512 CHAP 1681. ELECTION OF MR. HENRY DURHAM. Mr Henry Durham the councellor of Southampton Tribe to be Gouernor and Captaine Generall of these Islands to all intents and purposes, vnless or till such time as the aforesaid companie doe take other order in and about the premises. In testimonie whereof wee haue herevnto sett our hands the nineth daie of Nouember In the yeare of our Lord God one thousand six hundred eighty and two Signed John Hubbard Sher. George Bascom ffrancis Tucker Christopher Burrrowes Joseph Darrell (MS. vii. p. 118.) 10. At the Court at Whitehall this 22nd day of November The King's most excellent Majesty, His Highness Prince Rupert, Lord Archbishop of Cant:, Lord Chancellor, Lord President, Lord Privy Seal, &c and a full council The Right Honble: the Lords of the Committee for Trade and Foreign Plantations representing this day unto his Majesty at this Board the necessity of the Attorney General bringing a new Quo Warranto against the Charter of the Bermuda Company that the same may be forthwith brought to a final issue. His Majesty upon consideration thereof was this day in Council pleased to order that Sir Robert Sawyer Kn':, his Majesty's attorney General do bring a new Quo Warranto against the Charter of the said Company, and prosecute the same in his Majesty's behalf against the said Company to bring that matter to a determination with all convenient speed. 11. Petition No. 5. To the kings most excellent Majesty FRANCIS GWYN. (1) The humble petition of yr Maties Dutifull Loyall and obedient subiects the Inhabitants of yor Mats Islands of Bermuda in America Humbly Shewing That the pretended Bermuda Companie who derive their title from the Virginia Companie who were disolued aboue fifty years since, are not now owners of one Twentieth part of the land in the said Islands, and yet do usurp more authoritie over the Petitions by imposing Taxes, Lawes, Governs and other Officers and Ministers on them than euer their predecessors did PRECEDENTS AS TO COLONIAL CHARTERS. on those inhabitants who were all but their servants, or Tennants at halfe profitt Notwithstandinge the said Companie haue not traded on a joint stock for aboue forty yeares But doe hinder all other yor Maties subiects from trading to the said Islands. Humbly Pray. That in consideration of the premises yr Mat will be graciously pleased to take the Petiors into yr Royall Protection, and to send some fitt person to be their Govor whoe they will mayntaine, Fortifie and Arme themselues without putting yo Ma's to any charge [not signed]. This Petition, with the annexed papers, was referred 30 May, 1683, to the Attorney-General, and the following memoranda are entered in connection with it. (2) Sr Ferdinando Gorges his charter for New England was opposed by the Virginia Company because it was comprehended in both their Charters, yet they could not hinder Sir Ferdinandos grant. The King cesed (seized) y Governm of Barbadoes and ye Caribe Islands into his hands, notwithstandinge ye earle of Carlisle's Charter. The King granted Carolina to ye Duke of Albemarle &c. and yet it was granted by his late Matie to ye Duke of Norfolk's father. The King granted new Jarsey to Sr Georg Cartrete wch is comprehended in ye Charters of Virginia and new England alsoe. And his Matie granted Pensylvania to Pen yet it is comprehended in both ye Charters of New England & Virginia. Both the Gouernm' and ye soyles of ye three last is passed in ye sd last grants. (3) Upon this the Attorney-General enters the following opinion. 7 June, 1683 I haue considered of this Petition and the papers annexed, and heard council on both sides. And doe find that by the Charter the ciuill power within the Island is vested in the Company and they haue likewise power to defend themselves by force against invasions or insurrections and to use and execute Martial Law: but I am of opinion there is nothing in the Charter to exclude his Majestye from ordering or disposing of the Militia of that Island for the safety thereof, or from constituting a Governor or Lieutenant in order thereto. (Signed) R. SAWYER. 513 CHAP. XVII. 1681. 514 CHAP. .1681. CHARGES AGAINST DURHAM. (4) Sir G. Jeffryes, on the question whether the King by His Royall Prerogative may send such Governor thither as he shall think fitt,' had already expressed a similar opinion: I conceive that notwithstanding any words above (the words of the Charter) His Mat may send such a Gov as he shall think fitt.' (Not dated.) 