America and West Indies
April 1738


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'America and West Indies: April 1738', Calendar of State Papers Colonial, America and West Indies, Volume 44: 1738 (1969), pp. 59-74. URL: Date accessed: 22 October 2014.


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April 1738

April 2.133 James Oglethorpe to [Duke of Newcastle]. Mr. Crow acquainted me that you desired to know what forts there were in the province under my command and what had been demolished. There is Fort Moor, Fort Prince George, Johnson's Fort, Fort Argyle and several others. There was also Fort King George, or Fort St. George, which lay upon that part of the Alatamaha nearest to the river which the Spaniards call St. John's. This fort the Spaniards would willingly have us believe is upon the River St. John's but it is on the Alatamaha and not on the River St. John's, though it is not far from it. The Spaniards remonstrated to me that keeping a garrison in that fort gave them a jealousy in respect to their navigation of the River St. John's and that if I would withdraw the garrison from thence and pull down the palisades, it would take away all jealousy and they would answer that it should not be possessed by any Spaniards. Upon these assurances, to take away all jealousies and secure the continuance of friendship with the Spaniards, upon articles signed with the Governor and Council of War of Augustine, I did withdraw that garrison and take away the palisades etc. The Spaniards, though they pretend to all Carolina as far as 330 30' N. latitude, have no colour of right to anything beyond the River St. John's except it should be to a place called St. Francis de Pupa which is to the west of the river and not to the north of it. They cannot pretend to anything that they were not possessed of in 1670, and the English were not only possessed of those countries long before 1670, when Sir Francis Drake erected Fort St. George in the reign of Queen Elizabeth and took Augustine, but pursuant to the charter of Charles II granted to the Lords Proprietors, Governor Sale in 1668 was in possession of Carolina in their name as far as the bounds of that charter; and Fort St. George and consequently all to the north of it lies within the bounds of that charter. So that subjects under the crown of England were possessed of all that part of Carolina called Georgia at the time of the treaty of 1670; and the king's independent company did not withdraw from Fort King George on the Alatamaha till 1727 when they withdrew by reason of a scarcity of provisions. On H.M.'s being informed that the company had deserted that post, he by his instructions to Robert Johnson, Governor of South Carolina, ordered them to return to their post; and in 1734/5 H.M.'s orders were obeyed and the company returned to the Alatamaha; and all the time the company was withdrawn, the Indians, vassals to H.M., continued in possession of the same and the Spaniards never pretended nor dared to attempt any possession of those grounds. I thought it was proper to explain to you the matter of this disputed, and now demolished, fort since it is what you desired chiefly to be informed of. The Spaniards in America never pretended to any other forts unless their general pretension to all Carolina as far as 33½° may be called claiming of the forts. Signed. 3½ small pp. Endorsed, Copy sent to Mr. Keene, 12 April 1738. [C.O. 5, 654, fos. 131–132d.]
April 3.
New York.
134 Lieut.-Governor George Clarke to Duke of Newcastle, acknowledging letter of 30 November to Lord Delawarr, H.M.'s instruction relating to the form of prayer for the royal family which I have obeyed, and the papers relating to Burrows, master of the sloop Happy. One Verplank, a merchant of this place, who freighted the sloop, some time ago came to me and acquainted me that he was informed by private letters that Burrows had not behaved as he ought at Sallee. Burrows being here, I told Mr. Verplank that I would send a messenger to bring him before me in council, and I desired Mr. Verplank to attend. Burrows was brought but Verplank did not come, not being willing as I was informed to show himself in a matter whereof he had no proof. I examined Burrows, however, in council, copy of whose examination I send you. The council were of opinion that as no proofs appeared against Burrows he ought to be discharged. However, judging there was some foul play, I directed the judge of the Admiralty to have him taken up and to oblige him to give security to answer. He did so, and I have now directed the advocate-general to file a libel against him. It is thought Burrows will not come hither again in haste, regardless of his sureties. He is a Bermudian and properly belongs to that island, though he often freights here.
I thank you for your protection to my son and implore the same for myself. For though the difficulties I struggle with and my sufferings have been great, yet I dare not pretend to any merit that may hope for your notice. I hope for your protection that after the heat and fatigues of the day I may enjoy some fruits of my labour. I had the melancholy news of her Majesty's death in the public prints long before I received your letter, and have not only put my own family in mourning but signified my intention of so doing beforehand that the town might do the like. I wish I could say my example was universally followed. I am sure there never was an occasion which administered more real cause of grief to a people who admire virtue, love our constitution, are zealously attached to the Protestant succession, heartily profess the religion of our country and abhor the thought of despotic power. But yet there are some, insensible of the greatness of this cruel stroke of fate, who had that indifference for it (to say no more of them) that, though they were well able and rank themselves with the foremost of the principal people of the town, yet did not put themselves in mourning, pretending that they had made themselves the joke of the town for doing it on the late king's death, though now they have made themselves the contempt of it. I would not trouble you with this if one of them whom I have formerly recommended to be of the council was not in that small number, Mr. John Moare, a merchant of this town; but that circumstances provoke me and I should think myself answerable if I was silent under it. For my own part I never was so shocked as on this melancholy occasion, my heart and thoughts are full of it, as I believe is every good subject's, and if anything can atone for my impertinence it must be the distraction of my mind. Signed. 4 pp. Endorsed, Recd. 31 May. Enclosed,
