Quære 1.-What duties the captors are to pay in this case, whether duty payable, as if the goods in question were landed in England, or whether so much only as would be left in England, if the same were exported from hence into parts beyond the seas?

Note.-That the difference of the duties will plainly appear by the annexed paper.

Answer. The goods that are thus taken in America, and carried into any of the ports there, I take to be chargeable with such duties as would be left in England, if the same had been exported hence after an importation hither.

Quare.-Another question doth arise upon this clause, whether the duty that is to be taken, is to be the prize duty, or the duty as if the goods were imported by way of merchandize?

Answer.-Goods thus taken in America must be looked upon as prize goods, and cannot be said to be imported by the captors by way of merchandize: therefore, I do think, the prize duty is to be taken.

May 25, 1708.

J. MOUNTAGUE.

(5.) The opinion of the Solicitor-General, Thomson, relating to a duty laid, in Carolina, upon British commodities.

Sir:

In obedience to the commands of the Lords Commissioners for Trade and Plantations, signified by yours of the 26th of March last, I have considered Colonel Rhett's letter; and as the law mentioned by him, laying a duty of ten pounds per cent. upon British goods, seems very extravagant, and may be reasonably supposed to be attended with the consequences he mentions, I think it

may be truly said not to be consonant to reason, and as this duty is so heavy, it may prove to be such a burthen to trade, as to be in effect a prohibition of it to the British subjects, which is by no means agreeable to the laws of Britain: I therefore humbly apprehend that the power of making laws, by the charter to the proprietors, is, in this instance, exceeded. It would be too tedious and too expensive for every particular trader to contest the payment of the duty upon the supposed invalidity of the act, as being unreasonable, and if determined against them there, to appeal to the King in council; but if the merchants find themselves aggrieved, I presume they will complain, and then, upon a petition to the King, the proprietors will be heard, and if they do not consent to remedy the grievances, a prosecution may be ordered against them and their charter, nor will the complaint be improper in parliament. April 5, 1718.

WM. THOMPSON.

(6.) The same lawyer's opinion on choosing a treasurer of the factory at Lisbon.

Sir;

In obedience to the commands of the Lords Commissioners of Trade and Plantations, signified by yours of the 26th of this instant, March, I have considered the patent to the consul, and the powers to choose a treasu rer; and I humbly conceive that, if any of the merchants there refuse such an office, or any other put upon him by the consul and factory there, the consul may refuse to be assisting to that merchant, or to protect his effects, or to let him have any of the privileges which he allows to other merchants there; but there is no method prescribed in his patent, to inflict penalties, or

to levy them, for such refusal of offices, though they are necessary to support the society; and, therefore, I think the consul's power defective in this particular.

March 30, 1718.

WM. THOMSON.

(7.) The opinion of the Attorney-General, Ryder, on the case of distressed English seamen at Cadiz.

To his Grace the Duke of Bedford.

May it please your Grace.

In obedience to your Grace's commands, signified to me by Mr. Aldworth's letter of the 6th instant, representing that the number of ships cast away in the neighborhood of Cadiz, having occasioned so many sailors to apply to Mr. Consul Colebrook for relief, that the disbursements hs has found it his duty to make, to prevent their perishing, or being obliged to enter into the service of Spain, has so far exceeded what he has been able to collect of the contribution settled, by the act of par liament, in 1736, that he has thought himself obliged to draw a very irregular bill on your Grace for 1500 dollars, to put him in a condition to go on with this necessary expense; also inclosing the letters from the consul upon this occasion, and desiring my opinion upon the methods he may most legally and properly pursue, in or der to obtain the payment of the duty settled by parliament for the relief of the distressed seamen, and to see the money appropriated to that use for which it was intended: I have considered the said inclosed letters (which are herewith returned), and likewise reviewed a report I made upon a former reference relating to the same matter, in your Grace's letter in October, 1749, in which I have stated, that I had considered the matters

contained in the said letter, and find two things complained of: one, the unequal distribution of the money, collected pursuant to the act of the 9th of his present Majesty, chap. 25: the other, the evasion of it, by getting clearances of ships without payment of the duty.

As this is a law to be carried into execution in a foreign country, not within his Majesty's dominions, I do not see any method that can be taken here by proceedings in law, to remedy either of the grievances.

As to the first, it seeming to be the effect of partiality in the deputies, who have the power of distribution, can be regulated only by influencing them to act in a more upright impartial manner, or engaging the merchants to choose other deputies, who will be more just in the execution of the trust.

As to the latter, the clearances from the port being in the power of the Spanish officers, it does not appear to me what method can be used to prevent the captains of ships from having them before they pay the dues directed by the act, but by interposition of the court of Spain, in directing and obliging their officers to deliver them to the English consul, in order to be detained by him till the act is complied with.

As to what is proposed of directing the captains of ships to deliver their Mediterranean passes to the consul, as a security for paying the dues, I do not know how such an order can be enforced, unless by making it a condition on which the validity of those passes shall depend, that they shall be so delivered, and not re-delivered, without conforming to the act, of which the consul, or some deputy for him, to make endorsements; but what may be the consequence or inconvenience of making the force of the passes to depend on this, I am not

able to judge; and, perhaps, it

may be proper to take the opinion of the board of trade upon the whole, what may be fittest to be done, to remedy the inconveniences in a matter in which the trade is so much concerned. February, 8, 1750. D. RYDER.

(8.) Mr. Fane's opinion on the privileges of the Russia company, carrying on a trade to Armenia.

To the Right Honorable the Lords Commissioners for Trade and Plantations.

My Lords;

In obedience to your Lordships' commands, signified to me by Mr. Popple, inclosing extract from the charter of the Russia company, and desiring my opinion, whether the privileges therein granted to the said company, particularly those of importing through Russia the produce and manufactures of Armenia major or minor, Media, Hyrcania, Persia, or the countries bordering on the Caspian Sea, do still subsist, notwithstanding the acts of navigation and the charter of the East India company, confirmed by acts of parliament subsequent to the Russia charter: I have considered the several charters, and the act of navigation; and I am humbly of opinion, that the privileges granted to the Russia company, of importing through Russia the produce and manufactures of Armenia, major or minor, Media, Hyrcania, Persia, or the countries bordering on the Caspian sea, ceased by the act of navigation, by which all goods of foreign growth and manufacture are prohibited under severe penalties and forfeitures, from being brought into England, Ireland, &c. from any place or places, country or countries, but only from those of their said growth or manufacture, or from those ports where the said goods