CO 194/90 [Reel B538]

Page

Date

From Whom (Where)

To Whom (Where)

Contents of Document

Newfoundland 1835: Vol. 1 (January to June)
Governor Prescott: No. 1 to 35

3

1 Jan 1835

H. Prescott

T. Spring Rice

Transmits copies of the dispatch dockets to the Colonial Office from 1834.

5-12

-

-

-

Attached: The aforementioned dispatch copies.

13

1 Jan 1835

H. Prescott

T. Spring Rice

Returns unanswered dispatches from the period of 1 Jan to 30 Jun 1834.

14-15v

-

-

-

Attached: The returned dispatches.

17

1 Jan 1835

H. Prescott

T. Spring Rice

Transmits the minutes of Council for the first six months of 1834 as well as a list of members.

19-20

2 Jan 1835

H. Prescott

R.W. Hay

Transmits a requisition for stationery for the use of the Secretary= s Office.

21

-

-

-

Attached: The stationery requisition form.

23

5 Jan 1835

H. Prescott

T. Spring Rice

Transmits and endorses a memorial from the Chamber of Commerce of St. John= s.

24-25

20 Nov 1834

Thomas, President of the Chamber of Commerce

T. Spring Rice

A very faded memorial which appears to address the Chamber= s concerns regarding the heavy duties on British fishery products in Spanish ports.

28

5 Jan 1835

H. Prescott

T. Spring Rice

Transmits the annual report of the Royal Engineer on the state of the colonial defenses.

30-32v

31 Dec 1834

John Oldfield

H. Prescott

Attached: The Commanding Royal Engineer= s report on the fortifications in Newfoundland.

34

17 Jan 1835

H. Prescott
(Gov= t House, St. John= s)

T. Spring Rice

Sending him a copy of the speech that he delivered upon the opening of the Nfld House of Assembly

36-38

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-

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Gov. Prescott= s speech to the House of Assembly

40-40v

20 Jan 1835

H. Prescott

T. Spring Rice

Reports that he has not received all dispatches sent to him since October

41-42v

Feb (?) 1835

T.F.E.

J. Stevens

explains why some of the despatches seem to be missing

44-44v

5 Feb 1835

H. Prescott

Secretary of State for the Colonies

Transmits copies of rules recently adopted by the Supreme Court for the secretary= s signature.

46-55v

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-

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Attached: The rules adopted by the Supreme Court.

56-59

16 Feb 1835

H. Prescott

The Earl of Aberdeen

Informs the Earl of a bill that has passed the Council and House of Assembly. Notes the need to call a general election and complains of the A illiterate and vulgar@ Bishop Fleming and his interference in the political sphere. Requests that the Earl withhold his assent to the bill and that he be given permission to pass a bill limiting the duration of the House of Assembly.

60-61

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A An Act to Limit the Duration of the Parliaments of This Colony.@ A copy of the aforementioned bill limiting the duration of the House of Assembly to four years

62-66

15 Apr 1835

Aberdeen

H. Prescott

Acknowledges receipt of Prescott= s dispatch. Notes the Legislature= s unauthorized adoption of parliamentary trappings and titles and states that in future he will refuse all bills of that styling. Agrees with Prescott= s assessment that the terms of Assembly members ought to be cut to four years.

67

7 Apr 1835

H. Prescott

Aberdeen

Presents an address from the House of Assembly.

69-71

-30 Jun 1835

Aberdeen

H. Prescott

Replies to the Assembly= s address. Declines to discuss issues pertaining the their adoption of parliamentary style. Discusses the legitimacy of the Assembly= s styling and the prerogative of the Governor within the lawmaking process.

73-78

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Elliott for Ld Aberdeen

H. Prescott

Relates Cochrane= s correspondence with Boulton regarding the issue of the titles used by the Assembly. Outlines the precedents for titles used by legislative bodies in the other North American colonies.

79-84v

30 Mar 1835

Boulton

H. Prescott

Outlines and answers the four exceptions taken by the Secretary of State regarding certain rights being appropriated by the Assembly.

85-90v

1834

-

-

Attached: A manual of regulations to be observed by the Legislative Council of the colony.

91

17 Apr 1835

H. Prescott

Aberdeen

Transmits an address from the Assembly requesting the return of money considered to have been unjustly removed from the Colonial Funds by Cochrane.

93-101v

10 Apr 1835

Bennett

A To the King= s Most Excellent Majesty@

The Assembly= s address to the King complaining of Cochrane= s handling of the colonial expenses.

