America and West Indies: February 1721

Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721. Originally published by His Majesty's Stationery Office, London, 1933.

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'America and West Indies: February 1721', in Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721, ed. Cecil Headlam( London, 1933), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol32/pp250-259 [accessed 29 November 2024].

'America and West Indies: February 1721', in Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721. Edited by Cecil Headlam( London, 1933), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol32/pp250-259.

"America and West Indies: February 1721". Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721. Ed. Cecil Headlam(London, 1933), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol32/pp250-259.

February 1721

Feb. 1.
Whitehall.
370. Council of Trade and Plantations to Mr. Secretary Craggs. Enclose draught of Commission for Governor Lord Irwin, in the same terms as that afterwards prepared for Lord Belhaven (Tobago excepted) and Mr. Worsley v. Dec. 21. [C.O. 29, 14. pp. 90, 91.]
Feb. 2.
Golden Square.
371. Bishop of Salisbury to Mr. Popple. Desires to be heard on behalf of his kinsman, Francis Yonge, Surveyor General of Carolina and Bahama Islands, in case any person shall endeavour to get into his employments etc. Signed, W. Sarum. Endorsed, Recd., Read 3rd Feb., 1720/1. Addressed. 1 p. [C.O. 5, 358. ff. 76, 77v., 78v.]
Feb. 2.
Charles Town, So. Carolina.
372. John Lloyd to Mr. Secretary Craggs. Complains of the behaviour of Capt. Hildesley, H.M.S. Flamborough. Upon his arrival, he behaved civilly to James Moore, Governor Elect, etc., but afterwards "entred into such measures, as to revile ye Governmt. and rail publickly against ye measures that had been taken, and to encourage Governor Johnson to resume his Governmt., offering him his assistance. This and a quarrel between him and Col. Rhett occasioned some representation to be made from hence to the Lords of the Admiralty before my return. Upon my landing a month agoe, I waited upon Capt. Hildesley, who received me with a great deal of civility, and we both appointed to meet over a bottle at night, when our conversation turned upon the affairs of this Colony, certain advices being then come of Mr. Nicholson's being appointed" etc., where he telling me what he could have done or might still doe to restore Mr. Johnson, I replyed that Mr. Johnson till some time after his arrivall, had acted very wisely, in not attempting to make any division or disturbance among ye people but patiently waiting ye answer from England etc., and that the King would not approve of anybody, that should disturb the peace of his subjects etc. We parted very friendly yet we never conversed together, but Governor Johnson and he dining together last Saturday was fortnight, the Flamboro' fired 15 guns and it was given out it was for news being come that a stop was put to Governor Nicholson, this with some other declarations made by that Company that very day, to amuse and devide people, made it necessary for ye Governmt. to issue out a Proclamation and to annex to it ye decretall order of ye Regency and ye London Gazet, wherein Mr. Nicholsons being appointed Governor and sworne before ye Regency was published. On fryday last he order'd his Lieut. Mr. Haycock on board ye Samuel, John Jones Master, bound and clear'd for London and to take his cheife mate on board ye Flamborough where he received 24 severe lashes on his bare back, and was afterwards put on shoar where shewing how he had been used, there gather'd together a great number of sailors belonging to ships in harbour, and I happening to goe by at that instant, got them dispersed immediately. The same day the mate gave an information upon oath, how he had been served by ye Lieut.'s order, and demanded a warrant against him, which was granted, but ye Justices first writ to him to acquaint him of ye information that was made, and that ye warrant would be served upon him if he did not goe before a magistrate and enter his recognizance, which he answering with an unmannerly letter, the warrant was served upon him on shoar, and he is now in the Martial's custody having refused to enter into a recognizance. The same day Capt. Hildesley made a signall for ye mars. of ships to come on board, where a very few went, to whome he rayl'd against ye countrey saying there was neither Governmt. nor Justice in it, and abundance of stuff to this purpose. On Sunday last he made a Speech on ye Bay here, to the Mars. of shipps, saying that he was Govnr. and that he would whip any mar. of a ship that used his men ill, by which he exposed himself so much that one of them asked him why he did not discharge his Lieut. out of his custody, if he was Governr., and then ye rest laugh'd much. Just after this I met him upon ye Bay, where among other things he told me he would take it as a piece of friendship if I used my interest to get his Lieut. discharg'd. I answered that could not be done, without his making it up with the mate or entring into a recognizance. I told him I would speake to the owner to make it up with the mate, which he offered to do upon a small concession from the Lieutenant, which however the Captain did not think fit he should make etc. These proceedings of a Captain of a King's shipp, in a Govermt. so unestablished as this is at present, might have had a mischevious consequence, were not the people almost unanimous; they have however occasion'd more disturbances and commotions than anything that has happen'd from ye beginning of ye Revolution etc. We expect General Nicholson here dayly, where he is very much long'd for, and it is impossible to express the due sence the inhabitants have of ye King's goodness, in taking them under his protection etc. P.S.—Governor Rogers of Providence was here for about six weekes and fought a duel with Capt. Hildesley upon some disputes they had at Providence, they were both slightly wounded. The former is returned to his Government. Signed, John Lloyd. 4 pp. [C.O. 5, 387. No. 20.]