134. i. Examination of Edward Burrows, master of the sloop Happy of Bermuda, taken at a council held at Fort George, New York, 26 August 1737, in the presence of the lieut.-governor and the gentlemen of the council. The examinant says that in September last Mr. Gulian Ver Plank of this city freighted his sloop for Cadiz with a loading of wheat flour, that he proceeded to Cadiz and thence went to Sallee. He stayed at Cadiz 30 or 31 days and there delivered his flour to Mr. Smith, one of the merchants there, to whom he was consigned. Mr. Smith ordered him to shift his wheat into bags that were before stowed in bulk and proceed with it to Sallee, which was sent consigned to Mr. Brouillet a merchant there. He delivered the wheat to Mr. Brouillet who on the sloop's arrival sent boats to take it ashore and sent a note to this examinant to come ashore. As soon as he landed, Mr. Brouillet told him he was sorry to see him there; presently upon that, twenty soldiers came and carried him with an interpreter before the bashaw who was sitting at some distance upon a rock near the beach, and when brought before him he was told by the interpreter that the bashaw wanted this examinant's vessel, on which the examinant desired the interpreter on what account. He was told the vessel was wanted on account of the new king of the Mequinos to go to Saphy to fetch some goods that were taken in a vessel commanded by one Captain Maxwell from Amsterdam. The examinant answered that his vessel was not capable of going that voyage, but it was replied to him that if he would not go they would take and send his vessel on that voyage and keep him there. Upon which the English consul and the other merchants there advised him rather to go the voyage and take care of his vessel than be kept confined there. The interpreter told this examinant that the bashaw said he should have for his service 200 dollars, but the consul and the other merchants there told him he must not expect a penny. When he went on board his vessel, he found about twenty-two Moors and a small quantity of sole leather. Being arrived at Saphy, the Moors sent his boat ashore with a pilot and the next day boats fetched off the goods and all the Moors except a guard of three. The ship was then loaded with oil, butter, skins and almonds, and, twenty Moors having come aboard, the examinant was ordered to go to Sallee. During the voyage the Moors turned him out of his cabin and told him the vessel was their's. On arrival at Sallee, all the Moors but three went ashore, leaving the examinant at anchor for eleven days, in which time no boat came to him. Being short of water, he went to Gibraltar. He remained there three days and then returned to Sallee and lay five days in sight of the town. A boat which he sent off to enquire why the Moors and the goods were not fetched off was driven back by high seas. He then went back to Gibraltar with the consent of the three Moors who were merchants, to whom he offered to deliver the goods aboard provided they would pay him for hire of the sloop. At Gibraltar they demanded the goods but refused to pay the hire. Before the judgeadvocate and Mr. Lynch, a merchant there, he offered to exchange securities, but the Moors refused and absconded. Mr. Lynch not being willing to take the goods, the examinant sailed to St. Eustatius and sold all that were not spoiled to the value of about 900 pieces-of-eight. Joseph Hunt, mate, John Young and William Graham, foremastmen, who went on this voyage, were left at Bermuda. Copy, certified by Frederick Morrice, Deputy Clerk of Council. 2¼ pp. [C.O. 5, 1094, fos. 46–49d.]
April 6.
St. James's.
135 Order of King in Council approving report of Committee for Plantation Affairs that Bermuda be supplied with 50 barrels of powder, 50 skeins of match and 10 reams of cartridge at a cost of 195l. 2s. 8d. which is to be an article in the next estimate of the Ordnance Board. Copy, certified by Temple Stanyan. 1¼ pp. Endorsed, Recd. 18 May, Read 31 May 1738. Enclosed,
135. i. Value of stores proposed for Bermuda. Signed, L. Smelt, clerk of Ordnance. ½ p. [C.O. 37, 13, fos. 46–48d.]
April 6.
St. James's.
136 Same, approving draft of instructions for Alured Popple, governor of the Bermudas. Copy, certified by Temple Stanyan. 2 pp. Endorsed, Recd. 18 May, Read 31 May 1738. [C.O. 37, 13, fos. 50, 50d, 53, 53d. Draft of instructions and instructions relating to trade and navigation in C.O. 5, 197, fos. 17–58d.]
April 10.137 Captain James Wimble, lately master and owner of the Rebecca, to Council of Trade and Plantations. The said ship was lost in a hurricane at Rum Key after being detained by Governor Woods Rogers at New Providence and then sent on government service, first to Exuma, then to Abico, and finally to Rum Key where she was lost. A copy of letter dated at London, 3 April 1738, from Chaloner Jackson and a copy of a certificate sworn 28 March 1738 in London by Richard Clarke that Capt. Wimble was obliged by hypothecation bond to proceed on a voyage from Boston to Cape Fair in North Carolina, are produced as supporting evidence. The loss of the ship was due to her being sent during the hurricane months among the Moroon Islands. Signed. 3½ pp. Endorsed, Recd. 11 April, Read 13 April 1738. [C.O. 23, 4, fos. 49–50d.]
April 10.
Annapolis Royal.
138 Lieut.-Governor Lawrence Armstrong to Council of Trade and Plantations, transmitting copies of letter and petition from Mr. Le Mercier, a French minister in Boston (who calls himself an Englishman by naturalization) in behalf of himself and associates, together with copies of the advice and opinion of the council thereon. Signed, 1 small p. Endorsed, Recd, from King Gould, Esq., Recd. 13 February, Read 16 February 1738/9. Enclosed,
138. i. Andrew Le Mercier, pastor of the French church at Boston, to Lieut.-Governor Armstrong; Boston, 6 March 1737/8. I have been told that no governor of Nova Scotia can give grants of lands except the grantees oblige themselves (according to H.M.'s instructions) to pay at least a penny sterling an acre yearly for the said lands. But the nature of the soil of the Isle of Sables, which for the most part is nothing but a barren sand, is such that I believe nobody will undertake it on these terms. Therefore I desire you only (if you can do no more) to secure unto me the property of the cattle and other things which I have put upon the island and to encourage the settling of it by me until H.M.'s pleasure be known about it and that you would be pleased to recommend my undertaking to H.M. if needful. I will freely pay any charges such as secretary's fees or others. Copy, attested by W. Shirreff, secretary. P.S. I am an Englishman by naturalization. 1 p.
138. ii. Proceedings of Council of Nova Scotia; Annapolis Royal, 1 April 1738. Agreed that the request of A. Le Mercier be recommended to the Secretary of State and the Council of Trade and Plantations, and that in the meantime a proclamation be made out forbidding all persons from killing or destroying any of the petitioner's cattle on the island. Copy, attested by L. Armstrong, W. Shirreff, secretary. 1 p.
138. iii. Petition of Andrew Le Mercier for himself and associates to Lieut.-Governor Armstrong, praying leave to settle the Isle of Sables and protection for their cattle already there. Such settlement would be a great advantage to persons shipwrecked on or near that island. Copy, attested by W. Shirreff, secretary. 1 p. [C.O. 217, 8, fos. 40–43d.]
April 11.139 Deed of surrender to Trustees for Georgia by Peter and Katherine Gordon of house and land at Savannah, proposing Ann and Susanna, daughters of Major William Cook, to be joint proprietors thereof. Entry. ¾ p. [C.O.5, 670, p. 346.]
April 11.
