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being And Wee doe hereby will and require him the said John
p. 162 Nuttall in his Custody Safely to keepe the persons Boates
Vessells or trucks of any person taken soe trading without
Lycence untill they shall bee brought to a legall tryall before
o'' leiueten' or Cheife Gouerno"^ of this Prouince for the tyme
being Prouided that this Lycence unto the said John Nuttall
for tradeing with the Jndians shall not bee in force but untill
the twenty thirde day of January next ensueing the date hereof.
Giuen under the great Seale of our said Prouince of Maryland
this twenty third day of January in the One & thirtyth yeare
of our Dominion ouer this Prouince Annoq Domini One thow-
sand Six hundred Sixty two Wittnesse our deare Sonn &
heire Charles Caluert Esq"^ Our Leiueten' Generall of o' said
Prouince of Maryland

Signed

Charles Caluert
The s"^ John Nuttall entred on Bond &c:

Wheras T am informed that certaine Sloopes &

January 31° i t r 11 • /•-. r>

other Vessells come mto yo'' County & transport
away Tob. before they enter their Sloopes Contrary to the Act
of Nauiga'^on, & the Act Order & Lawes here established,
These are therefore in his L^^ name to authorize yo"^ to examine
all & Euery p'^son attending in any Sloope or other Vessell
carrying & attempting to export Tob. & not shewing Certificate
of their Entry here, That then yo"' cause them to putt in good
sufficient security that w'^'in Ten dayes att least they come
eyther before the Leiut' Grail, of this Prouince, or the Secretary,
& there make Entry of such Sloope or other Vessell as afores'*
And if in case yow find any that haue loaded any Tob aboard
their Vessells, & not shewing Certificate of such their Entry
That then yo"^ seyze the same, & cause both the Vessell
together w"* the Tob. soe seized by yo"^, to bee conueyed &
P- 163 brought unto the Leiut' Grail, to bee by him & the Councell
determined and iudged of according to the s'' Acts & Orders
here. Gyuen under my hand, & the lesser Seale of the Prouince
this 31"" Januarij 1662.

To m^ Richard Collett Signed

in Caluert County. Charles Caluert

[Immigrants from Virginia.]

Charles Caluert Esq"" Leiuten' & Cheife Gouerno'' of
the Prouince of maryland under the R' Hon''^ Csecilius



Proceedings of the Council of Maryland, 1 66 1 - 1 67 5 . 469

Lord & Proprietary of the same. To all f/sons to whom these Liber h. h.
p'nts shall come Greeting in Our Lord God I'Luerlastinj^ Know
Yee th^ taking into Consideracon the Petition of diuers p'^sons
well affected to this Prouince now or late Jnhabitants of North-
ton County, otherwise called Accamack in Virginia, who are
desyrous to transplant themselues & families into this Prouince.
And for the more speedy & effectuall prosef|uuon of his s'' L''*
Command to mee to see that part of this I^rouince next ad-
ioyning to the County afores'' poepled. And for the ease &
benifitt of all such p^sons who shall transplant themselues into
this Prouince from Accamack afores'' J haue nominated con-
stituted & impowred & doe by these p''nts nominate constitute
& impower John Elzey, Randall Reuell, & Stephen Horsey, or
any Two of them, being w"'in this Prouince to graunt War''
for Land, (during the tearme of Three months next ensuing
the date hereof) uppon the Easterne shoare of this Prouince in
any part below Choptanck Riuer. That is to say ffifty Acres
for Euery p''son transplanted uppon such Condicons & tearmes,
as are expressed in his L^^ Condicons of Plantaon now remayn-
ing uppon Record regulated according to his L^' Declaraon of
the 22"" of septemb"" 1658, now uppon Record allso. Prouided
that Euery p''son clayming any Land by uertue of the
Condicons afores'^ for & in respect of the transportaon
of any p''son or p''sons into this Prouince, Doe before p. 164
the s'^ John Elzey, Randall Reuell & Stephen Horsey or
any Two of them, & being w^'^in this Prouince, take the Oath
of fifidelity by the s'* Condicons of Plantaon requyred. W'^'' s''
Oath the s'' John Elzey, Randall Reuell, & Stephen Horsey, or
any Two of them, are hereby impowred to administer, to all or
any tlie p''sons desyrous to transplant themselues as afores'',
before they shall haue any Warr'^ graunted unto them respec-
tiuely. And allso Prouided that all such p'sons as shall haue
any war" graunted be accomptable to the Secretary for the
time being for all such ffees, as for the s"^ War'^ & Entryes shall
become due. And the s'* John Elzey, Randall Reuell &: Stephen
Horsey, are hereby requyred to keepe a Booke of all such Rights
& wor'^ as shall bee by them or any of them graunted, distincdy
recyting the name & sirname of Euery p'son for & in respect
of whose transportaon they haue allowed any Land. And the
same att the end of the Three months afores'^ to Returne into
the Secretaries office signed w"' their hands. And for as much
as in a place now poepled some differences may betweene p''ty
& p'ty arise, or crimes be p'petrated & committed, ftbr the
Conseruaon of the Peace, & better Gouerm' of the Poeple
there residing. Wee doe hereby impower the s^^ John Elzey,
Randall Reuell & Stephen Horsey, or any Two of tliem to
heare and Determine all Causes not exceeding Two Thowsand



