-2, 539, 671, 574, 595, 
 
 720, 899, 911, 915-7, 938, 942,' 
 
 1023, 1050. 
 of Trade (1660-5 and 1668-72), 518, 
 
 657, 720, 809, 812, 826, 850, 852, 
 
 1020. 
 of Trade and Plantations (1672-74), 
 
 962, 976-8, 1018, 1021, 1061, 1070. 
 Courland, Duke of, 913, 920. 
 Courten (Curteene), Sir William, 382. 
 
 , William (his son), 382. 
 
 , Mr., 506. 
 
 Courtenay, Sir William, 716. 
 Courtin, Monsieur, 1093. 
 Cousseau, James, 800, 819, 842. 
 Cousens, Wm., 1202. 
 
INDEX. 
 
 901 
 
 Couzens, Aaron, 560. 
 
 Covoll, Thomas, 411. 
 
 Coventry, Sir Henry, Secretary of State, 
 978, 997, 1017, 1021, 1026, 1028, 
 1030, 1033, 1036, 1051, 1054, 1057, 
 1064, 1066, 1069, 1093-i, 1127, 
 1134, 1137, 1142, 1148, 1152, 1157, 
 1162, 1177, 1180, 1196, 1198, 1201, 
 1206, 1217, 1231, 1234, 1246-7, 
 1252, 1257, 1260, 1270, 1273, 1275, 
 1281, 1284, 1287, 1301, 1305, 1317, 
 1330, 1335-6, p. 819. 
 
 , Sir Thomes, Solicitor General, 
 
 37, 39, 59. 
 
 , Sir William, 717, 735, 747, 813. 
 
 Cowes, 144, 168, 169, 344. 
 
 Cowse, Edward, 505. 
 
 Cox, Dr. Thomas, 514. 
 
 Crabs Island, 520. 
 
 Cradock, Francis, provost marshal of 
 Barbados, 557, 568, 624, 648, 660 
 683, 696. 
 
 , Matthew, Adventurer to New 
 
 England, 303, 327. 
 
 Crane, John, Victualler of the Navy, 
 464. 
 
 , a merchant, 964. 
 
 Cranfield, Edward, 448-9, 881, 1059, 
 1061, 1118. 
 
 Craven, William, Lord, 604, 147 margin, 
 928, 1021, 1028, 1148, 1159, 1167 
 1169, 1177, 1198, 1216, 1221, 1237, 
 1244-7, 1250. 
 
 Crawlej', Thomas, 661. 
 
 Crespo, Sebastian, 666, 839, 845. 
 
 Cresswell, Philip. 837. 
 
 Crew, Sir Bandall (Randolph), 13. 
 
 Crewkerne, John, 364. 
 
 Creyk, Henry, 723(17). 
 
 Crinsens, Abraham, 837, 1275. 
 
 Crisp, Joseph, agent for the Leeward 
 Islands, 1281. 
 
 , Nicholas, 662. 
 
 Ci-ocan Pill, 450. 
 
 Croft, William, 606. 
 
 Crooke, Robert, 661. 
 
 Cros.se, Capt. Epinetus, 497, 499. 
 
 Grown frigate, 1228. 
 
 Crown, John, 1243, 1245. 
 
 , William, 508, 734, 1245. 
 
 Cuba, 11,'52. 
 
 Cullen, John, 723(3). 
 
 , Zachary, 662. 
 
 Culpeper, John, of Carolina, 1327, 1337, 
 1340, 1349. 
 
 . Thomas, Lord, Governor of Isle 
 
 of Wight, and later of Virginia, 
 814, 1045, 1156, 1178-80, 1187, 
 1200, 1205, 1229, 1235, 1260-1, 
 1264, 1270, 1301, 1305, 1307, 1309, 
 1314, 1318, 1320, 1322. 
 
 , instructions to, 1250. 
 
 Cummings, John, 837. 
 
 Curasao, 901, 906, 918, 1012, 1056, 
 1058, 1246, 1321. 
 
 Custis, Major-General, 1250. 
 
 Customs, Commissioners of, 504, 537, 
 561, 569-70, 606, 950, 990, 1006, 
 1009, 1019, 1112, 1131, 1254, 1266, 
 1327. 
 Farmers of the, 16, 72-3, 76, 145, 
 148, 181, 239, 291, 312, 319, 321, 
 
 355, 363, 368, 415, 438, 592, 606, 
 608, 618, 627, 650, 689, 714, 722, 
 723(6), 727, 733, 757, 761, 780, 
 802, 817, 827-8, 842, 846, 848, 851, 
 903, 926-8. 
 
 Officers (surveyors) of the, 189, 266, 
 
 356, 428, 439, 442, 536, 650, 891, 
 1220. 
 
 Cuttings, John, 341. 
 Cutts, John, President of New Hamp- 
 shire, 1293. 
 Cugnac, Marquis de, 523. 
 Cuzao, de, execution of, 238. 
 
 D 
 
 Daimer, Arthur, 1238(5). 
 
 Danby, Henry Danvers, Earl of, 299, 
 
 305. 
 , Thomas Osborne, Earl of, 989, 
 
 992-3,995,998, 1000-1,1112, 1177. 
 Daniel, Capt. Thomas, 1293. 
 Daniel, 560, 675(3). 
 
902 
 
 INDEX. 
 
 Danvers, Sir John, 58. 
 Darrell (Dorrell), Sir Marmaduke, 58. 
 Dartmouth, 74, 415, 646, 675(6). 
 trado to Newfoundland, 81, 46, 135, 
 
 140, 180, 323-4, 454, 460, 578, 
 
 612, 646, 716, 723(10), 757, 760, 
 
 915, 1040, 1128. 
 Dartmouth, man of war, 1096. 
 Dashwood, Francis, 935. 
 Davies, Thomas, 652, 677. 
 Davila, Francisco, 76. 
 Davis, Mr., a merchant, 252. 
 Davys, William, 964. 
 Dawber. Edmond, 430. 
 
 , Margaret, 299, 430. 
 
 Dawes, Sir Abraham, 202. 311, 350, 
 
 352-3, 391, 416, 418, 437, 441, 462. 
 Day, George, 1295. 
 
 . Michael, 661. 
 
 Deacon, Thomas, 429, 464. 
 Dean, John, 1089, 1091. 
 Deane, Gabriel, 690. 
 
 , Jeremiah, 661. 
 
 , Lawi'ence, 706. 
 
 . Matthew, 950. 
 
 Dedandilo, Philip, 723(21). 
 
 Defield, James, 1166. 
 
 Delavall, Thomas, 602, 669-70. 
 
 Delaware, 897, 904. 
 
 De La Warr, Thomas, Lord, 24. 
 
 Delond, Mr. John, 269. 
 
 Denne, Henrj', 97. 
 
 Denovaheel, Captain John, 906. 
 
 Deporte, French man of war, 964. 
 
 Deptford ketch, 1096, 1353. 
 
 X)erre, Francis, voyage to Canada of, 
 
 223, 224, 227. 
 Desequebe. See Essequibo. 
 Desha : earanoe (de Chateau-Renault ?), 
 
 Monsieur, 964. 
 Denire, 393, 452, 1130. 
 Destiny, 44, 52, 205. 
 Devonshire, 26, 31, 66, 323, 475, 579, 
 
 645. See also Bagg, Sir James, 
 
 and EUot, Sir John. 
 Diamond, 471, 492, 494, 499, 502, 558. 
 Diaz, Luiz, 875. 
 Dibusty, Sir Lawrence, 967. 
 
 Dickson, Andi'ew, 132. 
 
 Dieppe, 223, 739. 
 
 Digby, Sir John, Ist Earl of Bristol, 
 
 11, 34, 43, 69. 
 Diggs, Edward, 636. 
 Dike, Samuel, 1295. 
 Diligence, 723(2), 1127, 1130. 
 Dimineson, Jan, 964. 
 Discovery of London, 483. 
 Ditty, Edmund, 723(18). 
 Dockett, John. 514. 
 Dod, Peter, 476. 
 Dolman, Sir Thomas, 1177, 1275, 1284, 
 
 1293, 1303. 
 Dominica, 598(9), 1043, 1171. 
 
 Indians in, 854. 1037, 1039, 1064. 
 Donne, John, 4o5. 
 
 Donnell, Jeremy. See Bonnell, Jeremy. 
 Dorchester, Lord, 78, 242, 245. 
 Doridan, Jacques, 975. 
 Dorington, Francis, 579, 583. 
 Dorset, Richard, third Earl of, 58. 
 , Edward, fourth Earl of, 142, 223, 
 
 299, 302, 305, 313, 330, 360, 404, 420. 
 Dorsetshire, 31, 323, 387, 1321. 
 Dorset, 438, 474, 481. 
 DorviU, John, 743. 
 Dove, 322. 
 Dover, 669, 954. 
 
 , (New England), 1199, 1293. 
 
 Dover frigate, 975, 1283. 
 
 Dowle, Clement, 670, 673, 682, 715. 
 
 . Job, 712. 
 
 Downell, Anne, 1166. 
 
 , John, 1166. 
 
 Downing, Ellen, 643. 
 
 , Sir George, 560, 569. 
 
 , John, 1124, 1128. 
 
 , Wilham, 643, 690. 
 
 Downman, Captain Robert, 579, 582-3, 
 
 658. 
 D'Oyley, Dr. Charles, 514. 
 , Colonel Edward, Governor of 
 
 Jamaica, 491, 600, 1274. 
 Dragon, 1238(3). 
 Drax, Henry, 1171. 
 
 , Sir James, 511. 
 
 Drera, Antonio, a Venetian, 756. 
 
INDEX. 
 
 903 
 
 Drummond, Sarah, 1167, 1173. 
 
 , WilUam, 1167, 1173. 
 
 Dublin, 7, 578, 855, 1038(1), 1287. 
 Duck, Capt. Edward, 1202. 
 Dudley, Elizabeth, 1192, 1251. 
 
 . James, 1192. 
 
 , Thomas, 1192. 
 
 . WilHam (senior), 1192, 1251. 
 
 . WiUiam (jimior), 1192. 
 
 Dvike, George. Secretary to Council of 
 
 Trade, 720. 
 Duman, Orpheus. 444. 
 Dumaresq, Benjamin, 957, 963. 
 Duncombe, Charles, 1311. 
 
 , Sir John, 717. 
 
 Dunkirk, 346, 495, 501, 817. 
 Dunsh, Walter, alias Bunch, 1306. 
 Dunstar, Giles, 1032, 1161, 1220. 
 Dutch Island, 1222. 
 Dyer, Philip, 472. 
 
 E. 
 
 Eaglet ketch, 821. 
 Eales, Hugh, 755. 
 Earle, Thomas, 997, 1111, 1238(1). 
 
 , Sir Walter, 159. 
 
 East India Company, 12, 488. 
 East India Merchant, 723(11). 
 East Looe, 323, 879, 915, 1020. 
 Easthfmpton (Long Island), 942. 
 Eastland Company, 488. 
 Easton, Peter, a pirate, 1, 2. 
 Ebbington, Charles, 1321. 
 Eecles, Hugh, 1041. 
 Edmondes, Sir Clement, Clerk of the 
 
 Council, 55, 58. 
 
 . Sir Thomas, 31. 
 
 Edward and William, 1330. 
 Edwards, John, 958. 
 
 , Peter, 9.59(1). 
 
 , Thomas, 1026. 
 
 Elbridge, Giles, of Bristol, 426. 
 
 Eldrinton, Roger, 1171. 
 
 Elephant, 1019. 
 
 Eliot, Sir John, Vice Admiral of Devon, 
 
 133, 138. 
 
 Elizabeth, 296, 329, 341, 412, 417, 
 
 723(15), 1182, 1188, 1238(2). 
 Elizabeth and Dorcas, 328, 342. 
 Elizabeth and Mary, 723(20). 
 Elizabeth Bonaventure, 328, 342. 
 Bile, Richard, Virginia planter, 390, 
 
 421. 
 Elliott, Thomas, 530, 557. 
 EUis, Thomas, 690. 
 Elvez, Christian, 658. 
 Endeavour of London, 195. 
 Endracht, 780. 
 English, Captain Charles Robert, 739. 
 
 . Phihp, 1068, 1084. 
 
 Erasmus, Capt., 1202. 
 
 Ernie, Sir John, 1196, 1198, 1201, 
 
 1216, 1284, 1293, 1317, p. 819. 
 Escott, Thomas, 597. 
 Essequibo, River, 34. 
 Essex, tobacco in, 71, 172, 710, 714, 
 
 781. 
 Essex, Arthiu-, Earl of, 1021, 1169, 
 
 1177, 1244-5, 1250, p. 819. 
 d'Estri^es, Monsieur, 1237. 
 Estridge, John, 1171. 
 Evans, Clement, 275. 
 
 , Lawrence, 374, 397, 432. 
 
 , Thomas, 105.^. 
 
 Eveleigh, Gilbert, 716. 
 
 Evelyn, John, 203. 
 
 Everard, Colonel Clement, Governor 
 
 of St. Christopher, 520, 535, 
 
 686. 
 Evertsen, John, 986. 
 Evesham, 623, 673. 
 Ewins, John, 760. 
 
 , William, 314. 
 
 Exclmnge of London, 701. 
 
 Exeter, 74, 723(9 and 20), 891, 915, 
 
 965. 
 
 (New England), 1199, 1293. 
 
 Exmouth, 66. 
 
 Expedition of Barbados. 1238(5). 
 
 Exton, Dr., afterwards Sir Thomas, 
 
 Judge of the Admiralty, 575, 
 
 577-8, 580, 582-3, 797, 1164, 
 
 1287. 
 Eyres, Thomas See Ayres. 
 
904 
 
 INDEX. 
 
 F. 
 
 Fairfax, Daniel (Parvacks), 808, 892. 
 
 , John (Farvacks), 892, 924, 929. 
 
 . Major Thomas. 552, 1094. 
 
 Fairman, Robert, 661. 
 
 , WiUiam, 661. 
 
 Faithful Subject alias Tiger, 1121. 
 
 Falcon of Bristol, 356. 
 
 Falkland, Viscount, 302. 
 
 Falmouth, 915, 1009. 
 
 Fauconberg, Viscount, 1021, 1148, 
 
 1177, 1198, 1201, 1284, 1317, 
 
 p. 819. 
 Farewell, George, 607. 
 Farley, Humphrey, 314. 
 
 . Thomas, 314. 
 
 Farmer, Samviel (of Barbados), 665, 
 
 671, 694, 1166. 
 Farrington, John, 363, 402, 837. 
 Feast (Feste), Henry, 640, 661. 
 Felgate, Captain Robert, 211. 
 
 . Tobias, 157. 
 
 Fellowship of Bristol, 451. 
 
 Fen, Robert, 723(16). 
 
 Ferrar, John, 102. 
 
 , Nicholas, Deputy of Virginia 
 
 Company, 102, US, 121, 12.1, 192, 
 
 275. 
 Field, Thomas, 1244. 
 Filer, John, 1092. 
 Fillingham, Mr., 995. 
 Finch, Sir Heneago, Solicitor General 
 
 afterwards Lord Chancellor, 877, 
 
 1167, 1177, 1201, 1284, p. 819. 
 
 , Sir Henry, 12. 
 
 , Henry, 263. 
 
 , Sir John. 263. 
 
 Fisher, Edward, 275. 
 
 Fit, Robert, 275. 
 
 Fitz, Thomas, merchant, 248-9, 251, 
 
 254-5. 
 Fitzgerald, Captain Philip {alias 
 
 Hellen), 970, 972, 984, 1007, 
 
 1035. 
 
