|
March 1.
Admiralty
Office. |
199. Mr. Burchett to Mr. Popple. Application being made to my Lords of the Admiralty by Nicholas Trott, Esq., that they will appoint him Vice-Admirall in the Colony of Carolina, where he designs to make constant residence, they desire to know whether my Lords of the Council of Trade or yourself have had any account of his circumstances or qualifications. Signed, J. Burchett. Endorsed, Recd. 3rd., Read March 4th. 1700 (1701). Addressed. ¾ p. [C.O. 5, 1260. No. 97; and 5, 1289. p. 1.] |
| March 1. |
200. Minutes of Council in Assembly of Barbados. On the petition of Ann Gaylard, widow, she was granted 24l. for damages done by a negro, whom she had prosecuted. [C.O. 31, 6. p. 400.] |
March 1.
Whitehall. |
201. Mr. Secretary Vernon to the Council of Trade and Plantations. H.M. commands me to acquaint you that he thinks fitt that there be an addition of a captain and forty men to the Company in Newfoundland, to the end your Lordships
may take the necessary care to provide provisions and other necessarys, as also for the four recruits that are to be sent thither. Signed, Ja. Vernon. Endorsed, Recd. 1st., Read March 7th., 1700/1;. 1 p. [C.O. 194, 2. No. 27; and 25. p. 412.] |
March 2.
Whitehall. |
202. William Popple to Mr. Burchett. The Lords Commissioners for Trade and Plantations desire you to acquaint the Lords Commissioners of the Admiralty with the contents of preceding, to the end they may be pleased to give the like directions for the provisions for those men for one year as they have given for the Company now there. P.S.—The Agent for the Company will attend you. [C.O. 195, 2. p. 413.] |
March 3.
Whitehall. |
203. Journal of Council of Trade and Plantations. Directions given for preparing a Representation wherewith to lay before his Majesty the draught of a Proclamation for encouraging the apprehending and conviction of pirates. |
|
Ordered that notice be given to Mr. Attwood and Mr. Broughton to attend with copies of their Instructions, etc. |
| March 4. |
Letter from Mr. Burchet, March 1, read. Ordered that Mr. Randolph have notice to attend in order to such information as he may be able to give in connection therewith. Representation, ordered yesterday, signed. |
| March 5. |
Order of Council, Feb. 13, re Col. Sadler, read. Mr. Randolph attended as ordered yesterday. Reply to Mr. Burchet ordered. |
|
Mr. Randolph delivered a paper on the state of defence of the Plantations. |
|
Order of Council, Feb. 13, re John Loder, etc., read and a copy taken. |
|
Memorial of Thos. Hodges read. Several notes taken upon it, in order to an answer or other proceedings. [Board of Trade. Journal, 13. pp. 385–390; and 98. Nos. 41–43.] |
| March 3. |
204. Minutes of Council in Assembly of the Massachusetts Bay. |
|
Bill relating to appeals, sent up, was passed and H.E. gave his assent thereto, as also to the Bill about forceable entrys. The new Bill for the convenient and speedy assignment of dower was read, passed and sent down. |
|
Amended Bill, directing the admission of inhabitants into towns, read, passed and sent down. |
|
Bill, providing that in suits where goods or estate is attached the defendant be summoned, read twice and committed. |
|
New Bill for rendering an accompt of fines ordered to be drawn embodying the Committee's amendments. |
| March 4. |
The above-named Bill was read, passed and sent down. |
|
Amended Bill about Suits read, passed and sent down. |
|
Bill for the surveying of land was read a first time. |
|
Petition of John Burnaby of Boston, merchant, to prosecute an appeal by him made from the sentence of Penn Townsend, J.P., recording him for a lyar, at the prosecution of Samuel Lillie, granted. |
|
This resolve and the petition were sent down to the Representatives for their concurrence. |
|
Resolve and Order for accommodating and issuing the differences in Watertown, referring to the support of the Ministry, sent up by the Representatives, were read and referred to a Committee. |
|
The Representatives concurred with the resolve of the Board, Feb. 27, appointing a Committee to examine claims of land East-ward of Wells. |
|
Members of the Committee appointed to join with such others as the Representatives choose. [C.O. 5, 788. pp. 235–237.] |
March 4.
Whitehall. |
205. Council of Trade and Plantations to the King. In obedience to your Majesty's order, Feb. 20, we humbly offer upon the draught of a Proclamation for apprehending and convicting pirates, that, whereas by the said draught there is a latitude given of 12 months within which time any priate may come in and be pardoned for all piracies by him committed till that time, there is a great danger in allowing an impunity for so long a time, which may encourage them to commit piracies for several months even after their having received notice of the Proclamation. We have therefore limited the promise of such pardon to piracies only that shall be committed before the 24th June next: with a further proviso that none who shall go out of Europe or commit piracy upon the seas in Europe, or who shall commit piracy in any place whatsoever after notice of this offer of mercy, shall have any benefit thereby. Instead of extending the authority of receiving the submissions and affidavits of pirates, upon which they are to be pardoned, to all persons commissioned to try pirates under the late Act, we have thought it safer to confine that trust to the Chief Magistrates in any of the Ports of England or Ireland, to such of the Governors or Commanders in Chief, for the time being, of your Majesty's Plantations in America, as act by your Majesty's immediate Commission, and to the Cheifs of the Royal African Company. In accordance with the wishes of the East India Companys we have limited the surrender of pirates to Europe, Africa and America. We further humbly offer that, as in former proclamations, Henry Every, alias Bridgeman, be excepted. We have also made some other alterations of less moment. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. Annexed, |
|
205. i. Draught of Proclamation for the apprehending and convicting of pirates, prepared by the Council of Trade and Plantations, as referred to above. [Board of Trade. Plantations General, 5. pp. 375–384.] |
| March 4. |
206. Journal of Assembly of Barbados. Address to H.E. with a present of 500l. passed unanimously. |
|
Committee for Arrears continued till next session. |
|
Act for a public levy read the first time. |
|
Reports upon the petitions relating to servants were read and passed. |
|
Samuel Cox's petition on that matter referred to the former Committee. Payment of the Clerk's and Marshall's salaries recommended to H.E. [C.O. 31, 6. pp. 429–433.] |
March 5.
