Articles of Agreement Indented and made and concluded this 2d April 1776 in the Sixteenth Year of the Reign of Our Sovereign Lord George the third by the Grace of God King of Great Britain France and Ireland Defender of the Faith and so forth, By and Between the Right Honorable the Lords Commissioners of his Majesty's Treasury on the Part and behalf of his Majesty of the one part and Arnold Nesbit, Adam Drummond and Moses Franks Esqrs. on the other part.

Whereas it is thought Necessary that a Contract should be entered into with some fit and responsible persons for furnishing a Quantity of Provisions for the supply of the Troops on Service in America such Provisions to be delivered into Store Houses at Corke at such Times as the said Lord Commissioners shall Appoint.

And Whereas Proposals have been made to the said Lords Commissioners by the said Arnold Nesbit Adam Drummond and Moses Franks for performing the said Service Which proposals the said Lords Commissioners have on the part and behalf of his Majesty thought fit to Accept upon the terms Limitations and restrictions herein After mentioned.

Now this Indenture Witnesseth that the said Arnold Nesbit Adam Drummond and Moses Franks Do for themselves, their Heirs Executors and Administrators promise Covenant, Contract and Agree with the said Lords Commissioners of his Majesty's Treasury that they the said Arnold Nesbit Adam Drummond and Moses Franks shall and will deliver or cause to be delivered at their own Costs Charges and Risques into Storehouses to be provided at His Majesty's Expence such Respective Quantities as the said Lords Commissioners shall direct and Require of good wholesome and sound Provisions of a Quality and condition fit for the purpose of exporting to America for the use of his Majesty's Troops there serving under Genl Howe of the kinds herein After mentioned as will be sufficient to Victual 12000 Men from the 1st Day of January 1776 to the 1st day of May 1777 in the following Proportions that is to say for each Person to be Victualled for several days and so for every seven days, Successively, Seven pounds of Bread or in lieu thereof Four pounds of Pork Six Ounces of Butter three Pints of Pease One pound of Flour or in lieu thereof Half a Pound of Rice or half a Pound of Oatmeal and the said Arnold Nesbit Adam Drummond and Moses Franks further Covenant and Agree that they will during the Continuance of ye Present Contract furnish upon due Notice given to them such Quantities of the said several Articles of Provisions as shall from time to time be Required and Demanded of them by the said Lords Commissioners and deliver the same into his Majesty's Storehouses at Corke at their own Expence And in Case any of the said Provisions shall be found bad in their kind or unfit for the purpose before mentioned by the Person or Persons to be Appointed for inspecting or examining the same such provisions shall not be suffered to be put into the Storehouses but the like Quantity of ye like Articles of Provisions good wholesome and Sound shall be furnished in lieu thereof at the Expence of the said Contractors And the said Arnold Nesbit Adam Drummond and Moses Franks do likewise agree that all the Provisions to be delivered into his Majesty's Storehouses at Corke shall be packed in the best Manner and most suitable for the intended Service, And the Lords Commissioners on the behalf of His Majesty Do covenant promise and Agree that the said Arnold Nesbit Adam Drummond and Moses Franks their Heirs Executors and Administrators shall be Allowed and Receive for the Provisions so delivered into his Majesty's StoreHouses at Corke at and after the Rate of 5 1/4d p. Ration upon Producing Certificate signed by the Commanding Officer and Commissary of Stores at Corke or some Person or persons as shall be Appointed for that purpose which Certificates are to specify the Quantities of Provisions which shall have been delivered and that the same were in good Order and Condition And the said Lords Commissioners do likewise Covenant and Agree that they will bear harmless and indemnify the said Arnold Nesbit Adam Drummond, Moses Franks from all Losses and Damages that may happen to the said Provisions after being delivered into the Store Houses at Corke and also in regard to the payment of any Custom House Duties for or upon any of the said Provisions to be delivered pursuant to this Contract and it is hereby declared and Agreed by and between the said Parties to these Presents that the same and the several Articles and things Contained therein shall Continue and be in force for and during the space of Sixteen Calendar Months that is to say for and from the first day of January 1776 to the first day of May 1777 exclusive.

Lastly it is Covenanted and Agreed between the Parties to these Presents that the said Lords Commissioners of His Majesty's Treasury or any of them shall not be liable in any of their Persons or Estates to any Action of Covenant or other Action whatsoever by Reason or Means of their being on his Majesty's behalf made parties to this Contract In Witness whereof the said Lords Commissioners of his Majesty's Treasury and the said Arnold Nesbit Adam Drummond and Moses Franks have hereunto interchangeably put their Hands and seals the Day and Year first Above Written

North C Townshend Beauchamp Cornwall

It will be Necessary to begin the Campaign with Six Months Forage in the Magazines which cannot be procured in this Country in its present Situation therefore it must be looked for from Europe.