 , Richard, 851. 
 
 Fitzharding, Viscount, 747 margin. 
 Flemming, Edward, 885. 
 
 Flinton, Farrer, 275 
 
 Flintshire, tobacco in, 781 
 
 Flower, Edward, 597. 
 
 Fludd, John, 421. 
 
 Flushing, 355, 810. 
 
 Flying Hart of St. Malo, 873. 
 
 Flying Horse, 1056, 1058. 
 
 Foley, Thomas, 514. 
 
 Ford, Sir Richard, 992, 
 
 Forster, Richard, 1327. 
 
 Fort Albany alias Hopewell, 800. 
 
 Forth, Robert, 870. 
 
 Fortune, 346, 444, 739, 851, 855, 868. 
 
 Foster, Edmund, 653. 
 
 . Martin, 7. 
 
 Fotherby, Henry, 123 (margin). 
 Fowell, John, of Plymouth, 460, 716. 
 Fowey, 323, 612, 879, 915, 1020. 
 Pownes, Thomas, 623. 
 Fox, Captain Luke, 253. 
 
 . Matthew, 984. 
 
 Foxcroft, George, 452. 
 
 , Isaac, 1038(2). 
 
 France, 2, 238, 283, 488, 932. 
 
 Ambassador from, 1, 5, 6, 231, 260, 
 
 529, 799, 816, 818, 887, 898, 914, 
 
 93.1, 964, 1026, 1051, 1281, 1330. 
 
 See also Colbert, Courtin, Ruvigny. 
 British Ambassador at Court of, 
 
 283, 914, 1066, 1146, 1330. See 
 
 also Berkeley, Lord ; Lockhart, 
 
 Sir W. ; Montagu, R. 
 in West Indies, 748, 750, 755, 768, 
 
 791, 898, 1053. 
 West India Company of, 739, 764, 
 
 770, 847, 886, and see Baas; 
 
 Ogeron. 
 Francis, 329, 341, 1173, 1308. 
 Francisco, Spanish man-of-war, 938. 
 Frank, Daniel, 82. 
 Frederick, Sir John, 757, 1256. 
 Freeman, Alderman, 136. 
 
 , William, 1237, 1259. 1352. 
 
 Prere, Tobias, 588. 
 
 Friendship of London, 226, 230, 402, 
 
 476, 481. 
 Frowde, Sir Philip, 522, 571, 574, 720. 
 Pudge, William, 651. 
 
INDEX. 
 
 905 
 
 G. 
 
 Gainsford, William, 638, 651. 
 Galicia, 1000. 
 Gallard, Joshua, 298. 
 Gallop, Captain George, 1012, 1036, 
 1075, 1090, 1321, 1324, l.'i28' 
 1341. 
 
 , John, 1321. 
 
 Galway, 706, 723(1), 744. 
 Gande (Gaude), Robert, 273. 
 Garde Belin, Sieur de la, 523. 
 Gardiner, Sir Christopher, 302. 
 
 , Henry, 418. 
 
 , Capt. Thomas, 1183, 1186, 1197, 
 
 1200, 1207, 1253, 1268, 1286 
 Garnet, John, 1000. 
 
 , Thomas, 1000. 
 
 Garret, Thomas, 837. 
 Gates, Anthony, 377. 
 
 , Captain, 661. 
 
 , John, 217. 
 
 , Elizabeth, 299, 377, 430. 
 
 , Margaret (widow of Anthony), 
 
 299, 377, 430. 
 
 , Margaret, daughter of Sir 
 
 Thomas, 377. See also Dawber, 
 Margaret. 
 
 , Captain Thomas, 377. 
 
 , Sir Thomas (" Sir John," 
 
 wrongly), 299, 305, 37 7, 430. 
 Gauden, Dennis, 464. 
 Gauntlet, John, 1129. 
 General, Lord, of the Army, 673. And 
 
 see Northumberland, Earl of. 
 Geneva, 1342. 
 Genniuffs, Joseph, 837. 
 Qaorge, 138, 209, 374, 402, 439, 1238(1). 
 George and Rebecca of London, 474. 
 George and Samuel, 970. 
 Germany, 537. 
 Gerrard, Sir Francis, 1004. 
 
 , Sir Gilbert, 1004, 1333. 
 
 Ghent, 223-4. 
 
 Gibbs, Thomas, 136. 
 
 Gift of God, 186, 474. 
 
 Gillam (GuiUiam), Captain Benjamin, 
 
 723(19). 
 , — , from Carolina, 1337. 
 
 Gillibrand, Thomas, 514. 
 Oilman, John, 1293. 
 Gilson, John, 782. 
 Giraudeau, Peter, 1105. 
 Globe, 130, 401. 
 Gloucester, 469. 
 
 county in Virginia, 1191. 
 (shire), tobacco in, 172, 183, 188, 
 278, 337, 347, 361, .392, 4.33, 563, 
 602, 616, 623, 670, 673, 682, 710, 
 712-3, 781, 925, 946, 966, 1003,' 
 1032, 1085, 1161, 1220. 
 Glover, Roger, 238. 
 Goad, Mr., 376. 
 Gofton, Sir Francis, 122. 
 Godolphin, Sir William, 970, 1127, 
 
 1134, 1152, 1162, 1164. 
 Golden Hawk of Nykoping, 757. 
 Golden Lion, 1093, 1138. 
 Golden Peacock, 933. 
 Golden Sun, 1242, 1246, 1347. 
 Golden Tree, 523. 
 Golden Wolf, 405-8. 
 Gondomar, Count of, 47-8, 83, 85. 
 Gonning, John, 443. 
 Gooch, Dr. Barnaby, 132. 
 Good Hope of London, 723(21). 
 Goodman, George, 737. 
 Goodrich, Sir Henry, 1342. 
 Goodyere, Stephen, 455. 
 Gookin, Thomas, 765, 774, 782, 893, 
 
 896. 
 Goring, Lord, 437, 472. 
 Gorges, Sir Ferdinando, 132, 173, 888, 
 
 1159. 
 . , debts to his fellow adven- 
 turers, 391, 416, 418, 422, 441, 
 462. 
 
 , Ferdinando, his grandson, 624, 
 
 656, 712, 865, 978, 1028, 1076. 
 
 , , claim to Maine, 888, 
 
 1014, 1050, 1109, 1116, 1119, 
 1155, 1159,, 1284. 
 
 , Richard, 917. 
 
 GosUne, Wolston, 281. 
 
 Gothenbiu-g, 644. 
 
 Gould, John, a London merchant, 879, 
 
 911, 1256. 
 
 58 
 
906 
 
 INDEX. 
 
 Gould, Thomas, 1219, 1221. 
 Grandison, Oliver St. John, first 
 
 Viscount, 86, 93, 107. 
 Grantham, Captain Thomas, 1253, 
 
 1279. 
 Graves, Thomas, 342. 
 Gravesend, 428, 438-9, 442, 444, 471, 
 
 486, 609, 797, 1238(3). 
 Gravier, Monsieur, 708. 
 Gray, Thomas, 682. 
 Oreal Charity, 512, 517. 
 Cheat Caesar (Saiser), 130. 
 Greatbach, Lieut. Daniel, 1076, 1148. 
 Green, Captain John, 980. 
 
 , John, 1224, 1233-4, 1244, 1291. 
 
 Greene, Elizabeth, 688, 877. 
 
 , George, 688, 877. 
 
 , James, 688, 877. 
 
 , Lawrence, 480. 
 
 . Nicholas, 581. 
 
 , Bobert, 688, 877. 
 
 , WiUiam, 606. 
 
 Green Spring (Va.), 1198. 
 Greenland, 5, 6. 
 Company, 488. 
 Greenway, William, 959(3). 
 Grendon, Thomas, 262, 1187. 
 Grey, Thomas, 917. 
 
 , William, 643. 
 
 Griffith, George, 418. 
 
 Grillo, Don Domingo, 672, 1054. 
 
 Grindon, Mr., 275. 
 
 Groningen, 658. 
 
 Grouville parish, Jersey, 1084. 
 
 Groseillers, Medart Chouart de, 1057. 
 
 Groyne (Coruna), 743, 964, 994. 
 
 Grymes, Gilbert, 444. 
 
 Guadeloupe, 523, 739, 755, 898, 908, 
 
 1171. 
 Guernsey, 747, 791, 928, 1069, 1104, 
 
 1106, p. 820. 
 Governor of. See Hatton, Lord. 
 Guernsey man of war, 1283. 
 Guerard, Jacob, 1273, *1313. 
 Guiana, 390, 485, 837. 
 
 Raleigh's voyage to, 29, 38, 44, 75. 
 attempted plantation in, 3, 34-9, 
 
 47, 54^8, 68-9, 72-3, 76, 232, 277. 
 
 Guinea, trade to, 560, 608, 674, 852, 
 864,1011-2,1056,1112,1131, 1321. 
 See also Africa. 
 
 Gulferton (Gutherton), in Gloucester- 
 shire, 337, 347. 
 
 Guy, John, of Bristol, 43. 
 
 Guyor, Robert, protection for, 155. 
 
 Gyde, Robert, 665. 
 
 H. 
 
 Hackwell, Thomas, 130. 
 Hadarine pink, 821, 824. 
 Haddocke, Captain, 1259. 
 
 , Sir Richard, 1259. 
 
 Hadgamore (Hadg Omar), 1278, 1289. 
 
 Hague, the, 1059, 1111. 
 
 Hale, John, 716. 
 
 Halifax, George, Marquis of, 1021, 
 
 1284, p. 819. 
 Hall, Mary, 570. 
 Hamburg, 739, 1006. 
 Hamilton, James, Marquis of, 460. 
 Hamlin, William, 1037. 
 Hampton (N.H.), 1199, 1293. 
 Hampshire, 323, 387. 
 Hancock, Joseph, 919. 
 Hannah of London, 1130. 
 Hanson, Francis, 1347. 
 Harding, John, 1238(5). 
 Harcourt, Captain Robert, 3, 34, 35, 
 
 36, 39. 
 Harley, Captain John, 921, 948. 
 Harloe, John, 1038(2). 
 Harlow, Sir John, 817. 
 Harman of Tramlade, 975. 
 Harman, Sir John, 718, 721, 724, 728, 
 
 740, 742. 
 Harmar, Ambrose, 395. 
 Harris, John, 780. 
 
 , William, a cheesemonger, 464. 
 
 , William, of Virginia, 275, 429, 
 
 , William, of New England, 1025. 
 
 1222, 1224, 1244, 1291. 
 Harrison, George, transported, 14. 
 
 , J., 662. 
 
 . Robert, 1295. 
 
 . Thomas, 429. 
 
INDEX. 
 
 907 
 
 Harrud, John, 1025, 1244. 
 Harsenet, Sergeant, 715. 
 Hart, Captain, 180. 
 
 , Jane, 436. 
 
 , John, 436. 
 
 , Robert, 661. 
 
 Hartwell, Henry, 275. 
 
 Harvey, Sir John, Governor of Virginia, 
 
 113-4, 144, 207, 210, 212, 215, 
 
 219, 226, 230, 261, 264, 274, 314, 
 
 316, 318, 367, 390, 394-400, 410-1, 
 
 435, 440, 446, 457. 
 
 , , secured from arrest, 143. 
 
 , , his instructions, 211. 
 
 , Mary, 275. 
 
 , Sii William, 58. 
 
 Harwood, John, 1238(4). 
 
 , Thomas, 348, 349. 
 
 , WiUiam, 349. 
 
 Hasell, — , 18. 
 
 Hastings, Edward, 18. 
 
 Hatton, Christopher, Lord, 544, 572, 
 
 928, 1068. 
 Hauriman, Thomas, 586. 
 Hauskins, Robert, 723(14). 
 Havana, 961, 970, 973, 996, 1007, 
 
 1033, 1055, 1134, 1152, 1157, 
 
 1164. 
 Havre de Grace, 187, 238, 240, 739. 
 Hawkins, Thomas, carpenter, 389. 
 
 , Thomas, merchant, 453. 
 
 Hawley, Capt. Henry, 449, 477. 
 Hay, Archibald, 423, 448. 
 
 . Sir James, 423, 448. 
 
 Hayes, James, 514, 949. 
 
 Hayne, John, 757. 
 
 Hayter, Thomas, 1306. 
 
 Hearne, Jeremiah, 640, 661. 
 
 Heath, Sir Robert, 403(10), 437, 594. 
 
 , Thomas, 766. 
 
 Hellen, PhiUp. See Fitzgerald, Philip. 
 Henley, George, 405, 406, 407, 408, 941. 
 
 , Robert, 997, HH, 1238. 
 
 Henrietta Island, 375. 
 Henshaw, Thomas, 652, 737. 
 Herbert, William, 52, 75. 
 
 , Charles, 1150. 
 
 _, Vice Admiral, 1289. 
 
 Herbert, of Raglan, Lord, 616, 673. 
 Hercules, 328, 342, 844, 861. 
 Herefordshire, tobacco destroyed in, 
 
 602, 623, 682, 710, 715, 781, 946, 
 
 1003, 1161. 
 Heme, Sir Nathaniel, 1256. 
 Hertford, 14, 640, 661, 680. 
 Heydon, Sir John, 1004, 1013, 1031. 
 Heyraan, Sir Peter, 97. 
 Hicks, Robert, 622. 
 Hill, Col. Edward, 1250. 
 
 , George, 686. 
 
 , John, sailor. 213. 
 
 , John, merchant, 700, 862, 949. 
 
 , Mrs. of Virginia, 275. 
 
 , Rebecca, 921, 948. 
 
 , Rowland, 700, 862. 
 
 , Thomas of Virginia, 394, 427. 
 
 , Thomas, transported, 607. 
 
 Hillcotts (plantation in Barbados), 805. 
 Hillyard, Clemence, 499. 
 Hilton, Anthony, 238. 
 Hinton, William, 1020, 1023. 
 Hispaniola, 634, 868, 873, 1142, 2175. 
 Hobson, Paul, 654. 
 Hog Island, 1223. 
 Holdopp, Averina, 656. 
 
 , Richard, 656. 
 
 Holden, Randall, 1224, 1233-4, 1236, 
 
 1244, 1291. 
 Holland. 579, 582, 658, 851, 905, 918, 
 
 1038(2). 
 Ambassador to, 1111, 1353; and 
 
 see Dorchester, Lord; Downing, 
 
 Sir G.; Temple, Sir W. 
 Ambassador from, 405, 491, 575, 
 
 742, 767, 769, 773, 776, 815, 901, 
 
 905^918, 1058-9, 1211, 1225, 1302, 
 
 1353 ; see also Leuwen, de. 
 trade with (licit), 202, 312, 644, 780. 
 trade with (illicit), 270, 332, 334, 
 
 346 537, 569, 577, 601, 823, 1011. 
 ships 'captured by, 659, 681, 690, 
 
 722, 736, 952-4, 964, 969, 975, 986, 
 
 994, 997. 
 in West Indies, 194, 405, 748, 750, 
 755, 791, 897, 901, 1237, 1242, 
 1259, 1316, 1321. 
 
908 
 
 INDEX. 
 
 Holland — cont. 
 
 in Surinam, 749, 776, 797, 810, 814, 
 
 864, 1093, 1353. 
 in New York, 78, 344, 601, 730-1, 
 758, 800, 809, 812, 819, 842, 942. 
 on the Delaware, 897. 
 in Newfoundland, 445. 
 in Nova Scotia, 1271. 
 Holland, Elizabeth, 217. 
 
 . Henry Rich, Earl of, 375, 460. 
 