Whitehall. |
207. Mr. Popple to Mr. Burchett. In reply to March 1 the Council of Trade and Plantations command me to acquaint you, that if the person referred to be Mr. Nicholas Trott who resides now in Carolina, they have received a good character of him from Mr. Randolph, and have otherwise themselves no knowledge of his qualifications. But if your enquiry be concerning Mr. Nicholas Trott who was formerly Governor of the Bahama Islands, they suppose it is sufficiently known that he lies under many ill imputations. [C.O. 5, 1289. p. 2.] |
| March 5. |
208. E. Randolph to the Council of Trade and Plantations. Report upon the ill condition of the Plantations for defending themselves against invasion. Bahama Islands. Providence is the seat of Government. There are about 250 white men, women and children, and as many blacks, molattoes and mustees, who live scattered in and about Nassau. The Spaniards claim those Islands. In July, 1698, the Bonaventure fleet made John Flavell, of Carolina, prisoner and his vessel prize (see Cal. A. and W. I. 1699. No. 85.i.) and the General persuaded him to pilot 7 or 800 of his men into Providence Harbour, saying he had a Commission for it, and that he would root the inhabitants out as soon as he could get a pilot. Case of Thomas Smith (see Cal. 1700, quoted). The fort was begun to be rebuilt by Col. Trott, having 22 iron guns mounted, but the wall was soe slight that soon after 'twas built, 40 or 50 foot were blown down in one night. That part, which lyes to secure the Harbour, is all open with the shoar and of noe use. Besides the Lords Proprietors wrote to Col. Webb to doe nothing more towards the repairs, soe that place cannot defend itself against a small number of Spaniards, who in 24 hours' sayle can come upon them from Cuba. The best and only place for a fortification is Harbour Island, where is a spacious harbour, 19 foot water lying between Elutheria and Harbour Island and a narrow entrance, where a small fort with 15 guns will secure the Harbour and the Island. The Winchester frigott was cast away in the Gulf of Florida. A little charge will weigh her guns, which will serve for this and the fort at Providence. The Lords Proprietors have been at noe charge to secure those Islands, but left them to the inhabitants to defend, nor took any care for settling those who were drove off by the Spaniards in 1683. 'Tis absolutely necessary some present and effectual course be taken to defend Providence, otherwise, if the Spaniards or French get that place, it will be a great annoyance to vessels passing through the Gulf of Florida and an utter ruine to our Trade in those parts. The Spaniards likewise lay claim to the Southern bounds of South Carolina. Case of Governor Morton, 1686, quoted. The Lords Proprietors think their country is well secured by their bar'd harbour, but I have seen a Lieutenant and six Spanish soldiers, who came from St. Augustine to Charles Town in a great
periago, through small inland creeks leading from one river to another. A small fort with seven guns, built upon the entrance of the narrow passages after crossing the River of Port Royall, or elsewhere, will secure these passages. There is a brick fort at Charles Town not finished, which commands the entrance into Ashby and Coper Rivers. They have no guns mounted, and not 12 small old iron guns mounted on the shoar of the Harbour fit for service. North Carolina has a few inhabitants who live scattered up and down upon the rivers and lakes. Their poverty is their security. They cannot get 60 men together in 10 or 15 days' time for their defence. Virginia and Maryland have no fortifications. There were some forts built formerly, but it is not possible to build any forts for their defence, because they lie low and abound with great rivers, and an enemy may land where they please. Their proper and only defence is made by men-of-war. Pennsylvania and the three lower Countyes upon Delaware Bay are exposed to all danger. It is against the Quakers' principles to use the sword. 'Tis absolutely necessary to secure the entrance of Delaware Bay by sending a small frigott thither, which will guard Pensylvania and West Jersey from pirates and break the neck of the Illegal Trade, never more practised that (sic) since Mr. Pen's arrival. East and West Jersey have no Militia; their only security depends upon the Government of New York; that of Connecticott upon the garrison of Albany. Tho' they have many small towns well inhabited, they are not in a condition to defend themselves, for in case the French should get possession of Albany, they would soon put Connecticott under contribution. There are five or six small guns mounted at Newport in Rhoad Island; 'tis necessary there were a good fortification with guns to defend that place, there being few or noe soldiers upon the Island, as were formerly, before the Quakers had the Government. I was told about 10 years ago by Capt. Talmash who had been a Buccaneer, that 7 or 800 Buccaneers in the West Indies were resolved to get possession of Rhoad Island, being a place abounding with provisions, which, if they had effected, all the inhabitants in New England could not have driven them off. Boston is the only place of defence in Massachusetts Bay; there are two forts with several guns, as well as a small fort with three or four guns at Charles Town and several guns mounted at Castle Island. They take little care to buy ammunition, etc. There are great numbers of men fit to bear arms. The Lieut. Governor, Mr. Stoughton, is a person learned and conversant in books, but wholly unacquainted with military discipline, so that that great country lyes exposed to the incursions of their merciless enemies, the French and Indians. 'Tis true they have settled a militia through the whole Province and some of the Councell and others, being Church-Members, are made the Chief Officers, but not three of them all know how to draw up and exercise a foot company. Lord Bellamont resides at New York, and it will be a long time before they can receive the necessary orders from H.E. against the approach of an enemy. In New Hampshire there is a fort built upon Great Island at the entrance of the
Piscataqua, and above 20 guns which, with ammunition, were sent thither by her late Majesty, besides some that were there before. Piscataqua is the only place from whence the Great Masts, fit for H.M. Navy, are brought. The French may easily surprise that fort, there not being many men upon that Island to defend it. Once in possession, they will maintain themselves by contribution from the neighbouring inhabitants of Hampton, Exiter, etc. |
|
The rebuilding of the fort at Pemaquid, in the Province of Main, has been often discoursed of, but the Bostoners, through whose neglect it was taken by the French and Indians, have not money to doe it. There are other forts in Main, which might be of great service, and should be repaired, but there are few inhabitants left, and those ruined. |
