America and West Indies: August 1731, 1-10

Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731. Originally published by His Majesty's Stationery Office, London, 1938.

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'America and West Indies: August 1731, 1-10', in Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731, ed. Cecil Headlam, Arthur Percival Newton( London, 1938), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol38/pp208-215 [accessed 29 November 2024].

'America and West Indies: August 1731, 1-10', in Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731. Edited by Cecil Headlam, Arthur Percival Newton( London, 1938), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol38/pp208-215.

"America and West Indies: August 1731, 1-10". Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731. Ed. Cecil Headlam, Arthur Percival Newton(London, 1938), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol38/pp208-215.

July 1731, 26-31

Aug. 1.
Grendon.		 336. Governor Chetwynd to Mr. Wheelock. Reply to 28th July. "As I am three days journey from town, and in the midst of settling my affairs for my going" etc., proposes to attend the Board on 17th. Signed, Walt. Chetwynd. Endorsed, Recd. 4th, Read 5th Aug., 1731. Seal. Postmark. Addressed. Holograph. 1 p. [C.O. 28, 22. ff. 65, 66v.]
Aug. 2.
Philla-
delphia.		 337. Lt. Governor Gordon to the Council of Trade and Plantations. In obedience to their directions of 8th Sept., delivered to him by Mr. Browne 29th April, encloses his answer to that gentleman's complaint against him, which will leave them no room to believe that he has furnished just cause for such an accusation. Continues: I have punctually obey'd your Lordships' directions in giving copies to Mr. Browne of all the proofs adduced on my part, and lest it might be thought that my presence at the examination should have any influence to the prejudice of Mr. Browne etc., I declined being present etc. Continues: Mr. Browne, who now resides in the neighbouring Government of Jersey, and follows the practice of an Attorney there, applyed to me lately to have the oaths to his present Majesty tendred to him that he might thereby be enabled to act by virtue of a Commission from his late Majesty to him as Judge of the Admiralty which he has never yet gott renewed etc. Encloses his reply, lest Mr. Browne should misrepresent him. Signed, P. Gordon. Endorsed, Recd. 28th Sept., 1731, Read 3rd May, 1732. 1½ pp. Enclosed,
337. i. Lt. Governor Gordon to Mr. Browne. Philadia. 17th July, 1731. In reply to following, does not think that he ought to countenance his acting as Judge of the Admiralty, he having neglected to qualify himself by taking the oaths to his present Majesty, as did all other officers in the Government upon the demise of the late King, and although he had an opportunity of renewing his Commission in England, having returned without credentials. Besides the enquiries by Mr. Secretary Burchet, 25th March, 1729, as to the Vice-Admiralty Court there, whilst Mr. Browne was in England, seem to indicate that the Lords Commrs. did not intend to direct a new Commission to him etc. Does not see how he can pretend to hold a Court, the Register declining to act under him, for reasons best known to himself, and no Marshal or Advocate having been appointed from home. But as he has a complaint against the Lt. Governor depending against him, he will await its determination before interesting himself in his officiating as Judge of the Vice Admiralty Court etc. Signed, P. Gordon. Copy. 2 pp.
337. ii. T. Browne to Lt. Governor Gordon. Philadelphia, 15th July, 1731. "Mr. Charles as your honour's Secretary denying me to be at present Judge of the Admiralty, by stiling me in several papers late Judge," informs him that he has obtained his commission from Mr. Miranda and requests to be tendered the oaths to his present Majesty etc. By H.M. Proclamation all commissions of his late Majesty are kept in force till superseded. Was unwilling to be at the expense of renewing his, till his complaints of the hardships he has so long laboured under were removed, being determined to give it up, if they are not remedied upon the hearing of their case. Requests dispatch, as there are applications being made to the Court of Vice- Admiralty. Signed, Browne. Copy. 1 p. Enclosed, Originals sent to the Committee of Council with Repre- sentation of 5th May, 1732. [C.O. 5, 1268. ff. 75– 76v., 78, 79v.]
Aug. 2.
Hampton
Court.		 338. Minutes of [Committee of] Privy Council. The report of the Board of Trade, relating to the two Regiments at Jamaica was read; the Lords being humbly of opinion that this consideration, with relation to the sending away those Regiments from thence, depends, in a great measure, upon the strength and force of the Independant Companies remaining there, and the probability of success of the methods proposed by the Board of Trade for settling such of the soldiers as shall be willing to remain in the Island, their Lordps. would humbly propose that this matter should be referred to the Board of Trade to explain in what manner that may be done and what particular encouragement should be given to the soldiers to settle there. The Lords observing by Mr. Keen's letters that the Govrs. of St. Domingo and Porto Rico were removed and sent for home to answer to complaints, and that the strictest orders were sending to the Spanish Governors in the West Indies to prevent depredations, their Lordps. humbly conceive that it is unnecessary to send any new directions to R. Admiral Stewart upon that head. The report of the Advocate, the Attorney and the Solicitor General upon Mr. Bonham's petition, was read ; their Lops, think that a particular letter should be wrote to Mr. Keene upon it, and upon the petition of Story King ; and that Mr. Bonham should be told, that it being not clear by above reports that he is intitled to reprizals, and the situation of affairs at the Court of Spain being now altered very much in our favour, H.M. would order one further demand of satisfaction to be made of that Court. Minutes concerning Portugal. 3 pp. [C.O. 5, 36. ff. 18–19; and 20–21 ; and (original draft) 22–23.]
Aug. 2.
New
Providence.		 339. Governor Rogers to the Council of Trade and Plantations. Encloses trial and appeal of Mr. Colebrooke (v. 10th June), and refers to his agent for answer to any complaints by him, till he is apprized what particular grievances are laid before the Board etc. Continues :—As there are several proposals proper to be made to your Lordships for the service of these islands, in order to confirm the precarious titles of land to the possessors, and to encourage planters to settle here, and to procure proper laws to be made for the advantage of the Colony, I shall represent the same to your honourable Board with a particular account of the present state and condition of these islands, by a person who will be instructed to attend on you, and to give your Lordships an answer to your queries etc. Continues:—I can yet procure no assistance from the inhabitants towards the fortifications, tho' I have, without any help from them, built a good barrack for the garrison in the fort, and have made upwards of twenty new carriages for guns of this country timber, and shall continue to do all I can towards the fortifications as soon as the heat of the summer is over that I can put the garrison to work again without endangering their healths. And as soon as possible will try what I can do in a new Assembly tho' I fear little publick good is to be expected from them if Mr. Colebrooke and his accomplices here can have any influence to prevent the people's working, they being too poor to contribute anything worth collecting in money. I beg your Lordships' protection against whatever is pretended to my disadvantage here till I can reply, and fully inform your Lordships of my real state and the circumstances of this poor colony, being to the utmost of my power devoted to H.M. service etc. Signed, Woodes Rogers. Endorsed, Recd. 26th Nov., 1731. 1¾ pp. [C.O. 23, 3. ff. 87, 87v., 93v.; and (abstract) 88.]
Aug. 3. 340. Mr. Fane to the Council of Trade and Plantations. Report upon 4 acts of Jamaica. (i) There is a clause in the act for raising money laying a duty of 100l. a head upon all convicts imported into Jamaica except such slaves as are ordered transportation by two Justices of Peace and three Freeholders for misdemeanours. The intention of which clause seems to be to take away the force of a law passed here in the fourth year of the late King which extended to all the Plantations for the further preventing robbery, burglary and other felonys and for the more effectual transportation of felons. For the duty laid by this act upon the importer is so excessive that it will amount to a totall prohibition of importing any felon into Jamaica which the Judges and Justices here are impowered by the said act to direct etc. An attempt of this kind was made in Virginia in 1722 by an act amending an act concerning servants and slaves etc., which act etc. was repealed. This act is lyable to the same objections and therefore I must submit etc., whether it is fit to be passed, 1st as it is making ineffectual a law passed here of great importance, to the property of the subjects of this Kingdom, secondly as it is destructive of the duty and regard which this island ought to shew to her Mother-Country etc. There is also by this law a very high duty laid upon the importation and exportation of negroes; a practice in other Colonies much discountenanced by your Lordships, as it is passed in breach of the Governour's Instructions and highly detrimental to the Trade and Navigation of this Kingdom etc. Has no objection to the other three laws, for raising several sums etc.; for raising a tax by the poll etc. and the Deficiency Act. Signed, Fran. Fane. Endorsed, Recd. 3rd, Read 11th Aug., 1731. 2 pp. [C.O. 137, 19. ff. 94, 94v., 97v.]
Aug. 3. 341. Mr. Fane to the Council of Trade and Plantations. Approves of draft of bond for Governor Ogle etc. Signed, Fran. Fane. Endorsed, Recd. 3rd, Read 11th Aug., 1731. ¾ p. Memd. The draft mentioned was ye same with that transmitted to Mr. Scrope 2nd March, 172 6/7 for Mr. Calvert. [C.O. 5, 1268. ff. 15, 16v.]
Aug. 3.
Hampton
Court.		 342. Duke of Newcastle to the Council of Trade and Plantations. Encloses following petition for their opinion thereupon. Signed, Holles Newcastle. Endorsed, Recd., Read 10th Aug. 1731. 1½ pp. Enclosed,
342. i. Petition of Sir Wm. Keith, Bart., and others to the King. Whereas yor. Majesties Dominions on the North Continent of America, have not yet been settled to the westward of the great ridge of mountains behind Virginia, whereby those vacant lands are daily liable to be occupied by forreigners under the gift or title of some other State. And whereas yor. Majesties humble petitioners, by their credit with the Indian Nations of America, that are in freindship with the English, and their correspondence with many substantial industrious people of the protestant Cantons in Switzerland, and other parts of Germany, are capable, with proper encouragement, to bring over some thousands of families to settle on lands behind the said Virginia mountains ; and to submit themselves to an English Government, under the dominion of yor. Majesty etc. Pray for a grant, under a proper form of government, of a tract of land to the westward of the said mountains, not inhabited at present by any human creature (and wch. is described in a small map of that country hereunto annex'd) to be called the Province of Georgia etc. Signed, W. Keith, Thomas Gould, John Ochs, Jacob Stanber, Ezekiel Harlan. Endorsed as preceding. 1 p. [C.O. 5, 1322. ff. 166, 166v., 167–168v.]
Aug. 3.
Hampton
Court.		 343. Duke of Newcastle to the Council of Trade and Plantations. I have laid before the King your Lordships' report concerning the use or necessity of continuing at Jamaica the two Regiments etc. It is H.M. pleasure that you should explain more particularly your opinion, in what manner the several matters proposed may best be put in execution, and what sort of encouragement would be proper to be offered to the soldiers to settle there, and how it should be given them. Signed, Holles Newcastle. Endorsed, Recd. 5th, Read 10th Augt., 1731. 1 p. [C.O. 137, 19. ff. 77, 81v.]
Aug. 3.
Whitehall.		 344. Mr. Wheelock to Mr. Delafaye. Acquaints him that, on the request of Mr. Sharpe attending on his behalf as Agent of Jamaica, in regard of his receiving too short notice for offering his reasons in support of the Act laying duties on negroes etc., the Board has appointed "tomorrow sevnight the 11th inst. at eleven o'clock for hearing petitioners" etc. [C.O. 138, 17. pp. 335, 336.]
Aug. 4.
Whitehall.		 345. Order of Committee of Privy Council. Referring to the Council of Trade and Plantations for their report "on Wednesday next, at eleven o'clock in the forenoon." If they think H.M. may grant the petitioner's request, they are to prepare a draught of an Instruction to Govr. Belcher etc. Signed, Ja. Vernon. Endorsed, Recd., Read 5th Aug., 1731. 1 p. Enclosed,
345. i. Memorial of Jonathan Belcher, jr., on behalf of Governor Belcher, to the Lords Committee of the Privy Council. Prays that Governor Belcher may have leave to assent to a bill passed by the Council and Assembly of the Massachusetts Bay for paying him his salary to May, 1732 etc. Signed, Jonathan Belcher, jr. Copy. 2 pp.
345. ii. Duplicate of June 12 encl. i. Act. [C.O. 5, 873. ff. 64, 65–66, 69v.]
[Aug. 5.]
Mercht.