 Holies, Denzil (afterwards Lord), 484, 
 491, 513, 522, 529, 572, 693, 747, 
 815, 847, 1021, pp. 819-20. 
 HoJman, John, 844, 861, 876. 
 Holt, Randal, 275. 
 Honour, 401, 428, 429, 474, 479. 
 Hoop, 755. 
 
 Hope, 848, 855, 868, 886, 898, 957. 
 Hope Island, 1222. 
 Hopeful Adventure frigate, 667. 
 Hopewell, 374, 465, 466, 744, 765, 782, 
 
 800, 893, 896, 950, 1130. 
 Hopliins, Andrew, 675(2). 
 Hopton, Sir Arthiu', 417 (note). 
 
 , Ralph, Lord, 611. 
 
 Horst, John, 658. 
 Horton, David, 957. 
 Hoskins, John, 657. 
 Hossen, John, 1237. 
 Hotchkins, Mr., 275. 
 Hoiiel, Chevalier de, 523. 
 How, Mary, 963. 
 
 , William, 965, 979, 984 
 
 Howe, Mr. (William ?), 511. 
 Howard, William, 1187. 
 Howser, Henry, 899. 
 
 , Wolfgang, 899. 
 
 Huddlestone, Capt. John, 167. 
 Hudson, Francis, 1202. 
 
 , Henry, 1349. 
 
 , Robert, 295. 
 
 , Thomas, 606. 
 
 Hudson River, 344. 
 
 Hudson's Bay, 821, 824, 883, 1057, 
 
 1238(9). 
 Hughes, John, 1171. 
 
 , Lewis, minister in Bermudas, 
 
 134, 136, 217. 
 
 Hull, 675(6), 722, 727, 986. 
 
 Humility, 961, 972, 984, 1007, 1217. 
 
 Huncks, Sergt.-maj., Governor of Bar- 
 bados, 449, 477. 
 
 Hungerford, Sir Edward, 821. 
 
 Hunger Road, 727. 
 
 Hunt, William, 1108, 1198. 
 
 Huntingdon, Henry, fifth Earl of, 18, 
 38. 
 
 Hurst, William, 757. 
 
 Hussey, Capt. Christopher, 1293. 
 
 Hutchinson, Richard, 514. 
 
 Hyde, Captain, 370. 
 
 , Gilbert, 361. 
 
 , Sir Laurence, 1353, p. 820. 
 
 Iceland, fisheries, 934. 
 
 Idle, Capt. Wm., 986, 999, 1008, 1015, 
 
 1022, 1027, 1049, 1067. 
 Ilfracombe, 269, 271. 
 Indians, Appomattox, 1169. 
 in Dominica, 1037, 1039, 1064. 
 in Guiana, 837. 
 in Maryland, 1196. 
 in NewEngland,286, 289, 567, 1212 
 
 1214, 1234, 1244-5, 1255. 
 in Newfoundland, 1023. 
 in Surinam, 1275. 
 
 in Virginia, 87, 154, 162(15), 174, 
 211 (15, 16), 1074, 1169, 1196, 
 12.10. 
 Inion, John, 964. 
 Insurance, 368- 
 Ipswich, 326, 329, 341. 
 Ireland, 2, 181, 206, 356, 537, 690, 
 722, 744, 765, 848, 851, 891, 898, 
 1000, 1177, 1257, 1274. 
 Lord Deputy of, 1, 7, 54. 
 Lords Justices of, 523, 1047. 
 Lord Lieutenant of, 1047, 1338, 
 Irish in West Indies, 790, 854. 
 provisions for West Indies from , 1275 
 tobacco in, 68-9, 503, 1077, 1083. 
 trade with plantations, 649, 705, 
 1104, 1287; and see also Dublin, 
 Kinsale. 
 
INDEX. 
 
 909 
 
 Ireland, John, 82. 
 
 Isle of Wight, 814-5, 957, 1020, 1238(7). 
 Isle of Wight County (Va.), 1205. 
 Isles, Captain William, 700, 857, 862, 
 
 881, 900. 
 Italy, 488, 735. 
 
 Jacob, Abraham, 41. 
 
 , John, 202. 311. 
 
 Jacobs, Burgh, 1093. 
 Jamaica, 499, 512, 518, 526, 558, 586, 
 634, 666-7, 675(6), 676, 739, 839, 
 845-6, 855, 898, 919, 938, 944, 965, 
 970, 973, 979, 984, 994, 996, 1012, 
 1026, 1036, 1056, 1115, 1134, 1142, 
 1148, 1150, 1152, 1157, 1232, 
 1238(3), 1242, 1246-7, 1250, 1281, 
 1308, 1321, 1325, 1336, 1345, 1347. 
 
 Committee for, 491,, 500, 522, 538-9, 
 552, 556, 625, 630, 634-5, 079. 
 
 Constitutional struggle with, 1177, 
 1201-2, 1257, 1274-5. 
 
 church in, 522, 899, 1177, 1263. 
 
 criminals, etc., transported to, 517, 
 638, 651, 1217, 1225, 1227. 
 
 establishment for, 559, 593, 798, 
 1235, 1238. 
 
 inqviiry into state of, 489, 516. 
 
 immigration : from Leeward Islands, 
 1275 ; from Newfoundland, 917 ; 
 from Surinam, 1059, 1118, 1275. 
 
 laws of, 1202, 1209. 
 
 pirates in, 1089, 1091, 1181, 1252. 
 
 refusal to restore to Spain, 501. 
 
 revenue of, 522, 1086, 1154, 1163, 
 1176, 1193. 
 
 spice-growing in, 804. 
 
 slave-trade at, 672. 
 
 ships to defend, 751, 762. 
 
 stores for, 492, 494-7, 502, 511, 566, 
 559, 613-4, 655, 1010, 1174, 1208. 
 
 troops in, 522, 526, 547. 
 
 Governors of. -See Carlisle, Earl of ; 
 D'Oyley, Edward ; Littleton, Sir 
 C. ; Modyford, Sir Th. ; Lynch, 
 Sir Th.; Vaughan, Lord; Windsor, 
 Lord. 
 
 Jane, 275-6. 
 
 Janes, a poor woman, 275. 
 
 Janson, Dr. Henry, 590, 591. 
 
 Janssen, Alberto, 1342. 
 
 Janvrin, Daniel, 1182, 1188. 
 
 Jarvis, Thomas, 979. 
 
 Jauncy, James, 1004. 
 
 Jeaffreson, John, 113, 150. 
 
 Jamaica Merchant, 638, 651. 
 
 James, 157, 162(9), 445, 755, 848, 1041. 
 
 James River (Va.), 429, 1103, 1186, 
 
 1301. 
 Jamestown (Va.), 162(11), 252, 398, 
 
 457, 928, 1170, 1186, 1252, 1314 
 Jeffreys, Colonel Herbert, Lieut. Gov. of 
 
 Virginia, 1095, 1167-9, 1187, 1196, 
 
 1198, 1231, 1250, 1270, 1312, 
 
 1326, 1332, 1335. 
 
 , Jolin, his son, 1270. 
 
 , Alderman Jolin, 636, 866, 1170, 
 
 1219, 1326, 1332. 
 , Mrs., widow of Col. Herbert, 
 
 1270, 1326. 
 Jenkins, Dr., (later Sir), Leoline, 
 
 Judge of the Admiralty, 690, 816, 
 
 863, 873, 1060, 1328, 1338, 1341 ; 
 
 p. 820. 
 Jennings, John, 558. 
 
 , Thomas, 363, 402. 
 
 Jeroenson, Jeroen, 1038(2), 1058. 
 Jersey, 747, 790, p. 820. 
 
 trade with plantations, 926-7, 932, 
 
 936, 957, 963, 1068, 1072, 1084, 
 
 1102, 1182, 1188. 
 Jersey frigate, 863. 
 Jervis, Humphrej', 1287. 
 Jews, at Amsterdam, 823. 
 in Barbados, 869, 875. 
 in Surinam, 1059, 1061, 1118. 
 petition to settle in plantations, 1348. 
 John, 445, 662, 578, 580, 723(14). 
 John and Barbara, 402. 
 John and Mary, 706. 
 John and Sarah, 651. 
 John and Thomas, 651, 750. 
 Johnson, Alderman, 86, 122. 
 
 , Edward, 275. 
 
 , Elizabeth, 275. 
 
 , John, 780. 
 
910 
 
 INDEX. 
 
 Johnson, Nathaniel, 832. 
 JoUifte, Mr., 802. 
 Jonas, 739. 
 Jones, Clement, 27.5. 
 
 , Elizabeth, 801, 830. 
 
 , John, 959(2). 
 
 , Margaret, 275. 
 
 , Roger, 814. 
 
 . Sir William, 108, 110. 
 
 , Sir W. (Attorney General), 1181. 
 
 Jordaines, the, 938. 
 Joseph, Captain Benjamin, 5. 
 Joseph of Bristol, 997, 1302. 
 Joyner, William, 988. 
 Julian, Philip, 1127. 
 Jurin, John, junior, 743. 
 Juryan, John, 514. 
 
 K. 
 
 Katherine. See Catherine. 
 
 Keck, George, 723(5). 
 
 Keeper, Lord, 300, 313, 330, 354, 360, 
 
 475, 863. 985, 991, 1021. 
 Keinston, Dorothy, 275. 
 Kempe, Richard, Secretary of Virginia, 
 
 395, 446, 472. 
 Kempthome, Captain, 885. 
 
 , Capt. William, 160. 
 
 Kendall, Thomas, 506, 511, 590-1, 610. 
 Kent, 12. 
 
 tobacco -growing in, 71. 
 Kent, John, 1335. 
 
 , Richard, 1311. 
 
 Kent, 1036. 
 
 Keyes, Captain Henry, 268. 
 
 Keynton, Thomas, 411. 
 
 Kighley, Thomas, 117. 
 
 Killegrew, Sir Robert, 122. 
 
 King, William, 188, 331, 337, 347, 433. 
 
 King Road (Bristol), 722, 727. 
 
 King Charles, 819. 
 
 King David, 592, 597, 675(5), 885, 
 
 894, 1006, 1009. 
 Kingdon, Lemuel, 1300. 
 Kinge (in Gloucestershire), 337. 
 King's Land in St. Christopher, 1000. 
 King's Province (New England), 1233, 
 
 1234. 
 
 Kingsland, Nathaniel, 783, 843, 856. 
 Kingston-on-Thames, 527. 
 Kingswell. Edward, 339, 350, 352-4. 
 KinnoiiU, William, Earl of, 498, 506, 
 
 543, 599, 652, 677, 882. 
 Kinsale, 1, 356, 523, 722, 765, 945, 950, 
 
 1287. 
 Kirby, Charles, 1342. 
 Kirke, Sir David, 231, 233, 239, 279, 
 
 283, 298, 300-1, 308, 460-1, 475. 
 , George, Master of the Robes, 
 
 298, 301, 675(2). 
 , Gervase, attack on Canada, 223, 
 
 224. 
 
 , James 298. 
 
 , John, 298, 550. 
 
 , Sir Lewis, 298, 301, 530, 550. 
 
 , Thomas, 298. 
 
 Knight (Knights), John, 560, 723(14), 
 
 806. 
 
 , Thomas, 560, 865. 
 
 Knowles, Sands, 1191. 
 Kynaston, Sir Francis, 58. 
 
 L. 
 
 Laconia, adventurers to, 391. 
 
 La Francoise, 238, 240. 
 
 Larabe, William, transported, 25. 
 
 Lamport, John, 682. 
 
 Land's End, 659. 
 
 Lane, John, 454, 456. 
 
 , Thomas, 1219. 
 
 Lang, John, 919. 
 Langdon, Elianor, 541. 
 
 . John, 541. 
 
 , Robert, 541. 
 
 Langford, Captain Abraham, 634. 
 Langston, Captain Anthony, 723(15). 
 Langworth, Peter, 1263. 
 Lano, Martin de, 954. 
 Lanzarote (Lancerota), 18. 
 Larimore, Capt. Thomas, 1183. 
 Larkin, William, 661. 
 La Rochelle, 5, 225, 377, 675(5), 739, 
 
 885, 933, 975, 1000. 
 Lassells, James, 1202. 
 Latham, William, 599(4). 
 
INDEX. 
 
 911 
 
 Latimer, Viscount, See Danby. 
 Latman (Satman), Robert, 130. 
 La Tour, Charles Saint Etierme de, 
 
 508. 
 Lauderdale, John, Duke of, 536, 555, 
 
 747, 913, 1021, 1317, p. 819. 
 Laurens, John du, 939. 
 Lawndey, Lewis, 661. 
 Leaker, de, Mr., 579. 
 Leat, John, 1295. 
 Leate, Nicholas, 48. 
 Leeward Islands. See Caribbee Islands. 
 Leaver, William, 669. 
 Lee, Major Richard, 1250. 
 Legay, Isaac, 743. 
 Legge, Colonel WiUiam, 599, 789. 
 Leicester, Robert, Earl of, 484, 572. 
 Leigh, Francis, 1250. 
 Leith (Liath), 668, 748, 768, 848, 967. 
 Le Moine, Bernard, 1093. 
 Lemon, 214. 
 
 Lempriere, Thomas, 963. 
 Lanhather (Lanuthern), Daniel, 1171. 
 Leimox, Ludovick Stuart, Second 
 
 Duke of, 37, 65. 
 Lenthall, Sir John, 633. 
 Leonard and John, 1079. 
 L'Esprit du Bois of Olonne, 1105. 
 Lettene, John, 723. 
 Leuwen, Herr van Leyden de, Dutch 
 
 Ambassador, 1310, 1316. 
 Leveret, John, Governor of Massa- 
 chusetts Bay, 1013, 1216, 1244. 
 Lewis, Morgan, 880. 
 Lidget, Peter, 1026. 
 Liefde, 1038(2). 
 Limbrey, John, 651. 
 Limerick, 675(5). 
 Lincoln, 172, 176. 
 
 tobacco destroyed in, 1085, 1161. 
 Lindsay, John, iirst Earl of, 610. 
 Lisbon, 606, 933. 
 Lisle, George, 178. 
 
 Lisola, Baron de, Imperial Ambassa- 
 dor, 756. 
 Litcot, Giles, 667, 676. 
 Little Dogger, 1092. 
 LiUle Hay, 204, 214. 
 
 Liu!e John, 959(1). 
 Littlebury, Captain, 888. 
 Littleton, Sir Charles, 593, 601, 630, 
 635, 970. 
 
 , Thomas, 238. 
 
 Liverpool, 675(6), 1127. 
 Lloyd, Humphrey, 394. 
 
 , Sir Philip, 951, 1081, 1134 ,1237. 
 
 , Sir Richard, 1075, 1114, 1120, 
 
 1144, 1162, 1164, 1287. 
 
 , — , 998. 
 
 , William, 750. 
 
 Locke, John, 962. 
 
 Lockhart, Sir Wm., afterwards Lord, 
 
 1051, 1093. 
 Lockwood, David, 1238(3). 
 Locust Hall (plantation in Barbados), 
 
 698. 
 London, 16, 58, 91, 139, 176, 181, 184. 
 238, 267, 292, 295, 298, 303, 314, 
 325, 339, 361, 369, 371, 379, 393, 
 396, 435, 512, 517, 525, 535, 570, 
 606, 633, 659, 669, 685, 706-7, 
 726, 732, 738, 743, 842, 870, 879, 
 929, 941, 992, 1017, 1077, 1141, 
 1179, 1182, 1188, J202, 1256, 1313. 
 ships of, 195, 200, 230, 256-7, 259, 
 280-1, 309-12, 401, 428, 444-5, 
 447, 466, 474, 476, 479-481, 560, 
 640, 651, 661-2, 675, 678, 681, 
 700-1, 723, 756, 817, 846, 905, 
 933, 949, 961, 1006-7, 1130, 1168, 
 1238, 1342. 
 Lord Mayor of, 243-4, 246-7, 254, 
 
 488, 527. 
 Bishop of, 302, 404, 522, 899, 1145, 
 1159, 1165, 1177, 1245, pp. 634, 
 819. 
 tobacco growing in, 40, 71. 
 imports of tobacco restricted to, 198, 
 
 269-71, 332, 351, 355-6, 415. 
 children transported from, 42. 
 Long, Richard, 443. 
 Long Island, 723(17), 942. 
 Lother, Richard, 175. 
 Louzada, David Baruch, 875. 
 Love, Matthew, 1152. 
 Alderman WiUiam, 514. 
 