|
From consideration whereof 'tis humbly proposed, that the Lords Proprietors and others clayming right to the several Proprieties be forthwith required to send great guns, small arms for horse and foot, and ammunition sufficient for the defence of H.M. good subjects there inhabiting, and that a prudent gentleman, well skilled in military affairs, be speedily sent from hence, with H.M. Commission to be Lieut.-Governor of the Massachusetts Bay, in the room of Mr. Stoughton, and another good soldier to be Lieut.-Governor of New Hampshire in the roome of Mr. Partridge, with a yearly allowance of a good salary, which will encourage the desponding inhabitants chearfully to provide all necessaryes for their country's security, especially when they see H.M. is pleased to take such effectual care for their preservation. Signed, Ed. Randolph. Endorsed, Recd. March 5, 1700/1. 9½ pp. [Board of Trade. Plantations General, 5. No. 87; and 35. pp. 384–398.] |
| [?March 5]. |
209. Notes [by the Council of Trade and Plantations] upon Mr. Hodge's Memorial, Feb. 28. (a) If former Governors have been disobedient to orders, they have been punished for it. We hope the present Governor will observe the orders that shall be sent him. (b) The making presents to Governors by General Assemblies has been long practised in the Plantations; and the consequences thereof were under consideration of this Board in order to proper remedies before any application made by Mr. Hodges. (c) It is impossible but merchants and Planters, who have great dealings, must be indebted to some, as they have debts due unto them from others. But we take the utmost care we can, in naming Counsellors, that they be persons of good estates. When it happens otherwise, they may be prosecuted by their creditors, and ought not to be exempted except when the General Assembly is sitting. (d) The truth of this allegation, that the most necessitous and litigious persons are made Counsellors, does not appear to us. (e) He should show how the procuring Mandamus's in England to be made Counsellors in Barbados dos cost more than ordinary fees. (f) The thing here complained of is the proper constitution of the Plantations. And we are of opinion that honest merchants and planters will
determine controversies there better than Lawyers. (g) We cannot alter what we have represented, and shall take care to execute what H.M. has ordered upon our Representation. (h) The opinion given by this board, Feb. 6, is all that was proper for this Board to do. (i) He may do well to give the President he there mentions. (k) The method of this Board is that the persons concerned to make proof of any matter do bring affidavits thereof in writing made before a Master in Chancery. In Mr. Popple's handwriting. 2 pp. [C.O. 28, 4. No. 82; and 29, 7. pp. 286–288.] |
| March 5. |
210. Minutes of Council of New York. The Council met at Fort William Henry within one hour after the death (6 a.m.) of H.E. Richard Earl of Bellomont. H.E. Commission was read, and in the absence of the Lieut. Governor and other members of the Council, those present issued a Proclamation declaring the death of H.E. and confirming all officers, civil and military, in their respective authorities and commissions, until H.M pleasure be known. Expresses were sent to summon absent Councillors. Col. Abraham Depeyster was appointed to act as President. The Secretary delivered at the Board the seal of the Province, which was by the Gentlemen of the Council put again into his custody. |
|
Resolved that all the Gentlemen of H.M. Council do in a body wait upon the Countess of Bellomont to condole with her the unspeakable loss to her Ladyship and this whole Province. Ordered that Col. Abraham Depeyster and Thomas Weaver do request the favour of the Countess of Bellomont to permit them together with whom else her Ladyship shall appoint to inspect the late Governor's papers, and that she be entreated to deliver such papers unto them as relate to the Government, to be by them delivered to the Council, giving her a receipt. |
|
Letters ordered to be sent to the Governors of the Massachusetts Bay and New Hampshire and the rest of the neighbouring Governments, giving notice of H.E. death. |
|
Resolved that care be taken by this Board for the management of the interment of H.E., according to such command as they shall receive from his Countess. |
| March 6. |
There being no public moneys in the Receiver General's hands, nor is there any for the soldiers' subsistence, without which the forces at Albany are likely to be in so desperate a condition as either to be starved or to desert, letters were ordered to Mr. Hendrick Hansen and Peter van Brugh desiring them for the present to advance moneys or provisions or credit for provisions for their subsistence until moneys can be sent up, and that the Excise of Liquors of Albany and Ulster counties be paid to them upon the said account, and that the overplus of what is advanced by them shall speedily be sent to them in money. [C.O. 5, 1184. pp. 448–452.] |
| March 5. |
211. Minutes of Council in Assembly of the Massachusetts Bay. Parties relating to Thomas Coram's Bill heard. Resolved that Petitioner be enabled by a special Act of this Court to have
his appeals from the judgments of the Inferior Court of Common Pleas of Bristol County to the next Superior Court to be holden within the County in the several causes in his petition mentioned, he giving sufficient security to prosecute the same, etc. The several executions granted on the said judgments to be vacated, and all the proceedings had thereon, and all the goods and estate levied by them to be restored to the Petitioner. This resolve sent down to the Representatives for their concurrence. |
|
Bill for surveying lands read a second time and committed. |
|
Richard Bryar, Agent for the town of Kittery, appeared in opposition to the petition of Barwick, the upper precinct of the said town, to be made a distinct township. Consideration of the matter referred to next Session of Assembly. |
| March 6. |
Bill for surveying lands, amended, passed and sent down. |
|
The differences of Watertown, relating to the support of the Ministry, referred to a Committee. |
| March 7. |
Joint Committee appointed for examining claims to lands eastward of Wells. |
|
Bill to enable John Burnaby and Thomas Coram to prosecute appeals read twice, passed and sent down. |
|
Upon the report of the Committee and with the concurrence of the Representatives, several resolutions were passed with a view to settling the difference relating to the support of the Ministry in the Middle and Easterly parts of Watertown. |
|
Joint Committee proposed for considering the Earl of Limerick's petition. [C.O. 5, 788. pp. 237–241.] |
March 6.