Taylors Hall,
Munday
morn.		 346. George North to Mr. Popple. In reply to his letter, states that the planters who signed the petition (27th July) and many of the merchants, are out of town. Will attend the Board himself, if the Court of the Merchant Taylors Compa. rises by 12 etc. Signed, Geo. North. Endorsed, Recd., Read 5th Aug., 1731. Addressed. ½ p.. [C.O. 28, 22. ff. 67, 68v.]
Aug. 7.
Whitehall.		 347. Mr. Wheelock to Mr. Chetwynd. I had the honr. of your letter of the 1st instant which came to me the 4th ; and has been laid before my Lords Commissrs., but the 5th having been appointed for hearing the merchants and others concerned in the petition against the continuance of the Instruction I mentioned to you, their Lordsps. were in expectation that some of the merchants would have then attended, till Mr. North, Solicitor for the Petrs. acquainted the Board, that several of those Gentlemen were at that time out of town and others indisposed. Whereupon Wednesday the 25th of this month has been further agreed on for hearing what may be offered concerning this affair. [C.O. 29, 15. p. 230.]
[Aug. 10.] 348. Major Ayscough, a Member of Council of Jamaica, to [? the Council of Trade and Plantations]. If H.M. should be inclinable to break the two Regiments in Jamaica, it will be proper to send instructions to the Governour to settle the men before such reductions on the land which the rebellious negroes were lately possessed of, being 12 miles from Port Antonio, allowing to every family such a number of acres as shall be thought necessary for their subsistance. There are great quantities of provisions now growing in their plantations enough to supply the whole soldiery, till they can provide for themselves, there are likewise fish, fowl and wild hog in plenty. It must likewise be recommended to the Councill and Assembly to find them necessaries to encourage them to settle amongst them etc. Proposes that their wives and families should be sent over at the expense of the Government. Endorsed, Recd., Read 10th Augt., 1731. 1 p. [C.O. 137, 19. ff. 78, 80v.]
[Aug. 10.] 349. Paper showing the disposition of the several companies in Jamaica. Endorsed, Recd, (from Major Ayscough), Read 10th Aug., 1731. ½ p. [C.O. 137, 19. ff. 79, 79v.]
Aug. 10.
Whitehall.		 350. Council of Trade and Plantations to Committee of Privy Council. In pursuance of order of Aug. 4th, have considered petition of Mr. Belcher jr. Continue: Altho' we cannot reflect without concern, upon the obstinacy with wch. ye General Assembly persist in their refusal to settle a fix'd salary upon their Governor for the time being: yet considering that the present Governor must necessarily have been at large expence out of his private fortune since his entrance upon that employmt. : as he has hitherto paid an exact obedience to H.M. commands, by refusing to accept of any salary contrary to the tenour of his Instructions, and as his family must unavoidably be very great sufferers should be left to support ye dignity of his station out of his private fortune ; we are therefore humbly of opinion, that for this time only, H.M. may be graciously pleased to permit Governor Belcher to give his assent to ye aforesaid bill, as a particular grace and favour to ye said Governor, and his family, and in consideration of his faithful adherence to H.M. commands, provided never- theless that this condesention on the part of the Crown, shall not in anywise be drawn into president for the future, nor be in any degree construed to enervate the validity of H.M. former Instructions upon this head, which Mr. Belcher should at ye same time be commanded to inforce, by requiring ye Genl. Assembly to settle his salary for ye future, in such manner as may be most conformable to H.M. royal pleasure. Should yor. Lordships concur with us in this opinion, we conceive that H.M. permission to pass the aforesaid bill may be signify'd to Governor Belcher by ye annexed Instruction, which we have drawn up pursuant to yor. Lordships' order, and in conformity to the sentiments we have conceive[d] upon this matter. Annexed,
350. i. Draft of H.M. Additional Instruction to Governor Belcher. (Approved 12th Aug., 1731). Having strictly adhered to the tenour of his Instructions in refusing to accept any sum from the Assembly upon terms contrary thereto, he is empowered to assent to the bill of 8th June, for granting 5,400l.for the support of H.M. Governor, "provided nevertheless, and it We do hereby expressly declare, that it is not Our intention thereby to enervate, or in any wise to invalidate or take from the force of Our 27th Instruction for fixing a settled salary upon Our Governors, etc., and you are hereby required to recommend the same again to the said Assembly in the strongest terms, as the only manner that can be acceptable to us." [C.O. 5, 916. pp. 426–431.]
Aug. 11.
Whitehall.		 351. Council of Trade and Plantations to the Duke of New-castle. Enclose following to be laid before the King. Annexed,
351. i. Same to the King. In obedience to H.M. commands of 3rd inst., represent that, Altho' nothing be more evident to us than the necessity and good policy of preserving the force of the said regiments to the island of Jamaica by such a reduction as we had the honour to propose etc. (v. 15th July), yet it would be extreamly difficult for us who are at so great a distance to enter minutely into the detail of all that may be requisite for the due execution of our proposal, which must necessarily depend upon various circumstances, only to be known with certainty by those who reside at Jamaica, and are personally acquainted with that country. We beg leave however to represent in general to your Majesty, after having discoursed with some gentlemen well acquainted with the scituation and circumstances of Jamaica, that for many years past there hath not been so good an opportunity as this of encreasing the number of white people in Jamaica nor may such another present itself for some time to come. All the encouragements which either your Majesty's Royal Predecessors or the Legislature of Jamaica have at any time proposed for peopling that island, which from its great extent is capable of supporting a multitude of inhabitants, being 150 miles in length and about 60 in breadth, have hitherto been frustrated by the apprehensions entertained of the rebellious negroes, because no way could be found to make such a settlement as should in its infancy be powerful enough to resist their attempts. It is highly probable therefore, that should your Majesty resolve to disband these regiments, the Council and Assembly of Jamaica will heartily concur in everything that may tend to confirm and improve so great a benefit to their country, by furnishing the soldiers with such utensils and necessaries as may be proper for their establishments : and this may be relied upon with the greater certainty, because the charge arising to the people of Jamaica by fitting out parties to reduce the rebellious negroes is no less at present than 6000l. per ann., and the additional subsistence which they contribute towards the support of the two regiments amounts at least to 10,000l. etc., all which would be saved for the future by making a right use of this opportunity to encrease the number of their white inhabitants at a moderate expence, by which means they may in time become superior either to their foreign or domestick enemies, and the charge of transporting the soldiers back to Europe will be saved to your Majesty. The only caution that seems requisite in the conduct of this matter is, that the Governor of Jamaica should be instructed not to disband the soldiers, before the Council and Assembly have provided for their establishment, and shall have actually settled them to their satisfaction : and as it appears by accounts we have received from Jamaica, that in the last expedition against the rebellious negroes, they were dispossessed of a considerable tract of land of near a mile square, well planted with provisions situated in a country that abounds with wild hogs, fish and fowl; this would seem to us to be the properest place for the reception of the soldiers, as well on account of the plenty of provisions so necessary for the support of new-comers, as because a strong settlement in that part of the country would in a short time become a frontier of great security to the rest of the neighbourhood, be a great encouragement to other people to settle near them, and very much straiten the negroes in their present fastnesses, could not fail to incline them to embrace with greater readiness such proposals as may be made for their removal, if it should be found either impracticable or dangerous to attempt to reduce them to your Majesty's obedience in Jamaica, by force, in which case we would most humbly offer agreeable to what we have had the honour already to propose to your Majesty, that the Govr. should be instructed to enter into a treaty with them for their being transported to some one of your Majesty's uninhabited islands in America. Upon the whole if your Majesty should be pleased to reduce the sd. regiments at Jamaica, after filling up the two Independant Companies there, we humbly conceive that your royal orders should be issued to the Governor for putting the same in execution in such manner as shall be most agreeable to the sentiments of the Council and Assembly there for the security of the said island and for obtaining the ends which your Majesty proposes thereby, it being always understood as aforesaid that the Governor should not disband the soldiers before the Council and Assembly have made an adequate provision for their settlement. And if your Majesty upon disbanding the said regiments or either of them would be graciously pleased to allow the soldiers to keep their arms, it would be a great advantage to the island who we fear have not at present arms enough in their magazines to furnish them. Lastly, as we have been informed that many of the soldiers in these regiments have left their wives and families behind them, we would humbly propose that some of your Majesty's ships of war should be order'd to transport them to Jamaica, either from Gibraltar or elsewhere, by whose means the propos'd settlement will be rendred compleat, and this important island, which from its critical situation in the midst of foreign settlements is of the highest consequence to the trade and welfare of Great Britain, will probably from being very thinly peopled come in time to be well inhabited, which is a point highly essential to the security of your Majesty's Dominions in America, where the French and Spanish settlements daily encrease, as well for preserving the commerce of this Kingdom. [C.O. 138, 17. pp. 336– 343.]
352. Account of the establishment for the two Independent Companies at Jamaica, with a proposal to raise two more companies and to send Lord Rothes's Regiment from Gibraltar to Jamaica. Without date or signature, 1½ pp. [C.O. 137, 47. ff. 86, 86v.]
Aug. 11. 353. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Report upon the right to a tract of land between the Rivers Kennebeck and St. Croix and the petitions of Sir Bibye Lake and others and Samuel Waldo and others etc. State case. Have heard Agents and Council on behalf of the parties and H.M. Treasury. Report : [Whereupon] it appears to us, that all the said tract of lands is granted by the Charter to the inhabitants of the [Massachusetts Bay], and that thereby power is given to the Governor and General Assembly to make grants of lands within the said limits, subject to a provisoe that no such grants should be of any force until H.M. etc. should have signified his approval etc. It appears also by the said Charter that the rights of Governmt. granted to the said Province extend over this tract of land. It doth not appear to us that the inhabitants of the said Province have been guilty of any such neglect or refusal to defend this part of the country as can create a forfeiture of that subordinate right of Government of the same, or of such property in the soil as was granted to them by the said Charter ; it being sworn by several of the affidavits that a fort was erected there and for some time defended at the charge of the Province, and that magistrates and Courts of Justice have been appointed within this district, and that one of the Council of the Province hath always been chosen for this division ; and tho' it is certain that this part of the Province hath not been improved equally with other parts thereof, yet considering the vast extent of countrey granted by this Charter, and the great improvements made in several parts of it, we conceive that will not create a forfeiture, because in such cases it is not to be expected that the whole should be cultivated and improved to the same advantage, and whether there hath been such a neglect or non-user of any part as may amount to a forfeiture must be judged of, not upon the particular circumstances attending that part only, but upon the circumstances of the whole. And if the Province had incurred any forfeiture in the present case, no advantage could be taken thereof but by a legal proceeding by scire facias to repeal their Charter, or by inquisition finding such forfeiture. As to the question stated in the case upon the effect of the conquest of this tract of countrey by the French, and the re-conquest thereof by General Nicholson, we conceive that the said tract not having been yielded by the Crown of England to France by any treaty, the conquest thereof by the French created according to the law of Nations only a suspension of the property of the former owners and not an extinguishment of it, and that upon the re-conquest by General Nicholson all the ancient rights both of the province and of private persons, subjects of the Crown of Great Britain, did revive and were restored jure post liminii. This rule holds the more strongly in the present case in regard it appears by the affidavits that the Province joined their forces to those which came thither under General Nicholson in this service. For these reasons we are of opinion that the said Charter still remains in force, and that the Crown hath not power to appoint a particular Governour over this part of the Province, or to assign lands to persons desirous to settle there; nor can the Province grant these lands to private proprietors, without the approbation of the Crown according to the Charter. As to the case of the petitioners, who insist upon particular titles in themselves to certain parcels of land lying within the district in question, etc., we find by the deeds etc. produced by them, that several of the petitioners and those under whom they claim have had conveyances made to them of several of the said parcels of land, some from the Council of Plimouth, which was constituted by Charter in the reign of James the first and whose grants are confirmed by the Charter of King William and Queen Mary, and others from Indians pretending to be owners thereof, under which grants large sums of money appear by the affidavits to have been laid out in endeavouring to settle and improve the lands therein comprized, several of which sums were expended not many years agoe particularly a sum of 2000l. by Sir Bibye Lake in 1714, and other sums by others of the petitioners in 1719 and 1720. And tho' these settlements and improvements have been in great measure interrupted and defeated by frequent wars and incursions of the Indians, yet several of the petitioners or their tenants appear to be still in possession of some parts of the said tract of land. Some objections were made before as to the nature of the grants and conveyances under which the petitioners claimed, and to the manner of deducing down their titles ; But we conceive that in questions of this kind concerning rights to lands in the West Indies, and upon enquiries of this nature, the same regularity and exactness is not to be expected as in private suits concerning titles to lands in England, but that in these cases the principal regard ought to be had to the possession, and the expences the partys have been at in endeavouring to settle and cultivate such lands. Therefore upon the whole matter, we are of opinion that the petitioners, their tenants or agents ought not to be disturbed in their possession or interrupted in carrying on their settlements in the lands granted to them within the district in question. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 14th Aug., Read 1st Sept., 1731. 23½ pp. Enclosed,
353. i. Case of claim of the Massachusetts Bay to the tract of land referred to in preceding, 2¾ pp.