Feb. 4.
St. James's.
373. H.M. Warrant appointing Anthony Corbiere Naval Officer in Jamaica, and revoking the patent of Thomas Betts. Countersigned, J. Craggs. Copy. [C.O. 324, 34. pp. 36, 37.]
Feb. 4.
Barbados.
374. Samuel Cox to the Council of Trade and Plantations. Encloses duplicates of dispatch by way of Bristol. Continues:—Mr. Frere's Speech att his first sitting in Council June 30th, 1720, now transmitted, (though I can not gett the same under the Seal) hath been kept as a secrett from me, and though I sent the Minutes of that Council with my former Address both to your Lordships and Mr. Secretary Craggs, in those of the fifth of August, yet it will be found that there is no mention made of it therein,—which shews first, how I am served by the Secry. here. and what just ground I had to complain, for want of the Minutes and other proceedings. Then (with humble submission) I think it shew's very plainly, a settled resolution taken to keep this poor Island in slavery, the suspended Members do appear all very heartily to have therein joined, by the approbation they give thereof in returning thanks for the same. I think I need not further trouble your Lordships on that head, who have seen that modell of government so fully exposed, only submitt it for your Lordships to make such use thereof to his most sacred Majesty, as shall be meet etc. I have lately received intelligence upon oath from severalls, and an express from the Generall of the French Islands, giving an account of a pyrate in that neighbourhood, who is become very formidable by the addition of severall vessells and great numbers of men, exercising thereabouts the vilest cruelties on the subjects of all Nations, and very earnestly solliciting me "to send what force I can to join with such as he can raise," in order to exterminate that race of robbers. Common humanity would determine what should be done in such an exigence, but we had this consideration to add, that we may soon expect him to windward of this Island, which might be attended with fatall consequences. And the Seahorse frigate, commanded by Capt. Thomas Durell, happening to be here, in order to convoy the New England vessells to Tortuga for salt, and the Rose and Sharke, having been gone from hence but a few dayes, I immediately called a Council, we advised with Mr. Durell, of whose zeal for such a necessary service, I hold myself obliged to give the most ample account to your Lordships and Mr. Secretary Craggs, but he proposed my assistance of some more force, as well as of men and arms. All which the Members of the Council unanimously agreed to. But (alas) we found ourselves altogether unable to propose any means of doing it. Our Treasury empty, our funds all anticipated, the Island itself impoverished, by Mr. Lowther's rapines and exactions, so that I could not propose the raising any further force, especially considering that they who armed some vessells last year, on the like account, were frustrated of the rewards and encouragements promised, by which the publick faith is entirely forfeited. Yet, that we might do something, the Gentlemen now in the Councill have generously advised, and we have engaged our own creditt, for the victualling, paying, and other expences for some supernumerary men, whom I provided with arms from our own magazine, and issued out press warrants for making up such a complement as he required, and have dispatched the said frigate, and sent to Mr. Whittney also to rendesvouz att Fort Royall, to join such forces as Mr. De Feuquieres can raise of his most Christian Majesty's for that intent. I most humbly apply to your Lordships, and beg your Lordships good offices for proper orders, that the victualling, paying, and other charges of this Expedition, may be defrayed by his Majesty; it being entirely for H.M. service, and so much tending to the publick good, etc. Signed, Saml. Cox. Endorsed, Recd., Read 30th March, 1721. 2¾ pp. [C.O. 28, 17. ff. 69–70v.]