New York. |
212. Council of New York to Mr. Secretary Vernon. Yesterday morning at six a clock H.E. the Earl of Bellomont departed this life, and the Lieut. Governor, Capt. Nanfan, being absent at Barbados, the administration of the Government is by H.M. Commission fallen upon us who are of H.M. Council, and altho' wee are under the greatest consternation by this great blow, yet we would not omit giving you some account of the public affairs of the Province. Wee are left in a most deplorable condition, for there are no moneys in the Public Treasure, nor any money of the subsistance for the forces in pay, the Earl of Bellomont not having left sufficient even for the support of his family, and discharging his funerall without private credit, having expended considerable sums for a ship and ship timber sent already home to the Lords of the Admiralty, and severall hundreds of pounds for the undertaking of masts for H.M. Navy, and all this from his private purse, and by several summs of the public money which he borrowed, otherwise could not have given that specimen of his great design of saving to the Nation of England many thousands of pounds per annum in the prices of ship timber and masts, a full account of which we are assured he hath already given to you, etc. This is our greatest difficulty, which we shall use our best indeavours to overcome untill the Assembly meets, which will be a month hence. Wee therefore humbly pray your favour that Mr. Champante, Agent for this Province, and Agent for the Forces here in pay, may be obliged to return with all speed what moneys of the subsistence
is received by him from this day, for we cannot draw bills on him, lest being only Attorney to the Earl of Bellomont he might not accept them. But we humbly desire he may be continued by the Lords of the Treasury, having assurance of his trust and fidelity. Wee are but four of us in Town, the other three of the Council are seventy and 150 miles distant, to whom we have sent express to come up and joyn with us, and assist in the Government. We have made severall Minutes of Councill and published a Proclamation to confirm all officers, Civil and Military, in their respective offices and commissions, and us'd our best indeavours to support the forces at Albany. Your Honour may assure H.M. that we shall do our utmost indeavours to keep the Province in peace, and what may be most for H.M. service, and humbly hope that whosoever H.M. shall please to send to be our chief Governor may have the same honorable principles and zeal for H.M. interest and good of the inhabitants with the late Earl of Bellomont, whose [loss] we can never enough bewail. Otherwise those great designs the noble Earl so successfully hath began to unite H.M. subjects to supply the Navy of England with masts and ship's timber, pitch and tarr, and peopling the Province, with several others will entirely fall. We have not opportunity to write now fully, nor time to write to their Lordships of the Council of Trade, for that the ship is gone, and we send this by a boat after her, but humbly pray they may be acquainted with the contents hereof, etc. etc. Signed, A. D. Peyster, S. Staats, R. Walters, T. Weaver. Copy. 2¾ pp. Enclosed, |
|
212. i. Copy of Minute of Council of New York, March 5, 1700 (1701). 2½ pp. |
|
212. ii. Proclamation by the Council of New York, Fort William Henry, March 5, 1700 (1701), upon the death of Lord Bellomont, confirming all officers, civil and military, in their commissions. Signed, R. Walters, T. Weaver, A. D. Peyster, S. Staats. Copy. 1¾ pp. |
|
212. iii. Copy of Minute of Council of New York, March 6, 1700 (1701). 1 p. |
|
212. iv. Council of New York to Hendrick Hansen and Peter van Brugh. New York, March 6, 1700 (1701). The Earl of Bellomont departed this life yesterday morning. We are by our great greif and loss in that confusion that we could not send up this conveyance any moneys for the subsistence of the Companys at Albany. We design to send money very speedily and desire in the meanwhile you will take care to advance monys for their subsistence, and we have made an order of Council that the Excise of Albany and Ulster County shall be paid to you to discharge as far as it can what you advance, and that the overplus be sent in money to you, with constant supplys of mony for subsistence for the future. Signed, R. Walters, T. Weaver, A. D. Peyster, S. Staats. 1 p. |
|
212. v. Council of New York to the neighbouring Governors, announcing the death of Lord Bellomont and that the
Council had assumed administration of the Province. New York, March 5, 1700 (1701). Signed as preceding. 1 p. Copy. [C.O. 5, 1046. Nos. 5, 5.i.–v.] |
| March 6. |
213. Solicitor General to the Council of Trade and Plantations. I have perused the Act of Jamaica for intailing a parcel of land upon Edmond Edlyne and his heirs, and am of opinion, in case the suggestions in the said Act are true, it is reasonable, especially if it passed there by consent of the partyes, as I am informed it was, and am the more induced to believe because noe person doth appear to oppose its being confirmed. Signed, Jo. Hawles. Endorsed, Recd. April 11, Read Aug. 14, 1701. ¾ p. [C.O. 137, 5. No. 46; and 138, 10. p. 276.] |
March 6.
Kensington. |
214. Order of King in Council, approving preceding. Signed, John Povey. Endorsed, Recd. Read March 13, 1700/1;. ½ p. [Board of Trade. Plantations General, 5. No. 88; and 35. p. 399.] |
March 6.
Whitehall. |
215. Council of Trade and Plantations to the King. Refers to Representation of Dec. 14, 1699, and proposes that Commissions be granted to Mr. Atwood to act as Judge of the Admiralty and Mr. Broughton as Advocate General within the Colonies of the Massachusets Bay, New Hampshire, Rhode Island, Connecticut and the Jerseys, as well as in the Province of New York. Signed, Lexinton, Ph. Meadows, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 5, 1118. pp. 214, 215; and (rough draft) 5, 1079. No. 67.] |
March 6.
Kensington. |
216. Order of King in Council, approving preceding Representation and ordering the Admiralty to prepare Commissions accordingly. Signed, John Povey. Endorsed, Recd. Read March 12, 1700/1;. 1 p. [C.O. 5, 1046. No. 6; and 5, 1118. pp. 216, 217.] |
| March 6. |
217. Memorandum of preceding. ¼ p. [C.O. 5, 1260. No. 98.] |
| March 6. |
218. Memorandum of same. ¼ p. [C.O. 5, 862. No. 40.] |
6 m/1 (mar.)
Philadelphia. |
219. William Penn to the Council of Trade and Plantations. Honorable Friends, It was but last night I received yours, dated Aug. 23, 1700, and must needs be pleased that you are so at anything I have done. I never pretended to answer for my skill or abilitys, but I am a little confident of my good intentions and integrity, as I would ever be of your best constructions. I can assure you upon a nice enquiry that our improv'd condition has not been owing to Pyrats, and not a great deal, if any, to unlawful trade. For tho' some of the first might empty their pockets at our taverns or ordinarys, their reputed treasure upon a just computation is not the thousandth part of ye improvement of this Province, and with mony they brought in from first to last, you have it to make up the returns due to England upon trade,
insomuch that the whole Continent labours under the want of money to circulate trade in the respective Governments; which has put Boston herself upon thinking of tickets to supply ye want of coyn; and New York as well as this Province are following. |
|
For indirect trade, I cannot, upon my best observation, finde our people much blamable. Here has been, and, I fear still is, some few that visit Curassao under pretence of fetching money for provisions, who are watcht wt we are able; but 150 miles with never a waiter, yet perhaps Collectors enough (who inhabit towns, while ye unplanted places for want of waiters are ye Sanctuary of foul traders) is but a moderate security for trade; of which I think to be particular to the Commissioners of ye Customs. I have apointed a Committee to meet weekly of ye ablest persons in this town, for trade and estates, to consider of means of making beneficial returns, that we may, as little as possible, lessen our commerce for the growth of England, else they must endeavour, of meer necessity, a self subsistence as to the things, which as yet they want from our Mother-Country. There is nothing else offers, which the present opertunity will allow me to write, the gentleman that brought yours, late last night from Maryland, returning to-morrow early, his ship being ready to sail, before his leaveing her. The Laws goe with the first vessel that sailes from this Province. Tho' I am sensible in some measure of your station, and the nature of your Borde, yet I hope you will in your privat capacity, recommend to your acquaintance of the Houses of Parliament the reasonableness of the Registry we crave, and its plain service to trade; since its want manifestly hinders building of ships and such men to goe to sea, for whose integrity in trade we could be answerable for; as it is, either other Provinces cutt us out of the just advantage we should make by carrying our goods to market and fetching the produce of other Colonies, or we must trust very ordinary persons or quitt trade, any of them being a prejudice that those of our perswasion at home are freed from, and we, with submission, labour under in our own country. We pray not a Law, but a clause in the first that regards trade, more easily obtained than an Act on purpose. Signed, Wm. Penn. Endorsed, Recd. Read May 5, 1701. Holograph. 5 pp. [C.O. 5, 1260. No. 99; and 5, 1289. pp. 49–53.] |
March 6.