353. ii. Petition of Sr. Bibye Lake to the King, relating to the right to land near R. Kennebeck, where Col. Dunbar has lately made a settlement. Endorsed, Recd. 13th May, 1731. Copy. 10½ pp.
353. iii. Petition of Samuel Waldoe etc. to the King, relating to the right to land near R. Penobscot, where Col. Dunbar has recently made a settlement. 13 ¼ pp.
353. iv. Deposition of Jeremiah Dunbar, 7th Jan., 1730 (1731). In January last he travelled, as Depty. Surveyor of H.M. Woods, a great many miles between R. St. Croix and R. Kennebeck, and did not see one house or anything done towards improving and setling the said country, except what was built and done by the several familyes which went over thither with Col. Dunbar in Oct. 1729 etc. Signed, Jer. Dunbar. 2/3 p.
353. v. Deposition of Jeremiah Dunbar, 26th Jan., 1730 (1731). In Jan. last deponent received following paper from Col. Dunbar, and believes that unless the lands between St. Croix and Kennebeck rivers are speedily allotted to them, they will leave etc. Signed, Jer. Dunbar. 2/3 p.
353. vi. Petition of setlers on E. side of Kennebeck R. to Col. Dunbar, "Commander and Settler of H.M. Provance of Georgia." Pray him to grant them a township E. of Kennebeck R., to be laid out this fall, that they may make clearings and be ready to plant and build houses in the spring etc. 44 signatures. 1¼ pp.
353. vii. Deposition of Thomas Coram. Jan. 7th 173 0/1. Narrates history of the fort at Pemaquid etc. and the taking and retaking of that tract of land v. C.S.P. supra. 3 pp. Signed, Thomas Coram. 3 pp.
353. viii. Deposition of Sir Bibye Lake. 4th Feb., 173 0/1. Succeeding with Josiah Walcott and Col. Hutchinson to the lands (described) purchased of the Indians, E. of Kennebeck river by Major Thomas Clark and Capt. Thomas Lake, they, in 1714, sent over John Watts to settle 100 families there. Deponent advanced 2000l. to Watts for that purpose, who died after building several houses and settling upwards of 20 families there. Mr. Penhallow, marrying his widow, looked over the said settlements in the best manner he could till the Indians destroyed them in 1720, except a house or fortification made by Mr. Watts, being repulsed after many attempts to destroy it. This house, together with some others defended by it, is now standing. 11¼ pp.
353. ix. Deposition of James Alford, late of Boston but now of London, merchant, Ebenezer Wentworth of Portsmouth, N.H., now in London, and William Wentworth, ditto, shipwright. The French never made any settlement or improvements on the land between Kennebeck river and Nova Scotia. Alford, who was born in Boston and lived there for 30 years till 1728, says there was constantly chosen every year one Councillor for Sagadahock etc. It was owing to the constant wars with the Indians that the Eastern parts of Massachusetts Bay are not settled, etc. Signed, James Alford, Eben. Wentworth, William Wentworth. 1? pp.
353. x. Deposition of John Blower, Capt. of one of H.M. Independent Companies at Plymouth, James Erskine, Lt. in Col. Phillips' regiment, and James Alvord (v. No. ix). 13th Jan., 173 0/1. Four regiments raised in New England, but principally by the Massachusetts Bay, took part in the expedition against Port Royal in 1710 etc. Signed, John Blower, James Erskine, James Alford. 1 p.
353. xi. Deposition of Joshua Winslow, of Boston merchant, now residing in London, 21st July, 1731. Deponent accompanied Governor Shute, 1718, into the eastern parts of N.E., to ratify a peace with the Indians at Arrowsick I. He saw there about 40 very good houses, inhabited by English families, one of which was a very strong fortified and walled brick house planted with cannon, in which were placed soldiers commanded by a Captain in the pay of the Province. He understood that all the said families held the same under some grant from Sir Bibye Lake and Col. Edwd. Hutchinson and Joshua Winslow. 2½ pp.
353. xii. Deposition of Samuel Penhallow, late of N.H., merchant, and now residing in London. 22nd July, 1731. Confirms Nos. viii and xi. In 1718 deponent visited his brother, Capt. John Penhallow at the town of Augusta, als. Smallpoint, who was Justice of Peace and commanded the fort of the said town, and went with him about 7 miles by land to the river Kennebeck which they crossed to Arrowsick Island, where they went to a well fortified brick house then in the possession of Eliza Watts, widow, and did also view the town (called George Town) there, consisting of about 40 very good dwelling houses some of which were garrisoned. Capt. John Penhallow has since married the Widow Watts and commanded the said fortified brick house, wherein were placed a number of soldiers under the pay of the Massachusetts Bay. Deponent saw some cattle there belonging to the inhabitants, who held under a grant from Sir B. Lake etc. Signed, Samuel Penhallow. 3¾ pp.
353. xiii. Deposition of William Clarke of Boston, Gentleman, now residing in London. 20th July, 1731. Deponent accompanied Lt. Gov. Dummer in 1726 into the Eastern part of N.E., when he went to ratify a peace with the Indians etc. At Arrowsick I. he saw about 20 very good dwelling houses, inhabited by English families) etc. Corroborates preceding. He saw the ruins of a great number of houses in George Town, destroyed by the Indians in the last war. Deponent also visited a place called Richmond, N. of Arrowsick I., on the River Kennebeck, where he saw a large fort or garrison house fortified with 10 cannon and a number of English or New England soldiers commanded by Capt. Joseph Heath in the pay of the Massachusetts Bay. Signed, William Clarke. 3½ pp.
353. xiv. Deposition of Ebenezer and William Wentworth (v. No. ix). 26th Jan., 173 0/1). The warrs with the Indians were continuous and bloody, but in the intervals attempts at settlement were made by the inhabitants of the Massachusetts Bay etc. William, brother of Ebenezer, lived with Elihu Guninson, a noted shipwright, at a late town called Sheepsgutt near Pemaquid about 40 years since etc. Signed, Ebenezer Wentworth, William Wentworth. 1¾ pp. [C.O. 5, 873. ff. 84–96, 97, 98, 100–112v., 113v., 114, 115, 116, 117–118, 119, 121–128, 129–130, 131–135v.,136v.]
Aug. 12.
Hampton
Court.		 354. Order of King in Council. Approving draught of Instruction to Governor Belcher to pass the Act for granting 5,400l. for the support of H.M. Governor etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1 p. [C.O. 5, 873. ff. 137, 138v.]
Aug. 12.
Hampton
Court.		 355. Order of King in Council. Referring to the Council of Trade and Plantations for their report thereon 18 acts passed in the Massachusetts Bay, Feb.–April, 1731, and delivered to the Clerk of the Council in waiting. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. ¾ p. Enclosed,
355. i. List of following Acts, under the public Seal. Boston, 14th May, 1731. Signed, J. Belcher, J. Willard, senr. 2 pp.
355. ii. Acts referred to supra. Printed. 2 pp. [C.O. 5, 873. ff. 70, 71, 71v., 73—82v., 83v.]
Aug. 12.
Charles
Town.		 356. Governor Johnson to the Duke of Newcastle. Encloses answer relating to the executorship of one Albert Muller as required by Lord Townshend, 9th Dec. 1729. Continues: It gives me great pleasure I have been able to obey your Grace's commands in procuring from the General Assembly Mr. Fury's being appointed Agent for this Province, with a sallary of 100l. a year. I am sorry I was not able to procure for him more than the last Agent had etc. Will send publick transactions at conclusion of Sessions. Signed, Robt. Johnson. Endorsed, R. Oct. 15th. 1 p. Enclosed,
356. i. Andrew Allen to Governor Johnson. 29th May, 1731. An account of the administration of the estate of Albert Muller, who under a patent of naturalisation in 1727 purchased a house in Charlestown etc. 1 p. [C.O. 5, 388. ff. 36. (Nos. 10, 11.)]
Aug. 12.
Hampton
Court.		 357. Order of King in Council. Ordering establishment of office fees for the Board of Trade, (v. 19th May), the Secretary and Clerks to receive no other gratuities. Set out, A.P.C. III. No. 236. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. 1¾ pp. Enclosed,
357. i. Schedule of fees for Board of Trade, v. A.P.C. III. No. 236. 1 p. [C.O. 388, 80. Nos. 9, 9 i.]
Aug. 12.
Hampton
Court.		 358. Order of King in Council. Governor Rogers is to deliver up the bond entered into by Governor Phenney etc. to be cancelled etc. (v. A.P.C. III. p. 318). Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 4½ pp. [C.O. 23, 2. ff. 253—255, 256v.]
Aug. 12.
Hampton
Court.		 359. Order of King in Council. Approving reports of Committee and Board of Trade and empowering the Governor of New York to make a grant of "the Swamp" to Anthony Rutgers etc. v. A.P.C. III. No. 227. Signed, Jas. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1055. ff. 196, 196v., 197v.]
Aug. 12.
Hampton
Court.		 360. Order of King in Council. Approving reports of Committee and Board of Trade, and repealing Act of New York to prevent the taking or levying on specialtys more than the principal interest and cost of suit etc. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 1055, 198, 198v., 199v.]
Aug. 12.
Hampton
Court.		 361. Order of King in Council. Approving report of Council of Trade and Plantations and repealing act of Pennsylvania for the establishing of Courts of Judicature etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1268. ff. 19, 19v., 25v.]
Aug. 12.
Philadelphi.		 362. Mr. Browne to Mr. Popple. Major Gordon and I have within these few days finished the examinations of witnesses etc. He refuses to give me an answer to my charge, and says these depositions are a sufficient one. However I am preparing some remarks etc. which I doubt not will fully evince the greater part of the depositions of his side to be entirely foreign to the purpose; and that by the cross examinations on my part they will also appear to be false in every materiall article. Major Gordon took up three months to do what I presume I refuted in two days, and I cannot apprehend what he means by the load of papers you will receive from him, unless to prevent their being read etc. I wait for the opinion of Councill on a clandestine proceeding in Chancery against me, of wch. I was acquitted without knowing it, and could not obtain a copy thereof till within these few days. Prays that the arrival of his remarks may be awaited etc. Signed, J. Browne. Endorsed, Recd. 12th Nov., 1731, Read 3rd May, 1732. Holograph. 2 pp. [C.O. 5, 1268. ff. 82, 82v., 86v.]
Aug. 12.
Hampton
Court.		 363. Order of King in Council. Approving representation on Act of Virginia for amending the staple of tobacco and ordering it to lye probationary, the Lords of the Committee being reported that" the subject matter of this act is of very great consequence, as it relates to so principall a branch of the Plantation trade, as that of tobacco, in which great numbers of your Majesty's subjects are concerned, and as it is not certain whether it may tend to the encreasing or lessening of your Majesty's revenue upon that commodity" etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1322. ff. 179, 179v., 180v.]
Aug. 12.
Hampton
Court.		 364. Order of King in Council. Approving representation on Act of Virginia for continuing a part of an act for laying a duty on liquors etc., and repealing it accordingly. Signed and endorsed as preceding. 2 pp. [C.O. 5, 1322. ff. 181, 181v., 182v.]
Aug. 12.
Hampton
Court.		 365. Order of King in Council. Approving report of the Committee for Plantation Affairs (23rd July), and disallowing the Act of Antigua of 1728 to supply the defects of the Act for constituting a Court of Chancery in the absence of the Commander in Chief from the island etc. The Committee reported that they had been attended by Counsel on the petition of the traders to Antigua, and examined some of the inhabitants as to the necessity of such an act, but agreed that there had not been laid before them sufficient reasons for differing in opinion from the Board of Trade. They recommended, for the reasons advanced by the Board, that an Instruction be given to Governor Cosby to recommend to the Assembly the passing an act to repeal so much of the Act of 1715 as restrains the power of the Crown herein, and another Instruction for redressing the inconveniencys complained of as soon as the Assembly shall have past the act of repeal. Instructions were ordered accordingly. Set out, A.P.C. III. pp. 322—325. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. [C.O. 152, 19. ff. 69—70v., 72v.]