912 
 
 INDEX. 
 
 Love, 184, 272, 275, 428, 447. 
 
 Loveday, Thomas, 862. 
 
 Lovelace, Francis, Governor of New 
 York, 828. 
 
 , Sir William, 12. 
 
 Lovett, Sir Francis, 58. 
 
 Lovewell, William, 213. 
 
 Loving, Thomas, 411. 
 
 Low, William, 837. 
 
 Lucas, Nicholas, 640, 661. 
 
 Lucy, Jacob, 817, 846, 933. 
 
 Ludwell, Col. Philip, 1250. 
 
 , Thomas, Treasurer of Virginia, 
 
 1029, 1149. 
 
 Lundy, 722. 
 
 Lunsford, Sir Herbert, Deputy Gover- 
 nor of Jei'sey, 1084. 
 
 Lnntley, John, 1063. 
 
 Lygonee (Leigony), 1202. 
 
 Lymo, 135, 140, 323, .351, 612, 675(6), 
 879, 915. 
 
 Lynch, Captain Christophei, 906. 
 
 , — , 1056. 
 
 , Capt. Thomas, 497, 499. 
 
 , Sir Thomas, 944, 1056, 1142, 
 
 1154, 1164, 1274. 
 
 Lyot, Allin, 182. 
 
 M. 
 
 MacCartney, George. 755, 1041. 
 Machinn, Richard, 275. 
 Madeira, 949, 1023, 1054, 1073. 
 Madrid, 505, 1024. 
 
 Treaty of, 1152, 1336. 
 Maine, 391, 1293. 
 
 Mr. Gorges' claim to, 888, 1014, 
 
 1050, 1159, 1199, 1284. 
 Major, — , 410. 
 Majorca, 1036. 
 Malaga, 451, 466, 662-3, 756, 885, 
 
 958. 
 Mallett, Captain Thomas, 796. 
 Maltravers, Thomas, Lord, 403(10). 
 Man, Captain Eustace, 279, 285, 287, 
 
 293, 294, 296, 297. 
 Mann, Edward, 958. 
 
 Mann, John, surveyor of Customs, 586, 
 
 946, 1003. 
 Manchester, Edward, Earl of. Lord 
 
 Chamberlain, 488, 491, 572. 
 Manhattan. See New York. 
 Mami8 of London, 447. 
 Margaret, 351, 748, 768. 
 Maria, 1107, 1114, 1120, 1122, 1144, 
 
 1172. 
 Marie-Galante, 523. 
 Marin, John Gomez, 81, 83, 84. 
 
 , Dona Lucia, 81. 
 
 Mark of London, 1006. 
 Marlborough, James Ley, first Earl 
 
 of, 599. 
 , , third Earl of, 599, 
 
 652, 677. 
 Marlott, William, 1, 2, 7. 
 Mars, H.M.S., 699. 
 Marriott, Mr., 594. 
 
 Marsh, Gabriel, Marshall of the Ad- 
 miralty, 250, 328-9. 
 
 , George, 881. 
 
 Marshall, Earl, 302, 313, 323, 330, 360, 
 
 863. 
 
 , Henry, 640, 661. 
 
 Martin, Sir Henry, 196, 228, 231, 233-6, 
 
 239, 257, 259-60, 285, 287-8, 290, 
 
 294, 296, 346, 373, 375, 394, 405, 
 
 407-8, 427. 
 
 , Captain Jolin, 120. 
 
 , John, 723(1). 
 
 , Michael, 1131. 
 
 , Monsieur, 975. 
 
 , Owen, 546, 549. 
 
 , Richard, 1293. 
 
 . Thomas, of London and Jamaica, 
 
 675(4), 855, 868, 887, 898, 908, 
 
 912, 914, 1017, 1086, 1154, 1163, 
 
 1193, 1210, 1308. 
 — — , William, a messenger, 454. 
 Martines, Jacob van, 1348. 
 Martinique, 898, 908. 
 Martin's Hundred, 211. 
 Martyn, Nicholas, 657. 
 Mary, 1226. 
 Mary and Agnes, 606. 
 Mary and Jane, 846. 
 
INDEX. 
 
 913 
 
 Mary and John, 328, 342. 
 Mary Rose, 443, 1283. 
 Maryland, 322, 403(10), 729, 897, 904. 
 trade to, 532, 542, 544, 609, 642, 
 722, 765, 774, 782, 893, 896, 1098, 
 1103. 
 tobacco-growing in, 473, 566, 627, 
 
 636, 639, 733. 
 Indians of, 1196. 
 " spiriting " to, 1306. 
 Governor of. See Calvert, Philip ; 
 Baltimore, Lord. 
 Maskalyn, William, 505. 
 Mason, Dr., 530. 
 
 , Captain John, 418. 
 
 , Kobert, 1014, 1050, 1109, 1116, 
 
 1119, 1155, 1199, 1284, 1293. 
 Massachusetts Bay, 258, 1241. 
 
 doubtful loyalty of, 1158, 1160, 
 
 1216, 1227. 
 complaints of Andros against, 1212, 
 
 1214. 
 disputes with Bhode Island, 1224, 
 
 1233-4, 1236, 1244-5, 1291. 
 claims of in Maine and New Hamp- 
 shire, 1014, 1050, 1109, 1116, 
 1119,1155,1159, 1199, 1244, 1284, 
 1293. 
 See also Boston ; New England. 
 Master of the Bolls, 52, 86, 93, 97, 136. 
 Master of the Wards, 43. 
 Mathew, Thomas, 955. 
 
 , — , 316. 
 
 Matthew and Francis of London, 823. 
 Matthews, Prudence, 217. 
 
 , Captain Samuel, 113, 367, 409- 
 
 10, 427, 434-5. 
 Maxwell, Robert, 247, 249. 
 May, Isle of, 1238. 
 May, Laurence, 213. 
 , Captain Thomas, 640, 678, 680, 
 
 684. 
 Mayflower, 340, 480. 
 Maynard, Sir John, 941. 
 Meade, Philip, 295. 
 Meares, Barnabas, 514. 
 Meautys, Sir Thomas, 341-2, 416, 418, 
 
 427, 437. 
 
 Meese, Henry, 1006, 1009, 1219, 1250. 
 Melcombe Regis, 323, 612, 879, 915. 
 Mendez, Daniel, 1348. 
 Menick, Susanna, 607. 
 Mermes, Sir John, 270, 272. 
 Mercado, Moses his Kinuh de, 1348. 
 Merchant Adventurer of London, 453. 
 Merchant Adventurers, 488. 
 Merchant's Adventure, 898. 
 Merchants' Consent, 1055. 
 Merchants' Delight of London, 1130. 
 Merifield, Ralph, 150, 164, 199. 
 Merrick, Giles, 690. 
 
 , William, 690. 
 
 Merrimac River, 1159, 1284, 1293. 
 Merrit, Isaac, 1217. 
 Merry, Sir Thomas, 126, 175. 
 Merwarshope (St. Christopher), 150. 
 Meeae, Thomas, 661. 
 Meyer, John, 579, 582, 583. 
 Michell, John, a minister, 391. 
 Micklethwaite, Dr. John, 514. 
 Middelburg, 575, 579. 
 Middle Plantation (Virginia), 1169. 
 Middlesex, tobacco growing prohibited 
 in, 40, 71. 
 
 transportation from, 643. 
 
 coimty in Virginia, 1192. 
 Middleton, Arthur, 1102. 
 
 , Colonel, Surveyor of the Navy, 
 
 784. 
 
 , Benjamin, 1249. 
 
 , Thomas, 13. 
 
 , Thomas, 688, 871, 877. 
 
 MiKord Haven, 675(6), 1093. 
 Miller, Christopher, 944. 
 
 , John, 901. 
 
 , Mary, 944. 
 
 , Thomas, 1327, 1349. 
 
 Milner, Alderman Tempest, 514. 
 
 Milton, Anne, 1228. 
 
 Mingham, Francis, 1308. 
 
 Minors, William, 1295. 
 
 Miscellany Plantation (Hispaniola), 
 
 634. 
 Mixton, John, 213. 
 Modyford, Sir Charles, 762, 777, 798, 
 822, 839, 1347. 
 
914 
 
 INDEX. 
 
 Modyford, Sir Thomas, 509, 630, 634, 
 
 637, 666-7, 672, 798, 828, 839. 
 
 873, 887, 1202, 1242, 1246, 1347. 
 Molesworth, Hender, 638, 1154, 1347. 
 Molina, Count de, Spanish Ambassador, 
 
 845. 
 Molineux, Sapcott, transported, 13. 
 Monmouth, James, Duke of, 1003. 1032, 
 
 1085, 1161, 1220. 
 Monmouthshire, tobacco in, 433, 602, 
 
 623, 682, 710, 781. 
 Monomaclc River. See Merrimac. 
 Montague, Sir Charles, 136. 
 Montagu, Ralph, Ambassador in 
 
 France, 1017. 
 Montgomery, Philip, Earl of, 203. 
 Montserrat, 150, 653, 658, 739, 852, 
 
 854, 898, 1062, 1141, 1230. 
 Governor of. See Byde, Moyer ; 
 
 Osborne, Colonel Roger ; Staple- 
 ton, Colonel Edmond. 
 Moore, John, 954, 1062. 
 Morel, Francis, 182. 
 Morgan, Sir Henry, 613, 1275, 1308. 
 
 , Isaac, 712. 
 
 . Sir Thomas, Governor of Jersey, 
 
 926, 1182 
 
 , Walter, 813. 
 
 Morice, Sir William, Secretary of State, 
 
 484, 488, 491, 509, 513, 522, 529, 
 
 536, 560, 572, 610, 677, 693, 747, 
 
 797, 920. 
 Morley, Susan, 978, 981. 
 , Captain Thomas, 758, 834, 978, 
 
 981. 
 Morrice, Capt. Robert, 1183, 1226, 
 
 1253. 
 Morton, Sir Albertus, 70, 72, 73. 
 
 . Sir Francis, 1171, 1276. 
 
 , Sir William, 611. 
 
 , William, of Connecticut, 632. 
 
 Mortimer, Maris, 949. 
 
 Moryson, Colonel Francis, agent for 
 
 Virginia, 611, 636, 695, 733, 1029, 
 
 1094-5, 1167-70, 1186, 1198. 
 Mosse, Peter, 837. 
 Mount, the (Plantation in Barbados), 
 
 688. 
 
 Mountfort, Thomas, 722, 727. 
 
 Moimthope (New England), 1245. 
 
 Mountney, Richard, 1047, 1056. 
 
 Mource, 1225. 
 
 Moukm, 182. 
 
 Much Maplestead, 714. 
 
 Mudd, Ambrose, 723(10), 760. 
 
 Mumford, William, 1190. 
 
 Munden, Captain Robert, 952-3. 
 
 Munsey, Mr., 382. 
 
 Munster, Vice-admiral of, 950. 
 
 Muscovy Company, 5, 1299. 
 
 Mutlow, Major, 1300. 
 
 N. 
 
 Nancimond Indians, King of, 1169. 
 
 Nantes, 739, 757. 
 
 Narborough, Admiral Sir John, 1278, 
 
 1289. 
 Narragansett, 1222-3, 1234, 1244^5. 
 Naunton, Sir Robert, 31, 43. 
 Navigation Acts, 490, 536, 537, 587, 
 
 598(12), 605, 618, 705, 765, 1046, 
 
 1100, 1113, 1227, 1275. 
 suspensions of, 649, 711, 719, 982, 
 
 1006, 1009. 
 dispensations from, 504, 606, 608, 
 
 644, 662-3, 757, 765, 774, 790, 
 
 926-7, 932, 937, 957, 990, 1047, 
 
 1270. 
 breaches of, 569, 575, 577-8, 601, 
 
 820, 823, 827-9, 928, 1011, 1072, 
 1182, 1287. 
 
 oath for plantation governors, 1078, 
 
 1080, 1171. 
 forms for passes, 1123. 
 Navy, commissioners of, 494, 511, 556, 
 
 559, 681, 704, 723(22), 762, 764, 
 
 821, 825, 834, 857, 908, 948, 1208, 
 1264, 1335. 
 
 officers of the, 1272, 1335. 
 
 Treastirer of the, 511, 728, 1183. 
 Naylor, William, 643. 
 Needham, Captain Robert, 888. 
 , Major William, 797, 803, 837. 
 
INDEX. 
 
 915 
 
 Negroes, 560, 593, 629, 852, 856, 864, 
 1012, 1056, 1065, 1075, 1090, 
 1100, 1102, 1114, 1118, 1120, 
 1121,1131,1211,1237, 1242, 1246, 
 1259, 1341, 1347. 
 trade to Spanish Indies in, 587, 672, 
 
 852, 1054. 
 price of, 1011. 
 See also Africa. 
 Nelson, Robert, 530. 
 Neptune, 132, 328, 342, 450, 949. 
 Netheway, Major John, 1276. 
 Nevis (Mevis), 150, 651, 653, 700, 702, 
 723(14), 732, 844, 854, 898, 959(2), 
 964, 969, 980, 992, 1211, 1230, 
 1237, 1238(7), 1330, 1338, 1345. 
 breach of Navigation Laws, 820. 
 revenue of, 852, 878. 
 estate of English Smith, 833, 962, 
 
 971, 974. 
 Governor of. See Russell, Sir James. 
 Nevis Merchant, 959(2). 
 Now Amsterdam, 344, 730. 
 Newcastle, 193, 195, 675(6). 
 Newdigate (Newgate), Nathaniel, 732. 
 New England, 65, 78, 132, 151, 341-2, 
 389, 412, 504, 519, 521, 551, 553, 
 574, 608, 661-2, 669, 723, 756, 
 831, 844, 954, 957, 959-60, 962, 
 967, 1011, 1026, 1068, 1073, 1084, 
 1182, 1188, 1238, 1255, 1285, 1303. 
 Committee for, 302, 306, 313, 513, 
 
 515, 521, 585, 725. 
 Commissioners for, 576, 589, 632. 
 patent called in, 366. 
 monopoly of trade to, 74, 89. 
 Sir F. Gorges, debts in, 391, 416, 
 
 418, 422, 441, 462. 
 Indians of, 286, 289. 
 fisheries in, 65, 181, 413, 418, 426, 
 
 445, 942, 1023. 
 stores for, 79, 159, 258, 268, 387, 
 393, 443, 450-3, 455, 458, 465-70, 
 478', 615, 707, 723(13). 
 naval stores from, 644, 681, 699, 
 
 1272. 
 Navigation Acts in, 504, 601, 990. 
 Royal African Company in, 1013. 
 stay of ships for, 381, 383-5, 414. 
 
 New England — com. 
 