Feb. 5.
Whitehall.
375. Mr. Popple to Mr. West. Encloses for his opinion in point of law Act of Bermuda to supply the deficiency of several funds, etc. [C.O. 38, 7. p. 459.]
Feb. 7. 376. Petition of Capt. Pechell to the Council of Trade and Plantations. Being informed that the South Sea Company has petitioned H.M. for the French lands in St. Kitts, petitioner, on behalf of Capt. Andrew Thannet of St. Christophers, planter, repeats application for confirmation of a grant of lands (v. C.S.P. 20th Dec. 1716.) Endorsed, Recd. 7th Feb., 1720/1 Read 14th Sept., 1724. 1 p. [C.O. 152, 14. ff. 296, 297 v.]
Feb. 7.
Arlington Street.
377. Governor Lord Irwin to Mr. Popple. I've this morning a litle return of my distemper etc. Pray acquaint their Lordps. that in my Commission the Island of Tobago is not mention'd, tho' perticularly so in ye 106 instruction; several gentlemen of ye Island of Barbados has desired me to speak of it etc. Signed, Irwin. Endorsed, Recd. Read 7th Feb., 1720/1. Holograph. 1 p. [C.O. 28, 17. ff. 7, 8v.]
Feb. 10.
Whitehall.
378. Council of Trade and Plantations to the King. Recommend dismissal of Peter Schuyler and Adolphus Philips from the Council of New York, and appointment of Cadwalader Colden and James Alexander in their stead, as proposed by Governor Burnet. 1¾ pp. [C.O. 5, 1079. No. 122; and 5, 1124. pp. 251, 252.]
Feb. 10.
St. James's.
379. Order of King in Council. Approving preceding, and ordering accordingly. Signed, Robert Hales. Endorsed, Recd. 2nd., Read 8th June, 1721. 1 p. [C.O. 5, 1052. ff. 157, 158v.]
Feb. 14.
St. James's.
380. The King to Governor Sir N. Lawes. Whereas you having represented unto us in Council that some persons of Our Island of Jamaica, are inclined to interprett Our last letter of 15th Jan., 1719/20 for paying £2706 6s. 3d. and £938 17s. 6d. to Lord A. Hamilton, late Governor, and others out of the first and readiest of Our Revenues there, to be a suspension or revocation of our Instructions to you, for taking your salary as Our Governour, as if all demands were to be postponed till the said money shd. be paid; and therefore praying that you may receive your salary as usual; And whereas Lord A. Hamilton hath also represented unto us in Council, that the first of the summs above-mentioned was expended by him when Our Governour of Jamaica, and by the Council there, for the support of the soldiers of that Island, at a time when the Assembly was not sitting, and when the Act for subsisting them was expiring; without which supply they must inevitably have starved, and the said Island been without defence; and that the other sum is due to him for the like service, and for his salary etc. Refers to previous Orders on the subject and that of Jan. 15, 1720. Continues: And the Lords of the Committee of Our Privy Council for hearing appeals etc. from the Plantations etc. having him as well as your Agent thereupon, have reported their opinion, that the debt due to Lord A. Hamilton, being prior to all others, ought to be discharged before any other demands, and without further delay, and that Our aforementioned letter for paying the same, out of the first and readiest of Our Revenues of Jamaica should be confirmed, and that We should please to signifie Our pleasure to you, that you do in the strongest terms, recommend to the Assembly the making good the deficiencies that may be occasioned by the payment of the debts aforementioned, as having been contracted for their own security, etc., orders accordingly. Countersigned, Townshend. [C.O. 324, 34. pp. 38–41.]
Feb. 14.
Whitehall.