Aug. 12.
Hampton
Court.		 366. Order of King in Council. Repealing above act of Antigua (1728). Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 2 pp. [C.O. 152, 19. ff. 72, 72v., 73v.]
Aug. 12.
Hampton
Court.		 367. Order of King in Council. Referring following to the Council of Trade and Plantations to examine and report their opinion thereupon. Signed, Ja. Vernon. Endorsed, Recd. 21st, Read 24th Aug., 1731. l½ pp. Enclosed,
367. i. Petition of several merchants of the City of London, in behalf of themselves and others trading H.M. Colonys and Plantations in America, to the King. They have great sums due to them from the inhabitants, and as the laws now stand in some of the Colonys and Plantations, H.M. subjects residing in Great Britain are left without any remedy for the recovery of their just debts, or have such remedy only as is very partiall and precarious, whereby they are like to be considerable sufferers in their property and are greatly discouraged in their trade to America. In severall of the said Colonys and Plantations greater and higher dutys and impositions are laid on the ships and goods belonging to your petitioners and other persons residing in this Kingdom than are laid on the goods and ships of persons inhabiting the said Colonys etc., to the great discouragement of the Navigation of Great Britain etc. Pray for relief. Signed, Rd. Harris, Micajah Perry, Hum. Morrice, and 29 others. Copy,1¾ pp. [C.O. 323, 9. ff. 68—69v., 71v.]
Aug. 13.
Charles
Town.		 368. Governor Johnson to Mr. Popple. Sr. I have received your favour of the 8th of April last and entertain the advice you give me, as I am very well persuaded you mean it as my friend and for my service, and shall in due time recommend to the Assembly what their Lordships of Trade have commanded me, in relation to the summons instead of a capias; thô I cannot give great hopes they will be prevailed on to alter the law from the present practice of a capias to a summons; which is indeed (thô so called) no other than a capias, only with this difference, that it brings the defendt. into Court thô not personally served, but by leaving at his habitation, which was attended by many abuses; many people having had judgments obtain'd against them, without knowing they ever had been summoned; and consequently in no capacity of making their defence, for oportunitys were taken when people were abroad (perhaps at the Charekie mountains) to thrust a summons under a person's door, and the Marshal swearing he left the summons at the party's dwelling house, was sufficient to proceed against the defendt. ex party; and so judgmt. went against him for what was charged in the writ, which was always double the debt, and many times actions only of mallice to prejudice anothers credit. The first process in the Courts here were from the first settlement until the year 1713, by a capias only, as in England, when a law was made to proceed by a summons, being limited to two years, it then returnd to the old way of a capias, and so continued until 1720, when the summons law was again revived, but the aforementioned inconveniencies being found in it, it was again repealed in 1726 and so continues. What their Lordps. mean by the first process in England being supposed to be a summons is (I suppose) no other than a demand of the debt; but here the summons was a copy of the capias or writ, which being left at the house of the defendt. was to have the same effect as the writ personally served; which I am afraid the people here will never again consent to. The Assembly of both Houses have now passd a law for regulating the Jurys, in which was proposd to be a clause obliging the plaintiff to try his suit against the defendt. at the Precinct Court where the defendt. lived; which was the law and with great difficulty has been thrown out of the bill; and the action is now triable where the plaintif pleases; which has very much lessend the authority of the precinct Courts, to the great satisfaction of the merchants, and trading people here, and will be of great ease and advantage to the Marshall, in the execution of his office, with which I hope they will be satisfyed at present, and they may be assured I shall impartially espouse their interest when it is founded on justice and publick credit. The sessions is now almost at an end at the conclusion of which I shall do myself the honour of acquainting their Lordships with what has been transacted, which I hope will be to their satisfaction. I shall on all occasions shew a due regard to any of your friends, and endeavour to convince you that I am, Sr., Your most humble servant, signed, Robt. Johnson. Endorsed, Recd. 16th Oct., Read 16th Nov., 1731. 2 pp. [C.O. 5, 362; and (abstract) 5, 406. fo. 28, ff. 38, 38v., 39v.]
[Aug. 15]. 369. R. Mountague to Mr. Delafaye. On behalf of Governor Rogers. Communicates proceedings against Mr. Colebrooke etc. (v. 10th June), and in case any complaints are made, proposes to acquaint him with details of his offences, etc. Signed, R. Mountague. Endorsed, Aug. 15, 1731. Addressed, 1½ pp. [C.O. 23, 14. ff. 195, 195v., 196v.]
Aug. 16.
Hampton
Court.		 370. Minutes of Privy Council. The further report of the Board of Trade, Aug. 11, concerning the two regiments at Jamaica was read, and extracts of letters to Col. Cope from the late Lt. Col. Townshend and Lt. Col. Cornwallis with a message, inclosed, from the Assembly to the Council of Jamaica. Their Lordships are humbly of opinion, that it may be for H.M. service, that the two regiments be sent for home; but that in order to provide for the security of the island, Lt. Col. Cornwallis, the Commanding Officer in either of the two Regiments, be directed to review the two Independant Com- panies there, and see that they be compleated by draughts, to be made in proportion, out of both the Regiments that are to come home, and as an encouragement to the soldiers that shall be thus turned over, a bounty of 10l. a man be given them; That the Governor be directed, to induce the Assembly to give all fitting encouragement for engageing the private men in the said two Regiments to settle, with their families, in the island, and that a proper discharge be given to such of them as shall be willing to settle there; But that the soldiers should have their option, whether they will settle as inhabitants, or go into the Independant Companies; and that for the Governor's direction, in the execution of these orders, copys be sent him of ye several reports of the Board of Trade on this head, l½ pp. [C.O. 5, 36. ff. 24, 24v.]
Aug. 16.
Whitehall.		 371. Mr. Wheelock to Mr. Scrope. Encloses draft of bond for Lt. Governor Ogle (v. 28th July), for which Lord Baltimore has proposed George Ogle, of Dublin, and John Broughton of Westminster as sureties. Annexed,
371. i. Form of bond referred to in preceding. [C.O. 5, 1294. pp. 34—42.]
Aug. 17.
Hampton
Court.		 372. Duke of Newcastle to Governor Belcher. Mr. William Shirley a very sensible man, and a friend and neighbour of mine in Sussex, who was bred to the law, in which he is very well skilled, going to New England to settle and to follow his profession there, I trouble you with this letter by him, to recommend him to your protection, and to desire that you will give him all the countenance and assistance that may lye in your power, which I shall acknowledge as a particular obligation; and it would be an additional favour, if you could suggest anything by which I might further contribute to his encouragement. Signed, Holles Newcastle. [C.O. 324, 36. p. 307.]
Aug. 18.
Portsmouth,
New
Hampshire.		 373. Lt. Governor Dunbar to Mr. Delafaye. Refers to letter of 15th July. Would write oftener to the Duke, but fears to be troublesome etc. "People, tho' seemingly Saints in New England, have little regard to truth when straining of it will serve their interest, and my imploymt. is so obnoxious to them, haveing never before been under any restraint, that they would stick at nothing to get me removed. I defye them all to assigne any true cause for it, and I hope his Grace will not regard their mallice; Here is a glareing fresh instance of it as well as their disobeying H.M. Comn. to me as Lieut. Govr. I scarce expect it to be believed, I need not comment upon it; My brother will wait upon you and shew you some other authentick papers to explain it etc., to be laid before His Grace," etc. Signed, David Dunbar. Endorsed, R. Oct. 6. Holograph. 1½ pp. Enclosed,
373. i. Lt. Governor Dunbar to Governor Belcher. Portsmouth, N.H., Aug. 16, 1731. He did not intend to answer his letter of 2nd inst., as it was impossible to do so, and keep within the bounds of the respect he would pay to his Commission, but he then little imagined what had come at the same time, though it has been the town talk ever since. He was very angry with the Gentleman who told him he had sent such orders to Capt. Walton etc. (v. encl. ii, iii), because he thought it an idle, ridiculous story, but upon being told that there might be something in it, he hired a boat and went to the town of Newcastle etc. Continues: I went to a publick house, and sent for the Captain of the Fort etc. Upon his telling me your Excellency's orders, I desired to see them, which he refused, until I said I had a right to see you, and should not regard them until I did; the Captain thereupon sent for them, and left me, to go to the fort, the gate whereof he shut, and put his garrison, consisting of two men, under arms, I waited some time for his return and for the man he had sent for your Excellency's letter, and neither coming, I walked towards the fort, in the same dress and posture I always walk in, with my sword in my belt and my cane in my hand. I went alone to the gate and knocked with my cane etc. The Captain said I should not enter except I would go as a private man etc. I insisted upon going in as Lieut-Governour, and commanded him to read H.M. Commission to me, which he positively refused, saying he would obey H.E.'s orders etc. All this was in the hearing of the [three] gentlemen [who had accompanied him], and 40 or 50 fishermen, and others belonging to the towne. The Captain then ordered your Excellency's orders to be read aloud etc. I desired an attested copy, which favour was granted etc. The Captain then opened the gate and invited me to walk in as a private gentleman etc. Although contrary to H.M. Commission, such was his submission to H.E.'s commands that he did not enter, "tho a thousand men might drive sheep into the fort at any place but the gate," and though he believes it was his duty to have put the company of militia of the town of Newcastle under arms and arrested the Captain for rebellion, but his chief motive being to preserve peace, he hopes a favourable construction will be placed at home upon his not doing so. Continues: After this I do not take it that I can stay here with safety, I am sure I cannot with honour, for all your friends and some in the Commission of the Peace say, that since this order to Collo. Walton, my commission is superseded or suspended, for, as by it, he is to receive no orders from any but your Excellency, of consequence others are not; that fort etc. was always part of the perquisites of my predecessors, and the Province built an apartment in it where several of them have lodged when they tho't fit, and tho' H.M. Commission gives me all rights, privileges, profits, perquisites and advantages to the same belonging, I never made any pretention to this, purely to avoid disputes, but I now acquaint your Excellency that I think it my due, as well as 200l. per annum this currency of the 600l. salary setled by the Province, out of which my predecessor always reced. so much from yours, as was intended by the General Court, who setled it. I had no tho't of ever mentioning this to you, but that this most extraordinary step of yours puts me upon it. And to convince you that no body is infallible, I send you a copy of your dedimus etc., whereby you gave a power to administer oaths which are abrogated by Act of Parliament. Your Excellency has likewise found fault with me for not administering oaths upon Commissions which you yourself have allowed to be so deficient as to make out new ones, etc. Will make no complaint home, if he is given reasonable satisfaction etc. Signed, David Dunbar. Copy. 3 pp.
373. ii. Governor Belcher to Collo. Walton, Capt. of the Fort [? William and Mary]. Boston. Aug. 2, 1731. I observe you have (with Collo. Sherburne) administered the oaths to Capt. Wybird, which is well, and that the Lt. Governor had made a pretence to suspend the Secretary, which I now write him is out of his power, and I order the Secretary to go on chearfully in his office, notwithstanding that insignificant paper he signed, as I do you again to abide by the commission I gave you for Fort Mary, and not to suffer the least insult on your commission from any person whatsoever, nor to let any one come into the fort but those that come in a curteous civil manner, I mean that the Lieutenant Governor nor any others should come by way of command or in derogation to the orders I have given you etc. The Lieut. Governour writes me he shall order you to attend continually at the fort. I would have you always remember you are to receive no orders but from me, and mine are to do in your command of the fort as the late Lieut. Governour did, for you shall be present or absent from your command, as I shall judge proper. Signed, J. Belcher. Copy. Overleaf,
373. iii. Certificate that Col. Walton showed above to Col. Dunbar. Newcastle, Aug. 14, 1731. Signed, Benning Wentworth, Theodore Atkinson. The whole. l¼ pp. [C.O. 5, 10. ff. 88, 88v. 89v.—91 (without encl. ii, iii); and (encl. ii., iii., only) 5, 898. No. 93.]
Aug. 18.
