East Indies: October 1629

Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Originally published by Her Majesty's Stationery Office, London, 1884.

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'East Indies: October 1629', in Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629, ed. W Noel Sainsbury( London, 1884), British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp677-686 [accessed 7 October 2024].

'East Indies: October 1629', in Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Edited by W Noel Sainsbury( London, 1884), British History Online, accessed October 7, 2024, https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp677-686.

"East Indies: October 1629". Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Ed. W Noel Sainsbury(London, 1884), , British History Online. Web. 7 October 2024. https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp677-686.

October 1629

[Oct. 5.] 856. Petition of the East India Company to the King. Whereas by his late Majesty's letters patents they enjoy the liberty to transport 100,000l. in foreign silver yearly into the Indies, and being advised by their factors that gold is more in request than silver, pray his Majesty not only for a confirmation of his late Majesty's grant for the sole trade of the Indies and Persia, but for liberty to transport yearly 80,000l. in foreign silver, and 40,000l. in foreign gold, or in English gold in case they cannnot supply themselves with foreign. Order signed by Sec. Coke to Mr. Attorney General "to prepare a book for his Majesty's signature" accordingly, as also a Privy Seal to permit the Company presently to transport 10,000/, in English gold, parcel of said 40,000l., on account of the present necessity of sending a small ship to the Indies. Hampton Court, 1629, October 5. 2 pp. [East Indies, Vol. IV., No. 72.]
Oct. 9 to Nov. 7 857. Sundry firmans procured from the Khan (of Shiraz) by virtue of the King's firmans, many being confirmations in his country of what the King hath commanded in his country (see ante No. 852). A confirmation of the King's firman for rectifying abuses in the Customs by Ambassadors and other King's ministers pretending to bring goods for the King's use. "Given in the moon Rabbialavell (Rabi el-Aoual) 1039" (9 Oct. 7 Nov. 1629.) Same for transport of nine horses annually. Same for freedom from rhadarage, or way duties. Command to all rhadars and keepers of the highways not to demand or receive anything of the English for rhadarage of their goods. Firman to the Sultan of Gombroon, commanding the Governor of the Port of Gombroon to respect with all courtesies the illustrious Governor of those wise Christians, the magnanimous Capt. William Burt and in the division of Customs not to suffer him to receive any injustice. Firman to the Shabander or collector of the rents and Alcavalls of Gombroon, commanding him to use no deceipt with the person deputed by the valorous and magnanimous Capt. William Burt for the division of said rents; that all merchants bring their goods to the Alfantica and to no other place, and that if any merchants steal the Customs of any goods they be severely punished. "Given in the moon Rabbialavell, 1039." Firman to the Governor of Lar, commanding him safely to keep the goods of a servant of the valourous Capt. Wm. Burt lately deceased in those parts and deliver them to any person bringing the letter of the said captain. These are the true copies of the original firmans according to nearest translations that could be made. Witness our firms Wm Burt, Wm. Gibson, and Robt. Loftus. Endorsed, This received overland 11 April 1632. 3½ pp. [O.C., Vol. XII., No. 1296.]
(Oct. 10–20.) 858. "Extract out of the States' Registers touching the manner of their Deputies treating in England about East Indian differences. Delivered me by Mons. Joachimi the 10–20 of Oct. 1629." Endorsed by Sec. Dorchester. Dutch, 1½ pp. [Holland Corresp.]
Oct. 12.
Hampton Court.
859. The King to the Lord Treasurer, Commissioners of the Admiralty, and others. Whereas the late King permitted the East India Company to transport 100,000l. per annum in foreign silver. Having enlarged their trade into Persia, where they have opportunity to vent yearly great quantities of cloth, kersies and tin, his Majesty has consented that said sum be enlarged to 120,000l. yearly, whereof 40,000l. may be in English gold if they cannot procure foreign, of which last sum 10,000l. may be exported in the Star on her present voyage. [Sign Man. Car. I. Vol. XI., No. 30.]