381. Lord Townshend to the Council of Trade and Plantations. Encloses following for their report. Signed, Townshend. Endorsed, Recd. 14th, Read 15th Feb. 1720/1. ¾ p. Enclosed,
381. i. Petition of some proprietors of Barbados to the King. The omission of Tobago from the Governors Letters Patents may give pretence to foreign powers to lay claim thereto etc. (v. 7th Feb.). Signed, Robert Davers, J. Walters, Wm. Walker, Timothy Salter, Abel Alleyne. 1½ pp. [C.O. 28, 17. ff. 9, 10, 10v., 12v.]
Feb. 15.
Whitehall.
382. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Midsummer to Christmas, 1720. There was then three months salary due to the Secretary and other officers, and three quarters due to this Commission etc. Accounts annexed. [C.O. 389, 37. pp. 203–205.]
Feb. 15.
Whitehall.
383. Council of Trade and Plantations to Lord Townshend. Reply to Feb. 14th. We do not find Tobago was ever inserted by name, in any Commn. to a Governor of Barbados. King Charles II in 1664 made a grant of that Island to the Duke of Courland, upon certain conditions, which the said Duke not having perform'd, it was declar'd in Council in 1686, that he had forfeited all right and title to the said grant. The Commns. issued since yt. time having been drawn according to former precedents, Tobago has not been inserted by name notwithstanding the aforesaid Declaration in Council, but has been understood to be included in ye general words of ye Commission, and was inserted by name in ye Instruction; however as H.M. right and title to the said Island is unquestionable, we have no objection why Tobago should not be inserted by name, in my Lord Irwin's Commissn, as desir'd by the Petrs. [C.O. 29, 14. pp. 92, 93.]
Feb. 16. 384. Address of Assembly of Barbados to the King. Cf. March 25. Your Majesty's fatherly love of all your people, your great goodness to hear, and readiness to redress their grievances, embolden us to approach your Royal Throne, humbly to represent the present state of this your Majesty's (once flourishing) Collony, under the administration of the Honble. Saml. Cox Esq. etc. That Gentleman, at the time of the devolution of the Government upon him, found the offices civil and military, filled with persons of fair fortunes, and characters, and distinguish't by their attachment to your Majesty's interest, and the people of the Island in general well satisfied, and united more than ever, and matters might well have continued in that happy situation, had it pleased the President. But the peace and tranquillity of the Island is broken etc., by the conduct of the said President, who hath already suspended seven members of H.M. Council, turned out seven of the eight Colonels of the Regiments, the Masters in Chancery, and all the Judges of the Courts of Common Pleas, c[h]anged the Commission of the Peace, and threatens daily to dissolve the Assembly. We cannot express the discontents occasioned by those changes, which tend apparently to revive and support an expiring faction among us, who are known enemies to the peace of their countrey, and have been always suspected of disaffection to your Majesty, and your Royal House. We beg leave to further to represent to your Majesty that an illegal trade, between this and the French islands, is now openly carried on, French goods are daily in great quantitys imported here, from Martinique, and our money, and even the provissions necessary for our support, are sent thither in return, to the enriching a few self-interested men, and impoverishing of the rest of the inhabitants, and by means of this fatal trade, the French not only grow acquainted with our landing places, bays and harbours, but visit and learn the condition of our lines, forts, and batterys. These mischiefs, we cannot hope to have redrest by the Legislature here, nor have we an oppertunity as an Assembly, to lay our just complaints before your Majesty, since it hath pleased the President, ever since his coming to the Presidentship, to command the Assembly to adjourn from time to time, without presuming to go on any business; We therefore humbly cast ourselves at your Majesty's feet, beseeching your Majesty to consider the premisses, and to make such an order therein as your Majesty in your great wisdom shall see fitting etc. Signed, Edmund Sutton, Speaker, and 19 others. Copy. 3 pp. [C.O. 28, 44. ff. 1–2v.]
Feb. 16. 385. Petition of Col. Vetch to the Council of Trade and Plantations. On behalf of his father-in-law, Robert Livingston, senr., prays that his son, Philip Livingston, may have a Commission to succeed him in his places as Secretary to the Indian Affairs, Town Clerk, Clerk of the Peace and Common Pleas in Albany, which he desires to resign by reason of old age. Whilst he has been Speaker of the Assembly, the said places have been wholly executed by his son etc. Signed, Sam. Vetch. Endorsed, Recd. 12th May, Read 8th June, 1721. 1 p. [C.O. 5, 1052. ff. 161, 162v.]