Portsmouth,
New
Hampshire.		 374. Lt. Governor Dunbar to Mr. Popple. Refers to papers sent by Capt. Bax (v. 11th July) and copies by way of Cork and some new ones to his brother to be laid before the Board. Continues: I take that method because ye sight of so many at once might frighten you. Repeats part of preceding covering letter and encloses copies of Nos. i, ii preceding. Continues: I am very apprehensive I shall be blamed for submitting to the orders etc. I shall be impatient to have an answer to this etc. Requests him to assist his brother in putting these papers into a method to be laid before the Board. Among them is the case and dispute between the Governor and Theodore Atkinson who has acted two years as Collector. The Commission of the Peace has not yet been amended. Six townships are still without Magistrates. Encloses a dedimus from the Governor to administer oaths wch. are contrary to law and his Instructions. "All these mistakes are (I believe) chiefly oweing to a little pert Attorney here, who is now Secretary of the Province, a Judge and Justice of the Peace, and H.E.'s chief Counsellour, it is to this gentleman that the divisions and confusions in this small province are owing" etc. Repeats complaint against Act, due to his persuasion and pique to this town, for removing the Courts from Portsmouth to three country towns. People are obliged to travel 100 miles in Maine to York, the County town, which is within 7 miles of Portsmouth. Hopes the act will be disallowed. "He was forced to promise to emit mony, I mean bills of credit here, to get their consent to pass that act, and he then told them he could not signe the mony bills without orders." There are daily complaints about the boundary lines. He hopes H.M. will explain the Charter etc. Continues : "Here is a report that Mr. Secretary Waldron and his emissarys are getting a number of names to a petition in some private manner by way of contradiction to the representation I was desired to send to you, and that was very publique, and 500 names could have been got, but I sayd there was no occasion. It is a melancholly circumstance to be at such a distance from home as to be under a necessity of lying long under distress and difficultys" etc. Prays him to dispatch answers etc. Signed, David Dunbar. Endorsed, Recd. 28th Sept., Read 13th Oct., 1731. Holograph. 4 pp. [C.O. 5, 873. ff. 154—155v., 156v.]
375. Address of the Upper and Lower Houses of Assembly of Maryland to Benedict Leonard Calvert, Lt. Governor of Maryland. Annapolis, 19th Aug. 1731. Reply to queries as to the trade and produce of the Province transmitted by the Council of Trade and Plantations. Continue: For want of an opportunity to examine the books of the Officers of the Customs, we cannot be so particular as we wish to be etc. Continue: There are very few trading vessels belonging to the inhabitants, several of the twelve counties having not one etc. We could not learn any more than one small vessel has gone from this province (belonging to the inhabitants thereof) to any of the foreign Sugar Plantations; a few vessels have gone to Madera, and others of the Portuguese islands, one, two or three in a year, and for several years none. This Province has very little trade with any part of Europe beside Great Britain, and that confin'd to a few voyages by three or four small vessels in several years past to Lisbon, which carried grain and lumber thither. All the commodities ever exported to, or imported from any of the foreign Plantations, belonging to the French and Dutch, by the inhabitants of this Province, that we could learn, has only been the lading of the small vessels already mention'd, which carried lumber and provisions, and brought back mellosses; save that sometimes when vessels have been disappointed of their lading in H.M. Colonies, they have taken in some salt in the said foreign Plantations. The trade to Madera and other Portuguese islands has been more considerable: sometimes one small vessel and sometimes two or three, but never more that we could learn (belonging to this province) have gone thither in a year; which vessels have carried wheat, Indian corn and other provisions, and staves, and brought back Madera and other wines of the produce of those islands and salt. As to vessels belonging to other parts of H.M. Dominions, whose ladings are purchased in this province, we cannot give any account of them. The climate here is moderate, the soil productive of all sorts of grain, and many sorts of fruit, and has great quantities of valuable timber; and in many places good pasturage; and the rivers and bay full of great variety of fish, especially herrings: But the inhabitants, ever since the first settlement of this country, have applied themselves principally to the making tobaco, which is our only staple, neglecting manufactures and tillage, when tobaco has been valuable; the produce of that commodity alone being then sufficient to supply the people with cloathing, and other necessaries, in great plenty, from Great Britain, with an overplus in mony, which has always been lodged there; not only as the securest, but the most advantageous repository, whence the people cou'd be supplied with every thing for their own use or for traffick; hence it has happen'd that the people have receiv'd very little advantage from a moderate climate, and a fertile and fruitful soil, besides provisions, and the produce of their tobaco, which for several years past has been really so very low that it would not supply the inhabitants with one half of the necessaries of life; and the expectation of an amendment has occasion'd their continuing in the old beaten tract so long, that they are now reduc'd to an incapacity to carry on any considerable trade or manufactures. It is true, that extreme want and necessity have driven some of the poorer sort of people in several parts to make some small quantities of coarse linens and woollens for their own particular use, without which they must have gone naked and been starved; of these manufactures we are confident there are none exported; and that very few (if any) make enough of them to supply their own necessities; As to the value of other commodities of the growth and production of the country, annually exported besides tobaco, we cannot make any estimate. Those concern'd in the exportation, and who reap the advantages arising from it, being such as come from other parts to purchase what the people can spare, which their necessities oblige them to part with at very cheap rates. Thus, may it please your Excellency, we have given a full state of the circumstances of the country concerning its trade, as we could: and we can assure you that we have not represented it's condition worse than it really is. Signed by all the Members of both Houses. A true coppy of the Journalls of the Upper House transmitted to me. Signed, Baltimore. Endorsed, Recd, (from Ld. Baltimore) Read 1st Feb., 1731/2. 52/3 pp. [C.O. 5, 1268. ff. 70v.—73v.]
Aug. 19.
Mercht.
Taylors Hall.		 376. Mr. North to Mr. Popple. Several of the petitioners (v. 5th Aug.) intend to wait on the Board on Wednesday next at eleven according to the appointmt. when I last attended etc. Signed, Geo. North. Subscribed, Memorandum of verbal acceptance. Endorsed, Recd. 19th Augt., 1731. 1 p. [C.O. 28, 22. ff. 73, 74, 74v.]
Aug. 20.
Portsmouth.		 377. Lt. Governor Dunbar to Mr. Popple. Has received reply from Governor Belcher (v. Aug. 18), justifying his order for shutting him out of the Fort etc. Continues: This order of the 18th of July is grounded upon falsitys reported to him by a poor old creature formerly one of this country Collonels, and now made Capt. of the Fort, to whom I solemnly declare that I sayd no more than, that the command of the Fort, and any little perquisits attending it, allways belonged to the Leiut. Governours, and I had a right by my Comn. to everything enjoyd. by them, he replyed he had H.E.'s Com- missn. to be Capt of it, and hoped, as he was very antient I would not deprive him of the small perquisits he had by it, my answer was, that if it was my right as Lieut. Governour I would either have it, or he should own the obligation to me, that it was not worth disputeing, and that if I could not have it without a comission from Governour Belcher, I would not have it at all, for I would take no commission from him etc. Mr. Walton has, it seems, made something more of it etc. You see his Excellency thanks him for a list of the restless and uneasy, I wish my Lords would ask Coll. Shute, Mr. Walton's character, it is such that nobody here would hang a cat upon his evidence, and for this reason some former Govrs., particularly Shute had his name put far back in the list of the Council, yt. he might have no chance of ever commanding the Province; Many people from Boston and the late Governour Dummer have sent me their opinion, which also aggrees with the gentlemen of best note here, that by the last clause in the chief Governour's Commission, he has no power but when he is actually present in the Province; agt. that paragraph he has left the 36th article of his instructions upon the Secretary's files etc. Fears he will be blamed for giving in to him, but could not avoid it without violence. As he has occasion in other places, will go hence till he receives further orders. If Mr. Belcher is judged in the right, begs to be excused serving under him. "I am not the onely man by a great many he uses ill; he never darst offer the least affront to man until now that he lords it over all, for he has formerly been chastized by cane, whip and foot, without resenting it, wch. makes it the more griveous to be ill used by such a man etc., by his carriage and style he seems to think himself King. He does not permit the Lieut. Governour of ye Massachusets, tho' one of his own recommendation, to sitt in Council with him, so that he is quite a stranger to all the busyness of the Province etc. I suppose when he comes here, he will tell me I have no busyness in Council whilst he sitts there, but I will not submit to that etc. I have for some time expected a Comn. for a new Judge of Vice-Admiralty at Boston. I am sure there is a necessity for it etc. I have some time since seized a parcel of masts in Piscatua river at this towne, and intended to try them here but as they were cutt on the other side of the river in the province of Maine, they must be tryed in the Massachusets Govt., upon which I sent to the Advocate Genll, for an opinion and to get a deputation for George Jeffrey Esq. who has long acted and is now Deputy Judge of Vice-Admiralty, to hold a Court on the other side this river etc. Mr. Belcher upon hearing this has prevaild upon the old Judge of Admiralty at Boston, to give a deputation to one Gambling etc.; this is done on purpose to oppose H.M. interest, Mr. Gambling haveing allways as an Attorny appeared on the other side, and now there will be new cases, and Doctor Cook, Govr. Belcher's chief favourite, will be the first, who haveing in open defyance to authority cutt mast trees far up in Saco River near Casco, I have seized them in boards, as I have done several quantitys in this province etc. I will try what a Court will judge in this case, but now think I have very little chance. Encloses the Governor's orders to me relateing to a Collector, and least I should not give lett passes as he directs, he has sent some blank passes signed by himself, and as he has given orders to the Captain of the Fort to receive no orders from me, I intend they make use of their own papers. I have already mentioned a clandestine petition etc., and I am desired to send you extracts of former letters to the Province Agents, signed by the promoters of this petition as a Comittee appointed by the Genll. Court for yt. purpose, to shew you that it is no new chimera, as is now alledged. I am very sensible I must be thought too troublesome to my Lords Commissioners etc. If my Lords will be pleased to part Mr. Belcher and me it will save much of it. I send you one of the clearances of his new Collector, and an impression of a seal which will make any vessel lyable to a seizure, as all Custome Houses in H.M. Dominions know each others seal, this I have told the new Collector, and that he is not quallifyed by law to act as you'l see in your pacqt. by the oaths wch. have been administerd to him, but we live under a Governour that will salve all mistakes with a volo and jubeo" etc. Signed, David Dunbar. Endorsed, Recd. 28th Sept., Read 13th Oct., 1731. Holograph. Addressed. 6¾ pp. Enclosed,
377. i. Warrant by Governor Belcher impowering Shadrach Walton and Henry Sherburne to administer the oaths of allegiance and supremacy, the abjuration oath and the office oaths to any person hereafter commissionated etc. 3rd Aug., 1731. Signed, J. Belcher. Same endorsement. Copy, certified by, Richd. Waldron, Secretary, ¾ p.
377. ii. Copy of Governor Belcher's 38th Instruction. Same endorsement. 1 p.
377. iii. Lt. Governor Dunbar to Governor Belcher, 16th Aug. Copy of Aug. 18 encl. i. Same endorsement. 3 pp.
377. iv. Governor Belcher to Capt. Walton. Boston, July 18, 1731. I have yours before me of 16 currant and am apt to think the strange appearances you mention will soon vanish into smoke, and the people will come to themselves, and believe who have designs to hurt and ruin them, and who are their friends. I thank you for a list of the restless and uneasy. If some people might enjoy all the places of profit and honour in the Province, as they have for many years past, they wou'd be well content. But I think it time and very reasonable some other families shou'd share in the advantages of the Government. I particularly observe these words in your letter "As for the fort your Excellency has been pleased to favour me with the Leiut. Govr. says he shall never accept your Commission for it, for that he says he looks upon with contempt, but swears nobody shall command there but a commission from himself." Since the Leiut. Govr. does not know his duty or is not willing to practice it my order is that you abide by the Commission, I have given you, and not suffer him, nor any other person to come into the fort, or have anything to do with it, but by such orders, as you receive from me from time to time. As to the complaint sent home against me in the ship that sail'd from your river the 15th currt., I shall laugh at all they can say, if they don't lye. The common complaint has been that New Hampshire is not able to support a Government in the present circumstances, how can they then pretend to be an independant Government. For 30 odd years that Province has been under the same Governor with the Massachusetts, how comes it then, all on a sudden to be necessary to have a new regulation? Because some men out of office want to be in etc. Signed, J. B, Same endorsement. Copy, certified by J. Belcher. 12/3 pp.
377. v. Duplicate of Aug. 18. Nos. ii, iii.
