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March 6.
Swanns Point. |
84. The Commissioners for Virginia to Governor Berkeley.
Find not only by former complaints, but by petitions this day before
them, that several illegal seizures have been made without any due
conviction or attainder. Have more than once protested against
such unwarrantable proceedings, and especially for that there is no
pretence or colour for such kind of practices, but rather of restitution. Reasons. Hope no more clamours of this kind may surround
them here, nor pursue Berkeley home to England to obstruct his
and their proceedings for the good of this country, and give new
occasions of more disturbances among the people. 3 pp. [Col. Entry
Bk., Vol. LXXXI., pp. 120–122.] |
| March 7. |
85. Governor Berkeley to the Commissioners for Virginia. Has
received their letter with some wonder, for they tell him that no
man's estate is to be seized for treason without conviction, which
he knows is contrary to all the practice of kingdoms in Christendom.
For this he appeals to the King and his Council and his learned
Judges of the law. Besides this he was by when the King seized
the estates of many that were in rebellion against him without
conviction. Desires them to take a list of what he has seized.
The case of Alexander Walker different, he voluntarily offered it.
Has seized nothing since the King's Commissioners came in, and
what is seized amounts not to the thirtieth part of his lost estate.
Shall give the King and his Council all their admonitory letters to
him. [Col. Entry Bk., Vol. LXXXI., pp. 123, 124.] |
| March. |
86. Petition of Colonel William Claiborne, a poor old servant of
your Majesty's father and grandfather, to King Charles II. Was
one of the Council of State to His Majesty's grandfather and
Secretary of State to his father, and by their special commands
under the broad seal of England to the Governor of Virginia was
sent to discover and gain a great trade in beavers and furs which
the Dutch then usurped to themselves. At his own charge and in
his own person, petitioner discovered and planted the Isle of Kent
and the Bay of Chesapeak, which then well succeeding, the old
Lord Baltimore taking notice thereof, procured a patent for the
same, pretending it was unplanted, and since, by force of arms,
though forbidden by the then King, has expelled petitioner and
taken away his estate to the value of above 10,000l. sterling, in
goods, cattle, servants, and many plantations thereon, which the
Grand Assembly of Virginia has lately presented as a great
grievance to the country, and has been near the utter undoing of
petitioner and his family, now in his old age, his younger years
being most spent in his discoveries and wars against the Indians
as Chief Commander. Prays for speedy justice in so lamentable a
case. Signed by W. Claiborne, senior. Annexed, |
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86. i. Memorandum by the King's Commissioners for Virginia.
That the petition of William Claiborne, senior, being
presented to them for a grievance to be laid before His
Majesty's royal consideration, they have given in the
same separately, as an affair which concerns a whole
peculiar province, and which has heretofore been before
His Majesty's royal father and Privy Council without
any decision being made therein. It is now again
humbly tendered to His Majesty to determine and to
remain under consideration till such a time as the
persons concerned, or some sent over by the petitioners,
shall arrive to negotiate the same in England "which we
are not empowered or concerned to do." |
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86. ii. Representation of the Colony and Assembly of Virginia
to His Majesty's Commissioners, for the settlement of
Virginia in these troublesome times of rebellion and
general disturbances. In all time since the dissolution of
the Virginia Patent, they have received assurances under
the broad seal of England and many declarations from the
King, that their estates should be "conserved" and in no
sort prejudiced, during which time the petitioner, Colonel
Claiborne, hath been resident in Virginia, and enjoyed, as
a Councillor and Secretary of State there, the benefits
thereof; and by virtue of Commissions under His
Majesty's Government and seal of Virginia, and by express
directions from the Commissions under the broad seal
of England, did discover and plant the Isle of Kent.
