NOTES AND QUERIES.

Notes.

ARTICLES OF AGREEMENT BETWEEN BENJAMIN FRANKLIN AND LEWIS TIMOTHÉE, 1733. Among the Franklin Papers of The Historical Society of Pennsylvania is the rough draft of the articles of agreement between Franklin and Lewis Timothée for the carrying on of a printing office in Charleston, South Carolina. The following copy is made without the changes and interpolations of the original.

Articles of Agreem1 between Benjamin Franklin and Lewis Timothee, Nov. 26, 1733.

Articles of Agreem' indented made the 26th Day of november A. D. 1733 Between Benjamin Franklin of the City of Philada in yo province of pensilvania Printer of ye one pt and Lewis Timothée of the sd City Printer (now bound on a voyage to Charlestown in South Carolina) of ye other pt. Whereas ye sd B F & L T have determined to enter into a Copartnership for ye Carrying on ye Business of printing in Charles Town

It is therefore covenanted granted & agreed by & between the sd pties to these presents and ye sd B F & L T do mutually agree each with ye other of them & to & with the Heirs Exects & Adm's of ye other of them in manner followg. That is to say, That they the sd Benjamin Franklin & L T shall be ptners in carrying on ye Trade & Business of Printing in Charlestown af for & during the Term of 6 yrs from the Day on which ye sd L T shall be put in Possession of a Printg Press Types & Materials in the Town of Charlestown in S. Carol. provided by B. F if they sd B & L shall so long live. That ye sd B. F shall be at ye sole Charge & Expence of providing a printing Press with all its necessary appuertenances tog' with 400 wt of Letters (if ye sd LT shall require so great a Quantity) & shall cause ye same to be delivered into ye possession of y° sd L T in Charlestown af. That the Business & working part of Printing & of Disposing of ye work printed shall be under ye Care Managem' & Direction of & performed by ye sd L T or at his Expence. That all Charges for paper Ink Balls Tympans Wool Oil & other Things necessary to printing Together with ye Charge of all common & necessary Repairs of ye press and its appurts and also ye Charge of Rent for a Shop & for so much Room as is necessary to be used in y management of ye Business of printing af shall be divided into 3 equal pt 2 of which sd pts shall be dead by & paid as due from ye sd L T and ye remaing 3rd pt shall be defrayed & allowed to be pa as due from ye sd B F & deducted out of ye Income next herein after mentioned. That all money recd or to be recd for printing or for anything done or to be done relating to ye Business of printing af bye sd L T either as Gratuity premium Reward or Salary from the Governm1 or from others shall be divided into 3 equal pts 2 of woh gd pts the sd L T shall have for his Care managem' & performance af and ye sd B. F shall

defrayed

Franklin's account with St. John's Lodge of Masons, 1731-1734, in the Cullection

of The Historical Society of Pennsylvania.