140 Thomas Hill to Attorney-General Dudley Ryder. The Council of Trade and Plantations have under their consideration the draft of a commission for Capt. Vanbrugh to be governor of Newfoundland so long as he shall continue upon that station. Commissions of this nature have always had in them power to constitute J.P.s but have not yet extended to the erecting of courts of judicature or commissions of oyer and terminer as is usual in the commissions of all other governors of H.M.'s Plantations. So that there remains at present no other trial for felonies committed in that island but that provided by 13th section of 25th chapter of the Act to encourage the trade to Newfoundland passed in 10 and 11 William III. But as the provision made by that Act has been found ineffectual, their lordships desire the same may be remedied by powers in the present commission to the governor for erecting courts of oyer and terminer in the said island. But being doubtful whether the prerogative may not be restrained by the words of the aforesaid Act in this particular, they desire to talk with you and the Solicitor-General upon that subject the first day you are at leisure to call at this ofice. Entry, 2 pp. Note: like letter to Solicitor-General. [C.O. 195, 7, pp. 407–9.]
April 12.
141 Council of Trade and Plantations to the King, proposing that George Clarke junior be appointed one of the council of New York in the room of Francis Harrison, resigned. Entry. Signatories, Monson, James Brudenell, Arthur Croft, R. Plumer, R. Herbert, 1 p. [C.O. 5, 1126, fo. 34, 34d.]
April 11.
142 Same to Duke of Newcastle enclosing draft of commission for Samuel Horsey to be governor of South Carolina and lieut.-general of the forces in South Carolina and Georgia, with representation thereon. Entry. Signatories, R. Plumer, Monson, R. Herbert, M. Bladen. 1 p. Enclosed,
142. i. Same to the King, 11 April 1738. The draft of Samuel Horsey's commission is in the usual form save only in such particulars as by your commands were to be altered in order to preserve Mr. Oglethorpe's military command. The necessary instructions will be prepared with all possible dispatch. Entry. Signatories, as covering letter. 1½ pp. [C.O. 5, 410, pp. 253–255; draft in C.O. 5, 381, fos. 264–266d.]
April 12.
Palace Court.
143 Minutes of Common Council of Georgia. Read letter of 19 January 1737/8 from William Stephens [see No. 29]; ordered that the secretary write to him and insert in the letter the clause in the printed terms offered to persons going at their own expense relating to females and acquaint him that the Trustees think proper to adhere to covenants made in their grants and that they will take the forfeit of grants of those who neglect to cultivate their lands. Read petition of Abraham De Lyon of Savannah for a loan of 200l. to help with the cultivation of vines; referred the same to committee of accounts. Ordered that the drugs Mr. Hawkins has sent an invoice of be bought and sent to Frederica; that 90 tons of flintstones, 2 tons of Swedish iron, 2 tons of Siberia iron and 2 cwt. of steel be bought for the churches at Georgia. Read report from committee of accounts that the provisions from Philadelphia may be properly paid out of the money for maintenance of servants, amounting to 847l. 5s. 8½d.; ordered that it be so paid Ordered that 45l. 19s. be paid for the mace for Savannah. The board being acquainted that the Three Sisters which delivered 120½ heads of servants in Georgia is arrived in England; ordered that 200l. be paid to Mr. Wragg on account of the said passengers till the extraordinary charge for want of a pilot at Tybee can be settled, and that the account of the said charge be referred to committee of accounts. Certified account for 504l. 9s. 11d. to Robert Ellis for provisions and firestones, dated 1 February 1737/8, was brought for payment; ordered that it be returned. Ordered that 2l. 10s. be paid to Mrs. Mary Cooper for rent of house in Savannah. Read petition from Peter Gordon and wife surrendering house and lot at Savannah and proposing Ann and Susannah Cook, daughters of Major William Cook, and their heirs male to be joint proprietors thereof; ordered that the house and lot be so granted. Resolved that 1,100l. be paid to Aid. Heathcote on account. Signed draft on the Bank for 1,850l. being the said 1,100l. and 750l. for payment of sola bills. Resolved that letters and papers received this day from Georgia be referred to committee of correspondence. 4¼ pp. [C.O. 5, 690, pp. 133–137.]
April 12.
Palace Court.
144 Minutes of meeting of Trustees for Georgia. Read letters from Thomas Hawkins dated 28 November 1737, from same dated 10 January 1737/8, from William Stephens dated 19 January 1737/8, from Thomas Causton dated 14 January 1737/8, from Mrs. Martha Causton dated 16 January 1737/8, and from Thomas Hird to Col. Oglethorpe dated 5 December 1737. 1½ pp. [C.O. 5, 687, pp. 66–67.]
[April 12.]145 Translation of part of a letter dated at Charleston, South Carolina, 9 April 1737, written in High German by Rev. Bartholomew Zouberbuhler to his son Sebastian Zouberbuhler in London. After a great deal of trouble the government of South Carolina resolved on 2 April to assist the people with three pettiagoes for transporting them and their baggage hence to New Windsor, but that in case they wanted more the people should provide them at their own charges. Whereupon the people, who absolutely refused to be at the charge of a sufficient number of petti-agoes and boats, came to me and told me that, as I had promised them that they should be carried to the place free of all charges, so they desired that I might provide them with a sufficient number of petti-agoes and, boats. Thus I found myself obliged to hire one petti-agoe over and above those provided by the government, for which I am to pay one pistole per diem; as also two trading boats to carry them and their baggage from Purrysburgh up the river to New Windsor, for the petti-agoes cannot go higher than Purrysburgh. All which expenses fell upon my account. And therefore you must see to find ways and means for discharging the said expenses.
Translation of part of a letter written by same hand at Charleston, 4 December 1737. The people employed four full weeks in going hence to Purrysburgh and seventeen days more thence to New Windsor, just at the time of the heavy rains and afterwards of the excessive succeeding heats, which being added to their hard labour has been the occasion of a great deal of sickness among them and even of deaths, so that forty of them died in a very short time. Certified, a true translation by Sebastian Zouberbuhler. 1½ pp. Endorsed, Recd, from Mr. Sebastian Zouberbuhler. Recd., Read 12 April 1738. [C.O. 5, 366, fos. 54–55d.]
April 13.
Hawk in Altamaha
River, Georgia.