 Corporation for Propagation of 
 
 Gospel in, 510, 514, 528, 567. 
 disaffection in, 306, 326, 327, 328, 
 
 329, 1143, 1218, 1239. 
 disputed territory in, 1014, 1025, 
 
 1159, 1199, 1222-4, 1234, 1243. 
 See also Massachusetts, Connecticut, 
 
 Maine, Rhode Island, New Ply- 
 mouth. 
 Newfoundland, 1, 2, 4, 31, 33, 46, 60, 
 
 66, 180-2, 412, 414, 445, 578, 580, 
 
 617, 641, 645-6, 923(9, 10, 20, 21), 
 
 757, 760, 867, 885, 891, 909, 933, 
 
 939, 958-9, 975, 1020, 1040, 1069, 
 
 1079, 1105-6, 1124^5, 1130, 1238, 
 
 1294, 1299, 1339. 
 Committee for, 43, 610, 716. 
 iron worlis projected in, 51, 53. 
 stores for, 222, 424, 443, 450-2, 454- 
 
 6, 465-70, 675. 
 fish transported in English vessels 
 
 only, 282, 324-5. 
 beaver trade in, 1023. 
 dispute between fishers and planters, 
 
 460-1, 475, 915(3), 1128, 1136, 
 
 1194-5. 
 planters encouraged to emigrate, 
 
 917, 1023. 
 dispute between Western Ports and 
 
 Patentees, 362, 364-5, 369, 371. 
 rules for passes to, 1087. 
 additions to Charter for, 911, 915, 
 
 917. 
 suggested Governor for, 716, 735, 
 
 879, 889, 1023, 1350. 
 laws for, 323, 612, 915, 1023. 
 reports on, 1023, 1073. 
 fleet, regulations as to impressment, 
 
 137, 152. 
 , not to sail, 130-1, 135, 140, 
 
 934, 1204. 
 , convoy for, 752, 916, 1023, 
 
 1256, 1266, 1283. 
 New Hampshire, regulation for 
 
 Government of, 1293. public seal 
 
 for, 1304. See also Gorges, F., 
 
 Mason, R. 
 Newhaven, 182. 
 
916 
 
 nifDBX. 
 
 Newland, Benjamin, 1256. 
 New London (Conn.), 632. 
 Newman, Richard, 607. 
 
 , Thomas, 760. 
 
 New Netherlands. See Nev/ York. 
 New Plymouth, 59, 723, 1159, 1223-4, 
 
 1244, 1245, 1255, 1291, 1293. 
 Newport, Francis, Lord, 928. 
 
 , Thomas, 130. 
 
 Newton, Samuel, 1171. 
 New York, 601, 669, 723(17), 758, 825, 
 834, 938, 942, 986, 1152, 1212, 
 1238(4), 1334, 1344. 
 Dutch at, 730-1, 800, 809, 812, 819, 
 
 842, 850. 
 Scottish settlers for, 841, 848. 
 establishment for, 1288. 
 governors of. See Andros, Lovelace. 
 Niantio Country, 1234. 
 Nicholas, 661, 926-7. 
 Nicholas, Bernard, 846. 
 
 , Sir Edward, 279, 350, 352, 353, 
 
 484, 491, 505,-613, 522, 529, 536, 
 Sm, 572. 
 NichoUs, Francis, 559. 
 
 , John, 606. 
 
 , Colonel Richard, 615, 730-1, 888. 
 
 Nicholson, George, 570. 
 Nightingale, H.M.S., 967. 
 Nightingall, WiUiam, 1321. 
 Noble Katherine, 1238(8). 
 Noden, Hugh, 1004. 
 Noell, Sir Martin, 511, 514, 667, 676, 
 935. 
 
 , Thomas, 667, 676. 
 
 Nonesuch frigate, 994. 
 Norfolk, 88. 
 
 Norfolk, Thomas, Duke of, 594. 
 North, Francis, 1159. 
 
 , Captain Roger, 34-37, 39, 47, 
 
 54-57, 61-2, 64, 67, 69, 72-3, 76. 
 Northampton, James, Earl of, 1037, 
 
 p. 703. 
 Northbowood, 1321. 
 Northcott, Sir John, 716. 
 Northumberland, Algernon, tenth Earl 
 
 of, 454, 471, 539. 
 North-West Passage, 253. 
 
 Norton, John, 643. 
 
 Norway, 644. 
 
 Notre Dame of Havre de Grace, 187. 
 
 Nott, — , 130. 
 
 Nottinghamshire, tobacco destroyed 
 
 in, 172, 176, 1085, 1161, 1220. 
 Nottoways, King of, 1169. 
 Nova Scotia (Acadia), 530. 
 
 Committee on, 508, 529. 
 
 baronets of, 419. 
 
 claimants to, 508, 545, 548, 550, 
 554-5. 
 
 granted to Colonel Temple, 562. 
 
 restored to France, 734, 753, 787, 
 831, 835, 1245. 
 
 Dutch memorial concerning, 1271. 
 
 0. 
 
 Oakes, Henry, 560. 
 
 O'Brien, Morgan, 520. 
 
 Odway, Lieut. Edward, 1075. 
 
 Ogeron, Monsieur, 1017, 1026. 
 
 Old Abraham, 1016. 
 
 Old Harbovu: (Jamaica), 1202. 
 
 Olonne, 1, 2, 7, 1105. 
 
 Orange, Prince of, 997, 1038(3). 
 
 Orange Tree, 133, 575, 577, 579, 582-3, 
 
 681. 
 Orchard, WilUam, 723(2). 
 Ordnance, Commissioners of the, 695, 
 706, 746. 
 Lieutenant of the, 340, 495, 647. 
 Master of the, 492, 499, 502, 1096, 
 
 1101, 1133, 1141, 1174. 
 and see Carew, Lord ; Chicheley, 
 Sir Thomas ; Compton, Sir 
 William ; Vere, Lord, 
 officers of the, 494, 556, 559, 613-4, 
 
 777. 
 Treasurer of the, 1010, 1174. 
 Oreliana, 37. 
 
 Orgill, Andrew, 885, 1053. 
 Orkney Islands, 668. 
 Ormonde, James, Duke of, 513-4, 
 747, 1021, 1028, 1148, 1159, 
 p. 819. 
 
INDEX. 
 
 917 
 
 Ormsby, Richard, 744. 
 
 Osborne, Charles, Surveyor of the 
 
 Customs, 1085, 1161. 
 
 , .lohn, 643. 
 
 . Col. Roger, Governor of Mont- 
 
 serrat, 601, 658. 
 
 , Thomas, 275. 
 
 Ossory, Thomas, Earl of, 747, 1021. 
 
 O'Sullivan, Captain Florence, 741, 788. 
 
 Otter, John, 643. 
 
 Otway, Captain, 1050. 
 
 Omner^s Adventure, 750. 
 
 Oxford, 13, 665. 
 
 Oxford, Aubrey, Earl of, 623, 966. 
 
 Oxfordshire, tobacco destroyed in, 602, 
 
 623, 682, 781. 
 Oxford frigate, 762, 777, 1307, 1320, 
 
 1322. 
 Oyapok (Wyapoco) River, 37. 
 
 P. 
 
 Pachew, Jacob, 1348. 
 Page, Gregory, 1272. 
 
 , John. 992. 
 
 , Matthew, 723(7). 
 
 , Robert, 374. 
 
 Paget, John, 1170. 
 
 , William, fourth Baron, 58, 122. 
 
 Paggin, William, 1168. 
 
 Painter, Sir Paul, 865, 901. 
 
 Palmer, Vice-Admiral Sir Henry, 164. 
 
 , John, 1334. 
 
 , Thomas, 275. 
 
 Palmeto Point, 535. 
 
 Pamunkey, Queen of, 1169. 
 
 Panton, Anthony, 446. 
 
 Paramour, 213. 
 
 Paris, 898, 914, 1051. 
 
 Parke, Colonel Daniel, Treasurer of 
 
 Virginia, 1149, 1250. 
 Parkin, Edward, 661. 
 Parry, Humphrey, 690. 
 Parshall (Pershore ?), 673. 
 Partnership, 723(5). 
 Partridge, .James, 643. 
 Passage Fort, 1202. 
 
 Patience Island, 1222. 
 Patuxet, (R.I.), 1025, 1224, 1244, 1291. 
 Pavia, Benjamin Nunez, 1348. 
 Payne, Edward, 458. 
 
 ' John, 1084. 
 
 , Capt. Philip, 838. 
 
 , Richard, 1166. 
 
 Peach Tree of Barbados, 906. 
 Peachy, Thomas, 1012. 
 Peake, Sir John, 1238(4). 
 
 , Alderman Sir William, 514, 707. 
 
 Pearce, Abraham, 113, 158, 192, 219, 
 
 316. 
 , (Pearse, Perse), John, 219, 316. 
 
 See also Peirce, and Pierce. 
 Pearl, 772, 813, 950. 
 Peck, Henry, 607. 
 Peddoek, Elizabeth, 275. 
 Peirce, John, 1171. 
 PeUiam, Jonathan, 535. 
 
 , Lydia, 535. 
 
 Pelican, 723(7), 1152. 
 Penobscot, 1058. 
 Penoyer, Benjamin, 837. 
 Pensan, Samuel, 1038(3). 
 Pepperell, Captain 'Nicholas, 674. 
 Pepys, Samuel, 559, 902, 1105. 
 Pereira, Abram, 875. 
 
 , Isaac, 1059. 
 
 Pericuhtah, King of the Appomattox, 
 
 1169. 
 Perin, Francis, 217. 
 
 , George, 686. 
 
 Perkins, Caesar, 837. 
 
 , William, 633, 653. 
 
 Perry, (Hugh?), 252. 
 
 , Mieaiah, 1219. 
 
 Pescod, Mr., 1.53. 
 
 Peter, 185, 938. 
 
 Peter and John, 166, 174, 177. 
 
 Peter Bonaventure, 447. 
 
 Peterson, Derick, 933. 
 
 Petit, Ren6, 1273, 1313. 
 
 Petre, William, Lord, 58. 
 
 Petty Harbour (Nfd.), 461. 
 
 Philip, King, Indian Sachem, 1212, 
 
 1214, 1245. 
 Philip, 275, 723(17). 
 
918 
 
 INDEX. 
 
 Philips, Augustine. 405, 407. 408. 
 
 , Frederick, 842. 
 
 , Nathaniel, 888. 
 
 , John, 12.38(6). 
 
 , Thomas, 440. 
 
 Phoenix, 994, 1064, 1107, 1114, 1122, 
 1172, 122ij. 
 
 Pickering, Gilbert, 1012. 
 
 Picket, John, 661. 
 
 Pierce, Samuel, 244. 
 
 , William, 367, 376, 393, 400, 435. 
 
 See also Pearce. 
 
 Pike, William, 958. 
 
 Pilgrim of Dartmouth, 760, 1030. 
 
 Pindar, Sir Paul, 202, 234-5, 252, 370. 
 
 Pintare, Nehan (Jvian ?) Perez, 961. 
 
 Piracy, 1, 2, 4, 885, 894, 1181, 1202-3, 
 1278, 1289, 1338, and see Algiers, 
 Sallee, Jamaica, West Indies. 
 
 Piscataqua, 268, 662. 
 
 Pitts, Josias, 1295. 
 
 Place, Col. Rowland, 1250. 
 
 Placentia (Nfd.), French fort at, 1023. 
 
 Plantations, Committee for. See Com- 
 mittee. 
 Council for. See Council. 
 
 Planter, 328, 342, 447. 
 
 Planter's Adventure, 1189. 
 
 Player, Sir Thomas, 622. 
 
 Plough of London, 200. 
 
 Plowden, Sir Edmond, 437. 
 
 Plumley, William, 1329. 
 
 Plymouth, 18, 54-5, 57, 74, 133, 182, 
 184, 267, 270, 273, 351, 415, 523, 
 575, 579, 609, 658, 675(6), 723(1 
 and 19), 739, 846, 975, 1077, 1105, 
 1130, 1289. 
 trade with Newfoundland, 31, 46, 
 135, 138, 140, 323-4, 460, 612, 
 716, 879, 891, 915. 
 
 Poetres, Francis, 374, 397, 432. 
 
 Point Comfort (Va.), 425. 
 
 Polhill, Nicholas, 405-8. 
 
 Pollard, Sir Hugh, 544, 572. 
 
 Pomponne, Monsieur de, 1051. 
 
 Pontneuf, Megelot de, 180. 
 
 Poole, 31, 46, 135, 140, 702, 723(2), 
 915, 958. 
 
 Poole, Captain William, 512. 
 
 Pope, Richard, 1338. 
 
 Port Royal (Jamaica), 1202, 1275, 
 
 1308, 1336. 
 Port St. Thomas (Ja.), 1202. 
 Portland, Jerome Weston, second Earl 
 
 of, 344, 572. 
 Portland, H.M.S., 1164. 
 Portsmouth, 151, 184, 206, 221, 268, 
 
 311-2. 644, 681, 699, 764, 1020. 
 (New Hampshire), 1199, 1293. 
 Portsmouth ketch, 858. 
 Portugal, 130, 414. 488, 519, 658, 735, 
 
 760, 1266. 
 Pory, John, 113. 
 , Thomas, mission to Virginia, 
 
 125. 
 Posthorse, 1272. 
 
 Potley, Christopher, transported, 13. 
 Potomac (Patawmeck, Ratowmeck) 
 
 River, 437. 
 Pott or Potts, George, 970, 1016. 
 
 , Mrs., 275. 
 
 Potter, John, 919. 
 
 Potts, Dr. John, 261, 264. 
 
 , Thomas, 970. 
 
 Povey, Richard, 586. 
 
 . Thomas, 899. 
 
 , William, 652, 677. 
 
 Powell, Captain John, 185. 
 
 , Captain Nathaniel, 167. 
 
 , Roger, 13. 
 
 , Thomas, 167. 
 
 , William, 167. 
 
 , Captain, 382. 
 
 Power, Richard, 1238(9). 
 
 Powle, H., 1275, 1284, 1293, 1317, 
 
 1333, p. 819. 
 President, Lord, 122, 1281. 
 Preen, Capt. John, 166, 177, 179, 193, 
 
 195, 230, 256-7, 259. 
 Price, Bartholomew, 1270, 1312, 1326, 
 
 1332. 
 
 , Denzil, 769. 
 
 , Elizabeth, 956. 
 
 , — , chaplain to Barbados Regi- 
 ment, 956. 
 Prime, Capt. Thomas, 175. 
 
INDEX. 
 
 919 
 
 Prince of Bristol, 1338. 
 
 Prince Rupcilt of London, 1238(9). 
 
 Prior (Pryor, Pryer), Francis, 640, 661. 
 
 Privy Seal, Lord, 245, 302, 313, 330. 
 360, 513-4, 522, 529, 634, 693, 
 747, 851, 1021, 1027. 1231, 1245, 
 1281, 1325 ; and see Boberts, Lord. 
 
 Prosperous, 723(3), 1053. 
 
 Prout, William, 1238(2). 
 
 Providence, 723(4), 754, 1065, 1130, 
 1238(7). 
 
 Providence Island, 375. 
 
 Prudence yacht, 1062. 
 
 Pryn, Nicholas, 1168, 1183, 1226, 1253. 
 
 Puckering, Sir Henry, 737. 
 
 Puntis, John, Vice-Admiral of Virginia, 
 126, 175. 
 
 Pursley, John, 1152. 
 
 Py, — , 698. 
 
 Q. 
 
 Quaker ketch, 1211, 1237, 1259. 
 Quakers, in New England, 521. 
 
 transportation of, 640, 650 note, 651, 
 661, 678, 680. 
 Qiiarentini, John Baptista, 756. 
 Quebec, 298. 
 