have ye remaining 3rd pt thereof. That for the regular transacting the affairs in Copartnership aforesaid the said L T shall keep fair and exact Books of accts of & concerning all Work done & sold by him & of all his Rects & Disbursts relating to the Business of Printing in Copartnership ad with ye Day Month & y' of each Entry & submit ye same to ye view of ye sd B. F his lawful attry Ex or Adm's as often as thereunto required And y' all ye Accts of ye Copartners in Copartnership af shall be drawn out Fair comunicated to each other and settled once a y' during ye Copartnership af or oftener if either of them the s Copartners shall require it and y' upon such settlem' ye sd L T shall remit the p' by this agreem' betongs to ye sd B F in such Wares or Merchandizes or in Bills of Exchange or in Money as the 8 B F shall direct by Letter or Order under his Hand on board such Vessell & to such Part as ye B F shall also require by Letter or Order as af at ye proper Risque of ye sd BF. That ye sd L T shall not work with any other printing materials than those belonging to ye sd B F nor follow any other Business but printing during y Continuance of the Copartnership af occasion' Merchandize excepted. That ye Loss of bad Debts shall be divided & sustained by both p pties in the same proportion as ye money ought to have been divided by this Agreemt if it had been received That neither of ye sd pties shall reap any Benefit or advantage by survivorship if ye other of them shall depart this Life before ye Expiration of ye sa Term of 6 yrs as af". But that if ye sd L T shall depart this Life before ye Expiration of ye sd Term his Ex's or Adm shall deliver up the press Types & all other materials of printing which have been provided by sd B F at his Charge to ye sd B F his cert" att Ex" or Adm" upon Demand in good Order & Condition (allowing for y° usual Wear & Decay of such things) as also ye Share of Money Effects & Debts-belonging to ye sd B F by this agreem'. Provided nevertheless That if P T son of ye sd L T shall be capable of carrying on and will carry on the Business of printing af as it ought to be carried on and shall also give sufficient security for his complying with & performing all things relating thereto weh by this agreem ye sd L T ought to have done had he lived It shall be in ye power of ye sd PT to keep & improve ye materials of printing so provided bye sd B F as af until ye Term of Copartnership af is expired Any thing herein before contained to ye Contrary nowithstands But if ye sd P T shall relinquish this agreemt and shall be unwilling to continue ye Copartnership hereby made Then he shall not work at the Business of printing at all in ye province of Carolina af until the Term of Copartnership af be compleatly expired. And if ye sd B F shall depart this Life before y Expiration of ye Term of Copartnership af the sd LT shall continue ye Business nevertheless paying & remitting the p' by this Agreem' belonging to ye sd B F unto ye Exrs Adrs or Ass of ye gd B F or as they shall direct they performs, all parts of this Agreem' to y° sd LT wch he ye sd BF ought to have done if he had lived. And at ye Expiration of the Term of 6 yrs af ye sd L or his son P shall have ye preference of purchase the sd printing press materials and Types, if they shall be so disposed at their present value allowing only what shall be adjudged a reasonable abatem' for ye wear of such Things in ye Time they have been used. But if ye sd L nor P shall not be inclined to purchase them at that price they shall transport or cause to be transported to & delivered at Philad". the said printing press materials & Types at their own proper Risque &

Charges, to ye sd B F his Ex" Adm's or Ass" & if any unusual Damage by bad usage or negligence shall have happened to them they ye sd L or P shall make it good, but if any Damage shall happen to the said Printing Press Types & Materials by some unavoidable accident, the Loss shall be divided & sustained by both Parties in the same Manner as the Loss by bad Debts is by this Agreement to be divided & sustained. Provided nevertheless that if ye printing press materials and Types web ye sd B F provides shall be consumed & destroyed by Fire or otherwise renderd unfit for use before ye sd L T shall have them in poss" then the Loss thereby shall be wholly sustain'd by the said B F & the Copartnership hereby made shall be dissolved & abolished Unless ye sd B. F be willing to continue it & provide another press & Types as af & send them at his own Risque to Charlestown af to be there delivered to the sad L T anything herein before contained to ye Contrary in any wise not withstanding In Witness &c

[Endorsed]

Articles of Agreem

between Printers

ab' carying their Trade

viz int. B. Franklin

& L.Timothée.

LETTER OF THOMAS DIGGES TO BENJAMIN FRANKLIN, 1779.— Dr SIR.

My journey hither was a favourable one & I am in hopes will turn out to good account; I have not yet however been able to deliver all your letters-those for the environs of London are yet in my possession as I preferrd keeping them a day or two to make a personal delivery of them, to the risqueing them by penny post. I this day deliverd Miss Shipleys His Lordship was not at home to join in the general satisfaction & joy expressed by the whole Female part of the Family on hearing from yourself that you were well & happy-I got a share of consequence by being your messenger, and was rogue enough to wish (when I saw a hasty kiss given to B. F. at the foot of your Letter) to have the beatitude transferrd to me-It is a shame for you to be so great a monopoliser of Hearts. I understand from the Family that a french Gent" (I believe the Ecuyer to the Count D'Artois) sets out in the morning for Paris, & I am to send this to the Bishops for forwarding by Hine.

Our matter goes on seemingly very well; on a meeting between Mr. H. and a certain great man, the latter seemed to catch with avidity at Mr. H's application for an audience, & this night at nine o'clock is the hour appointed for a parley: I fear it will not be in my power to forward you the result of that parley by this conveyance, as I am under injunctions from your Ruby-lip'd Correspondent to send my letter this evening; I will however keep it to the last, and at any rate risque sending another letter to the Bishops in the morning. I write you from our friend Mr. H. where I am waiting his return from Westminster Hall & for his Roast beef.

Everything seems working well for our Country & its cause, I hope no civil discord or nasty cabals will cast a cloud over the promised fair & serene western sky. Arbuthnots squadron is not yet saild from