146 Captain James Gascoigne to Harman Verelst, acknowledging letter of 13 December. I received the enclosed (last night) from Mr. Causton which came to him by express from Carolina. Being just cleaned and fitted I was designed to cruise off Savannah to meet the transports but have now changed my resolution (on this advice) thinking it most for the service to continue at this place to guard and keep open the southern passages and shall use all possible means to get the best intelligence from the southward, and to that purpose sail tomorrow. The depositions of some seamen belonging to the vessel wherein Lyford was only confirming the enclosed advice, I omit it. Signed. 1 p. Enclosed,
146. i. [Wigg and Woodward (fn. 1) ] to Thomas Causton; Beaufort, 6 April 1738. This day Capt. William Lyford arrived here. On 3rd inst. he was off the bar at St. Augustine and saw four sail at anchor, one seemed a ship of great force. They showed no colours and boats were coming and going from the town as if loading them. Capt. Lyford believes them to be a Spanish fleet bound to Georgia or this province. Copies of his and the affidavits of two of the men are sent to you, the originals to Charleston. Copy, certified by James Gascoigne. 1 p. [C.O. 5, 640, fos. 75–76.]
April 13.
147 John Martin Bolzius to Harman Verelst acknowledging letter of 14 December last and the resolution of the Trustees to increase the charges of building houses and a school house to 30l. sterling and allowing the last Salzburghers cattle, hogs, poultry and other necessaries which Mr. Causton will procure as soon as possible. We will never be wanting to beseech God for rewarding the Trustees sevenfold. We and our Salzburghers live in a very good health, being now very busy in planting their cleared ground, amounting to about 2000 acres of which they hope better crops than last year. Signed. 3 small pp. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos. 79–80d.]
April 13.
148 Council of Trade and Plantations to the King. We have prepared draft of a commission for Philip Vanbrugh, commander of Chatham, appointed governor and commander-in-chief in and over Newfoundland. In 10 and 11 William III an Act was passed to encourage the trade to Newfoundland wherein provision was made for the trial of all capital crimes (committed in Newfoundland) in England, since the passing of which Act some offenders have been brought over and usually tried at Exeter. But it has been frequently represented to this board by several of your former commodores and particularly by Commodore Lee in 1736 that such criminals cannot be brought over to England without a very great expense to you and the public and that their conviction is attended with many difficulties because the evidences in such cases do always endeavour to avoid being carried over to England, whereby they lose one year's fishery and likewise be subject to other considerable expenses and be obliged to return back to Newfoundland at their own cost. You have already in the first year of your reign granted a commission empowering the commodores on the Newfoundland station with several others for the time being to try criminals for all offences committed on the high seas or in any creek, harbour, bay etc. within the Admiralty jurisdiction, and also by commissions to the several commodores since 1729 to empower them to constitute and appoint J.P.s with other necessary officers and ministers for the better administration of justice and keeping the peace and quiet of the island and to hold quarter sessions according to the custom of England: all which powers have been put in practice without being attended with any inconvenience but are not sufficient to remedy the evils at present complained of. We therefore apprehend that criminals should be tried in Newfoundland as well for capital offences committed on shore as in a creek or harbour, and have therefore had the advice of your attorney-and solicitor-general who are of opinion that there is nothing in the aforesaid Act which does abridge your power of erecting a court or courts for trying capital offences in Newfoundland.
Whereupon we had added a clause in the same form with that given to the governors of your other Plantations in America empowering Mr. Vanbrugh to appoint judges and commissioners of oyer and terminer for trying all criminal causes and awarding execution thereupon; but as this power might be too much to be entrusted in the hands of judges and juries very little skilled in such proceedings we have added also the 67th article to his instructions whereby he is required to allow but one court of oyer and terminer in a year and that only when he or the commander-in-chief is resident on the place, and not to suffer any person to be executed pursuant to the sentence of such court until a report of such trial be made to you in council and your pleasure signified thereon, by which caution we are of opinion the great inconveniences attending the present method of bringing such criminals to trial will be removed and all the ill consequences that might be apprehended from the ignorance or partiality of juries then prevented, a sufficient time being thereby allowed for any person condemned to make application to you.
Commodore Lee in his answers to several enquiries relating to the trade and fishery of Newfoundland having informed us of an evil custom arisen in the curing of fish there, which does not appear to be provided against by the Act for encouraging the trade to that island, we have added the 68th article in order to find out some proper means to put a stop to an evil so very detrimental to that trade. These are all the alterations from those given to former governors of Newfoundland. Copy. Signatories, Monson, M. Bladen, Edward Ashe, R. Plumer. 6 pp. Enclosed,
148. i. 13 April 1738. Extract of Governor Vanbrugh's commission granting the powers mentioned in the above report. [Marginal notes indicating words finally omitted by the Council.] 3 pp.
148. ii. 25 May 1738. Order of Council on the above report. [See No. 240] Copy. 3 pp. [C.O. 194, 21, fos. 7–13b]
April 13.
149 Same to Duke of Newcastle enclosing draft of commission and instructions for Philip Vanbrugh to be governor of Newfoundland together with representation thereon. Entry. Signatories, M. Bladen, Arthur Croft, R. Plumer, R. Herbert. 1 p. Enclosed,
149. i. Same to King, 13 April 1738. Entry, of No. 148. 6¼ pp.
149. ii. Draft commission to Philip Vanbrugh, Governor of Newfoundland. Entry. 11 pp. [with note of words left out by the Council.]
149. iii. Draft instructions to the same. Entry. 50 pp. [C.O. 195, 7, pp. 409–477.]
April 14.
150 Same to same, transmitting draft of general instructions as also of those relating to Acts of Trade for Lewis Morris, governor of New Jersey, together with representation thereon. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer, R. Herbert. 1 p. Enclosed,
150. i. Same to King, 14 April 1738. The following are the alterations. In the first article we have inserted as usual the names of twelve councillors, vizt. John Hamilton, John Wells, John Reading, Cornelius Van Horn, William Provost, John Schuyler, Thomas Farmer, John Rodman, Richard Smith, Robert Lettice Hooper, Robert Hunter Morris, and Fenwick Lyell. Of this number the first five are actually in the exercise of that function, the remaining seven are recommended to us as persons well qualified. We have omitted the name of James Alexander who stands upon the old list of councillors because we have been informed he is a person not proper to serve in that station and represented the same to you in our report of 28 August 1735.
We have omitted the 28th article for laying as high duties on all goods imported in or exported from New Jersey as from New York, it being contrary to the general tenour of your instructions to all your other governors in America to lay any duties on British goods or shipping.