From this time it continued under the Government of
Virginia, and men arrested at the Isle of Kent for felonies
were returned to appear at James City; but Lord Baltimore's officers came and expelled us by force of arms
several times, and hanged our men without trial or just
cause given; they also took away our goods, servants, and
cattle, and displanted us at Palmer's Island, out of their
limits in Susquehannah River. All this they did in
spite of His Majesty's commands to the contrary not to
molest us. Signed by W. Claiborne, 1677, March 13. |
|
86. iii. Commission signed by Sir George Yeardley, Governor
and Captain-General of Virginia, to "my well-beloved
friend William Claiborne." There remaining divers
places and parts of this kingdom of Virginia altogether
unknown unto us, and not yet discovered by any, by
the search and true discovery whereof the bounds and
limits of this plantation may be far augmented, and such
other commodities found out as may be for the benefit
and good of the people inhabiting in the same, full
power and authority is given to said Claiborne, with a
sufficient company of men in a shallop, to sail into any
the rivers, creeks, ports, and havens within the Bay of
Chesapeake, or into any other part or parts of this Colony,
there to trade and truck with the Indians for furs, skins,
corn, or any other commodity, with power to govern and
punish his company according to the laws and customs
of the sea, life only excepted. James City, 1627,
April 27. |
|
86. iv. Commission signed by John Pott, Governor and CaptainGeneral of Virginia, to William Claiborne. To make
his voyage with a sufficient company of men, and sail
into any the rivers, creeks, ports, and havens within the
Bay of Chesapeake, or any other part of this kingdom of
Virginia, within the degrees of 34 and 41, there to trade
and truck with the Indians for furs, skins, corn, or other
commodities, with power to govern and punish his
said company, life only excepted. James City, 1629,
March 13. |
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86. v. Commission signed by John Pott, Governor and CaptainGeneral of Virginia, to "my well-beloved friend William
Claiborne, Esquire." Whereas by the cruelty and treachery
of the Indians we are many ways justly provoked and
incited to undertake a continued and settled course of
war against them, to their utter extirpation and ruin,
we, being better enabled thereunto by those numbers of
persons which have lately arrived and augmented this
Colony, according to an Act of Court to that purpose
made the 9th July instant, appoint said Claiborne Captain
and Commander of all forces to be levied and set forth
for that employment, by all ways and means he can to
destroy and pursue the Indians of these territories
adjoining, who have been principals or abettors in the
murder of our men, by cutting down their corn, surprising
them in their habitations, intercepting them in their
hunting, burning their towns, destroying their canoes
and wares, and depriving them of whatsoever may yield
them succour or relief, with power to govern and punish
all offending persons. James City, 1629, July 22, in
fifth year of the reign of King Charles I., and in the
three and twentieth year of this plantation. |
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86. vi. The King's Commission to William Claiborne, one of the
Council and Secretary of State for our Colony of
Virginia. Licensing and authorizing him and his
associates, who have condescended with Sir William
Alexander, Secretary for Scotland, and other His Majesty's
loving subjects, who have charge over the Colonies of
New England and New Scotland, freely to trade and
traffic for corn, furs, and other commodities in all seas,
coasts, rivers, creeks, harbours, lands, and territories in,
near, or about those parts of America for which there is
not already a patent granted to others for trade; commanding Governor Sir John Harvey and the Council of
Virginia to permit them to do so, as they will answer the
contrary at their perils. Given at our manor of East
Greenwich, 1631, May 16. |
|
86. vii. Captain William Claiborne's case stated against "Lord
Baltimore." That Claiborne entered upon the Isle of
Kent, unplanted by any man, but possessed by natives,
with about 100 men, and there contracted with the
natives and bought their right, to hold of the Crown
of England to him and his company and their heirs.
About three years after His Majesty granted a patent to
Lord Baltimore from 38 to 40 degrees of land unplanted.
That Claiborne having planted and stocked the island,
Lord Baltimore claimed the island to be within his
degrees, and so entered by force, and keeps the same and
all the stock and cattle there, to the valne of 7,000l.