103-104

5 Nov 1834

T. Cochrane (The Colonial Brig > Maria)

H. Prescott

Informs Prescott that of 1443.2 pounds owed from the establishment of local government in Newfoundland, the Treasury has ordered 853.6.11 to be disallowed. Outlines the financial state of affairs in the colony.

104v-105v

17 Apr 1835

H. Prescott

R.W. Hay

Transmits Tucker= s dispatch of 14 Mar 1832 and an address to the King.

108-108v

5 May 1835

H. Prescott

Aberdeen

Encloses the Surveyor General= s report on the lands of Mr. Broom. Notes that he has remitted 20 pounds per annum from the past two years= rent due from Broom.

109-109v

30 Jun 1835

Elliott for Ld Aberdeen

H. Prescott

Informs Prescott of the receipt of his previous message and informs him that Broom is to be granted a new lease of sixty years, at an annual rent of , 30

112-114v

29 Apr 1835

-

-

A memorial on behalf of Broom, requesting the granting of a new lease and the reduction of his rents to a yearly rate of thirty pounds.

116

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Attached: A diagram of Broom= s land.

118

7 May 1835

H. Prescott

Aberdeen

Transmits an address complaining of French interference in the Newfoundland fishery, with related documents.

120-123

29 Apr 1835

Bennett

-

Attached: The House of Assembly= s address concerning the caplin fishery and the vigour of the French fishing operations in Newfoundland.

124

4 May 1835

H. Prescott

Cockburn

Encloses an address regarding the protection afforded to the Newfoundland fishery. Requests Cockburn= s consideration on the matter.

126-128v

12 May 1835

H. Prescott

Aberdeen

Forwards a copy of the Appropriation Bill. Discusses the key points of the document, one of which is the reduction of salary expenses. Notes the potential of turning a budget surplus and of defraying expenses to the Treasury.

130-138v

2 Jul 1835

Glenelg

H. Prescott

Acknowledges receipt of copies of the Appropriation Bill. Discusses differences between the two copies of the bill he has received, particularly regarding the salaries of the High Sheriff and the Circuit Court judges.

140-140v

8 May 1835

-

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Attached: A An Act for granting to His Majesty certain Monies for defraying the expense of the Civil Establishment of this Colony during the Year of Our Lord One Thousand Eight Hundred and Thirty-five, and for other purposes.@

141-141v

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-

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Attached: An estimate of the public expenditure for the year ending 31 Mar 1836.

142-142v

10 Jan 1835

P. Kough

J. Crowdy

Attached: A report on the salaries of magistrates, jailers, and constables in the outports.

143-144

4 Feb 1835

-

-

Attached: A Copy of Statement of Crown Rents as laid before The House of Assembly 4th February 1835."

146-146v

12 May 1835

H. Prescott

Aberdeen

Details his various communications with Carter and Broom regarding the House of Assembly= s refusal to grant their retiring allowances. Requests Aberdeen= s favourable consideration of the difficult situation of the men. Notes a misunderstanding by Spring Rice regarding Carter= s claim.

148-151v

10 Apr 1835

Bennett

H. Prescott

Attached: The speaker= s address to Prescott stating that there are no grounds on which the colony should pay the pensions of Shipard and Broom.

152

22 Apr 1835

J. Crowdy

J. Broom

Attached: A letter informing Broom that the Assembly has declined his request. Crowdy inquires as to whether or not Broom will resign his post as magistrate.

153

23 Apr 1835

-

-

Attached: In order to prevent a misunderstanding, Prescott informs the assembly that neither Broom nor Shipard intend to resign and that their salaries should be issued as usual.

154-155

28 Apr 1835

Bennett

H. Prescott

Attached: Informs Prescott that the Assembly was under the impression that Broom and Shipard intended to resign due to their advanced age. States that Cochrane had previously been informed of the Assembly= s desire that the parent government be responsible for the men= s pensions.

156-156v

9 May 1835

J. Crowdy

J. Broom

Informs Broom that there are no provisions in the budget for either his salary or his pension, and that his public functions are terminated. Notes, however, that Prescott will appeal on his behalf to the parent government.

157

9 May 1835

J. Crowdy

M. Shipard

Relays a similar message to Shipard.

159-159v

14 May 1835

H. Prescott

Aberdeen

Forwards a memorial from Blaikie, but notes that the appointment Blaikie is requesting has already been filled by Archibald. Notes that while Blaikie has suffered a loss of income, there is little he can recommend to be done on his behalf.

160-161

8 May 1835

J. Blaikie

H. Prescott

Attached: A The Memorial of James Blaikie.@ Requests appointment as Clerk of the Supreme and Circuit Courts following the amalgamation of one of his appointments with another office.