 Queen of Swedland, 1006, 1009. 
 Quincy, Richard, 479. 
 Quonaniquett, 1222. 
 
 R. 
 
 Badisson, Pierre, 1057. 
 
 Radnor, Earl of. See Bobartes. 
 
 Baikes, Captain, 898. 
 
 Bainsford, Bichard, 1159. 
 
 Raleigh, Lady, 52, 205. 
 
 , Sir Walter, 10, 15, 18, 23, 26-7, 
 
 29, 38, 44, 75. 
 Ramsey, Robert, 910. 
 Randall, Samuel, 675(3), 750. 
 Randolph, Edward, 1143, 1216, 1218, 
 
 1239, 1284-5, 1303. 
 Banelagh, Richard, Lord, 1082, 1108, 
 
 1126, 1292, 1311. 
 
 Rapahannock River, 437, 1301. 
 Baynor, John, 578. 
 
 , Marmaduke, 168-70. 
 
 , (Roynor), Watsall, 275. 
 
 R6, Isle de, 225, 377. 
 
 Real Friendship of London, 675(1). 
 
 Rebecca, 374. 401, 428, 479, 973, 984, 
 
 1183. 
 Recovery, 1238(4). 
 Reeds, John, 1179. 
 Reeves, Matthew, 723(4). 
 Reformation, 328, 342, 723(9). 
 Remon, Nicholas, 1152. 
 Renowse (Nfd.), 1023. 
 Reserve, 609, 1283. 
 Rewttan, Peter, 130. 
 Reyer, John, of Bristol, 687. 
 Reynault, — , 238, 240. 
 Reynell, Thomas, 716. 
 Reynolds, Jacob, 523. 
 
 , William, 79. 
 
 Rezio, Abraham Levi, 869, 875. 
 
 , Antonio Rodriguez, 869, 875. 
 
 Rhode Island, 1025, 1222-4, 1233-4, 
 
 1236, 1244-5, 1291. 
 patent for, 576. 
 Rich, Sir Nathaniel, 136, 142. 
 , Sir Robert. See Warwick, second 
 
 Earl of. 
 Richard and Anne, 474. 
 ' Richard and Elizabeth, 1168, 1183, 1226- 
 Richmotid frigate, 1313. 
 Richards, George, 1219. 
 
 , John, 1018. 
 
 Richardson, Edward, 722, 727. 
 
 , William, 983. 
 
 Ricroft, James, 279, 285, 287, 296, 
 
 309-10. 
 Rideau, de. Monsieur, 975. 
 Righton, William, 1295. 
 Rio de la Plata, 1342. 
 Ripple (in Gloucestershire), 337. 
 Risbee, James, 1152. 
 Risden, Robert, 754. 
 Robadeaus (Ribadeo ?), 743. 
 Robert of Bristol, 706, 723(18). 
 Robert Bonaventure, 273, 346. 
 
920 
 
 INDEX. 
 
 Robartes, John, Lord. Lord Privy Seal, 
 
 484, 488, 572, 593, 610, 1317, 1353, 
 
 p. 819. 
 Robinson, George, 664, 667, 676, 935. 
 
 , Sir John, 821, 883. 
 
 , Philip, 714. 
 
 , Captain Robert, 867, 879, 889. 
 
 Rochester, 44. ' 
 
 Rodney, Captain John, 796. 976, 983, 
 
 985. 
 
 , or Richardson, Frances, 983. 
 
 Roe, Thomas, 1018. 
 
 Rogers, Lewis, 1321. 
 
 Rolfe, John, 514. 
 
 Rome, 482. 
 
 Ronquillo, Don Pedro de, 1033, 1036. 
 
 Rooke, George, 209. 
 
 Roope, Gilbert, a pirate, 1, 2. 
 
 Roquemont, Claude de, 223-4, 227. 
 
 Rose, Captain, 1202. 
 
 Rose, 1096. 
 
 Rosebush frigate, 499, 502, 558. 
 
 Rosens, Daniel, 1237. 
 
 Rosse, William, 935. 
 
 Rothe, Su' Richard, 1040. 
 
 Rotterdam, 997. 
 
 Rouen, 182, 1053, 1313. 
 
 Rowden, Marmaduke, 653. 
 
 Rowe, Sir Thomas, 48, 472. 
 
 Royal Exchange, 723(22). 
 
 Rue, Balthazar de, 1242, 1246, 1347. 
 
 Rumsey, Col. John, 966. 
 
 Rupert Battery, Port Royal, 1275. 
 
 Rupert, Prince, 821. 
 
 Russell, Ann, transported, 30. 
 
 , Sir James, Governor of Nevis, 
 
 484, 601, 754, 820, S54, 976, 983, 
 
 985. 
 
 , Randolph, 1171. 
 
 , Richard, 455, 608. 
 
 , Wm., Lord, 1293, p. 819. 
 
 , Sir Wilham, 234-5, 239. 
 
 Ruth of Dartmouth, 1040. 
 
 Rutland, Francis Manners, sixth Earl 
 
 of, 58. 
 Ruvigny, Monsieur de, 740-1, 753, 
 
 770, 1017, 1057, 1066, 1093. 
 Ryder, Sir William, 864. 
 Ryland, John, 682. 
 
 S. 
 
 Saba, 854, 1310, 1316. 
 
 Sabin, Robert, 275. 
 
 Sacar, Capt. William, 168-70. 
 
 Sackville, Sir Edward, 91. 
 
 St. Albans, Henry, Earl of, 611, 779, 
 
 785, 799, 1045, 1250, p. 589. 
 St. Andrews, in Barbados, 595. 
 
 in Jamaica, 1202. 
 St. Anne of St. Malo, 975. 
 St. Barbe, — , 860. 
 St. Catherine's (Ja.), 1202. 
 St. Christopher, 214, 238, 241, 520, 
 535, 575, 579, 582-3, 653, 658, 
 732, 853, 860, 898, 1039, 1230, 
 1275, 1343. 
 discovery of, 150. 
 settled by Lord Carlisle, 201, 209, 
 
 273. 
 Dutch trade to, 577. 
 taken by French, 686, 1000. 
 expedition to recover, 700, 702-3, 
 
 741, 772. 863, 921, 1082, 1290. 
 restitution of by France, 779, 785, 
 787, 792, 799, 816, 818, 838, 1051. 
 disputes with French in, 1146, 1330. 
 distress in, 811. 
 
 settlers from Newfoundland, 917. 
 report on, 852, 854, 1148. 
 stores for, 423, 463, 1141. 
 tobacco from, 199, 200, 209, 280, 
 
 291, 335, 351, 356, 739. 
 troops in, 987, 1028, 1052, 1076, 
 
 1147. 
 See also Carlisle, Earl of ; Everard, 
 Clement ; Stapleton, Wm. ; 
 Warner, Th. ; Watts, Wm. ; 
 Wheeler, Sir C. 
 St. Domingo. See Hispaniola. 
 St. Eustatius, 854, 1310, 1316. 
 St. George, 186, 901, 904-5, 918. 
 St. lago de la Vega, 1115, 1202, 1210. 
 St. Ives, 238, 241. 
 St. Jacob of Staden, 1038(1). 
 St. Jean de Luz, 5. 
 St. John, 455, 739(twice), 901, 906. 
 St. John (New France,) 1058. 
 Saint John Baptist, 228, 687, 764. 
 
INDEX. 
 
 921 
 
 666. 
 
 739, 
 
 1040. 
 
 St. John's (Nfd.), 461, 723(10). 
 
 St. John's Merchant, 1128. 
 
 St. Joseph, 1111. 
 
 St. Joseph and Anthony, 756. 
 
 St. Lawrence, 1006, 1009. 
 
 St. Leo, 180. 
 
 Saint Lucia, 476, 854, 1171. 
 
 St. Lucy in Barbados, 595. 
 
 St. Malo, 523, 873, 928, 975. 
 
 St. Martin, 988. 
 
 St. Martin's, 681. 
 
 St. Michael's (Barbados), 854, 1166. 
 
 St. Michael of Bilboa, formerly 
 
 Sapphire of Bristol, 954. 
 Si. Michael and Santo Domingo, 
 St. Nicholas, Thomas, 1115. 
 St. Peter, 180, 187, 658, 723(1), 
 
 750, 967. 
 St. Peter's in Barbados, 595. 
 St. Vincent, 598(9), 854, 1171. 
 Sallee pirates, captures by, 919, 
 Saltonstall, Sir Richard, 303. 
 Salvator of Staden, 1006, 1009. 
 Samford, Robert, 620. 
 Sampson, John, 1018. 
 Samson of London, 483, 1130. 
 Samuel of Newcastle, 193, 196. 
 San Thom6, 75. 
 Sancio Christo, 667. 
 Sanders, Edward, 1026, 1066. 
 
 , Joseph, 373 
 
 Sandford, Robert, 573. 
 
 , William, 843. 
 
 Sands, Thomas, 1179, 1219, 1314. 
 Sandwich, Edward, first Earl of, 491, 
 
 572, 610, 743, 747 margin, 760, 
 
 917, 928, 970. 
 Sandy, Walter, 413. 
 Sandys, Sir Edwin, 45, 102. 
 Sandys, George, 190, 192, 437. 
 
 , Richard, 1321. 
 
 Sapphire of Bristol, 954. 
 Sarah and Mary, 823. 
 Sarah Bonaventure, 130. 
 Satman, Robert (? Latman), 130. 
 Sawyer, Joseph, 1079. 
 Say and Seale, William, Viscount, 484, 
 488, 513-4. 
 
 Scanderbeg, 1130. 
 Scarborough, Sir Charles, 929. 
 
 , Edmund, 754, 808, 892, 924, 929. 
 
 Scarlett, Nicholas, 1202. 
 
 , Samuel, 723(13). 
 
 Scheneknigh, Bernard, 1102. 
 Scilly, 1093. 
 Scipio of London, 453. 
 Scotland, 419, 555, 668, 748. 
 
 Scottish Adventurers to Canada, 
 
 300-1. 
 trade with the plantations, 536-7. 
 privileges granted at New York 
 
 841, 848, 8.50. 
 Scottish servants for Barbados, 770. 
 Scots transported, 1229. 
 Lord Clerk Register of, 536. 
 Lord Treasurer of, 536. 
 Scotsmore, Robert, 275. 
 Scutt, Benjamin. See Skutt. 
 Sea Flower, 328, 342. 
 Seahorse, 130. 
 Searchfleld, Roland, 519. 
 Seaward, Humphrey, 546, 549. 
 Secretary of State. See Arlington, 
 Lord ; Coke, Sir J. ; Conway, 
 Lord ; Coventry, Henry ; Morice, 
 Sir W. ; Naunton, Sir R. ; Nicho- 
 las, Edward ; Sunderland, Earl 
 of ; Trevor, Sir John ; William- 
 son. Joseph ; Windebank, Sir F. 
 Segar, J'eter, 570. 
 Senegal, 739. 
 Sensorfe, Walter, 592. 
 Sereno, Solomon Mendez, 1348. 
 Servanna of G-alway, 706. 
 Seven Brothers, 486, 964. 
 Seville, H".5, 973. 
 Sewster, 'villiam, 686. 
 Seymour, Sir Edward, 57, 180, 716, 
 
 1134, 1159. 
 Shaftesbury, Anthony Ashley Cooper, 
 Ijord Ashley, and later Earl of, 
 484, 522, 559, 571-2, 604, 610, 
 615, 693, 703, 735, 747, 815, 917, 
 1273, 1284, 1293, p. 819. 
 Shaftesbury, 1238(9). 
 
 Sharp, Col. WiUiam, 838. 
 
 69 
 
922 
 
 INDEX. 
 
 Sharps, Samuel, 168. 
 Sheafe, Harraan, 514. 
 Sheffield, Edmund, J,ord, 142. 
 Shelley, Edward, 448-9. 
 Shepherd, Richard, 837. 
 Sherbiirne, Edward, 559. 
 Sheves, Matthew, 1152. 
 Shirley (Sherley), Henry, 24. 
 
 , Sir Thomas, 24. 
 
 Shorten, Robert, 723(5). 
 
 Shorter, Sir John, 681, 1141, 1272. 
 
 Shi'opshire, tobacco in, 781. 
 
 Silva, Aaron de, 1059. 
 
 Silvester, Constant, 877. 
 
 Simpson, Rowland, 1093 1138, 1184. 
 
 Siveret or Syvorot, Philip, 1182, 1188. 
 
 Skutt, Benjamin, 702, 865. 
 
 , Joseph, 702. 
 
 Sliktenhorst, Gerrit, 819. 
 Slingesby, Henry, 917, 940, 978. 
 Smallwood, Captain Matthew, 256. 
 Smith, Benjamin, 1152. 
 
 , Elizabeth, 833. 
 
 , English, father of Elizabeth, 
 
 833, 962. 
 , English, junior, her brother, 
 
 833, 962. 
 , John, her brother, 833, 962, 971, 
 
 974. 
 . Thomas, her brother, 833, 962, 
 
 971, 974. 
 
 , Erasmus, 514. 
 
 , John of Barbados, 533. 
 
 , Major Lawrence, 1301. 
 
 , Nathaniel, 1295. 
 
 , Colonel Robert, 1029, 1250. 
 
 , Richard, 608. 
 
 , Richard of New England, 1222, 
 
 1223. 
 
 , Samuel, 1296. 
 
 . Solomon, 244. 
 
 , Sir Thomas, 5, 6, 8, 12-3, 32, 
 
 50, 86, 90, 92-3, 122, 136. 
 
 , William, 244. 
 
 , William of St. Kitts, 1000. 
 
 . William of London, 1321. 
 
 Smyth, John, 257. 
 
 , Captain William, 257, 259, 374. 
 
 Society, 1026. 
 
 Solicitor General, 3, 122, 141-2, 362, 
 365, 460, 475, 557, 631, 713, 871, 
 952, 1039, 1042, 1045, 1121, 1293, 
 and see Coventry, Sir T. ; Finch, 
 Sir H. ; Winnington, Sir F. 
 
 Somers Islands, See Bermvidas. 
 
 Somerscales, Henry, 176. 
 
 Somerset, Sir Thomas, 58. 
 
 Sothell, Seth, 1278, 1289. 
 
 Souder, 975. 
 
 Southampton, 31, 46, 135, 140, 151, 
 153-4, 156, 200, 202, 323, 415, 
 612, 723(4), 879, 915, 963, 1020, 
 1084. 
 (Long Island), 942. 
 
 Southampton, Thomas, Earl of, 192, 
 484, 488, 544, 559, 569, 571-2, 
 593, 615. 
 
 Southwark, Barbados Regiment quar- 
 tered at, 947-8. 
 
 Southwell, Sir Robert, 1021, 1070, 
 1081, 1148, 1216, 1241, 1284. 
 
 Southwold (Long Island), 942. 
 
 Snelling, Edward, 483. 
 
 Snode, Haimah, 275. 
 
 Spain, 11, 81, 501, 505, 664, 666, 743, 
 905, 964, 989, 1033. 
 treaties with, 970, 1206, 1217. See 
 
 also Madrid, Treaty of. 
 trade to, 130, 291, 412, 414, 443, 
 450-2, 455, 465-8, 488, 504, 560, 
 601, 662, 723(21), 735, 1266. 
 trade with Spanish Indies, 291, 587, 
 
 1252, 1275. 
 cruelties of Spaniards in America, 
 417, 760, 822, 943, 973, 1035-6, 
 1134, 1152, 1157, 1336, 1342. See 
 also Virgin, Humility. 
 Ambassador at Court of, 961, 972-3, 
 996, 1007, 1030, 1064, 1069, 1336, 
 and see Digby, Sir John ; Arling- 
 ton, Lord ; Aston, Lord ; Hop- 
 ton, Sir A. ; Goodrich, Sir H. ; 
 Godolphin, Sir W. 
 Ambassador from, in England, 45, 
 79-80, 85, 501, 743, 822, 905, 918. 
 943, 961, 965, 970, 972, 979, 984, 
 
INDEX. 
 