377. vi. Deposition of Benning Wentworth and Theodore Atkinson. Portsmouth, Aug. 18, 1731. Describe Col. Walton's refusal to allow lit. Gov. Dunbar to enter and view Fort William and Mary. Signed, Benning Wentworth, Theodore Atkinson. 4 pp.
377. vii. Impression of Seal of Arms of New Hampshire sent to Capt. Wybird for a Custom House Seal by Governor Belcher. Aug. 18, 1731. Signed, David Dunbar. Same endorsement. 1 p.
377. viii. Governor Belcher to Lt. Gov. Dunbar. Boston, 16th Aug., 1731. The post being here (who came away the day after your Honour's of 12th present) and bringing me no further account of the Indians you mention, I hope they were got together on no other account than what Collo. Harman intimated. Sr. I believe I have some time since notifyed you of my appointing Richard Wibird Esq., Collector of New Hampshire, since which I wrote the late Deputy Collector that I had sent a dedimus for administring the oaths to Capt. Wibird, and expected his conforming thereto, and in answer he wrote me, he wou'd neither deliver the seal of office, nor the instructions he had, and since that refused to do it on a special warrant I sent him, and has also presum'd to give clearances as a Collector, and the present Collector writes me, as well as the Capt. of Fort William and Mary, that you have given passes for vessels cleared by him, and to some of them that have not cleared at the Naval Office. I hope those who have been advisers in the matter, especially to the poor men who have violated the Acts of Trade in not clearing at the Naval Office, will make good to them the damage and difficulties they may have run themselves into. As to the late Deputy Collector, he's not worth my further notice at present. But to prevent all breaches of the Acts of Trade for the future, and loss of the subjects' estate, or any interruption to the trade, I once more tell your Honour, that I have appointed Richard Wibird etc. It is my order that you be at all times aiding and assisting him, and sign no pass for any vessel to the Capt. of the Fort without mentioning therein, the said vessel's being duly cleared by Richard Wibird Esq., Collector of New Hampshire. Same endorsement. 2 pp.
377. ix. Clearance of the sloop Dimont from New Hampshire to Newfoundland. 20th Aug., 1731. Signed, Thos. Wibird, Depty. N. Officer, R. Wibird, Coll. Same endorsement. Printed form. 1 p.
377. x. Copy of last clause but one of Governor Belcher's Instructions, assigning his powers to the Lt. Governor in his absence out of the Province etc. Same endorse- ment. ½ p.
377. xi. Governor Belcher to Lt. Governor Dunbar. Boston, 18th Aug., 1731. Benjamin Akerman brought me your letter this morning about 11 o'clock I can't really say whether 4½ minutes before or after, tho' these niceties are great things with you, or you would not think my mistaking the name of the Fort worth mentioning, and to convince you that infallibility is not your talent, I send you a copy of Capt. Husk's commission only to show you what you writ under it, and to know whether any man living can tell the day or year you administred the oaths to him, but these are trifles I think not worth your notice or mine, and notwithstanding the mistake Mr. Secry. Waldron might make in writing the dedimus, I doubt not but the proper oaths have been duly administred etc. I am freely willing you should send home copies of my letters, depending you'll be so just as to send copies of yours to me etc. Sends copy of his letter to Capt. Walton, 18 July (No. iv supra). The Commissions I give are the King's Commissions and it is your duty to treat them with great respect etc. The late Lt. Govr. kept command of the fort by my proclamation, and no otherwise, nor do I find anything in your commission, or any act of the Government that settles the command of that fort upon the Leiut. Govr. etc. Would have given it to him, if he had asked for it and not treated his commission with contempt. Continues: The passes you give to the fort are properly mine and so I believe you'll find the licences for marriage etc. My only answer to what you say. about sharing my salary, is that it made me smile.
Your predecessor never had the face to say a word to me on that head, nor did I practice any mean condescentions with the Assembly to get it done, but told 'em frankly and freely before they did it, no one shou'd ever have a farthing of it, and I have long since recd, an approbation from home, of the handsome manner in which I got the salary settled etc. It was a fault in you not to administer the oaths when the gentn. waited on you by my order. The commissions were not deficient, but good and full, so far as I had extended 'em. If I pleas'd to enlarge 'em afterwards, that was more than you knew in the time of it etc. You are too assuming in your letters. Nor do I want your dictating to whom I shall read your letters or my own etc. Continues: I am under no concern about your complaint home, because I insist upon it, that I am always present at New Hampshire when here, or that government wou'd be a monster with three heads. If I am absent, so wou'd you, if you cross the river into York county, and then the President of the Council might turn the Government into all confusion etc. Is prepared to justify himself in this as in the affair of Frederick's Fort. Was obliged to go into the country and therefore to detain the express, "which those who sent it, I beleive must be content to pay etc. Signed, J. Belcher. Same endorsement. 3¾ pp. [C.O. 5, 873. ff. 157—165v., 166v.—167v., 168v.—172v., 173v.—177v.]
Aug. 20.
Boston.		 378. Governor Belcher to the Council of Trade and Plantations. Abstract. Col. Dunbar is a gentleman of such an uncommon temper that he expects to have to be constantly defending himself against his unjust insinuations. Refers to letter of 12th July. Col. Dunbar's thirst of power and honour beyond his rank cannot be acceded to by any Governor. When the Capt. of Fort William and Mary reported that the Lieut. Governor said he would never accept his commission for it, he thought it high time to assert the King's honour against insults and behaviour which could only lead to anarchy. The Governor has never been esteemed absent from New Hampshire when at the Massachusetts. Refers to 36th instruction. It cannot be imagined that the King only made him Governor for about six weeks in the year—the time he spends with the Assembly there. Repeats former arguments. It being but 66 miles from Boston, and the post passing every week, regrets that he has to trouble the Board with the enclosed letters, but he expects Col. Dunbar will dress up an extraordinary relation of this affair. He will esteem it a great favour to be delivered from this uneasy gentleman etc. Signed, J. Belcher. Endorsed, Recd. 5th, Read 19th Oct., 1731, 4 pp. Enclosed,
378. i. Copy of preceding encl. x.
378. ii. Copy of Aug. 18 encl. i.
378. iii. Copy of preceding encl. iv.
378. iv. Copy of Aug. 18 encl. ii. Nos. i–iv. Endorsed as covering letter. [C.O. 5, 873. ff. 201—203v, 204v., 206—207v., 208v., 210—211v., 214v.—213v., 214v., 215, 216v. (with abstract).]
Aug. 21.
Boston.		 379. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, J. Belcher. Endorsed, Recd. 28th Sept., Read 19th Oct., 1731. 2¾ pp. [C.O. 5, 873. ff. 217, 218—219v.]
Aug. 21.
Boston.		 380. Governor Belcher to the Duke of Newcastle. I am now to confirm what I wrote your Grace 26 of last month, respecting the supply of the Treasury. The Assembly have now been sitting upwards 12 weeks, and seem resolved to provide no money for the defence of the Government, and the protection of the inhabitants, unless I wou'd sign a bill for it in open violation of H.M. commands, and upon a motion the House of Representatives made to me for a recess, I immediately ordered all the members of H.M. Council, to attend their duty in the General Court, and then demanded of them, upon the oath they had taken, answers to the questions your Grace will find in my message to the House of Representatives of 28 July (as by their Journals inclos'd). Upon this they summon'd their absent members to attend, and when they came together, the result was, to make a declaration, and send it to every town in the Province, in order to call the inhabitants of each town together, to have their orders or instructions about the supply of the Treasury, and I have no reason to believe but their answer will be just as the Representatives wou'd have it, vizt. That the Treasury shou'd not be supply'd in conformity to the King's Instruction. Upon the whole, my Lord Duke, I think it my duty seasonably to represent to you the great difficulty and hazard this matter must necessarily (and very soon) bring upon H.M. Government here, and all his good subjects. For your Grace must be sensible, it's impossible for a Government to subsist long without money. For my own part, I am fully in opinion that H.M. Instruction to me in this matter is exactly agreeable to the Royal Charter, as well as to the best safety and happiness of this Government and people. Yet as I have no reason to believe the House of Representatives will comply with it, it is absolutely necessary for the preservation of H.M. Government and people here, that your Grace transmit me as soon as possible the King's special order upon this head. For altho' the Assembly have been sitting now near 13 weeks, yet I believe they will go on to sit, till I have an answer from your Grace, and their so doing will be a vast burden to the Province, and no service, for they have done nothing of any significancy for several weeks past. P.S. I had almost forgot to acquaint your Grace that notwithstanding the royal explanatory Charter says that "it shall be lawful for the Representatives etc. to adjourn themselves from day to day (and if occasion shall require for the space of two days) but not for any longer time without leave from the Governor etc," yet the Representatives did on Saturday 10th July adjourn themselves to Tuesday, 13th. On which day I sent a message to them on that subject, which they so little regarded as to repeat such an adjournment the 24th of July. Their pretence for this is the intervention of the Lord's Day, which I think can by no means support such an unwarrantable practice. For I believe the maxim of dies dominicus non est dies jucundus, was the reason of that saving for 'em in the explanatory charter (and if occasion shall require for the space of two days) that they might not be oblig'd to sit on the Lord's Day. I hope your Grace will let me know H.M. pleasure on this head. Signed, J. Belcher. 2¾ pp. [C.O. 5, 898. No. 94.]
Aug. 25.
Whitehall.		 381. Mr. Wheelock to Lt. Governor Gooch. Transmits Order in Council repealing act laying a duty on liquors etc. (v. 6th July), and duplicate of letter of 27th May. [C.O. 5, 1366. pp. 78, 79.]
Aug. 25.
Whitehall.		 382. Council of Trade and Plantations to the King. An act was pass'd in your Majesty's Colony in Virginia in Oct., 1705, against importing tobacco from Carolina and other parts without the Capes of Virginia; and in 1726, another act was pass'd for the more effectual preventing the bringing tobacco from North Carolina and the bounds in controversy; We have lately received a memorial on the part of the inhabitants of Albemarle County in North Carolina, setting forth the great hardships they labour under, from being denyed the liberty of exporting their tobacco to Great Britain from the ports in Virginia. Where- upon we beg leave to represent to your Majesty that the only commodious port in North Carolina is at Cape Fear, scituated near the southern boundary of that county, so that if those planters who are settled to the northward near the borders of Virginia, are cut off from all communication with that Province both by land and water, as these acts import, they will lye under very great difficulties in exporting their tobacco to Great Britain, therefore will probably desist from planting that commodity, and turn their industry to other manufactures, which may be attended with very bad consequences to the trade of this Kingdom, from whence the inhabitants of North Carolina have hitherto taken considerable quantities of British manufactures, which they have been enabled to pay for by their tobacco. These laws are therefore manifestly disadvantageous to the trade of this Kingdom, and it would seem to us, highly unreasonable, that any of your Majesty's subjects should be debar'd from the liberty of making use of any ports belonging to your Majesty, or from carrying on any legal trade not prohibited by the laws of Great Britain in any part of your Majesty's Dominions; We likewise conceive that these laws are inconsistent with an Act of Parliament, 25th of K. Charles II, for the encouragement of the Greenland and Eastland trades etc. By this last act, the productions of the British Colonies in America are allowed to be exported from one English Province to another, under certain duties etc. For these reasons we humbly beg leave to lay these laws before your Majesty for your disallowance. [C.O. 5, 1366. pp. 76—78.]
Aug. 25.