Feb. 17.
South Carolina.
386. Governor Nicholson to Lord Townshend. The Assembly mett the 25th of the last month and it is proposed they will break up next Satterday there being several things of moment before them. The Committee of Correspondence by order of the Assembly now write to John Lloyd Esq. our Agent and send him several papers etc. and he is to wait upon your Lordps. concerning them and give your Lordps. an accot. why Francis Yonge, Esq. could not come by this opportunity but I hope in God he will depart hence in about three weeks by him will be transmitted a full accot. of all our affairs, of which he will fully inform your Lordp. etc. Signed, Fr. Nicholson. 1 p. [C.O. 5, 387. No. 21.]
Feb. 18.
St. James's.
387. H.M. Warrant for admitting Cadwalader Colden and James Alexander to the Council of New York and discharging Peter Schuyler and Adolphus Philips. Countersigned, Townshend. Endorsed, Recd. 25th Feb., Read 8th March, 1720/1. 1½ pp. [C.O. 5, 1052. ff. 153, 154v.; and 324, 34. pp. 41, 42.]
Feb. 20.
Admiralty Office.
388. Mr. Burchett to Mr. Popple. H.M.S. the Winchester, commanded by Captain James Stuart, and a frigate of 30 guns being design'd convoy to Newfoundland this year, and Captain Stuart being the Commadore, asks for such Instructions and Heads of Enquiry, as the Council of Trade may think necessary etc. Signed, J. Burchett. Endorsed, Recd. 21st, Read 24th Feb., 1720/1. Addressed. ¾ p. [C.O. 194, 7. ff. 19, 20v.]
Feb. 24.
Whitehall.
389. Lord Townshend to the Council of Trade and Plantations. Encloses following. Concludes:—I must desire your Lordps. will give me the state of that matter, and furnish me with proper arguments to be used in a representation to the French Court against such encroachments. Signed, Townshend. Endorsed, Recd. 27th Feb., Read March 1st, 1720/21. 1 p. Enclosed,
389. i. Extract of letter from Capt. Purvis, H.M.S. Dursley galley, to Mr. Burchett. 23rd Feb., 1721. The master of the Canseux ship that I spoke with at Lisbon, gave me an account, that the French are now settling on an Island on the coast of Nova Scotia called St. Jean, which will be a very great prejudice to the English fishery etc. ¾ p. [C.O. 217, 3. Nos. 20, 20. i.]
Feb. 25. 390. Governor Rogers to the Council of Trade and Plantations. Not having been honoured with any of your Lordships commands, I write this only to accompany the Minutes of the Council's proceedings commencing where the last I had the honour to send you left off, vizt., 8th Feb. 1717 etc. It will be a great satisfaction to me that they may meet wth. your Lordship's approbations, which has been my earnest endeavours; tho' I must informe yr. Lordships that it is impossible I can subsist here any longer on the foot I have been left ever since my arrivall. I have perpetually transmitted advices of the difficultys I laboured under, being first left in the utmost distress by H.M. ships after just seeing me landed, wth. a few sick men, to encounter near 500 of the pirates, and ever since have not been able (notwithstanding the many letters I have writt) to prevaile on any of them to come near me, except the Flamboro'. Nor have I had any recruits worth mentioning, either of men or cloths, since I first raised and cloathed the Company, three years agoe, so that I have been forced to buy clothing at very extravagant rates here in America as well as provisions, not only for the garrison, but four times that number of the inhabitants and saylors, on many occasions, but especially for about three months that the embargo was laid on ye shipping, wee expecting to be attackt by the Spaniards every day, to procure these things I have been at great expences, in freighting, fitting out, and maning severall vessells, as well for fetching them, as for following and suppressing the pirates, and all this without the least support, from England, or any possibility of raising one penny here (had the people been able to have contributed towards deffraying these expences) for want of power to call an Assembly, wch. I have continually wrote for, without a sillable of answer from any one. By doing all this I have contracted great debts, and the bills I drew, to defray severall of these expences, wch. ought to have been immediately paid have been protested, so that now I have no other sattisfactions left me in this abandon'd place and condition, but that of haveing