163-165v

14 May 1835

H. Prescott

Aberdeen

Notes the receipt of a letter from Little, a Catholic, expressing indignation at the meddling of the Catholic priesthood in colonial politics. Outlines Little= s outstanding character and contributions to his community.

167-177

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M. Little

H. Prescott

Attached: The memorial of M. Little. The author cites numerous threats and instances of being bullied by the clergy of the Roman Catholic church, particularly Troy and Fleming. States that not all Catholics should be judged in light of Fleming= s actions, and that the clergy, in Fleming= s case, does not represent the faith.

179-182

21 Apr 1835

J. Simms

J. Crowdy

Conveys his opinion on Little= s complaint to Prescott. Recommends against any legal proceedings or attempts to contact Fleming, but advises that Little= s complaint be forwarded to the Colonial Office. Notes that he does not doubt Little= s honesty, but that he would be unable to prove his claims.

183-184

21 May 1835

H. Prescott

Aberdeen

Informs the Earl of the assault against Winton, the Editor of the Public Ledger, outside of Harbour Grace. Fears that the attack was intended to be an act of divine retribution by members of the Catholic community, of whom Winton had become an enemy.

185-188

19 May 1835

E.B. Brenton

J. Crowdy

Attached: Informs Crowdy of the brutal assault against Winton. States that he was attacked by A five or six ruffians@ disguised with yellow ochre. Notes that since Winton was stunned and Churchward, his companion, was driven off, that it will be impossible to identify the perpetrators.

188v-192v

19 May 1835

Josiah Parkin, JP (Harbour Grace)

-

Affidavit taking Winton= s initial statement of the aforementioned events

193-197v

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Attached: Capt. Churchward= s deposition to Judge Danson.

198-198v

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Attached: A copy of Prescott= s proclamation requesting information leading to the capture of the perpetrators. The amount of the reward offered is , 200

199-199v

22 May 1835

Prescott

Aberdeen

Informs Aberdeen that he has increased the aforementioned award from , 200 to , 500 on the advise of A the principal merchants of St. John= s.@ Attaches an extract from a letter by Brenton noting that Winton= s injuries are no longer believed to be life-threatening.

200-201

1 Jul 1835

Glenelg

H. Prescott

Expresses outrage and regret at the assault on Winton. Fully agrees with Prescott= s handling of the matter thus far.

202-204

21 May 1835

The Inhabitants of St. John= s

H. Prescott

A letter from a number of prominent citizens respectfully demanding that the reward be increased to 500 pounds. To ensure the raising of the reward, the undersigned offer to raise money from amongst themselves.

206-207

20 May 1835

Brenton

J. Crowdy

Attached: An extract from Brenton= s letter indicating that no leads on Winton= s case have emerged, but that Winton= s condition is no longer considered life-threatening. Notes that while many of the upper class have offered their sympathy, he believes the lower classes are much more unsympathetic to Winton= s condition.

208-209

22 May 1835

H. Prescott

Aberdeen

Replies to an earlier letter, stating that the naval premises of St. John= s are of no use to the colony, and that he did not think it necessary to inform the House of Assembly of that decision. Claims that no material sum was expended in the naval yard repairs, contrary to Dawson= s letter. Discusses the state of the yard.

210-212

19 May 1835

John Oldfield

J. Crowdy

Attached: Oldfield= s report on the necessity of repairs to the naval yard. Notes repairs needed to A the principal stone@ of the yard and the store houses.

212v-213

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Attached: Oldfield= s estimate of the costs of the aforementioned repairs.

214-214v

23 May 1835

H. Prescott

Aberdeen

Reports on the deficient state of the local garrison, noting a shortage of 82 soldiers.

216-216v

23 May 1835

H. Prescott

Aberdeen

Transmits a petition from Bennett requesting the remission of certain penalties incurred by merchants resulting from a recent act of the Legislature. Encloses the Attorney General= s opinion of the petition and notes that he will suspend the penalty until he receives further instruction.

217-218

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J. Stewart

Forwards a copy of Prescott= s address of 23 May 1835, requesting that it be laid before the Lords Commissioners of the Treasury and that their opinion be given to Governor Prescott. Notes that Prescott cannot remit the penalty without the Treasury= s consent.

220-221v

30 Mar 1835

K. McLea

H. Prescott

Attached: A The Memorial of Kenneth McLea of Saint John= s.@ Complains of a shipment of pickled fish being refused from a cargo vessel on the grounds that it had not been inspected as required by a recently passed colonial act. McLea notes that the fish had been pickled before the act took effect. Requests the fine charged to him be remitted.

222-222v

3 Apr 1835

J. Simms

J. Crowdy

Attached: States that although he is unfamiliar with the act in question, he believes the penalty to be unusually high. Sees no issue in the Governor acting to relieve the memorialist should he choose to do so.