470 Proceedings of the Council of Maryland, 1661-1675.

Liber H. H. pownds of Tob. As allso to cause to bee apprehended &
punished any Criminal! offending agst any the Lawes of this
Prouince Prouided they proceed not . to take life or member,
Gyuen att S' Maries under the lesser Seale of this Prouince
this 4"" day of ffebruary, in the One & Thirtith Yeare of his
Lp^ Dominion ouer the s'^ Prouince. Anoq Dni 1662.

[Denization of Emperour Smith and others.]

p. 165 ffebruary Caecilius Absolute Lord & Proprietary of the Pro-
uinces of Maryland & Aualon, Lord Baron of Baltemore
&c: To all Persons to whom these p''nts shall Come Greeting in
Our Lord God Euerlasting. Whereas Emperour Smith Subiect
to the States of Holland, hauing transported himselfe into this
Prouince here to inhabite, & as a ffree Dennizen ffreedome
Land to him & his heyres to purchase. Know yee th' Wee
willing to giue due encowragem' to the subiects of that Nation.
Doe hereby declare him the s^ Emperour Smith to bee a ffree
Dennizen of this Our Prouince of Maryland. And doe further
for Vs our heyres & Successo"^^ streightly enioyne Constitute,
ordaine & command That hee the s"^ Emperour Smith bee in
all things held, treated reputed & esteemed as one of the
ffaythfull Poeple of Vs our heyres & Successo'^ borne w^'in this
our Prouince of Maryland. And likewise any Lands, tenem'%
Reuenues Seruices & other hereditam'^ whatsoeu"' w'^n our s^
Prouince of Maryland may inherite, or otherwise purchase,
receiue take haue hold buy & possesse, & them may Occupy
& enioy giue, sell alien & bequeath, as likewise all Liberties &
ffranchises of this Our Prouince of Maryland freely quiettly
& peaceably haue & possesse, Occupy & enioy as any of Our
ffaythfull Poeple borne or to bee borne w'^in Our s*^ Prouince
of Marj'land, w"'out the lett, molestaon uexaon trouble or
greiuance of Vs our heyres & Successo" Any Custome to the
Contrary hereof in any wise notw'^standing. Gyuen att S'
Maries under the Create Seale of Our s"^ Prouince of Maryland
this seauenteenth day of ffebruary in the 21"^ yeare of Our
Dominion ouer the s'^ Prouince Anoq Dni 1662. Wittnes
Our Deare Sonne & heyre Charles Caluert Esqr our Leiut' of
our s"* Prouince of Maryland.

p. 166 Caecilius &c. To all persons to whome these p''sents shall
come Greeting In o' Lord God euerlasting Wheras Barnard
Vbben Subject to the States of Holland hauing transported
himselfe his wife and Children into this prouince here to
inhabite hath besought Vs to grant him the said Barnard
Vbben leaue here to inhabite and as a free Dennizen ffreedome
land to him & his heires to purchace Know yee that Wee