Whitehall. |
220. Council of Trade and Plantations to Mr. Secretary Hedges. In answer to your letter of Feb. 25, we send you our report. Signed, Lexinton, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abraham Hill, Matthew Prior. Annexed, |
|
220. i. Council of Trade and Plantations to the King. We humbly report upon the petition of the Agents of Barbados etc. for the applying the duty of the 4½ percent. in Barbados to the publick uses therein mentioned, that in Sept., 1663, an Act of the Assembly was passed in that Island for raising a duty of 4½ percent. upon all dead commodities exported from thence, in consideration of the acknowledgment of 40l. per head and all other duteys, rents and arrears of rents,
due to the Proprietor and for quieting of the possessions and settling the tenures of the inhabitants, and for a full confirmation of their estates and tenures and for holding their several Plantations to them and their heirs for ever, in free and common soccage, and in consideration also of the great charges necessary for maintaining the honour and dignity of his Majesty's authority there, the public meetings of the Sessions, the often attendance of the Council, the reparation of the Forts, the building of a Session House and a Prison, and all other public charges incumbent on the Government, which duty or impost was granted to King Charles II, his heirs and successors for ever; and has been from that time let to farm or managed by the Commissioners of the Customs here, under the direction of the Treasury, as it is at present. By an Act of Parliament made in the 9th and 10th years of your Majesty's reign, there was set apart for the service of your Majesty's Household and Family and other uses, several Dutys and Revenues arising in England, and the Duty of 4½ per cent. in specie arising in Barbados and the Leeward Islands. And we do further humbly offer that the inhabitants of Barbados have expressed great zeal and been at considerable expense in your Majesty's service during the late war, and that the island is in such a condition with respect to the present conjuncture as may deserve a particular regard, as well in reference to the repairs and improvement of the Fortifications, as the security of that important island by ships of war to be sent thither, as we have already humbly represented to your Majesty upon other occasions. Signed as preceding. [C.O. 29, 7. pp. 288–291.] |
| March 6. |
221. Minutes of Council of the Massachusetts Bay. Duncan Campbell appointed Sheriff for county of Suffolk and Nathaniel Warren for Plymouth county. |
|
Ships from Barbados were forbidden to come up into the harbour, upon information that small-pox is very prevalent in that island. |
|
John Hubbard paid for broken guns for ballast for H.M. ship the Province gally. [C.O. 5, 788. pp. 35, 36.] |
March 6.
Whitehall. |
222. Journal of Council of Trade and Plantations. Letter from Mr. Secretary Hedges, Feb. 25, read, and a report on the matter referred to drawn, signed and transmitted with a letter to him. |
|
Mr. Attwood and Mr. Broughton, attending as desired, delivered copies of their warrants and instructions. Being asked what authorities they had received from the Admiralty in relation to their acting, the first as Judge of the Admiralty and the other as Advocate General in the Admiralty Courts of the neighbouring
Provinces, they declared that upon their application to the Lords of the Admiralty in June, their Lordships had declined to do anything. Representation thereupon drawn and signed. |
| March 7. |
Secretary ordered to give notice to Mr. Attwood and Mr. Broughton that H.M. has been pleased to give order about their Admiralty Commissions, that they may solicite the dispatch thereof. |
|
Letter from Mr. Secretary Vernon, March 1, read. Secretary thereupon ordered to acquaint Mr. Burchet (March 2). |
|
Letter to Governor Grey signed. |
|
Draught of a letter, for H.M. signature, to Mr. Grey agreed upon, and Representation ordered to be prepared. |
|
Lord Bellomont's letter, Nov. 28, further considered. |
|
Extract ordered to be sent to Mr. Lownds, with the opinion of the Board upon Mr. Weaver's account. [Board of Trade. Journal, 13. pp. 390–395; and 98. Nos. 44, 45.] |
March 7.
Whitehall. |
223. William Popple to William Lowndes. The Council of Trade and Plantations desire you to lay the inclosed extract of Lord Bellomont's letter, Nov. 28 last, before the Lords Commissioners of the Treasury, and thereupon to acquaint their Lordships that it is the opinion of this Board that the Article in Mr. Weaver's account, which relates to his salary as Collector of the Province of New York, during the time that he stayed in England, ought not to be allowed; the rather because not only Lord Bellomont, but my Lords of this Commission did also frequently admonish him to repair thither; and an example of such an allowance would be an encouragement to neglects of that kind, not only there but in the rest of the Plantations. And whereas it appears he has taken up mony here and drawn Bills upon the presumption of having that salary allowed him for the time of his absence, their Lordships offer their opinion that the profits of his place may be suspended till the King or Lord Bellomont be thereby reimbursed. [C.O. 5, 1118. pp. 216, 217.] |
March 7.