(Oct.14.) 860. (Sec. Lord Dorchester) to Dudley Carleton. Sir Henry Vane is to carry over with him the witnesses in the Amboyna cause if there be no new traverse in the business, for so it is resolved by his Majesty, and they have order to go. Wishes the business were ended, for it always lies in ambush to do a mischief when there is question of stricter friendship than ordinary betwixt his Majesty and that State, and if exemplary justice be not done in it, plainly foresees very ill events. [Extract, Holland Corresp.]
Oct, 17.
The Hague.
861. Dudley Carleton to (Sec. Lord Dorchester). The States have written an answer to his Majesty's letter touching our merchants at Bantam and the soldiers said to be entertained by this Company, to be delivered by M. Joachimi, but only acquainted Carleton they were assured it would give his Majesty contentment. At the desire of the agents of the English Company, had moved for letters for our men to present to the Dutch Governors in the Indies lest they take no notice of receiving any order out of Europe enjoining good correspondence with the English, and particularly not to molest them in their trade at Bantam, but this has been refused, and on discourse with some of the Bewinthebbers that are of the States, asked them if they would give order that our nation should not be wrapped into any quarrel of theirs with the King of Bantam; to which they answered that that King is their enemy, and how to secure those from incommodity of war that by their trade with Bantam support their enemy they cannot see, unless they should give way to have their own throats cut. This point deserves to be looked to, for it makes it very suspicious they intend if the Materam leave them in quiet to set upon the King of Bantam, who has instigated and assisted the Materam, and also, they say, laid treacherous plots and sent assassins to have murdered their General; and making a show of war upon Bantam, they may block up the haven or otherwise break the neck of the English trade there obliquely, and yet profess a good correspondence in general with the nation. Their reserved carriage makes him fear that the apprehensions of our Company are not altogether vain, and it could not be amiss that M. Joachimi were plainly spoken with in this particular with the soonest, for the ships will now very suddenly be gone. Believes the Bewinthebbers desire they should be gone before they be pressed for more particular resolutions, which Carleton cannot insist on, his Majesty's letters about this particular giving him no credence. These men believe that all M. Joachimi shall say will be taken for Gospel, and that it matters not what Carleton shall say, seeing the King's letter was without credence to him. 2 pp [Extract, Holland Corresp.]
Oct. 18.
Hampton Court.
862. The King's Instructions to Sir Henry Vane, Ambassador Extraordinary to the States of the United Provinces. In the differences between the two East India Companies, if there be not a reconcilement and settlement of commerce it shall not be his Majesty's fault, and to show how willingly the King accommodates himself to all demands having any ground of reason in the business of Amboyna wherein the appearance of witnesses is required, though attestations legally taken are of as great value and usually practised betwixt men subject to several jurisdictions, yet to leave them without excuse in case due justice be not administered for his subjects' blood barbarously shed at Amboyna, his Majesty is pleased that such witnesses as are yet living shall go over as part of Sir Henry's train, to be confronted if need be with those Amboyna judges, but with these three cautions:—"First, howsoever you are to acknowledge our permission that they should do justice upon those malefactors to ease us of so much unpleasing work as is revenge for such a bloody business, yet that we protest againt submission of the cause which concerns both nations to that alone; secondly, though we are content for the clearer light in the business that these men be examined, yet our pleasure is that no new interrogatories should be framed unto them, it being against rules of justice after publication; and, lastly, that before pronouncing sentence, which way soever it tend, we have knowledge given us of the opinion of such judges the States have appointed for that process." [The Words in italics are Corrections and Interlineations in The King's Own Handwriting.] In this cause (which is of much moment as that which doth exceedingly alienate the affection of his Majesty's subjects) his Majesty's agent there residing can well inform him of all former passages whereby to direct Vane of all proceedings in procuring such satisfaction as may stand with his Majesty's honour and the security of his merchants, who are by that cruelty terrified from the trade of the Moluccas and in effect discouraged from prosecution of their commerce in the whole East Indies. [Extract, Holland Corresp.]