We have omitted the words 'New York' in the 31st article relating to the provision for the lieut.-governor in the absence of the governor, as likewise the proviso at the end of it which relates to the governor's going into Connecticut to regulate the militia. When both New York and New Jersey were under one governor this might be necessary but not at present. We have omitted the 57th article relating to the affirmation of Quakers, that being provided for by an Act passed in this province in 1727/8. We have likewise omitted the 91st article relating to the trial of pirates, Mr. Morris not being as yet appointed a commissioner for that purpose. Entry. Signatories, as covering letter. 4 pp.
150. ii. Draft instructions to Governor Lewis Morris of New Jersey. 86 pp. [C.O. 5, 996, pp. 408–498 (fn. 2) .]
April 15.
151 Governor William Mathew to Alured Popple, enclosing minutes of council and assembly of Montserrat for quarter ending 25 March last. I have no other public papers to transmit. Duplicate, recd, before original. Signed. 1 small p. Endorsed, Recd. 5 June, Read 9 June 1738. [C.O. 152, 23, fos. 149, 149d., 154, 154d.]
April 15.
152 William Stephens to Harman Verelst, referring to his letters of 19 January, 27 February and 29 March. At the same time you receive this you will also (I presume) have ample dispatches from Mr. Causton informing the Trustees in what a state of jeopardy we live here at present. I now enclose a continuation of my journal from 27 February to this time wherein I seldom fail to run even into the most minute passages that occur and am particular (I fear) to a fault. Herewith I send duplicates of letters of 27 February and 29 March. Your own imagination will inform you as well as I can what countenances we wear at this instant, some calm and resolute, some wavering and doubtful of the event, and others overcome with abject fears insomuch that they have been looking for some creephole out of the province for the safety (as they would have it believed) of their wives and families. The general cry is that the fort begun last year and carried to such a length not being since made defensible leaves them no place to retreat to for refuge in case they are overpowered. Should it come to such a push I am apt to think the dons however may meet with a reception they did not expect and there are not a few among us I see who are ready to dispute the rights of Georgia with them if they try it, which undoubtedly they were just ready for very lately when we little thought of it, as appears from the late informations, and would have visited us ere now had not the court of Spain providentially put a stop to it, as Preu deposes if he is to be credited. Nevertheless at best, as they acknowledge of themselves that their design is to build a fort on the Old Apalachee Fields, that will certainly raise contention among the Indians in separate alliance with them and us, and probably be the occasion of some ravage etc. In the meantime till we know further an absolute stop is put to any person's going out of the province that, howsoever their own courage may fail them, others may not become intimidated by their flight. It is to be hoped a few days more will give us a full view of the Spaniards' intentions and it is both hoped and wished that in as little time we may have the pleasure of seeing Col. Cockran and some true Britons at his heels who will effectually clear all doubts among us. We think it long since we were first bid to expect them which your letter of 13 December confirmed and thereby enlivened us all. Let it suffice at present to acknowledge yours of 14 December containing some short orders from the Trustees which I shall pay due regard to. Mr. Jenys (brother to him lately deceased and newly come to Charleston from London) having been with us in this town for two or three days and informing us that he designs to make his abode in Charleston for a year or two at least and that the house will be continued there in the same manner as formerly, I cannot scruple to commit this to his care, as Mr. Causton also tells me he shall what he has to send. Signed. 1½ pp. Endorsed, Recd. 12 July 1738. [C.O. 5, 640, fos. 81–82d.]
[April 17.]153 Memorial of Ralph Noden, agent for Bermuda, to the Council of Trade and Plantations, praying for a time to be heard against an Act passed in New York for laying a heavy duty on tonnage, which affects the trade of Bermuda. ½ p. Endorsed, Recd. 17 April, Read 18 April 1738. [C.O. 5, 1059, fos. 42–43d.]
April 19.
Palace Court.
154 Minutes of meeting of Trustees for Georgia. Received receipt from Bank for 2l. 2s., consideration money for grants to Capt. William Wood and James Carteret. ½ p. [C.O. 5, 687, p. 68.]
[April 19.]155 Address of condolence by Governor, Council and Representatives of Massachusetts to the King on the death of Queen Caroline. Signed, Jonathan Belcher, Governor, Josiah Willard, Secretary, John Quincy, Speaker. 1 large p. Endorsed, Recd. 29 June 1738 from Mr. Wilks. [C.O. 5, 10, fo. 337, 337d.]
April 20.
156 Council of Trade and Plantations to Duke of Newcastle, enclosing the following papers relating to seizure of English sloop by French. Signed, Monson, Edward Ashe, M. Bladen, R. Plumer. 1 p. Endorsed, Copy sent to E. Waldegrave, 11 May 1738. Enclosed,
156. i. Governor Mathew to Alured Popple, 1 March 1737/8. Copy, of No. 85. 1 p.
156. ii. Governor of St. Eustatius to Governor Mathew, 20 February 1738. Copy, of No. 85i. 1½ pp. [C.O. 152, 40, fos. 316–322d; entry of covering letter in C.O. 153, 16, fo. 68.]
April 20.
157 Thomas Causton to Trustees for Georgia. On 8th inst. I received advices from Messrs. Wigg and Woodward, two of H.M.'s J.P.s at Beaufort, copy enclosed (fn. 3) . These I immediately sent by messenger to the southward with copies to Capt. Gascoigne, Mr. De Legall, Mr. Horton, and Lieut. McKintosh. Capt. McPherson and Capt. Eneas McKintosh being here, I had the opportunity of giving them personal notice and receiving their several promises to be vigilant and keep in readiness for any necessary service. This sudden alarm coming to my hands before my letter of 7th inst. was finished has obliged me to postpone it by giving this the preference. On 11th, at night, arrived here a schooner from St. Augustine which belonged to Caleb Davis residing at that place. He having occasionally let fall expressions concerning the state of affairs there, he was apprehended by the officer on duty and brought to examination next morning, copy enclosed (fn. 4) . As this is a confirmation of the first advices with other particulars, I sent a copy of this examination to the president of council of Carolina, as also (by water express) to Capt. Gascoigne. On this day the land messenger returned and brought me the enclosed answers to mine of 8th (fn. 5) . As to that of Capt. Gascoigne, he having in a former letter given me particulars of stores necessary for repairs of boats, I have procured and sent some part of them and am endeavouring to get the remainder which I shall respectively send so soon as they come to my hand. As to that of Mr. De Legall, our wheelwright (partly for want of particular instructions) has been a long time making carriages for the guns under his care, but having finished only six I sent them on 12th inst. and the remainder will be finished in a short time. As to that from Mr. Horton I have supplied him with ammunition pursuant to your orders and particularly on 3 March last at Mr. Augspourger's request (he being here in person) supplied that store with one barrel cannon powder, 14 quarter-cask FF powder (very good), 1 cwt. 2 qrs. 2olbs. musket ball and 4 cwt. traders bullets which he himself examined and approved, being all the cannon powder I then had. As Mr. Bromfield has now no powder I am afraid it is out of my power to get any that is good elsewhere, but shall use my endeavour to prevent a want of anything so necessary for defence. As to that of Mr. McKintosh at the Darien, he advises that he wants neither for provisions or ammunition.