1631. |
|
86. viii. Commissioned signed by Sir John Harvey, Governor
and Captain-General of Virginia, to "my trusty and wellbeloved friend Captain William Claiborne, Esquire, one
of the Council of State for this Colony." Authorizing
him, with the consent of the Council of State, to sail and
traffic into the adjoining plantations of the Dutch, seated
upon this territory of America, or into any other English
Plantations, or to such other rivers, harbours, and places
as he shall find occasions (sic), in such barks and
pinnaces, and with such company of men as shall
willingly accompany him; and giving him full power to
direct and govern said persons in his said voyage.
"Given at James City, the 8th day of March, Anno
Domini, after the computation of the Church of England,
1631(–2), and in the five and twentieth year of this
Southern Colony of Virginia." |
|
86. ix. Order of Governor Sir John Harvey and the Council of
Virginia. On request of Captain William Claiborne how
he should demean himself in respect of Lord Baltimore's
patent and his Deputies now seated in the Bay, answered
that the Council know no reason why they should render
up the right of the Isle of Kent more than any other
place formely given to this Colony by His Majesty's
patent, which, the right of his Lordship's grant being yet
undetermined in England, they are bound in duty to
maintain. James City, 1634, March 14. |
|
86. x. Examination of the "King of Patuxon" by the interpreter, in the presence of Captains Samuel Matthews,
John Utye and William Pierce, and Thomas Hinton;
likewise in the hearing of George Calvert, Fred
Winter, and divers others, Captain Claiborne also being
there; and in the presence of certain Indians whom said
King made choice of; in reference to his being a lover of
the English nation, and passages that passed between
Captain Fleete and the Governor of Maryland. Why
the Indians conceived the inhabitants of Maryland to be
"Waspaines?" whether Captain Claiborne hath practised
with said Indians to fall out with or destroy the inhabitants of Maryland. The King answered, No; and
that if he had a great basketfull or Roanoke given to
him he would not consent to the death of any Englishman;
that Captain Fleete bade him tell Captain Claiborne that
the great men of Pasbehayes would kill him, and that
it would be in vain for him to run away anywhere, for
the great men would fetch him from the Isle of Kent or
anywhere else; and that Captain Fleete told said King
not to go aboard Captain Claiborne's boat, as he would
take the King prisoner and tie his arms. 1634,
June 20. |
|
86. xi. The Privy Council to the Governor and Council of
Virginia. His Majesty, for the better encouragement of
the planters, does not intend that the interests which
men had settled when you were a corporation should be
impeached, that for the present they may enjoy their
estates and trades with the same freedoms and privileges
as they did before the recalling of their patents. To which
purpose the Governor and Council are authorised to
dispose of lands to planters, being freemen, as they had
power to do before 1625. Captain William Button for
his services to the plantation to be allowed land on either
side of the river Appomatuck most convenient to himself
and his servants. Whitehall, 1634, July 22. |
|
86. xii. The eighth Article of Cecil Lord Baltimore's instructions
to his brother, Leonard Calvert, and others, his Lordship's
Commissioners for the Government of Maryland. That
if possibly they can, without notable prejudice to their
own colony, and if Captain William Claiborne continue
his unlawful courses, and have not submitted to his
Lordship's patent, they seize upon his person, and detain
him close prisoner at St. Maries, upon that accusation
against him in Captain Fleete's examination; and that
they likewise take possession, if they can, of his plantation
in the Isle of Kent, till they have further directions what
to do. 1634, Sept. 4. |
|
86. xiii. Minutes of a County Court held at St. Maries. A jury
of 24 men, sworn to make true presentment of bills in
behalf of the Lord Proprietary (of Maryland). William
Claiborne, of the Isle of Kent, gentleman indited for that
he with other persons did, on 23rd April 1635, as pirates
and robbers, attack Thomas Cornwalleys and his company,
in two pinnaces, in the river of Potomac, on the eastern
shore, and shoot William Ashmore of St. Maries, of which
wound he instantly died. A true bill returned. 1638,
Feb. 12. |
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86. xiv. An Act for the attainder of William Claiborne, gentleman.