Whitehall.		 383. Council of Trade and Plantations to the Committee of the privy Council. In obedience to orders of 7th July, have heard the merchants of London, Bristol and Liverpool in support of their petition against the Act of Jamaica for raising several sums of money etc., and likewise Mr. Sharp in defence of it. This act lays a duty of 15s. on negroes imported and 30s. on negroes exported, and 100l. on convicts imported etc. This act so far as it relates to duties on negroes is a burthen upon the British trade and navigation and contrary to Governor Hunter's additional Instruction, 13th Nov., 1727 etc. Altho' H.M. was graciously pleased by his said instruction to allow that the Assembly might lay such a tax on the negroes of the said island bought there as they should think fit, yet this indulgence was never designed to be extended to the present case, where duties of import are laid upon all slaves imported, whether the property be changed or not, during their stay in the island, and a duty of export also laid without any exception for such slaves as should be imported only for refreshment, which must necessarily affect all slaves brought thither on account of the Assiento contract, etc. The duty upon convicts is a strong infringement of the Act of Parliament etc. for the further preventing robbery etc., and for the more effectual transportation of felons, which extends to all H.M. Plantations in general; but by this exorbitant duty is now become impracticable with relation to Jamaica. For these reasons therefore we should propose to your Lordps., that this act might be laid before H.M. for his disallowance. But forasmuch as the same is only a temporary law; that it will expire in Feb. next, that it would be some time before H.M. disallowance could reach Jamaica, and that the duties raised by this law are in part applicable to the additional subsistence of the two regiments now in that island; considering also that we have lately proposed to H.M. that the soldiers of the said two regiments after filling up the independant companies their to their full complement may be disbanded and left in Jamaica for the defence of that island provided the Assembly will settle them to their entire satisfaction, which must be a considerable expence to the Colony, we would submit to your Lordps. in the present situation whether it may not be adviseable to suffer this act even bad as it is to have its effect. But at the same time, lest the Assembly should be thereby encouraged to make any attempts of the like nature on the Trade and Navigation of Great Britain for the future, we would humbly propose that your Lordps. should advise H.M. to signify his dissatisfaction of this proceeding to Major General Hunter, and to command him upon pain of his royal displeasure to adhere more strictly to his instruction for the future. And since the Assembly of Jamaica have made so bad an use of H.M. indulgence to them in his abovementioned Instruction, we would further propose that the Governor should be absolutely forbid for the future to give his assent to any law imposing duties upon slaves imported payable by the importer and upon slaves exported, that have not been sold in the island and continued there for the space of twelve months: But ye merchants are willing and we have no objection to their laying duties upon the purchase of slaves in Jamaica, to be paid by the purchaser, and not by the importer, provided the South Sea Company and their Factors be exempted from paying any duties for such slaves as shall be consigned to them, or which they may purchase there from the traders to the coast of Africa in order to fulfill the Assiento contract. And should your Lordps. concur with us in opinion with respect to the future regulation of these duties, we would take leave to propose that the same might be made a general rule for all the Plantations, and that Instructions may be prepared accordingly for H.M. Govrs. of the several Colonies in America. [C.O. 138, 17. pp. 344–349.]
Aug. 26.
Hampton
Court.		 383. John Coureand to Governor Belcher. Encloses following by order of the Duke of Newcastle. Signed, Jno. Coureand. Annexed,
383. i. H.M. Additional Instruction to Governor Belcher. Hampton Court, 13th Aug. 1731. As proposed Aug. 10, supra. Copy. Signed, G. R. [C.O. 324, 36. pp. 282–284.]
Aug. 26.
Whitehall.		 384. Mr. Wheelock to Robert Lowther, late Governor of Barbados. Enquires what the value of the perquisites of a Governor of Barbados may be, one year with another. [C.O. 29, 15. p. 231.]
Aug. 26. 385. Mr. Yeamans to Mr. Wheelock. Submits a book containing the collection of the general Acts of the Leeward Islands and of the Acts of Antigua, which was returned to Antigua for a public attestation at the request of the Board.A law is now subjoined confirming and establishing this collection, but relates only to the acts of Antigua, as it was concieved that the general laws could not be attested by the Legislature of Antigua etc. Continues :—"It was purely owing to recommendation of my Lords Commissioners signified to the Councill and Assembly, I think, by the late Governor Hart, and the assurances that were given them that the collection when compleated should be printed at H.M. expence, that the island was at first induc'd to undertake this troublesome and chargeable work." Prays that the matter may be considered, and the law subjoined recommended for confirmation. Signed, John Yeamans. Endorsed, Recd., Read 26th Aug., 1731. 2½ pp. [C.O. 152, 19. ff. 64–65v.]
Aug. 27. 386. Representation of the General Assembly of Barbados to the Council of Trade and Plantations. The said Island has for many years past been a very profitable colony to G. Britain, as well by its produce and import of sugar, rum, molosses, cotton, ginger and aloes, as by its taking off from thence great quantities of woollen and other manufactures and goods that pay duties to the Crown, (which by means of ye Barbados trade, are part consumed among the inhabitants of the said island, and other part thereof are exported from Great Britain to Africa and Madera and the Northern British Colonies, for the purchase of negroes, wine, fish and other goods for the use of this Island, and thereby numberless hands have been employ'd in H.M. Kingdoms and Territories, and great revenues have accrued to the Crown) and has also been a great support to H.M. Northern Colonies, and given a very great and profitable vent to their fishery and other produce as also to the produce of Ireland: Besides employing in those several trades great numbers of shipping and seamen etc., and after all has used to leave a considerable ballance in England to the benefit of the national stock. The intrest of this Island and all other H.M. Sugar Colonies is closely united with that of Great Britain, and all those Sugar Colonies must ever be dependent on it, and be supply'd from thence, because they have no trade or manufactures which can interfere with those of Great Britain. Within these few years great improvements have been made by the French and Dutch in their Sugar Colonies, and great and extraordinary encouragements have been given to them, not only from their Mother-countrys, but also from a pernicious trade carried on to and from Ireland and the British Northern Colonies, and have to spare for Holland, Germany, Italy and other parts of Europe, and the French and Dutch Sugar Colonies have lately supply'd the Northern British Colonies with very large quantities of melosses, for the making of rum and other uses ; and even with rum of their own manufacture, to the vast prejudice of H.M. Sugar Colonies, as rum is a commodity on which next to sugar they mostly depend, and have had in return for such sugar, rum and molosses, shipping, horses, boards, staves, hoops, lumber, timber for building, fish, bread, bacon, corn, flower and other Plantation necessaries, at as easy rates as H.M. subjects of the Sugar Colonies have. And the continual supplies received by the French and Dutch from the Northern British Colonies, have enabled them to put on and maintain a great number of slaves on their plantations, and to enlarge their sugar works and make new settlements in new fertile soils, and at the same time cost little, being now purchased chiefly with molosses, which before the late intercourse between the foreign Colonies and the Northern British Colonies, were flung away, as of no value. And thus the French and Dutch Colonies are daily improving, while H.M. Sugar Colonies are apparently declining, and instead of supplying, as they used to do, France and Holland, and many other parts of Europe with sugar, are now almost confined to the home consumption in Great Britain, and are in a great measure excluded from the Kingdom of Ireland, and the Northern British Colonies, who, instead of sending their produce as usual, to H.M. Sugar Colonies, and taking rum and sugar in return, do now often send it directly to the foreign Sugar Colonies in exchange for the produce of those foreign colonies: and whenever they do send their produce to the British Sugar Colonies, they insist upon being paid for it in cash, which they export to, and lay out among the foreign Sugar Colonies, in the purchase of the very same goods that they formerly used to supply themselves with from H.M. Sugar Colonies, to the enriching the foreign Sugar Colonies, and impoverishing His Majesty's. The mischiefs arising to H.M. Sugar Colonies from this commerce (which is apparently in derogation and evasion of the 5th and 6th Articles of the Treaty of Peace in America etc., 1686), are very many and evident, and will increase more and more, if some effectual stop be not put to it. Martinico is now arrived to a very great pitch of prosperity and power, and affords new supplies of people for settling the neighbouring islands of Dominico, St. Vincents and Sta. Lucia; and Guardaloupe, Grand-Terre, Marygalante, Granada and Cayene encrease and flourish in proportion: and on Hispaniola, the French spread so fast as to become formidable to their neighbours, whilst many of the planters in the British Sugar Colonies and particularly in this Island, have been and daily are necessitated to forsake their ancient well built estates and shelter themselves in Pennsylvania, New York and other Northern British Colonies. This apparent increase of the riches and power of the French Sugar Colonies is in great measure owing to the commerce aforesaid, which is destructive to the British Sugar Colonies, but highly advantageous to the French, who thereby find a vent not only for their sugar, but also for their rum and molosses etc., and have those supplies of lumber, horses and plantation stores, without which they never could have enlarged or supported, nor can support their sugar plantations etc. Other causes contribute to make H.M. Sugar Colonies decline and the French Sugar Colonies flourish. The French Sugar Colonies receive the greatest encouragement from their Mother Country, and their duties are less than ours. The French King is daily sending men to his Sugar Colonies, and pays their passage thither, and maintains them there a year after their arrival. He encourages their trade to Guinea by giving a prœmium for every negro imported thither from Africa. He remits one half of the duty upon such goods of the produce of his Sugar Colonies as are brought home in return for such negroes. He maintains the fortifications in his Sugar Colonies. He permits Spanish ships to trade with them, and particularly for pieces of 8/8 in exchange for flower and other goods, wch. they get from the British Northern Colonies in return for their sugar, rum and molosses. He permits them to trade to the Spanish Islands of Margaritta, Trinidado and Porto Rico, and he allows them to send directly to the ports of Spain sugars of all sorts (except raw or muscovado sugars) and also all other goods of the product of the French Islds. in America, paying a duty of one pr. cent, only on exportation, without first importing them into France. Whilst on the other hand H.M. Sugar Colonies have no such encouragements. The inhabitants of this and all other H.M. Sugar Colonies are obliged to carry their sugars and all other enumerated goods first into Great Britain, after paying in the Colonies where they are produced (Jamaica excepted) a duty of 4½ p.c. in specie on exportation, before they can carry them anywhere else (except to the other British Colonies) and are obliged upon exporting them afterwards from Great Britain, to leave in England a duty of near 2 p.c, and are put to the risque of a double voyage, besides the charge of it, which amounts to not less than 20 p.c. more. H.M. subjects of this and other his Sugar Colonies pay upwards of 10 p.c. more than the French and Dutch do, for what sugar is carried to H.M. Northern Colonies and consumed there, by which means those Colonies are mostly supply'd with foreign sugar, to the prejudice of the Plantation duties (being part of the aggragate fund, which might otherwise be greatly increased) and altho' the French and Dutch subjects of the Sugar Colonies do so send their sugar as well as their rum and molosses to the Northern British Colonies, yet the subjects of H.M. Sugar Colonies are restrained from vending their produce to the French or Dutch Colonies, and at the same time H.M. subjects of the Northern British Colonies and Ireland have that advantage. And the French are at liberty to send their sugars directly to Ireland, without first importing them into Great Britain, and paying a duty there to H.M., which H.M. subjects of the Sugar Colonies are obliged to do, and they are supply'd with beef and other provisions directly from Ireland on as easy terms as H.M. subjects are. Those and many other advantages the foreign Sugar Colonies, and especially the French have over H.M. Sugar Colonies, and particularly this Island, whom it has pleased the Almighty God in his good Providence to afflict lately in a more especial manner by a most violent tempest and hurricane, which began on the 13th day of this instant August, and lasted all that and the succeeding day, with the utmost fury, to the inexpressible terror and immense damage of the inhabitants, who have had not only a great many of their cornfields, plaintain-watks, fruit and timber trees blown down, broken or torn up by the roots, and their canes damaged, but their dwelling-houses, windmills, boyling-houses and other their best and most substantial buildings, some of them wholly demolished, and others overset, rent, uncover'd or otherwise greatly damnify'd; and so general has the calamity been, that there is scarce a person throughout the whole Island but who has received a considerable loss by this dreadful storm, the consequences of which are still more grievous, for that there is not in this Island (nor has been here for some years since that pernicious trade between the Northern British Colonies and the foreign Sugar Colonies began) lumber sufficient to repair a tenth part of the buildings damaged by this tempest. This scarcity of lumber is one of the many mischievous effects of that trade, and great is the number of our poor inhabitants, who now have no place to lay their heads in, and ly exposed to all the injuries of the approaching rainy season for want of those northern supplies which our neighbours the French are plentifully furnished with. So great is our present desolation that many of the poorer inhabitants, unable to rebuild their ruined houses, will be driven to quit the Island; and thus our strength decays, and at the same time the exorbitant power of the French at our very doors, threatens us with instant destruction in case of a war. For their isles are full of men and arms, whilst the inhabitants of this Island grow every day thinner, and want allmost everything necessary for their defence. But should a war not happen, yet the British Sugar Colonies will still be in danger of being lost to the British Nation, unless some speedy care be taken to save them from the ruin now impending over them: and if they are lost, Great Britain will lose the export of all the British manufactures now taken off by the Sugar Colonies, and the whole benefit arising from the importation of their product. Our Navigation and seamen must necessarily fall off and diminish, the African trade as chiefly depending on the Sugar Colonies must decay: and our sugar-works and other plantation stock and utensils become of no use, and thereby so much wealth will be sunk and lost to the British Nation. And in that case too, such of the Northern British Colonies as now court a French trade and French dependance, will soon be reduced to a condition too wretched to be named, and an end be put to the British Empire in America; But may God avert those evils ! Nor are we without hopes that the British Sugar Colonies may still be preserved, and even restored to their former flourishing condition, if timely measures be yet taken for removing the many and great disadvantages they now ly under in point of trade; and proper encouragement be given them. Whether a prohibition of the importation of all sugar, rum and melosses of the growth, product or manufacture of any of the Plantations in America, which are not in the possession of or under the dominion of His Majesty, into the Kingdoms of Great Britain or Ireland, or any of H.M. Colonies or Plantations in America, or any other H.M. British Dominions, or a total prohibition of trade between the Northern British Colonies and the foreign Sugar Colonies, or of any particular branches of trade, as namely those of horses and lumber, or the granting H.M. subjects of the Sugar Colonies the like advantages in their trade, as the subjects of the foreign Sugar Colonies now actually have, whether all or any of these, or what other measures in particular may be proper and sufficient to attain the good ends desired etc., we presume not to say ; but humbly hope that your Lordships will be pleased to take the premises into consideration and thereupon do what to your Lordships in your great wisdom shall seem fitting. Read and agreed to nemine contradicente 27th Aug., 1731. Signed, Robt. Warren, Clk. of the Assembly. Endorsed, Recd, (from Mr. Foster) 25th, Read 28th Oct., 1731. 3½ large pp. Torn. [C.O. 28, 22. ff. 132–133v.]