12. About this time Francis Burghill (subsequently nominated Governor by James II. in lieu of Coney, but the nomination was cancelled), received a series of articles against Mr. H. Durham, the acting Governor, from W. Righton, which he had laid before the Council in Bermuda, and now transmitted to Burghill, to be worked in the best way he could to the disadvantage of the Company.1 He taxed Durham (1) With refusing him a copy of the Records, being demanded in behalfe of the King. (2-3) With contemptuous language, and declaring that if the Company be undone, this poor Island must expect nothing but Popery, robbery, and the loss of their lands. (4) With declaring that the Kings Government is ever and always accompanied by blasphemies and prophaneness, and affirmed that, (5) The said Mr Henry Durham haue not onely cast contempt vpon the Kings Sacred person and government, but have greatly scandalized the government of the Church of England by perswading yo Inhabitants y' if the Kings Government should take place in Bermudas that ye people will be forced to go to Church with a Drum and Fiddle. (6) The aforesaid Henry Durham saide that if the Company be broken and ye Kings Government take place in Bermodas that ye people of the Island will be bought and sould, and perhaps may haue thirty or forty frigotts lie in our harbour to destroy and eat vp ye Inhabitants continually, soe that it need not be wondered that so many decry and speake so much euill of ye Kings Matie and Government and to chose the worst of Companies before the best of Kings to rule over them. 1 Francis Burghill, who is much mixed up in the transactions of this period, formerly Governor of Calshott Castle, appears to have been an underling of the Court in 1684. He had been a frequent applicant for place. Thus, in April 1661, he tried in vain to be appointed Governor of Antigua. He was once a Gentleman of the Bedchamber to Charles II., but dismissed as being not worthy of trust. His enemies declared that he had been convicted of coining under the CommonHe laid claim, wealth, but pardoned by Cromwell on condition of turning spy. however, to valuable services to the Royal cause.-Domestic Papers, 1660-1. END OF HIS GOVERNMENT. Then follow indignant queries whether such discourses have not a direct tendency to oppose and subvert the King's Government, and are not at the least a transgression of 13 Car. II. ch. 1-2. In his covering letter, rudely written and ill-spelt, Righton reiterates his complaints of the evil, if not treacherous, temper of the greater part of the inhabitants of the Islands, but especially of the Company's officers, and, for the Governor and his Council, they are not able to be borne with by any that have the least love, loyalty, or allegiance to his Sacred Majesty. What effect, if any, these charges may have had, does not appear. Durham's tenure of office was brought to an early termination by the appointment of a new Governor, who subsequently attributed much of his own difficulties to him. This Mr. Durham,' wrote Colonel Coney in 1686, 'is a native of Bermudas, and was Governor when I landed here. He was chosen by ye Inhabitants, and succeeded Captain Seymer, likewise a native. He succeeded St John Heydon. Before St John Heydon's time they had several Governors natives of y country, whoe for kindreds sake and their owne private interest permit ye Inhabitants to doe wt thay pleased, proving the sole cause of this confusion, troble to St John Heydon, and much more to myself' (Col. Coney, 1686, Colonial Papers). 1 The ministers (who are all such violent nonconformists that they never pray for the King) have of late by order of the Company preacht downe his Maties Government, and the Company's vp, and possest many of the people with a belief yt they shall be ruined if his May takes these Islands, for the courtiers will begg their lands, and they shall have a Popish Governor. 1683.'-Col. Papers, p. 205. They send none but nonconformist ministers to the Bermuda.'-Burghill, 1684. 515 CHAP. XVII. 1681. CHAP. 1683-1687. CHAPTER XVIII. GOVERNMENT OF COLONEL RICHARD CONEY. 1683-1687. THE army of England was made up entirely of indepenXVIII. dent companies or troops, the Royal regiment only excepted, down to April 1683, when these companies and troops were formed by Charles II. into three regiments of horse and eight of foot (Grose). To which of these, if any, Colonel Coney belonged, or what commission he held, the Editor has not been able to ascertain, nor is his name found on any list preserved at the War Office. He was sent out with the good liking and consent of the Crown, and it is impossible to accept the evidence of enemies as to his character and habits of life. W. Righton affirms he beats, abuses and imprisons the Inhabitants when they come to him for justice, Withholds from them arms and ammunition, and hath forbidden them to yield obedience to their military commanders. The country knows him to be miserable poor, and so given to drunkenness, swearing, and lying, that there is not a sparke of any respect amongst the people for him."1 Thus William Milborne declares that The Deputy Governor here hath acted more like a brute than a man, or at least an Englishman. It is the generall desire of the Inhabitants to be relieved of their oppressions, and of nothing sooner than this Tyrannical Deputy Govern1.' 2 Such extravagant charges refute themselves. The fact that after they had been heard he was continued two years in office by the King, although appointed by the Company, affords a strong presumption that they could May 20, 1684, to Francis Burghill. Colonial Papers, xxxiii. 2 Letter not addressed; probably to Burghill. |