Rhode Island from the best information can supply fifteen Thousand Tons of Hay in Season, but still great difficulties will arise in procuring it if the Inhabitants of that Island are inimical, as you must depend upon them to cut and cure the Hay. The same Observation will answer with respect to Long Island, and Statten Island, in the Province of New York. Therefore upon this uncertainty the dependence upon Magazines must be upon Europe.

The army being in the field may furnish itself with green forage from the Middle of June to the Middle of September.

Canada is able to Supply the Articles of Oats and Bran, but the length and uncertainty of the Voyage is such, that it is thought these articles may be brought from England or Ireland, full as Cheap, and with this advantage that Oats in particular are far superior in Quality. . . .
Head Quarters Boston Nov. 27th 1775.

Instructions to be observed by our Trusty and Welbeloved Nathl Day Esqr. in the execution of his Commission, under our Sign Manual bearing date 20th day of March 1776 whereby he is appointed Commissary of Our Army in Canada.

You shall forthwith repair to the District described in your Commission as afores'd & take upon you the inspection, supervision, & direction of all Commissaries, & Deputy Commissaries, & Ass't Commissaries, of every description, & all their subordinate Officers, Ministers, & Agents whatsoever now or hereafter belonging to, or attending upon our Army that now is or shall be in Canada, subject nevertheless in all things to such Orders as you shall from time to time receive from us, or from our high Treasurer, or the Commissioners of our Treasury, for the Time being or from the Commander in Chief of our said Army.

You are from time to time to appoint any one, or more of Deputy Commissaries, or Assistants whom you shall think fit to preside over, take care of, superintend, aid, & assist in the securing and management of Magazines and Depots of Provisions and Forage for the use of the said Army, and also the conduct and Establishment of the Bakery, as the exigency of the Service may require.

You are to take charge of all Provisions which shall arrive in Canada for the use of our Army there and superintend the distribution thereof to the Troops. And you are to follow all such Rules and Orders touching the Providing and distribution of Fresh Provisions as you shall receive from the Commander in Chief of our said Army for the time being.

You are to make up monthly Accounts of all Provisions and Supplies which shall be received for the use of Our Army, and of the expenditures thereof, and what shall remain in Store, with an Account of the Number of the Rations drawn and of the Officers, Private Men and all others victualled, distinguishing their Rank and situation, and you are from time to time and by every opportunity to make exact and true returns thereof to Our High Treasurer or Commissioners of the Treasury for the time being and you are also from time to time to impart to Our High Treasurer or Commissioners of the Treasury for the time being all material transactions arising within the Charge of the Commissariat, attending our said Army, Given etc.

George R
George the Third by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc. To our Trusty and Welbeloved Daniel Wier Esqr. Greeting: We do by these Presents constitute and appoint you to be Commissary General of Stores, Provisions and Forage to Our Forces serving within Our Colonies in North America, lying upon the Atlantick Ocean from Nova Scotia on the North to West Florida on the South, both inclusive, now under the Command of Our Trusty and Welbeloved Sir William Howe, Knight of the Bath, Major General of Our Forces, and General of Our Forces in North America only; You are therefore carefully and diligently to discharge the Duty of Commissary Genl. of Stores, Provisions and Forage for Our said Forces, by doing and performing all and all manner of things thereunto belonging; And We do hereby authorize and impower you to inspect the buying & delivering of Stores, Provisions and Forage for the use of Our said Forces, whether the same be done by Contractors or others, and likewise to settle and adjust all accounts relating thereunto; And you are to observe and follow such Orders & directions from time to time as you shall receive from Us, the Commander in Chief of our said Forces, or any other superior Officer, according to the Rules & Discipline of War. Given at Our Court at St. James' the First day of February 1777, in the Seventeenth Year of Our Reign.

By H. M. 0.
Geo. Germain

Daniel Wier Esqr Commissary General of Stores, Provisions and Forage to the Forces in No. America now under the Command of General Sir William Howe.

¹W.O. 60:11.

2W.O. 60:11.

3T. 64:107, Robinson to Clinton, 19 Jan. 1779 (enclosure).

4T. 64:1061 pp. 64-67.

5C.O. 5:92, p. 721. Apparently drawn up for the perusal of Lord Dartmouth.

6T. 64:104.

7W.O. 25:33, p. 120.