Aug. 27.
Boston.		 387. Governor Belcher to the Duke of Newcastle. Since the closing my last I have by the advice of H.M. Council adjourned the General Assembly for a month, altho' there's no money in the Treasury for the defence of H.M. Government and the protection of the inhabitants. I now inclose the Representation mentioned to be made to the several towns, and I earnestly pray for H.M. especial order in this important affair. Signed, J. Belcher. 1 p. [C.O. 5, 898. No. 95.]
Aug. 27.
Boston.		 388. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, J. Belcher. Endorsed, Recd. 9th, Read 19th Oct., 1731. 1 p. Enclosed,
388. i. Journal of House of Representatives of the Massachusetts Bay, Aug. 18, 1731. Printed, by Thomas Fleet. Endorsed as covering letter. 14 pp. [C.O. 5, 873. ff. 220, 221v.—228v., 229v.]
Aug. 28.
Hampton
Court.		 389. Lord Harrington to the Council of Trade and Plantations. Encloses following for their report. Signed, Harrington. Endorsed, Recd. 29th, Read 31st Aug., 1731. 1 p. Enclosed,
389. i. Extract of letter from Mr. Finch, H.M. Envoy Extraordinary at Stockholm to Lord Harrington. Stockholm 5th May, 1731. There is a project to carry on at Gottenburg a trade directly to the West Indies, in order to buy raw sugar and tobacco at first hand which are to be refined and manufactured here, a ship is actually bought for this trade, but so great a mistery is made of it, that I cannot give your Lordship any distinct account about it, tho' I am told that it is grounded on a grant of some place in America made formerly by the Dutch to a Prince of the House of Hanau, an account of which is to be found in Dr. John Becker's Political Discourses in Dutch p. 1032 etc. Same endorsement. Copy, ¾ p.
389. ii. Extract of letter from Same to Same. Stockholm, 11th August., 1731. Continues: Besides [the above grant] Count Bonde told me that they have their view on the Island of Tabago, which it is said was granted by King Charles II to James, Duke of Courland, the present Duke offering now to make a cession of it for a summ of money to this Crown. Count Bonde desired me in a friendly manner to inform him if I knew any particulars relating to this matter, and whether the Crown of England had still any pretensions to it in order to form the opinion of the Chancery etc. I have sent to Upsala to see if anything is to be found in Rymer's Fœdera relating to it etc. Same endorse- ment. Copy. 1½ pp. [C.O. 388, 30. ff.247.28.]
Aug. 28.
Horringer. 		390. Capt. Davers to Mr. Brudenell. I find some people are very solicitous to have my seat in Counsill in the Iland of Barbadoes, insinuating that I never intend to goe there again etc. My interest will oblige me to goe there if my inclinations did not prompt me to it etc. Hopes to be continued in the Council etc. Signed, J. Davers. Endorsed, Recd., Read 31st Aug., 1731 Holograph. 1 p. [C.O. 28, 22. ff. 85, 86v.]
Aug. 30. 391. Sir W. Keith to the Council of Trade and Plantations. Haveing observed with great attention what was said at the Board on last Wedensday to the Switz petitioners etc. (v. 10th Aug., 1st Sept.), and being myself fully convinced of the many and great advantages which would most certainly accrue to the public interest of this Kingdom by such a settlement, I should be very sory if so noble a design was altogether laid aside etc. Continues: If H.M. could be moved to appoint a fit person with proper authorities to grant those lands to such as should actually come to setle there, under the same conditions which were proposed by the Board to the Switz petitioners, I am perswaded the encouragement could be sufficient to invite forreigners as well as others thankfully to accept of it etc. As the person so appointed must be invested with the necessary powers of governing and directing the first settlement of so important a Colony, he ought to be a man of experience in military as well as civil affairs, possessed of a character in all respects equal to the trust and likeways upon the spot to execute it with effect. Collo. Spotswood whose present situation in Virginia is in a maner contiguous to the proposed settlement seems to be of all others the fittest person etc. His integrity and great abilities are well known to your Lordships etc. Your Lordships will do me the justice to believe, it is my regard for the public service, and not any privat view to myself which has induced me to lay these maters before you etc. Signed, W. Keith. Endorsed, Recd. 30th Aug., Read 21st Sept., 1731. Holograph. 1¾ p p. [C.O. 5, 1322. ff. 177, 177v, 178v.]
Aug. 30.
Whitehall.		 392. Mr. Wheelock to Mr. Fane. Encloses, for his opinion in point of law, act of Antigua, 1731, to enable Henry Lyons of Antigua, gent., to dispose of certain lands etc. [C.O. 153, 15. p. 111.]
Aug. 31.
Whitehall.		 393. Council of Trade and Plantations to the King. Storehouses have been lately built at your Majesty's expence, at English Harbour in Antigua, which has been thought a proper place for careening and refitting ships of war on that station etc. The people of Antigua have granted your Majesty a proper tract of land contiguous to the said harbour, upon which they have at their own charge erected a stone fort for the defence of your Majesty's ships and storehouses and they humbly pray that your Majesty will be pleased to grant them twelve peices of cannon, to be mounted in the said fort, six of which they desire may be twelve-pounders and the rest eighteen pounders, with carriages, rammers, sponges, ladles, and all other necessaries requisite. Whereupon having discoursed with Colo. Cosby, considering that it is highly expedient for your Majesty's service, both for the defence of the said store-houses, and the security of the harbour, that the fort should be furnished with proper ordnance and the necessary stores of war, we take leave humbly to propose that your Majesty should be graciously pleased to comply with their request. [C.O. 153, 15. pp. 111–113.]
Aug. 31.
Portsmouth
in New
Hampshire
in New
England in
America.		 394. Address of Members of Council, Judges, Justices and other officers and inhabitants of New Hampshire to the King. Refer to former address expressing gratitude for continuing a Governor so acceptable to the people. Continue: Notwithstanding which, some restless persons for about three weeks past, have been endeavouring to disquiet the minds of the weaker sort amongst us in order to memorial "the Governourto the Lords of Trade etc. as a person not a friend to the Province, and to pray that New Hamps. may be no longer under the Governour of the Massachusetts Bay; wch. essay gives birth to the present Address etc. For in duty to our Sovereign, in honour to our Governour, in faithfullness to the Province, and in justice to ourselves we cannot be dumb on such an occasion, but most humbly crave leave to bear testimony against an attempt (tho' never so unlikely to succeed), wch. tends to sap the very foundation of our happiness etc. Your Majesty's Councill can witness the Governour's solicitous concern for the settlement of the divisional line between the two Provinces, and his unwearied endeavours to accomplish it with the strictest impartiality; which is what we earnestly supplicate may have as speedy an issue as is consistant with your Majesty's royal pleasure ; for the longer the difference lyes open, the greater are the mischiefs wch. attend it. But to return to His Excellency, What is it that we can't all say, (without a compliment) even the little number of discontented, themselves, in praise of our Governour whose administration is so wise, so just, so equal, and to such universall acceptance, and who will without any question make such unbiased remonstrances to your Majesty upon this unfortunate misunderstanding as may be a means at last to bring it to a happy issue. May it please your Majesty, this your Majesty's Province is so small, the people so few and in general so poor that it makes the settlement of the lines still more necessary, and is no bad argument to enforce our humble request for being continued under the Governour of the Massachusetts Bay, and especially him who at present is, and we hope will long continue in that station. For we have done our utmost already, even to our almost undoing, in fixing so large a sum for the Governour's sallary, pursuant to your Majesty's Instruction, and if more should be required to support the dignity of a resident Governour, we can forsee nothing but inevitable ruin: and besides if we should again be visited with a French or Indian war, or both (as at this juncture we are threatened,) then yet more deplorable would our condition be, for now we can ask succours (as occasion may require) from the common Father of both Provences, with hopes of success ; but how it may be upon a different footing God alone knows. Numberless arguments we humbly concieve might be used to induce yr. Majesty's favour in continuing us under our present Governour, but your Majesty's consummate wisdom, as well as goodness makes them unnecessary, and as we know what has been offered (by any who are the troublers of our Israel) in a way of impeachment of H.E. conduct, can't fail of redounding to his honour (even without a reply) so we shall attempt no particular answer, but leave that to himself if he shall think it worth his while. Pray for H.M. long and glorious reign etc., "and when the period of mortal life expires, that your Majesty may be translated to the mansions of bliss, and there reign with the King Eternal for ever and ever. With humble obeysance we now withdraw from your Majesty's presence" etc. 72 signatures. 4 pp. [C.O. 5, 10. ff. [92–93v. old.]
Aug. 31.
Whitehall.		 395. Mr. Popple to Robert Jackson, late Minister in Sweden. The Board desires to speak with him concerning some papers referred to them relating to trade from Sweden to the West Indies, and concerning Tobago. [C.O. 389, 28. p. 453.]
Aug. 31.
Whitehall.		 396. Mr. Wheelock to Robert Jackson. The Board desire the favour of speaking with you etc., having under consideration some papers referred to them received from Mr. Finch, H.M. Envoy Extraordinary in Sweden relating to the trade between that Kingdom and H.M. Dominions. [C.O. 389, 28. p. 453].
Aug. 31.
Boston.		 397. Governor Belcher to the Council of Trade and Plantations. Abstract. He wishes he was rid of Lt. Govr. Dunbar, who, he hears, is representing that he has debarred him of all the perquisites of a Lt. Governor, which he supposes arises from his orders relating to passes for vessels to pass the fort. It is doubtless the Lt. Governor's duty to give them in the manner he directs, but suspecting that he would not do so, he sent passes of his own, that the trade might not suffer. Thereupon, the Lt. Gov. sent (27th Aug.) a paper to the Collector, copy enclosed. Till he refused signing the passes in conformity with these orders, he always gave them and received the perquisites of them. The great difference between them is whether he shall control the Governor, or be subject to him. He will suffer no insult from Col. Dunbar. For 30 years it has been ruled from home, that the Governor of both Provinces was always present in each when in either, and the Lieut. Govr. did everything by the Governor's orders; and the late Lt. Govr. Vaughan was dismist in Govr. Shute's time for presuming to do otherwise. If the present Lt. Govr. will behave with proper respect and good manners, and ask him, as a favour, for what his predecessor enjoyed, he shall have it. He hopes the Board will never countenance the thirst he has to subvert all good order and government. Signed, J. Belcher. Endorsed, Recd. 15th, Read 19th Oct., 1731. 2 pp. Enclosed,
397. i. Copy of Aug. 20 encl. vii. Subscribed, Whereas the chief Governor has sent blank lett passes from Boston for all vessels to pass the port and is pleased to claim all perquisites, he may also send blank registers and all other papers for which there are fees paid etc. for I do not think fit to do any act, whereby to receive any perquisite till the question is decided etc. Signed, David Dunbar. Copy. Endorsed as preceding. 2½ pp. [C. O. 5, 873. ff. 230, 230v., 231v.–233v.]
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