Whitehall. |
224. Council of Trade and Plantations to Governor Grey. The letters received from you, unto which we have not yet answered, are dated Sept. 26, Oct. 29 and Nov. 12 last. In perusing the Minutes of Assembly (received with the letter of Oct. 29), we find some proceedings upon the orders that had been sent you relating to Sta. Lucia, but not a word of that matter in your letters. That sort of correspondence is very different from what we have with the Governors of all H.M. other Plantations, who not only send us the copys of their Journals and other such publick papers, but add their own sense and opinion upon all transactions of moment in their respective Governments. We therefore desire you to observe the same, and not to satisfy yourself by referring us in such short letters as many of your's have been, to the Minutes of Council in matters which require your own more particular care. By this neglect of writing, and your delay even to send the foresaid Journal, it has happen'd that the Marquis D'Amblemont, having without delay transmitted to the Court of France a copy of your letter to him about that matter, the French
Ambassador did complain of it, and that letter, with his memorial upon it was referred to our consideration some time before we received any advice from you, which is an inconvenience that might have been prevented by a more punctual correspondence. |
|
As to your design of putting Colonel Maxwell into the Council of Barbadoes, in place of Mr. Walter, we expect that what we have already writ to you against your supplying vacancies in Council, when the number of Councellors is not less than seven, will have changed your conduct in those matters; so that we may not be obliged to represent the irregularities thereof to H.M., which otherwise we cannot avoid. The proposal that you mention for building a mold deserves to be encouraged, and we shall be glad to hear of the success thereof. |
|
As for Councellors, the Lords of the Treasury, upon a presentment of the Commissioners of the Customs, appointed Mr. Samuel Cox to be one of the Commissioners of the Duty of 4½ per cent. in Barbadoes; their Lordships did also thereupon move H.M. that the said Mr. Cox might be sworn and admitted in the Council there, which has accordingly been ordered: And we have only to say thereupon that you will doe well to send us frequently (at least upon every alteration or that you think fit to propose) new lists of the Councellours residing there, and of persons fit to supply vacancies, with the particular characters of each, that we may have always a compleat list of that kinde before us. We have lately had under our consideration some Acts of the General Assembly of Barbadoes and amongst the rest an Act for the better securing the liberty of H.M. subjects there and preventing long imprisonments, but have not yet made any report. However, upon this occasion, we think fit to caution you that you be very circumspect in passing Acts of that nature, and that you let no consideration influence you to pass any that may not be for H.M. service and the interest of England, wherein upon reflection you will find that you are guided by your Instructions. Refer to commissions for trying pirates. H.M. having directed us to require from the Governors of each Plantation a perfect account of the state of defence of their respective Governments, you are to transmit the same to us in the most particular manner with all expedition; reporting what you conceive to be further wanting or fit to be done for the security of the Island, and to transmit the like account to us regularly from year to year. Directions for sending public, as well as private Acts under separate seals, and in such a form that they may be bound up in volumes; also for entering a memorandum in the Council Books relating to the passing of Acts by the President and Council when the Government devolves upon them (Cf. Nos. 146, etc., and Cal. 1700, p. 643, etc.) Signed, Stamford, Lexinton, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. [C.O. 29, 7. pp. 292–297.] |
March 7.
Portsmouth. |
225. Minutes of Council in Assembly of New Hampshire. Petition of John Partridge, for an increase in the fare of passengers on his ferry, read, approved and sent down to the Representatives. |
|
Selectmen of Dover appeared upon the petition of Gabriell Hammilton and, requesting more time, were referred to next General Assembly. |
|
Sir Henry Ashurst's letter, April 24, 1700, read and sent down. |
| March 8. |
Report of the Committee of Laws read and sent down. |
|
A vote sent up by the Representatives for raising 300l. for paying the Province debts, due May 17, was read three times and a Bill ordered to be drawn accordingly. |
|
The ferry-charges of John Partridge were fixed in accordance with a report of the Representatives. |
|
The Representatives voted 50l. for Sir Henry Ashurst for his service as Agent. |
|
Petition of Jonathan Wadleigh and Nicholas Gordan read; ordered that the Constables and Selectmen, who served in 1697, appear next session and bring the original rate in question. |
|
60l. paid to Charles Story for his service as Secretary. |
|
Treasurer's account passed and paid. |
|
Revenue Bill was read three times, passed and consented to by H.E. |
|
The Lieut.-Governor adjourned the Assembly till April 29. [C.O. 5, 789. pp. 1–7.] |
March 8.
New York. |
226. Col. Bayard to Sir Philip Meadows. Announces Lord Bellomont's death. The breaches and divisions within this Province are still continuing very hott, since it has been the Earl's pleasure to use no steps to quench the same. For till the day of his death most of the meanest and those of Dutch extractions have been put in all the offices and places of trust and power, by which meanes most of the principall and peaceable inhabitants, and especially those of the English Nation have beene opprest. I dare not trouble your Honour with the particulars, for it would require a vollum, yett cannot but remind you of the fears I had [two years past], because a packt Assembly had been forced upon the Province by all the unfair contrivances imaginable, nothing could be expected from them but trouble, vexation and ruin for those that were markt out by them for destruction; and that severall extravagant Acts would be past to raise vast summs of money to pay the debts of Leisler's usurpation and disorders. Where-upon your Honour was favourably pleased to give me that comfort and hopes, tho' any such Acts were past, they should not soo easily meet with the Royal Assent. But soo it is, that since that time a most false and most malicious Remonstrance has been framed and presented by them to the late Earl, in which they prayed amongst other strange matters for an allowance of 2,700l. to the family of Leisler, etc., tho' not a farthing was due to him. He being a brooken marchant, when he began the disorders, and now his family is crept into a very considerable estate. Yet by the intercession at home that has been made thereupon, those false-hoods have met with such success that now at the verry instant of the Earl's decease, a Committee of that Assembly was sitting, who call'd in by Proclamation all those meane people that had served in said disorders, to bring their claimes and losses
