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cular agreement in that point, not so much as to consent to what should be imposed upon every hundred; but, on the contrary, declared, That too much had been undertaken in that kind by one of their own number, Mr. Kendall, in his discourse before the King in the council;' and declared, That the plantation could not bear the imposition he had mentioned: That whatsoever was to be done of that nature was to be transacted by an assembly in that island: And that all that they could promise for themselves was, that they would use their utmost endeavours with their friends in the island, that when the Lord Willoughby should arrive there, and call an assembly, they would consent to as great an imposition as the plantation would bear; by which,' they said, a good revenue would arise to the King for the purposes aforesaid.'

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"The creditors had great reason to be glad of the resolution his Majesty had taken; for though it would be a long time before they could be fully satisfied out of a moiety of the profits, though it should arise to the highest computation, yet in time they should receive all, and should every year receive some; which would lessen their debt, and relieve those who were in the highest necessities, of which there was a great number. Whereas they had hitherto in so many years received not one penny; and it was evident that without his Majesty's authority they never should, since the planters were resolved never to submit to any imposition, nor submit to any authority that should be exercised under the Earl of Carlisle's patent, without a due course of law; the way to obtain which would be very difficult to find out. And they understood well enough, that, without his Majesty's grace and bounty to them, the repeal or avoiding the Earl of Carlisle's patent would put a quick end to all their pretences.

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"The greatest difficulty that did arise was from the Earl of Kinnoul, to whom the last Earl of Carlisle had devised those islands by his will; and he had a great mind to go thither himself, and take possession of his right; and his council had persuaded him, That the King's charter, granted to the first Earl of Carlisle, was good and valid in law, and that they believed they could defend and maintain it in any court of justice.' Then his own estate in Scotland was so totally lost by the iniquity of the time, and his father's having so frankly declared himself for the King, when very few of that nation lost any thing for their loyalty, that he had very little left to support himself, and therefore was willing to retire into any place abroad, where he might find but a bare subsistence. But when he considered again, that he could have no pretence to any thing, till after the creditors were fully satisfied, and how long it was like

to be before they could be satisfied, there remaining still due to the creditors of both kinds no less than fourscore thousand pounds, principal money; he did not believe that his insisting upon the patent would be worth the charge and hazard he must inevitably be put to: and, therefore, upon further deliberation with his friends, he willingly referred himself, and all his interest, to the King's gracious determination, as all the rest of the pretenders and interested persons had done.

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"The case being thus fully stated to the lords, and every man's interest and pretences clearly appearing before them, they considered seriously amongst themselves what they might reasonably propose to the several persons, in order to their agreement amongst themselves; or, that proving ineffectual, what advice they might reasonably give his Majesty. They were unanimously of opinion, not to advise his Majesty to cause the patent to be called in question; for though they doubted not, upon the opinion of his learned council, that the same would be judged void and illegal, yet they did not think it a seasonable time, when the nation was so active and industrious in foreign plantations, that they should see a charter or patent questioned and avoided, after it had been so many years allowed and countenanced, and under which it hath so long flourished, and was almost grown to perfection. And that since his Majesty had declared, That, notwithstanding any right of his own, all possible care should be taken for the satisfaction of the creditors, as well as for the preservation and support of the plantation,' it would be equally equitable and honourable in his Majesty, not to leave the Earl of Kinnoul, the only person unconsidered, and bereaved of all his pretence; but that they would humbly move his Majesty, that he would graciously vouchsafe to assign some present maintenance to the said earl, which his unhappy condition required, out of the revenue that should be there settled, and until the debts should be paid: and that after that time, such an augmentation might be made to him, as his Majesty, in his royal bounty, should think fit: in consideration whereof, the earl should procure the patent to be brought in and surrendered,' which he promised should be done accordingly, as soon as the settlement should be made of that proportion which should be assigned to him.

"That the Lord Willoughby should enjoy the benefit of his former contract with the Earl of Carlisle, and approved by his Majesty, during the remainder of those years which are not yet expired; that he should make what haste he could thither, and call an assembly; to the end that such an imposition might be agreed upon to be paid to his Majesty as should be reasonable,

Life of Edw. Earl of Clarendon, vol. iii. p. 933. 3d Edit. 1791. Written by himself.

in consideration of the great benefit they had already and should still enjoy, in being continued and secured in their several plantations, in which, as yet, they were, as it were, but tenants at will, having no other pretence of right but the possession: and therefore, that those merchants and planters who had petitioned the King should, according to their obligation and promise made by them to his Majesty, use all their credit with those in the island, that the imposition might arise to such a proportion, that the revenue might answer the ends proposed; and that one moiety of that revenue should be enjoyed by the Lord Willoughby for his term.

"That the annuity of three hundred pounds by the year should be paid to the Earl of Marlborough, according to the original contract mentioned before, and that the assignment that his Majesty would likewise be pleased to make to the Earl of Kinnoul should be first paid, and then that the remainder of that moiety should be received to the use of the creditors. And that when the Lord Willoughby's term should be expired, his Majesty should be desired, after the reservation of so much as he should think fit for the support of his governor, that all the remainder might be continued towards the creditors, until their just debts should be paid.

"These particulars appearing reasonable to the lords, all persons concerned were called, and the same communicated to them, who appeared all well contented: and thereupon the lords resolved to present the same to his Majesty, which they did accordingly at the board; and his Majesty, with a full approbation and advice of the whole council, ratified the same."