27 Oct.–6 Nov.
Whitehall
863. "The Dutch Ambassador's propositions, presented to his Majesty, Oct. 1629." The States General have commanded him to thank his Majesty for communicating his intentions concerning the trade of his subjects at Bantam, that no hindrance be done to them whilst the accommodation of differences is being treated of here, and to assure him they are sincerely bent on contributing to increase the concord between the Companies. Refer to letters written three years ago by his Majesty and the remonstrances then made on the same subject. That the English themselves had employed their men and ships for some time, and then released themselves, contrary to right, for mutual contracts cannot be broken without common consent. And it was requested that said letters should be revoked, but answered that they were already sent to the Indies. Since the notification of his Majesty's last letter the Netherlands Company have declared to the States General that they have neither given nor propose any hostility against the English Company, saving always their well founded pretensions for infraction of agreements and the great damages arising therefrom. Touching the other point the States assure his Majesty that no English are or shall be taken into their service to be employed in the fleet now prepared for the Indies. Endorsed as above by Sec. Dorchester. Another copy is Dated 27 Oct.–6 Nov. 1629. 3½ pp. [Holland Corresp.]
Oct. 28.
Margate, on board the Lyon.
864. Sir Henry Mervyn to Edward Nicholas. Hears the Mary 0f the East India Company is put into Scilly, having lost most of her men by sickness. If the Company desire a convoy from the Lords, she being rich, begs Nicholas to remember him. [Extract, Dom., Chas. I., Vol. CL., No. 103, Cat p. 83.]
Oct. 28.
Bantam.
865. George Muschamp, Will. Hoare, and Ant. Vernworthy to the East India Company. Refer to their last letters of 6th Feb. [see extract No. 792] by the Dutch ship Royal Marie and the Speedwell, and 26th Feb., which will, they presume, give good encouragement to persist in this hopeful trade. Have since received the Company's letter of 31st Oct. 1628 from the Dutch, and on 3rd present the London safely arrived, whereby their wants are well supplied, only their defective ships will make them fail in this year's returns, which would have fully satisfied the Company's expectations if the means now sent had come two months sooner, with two ships more of the London's burden, but must now attend a second supply. Refer to their larger advice by the London, which will depart by the last December at furthest. Dispeeded the pinnace Dove for Macassar 6th Feb., with a cargazoon amounting to 17,216 ryals, and in her Malachi Martin, to succeed Andrew Coggins as principal, who after many years' service is desirous to return home. The Falcon sailed for Jambi 7th March, chiefly to be careened and repaired, and hope she will now be ready to return fully laden with pepper. The Roebuck departed for Japara 12th March, with a cargazoon of 3,544 ryals, to be invested by Jno. Russell in sheathing boards, plank, timber, long pepper, and tamarinds, with order to take account from Samuel Reade of the remains of that factory and leave him there, with an assistant, in possession of the house, with remains not to exceed 1,000 ryals, the better to temporise with these troublesome times, the rumour being then current that the Materam's forces were coming against Bantam, and that that King threatening the ruin of English and Dutch, recalled his words, saying it were not just to wrong those that offered none, especially the English who had a residence in his country and traded peaceably with him; this encouraged them to continue two men there for providing necessaries not so easily procured elsewhere, and to maintain the engagement of friendly usage, if the Materam should bring Bantam into subjection, which by circumstance will not be long unattempted. The Roebuck returned from Japara 22nd May, where they came to a bad market, being forestalled by the Danes with a well sorted cargazoon from Coromandel; still part was put off at prices current and invested. The Governor gave them a more than usual welcome with great ordnance, and seems very pleased at the continuing of their factory, but especially at their remove from their enemies the Dutch. Hoped the Roebuck might there have been made serviceable for coasting voyages, but she was not worth any charge, and since her return has supplied their want of warehouse room, but her leaks so increase that they will not venture to keep her longer swimming. The Jonas arrived from Surat 10th June, and the Christopher and Eagle the 27th following, extraordinary leaky, with rice, wheat, and cotton wool, which came seasonably in time of scarcity. The Jonas returned 13th July, Capt. Swanley commander, with sandalwood and part of the Dove's broadcloth. The rumour of the Materam's coming against Bantam moved the Pengran to peace with the Dutch, which was willingly entertained; he then required aid from themselves to defend