Proceedings of the Council of Maryland, 1 66 1 - 1 67 5 . 471

willing to giue due encouragm' to the Subjects of that nacon, LiUr n. 11.
doe hereby declare them the said Barnard Vbben his wife &
Children as well those allready borne as those here-after to be
borne to bee free Dennizens of this o' prouince of Maryland
And doe further for Vs o"" heires & Successo" Streightly
enioyne Constitute ordeine & Comand that the s"" Barnard
Vbben bee in all things held treated reputed & esteemed as
one of the faythfull people of Vs o'' heires, & .Successo''* borne
w'''in this o' prouince of Maryland and likewise any lands
tenements Reuenues Seruices & other hereditam'' whatsoeuer
within o' said prouince of Maryland may inherite or otherwise
purchase receiue take haue hold buy & possess & them may
Occupie & enioy Giue Sell alyen & bequeath as likewise all
libertyes franchices & priuiledges of this o'' prouince of Mary-
land freely quietly & peaceably haue & possess Occupie &
enioy as o' faythfull people borne or to bee borne within o' said
prouince of Maryland without the lett molestacon uexacon
trouble or Greiuance of us o"" heires & Successors any Custome
to the Contrary hereof in any wise notwithstanding Giuen
att S' Marys und' the Create Scale of the said prouince of
Maryland this 17"' day of ffeb. in the 31'^ yeare of our
Dominion ouer the said prouince Annoq Domini 1662 Wittnes
o"" Deare sonn & heire Charles Caluert Esq'^ Our Leiuetenn^ of
o"" said Prouince of Maryland

Commission issued to Captaine Hugh Neale of Charles p- 167
County to bee Captaine of the Company late und"" the Comand
of Captaine Christopher Russell &c. Giuen under my hand
and scale this 20"" day of ffeb'' 1662

Signed Charles Caluert

^ ^ Att a Councell held att S' Johns 20"" ffeb. 1662,
Leiut' Grail, Philip Caluert Esq"" Chancello'' Henry
Sewall Esq"" Seer, m"^ Baker Brooke m'' John Bateman.

Vppon debate of the Councell, who shall bee appoynted
Commis""' on th' part of the Easterne shoare newly seated, &
adioyning to Virginia

Ordered th' m' John Elzey & Stephen Horsey be continued.
That Randall Reuell bee out. And th' William Thorne &
Cap' John Odber bee ioyned to m"^ John Elzey &: Stephen
Horsey in the s*^ Commis"

vid auio Commis" to Cap' Hugh Neale in Charles County
supra^''" " (under Co" Will'" Euans) Mutatis Mutandis ut est in

fol. 2X



472 Proceedings of the Council of Maryland, 1 661-1675.

Liber H. H. Att a Councell held att Dela Brooke

in the County of Caluert this 19""
March 190 day of march 1662.

P''nt Charles Caluert Esq"^ Gouerno"^
Henry Sewall Esq*" Seer.
John Bateman Esq*^ ) ^ „
Baker Brooke Esq"^ j

Ordered th' a Speciall Court bee held att S Leonards in
Caluert County on Twesday the last of this p'sent Month to
try the p''son of Patrick Dew. Who lately murthered the
Body of Richard Morton.

War' mde to the sheriffe to summone the Wittnesses
War' to ditt to summone Cap' Thomas Manning as
Attorney Grail to preferre a Bill of Jnditem' agst the s*^
Patrick Dew for murthering the s*^ Rich: Morton.

War' to ditt Sheriffe to summone 30 p'sons for Jurors
to try the s** Patrick Dew.

1663.
Commis" to Cap' Will"" Boareman, for tradinof w"'

March 25. , ^ t t i • ^• r ^ ^

the Jndians. Jdem mutatis mutandis vt est tor i6i°
to John Nuttall.

The Bond for those to giue who haue Comis"
to trade w'"" the Indians.

This day came Cap' Will" Boareman Gent" & acknowledged
himselfe endebted unto the R' hon"^ the L*^ Prop"" of this
Prouince in the iust & full suihe of fiue hund"* pownds sterl. of
lawfuU money of England to bee payd att or afore the day