The French government had determined to take the West India islands from their different possessors, and place them all under the direction of a new company, which was to be called "The West India Company," who were also to have the government and commerce of all the French possessions on the continent of America, and in Africa and Newfoundland. The views of the government were very much forwarded by the conduct of the governors themselves. M. Houel sent his wife to Europe, to complain of the conduct of his nephews, the other governors of Guadaloupe, and her complaints were answered by their mother recriminating. The government, therefore, gladly availed themselves of these complaints, to order M. Houel and his nephews home to France; and to prevent them from arming the inhabitants to resist the intentions of the court, they were directed to be kept secret.

Lord Willoughby obtained a grant of the island of Antigua from King Charles the Second.

Lord Willoughby sent Mr. Henry Willoughby to Antigua as governor, with orders to oblige the French settlers either to swear allegiance to the English government, or quit the island: in consequence of which, most of them retired to Guadaloupe and Martinico, and persuaded the governors of those islands to attack Antigua; they did so, and had taken the governor prisoner, and obliged the forts to surrender; but before the capitulation could be carried into effect, a reinforcement arrived, which prevented its taking place.

Sir Charles Lyttleton succeeded Lord Windsor as governor of Jamaica.

The white inhabitants in Jamaica were estimated at 18,000.

1664.

"Sir Charles Lyttleton left the government of Jamaica under the care and direction of the council, who chose Colonel Thomas Lynch president. Two thousand five hundred inhabitants were then regimented besides four or five hundred more dispersed in the country, and their provisions, as he asserted, greatly increased."

Sir Thomas Modiford was removed from Barbadoes to Jamaica: his commission under the great seal was dated 15th of November, 1664. He succeeded Colonel Lynch, and issued writs for an assembly, which, in the course of the session, left the King's name out of the revenue bill in the enacting part, and inserted the governor's, who, by his warrant, seized the clerk of the house, and committed him to gaol, till after the dissolution of the Assembly.

If the Assembly had carried their point in this instance, they would have established their principle, "That the governor, being the representative of the crown, his act should bind the crown, and the operation of their laws, thus passed, not be impeded or suspended by waiting for the King's determination upon them."

In March, Captain Colbeck, of the White militia, went by sea to the north side of Jamaica, and gained some advantages over the Spanish Negroes: he returned with one, who pretended to treat for the rest. This embassy was only to gain time: they soon renewed their hostilities.

Juan de Bolas, the Negro who was made colonel of a Black regiment at Jamaica, in an expedition against his old partizans, the Maroons, fell into an ambuscade, and was cut to pieces.

Du Tertre, tom. iii. pp. 37, 38.

vol. xxxvi. pp. 268. 302.

Harris's Voyages, vol. ii. p. 279.
Univ. Hist.
Atkins's Voyage to West Indies, p. 248.

Long's Jamaica, vol. i. pp. 13. 196. — vol. ii. p. 339. Edwards, vol. i. p. 524.

1664.]

OF THE WEST INDIES.

49

All the stores of the Dutch merchants at Basse Terre, St. Christopher's, with the merchandize they contained, to the value of two millions of livres, were destroyed by fire! +Colonel Lynch succeeded Sir Thomas Modyford as governor of Jamaica: he issued writs for electing two assembly-men for each parish. The Assembly met in October, and were dissolved after a session of a month or two, during which time they passed a body of laws, which, not being confirmed by the crown, would have expired at the end of two years; but the governor, by an order of council, continued them in force to the end of his administration. No other assembly was called during Sir Thomas Modyford's administration.

Sir Thomas Modyford introduced into the island the art of making sugar.

Sir William Beeston, in his journal, says, " 1664, December the 4th. About this day appeared first the comet, which was the forerunner of the blasting of the cocoa-trees, and after which time they generally failed in Jamaica, Cuba, and Española."

The number of Whites regimented in Jamaica was 3000, and 800 more were employed in privateering.

Upon the 17th of April, an order in council was issued by the French government to the Company of the American islands, and the different proprietors then in France, to surrender their rights in the said islands, and send in their letters of concession, within fifteen days, to three councillors of state appointed to receive them that the whole might be placed in the hands of a more powerful company, who would be better able to supply the wants of the colonists, and prevent the state from losing its

commerce.

The different proprietors were to be indemnified for the money they had paid for their possessions; but the sum was not to be fixed until M. de Tracy had estimated their value upon the spot.

The agreement with the new company consisted of forty-three articles, and was signed at Paris in May. The first directors of this "Illustrious Company" were Messrs. Bechamel, Bertelot, Houel, Jacquier, Thomas, Bibaut, Landis, Dalibert, Poclain, and La Sabliere!

Upon the 26th of February, M. Tracy sailed from Rochelle, with seven sail, and 1200 picked men: he proceeded first to Cayenne, which was surrendered to him without opposition by the Dutch Governor, Guerin Spranger, on the 15th of May1; and

Du Tertre, tom. i. p. 586.-tom. iii. p. 40. Atkins's Voyage to the West Indies, p. 248.

Edwards, vol. iii. p. 294. Univ. Hist. vol. xxxvi. p. 302. Long's Jamaica, vol. i. p. 601.-vol. ii. p. 317.

"Articles and conditions, according and the counsellors resident in the island

to which the director, Guerin Spranger,

of Cayenne, shall deliver to his Excellency

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