his road, whereto they condescended upon conditions, but shortly after he sent them many thanks, saying he had no occasion to use them, the Dutch having prevented the Materam's coming by sea with eight yachts sent to the eastward of Jacatra, so that they have confirmed the Pengran's good opinion without prejudice to themselves; he also encamped his forces, being 30,000 men, near Jacatra, to give the enemy battle in case they should come thither. On 10th August the expected armada approached Jacatra, with 80,000 Javas, little more than half the forces levied by the Materam, the rest having retired for want of sustenance; they brought their trenches within musket shot of the town, but found it so well fortified by Coen and the late relief of 18 ships from Holland that with the loss of many thousands, starved for want of victuals, they fired their works and retired without effecting anything. Arrival of the Swallow, 17th August, from Armagon, leaky and defective, with goods to the amount of 25,941 ryals, leaving remains of sandalwood. The factory of Masulipatam is dissolved and all debts made good after seizure of their junks, the exactions of the mercenary Governor the cause of the remove, and a declaration of abuses and protest for damages to the amount of 52,000 pagodas sent in. The Dutch have traced their steps and demand principal and interest for their debts to a great value, which in appearance will prepare a way for their re-settling on better terms than ever. Masulipatam cloths sell to greater profit in Jambi and Macassar than any others made on that coast, the want whereof will force their customers at Jambi to sell their pepper to the Dutch. The investments from Armagon have not produced equal profit to those from other places; Johnson pretends he was forced to barter commodities for cloth for want of gold or ryals, and must yield to their price, the weavers being forced to crave license of the Naik to trade with the Dutch to procure ready money. If this be prevented they may be provided there with cloth equal in price and quality to that of Pulicat; they have also musters of white cloth, and if they prove vendible there will be less occasion to use Masulipatam. Large privileges granted to them by the Naik, with liberty to fortify, which the Dutch in vain sought to prevent by large bribes. If the Company yearly consigned a ship thither with a cargo of half gold and half commodities it would much further their affairs; unpolished coral, 20 chests, from 4s. to 8s. per lb., will vend at cent, profit, also 800 peculs of lead, at eight ryals per pecul, tin, "lattin," brass, copper, vermilion, and quicksilver, though not so profitable, are also necessary. These are yearly supplied out of Holland; gold of Jacobus alloy will yield some profit, but ryals of eight in all places on that coast produce loss. A fort and small garrison of 50 men must be maintained, which may be done at an easy charge added to that already bestowed on a strong house and buildings; there are 12 pieces of ordnance in and about the house and 23 factors and soldiers, and these must continue until the Company's order for fortifying or dissolving. Arrival of the Dove from Macassar, 18th August, with cloves and camphor. Assistance given by the King of Ternate to the Dutch to prevent the exportation of cloves from Amboyna to Macassar, but the King (of Macassar) intends with his forces to maintain that gainful trade in spite of them, so that Macassar continues a hopeful factory as the chief receptacle for sale of all sorts of Indian clothing to more than a cent, profit if the King holds his resolution to wait the Malayan junk from Amboyna; but unless the high price of cloves be qualified by the profit on goods, Macassar will prove a fruitless factory. More hope now that cloth will sell better and cloves be bought cheaper, in regard the Danes for want of stock and shipping have finished their Indian trade, and by report their General has gone to surrender their castle to the Dutch for 15,000 ryals, but it is supposed the Naik will not suffer them to enjoy it unless upon a new composition, which will cost them dear. Dispeeded the Dove and Coaster for Jambi 3rd Sept., with a well sorted cargazoon, and prevailed with Mr. Sill to return there, whose experience will mainly support the Company's affairs there. General Coen deceased 18th Sept., and the day following Jacques Specx arrived with four ships and succeeded as Governor-General; Coen's tyrannical government made the exchange welcome to all under his command, but for their parts separation has removed all differences since the firing of their houses and stores, and it will be a happiness if they may ever remain sequestered from them and their insulting power. Their contemptible act in firing the English houses has appeared more publicly, by the discovery of a journal kept by the Advocate Fiscal, wherein stood registered the day and time when General Coen ordered the equipage master to fire the English house, &c, which was casually discovered. Dispeeded the