Whereas William Claiborne is notoriously known to have
committed sundry contempts, insolencies, and seditious
acts against the dignity, government, and domination of
the Lord Proprietary of this province; and to have
conspired and contrived sundry mischievous machinations
and practices with the Indians of these parts, to the
subversion and destruction of this colony and the people
thereof; and since the making of an Act of Assembly on
the 26th February 1634–5, enacting that offenders in all
murders and felonies should suffer pains, losses, and
forfeitures as in England, said William Claiborne, on
23rd April 1635, hath continued said insolencies, mutinies,
and contempts, against said Lord Proprietary and the
government of this place; it is enacted that said William
Claiborne be attainted of the crimes aforesaid, and forfeit
to the Lord Proprietary all his lands and tenements which
he was seized of on said 23rd April 1635. St. Maries,
1638, March 24. |
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86. xv. Warrant of Leonard Calvert [Governor of Maryland] to
the Sheriff of the Isle of Kent. To attach the estate
belonging to Captain William Claiborne in the Isle of
Kent, until he puts in sufficient security to answer the
suit of Captain George Eveline for William Cloberry and
Company, of London, merchants, in an action for 1,500l.
sterling, to be held at the Court at St. Maries, in June
1639. 1638, Feb. 26. Copy attested 25th July 1654. |
|
Warrant of Cecil Lord Baltimore to Robert Vaughan,
Commander of Palmer's Island. To seize, distrain, and
attach to his Lordship's use, all servants, goods, and
chattels whatsoever within that island, late belonging to
William Claiborne, of the Isle of Kent, and forfeited to
his Lordship by the lawful attainder of said Claiborne
of piracy and felony. St. Maries, 1638, March 19. Copy
attested 25th July 1654. |
|
Warrant of Cecil Lord Baltimore to the Sheriff of
the Isle of Kent. To seize to his Lordship's use all the
goods and chattels of William Claiborne, gentleman, within
his island, and keep them in safe custody until further
order from his Lordship. St. Maries, 1638, March 27. |
|
Inventory signed by Robert Vaughan, Sheriff of
Palmer's Island, of goods and chattels belonging to
William Claiborne within said island, seized by virtue
of a warrant from Lord Baltimore. 1638, June 20.
Copy attested 25th July 1654. |
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Warrant of Cecil Lord Baltimore to the Sheriff of the
Isle of Kent. That William Claiborne and his partners,
William Cloberry and David Morehead, have jointly
usurped his Lordship's Isle of Kent, granted to his
Lordship by His Majesty's charter under the Great Seal
of England, and have defended said island against his
Lordship's said just right and title, and driven a trade
with the Indians of Maryland, contrary to his Lordship's
right and privilege, and have otherwise trespassed and
committed wastes on said island to his Lordship's damage
of 1,000l. sterling; and commanding and authorising
said Sheriff to attach all goods and chattels whatsoever
of said Claiborne and his partners within the said Isle of
Kent, and at same time to summon publicly said Claiborne
and his partners to appear at some County Court held at
St. Maries before 1st February 1640, there to make
answer to said misdemeanours, contempts, and seditious
practices. Attested copy dated 25th July 1654. St. Maries,
1639, Jan. 2. |
|
Warrant of Giles Brent to the Sheriff of Kent. To seize
all debts, goods, and chattels appertaining to William
Claiborne, late of Kent, who stands convicted of open
hostility within this province (of Maryland) against the
Lord Proprietary and his government, and deliver the
same into the hands of his Lordship's Receiver-General.