of next ensuing the date hereof in Case hee the s^ William

Boareman shall not come & yeild up a p'fect & true accompt
of the Tenth part in weight or ualue of all Cofhodities what-
soeu' traded for with any Jndian or Jndians whatsoeu"^ eyther
by himselfe or any other p'son intrusted by him unto the L**
. Prop"" of this Prouince or his heyres, or his or their Leiut' or
Cheife Gou'' for the time being. Or any other Officers or
Officers by him or them impowred therein, when hee thereunto
shall bee lawfully called. And in Case hee doth trade for any
Corne hee doe not export the same out of this Prouince w"'out
Lycence first had & obtayned from the Leiut' or cheife Gou"" for
the time being. And doe not fullfill all such Condicons as are
expressed in the last Act Concerning Trade w'^ the Indians,
ffor the w'^'' paym' well & truly to bee made and done hee the
s** Will"" Boareman doth bind himselfe his heyres Exec'^
Admist" & assignes firmely by these p''sents. & doth here-
unto sett his hand & Scale this 25° day of March 1663.



Proceedings of the Council of Maryland, 1 66 1 - 1 675. 473

Whereas J am informed th' Certaine Barks, Catches Liber n.
^^ Sloopes & other Vessells come into this I'rouince to ■'" ''^■^
trade & transport away Tob out of the Prouince before they
come & enter such their Barks Catches Sloopes & other
Vessells as afores'' Contrary to the Act of Nauigaon & the Act
& Orders of this Prouince in th' Case Prouided. And reposing
speciall trust & confidence in the integrity of yo* Richard
Collett J doe hereby authorize yo* & likewise impower yo* the
s'' Richard Collett to examine all & Euery p'son or p'sons
attending on, or sayling in such Barke, Catch, Sloope or other
Vessell carrying or attempting to eaport away Tob. out of the
Prouince & not shewing Certificate of their Entry of such
Barke Catch Sloope or other Vessell in this Prouince, That
then yo"' cause all such persons attending on or sayling in such
Vessells as afores'' to putt in good & sufficient security that
w"'in Ten dayes att least they come eyther before the Leiut'
Grail of this Prouince & the Secretary, & there before them
make entry of such Bark Catch, Sloope, & other Vessell as
afores^. And in Case yo"' shall find know or heare of any
Barke' Catch Sloope or other Vessell not hauing made entry
thereof in this Prouince, & exporting, or attempting to export
Tob. out of the Prouince, yo"' surprize & seyze the same, &
cause both the Vessell & the Tob. soe laden on Board, & soe
seized by yo"^ to bee conueyed & brought unto the Leiut' Grail,
to bee by him & the Councell determined & iudged according
to the Acts & Orders here And further J doe hereby impower
yo'" the s'' Rich: Collett (in such Case yo"' shall iudge it need-
full & requisite) to presse Men Ammunition & Armes for the
more speedy surprizing & seising such Barke, Catch Sloope &
other Vessell exporting Tob hence, & not hauing made such
entry as is requisite, Contrary to the Act of Nauigaon, & the p. 170
Law & order of this Prouince Gyuen att S' Maries this 27"' day
of March 1663.

Signed.

Att a Councell held att S' Johns 8° Aprill 1663.

Pnt^ Leiut Grail

Philip Caluert Esq*^
Henry Sewall Esq
M^ Baker Brooke

[Scarborough's Proceedings.]

was read a Ire from M' John Elzey to M' Sewall

Hond srs gy ^i^g ]^gj. oportunity of Conueyance w"*" was by John

Anderson, Wee gaue yo' hon"^^ ace' of what Co" Scarborough

writt to M"^ Reuell, as Concerning their Claime to this place.



474 Proceedings of the Coujtcil of Maryland, 1 661-1675.

Liber H. H. & haue cuer since exspected some Instructions from the hon'''^
Leiu' Grail how Wee should answere him, if hee should come
up. But as yett can heare none.

S"" since th' time of writing my busines drawed mee downe to
Accamack, where Co" Scarborough arrested me att his Ma''"
suite, & made his demand of Obedience & Rights for Land
The Copie whereof J haue here enclosed, & the Copie of my
answere to it, w"" out w'^'' J could not haue done my busines,
nor haue returned home before J had beene att James Towne.
Where J doe beleiue it would haue beene exacted more particu-
larly. Co" Scarborough telling mee, th' my answere was like
to th' of the Diuell of Delphos. When hee had my Responce
hee told mee That if hee could hee would bee up w'" us before
James Towne Court, if not presently after, & make the same
demand of euery p''ticuler p''son, & on denyall would according
to his Order sett the Broad Arrow, on the howse of him that
p. 171 should refuse to giue a satisfactory answere, & promises greate
protection, on submission.