Christopher 21st September with a small cargo to Jambi for pepper, and a pinnace 8th October, belonging to the King of Macassar, with 20,000 ryals of eight to pay custom and debts owing, none of the ships fit for the voyage save the Simon and Jude, which had been careened in the river and could not then get over the bar; but she sailed for Jambi 19th for lading to increase their home bound cargazoon. Have delivered his Majesty's letter and present to this Pengran, and acquainted him with the loss of his pepper. Their great expectation of trade in Bantam less hopeful than ever, the fear of the Materam's coming making them neglect the gathering, manuring, and replanting of pepper, and this is like to continue unless this Pengran submit or the Materam conquer this place; which would rather strengthen than prejudice their trade, for so long as the Chinamen continue engrossers and the Dutch their rivals in buying, the price of pepper will be enhanced, and their ready ryals exhausted. The Company may collect from this how much it imports that Jambi and the West Coast of Sumatra be plentifully supplied, being the main supporters of this trade, and Bantam only convenient for a rendezvous. If they wish their ships seasonably returned, they must dispeed them in September that they may be at Bantam the fine of March, and then they need not doubt by the fine of September to have ready three ships lading from Jambi, &c, with an addition from Bantam, and to have them dispeeded by the fine of November for England. This trade also requires a supply of Surat goods in January for the timely supplying of Macassar, Jambi, and the West Coast of Sumatra, otherwise the Dutch and the King of Acheen's junks will forestall that trade. Their affairs will be much prejudiced by want of shipping to transport the remains of this stock. Have only expectation that the Falcon may prove sufficient to accompany the London home this year, the rest, except the Dove and Simon and Jude, being at present unfit for any employment, viz., the Eagle laid up, the Roebuck and Abigail so leaky that they intend running them ashore, the Coaster in the same predicament at Jambi, the Swallow not worth repairing, the Christopher to be careened and prepared if possible to go to Armagon in March next with the remains of money and lead to enlarge next year's returns, which will lade three good ships. This will appear by the books of accounts which will manifest the net remains of this joint stock so long obscured by the neglect of their careless servants in private factories, which rests with the Company to reform by chosing able men hereafter. Meantime here will be only Hoare and Vernworthy to direct general affairs, Sill to go for Armagon, and Jambi and Macassar weakly supplied, so that it much imports the Company's business to send a speedy supply of able merchants.
Nov. 9. "The copy hereof was kept till 9th November." Postscript.—Have received the enclosed from Jambi, showing their expectation of that factory to be no less than formerly intimated, only doubt the insufficiency of the Coaster and Sampan (sic) may detain them longer than computed. Have likewise received certain information that General Specx declared in a consultation that Mr. Steele at the Cape told him that by English assistance the King of Macassar intended to make himself master of the Amboyna trade, wishing them to prevent the practice. This false surmise never so much as thought of by any of them, manifests his (Steele's) treacherous intent to prejudice their affairs and persons; can all affirm that his actions ever tended to his private ends. Endorsed, Received June 1630 in a packet by the Dutch ships. 10 pp. [O.C., Vol. XII., No. 1297.]
Oct. 866. William Knightley to the East India Company. Though but "the inferiorst" of their four servants who resided in Mocha, beseeches them to accept of these his poor observations. On 29th June 1625, the Jonas, Capt. Clevenger, arrived at Mocha, where the Ann, Capt. Barto. Goodall, had been some eight months in great distress, most part of her men dead, and the ship ready to founder. They relieved her with men brought purposely, sent ashore the goods of the Jonas, and reladed her with the Ann's pepper. It was determined with both ships to set sail for India about the beginning of August, but Robert Johnson, Cape merchant of the Ann, having made a promise to the Bashaw to settle a factory there, took occasion to invite Capt. Clevenger ashore the 1st of August. But the Governor had privately given orders to the Ameer Baharr, Admiral of the Seas, not to suffer any English to depart the town, and told Capt. Clevenger it was the Bashaw's pleasure that Johnson's promise be performed; so perceiving how he was entrapped, with advice of the rest of the merchants he gave order for sending ashore of 200 bahars of pepper and four men, James Oliver, William Fall, and Thomas Beale, factors, and William Knightley, steward, to stay there, and the 18th August departed aboard the ship. That day Mr. Johnson died; at night the Ann set sail, and