1644, June 3. Copy attested 25th July 1654. |
|
86. xvi. The King to Cecil Lord Baltimore. His Majesty has
declared his pleasure that William Cloberry, David Morehead, and other planters in the island (of Kent), near
Virginia, should in no sort be interrupted but rather
encouraged in so good a work. Understands that contrary
to His Majesty's pleasure, Lord Baltimore's agents have
slain three persons, possessed themselves of the island by
force, and seized the planters and their estates. Strictly
commands him to allow the planters and their agents to
have free enjoyment of their possessions without further
trouble until the case be decided. Greenwich, 1638,
July 14. |
|
86. xvii. Mem.—That David Morehead delivered the above
letter to Lord Baltimore in presence of George Fletcher,
merchant, Thomas Bullen, Captain William Claiborne,
and William Bennett, and required an answer from his
Lordship, in respect the ships were at Gravesend which
are bound for Virginia and ready to depart, that he might
have his Lordship's letters directed to his agents in those
parts, according to the tenor and effect of His Majesty's
said letter; he also delivered his Lordship a copy of His
Majesty's former letter (see 8 Oct. 1634 in the First
Volume of this Calendar). His Lordship's answer was,
that he would wait on His Majesty and give His Majesty
satisfaction, and would give no other answer until he had
spoken with His Majesty. |
|
86. xviii. Examinations taken ex parte William Claiborne in a
suit Claiborne against Cloberry and others, in reference
to the goods, servants, and supplies sent to the Isle of
Kent. This is a closely written document of 71 pages,
and contains the examinations of the following persons,
all attested, and some of them with the signatures of
Sir Francis Wiat, Governor of Virginia, Sir John Harvey,
and Captain Samuel Mathews, viz.:— |
|
Thomas Sturman, Thomas Yovall, Thomas Hailes,
William Cox, Richard Tomson, Edmond Deering, and
John Boteler, all of the Isle of Kent; Philip Taylor of
Accomack, Virginia; Captain Richard Pope of Charles
River, Virginia; John Harvey of James City, Virginia;
Thomas Woodhouse of Smith's Fort, Virginia; Thomas
Adam of Kent, Maryland; John Fullwood at Sandes of
same; George Scovell, William Jones, Lucy Purifie,
Anthony Linney, Richard Browne, and William Levermore alias Cox, all of Kecoughtan, in Virginia. 1640,
May. |
|
86. xix. "Declaration showing the illegality and unlawful proceedings of the Patent of Maryland." Begins with the
year 1607, when 50 earls and barons, 350 knights, and
600 gentlemen and merchants of primest rank, became
incorporated, and were originally named in the Letters
Patents by the name of the Company of Virginia.
Chiefly by the cross agitations of two powerful factions
in the Company, the work went heavily on for the first
12 years. It was almost shattered to pieces by the fatal
blow of a massacre in 1621. The King then strongly
advised against the form of the Company's government,
as being a nurse of parliamentary spirits, and obnoxious
to monarchical government. An order made at the
Council table on 8th October 1623 for altering the form
of government, but not being submitted to a quo
warranto, was issued for calling in the patent, advantage
being taken of the Company mispleading their patent,
which was condemned in Trinity Term following [1624],
but for many years after no judgment entered, and to
this time not vacated upon the record in the Office of the
Rolls, whereby some that sought the overthrow of Lord
Baltimore's patent for Maryland in the Parliament of
1640 took out the Virginia patent again under the broad
seal of England. Therefore thought by prime lawyers
now to be unquestionably in force, and that of Maryland
inconsistent and void. Then issued several proclamations
and orders from the Council table: That all men with
the adventurers and planters should be assured that their
rights and interests should be preserved. The interest of
the colony deserted by her former friends, and the colony
left weltering in her blood in the heat of a war with the
Indians, though at last restored to peace and plenty.
About 1633, Lord Baltimore obtained a patent for that
part now called Maryland, pretending, though not truly,
that the greatest part of the country was unplanted,
which he hath since held with a few people, debarring
those to whom it justly belonged from planting it,
destroying and ruinating those formerly seated under
Virginia at the Isle of Kent, and interdicting trade with
the Indians for furs discovered and begun by them.
