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V.I
Acts of the Privy Council of England.
3 1924 026 356 299
Cornell University Library
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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