224-225

28 May 1835

H. Prescott

Aberdeen

Forwards a memorial from the Protestant Episcopal Church of Trinity and the local clergy requesting a grant of land, which would be sold to raise funds for building a Missionary House. Notes his favourable consideration of the memorial and the poor prospects of the Episcopal Church in Newfoundland.

226-227

1 Jul 1835

Aberdeen

H. Prescott

Notes the receipt of Bullock= s memorial on behalf of the Episcopal Church and assents to the grant of land. Regrets that there are no further funds available, but suggests that the memorial be referred to the Colonial House of Assembly for consideration.

228-229

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The Protestant Episcopal Church of Trinity

H. Prescott

Attached: The churchgoers= petition for funds to be used in the completion of a parsonage.

229-233

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Attached: A blueprint of the parsonage currently under construction.

234-235

28 May 1835

Bullock

H. Prescott

Attached: Bullock= s memorial requesting the grant of two small plots of land, which are to be sold to raise money for the parsonage.

236-239v

29 May 1835

H. Prescott

Glenelg

Congratulates Glenelg on his appointment as Colonial Secretary and apologizes that his public letters had, until now, been addressed to Aberdeen. Regrets the troubled state of the colony. Outlines the events of the Winton case and the prominent members of the various governmental and judicial bodies. Recommends the removal of Boulton as Chief Justice and complains of the influence of the Roman Catholic clergymen.

240-241v

30 May 1835

H. Prescott

Aberdeen

Informs Aberdeen of another increase in the award for information leading to the capture of Winton= s assailants. Outlines several charges against the A The Patriot@ and its printer, as well as the discontent of the Catholic lower classes. Notes the affixation of a placard to the Court House, a copy of which he has enclosed. Concludes with another appeal for the strengthening of the garrison.

242-242v

27 May 1835

Judge Carter

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Attached: Carter= s reproduction of the inflammatory placard that had been affixed to the Court House and which threatens violence against Judge Boulton and Mr. Garrett unless Robert Parsons is released from imprisonment.

243

28 May 1835

J. Cox

Judge Carter

Testifies that he overheard four men outside the Court House discussing a plan to A pull down the bloody building@ and liberate Parsons.

244

28 May 1835

D. Rogers

Judge Carter

Testifies the he heard John Rogers, a blacksmith, discuss the planned destruction of the Court House that night.

245-245v

4 Jun 1835

H. Prescott

Glenelg

Forwards a dispatch from the Attorney General regarding about 20 pounds of fees accumulated under Cochrane and the accidental omission of the funds to pay for his allowance from the Governor= s accounts. Requests Glenelg make the payment from a fund at his disposal.

246-247v

30 Jun 1835

T. C.M.

Sir George Grey for Mr. Stephen

A note indicating that Cochrane= s omission of the Attorney General= s allowance fund was accidental. States that it should be possible to pay it from the Rent Fund, but that it would be more proper to apply to the Assembly.

249-250

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Elliott for Glenelg

H. Prescott

Informs Prescott that he is to advance the Attorney General= s money from the Rent Fund, but that it ought to be paid as a loan as opposed to payment so it may be repayed if the Assembly refuses to provide the funding.

251-251v

11 Jun 1835

J. Simms

J. Crowdy

Requests that the Governor be made aware of the error in the payment of his allowance and that he be paid as quickly as possible, as it is urgently needed.

253-254

9 Jun 1835

H. Prescott

R.W. Hay

Discusses the issue of H. Villiers= funds and notes that he did not respond to Hay= s letter to Cochrane on the issue because of the impression that Cochrane had supplied all the necessary information.

255

24 May 1828

R. Gwilt

T. Cochrane

Attached: Gwilt= s letter to Cochrane indicating that he retains a balance of , 75 regarding Villiers= accounts, which he will either pay to Villiers at the end of the quarter, or return to Cochrane.

257-257v

10 Jun 1835

H. Prescott

Glenelg

Informs Glenelg of several A lunatics@ being held in the jails of St. John= s and Harbour Grace on account of there being no asylums to accommodate them. Requests that they be transported to England, where they may be cared for properly.

259

11 Jun 1835

H. Prescott

Glenelg

Transmits two memorials from Garrett, for which he requests favourable consideration.

261-262

9 Apr 1835

B.G. Garrett

H. Prescott

Attached: A The Memorial of Benjamin Greer Garrett.@ Complains of deficiencies in the payment of his salary, which had initially been estimated at , 250, and which several members of the House of Assembly had promised would not be reduced.