Now J beseech yo'' hon'' th' yo" will w"^ what speed yo"^ can,
urge his Lp to consider our Condicon, how Wee lye betweene
Sylla & Charibdis, not knowing how to gett out of this Labar'ith.
J could not understand but th' hee doth intend to come up w'"
a Competent Company to force us, who are not in a Capacity
to defend our selues agst the Pagans, who doe grow uery in-
solent, & tells vs that Wee are Lyars, & th' our greate Men
care not for us, because th' none of them comes to us, J would
gladly haue wayted on yo' hon'' but cannot att p'sent, by reason
of an extreame Cold, th' hath seised in mee. But because J
would not haue these Miscarry, J haue sent my freind, by whom
I shall exspect your answere to the satisfaction of all the Jn-
habitants, who doe much desyre to serue his L^ faythfully, &
liue quiettly under his Protection & gouerm' To enioy thatt
little goods they haue in peace, & not haue it Macerated &
torne from them because they are ignorant. Thus hoping yo'"
will thinke of us and prouide for o"" safeties, that, cannot helpe
our selues. J shall omitt att p'sent what further discours J
haue heard, vntill it shall please god that J see yo* & rest
Monanoakin this "" of yo"" hon" euer ffaythfull

march 1662. & ready seruant

John Elzey.

Co" Scarboroughs demand.
M' John Elzey

This day as J am his Ma'"" Treasurer & substitute J doe
demand of yo''' Obedience & acknowledgm' to his Ma'^^ dues
in poynt of Right for Land & Gouerm' w'^'' though hitherto
uppon some reasonable p'tences yo''' haue declyned. J haue



Proceedings of the Council of Maryland, 1 66 1 - 1 6 7 5 . 475

uppon better information & doe by these p'sents demand yo' Liber ii. ii.
immediate Obedience to his sacred Ma'^ in poynt of Ri^ht for ■'• '^*
Land & ,i,^oiierm', to w'^*' yo' answere & Submission is requyred
by mee his Ma"" Officer this 23"' of ffebruary 1662.

E. S.

Vppon some delayes & Scruples made by M' John Elzey
J demand Right of Land in & uppon the place where hee
lyueth, & subiection to his Ma"'=' Gouern' being in a place now
called Monanoakin, formerly in Smiths Map Wicocomoco Riuer

E. S.
M' John Elzies answere
M"" Scarborough

Honowred S"" hauing perused yo' demand of Obedience &
acknowledgm' to his Ma"" dues in poynt of Right for gouerm'
I can giue noe other Responce then this That J shall decline
as long as J Hue all authority th' shall be deriued from him his
heyeres or lawfull successo''^ & am & shall bee allwayes ready
to yeild Obedience to then th' is or shall bee o"" Gou"" by any
authority graunted from him, or any of his Lawfull successo'%
& will willingly pay all such Rights & dues as shall bee law-
fully demanded of mee, whither in Right of Land or otherwise,
& soe shall J subscribe this 23"" of ffebruary 1662.

J.E.

Vppon reading of this letter, Jt is Ordered That a Letter bee
sent to S"" Will™ Barkeley Gouerno' of Virginia from the
Gouerno'' & Councell here, signifying unto him Co" Scar-
boroughs demands of Obedience & acknowledgm' to his Ma'^
in poynt of Rights of Land from the poeple inhabiting att
Monanoakin, & Anamessceks, as well as submission to his
Ma''" Gouerno"' of Virginia. And th' on their part, they would
appoynt a time When Wee on our part shall attend on them p. 173
to Determine that place w'^'' shall bee accounted Watkins Poynt,
according to his Lp^ Patt' for Maryland.

Vppon Jnformaon gyuen to the Councell That Cap' Samuel
Tilghman hath uttered sundry scandalous. Contemptuous &
seditious words agst the Gouerno"" & Councell, & the proceed-
ings in the gouern' of this Prouince

Ordered th' a speciall writt bee fortw"" gyuen out, to arrest
the s"^ Cap' Tilghman to appeare eyther by himselfe or Attorney
att the next Prouinciall Court to bee holden att S' Maries 2° Junij
next to answere such his contemptuous speeches as afores"*
And in Case hee depart the Prouince before th' time Then that
his Attorney bee lyable to such Censure as shall bee then im-
posed & Ordered by the Court.