done my duty to His Majestie and my Country, tho' at the hazard of my own intire ruin. Yett tho' I have wanted all manner of encouragemt., I have so done my duty, that I can assure you, I do not hear of a pirate near these Islands, and have put the place in such a posture, that if it be supported from home, and with small expence more to ye Crown, wch. I hope to have the honour of proposeing to yr Lordships when I come home. This island (to confirm what I have often wrote you) may be made ye most convenient magazine for trade for all this part of the world, and secured from the attacks of any of its enemy's, and in time of warr, may distress them by its scituation, so near the chief of both the French and Spanish settlements. This place so secured by my industry, indefatigable pain, and the forfeiture of my health, has since been sold for fourty thousand pounds and myself by a manager at home, and Copartner's Factotum here, thought not to diserve any share of it. But on the contrary all the unworthy usage a man can have, has been given me, and all ye expency's designed to be thrown on me, but that I have an intire relyance on the honour and justice of my Lord Londonderry, Mr. Wm. Chetwind, and Mr. Docminicque, the only surviving of the Co-partners worth mentioning. I depend I have H.M. leave to go home, having written for it, above a yeare since. I shall therefore (tho' no such leave is arrived) proceed to do so, by the way of Carrolina, the next month, and leave the Governmt. in the hands of Mr. Fairfax, a kinsman of Coll. Bladens, but without some care taken to support the place from home, I cannot expect he will be able to hold it long after my departure, tho' I shall put him in the best posture I can, wth. provissions and every thing else I shall paun myself further for, at Carrolina, for the Guarison's maintenance and I perswade myself, I shall not want your Lordships good offices to have me excused by H.M. for thus leaving my Government, since without going my selfe it can no longer be supported etc. Signed, Woodes Rogers. Endorsed, Recd. Read 27th June, 1721. 3½ pp. [C.O. 23, 1. No. 35.]
Feb. 26.
Whitehall.
391. Lord Townshend to the Council of Trade and Plantations. Encloses letters and papers from Governor Philipps to the late Mr. Secy. Craggs, "which you will please to peruse and to make a representation of such matters you shall judge proper" etc. Signed. Townshend. Endorsed, Recd. 27th Feb., 1720/21, Read 23rd May, 1722. 1 p. Enclosed,
391. i. Governor Philipps to Mr. Secretary Craggs, Annapolis Royal, 27th Sept., 1720. Endorsed, R. 24th Feb. Duplicate of C.S.P. Sept. 26th, 1720.
391. ii. Same to Same. 24th Nov., 1720. Duplicate of C.S.P. 24th Nov., 1720. [C.O. 217, 4. ff. 49, 50v.–60, 61, 61v., 62v.]
Feb. 26.
St. James's.
392. Order of King in Council. Approving of draught of Commission for the Lord Viscount Irwin to be Governor of Barbados. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. ¾ p. [C.O. 28, 17. ff. 122, 123v.: and (duplicate signed, Temple Stanyan), 5, 191. p. 1a.]
Feb. 27. 393. Mr. Attorney General to the Council of Trade and Plantations. Reply to 3rd Jan. I apprehend the principal question intended by your Lopps. related to the negative given by the Governor to the election of the Speaker for the Assembly. And as to that I am of opinion the Governor has a negative voice, the words of the Charter [of the Massachusetts Bay] being very general and expressly applicable to the case vizt. that in all elections and acts of Government whatsoever to be made or done by the Generall Court or Assembly the Governour shall have a negative voice etc. And as the words extend to this case the account given by the Governour how that clause came to be inserted in the Charter strongly fortifys this construccon etc. I think the negative voice of the Governour will extend to all elections which can be comprized within the words of yt. clause in the Charter which are very generall and seem to me to extend to all elections originally made by the Assembly. I insert the latter words to exclude any construction as if I meant any elections of members of the Assembly. Signed, Rob. Raymond. Endorsed, Recd. 28th Feb., Read 7th March, 1720/1. 1⅓rd. pp. Enclosed,
393. i. Extract of letter from Governor Shute, 1st June, 1720.
393. ii. Extract of Charter of the Massachusetts Bay [C.O. 5, 868. ff. 33–35, 38v.]