263-265

11 Jun 1835

B.G. Garrett

H. Prescott

Attached: A The [Second] Memorial of Benjamin Greer Garrett.@ Complains for a second time regarding his salary. Notes that despite his salary being permanently fixed at , 200 upon creation, it has since been reduced to , 100 by the House of Assembly.

266-266v

23 Jan 1828

Various

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Attached: Extracts from a letter by Tucker and the Colonial Secretary= s reply, both regarding the payment of Garrett= s salary.

267-267v

29 Apr 1835

C. Ayre

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Attached: Another extract, this one dealing with the Assembly= s reduction of Garrett= s salary.

268

13 Jun 1835

H. Prescott

Glenelg

Informs Glenelg he has authorized four months= leave for Boulton and Garrett.

270-270v

15 Jun 1835

H. Prescott

Glenelg

Transmits the Blue Book for 1834.

272-274

22 Jun 1835

H. Prescott

Glenelg

Transmits the petition of Mr. Parsons. Comments on Parsons= complaint of the absences of judges Boulton and Des Barres, noting that their absences do not effect him.

276-277

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Elliott for Glenelg

H. Boulton

Forwards Parsons= petition, at Glenelg= s order, to Boulton. Requests that Boulton issue his reply to Parsons= claims to Glenelg.

278-281v

Aug 1835

??? (Downing Street)

H. Prescott

Acknowledges the receipt of the memorials regarding Mr. Parsons. Agrees with Prescott= s handling of the matter. Notes that while he believes Parsons= claims to be largely unfounded, Judge Boulton should have prosecuted the libel so as to allow Parsons the opportunity to have a trial.

282-285

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R. Parsons

H. Prescott

Attached: Parsons= memorial to Prescott complaining that his case has been mishandled by the justices and that his sentence was excessively severe given the circumstances. Requests remission of his sentence.

285v

25 Jun 1835

J. Crowdy

R. Parsons

Informs Parsons that the Governor has received his memorial but has no intention of interfering in the case.

286-286v

23 Jun 1835

H. Prescott

Glenelg

Makes observations on the Blue Book for the year 1834. Notes considerable progress in agriculture throughout the colony.

288-288v

23 Jun 1835

H. Prescott

Glenelg

Transmits a statement on the condition of the colony= s finances.

290

24 Jun 1835

H. Prescott

Glenelg

Transmits a memorial on behalf of the Law Society.

291-292

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The Law Society

Glenelg

The memorial of the Law Society. Because of difficulties in reading this document, the details are not entirely clear. Nevertheless, the memorial appears to deal with the appointment of citizens of other North American colonies to judicial positions in Newfoundland.

293-294

26 Jun 1835

H. Prescott

Glenelg

Transmits his response to an earlier dispatch from Aberdeen regarding the Executive Bill and the tensions within the colony.

295-298

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Glenelg

H. Prescott

Notes the receipt of Prescott= s address regarding the act to shorten the terms of Assembly members. Outlines Aberdeen= s view of the issue and his misunderstanding of Prescott= s intention. Warns of the importance of avoiding controversy in changing the electoral laws.

299-301v

29 Jun 1835

H. Prescott

Glenelg

Acknowledges the receipt of Aberdeen= s letter requesting information on Cuddichie= s memorial regarding a legal case. Proceeds to outline the Attorney General= s view of the case against the memorialist.

301-302

23 Jul 1835

J.S.

Murdoch

Outlines the circumstances of the case against Cuddichie and the government= s attempts to eject him from a piece of land. Asks if an appeal was made following the verdict and if any proceedings had taken place before the King in Council.

303-304

27 Jul 1835

T.C.M.

Stephen

A note discussing enclosures sent by Cochrane regarding the case above. Claims that Cochrane had been informed in May 1833 of an appeal in the case, which was allowed.

304-304v

30 Jul 1835

???

-

Advises the author of the note above to write to the Treasury Solicitors for any information on the case so as to avoid A great circuitry and delay.@

305-316

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J. Simms

-

This lengthy document is comprised of Attorney General Simms= observations on the Cuddichie case and the ensuing confusion.

317-317v

30 Jun 1835

H. Prescott

Glenelg

Encloses copies of a petition supposedly containing the signatures of five thousand St. John= s residents. Notes that the petition claims injustices by Chief Justice Boulton. Notes that he believes most of the signers have no interest in the petition and are ignorant of its contents.

319-337

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The Inhabitants of St. John= s

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Attached: Copies of the aforementioned memorial in which Boulton is blamed for a number of infringements against the Royal Charter and for improperly administering the law.

Index

339-345

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-

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The index of correspondences for this volume.

End of Volume