It is necessary for me on this occasion to represent to you the present state of our own arms and ammunition and therefore refer to enclosed account (fn. 5) . Upon my receiving the first advices of this alarm the constables called the people to arms by beat of drum and there appeared at four hours notice about 80 persons of whom (according to their report) there was not above four defective in their arms. The people in general continue their usual alertness on these occasions, but the former clamours for forts and commanding officers revive, concerning which I have a steady regard to your orders and will not act otherwise.
On 18th inst. Mr. Montaigut communicated to me a letter, copy enclosed (fn. 5) , from the president of council for South Carolina. He complained very much of being unable to supply the Indians with provisions on their arrival and desired my assistance: as I had the same day received 1,700 bushels of corn from Robert Ellis I offered to lend him 200 bushels to be returned in the like specie, and I believe he will accept it. Signed. 2 pp. Endorsed, Reed. 16 June 1738. [C.O. 5, 640, fos. 83–84d.]
April 20.
Council Chamber
158 President William Bull to Council of Trade and Plantations. I beg leave by this opportunity to lay before you the informations we have lately received of the great preparations which were made at Havana to invade this part of H.M.'s dominions and particularly the colony of Georgia. The Spaniards have given out a report that their design is now laid aside in consideration, as they pretend, that Gibraltar, Port Mahon and Georgia are to be given up to his Catholic Majesty. But how far that is to be credited or depended on you best know. However in the meantime the Spaniards are sending men to settle a fort at Apalatchie Old Towns, which place was conquered in 1702 or 1703 by the people of Carolina with some Indians in amity with this government under the command of Col. Moore. A more particular account will be laid before you as soon as it can be prepared. Signed. 1½ small pp. Endorsed, Recd. 5 June, Read 6 June 1738. Enclosed,
158. i. Affidavit of Joseph Preu of South Carolina, mariner, sworn before William Bull in the Council Chamber, South Carolina, 16 April 1738. Deponent was imprisoned in Moor Castle, Havana, from 26 September 1737 to 26 March 1738, understanding that he was confined in order to be a pilot for an expedition against Savannah. It was publicly known in Havana that a force was being prepared to invade Georgia, but orders came from Spain in March 1738 putting a stop to the intended invasion, agreement having been reached between England and Spain. It was currently reported that this agreement was for the return of Georgia, Gibraltar and Port Mahon. Deponent was released at St. Augustine in April 1738. While he was there, a proclamation was read that all slaves running from the English should have their freedom. He was told that the Spaniards were about to make a settlement at Apalachee. Copy, certified by J. Badenhop, clerk to the council. 3 pp.
158. ii. Affidavit of Captain William Lyford, late commander of Fort Frederick, sworn before Thomas Wigg at Beauford, 6 April 1738. On 3 April, deponent saw several ships and sloops which he believed to be Spanish off St. Augustine bar, their boats passing between the town and the vessels lying off. Copy, certified as preceding. ½ p.
158. iii. Affidavit of William Hodge and William Patterson, seamen, aboard the sloop Unity, Capt. Brixy, to same effect as preceding. Copy, certified as preceding. ½ p. [C.O. 5, 366, fos. 67–69d.]
April 20.
159 Same to Duke of Newcastle. It is with great concern that I acquaint you with the dangers we apprehend this part of H.M.'s dominions to be under any particularly that of Georgia from the great preparations which have been made at Havana, which if carried into execution with success must have reduced that colony as well as this to the utmost distress if not entire ruin. This formidable undertaking will appear more particularly by the enclosed depositions of William Lyford and Capt. Joseph Preu who gave us the first informations of it, to which I refer you. Such a situation obliges us to repeat an application to you for your powerful intercession to H.M. for his further protection and assistance for these frontier parts of his dominions which lie so much exposed; and notwithstanding the pretences of the Spaniards that their intentions against these parts of H.M.'s dominions are laid aside, we have much reason to believe the contrary since they still continue to keep the 37 pinnaces and lances, six half galleys mentioned in the above depositions at St. Augustine where they can possibly be of no use or service to them unless they continue their first design of making a descent upon Georgia in which case they will be of sing[ular] (fn. 6) service to them and of the utmost disadvantage to us. The Spaniards are going to settle the Old Appalachee Towns which were formerly poss[essed] (fn. 6) by the Spaniards and the Appalachee Indians, who were conquered and dispossessed by the English of Carolina and Indians in amity with this government in 1702 or 3 under the command of Col. Moore, a more particular account of which I am preparing to represent and lay before you. Signed. 2½ small pp. Endorsed, Recd. 29 June. Enclosed,
159 i. Affidavit of Joseph Preu. Copy, of No. 158i.3 pp.
159. ii. Affidavits of William Lyford, William Hodge and William Patterson. Copy, of Nos. 158 ii-iii. 1 p. [C.O. 5, 388, fos. 174–178d.]
April 21.
South Carolina.