on the 19th the Jonas, both for India. Sold the pepper to merchants of Grand Cairo at 50 ryals of 8 the bahar, and to the Bashaw at 45. Fourteen days after departure of the ships there arrived a great junk from Grand Cairo, which comes every year about that time, laden with lead, quicksilver, turpentine, cordage, wheat, cloth, and passengers with much money, and sets sail in the end of December. If at any time they receive wrong by the Turks they may be sure to have restitution by that junk. There comes also yearly from Grand Cairo a land caffilla of 800 or 1,000 camels with great quantities of monies; it arrives about the end of April, and in July departs again with Indian commodities. Up in the country are vended coarse calico, cotton wool, iron, rice, tobacco, &c. in great quantities, and by relation of Turks and Arabs broadcloth will sell well. The chief time of trading is from May to October. In June 1626, arrived seven Dutch ships, Commander Herman Van Speult, who died within one month after his arrival. Upon one of them came Messrs. Joseph Hopkinson and Nathaniel West, with order to bring them and their estate with them if they could; but the Dutch absolutely denied to carry them, saying that their own people there would suffer for it. Some eight days before Speult's death he sent two merchants to the Bashaw with a present of 1,000 ryals to confer upon the release of the people, satisfaction for their goods, and resetling of their factory, to all which he gave very short answers, not yielding to any, so on the 10th August they set sail for India, leaving their people prisoners as before. In October following the Arabs began to rebel, and have at divers times besieged all the cities in the country, but not gained any save Aden, which is the strongest port in the Red Sea. In this time of war the Dutch merchant who is a prisoner at Taies, four days from Mocha, took upon him to direct the Turks about the using of their great ordnance; but "this explanation of his ability" he fears "will cause him never to depart the country. "In 1627 there came no Christian vessels to Mocha, but divers junks of India who sold their goods very well to the Grand Cairo merchants. Amongst them was one from Surat with letters from the President, ordering them to make inquiry after the Spy, sent the former year to the Islands of Comorro, but they could never hear any tidings of her. After much entreaty they prevailed on the Governor for one of them to depart; so on July 22nd following Thomas Beale set sail for India upon Court Mahomet's junk. By the way they put into Aden, when "all the people of the town not knowing anything," the whole army of Arabs entered the town and slew men, women, and children, amongst whom Court Mahomet lost his life. His people set sail for Choul, but three Portugal frigates chased them and they ran the vessel upon a rock, where Mr. Beale and many others were drowned. This year the merchants in Mocha lived in such continual fear of the Arabs that they were fain to bury their jewels and money. November 12th, 1627, the Governor of Mocha certified them of an English ship at Aden, whereupon they sent advising them to come to Mocha; and in March following they sent and certified them that all their people were dead but two, Nathaniel Best and Henry Wickson, but they wrote not what their ship's name was, though by the Exchange they afterwards knew it to have been the Scout. In May 1628, arrived two Dutch ships, the Exchange, and divers junks of India, with great cargoes, but by reason of the troubles between the Turks and Arabs there were but small quantities sold. July 2nd there arrived a new Bashaw and they got leave of him all to come away. August 13th they set sail, 15th anchored near Aden and sent for their two countrymen, but they heard not of them and the Arabs "made five cannon shots towards them,"so on 18th they set sail for India. In these three years came divers letters from the Bashaw to the English, with promises of peaceable trade, for which they may be referred to the Register kept by William Fall. Account of the privileges that appertain to the English at Mocha, and tables of weights and measures. Anchored in Swally Road 14th October 1628, and continued in the office in Surat till his coming away for England on the Blessing. 9½ pp. [O.C., Vol XI, No. 1201.]
Oct. ? 867. Petition of the East India Company to the Privy Council. To move his Majesty to give them leave to transport 1,000 barrels of gunpowder and 50 tons of saltpetre, having more than they have use for. ¼ p. [East Indies, Vol. IV., No. 73.]
[Oct. 31.] 868. Warrant to the Officers of the Customs of London. To permit the East India Company to transport 50 tons of saltpetre brought from the Indies, and 1,000 barrels of gunpowder, as there is a sufficient proportion of powder in his Majesty's stores, and Mr. Evelyn has good quantities of saltpetre. Draft with corrections. [East Indies, Vol. IV., No. 74.]
Oct. 31.
Whitehall.
869. Fair copy of the preceding. 1 p. [Dom., Ckas. I., Vol. CL., No. 108, Cal. p. 84.]