 923 
 
 Spain — ^Ambassador from — cant. 
 
 1030, 1069, 1127, 1134, 1336, 1342, 
 and see Gondomar, Count of ; 
 Molina, Count of; Ronquillo, 
 Don Pedro de ; and Bergeyck, 
 Count de. 
 
 Sparks, Elizabeth, 581, ."jge. 
 
 , John, 581. 
 
 Sparrow, 453. 
 
 Speed, Thomas, 514. 
 
 Speedwell. 1068, 1072, 1084. 
 
 Spence, William, 684. 
 
 Spencer, Col. Nicholas, 1250, 1270. 
 
 , Robert, 878, 881. 
 
 Stade (Hanover), 1006, 1038(1). 
 
 Stafferton, Peter, 275. 
 
 Stamp, Martin, 961, 1007, 1035-6. 
 
 , Timothy, 961, 972, 1007, 1035. 
 
 Standish, Francis, 1063. 
 
 Stanfast, John, 1171. 
 
 Stanford, Richard, 1228. 
 
 Staplehill, Captain John, 741, 788. 
 
 Stapleton, Col. Edmond, 854, 1062, 
 1076. 
 
 . Sir William, 992, 1013, 1028, 
 
 1039, 1052, 1076, 1137, 1141, 
 1171, 1230, 1281, 1316, 1319. 
 
 , , petition of, 1132, 1352. 
 
 , , his arrears to be paid, 1 148. 
 
 , , claim to Tobago negroes, 
 
 1211, 1237, 1259. 
 
 , , letters from, 1330, 1353. 
 
 Star Chamber, Court of, 172, 198, 
 251, 286, 435. 
 
 Staynes, Thomas, 514. 
 
 Stede, Edwyn, 930-1, 1102. 
 
 Stephens, Captain Richard, of Vir- 
 ginia, 261, 295. 
 
 Steevens, Robert, 1295. 
 
 Stegg, Thomas, 390, 457. 
 
 Stent, Henry, 661. 
 
 Stepney, 944. 
 
 Stevens, Francis, 682. 
 
 Steward, Lord, 34. 
 
 Stirling, Sir Wm. Alexander, later 
 Earl of, 298, 301, 330, 360, 734, 
 942. 
 
 Stone, Henry, 351. 
 
 Stone, Nicholas, 1127. 
 Story, Samuel, 1168. 
 Stott, David, 293. 
 
 Stoughton, William, 1109, 1199, 1212, 
 1214-6, 1218, 1224, 1227, 1233-4, 
 1241, 1284. 
 Stratton, Joseph, 275. 
 Stringer, James, transported, 32. 
 Strode, Col. John, 878, 881, 890, 
 987, 991-2, 1005, 1028, 1107, 
 1114, 1120, 1122, 1144, 1172. 
 1282-3, 1298. 
 
 , Sir Richard, 159. 
 
 Stubbs, John, 681' 
 Stulsely, Sir Lewis, 26. 
 Sturgis, Simon, 275. 
 Stuyvesant, Oliver, 819. 
 
 , Peter, 730-1. 
 
 Success, 921, 948. 
 
 Suffolk, Thomas, Earl of, 225. 
 
 Summers, Solomon, 1349, 1351. 
 
 Sunderland, 723(3). 
 
 Sunderland, Robert, Earl of, 1246-7, 
 
 1250, 1275, 1284, 1316, p. 819. 
 Surinam, 485, 570, 723(5), 767, 769, 
 797, 803, 809, 837, 853, 858, 864, 
 1093, 1138. 
 restoreJ to the Dutch, 742, 749, 773, 
 
 776, 810, 814, 849. 
 recaptured, 856. 
 stores for, 723(16). 
 removal of English inhabitants, 849, 
 
 902, 1118, 1275, 1353. 
 Jews in, 1059, 1061. ; 
 Enghsh and Dutch cut off by 
 
 natives, 1275. 
 Governor of. See Byam, Colonel 
 William. 
 Surrey, tobacco growing prohibited 
 
 in, 71. transportation from, 527. 
 Sitsan, 970. 
 Susan and Helen, 458. 
 Susanna, 442, 1012, 1056, 1321, 1341, 
 
 1346. 
 Swan, Col. Thomas, 1250. 
 Swan, 1283. 
 Sweden, 644. 
 Swedish Resident, 675(5). 
 
924 
 
 INDEX. 
 
 Sweepstakes, 853. 
 Sweeting, Henry, 661. 
 Swift, Thomas, 190. 
 Smftsure, 1152. 
 Swinock, Samuel, 846, 933. 
 
 Talbot, Captain, 1228. 
 Tangier, 739, 1040. 
 
 Commissioners for, 6-3. 
 plantation trade with, 802 26, 885. 
 passes to be granted £,o, 11'. 
 Tanguet, Jacques, 975. 
 Tapper, Richard, 351. 
 Tartas, Bernard, 180. 
 Tatlow, John, 597. 
 Tayloe, John, 955. 
 Taylor, Abraham, 244. 
 
 , James, 26, 906. 
 
 , Joan, 607. 
 
 , John, 443. 
 
 , John, 1349. 
 
 , Jonathan, 837. 
 
 , Richard, 966, 1003, 1085. 
 
 Temperance, 168-70. 
 
 Temple, Sir Thomas, Governor of 
 
 Nova Scotia, 508, 550-1, 562, 734, 
 
 831. 
 , Sir William, 810, 812, 814, 823, 
 
 835,901,904-5,997, 1059, p. 819. 
 Teneriffe, 505. 
 Tetuan, 958. 
 
 Tewkesbury, 337, 347, 433, 673. 
 Texel, the, 819, 823. 
 Thierry, James, 1006, 1130. 
 Thomas, Captain Josias, 702. 
 
 , Richard, 661 
 
 Thomas of London, 130. 
 
 Thomas and Francis, 1012, 1056, 1075, 
 
 1090, 1321, 1324, 1328. 
 Thomas and Mary, 965, 979, 984, 
 
 1002, 1033, 1048, 1185, 1206. 
 Thomas and William, 864. 
 Thomhn, Thomas, 622. 
 Thomson, Edward, 483. 
 , Maurice, 200, 281, 285?i, 287, 
 
 288, 296-7, 307, 312, 314, 471, 483. 
 
 Thompson, John, 750, 772. 
 
 , Joseph, 1238(9). 
 
 , Sir William, 514, 992, 1005. 
 
 Thomborough, John, 1121. 
 Thombury, Colonel, 1100, 1139. 
 Thombush, John, 1335. 
 Thomhill, Colonel, 1063. 
 Thorowgood, Adam, 338. 
 
 , John, 661. 
 
 Thorpe, Otto, 1189. 
 Thcjmes, Captain Nicholas, 1069. 
 Three Kings of Norway, 644. 
 Thrale, Mr., 541. 
 Thnrloe, Mr., 489. 
 Tiger, 1121, 1278. 
 Tilbury Hope, 250, 280, 322. 
 Titus, Silas, 917. 
 
 Tobacco, 134, 162(7), 165, 167, 238, 
 537, 561, 598(12), 667, 736, 963. 
 English, 40, 71, 172, 176, 183, 188, 
 197-8, 218, 278, 331, 337, 345, 
 347, 358, 3431, 392, 433, 503, 
 563-4, 602, 616, 623, 670, 673, 
 682, 710, 712-15, 781, 923, 925, 
 946, 966, 1003, 1085, 1161, 1220. 
 Virginia, 41, 77, 95-6, 141, 144-6, 
 157, 168-72, 190, 192, 197-8, 202, 
 210, 218, 250, 252, 262, 269-72, 
 276, 291, 312, 314, 318, 332, 334, 
 346, 388, 398, 439, 442, 564, 606, 
 736, 758, 927-8, 997, 1077, 1083, 
 1092, 1179, 1189, 1251. 
 Spanish, 148, 176, 183, 197. 
 from Barbados, 447, 748. 
 from Guiana, 6S-9, 72-3. 
 from St. Christopher, 199, 200, 269, 
 
 280, 211, 335, 351, 356, 739. 
 from Antigua 950. 
 from Bermudas, 41, 96, 99, 100, 
 116, 139, l':8-., 198, 202, 208, 291, 
 379, 1019. 
 from Maryland, 473, 566, 627, 636, 
 
 639, 722, 727, 733. 
 Irish, 218, 503. 
 imported from New England to 
 
 Jersey, 1068, 1084. 
 not to be carried to Carolina from 
 neighbouring plantations, 1273. 
 
INDEX. 
 
 925 
 
 Tobacco — cont. 
 
 duties on, 9, 48, 148, 154, 208, 291, 
 
 1077, 1083. 
 farmers of the impost on, 6"), 72-3, 
 
 76, 202. 
 regulation of sale of, 148, 320, 380. 
 not contraband of war, 346. 
 ports of entry for, 155, 198, 291, 332, 
 
 415. 
 how prepared, 577. 
 stint of in Virginia, 473, 627, 636, 
 
 639, 733. 
 list of planters in Virginia, 275. 
 monojjuly of importation of, 49, 70, 
 139, 314. 
 Tobago, 628, 913, 920, 121), 1237, 
 
 1259. 
 Tochnell, Walter, 690. 
 Todos Santos, 741, 748. 
 Toms. Captain, 844. 
 Tooker, Captain William, 435. 
 Topsham, 578, 580, 675(6), 723(20), 
 
 891. 
 Torbar (Nfd.), 461. 
 Tortuga, 600, 634, 887, 1026, 1066, 
 
 1127. 
 Tosse, — , 954. 
 To thill, Thomas, 1202. 
 Totnes, 456, 716. 
 Totnes, Earl of. See Carew. 
 Toyer, William, 723(9). 
 Trafford, Colonel Francis, 482. 
 Tralee, 1338. 
 Tramlade, 975. 
 
 Transportation of criminals, 13, 25, 
 
 30, 32, 42, 50, 82, 88, 91, 217, 
 
 517, 525, 527, 607, 643, 675(3), 
 
 903, 1141, 1148. 
 
 general formula for, 12. 
 
 of Quakers, 640, 650 note, 651, 661, 
 
 678, 680. 
 of Scotch prisoners, 1229. 
 Travill, Nicholas, 342. 
 Treasurer, Mr., 43, 45, 122, 223, 302, 
 313, 330, 360, 928, and see 
 Berkeley, Sir Charles. 
 
 , Lord High, 16, 68-70, 87, 95, 
 
 106, 151, 154, 171, 181, 189, 200, 
 
 Treasurer, Lord High — cont. 
 
 202, 207-8, 210, 222, 242, 266-8, 
 270, 275-6, 282-3, 302, 312-3, 
 330, 360, 372, 377, 381, 383, 401, 
 414, 426, 428, 463, 478, 504, 513-4, 
 518, 522, 536, 598(14), 625, 637, 
 662, 693, 700,' 798, 956-7, 963, 
 969, 980, 1006, 1009-10, 1016, 
 1018-9, 1021, 1028, 1034, 1041, 
 1047, 1052-3, 1056, 1076, 1079, 
 1081, 1084, 1088, 1099-1102, 1126, 
 1131, 1140-1, 1148, 1165, 1174, 
 1179, 1182-3, 1207-8, 1218, 1228, 
 1235, 1238(8), 1240, 1290. 1292; 
 and see also Southampton, Earl 
 of ; Latimer, Viscount ; Danby, 
 Earl of. 
 
 Treasury, Commissioners of the, 51-2, 
 750, 755, 758, 768, 773, 788-9, 
 798, 813, 825, 830, 836-7, 849, 
 857, 874, 876, 878, 881-2, 884, 
 890-1, 895, 899, 900, 907, 910, 
 922. 930, 932, 936, 948, 951, 1254, 
 1258. 1280, 1288, 1313-5, 1319, 
 1335, 1351-2. 
 
 Treherne, Samuel, 640, 661. 
 
 Treece (Trist ?), River, 1134. 
 
 Trelawney, Robert, 273. 
 
 Trench, Dr., 514. 
 
 Trethewy, John, 611. 
 
 Trevor, Sir John, 810, 815, 822, 852, 
 901, 905, 913, 918, 920. 
 
 Trial of London, 256, 257, 259. 
 
 Trinidad, U52. 
 
 Trinity House, 132, 181, 257, 325. 
 
 Trinity parish, Jersey, 1084. 
 
 Trist (Campeachy Bay), 1275. 
 
 Trott, Perient, 1019, 1031, 1110, 1113. 
 
 True Love, 328, 342, 401. 
 
 Tubb, James, 1219. 
 
 Tuck, Mr., 57. 
 
 Tucker, Adrian, 441, 462. 
 
 Tugwell, Christopher, 866, 887. 
 
 Tully, John, 609. 
 
 Tunis, 491. 
 
 Turgus, Symon, 314. 
 
 Turkey Company, 488. 
 
 Turner, Elizabeth, 943. 
 
926 
 
 INDEX. 
 
 Turner, Dr., 554. 
 
 , WiUiam, 275. 
 
 Two Brothers, 803. 
 Tyler, John, 1238(5). 
 Tyrrill, Samuel, 992. 
 Tyrwhitt, (Terwhit), — , 911. 
 Tyrwhitt, Francis, 992, 1082, 1108, 
 1126, 1292, 1311. 
 
 u. 
 
 Unicorn, 275, 1038(3), 1047. 
 Unity, 723(10), 964. 
 Upton, Hugh, 935. 
 Usher, Sir WiUiam, 7. 
 XTtye, John, 367. 
 
 Valentia, Viscount, 510. 
 Van Beeck, Nicholas, 1246. 
 Vandergraoht, John Crynsen, 767, 769. 
 Van Heusen (Vanhuiaon), Jasper, 560. 
 Vassall, Samuel, 250, 339, 343, 350, 
 
 352, 353, 354. 
 Vaughan, James, 1102. 
 , John, Lord, 1010, 1013, 1056, 
 
 1059, 1061, 1089, 1091, 1102, 
 
 1115, 1134, 1150, 1152, 11.54, 1163, 
 
 1174, 1177, 1193, 1246, 1257, 1274. 
 , John, High Sheriff of Hereford, 
 
 715. 
 
 , William, 1293. 
 
 Vega, Diego Ruiz de la, 81, 83, 84. 
 
 Venice, illicit trade to, 601, 926-8. 
 
 Venner, Samuel, 744. 
 
 Verds, Bay of, 454, 461. 
 
 Vere, Horace, Lord, 265. 
 
 Vice-Chamberlain. See Carteret, Sir G. 
 
 Viokers, Seveme, 1295. 
 
 Victory, 160, 459. 
 
 ViUa Viciosa, Don Antonio de, 666. 
 
 Vincent, William, 723(20). 
 
 Vines, Stephen, 744. 
 
 Virgin, 156, 970, 972, 984, 996, 1002, 
 
 1024, 1033, 1048, 1060, 1153, 1162, 
 
 1164, 1185, 1206. 
 