160 Affidavit sworn before President William Bull by James Howell of South Carolina, master of the schooner Beaufort. He was detained at St. Augustine by order of the governor in January last; no Englishman was suffered to write or speak to another. The governor sent a pettiaugua with 20 men to keep a lookout at St. Juan's: deponent heard the commander say that he was not to open his orders until he arrived at St. Juan's. About 20 March, 37 pinnaces, galleys and launches arrived at St. Augustine, well-manned and armed, particularly the six galleys which were well-built and made to go in shoal water, each with three guns, twelve-pounders, in their bows and 50 soldiers. On 1st instant there arrived three snows and two schooners attended by a 24-gun ship of war and a 10-gun sloop. Deponent understood that by one of these snows came advice to the governor of St. Augustine to countermand the expedition intended against Georgia. Deponent had traded there for five years and never knew more than 500 men in garrison there; now there were 1,500 disciplined men and 200 Florida Indians. He further heard that these forces were to be joined by others from Havana making together 7,000 men, two 60-gun ships and other ships of war, that 100 great guns were put on a Spanish man-of-war to settle a fort at Frederica, (Footnote:—There is a fort already erected at that place by Mr. Oglethorpe with a garrison in it. It is looked upon to be a post of great importance) and that 1,500 French were to join the Spanish forces on their settling of Georgia. Deponent has no reason to think Spanish designs on Georgia are suspended: he heard the captain of horse at St. Augustine say that the government of England had agreed to evacuate Georgia in six months and that the main body of the forces would return to Havana. The man-of-war and the 10-gun sloop sailed for Havana before deponent's departure. He heard a proclamation made that negroes who ran away from the English should be free. Signed. 2 pp. [C.O. 5, 384, fo. 22, 22d.]
April 21.
161 Council of Trade and Plantations to Committee of Privy Council. Pursuant to your order of 13 March referring back our report on the petition of Sebastian Zouberbuhler, we have been attended by Mr. Simond who carried some Swiss families to South Carolina and being delayed at Rotterdam drew bills for 137l. 10s. on Mr. Zouberbuhler's father; he acquainted us that the expense of carrying over the said families was very great but he does not know by whom that expense was borne. Mr. Zouberbuhler produced papers relating to further expenses in Carolina of about 30 pistoles. But we do not see any reason to alter our opinion in our report to you of 20 January or to recommend to H.M. the granting of the petition. Entry. Signatories, Monson, Edward Ashe, R. Plumer, R. Herbert, 3½ pp. [C.O. 5, 401, pp. 255258; draft in C.O. 5, 381, fos. 267–268d.]
April 22.
S. Carolina.
162 Messrs. Crokatt & Seaman to Harman Verelst. The goods and two boys you sent arrived here 10 January and were sent to Mr. Causton on 16 January, also ten pieces of best ozenbriggs. They arrived safely, but we have had no receipt from Mr. Causton though three times requested. Please pay the money to Mr. Pomeroy & Sons on our account, supposing Mr. Causton has intimated receipt to you. This day Capt. Scott in one of our men-of-war arrived from before St. Augustine where he had been to see what number of vessels were there. He was 48 hours at anchor off their bar and says he only saw one sloop and one brigantine. We have had certain advices that the Spaniards were designed against Georgia this spring but are now by advices from Havana assured it is all over and that such is entirely laid aside. Those reports occasioned some stir here and at Georgia for some weeks past, but now all fears seem entirely over. We are daily in hopes of hearing the safe arrival of Gen. Oglethorpe's regiment which is very much wished for; as yet no appearance of them. Signed. P.S. There is lately arrived at St. Augustine 500 men with their families. They are to build as I hear barracks on the island of St. John's to northward of St. Augustine and settle there. Their pay ship is also come which enables them to discharge their old debts due here and at New York. 4 small pp. [C.O. 5, 640, fos. 85–86d.]
April 22.
163 Governor Jonathan Belcher to Duke of Newcastle. I received the 4th inst. your letter of 21 November last, acquainting me with the death of the queen, which I believe is an irreparable loss to H.M. as well as an unspeakable one to his kingdoms and dominions. May Almighty God support the king under so severe an affliction and preserve his precious life to a long, long date and encompass the whole royal family with his divine benedictions. I received the melancholy news about a month before your letter and gave the proper orders for mourning and solemnised the obsequies here on 23 March in the handsomest manner I could and ordered the same at New Hampshire on 13th inst. Signed. 3 small pp. Endorsed, Recd. 10 June. [C.O. 5, 899, fos. 325–326d.]
April 24.
164 Thomas Jenys to Trustees for Georgia. My late brother appointed me his executor with my sister. The accounts subsisting with you I have settled with Mr. Causton and go enclosed and endorsed in favour of my friends, Messrs. Smith & Bonovrier. I have likewise enclosed an account of the difference in the exchange amounting to 26l. 1s. 2d. relying on your justice for the discharge of so equitable a demand.
Great care was being taken to defend Georgia when the report came that there were four sail of ships off St. Augustine. [See No. 146i] In Georgia I met Capt. Prew and heard his report. [See No. 297i] Capt. Scott of H.M.S. Seaford now reports that all looks quiet at St. Augustine. Your forts and passes were in good order and well guarded and a constant watch on the bluff. Several boats had been out and returned in peace and safety. The trees in your garden and the silkworm magazine flourish; some few oranges met with a blight. Signed. P.S. I shall rejoice to execute your commands as my predecessor did. 2 pp. [C.O. 5, 640, fos. 87–88d.]
April 25.165 Thomas Hill to Francis Fane, enclosing four Acts passed in Barbados in 1737 for his opinion thereon in point of law, vizt. Acts for ascertaining price of meat; to encourage Simon Scantlebury and Philip Jackman in a project for recovering blasted cane; for explaining and amending an Act to quiet the minds of the inhabitants; for raising a levy to supply deficiency of the excise. Entry. 1½ pp. [C.O. 29, 16, pp. 67–68.]
April 25.
Hawk in Jekyl
Sound, Georgia.
166 Capt. James Gascoigne to Harman Verelst. Since mine of 13th (enclosing Lyford's affidavit to have seen six sail off the bar of St. Augustine 3rd of this month), on 17th I received a letter from Capt. Scott of the Seaford then at anchor off this bar informing me he was dispatched by Capt. Windham who was to follow in a few days to join me, desiring to know if I was under any apprehension of being attacked, if so he would come in, if not he would proceed on to Augustine and would (at his return) let me know in what situation he found the Spaniards. I acquainted him to have heard nothing but from the account on which he sailed and would join him in the morning early with Hawk and Ranger. Accordingly I sailed at daylight but found he had sailed in the night on receiving my letter by his lieutenant. Next day I returned to the sound and received the enclosed, dispatched from Mr. Causton. I left the Ranger without, to cruise and give notice to me of anything might come in sight. The 22nd the Seaford returned when Capt. Scott advised me the coast was clear but that he had counted two snows, one brigantine and two sloops in Augustine harbour. He lay off the harbour 30 hours in which time the Spaniards fired many guns, therefore believes his visit surprised them. In consequence of which I am in daily expectation of a launch according to the usual custom of the Spaniards on alike occasions. Signed. 1 p. Enclosed,
166. i. Affidavit of Joseph Preu taken on 12 April 1738 before Henry Parker and Thomas Christie. [Same though with small discrepancies as No. 297i] Copy. 2 pp. [C.O. 5, 640, fos. 90–91d.]