in, which is done at extravagant rates (as to an old gun and sword, seized of them by Governor Slaughter in their very act of rebellion against H.M. Comission after publication within this Province, passes in vallue the summe of 40l., etc.), in order to pass an Act at the next Session of Assembly to pay the same; and on the contrary those that have been rob'd, plundered and most barbarously opprest by them, because they have been instrumentall in supporting H.M. Government against those disorders, and had advanced their estates and hazarded their lives in the late warr against the French, must not only sitt doune by their losses, but be scandelized with vile and false names of being Jacobites, etc. I must therefore pray your Honour's goodness to afford your favourable assistance and advice, as occasion shall offer, in opposing of those their extravagancies, if so be they presume to pursue the same, and particularly that the vacancy in the Government may be supplyed by a worthy person of honour, probaty and justice, by whose sedate and peaceable temper and disposition our breaches and divisions may be healed. I further make bold to inclose a list of the present Council, and of some names of the principal Free-holders and inhabitants, who in my humble opinion and with due submission may prove to be most fitting to serve in that trust. Signed, N. Bayard. Endorsed, Communicated to ye Board by Sir Ph. Meadows. Recd. Read June 5, 1701. Addressed. 1¾ pp. Enclosed, |
|
226. i. List of the present Council; Col. Wm. Smith, Col. Peter Schuyler. These have been of the Council many years past; all the rest were suspended at the Earl's first coming. Col. Smith, being Chief Judge, was also suspended of that office about three weeks before the Earl's death, and Col. D'Peyster, a merchant, commissioned in his room. Col. Smith, Col. Schuyler and Mr. Livingston, being no Leislerians, were likewise to be suspended from the Councill that night the Earl dyed, but obstructed by his sudden departure. Col. A. D'Peyster was one of Leisler's Capts., Sam. Staats, one of Leisler's Council, Robert Waters, Leisler's son-in-law, Robert Livingstone, Tho. Weaver. These were appointed Counsellors by the Earl. |
|
Names of some principall Free-holders and inhabitants fit to supply vacancies;—These following reside in New York. Capt. Tho. Wenham, merchant, James Emot, gent., Capt. Tho. Codrinton, gent., Mathew Clarkson, Secretary of ye Province, Col. Charles Lodwick, marcht. is like to depart, Adolfe Philips, marcht., Richard Willet, marcht., Capt. Jacobus Cortlant, marcht., Capt. Jno. Morris, marcht., Capt. Jno. Kip, marcht., Robert Lurting, marcht., Capt. Brant Schuyler, marcht., Mathew Ling, marcht., Jno. Barbarr, marcht., Capt. W. Morris, marcht., Stephen D'Lancy, marcht., Tho. Burrows marcht., Jno. Shallwell, marcht. The following reside in Westchester County, Col. Caleb Heathcote; in Suffolk county, Major Matthew Howell ; in King's
County, Josep(h) Hegman; in Albany County, Jno. Abell, marcht.; Capt. Kilian Renselaer; in Queen's County, Capt. Dan Whitehead; in Ulster County, Col. Henry Beekman. 1 p. [C.O. 5, 1046. Nos. 7, 7.i.; and 5, 1118. pp. 287–291.] |
March 8.
Admiralty
Office. |
227. Mr. Burchett to Mr. Popple. I have communicated to my Lords of the Admiralty your letter of yesterday's date (March 2) and my Lords have given orders to the Commissioners for Victalling to provide and send to Newfoundland 12 months' provisions for the Captain and forty men. And their Lordships intending them to be carryed in the Assistance, now in ye Downs, and ordered provisions on board her for their passage, I desire you will lett mee know where they are to embarque and by what time you judge they may be ready. Signed, J. Burchett. Endorsed, Recd. 8, Read March 11, 1700/1;. 1 p. [C.O. 194, 2. No. 28; and 195, 2. p. 414.] |
March 9.
At Mr. Auditor
Byrd's. |
228. Minutes of Council of Virginia. Briefs issued for the relief of the French Refugees, Dec. 23 last, ordered to be returned to the Hon. Wm. Byrd and Benj. Harrison, who are to distribute the subscriptions for their benefit. |
|
Several French Protestant Refugees having recently arrived in York River in ye Nassau, concerning whom H.E. hath received no particular intelligence or commands from H.M., and they making no application to ye Government on their own behalf, H.E. and Council commiserating their poor and low condition and willing, as much as in them lies, to find meanes for their present support, order that soe many of them as are willing to go and inhabit at ye Manakin Town, shall receive relief from the contributions made for the support of the inhabitants thereof, and that such as are not willing to go thither be licensed to disperse themselves among the inhabitants of this country to provide for their necessary support until further order shall be therein taken. Copy of the last brief ordered to be sent and published amongst them. |
|
H.M. letter of Dec. 30, 1700, and Mr. Popple's letter, August 21, read. |
|
Copies of the latter ordered to be sent to the Naval Officers and Collectors. |
|
Letter from the Council of Trade, Dec. 4, read. The matters referred to were already under the consideration of the House of Burgesses. |
|
Ordered that Mr. Secretary draw a scheme of all officers, military and civil, in distinct columns. |
|
Letter from the Council of Trade, Dec. 3, 1700, concerning the securing of English Merchant ships, read. Copies of the letter, together with copies of the agreement in the Algiers, ordered to be sent by way of Proclamation into each county. |
|
Capt. Passenger's letter, Dec. 30, and H.E. reply, Dec. 31, were read. Ordered that a Proclamation be prepared to reinforce a former proclamation for putting the penal laws in execution. |
|
H.E. laid before the Council a letter from Capt. Passenger, March 5, 1700, wherein he intimates that the sloop attending
on H.M.S. Shoreham returned the 4th inst. from York River, and prayed H.E. further orders concerning her and also concerning some goods left in custody of William Reglanse, a taylor in Elizabeth City County, by Mr. Mainwaring, late of the said ship, Reglanse, since Mr. Mainwaring's death, having refused to deliver them. Whereupon His Excellency and Council, being very well assured of Capt. Passenger's care for the advancing of H.M. interest, were of opinion that, if there be no other occasion, the sloop be sent to the Naval Officers on the Eastern shore, to attend H.M. service. Letter to Col. Wm. Wilson ordered, desiring him to issue out a warrant to call Reglanse to deliver Mr. Mainwaring's goods unto Capt. Passenger. |
|
Mr. Secretary ordered to draw an abstract of the Judicial proceedings in the several Courts and manner of appeals, in answer to the Lords Justices' Order, July 18, 1700. |
|