 Virginia, 3, 11, 24, 74, 78, 86, 105, 120, 
 125-6, 167, 175, 179, 207, 229, 
 292, 295, 311, 319, 348-50, 355' 
 368, 373-4, 376, 395, 409, 417, 
 420, 425, 434-5, 440, 571, 592, 
 608, 642, 729, 759, 898, 955, 961, 
 979, 984, 1047, 1092, 1149, 1200, 
 1207, 1219, 1221, 1265, 1268, 1304, 
 1309, 1327. 
 Company of, 5, 6, 8, 16, 41-2, 45, 
 59, 63, 77, 85, 87, 95-6, 98-104, 
 
 109, 111-2. 115, 117-9, 121-4, 
 129, 142, 162, 190, 192, 216, 336, 
 403. 
 
 Commissioners for, 103, 106, 108, 
 
 110, 115-6, 118, 122-4, 128, 129, 
 134-6, 139, 141-2. See also 
 Berry, Sir J. 
 
 new charter for, 107, 109, 111-4, 
 
 122, 124, 157, 212. 
 articles for government of (1638), 
 
 403. 
 land grants in, 315, 317, 336, 338, 
 
 390, 42], 437, 611, 1301. 
 convicts, servants, etc., sent to, 13, 
 
 25, 32, 42, 82, 88, 91, 217, 373-4, 
 
 486, 661, 903, 1229. 
 tobacco from. See Tobacco, 
 petition for incorporation (1675), 
 
 1029, 1045, 1074. 
 Bacon's rebellion in, 1097, 1167-8, 
 
 1173, 1178, 1183, 1186, 1189-92, 
 
 1197-8, 1205, 1226, 1251, 1253, 
 
 1279, 1286. 
 stores for, 87, 104, 128, 154, 161, 
 
 174, 177, 216, 256-7, 284, 363, 
 
 372, 401-2, 439, 442, 457, 474, 
 
 479-81, 761, 1088, 1096, 1101, 
 
 1261, 1322. 
 ships to and from, 153, 156-7, 166, 
 
 193, 195, 213, 230, 442, 531-2, 
 
 534, 542, 544, 642, 659, 687, 690, 
 
 722, 723, 851, 1C96, 1038, 1098, 
 
 1103, 1130, 1248, 1269, 1307. 
 Indians in, 87, 154, 162(15), 174, 
 
 211 (15, 16), 1074, 1169, 1196, 
 
 1250(5). 
 
INDEX. 
 
 927 
 
 Virginia — cont. 
 
 military defences of, 147, 210-11, 
 
 695, 968, 1235, 1250, 1300. 
 drunkenness in, 189, 191. 
 lottery in aid of, 8, 63. 
 illicit trade to, 321, 334. 
 products other than tobacco en- 
 couraged, 157, 162(13), 211(13), 
 262, 564-6, 630. 
 list of commissions, etc., sent out, 
 
 1094-5. 
 laws for, 1231. 
 establishment for, 1288. 
 Governor of. See Berkeley, Sir W. ; 
 Culpeper, Lord ; Gates, Sir T. ; 
 Harvey, Sir J. ; West, Fr. ; 
 Wyatt, Sir F. ; Yeardley, Sir G. 
 deputy governor of. See Chicheley, 
 Sir H. ; Jefferys, H. 
 Virginia Berkeley, 723(6). 
 Virginia Merchant, 754. 
 Vyall, John, 1222. 
 Vvner, Sir Robert, 821. 
 
 w. 
 
 Wachtendoncke, John van, 1259. 
 Wake, Sir Isaac, ambassador in France, 
 
 283. 
 
 , Richard, 314. 
 
 Waldron (Walderne), Major Richard, 
 
 1293. 
 Walker, Alex., 1190. 
 
 , Edward, 368. 
 
 , Sir AValter, 530, 554, 578, 669, 
 
 886. 
 Walrond, Capt. George, 558. 
 
 , Col. Henry, 1166, 1171. 
 
 . . Colonel Humphrey, 509, 
 
 568, 619, 621. 
 Walter, Captain Robert, 1095. 
 Walton, Elizabeth, 955. 
 
 , Robert, 955. 
 
 Wannerton, Thomas, 370, 418. 
 Waonoke, Queen of, 1169. 
 Warburton, Sir Peter, 13. 
 Ward, John, 1334, 1344. 
 
 558, 
 
 Ware, Anne, 570. 
 
 Warner, Col. Augustine, 1250. 
 
 , Alderman Francis, 514, 608. 
 
 , Col. Philip, Governor of Antigua, 
 
 1037, 1039, 1042-3, 1064. 
 . — — , dismissed his Majesty's 
 
 service, 1137. 
 , Captain Thomas, Governor of 
 
 St. Christopher, 150, 164, 200. 
 
 , Thomas, an Indian, 1037, 1039. 
 
 Warren, Sir William, 644, 699, 1272. 
 Warwick, Robert Rich., first Earl 
 
 of, 55, 58, 102. 
 
 , , second Earl of, 97, 265. 
 
 Warwick (R.I.), 1025, 1224, 1233, 
 
 1244. 
 Warwickshire, tobacco in, 682, 781, 
 
 1161. 
 Wasey, Henry, 901. 
 Waterford, 739, 851. 
 Watson, Captain John, 723(6). 
 
 , Captain, 1107, 1225. 
 
 Watts, Colonel WiUiam, 601. 
 Wauchope, Dr. Frederick, 456. 
 Wauton, Robert. See Walton. 
 Webber, Captain Leonard, 952-3. 
 
 , William, 706. 
 
 Welfare, 505. 
 
 Wentworth, Sir John, 187, 196, 206, 
 
 220-1, 228. 
 West, Francis, 252. 
 
 , Henry, of Virginia, 1178, 1205. 
 
 , Captain Henry, trading to 
 
 Canada, 279, 285, 296. 
 , Captain John, of Virginia, 367, 
 
 435. 
 
 , John, an Indian, 1169. 
 
 , William, 1178. 
 
 West Indies, 3, 45, 203, 205, 265, 
 
 292, 476, 482, 484-8, 546, 640, 
 
 654, 680, 732, 746, 755, 768, 
 
 788, 826, 858, 860-2, 945, 949, 
 
 993, 998, 1104, 1127, 1130, 1172, 
 
 1276, 1324, 1342. 
 Dutch West India Company, 194, 
 
 405, 406-8, 906, 1225, 1242, 
 
 1246, 1347. 
 French in, 658, 1017. 1319. 
 
928 
 
 INDEX. 
 
 West Indies — cont. 
 Spanish, 598(10), 743. 
 Spanish cruelties in, 822, 943, 973, 
 1035-6, 1134, 1152, 11.57, 1336, 
 1342. See also Virgin ; Humility; 
 Fitzgerald, 
 troops in. See Bridges, Sir T. 
 ships for, 185-7, 196. 
 made an entrepot for slaves, 587. 
 fleet in, 718, 721, 771, 921. 
 proposed treaty of neutrality in, 
 
 1319. 
 See also Caribbee Islands, Barbados, 
 etc. 
 West Looe, 1020. 
 Westminster, 40, 176, 512, 517, 607, 
 
 643. 
 Weston, Hugh, 373. 
 
 , Thomas, 79. 
 
 Weymouth, 31, 74, 135, 140, 323, 
 
 612, 675-6, 879, 915. 
 Whale, of London, 281. 
 Whaley, Samuel, 1004. 
 Wharton, George, 1088. 
 
 , James, transported, 88. 
 
 Wheatley, Captain, 653. 
 WTieeler, Sir Charles, 878, 881, 940, 
 977-8, 981, 987, 991-2, 1005, 
 1028, 1051, 1343. 
 Whetstone, Luke, 130. 
 Whitaker, Captain, 141, 145. 190. 
 
 , Laurence, 418. 
 
 Wh'tbournc, Captain Ricliard, 43, 
 
 60, 60. 
 White, Captain, 911, 1134. 
 
 , James, 941. 
 
 , John, 690. 
 
 , Joseph, 1117. 
 
 , William, 941. 
 
 Whiteehapel, 386, 389. 
 
 Whiteliall, Palace of, as sanctuary 
 
 1031. 
 Whiting, Capt. Wm.. 492, 502, 558. 
 Whitley, Roger, 631. 
 Whittenbury, Mary, 661. 
 Whittop, Thomas, 949. 
 Wickins, Edward, 297, 307, 309. 
 Wier, Francis, 1246. 
 
 Wight, Isle of, 209. 
 
 Wild, Joseph, 970. 
 
 Wiltord, Sir Thomas, 97. 
 
 Wilkes, , 18. 
 
 Willing Mind, 675. 
 
 William, 750. 
 
 William and Qeorge, 452. 
 
 William and John, 130, 211, 468, 701, 
 1152. 
 
 William and Mary, 606. 
 
 William and Nicholas, 758, 825, 834, 
 940, 981. 
 
 William and Sarah, 439, 1179. 
 
 William, and Susan, 674. 
 
 Williams, Sir Abraham, 418, 427, 
 437. 
 
 , John, 97, 750. 
 
 , Captain Maurice, 667. 
 
 , Robert, 668. 
 
 , Roger, 1224, 1244. 
 
 Williamson, John, 1127. 
 
 , Sir Joseph, 902, 997, 1021, 
 
 1058-9, 11.59, 1167, 1169, 1196, 
 1198, 1216, 1237. 1244. 
 
 , Ralph, 1229. 
 
 , Thomas, 1127. 
 
 Willoiighby, of Parham, Francis, first 
 Lord, 509, 520, 541, 546, 549, 
 557, 568, 570, 573, 581, 584, 
 59.5-0, 001, 619-22, 629, 642, 
 648, 652, 656-8, 665, 674, 677, 
 683, 688, 692, 698, 700, 702, 
 706, 737, 744, 801, 817, 830, 
 836, S.37, 1082, 1108, 1126, 1292. 
 dispute as to his rights, 485, 487 
 
 506, 543, 548, 599, 882. 
 instructions to, 576, 598. 
 cast away at sea, 697. 
 
 , Grace, widow of Captain Thomas, 
 
 858. 
 
 , Lieutenant General Henry (son 
 
 of William, Lord Willoughby), 
 Deputy Governor of Barbados, 
 702, 744, 783, 844, 853-4, 856, 
 860, 863. 
 
 . , John, 1171. 
 
 , Captain Thomas, planter in 
 
 Virginia, 261, 314. 
 
INDEX. 
 
 929 
 
 A\'illoughby, Captain Thomas, 858. 
 
 of Parham, William, second 
 
 Lord, 619, 621, 624, 665, 671-2, 
 674, 677, 683, 685, 693-4, 697-8, 
 700-2, 704, 721, 723(11), 724, 
 737, 744-5, 748-9, 759, 763, 
 775, 778-9, 783, 788, 790, 792, 
 794, 805, 807, 813-4, 823, 828, 
 832, 836-7, 843-4, 852-3, 856, 
 860-2, 864-5, 869, 871, 874-5, 
 877, 881, 941, 1051, 1082. 
 
 . Lieutenant Colonel William, his 
 
 son, 832. 
 
 , William, of Virginia, 314. 
 
 Willoughby frigate, 921. 
 
 Wills, Anthony, 275. 
 
 Wilson, Edmund, 622. 
 
 , Elizabeth, 622. 
 
 , Gawen, 1018. 
 
 , Henry, 300. 
 
 , Robert, 662. 
 
 , Samuel, a London merchant, 
 
 662, 756. 
 
 , Sir Thomas, 28. 
 
 Wiltshire, tobacco in, 188, 946, 1003. 
 
 Winch, Humphrey, 917. 
 
 Winchaut, Jeffrey, 1006. 
 
 Winchester, Charles, Marquis of, 
 p. 819. 
 
 Winchcombe, tobacco destroyed at, 
 337, 347, 433, 602 note, 616, 
 623, 673, 966, 1032, 1085, 1161. 
 
 Windebank, Sir Francis, 302, 313, 
 330, 360, 448. 
 
 Winder, John, 1334. 
 
 Windsor, Thomas, Lord, Governor of 
 Jamaica, 516, 539, 547, 552, 
 556, 558 note, 559, 586, 593, 
 666. 
 
 Winford, Sir John, 1134. 
 
 , Thomas, 1134. 
 
 , William, 1134. 
 
 Wingate, Dorothy, 354. 
 
 , Boger, 354, 420. 
 
 Winnington, Sir Francis, SoHcitor 
 General, 1029, 1160. 
 
 Winslow, Edward, 519. 
 
 , Josiah, 1222, 1255. 
 
 Winter, Martha, 499. 
 
 , Richard, 607. 
 
 Winthrop, John (junior), 551, 942, 
 
 1222. 
 Wiseman, Sir Robert, 530, 678, 609, 
 
 967. 
 Witham, John, 661. 
 Withers, Major Jacob, 657. 
 Witt, Jlonsieur de, 901, 904-5. 
 Wolf, 454. 
 
 Wollestone, Samuel, 661. 
 Wolstenhokne, Sir John, 122, 142, 
 
 202, 234-5, 239, 252, 311, 391, 
 
 416, 418, 441, 462. 
 Wood, William, 606, 723(8), 940. 
 Woodcock, John, 396. 
 Woodhall, John, Virginia planter, 
 
 274, 333, 359, 378, 399, 409-10, 
 
 434. 
 Woodhouse, Captain Henry, Governor 
 
 of Bermudas, 163, 225. 
 Woolnough, Josuah, 514. 
 Worcester, Henry, Marquis of, 1021, 
 
 1177, 1333, p. 819. 
 Worcester House, 513. 
 Worcestershire, tobacco in, 188, 278, 
 
 433, 602, 623, 682, 710, 781, 
 926, 946, 1003, 1032, 1085, 1161, 
 1220. 
 
 Wormeley, Col. Ralph, 1250. 
 
 Wormley, Captain Christopher, 436. 
 
 Worsam, John, 906. 
 
 VVotton Basset, 188. 
 
 Wren, Matthew, 873, 924. 
 
 Wren, 138. 
 
 Wrote, Samuel, 106. 
 
 Wyatt, Sir Francis, Governor of 
 Virginia, 120, 126, 129, 154, 
 158, 171, 192, 418, 427, 430-2, 
 
 434, 436, 446, 472-3. 
 
 , Lady, 129. 
 
 Wyapoco. See Oyapok. 
 
 Y. 
 
 Yard, Warwick, 1006. 
 
 Yarmouth, 181, 592, 697. 
 
 Yate, Robert, 690, 997, 1111, 1238(1). 
 
930 
 
 INDEX. 
 
 Yearaea, Anna, 943. 
 
 Yeardley, Sir George, 155, 161-3, 
 165, 175, 177-8, 192, 252. 
 
 , Ralph, his brother, 252. 
 
 , Lady Temperance, 252. 
 
 Yellows (Yhallahes), Captain, 984, 
 1202. 
 
 Yeomans (Yeamans), Sir John, 838, 
 1013. 
 
 York, county (Va.), 446, 1189. 
 
 , Archbishop of, 66, 302, 313, 330, 
 
 360. 
 
 York, Duke of, 491-2, 494, 496, 
 502, 511, 558 note, 576, 603, 
 617, 646, 695, 718, 721, 723(3), 731, 
 734, 751-2, 762, 768, 771, 777, 
 791, 800, 812, 819, 824, 829. 
 841, 848-9, 853, 858, 863, 885, 
 
 York, Duke of — cont. 
 
 894, 897, 902, 904, 924, 934, 
 
 942, 959(1-2), 1094. See also 
 
 Admiral, Lord High. 
 Yorkshire, tobacco destroyed in, 170, 
 
 710, 781, 966, 1003, 1085, 1161. 
 Young, Thomas, 723(2). 
 
 , Sir Walter, 716. 
 
 Young Prince, 1183, 1226. 
 Yucatan, logwood-cutting nt, 984. 
 
 z. 
 
 Zealand, 202, 809, 837, 964. 
 Zellar, James, 899. 
 Zoby, Joseph, 1342. 
 
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