April 26.
167 Samuel Davidson to John Ridyard acknowledging letter of March 1736/7. All of us here have been wonderfully protected by providence, very few have died and none sickly. We have great increase of children and women bear that in Europe were thought past their time. The cattle and hogs that were given us on credit thrive very well and fowls in great abundance. Signed. 1½ pp. Endorsed, Recd. 6 October. [C.O. 5, 640, fos. 93–94d.]
April 26.
168 Samuel Davidson to John Gilbert, acknowledging letter of 28 February 1736/7 received 11 June. I have six acres and 38 perches of land well-fenced and hope for a better crop than last year. I have done everything by my own labour except one servant whose time run to nine months for 11l. 10s. sterling. I was not able to bring over my own servant there being no room in the ships. We want nothing but the return of Gen. Oglethorpe to be quiet and easy in our possessions. If you fancy to come over to us, get all the servants you can and be careful of them at sea, for they will bring you money or enable you to live handsomely on your plantation. I should be glad to see you and as many of our friends that think proper to come. Signed. P.S. Pray tell Mr. Crofts to write to me for I do not know where to direct to him. 3¼ pp. Endorsed, Recd. 6 October. [C.O. 5, 640, fos. 99–100d.]
April 26.
Palace Court.
169 Minutes of Common Council of Georgia. Read grant of 500 acres of land to Capt. Alexander Heron of Col. Oglethorpe's regiment. Seal affixed, secretary to countersign and register with auditor of plantations. Ordered that a lease and release of 3,000 acres in trust for 50-acre lots to men Protestants who desire to have them within three years from date thereof be prepared; seal to be affixed and secretary to countersign. Seal to be affixed to lease and release of 3,000 acres of land in trust for 5 acres to each soldier of Gen. Oglethorpe's regiment, secretary to countersign. 1½ pp. [C.O. 5, 690, pp. 138–139.]
April 26.
Palace Court.
170 Minutes of meeting of Trustees for Georgia. Received of Mr. Tracy 10l. subscription towards building churches in Georgia. Rev. John Wesley attended and left the appointment of him by the Trustees to perform ecclesiastical offices in Georgia; resolved, that the authority granted him on 10 October 1735 be revoked, ¾ p. [C.O. 5, 687, p. 69.]
April 26.171 Grant to Capt. Alexander Heron of Gen. Oglethorpe's regiment of 500 acres of land in Georgia. Entry. ¼ p. [C.O. 5, 670, p. 347.]
April 26.
Georgia Office.
172 Benjamin Martyn to Rev. Mr. Ziegenhagen. Mr. Vernon has this day laid before the Trustees your letter with the extract of Mr. Urlsperger's to you relating to effects which the Salzburghers left behind them in Salzburgh. On a former application from Mr. Urlsperger, the Trustees sent a letter to Mr. Bolzius acquainting him that Mr. von Ploto had secured effects belonging to the Salzburghers to a considerable value and asking him for a specification of the demands of the Salzburghers at Ebenezer. They have as yet received no answer; when they do they will acquaint you of it and do all in their power to obtain satisfaction. Entry. 1 p. [C.O. 5, 667, fo. 54.]
April 26.
173 F. M. Ziegenhagen to [James Vernon (fn. 8) ] enclosing the following. If the Trustees will send proper instructions and power to Mr. Urlsperger, I hope for success. Two letters that go hereby are same I mentioned yesterday; time enough to return them next Tuesday. Signed. 1 small p. Enclosed,
173. i. Extract of letter dated 20 March 1737/8 from Rev. Mr. Urlsperger at Augsburg to Mr. Ziegenhagen. The Prussian commissary at Salzburgh is willing to serve the Salzburghers in Georgia in recovering their effects. It is true 1438 gilders does not come to a great deal but better than nothing. As soon as I have orders from the Trustees I shall do what lies in my power. 1 small p. [C.O. 5, 640, fos. 95–96.]
April 27.
Annapolis Royal.
174 Erasmus James Philipps and Otho Hamilton, commissioners for settling boundary between Massachusetts and New Hampshire, to Council of Trade and Plantations. The money received from Massachusetts and New Hampshire for travelling and subsistence has been inadequate. We beg you will use such means as may induce them (agreeable to their own Act of assembly) to make us a generous and just satisfaction for our trouble and expense and near nine months absence from home on that service. Signed. 1½ pp. Endorsed, Recd, from King Gould, Esq., 13 February, Read 16 February 1738/9. Enclosed,
174. i. Boston, February 1737/8. Same to agents of Massachusetts for managing the settlement of the boundary lines, applying for payment of expenses. Otherwise they will be obliged to return to Annapolis. Copy. 2 pp.
174. ii. Boston, February 1737/8. Same to Governor Belcher to same effect. Copy. 1½ pp.
174. iii. Boston, 12 February 1737/8. Erasmus James Philipps to John Rindge, signifying intention of returning presently to Annapolis with Capt. Hamilton. There remains due to them ninety odd pounds each and to Mr. Skene in proportion for the time of his attendance. Copy. 2½ pp.
174. iv. Portsmouth, 17 February 1737/8. John Rindge to Erasmus James Philipps, in reply to preceding. He has no money from the government. If Massachusetts had paid the balance of the account of the cost of the commission and expenses that would have been sufficient to pay the commissioners. As a committee man he is ready and willing to advance his quota of what is due. Copy. 1 p. [C.O. 5, 881, fos. 51–57d.]
April 30.
175 Thomas Hill to Josiah Burchett. In reply to your letter of 3 March I send the usual heads of enquiry relating to the fishery at Canso. Commission and instructions for Capt. Philip Vanbrugh will be sent to the Duke of Newcastle. Entry. 1¼ pp. [C.O. 195, 7, pp. 478–9; another entry in C.O. 218, 2, pp. 344–5.]


1 See No. 157.
2 Pagination of C.O. 5, 996 is faulty: sec pp. 308–398.
3 See No. 146i
4 See No. 297i
5 Not found.
6 MS torn.
8 See No. 172.