This Board taking into their serious consideration the safety and security of all ships lawfully tradeing to His Majesty's Plantations on this Continent, and as much as in them lies to prevent, detect and discover all pyrates and sea rovers, which may infest these coasts, His Excellency, with the advice of His Majesty's Council, hereby required all Commanders in Chief of the Militia in the counties of Elizabeth City, Norfolk, Princess Ann, Accomack and Northampton, that according to a former Order of May 9, 1700, they provide look-outs upon the coasts (beats of these coast-guards detailed), who upon suspicion of a pirate are immediately to give notice to the next Commission Officer of the Militia, who is forthwith to intimate the same to the Commander in Chief of the Militia in that county, who is hereby directed to take such care and give such orders as shall be necessary for the defence of his county, for pursueing and apprehending any such suspicious persons as shall come on shore, as is prescribed by the Act restraining and punishing pirates etc., and also to give immediate notice to the Commanders in Cheife of the Militia in the other counties lying on the sea-coasts. Every Commander in Chief, upon intimacion given as aforesaid, is forthwith to dispatch an express to His Excellency with a particular account thereof and of what orders he hath given therein, and, if possible, to give intimation of ye same unto Capt. Passenger. |
|
His Excellency and Council haveing not received any orders out of England concerning ye money paid for ye purchase of certaine lands formerly belonging unto Nath. Bacon, junr., and by his attainder of high treson vested in His Majesty, and whereas they find that the contingent charges of ye Government is more this year than ordinary, and ye General Assembly not proceeding upon any settlement for ye same, they think it most proper for His Majesty's service yt it be added to ye two shillings per hhd. towards the defraying the aforesaid contingent charges of ye Government. The settling of the accounts relateing to the Pirates, revisall of the Laws and other matters being given to Mr. Treasurer, and he not being here, it is thought proper to be referred. Consideration of appointing an Attorney General referred to a fuller Council. |
| March 10. |
Lucy Doran, widdow, by petition setting forth that a servant boy belonging to her, by the turning over of a Ferry boate was unfortunately killed and the above boat by Mr. John Gaddice, one of His Majesty's Coroners for James City County, seized as deodand to His Majesty's use, and praying releasement thereof, His Excellency and Council, regarding her as an object of charity, granted her petition. |
|
Upon petition of New Kent Court setting forth that, by reason of the paucity of Justices of Peace for that county, the usual course of Justice is in great measure impeded, ordered that John King, George Poindexter, Robert Jarret and John Chiles, gent., be added to the aforesaid Commission. |
|
Consideration of the purchase of lands conveniently adjoining to the Governor's house referred to a fuller Council at Williams Burgh. |
|
Lieut. Col. Wm. Randolph and Capt. Giles Webb were recommended from time to time to report to His Excellency on the condition of the French Refugees at Manakin Town, and always to exhort ye aforesaid French Refugees to live in unity, peace and concord. |
|
Ordered that the Marquis De la Muce, M. de Sallee and M. de Joux do render unto His Excellency and Council a true and perfect state of ye affair of ye French Refugees. [C.O. 5, 1409. pp. 67–75.] |
| March 10. |
229. Mr. Eyles to Mr. Popple. I have forwarded your packets to the Governor of Barbados. Signed, Fran. Eyles. Endorsed, Recd. March 10, 1700/1;. Addressed, and stamped with penny post mark. 1 p. [C.O. 28, 4. No. 85.] |
March 10.
New York. |
230. Council of New York to the Council of Trade and Plantations. Repeats part of substance of letter, March 6, announcing Lord Bellomont's death. The greatest difficulty this Province now is under are the forces in pay, for whom there is no subsistance but what wee are forced to advance weekly by private creditt, and on the omission of one week they would all disperse and desert the garrisons. There is an absolute necessity that, notwithstanding the Earl's death, the Assembly should meet according to their adjournment, in a month's time, and act in this particular, or the Province be in great danger to be lost to the French, if a warr should suddenly break out. Wee therefore humbly pray your favour with the Lords of the Treasury so to recommend Mr. Champante, the late Earl's Attorney for the pay of the forces here, that he may be continued in that imploy, etc. We shall indeavour with the assistance of the Assembly to find creditt to support and keep the forces together till Mr. Champante receive orders from the Treasury. |
|
We have information that His Majesty hath been pleased to appoint a Cheif Judge and Attorney General for this Province with large salarys. Wee do therefore humbly offer to your Lordships that during the whole war this Colony hath been the
frontier against the enemy and at much more charge than any other English Colony, and the constant charge of the Government doth far exceed the revenue, so that it is alwayes behindhand, and is at present in debt some thousands of pounds, and should their salarys be paid out of the revenue here, they alone would swallow up near a fourth part of it, so that although the King's Revenue and the public affairs are very much injured for want of their assistance, yet we must humbly request your Lordships' favour so to represent the matter to His Majesty and the Treasury, that their salarys be paid out of the Treasury in England, untill the Revenue of this Province is in better capacity to support them. Wee have not yet had time to inspect Lord Bellomont's papers, and therefore can give no particular answer to what letters or orders your Lordships may have sent him, but when we are appris'd of them, wee shall give them all due observance, as wee shall pursue what other instructions your Lordships shall please to send us during the Lieut. Governor's absence, which wee hope will not be above two months. Yesterday wee received duplicates of your letters of Sept. 19 and are assured Lord Bellomont hath given you an answer above a month since. List of Enclosures "by way of Boston, because no ship is suddenly bound hence for England." Signed, A. D. Peyster, S. Staats, R. Walters, T. Weaver. Endorsed, Recd. 19, Read 25 June, 1701. Addressed. 3 pp. Enclosed, |
|
230. i. Abstract of preceding. 1¼ pp. |
|
230. ii.–vi. Duplicates of Nos. 212, i.–v. Endorsed, Recd. June 19, 1701. [C.O. 5, 1046. Nos. 8, 8.i.–vi.; and (without enclosures) 5, 1118. pp. 296–300.] |
March 10.
Admiralty
Office. |
231. J. Burchett to Mr. Popple. It being the command of the Honorable House of Commons that I doe forthwith from my Lords of ye Admiralty lay before the House the letter from the Earl of Bellomont to yourself, as also the other from the Secretary of the Council of New England, which were some time since opened at this office, marked by me, and then returned to you, I desire you will doe me the favour to transmit the said papers to me as soon as 'tis possible. And not knowing where to send to Mr. Lock, I must entreat you to procure the letter that was delivered to you for him. Signed, J. Burchett. P.S.—I desire you to send mee alsoe at ye same time the Minutes of New Yorke and the list of ships entred outward and inward, June 25—Dec. 24, which accompanied Lord Bellomont's letter. Endorsed, Recd. 10. Read March 11, 1700/1;. 1 p. [C. O. 5, 862. No. 41; and 5, 909. pp. 385, 386.] |