Describes the evils of the Maryland government to protect
chiefly the Roman Catholic religion and suppress the poor
Protestants amongst them; the whole frame of government
carried on in the Lord Proprietor's name, as if he
were absolute prince and king. It were impious to think
that the then King or King James, being rightly informed,
would ever have granted such a patent as this of Maryland is, being near two-thirds part of the better territory
of Virginia, and as no way consistent with equity and
honour and public faith. Recites most of the aforesaid
public assurances; the Order of Council of 8th October
1623 to assure adventurers and planters against any
mistaken fear that their estates should receive prejudice;
said Order confirmed by a further order of 20th October
1623, which Orders went sent over and published in
Virginia for encouragement of the planters; King James'
Commission of 15th July 1624, that his intention was to
alter the form of government, but with preservation of
the interests of every adventurer and planter. His
Majesty's like declaration in his commission to Sir Francis
Wyatt, and the like inserted in all King Charles' commissions to his governors of Virginia up to the present
time; neither were there any instructions to the contrary
given by the Company for the government of the colony.
King Charles' proclamation of 13th May 1625, and the
letter from the Privy Council of 24th October following;
also the King's letter of 12th September 1628, and the
letter from the Privy Council of 22nd July 1634, in
answer to the complaint from Virginia to the interruption
of their trade by Lord Baltimore, were all to the same
effect. By all which it appears that howsoever the
government could not be reduced but by revocation of
the patent itself; yet in respect of said letters and orders
the adventurers and planters of Virginia, as to their rights
and privileges, according to equity, remain in the same
condition as if no such judgment had been given. Arguments in reference to whether Lord Baltimore's patent
takes in part that the Virginians had then planted; one
of the chief of the five arguments being that we (the
Virginians) clearly claim right by possession, having
planted the Isle of Kent almost three years before ever
the name of Maryland was heard of, and burgesses from
that place sat in the assemblies of Virginia. "How
" unjust an intrusion will the Lord of Baltimore's patent
" appear, which overthrows the interest of so many
" noblemen, gentlemen, and poor planters." This document of six closely written pages is endorsed "1649."
Several of these enclosures are calendared in the first
volume of this Calendar where other documents on this
subject will be found. [Col. Papers, Vol. XXXIX.,
Nos. 44, 44 I.–XIX.] |
| March 14. |
87. Journal of the Lords of Trade and Plantations. Ordered
that a copy of the Act or Declaration whereby the Council of
Plymouth surrendered their charter to His Majesty be delivered to
the agents of the Bostoners. [Col. Entry Bk., Vol. CIV., p. 304.] |
| [March 14.] |
88. Petition of John Downing, gentleman, inhabitant of Newfoundland, to the King. Recites his previous petitions, the
consideration of which His Majesty referred to the Lords of Trade
and Plantations to take order therein, but they have not had the
opportunity to do so, and petitioner is forced to return to Newfoundland to preserve his wife and family from a repetition of
former violences which petitioner has reason to believe will be
committed against the inhabitants by the patentees with greater
rigour. Prays that the execution of His Majesty's patent about
the Newfoundland trade may be suspended for this summer.
"Recd 14 March and read in Council 23 March 1677." [Col.
Papers, Vol. XXXIX., No. 45.] |
| March 15. |
89. Journal of the Council of Barbadoes. Present: Governor Sir
Jonathan Atkins, Henry Drax, Henry Hawley, Henry Walrond, Samuel
Farmer, Samuel Newton, Thomas Wardall, John Peers, and Symon
Lambert. Four Acts of Assembly passed, viz., Repeal of an Act for
the encouragement of the manufactures of this island; an Act
appointing the sale in open market of effects attached for excise,
parish dues, and servants' wages; for continuance of an Act
entitled an Act for the better ordering and governing of Negroes;
and, an Act empowering the freeholders of the parish of St. Peter's,
All Saints, to meet and choose a vestry of the freeholders of said
parish. [Col. Entry Bk., Vol. XI., pp. 293, 294.] |