476 Proceedings of the Council of Maryland, 1 661-1675.

Liber H. H. Apriii 280 Commis" Exiuit prout in Ordine to Councell to M""
John Elzye M"" Stephen Horsey, M^ Will'" Thorne,
vid.foi. 167. & Cap' John Odber. vt supra in Ordine.

[Over-production of Tobacco.]

S"" Will*" Berkeley his Letter to the Leiut'
Grail of Maryland.
Right Honourable.

What necessities the Jnhabitants of these parts of his Ma''^^
Dominions groane under by reason of the contemptible ualue
of Tobaccoe, The only Comodity wee haue yett fownd to
subsist by. J thinke yo"" owne sufferings as well as ours giue
yo* such sensible though sad experience of, that J haue noe
need to use any other Arguments to euidence the truth of the
Demonstraon. And as little to proue That the greate quan-
tity made, is the only cause of the inconsiderablenes of the
price,
p. 174 This S"^ Comeing to his Ma''"^^ knowledge, whose gratious
Care extends to the remotest parts of his Dominions hee was
pleased by his last instructions to mee, to propose to his Coun-
cell here, the languishing condicon of this his first & most
hopefull Colony. And among Our selues to Consider of some
such Expedient, as might giue a stopp to that ruine which
w'^out it must ineuitably fall uppon us.

His sacred Ma'^ being allso sensible that the Plantaon of
Maryland is soe incorporated w"' this in Jnterest of Trade
That noe effectuall remedy can bee applyed to one w^'out the
complyance of the other. Was pleased therefore to giue us
directions to treate w"" yo'^ about it.

Jn Obedience to these Royall Comands J and the Councell
here haue considered of the meanes of Redresse, & authorized
the Gentlemen of the Councell Co" Richard Lee, Co" Robert
Smith, Co" John Carter, & M' Henry Corbin our Commis"^' to
communicate our Results to yo"^, & appoynted the Eleuenth
day of May next to bee the time, & the County Court howse
of Northumberland County the place for Conference.

My earnest desyre is th' yo*" bono'' would not fayle to appoynt
other Commis" to meete them att that time that J may by this
shipping render an account to his Ma'^ of the issue of our
Consultaon, who J am sure expects it. And hath commanded
mee to giue it. And further to certify him of yo' Acceptance
or Refusall, Vppon w*^*" his ma'^ himselfe hath promised to
apply a suitable remedy.

I hope S"^ yo" owne Concernem'^ w'^out enforceing other
Argum'^ will induce yo"^ to p'^forme my desyre of this meeting,
att w*^*" I question not but such probable meanes of repayring



Proceedings of the Council of Maryland, 1 66 1 - 1 67 5. 477

the ruinous State of these two neighbo' Plantaons will bee Liber n. 11.
proposed as shall find in yo* a ready embracem' and accept-
ance.

This worthy Gentleman M' Richard Bennett att the instance
of mee & the Councell hath taken uppon himselfe the trouble p. «75
of deliuering this to yo* by whonie if yo"^ Returne yo' accept-
ance, & that the urgency of yo' affayres might permitt us the
honour to see your selfe att the Conference, Both J & m' Sec-
retary unlesse hindered by the interposall of some unexpected
and pressing occasion, would come to wayte uppon yo^'att the
time & place appoynted. And in the meane time am

Hon'' S' Yo"" most humble seru'
William Berkeley.

The Leiut' Grail, his answere &c:

Most Honoured S"^

I haue receiued yo"" letter by the hands of m' Bennett &
haue acquainted his L^^ Councell here w"" yo' desyre therein,
who are most willing to serue the Countrye, and are ready to
ioyne in anything, w'''' may conduce to the improueing our
only commodity att p'sent, Tobaccoe, W^'^ Wee as well as yo*
are to sensible is of so meane a ualue, th' wee can hardly
subsist by it, & this cheifly occasioned by the uast quantities
yearely planted, both in Virginia & Maryland,

Of this Wee are sufficiendy satisfyed, & haue long labourd
& studyed a meanes to aduance, for w'^'^ if any expedient may
bee fownd. None J am certaine are more ready to embrace



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.3) → online text (page 48 of 60)