Q,.i'infia{ pi|)tv.s. DOCUMENTS AND EECOEDS RELATING TO THE PROVINCE OF NEW-HAMPSHIRE, FEOM 1692 TO 1722: BEING PART II. OF PArERS RELATING TO THAT PERIOD. CONTAINING THE "JOTJENAL OF THE COUNCIL AND GENEEAL ASSEMBLY." v^' PUBLIsnED BY AUTIIORITV OF THE LEGISLATUIlE OF KEW-HAMrSIIIKC:. h VOLUME III. • . COMPILED AND EDITED V.X NATHANIEL BOUTON, D. D., Corresponding Secretary of the Xew-Hampshire Historicjxl Society-. MANCHESTER : JOHN B. CLARKE, STATE PRINTER •18G9. .31^ NOTICE, JoixT Resolution, passed by the Legislature of New-Hampshire. Resolved hi/ the Senate and House of Representatives, in General Court convened, That his Excellency the Governor be hereby aiathorized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the trcasurj- not othenvise appropriated, to collect, arrange, transcribe, and superintend the publication of such portions of the early State and Provincial Kecords, and other State Papers of New-Hampshire, as the Governor may deem pi'oper; and that eight hundred copies of each volume of the same be printecl^ by the State Printer and distributed as follows : namely, one copy to each City ajjd ^ Town in this State, one cojjy to such of the Public Libraries of this State a? the Governor may designate, two hundred copies to the New-Hampshire His- torical Society, and the remainder placed in the custody of the State Librarian who is hereliy authorized to exchange the same for similar ^publications issued by other States. Ajjproved July 6, 18G6. By tranRfer JAN 25 1908 EDITOR'S PKEFACE. Although this third vokime of Provincial Papers covers nearly the same period as the preceding volume, yet it will be seen on examination that the contents of the volume are materially differ- ent from the former. The one contains the Records of the Coun- cil, which was the Exec^dive body in the Province, composed of the Governor and not less than five Councillors, who received their appointment and commission from the Crown. The AssE.-ii- BLY was composed of men chosen by the freeholders of the re- spective towns, as their representatives or deputies, having author- ity to enact laws, lay taxes, &c., and constituted the Legislative branch of the government. All laws, acts and ordinances, how- ever, passed by the Assembly, must be concurred in by the Council, api)rovcd by the Governor and finally be sanctioned by the King. The '• Journal of the Council and Assembly" contained in this volume is a record of the joint transactions of the two bodies in relation to all business which appropriately belonged to the Ses- sions of tlie General Assembly. No Journal of the JJouse sepa- rate from ^he joint Journal of the Council and Assembly is found till 1711, and that is very meagre and incomj)lete till 1722. Occa- sional extracts are made from it, to supplement or elucidate the Journal of the Council aud Assembly, but the Editor has not deemed it necessary or expedient to publish it entire. In this volume, as in the preceding, will be found, in chrono- logical order, many letters, papers, speeches and authentic facts, IV EDITOR S PREFACE. of much historical interest and value, which the Editor has gath- ered from every available and reliable source, and for which due credit is always given. His intention has been to publish every official paper and document that can be found on record or on file, that serves to throw light on our Provincial History. The Province Laws, in this volume, from 1692 to 1702, (only two or three of which have ever before been printed) indicate the state of the Province and the manners and customs of the times to whicii they relate. In this respect they are of much value and should be carefully examined. GENERAL CONTENTS. VOLUME III. Journal of the Council and General Assembly, Letter of Lt. Gov. Stougliton of Massachusetts, Speech of Lt. Gov. Usher, .... Speech of Lt. Gov. Usher and answer to it, Speech of Gov. the Earl of Bellomont Orders of the House, Answer to the Gov.'s Speech, . New Seal for tlie Province, A prison ordered to he built. Letter from the Earl of Bellomont. Petition from masters of coasting vessels, Estimates of cost of building a Fort at New Castle, Letter from John Bridger respecting trees for tar, Quota of men in different Provinces, Province Laws, Journal of the Council and x^ssembly resumed, Letter from Queen Anne respecting salaries, . Col. Romer on repairs of Fort Wm. and Mary, Speech of Lt. Gov. Usher, and answer thereto, Samuel Allen's title to Province Lands, . Gov. Josei^h Dudley's speeches. An act re>pecting pursuit of Indians iu wiRter, Answer to Gov. Dudley's speech, PAGE?. 1-163 37 42 46-47 66 67-68 71 80 88 96 104 106-111 115 131 164-228 229 251 263 269-274 275-276 282-289 290 294 VI GENERAL CONTENTS. PACES. Samuel Allen's Petition, 297 Queen Anne's Instructions to Gov. Dudley, . . 312-313 Addresses to the Queen, .... 328,349,352,377 John Bridger's commission as Surveyor-General, . 334 Memorial of John Bridger, ..... 837 Expedition to Nova Scotia — Fast, .... 339 An act relating to Troopers, 346 Capt. George Vaughan, agent to England, . . 353-355 An act for a free Latin school at Portsmouth, . . 365 Letters from Gov. Dudlc}-, .... 371,392,417 Petition of inhabitants at Quamscott, . . . 405-407 Petition of inhabitants in south part of Hampton, 408,409,428 Expedition to Port Royal, . . • . . 435-440 Speeches of Lt. Gov. John Usher, .... 443, 448 Addresses to the Queen, . . . 445, 452, 493, 507, 547 Speeches of Gov. Dudley, . 448, 462, 501, 511, 530, 540 Capture of Port Royal — Annapolis, . . . 453 Letters from Gov. Dudley, 458, 505 Expedition against Canada, 478 Instructions of Queen Anne, . . . - . 480, 489 Instructions for Henry Newman, Esq., . . . 508 Petition of NatW Weare, Esq., 514 Petition of the inhabitants of Kingston, . . . 520 ludianTreaty — Articles of Pacification (1713) . 543-546 Petition of the inhabitants of Bloody Point, . . 549 Addresses to the King, George I, . . . . 576-7 Speeches of Lt. Gov. George Vaughan, . . 601, 630, 649 Petitions of inhabitants of Oyster River, . . 606, 714 Notice of Sir Charles Hobby, 631 Notice of Gov. Samuel Shute, 658 Speech of Gov. Shute, 659 Complaint of the Representatives to Gov. Shute, . 675 Answer to the foregoing, 677 Petition of inhabitants of Portsmouth, . . . 684 Indian Treaty at Georgetown, Me., 1717, . . . 693-701 Speeches of Lt. Gov. Vaughan, .... 702-703 Gov. Shute's speech against Lt. Gov. Vaughan, . 704 Examination of Jos. Smith, Peter AVeare and John Tuck, 710-711 Speech of Lt. Gov. John Wentworth, and Gov. Shute, 721,723 Differences in Portsmouth explained, . . . 729 Original letter of Gov. Shute, 752 John Bridger, Surveyor-General, .... 769 GENERAL CONTENTS. Vll Apology of people of Nutfiekl to Gov. Slmte, lustructions to Henry Newman, Esq., agent, Speech of Lt. Gov. Weutworth, Additional lustructions to Gov. Shutc, . Conflict of Laws with Massachusetts, Letter from Mr. Newman, agent, Address of Justices, &c., to her Majesty, PAGES. 770 779 809 813 820 832 839 [See General Index at the end. J NEW-HAMPSHIRE PEOVINCIAL PAPERS. VOLUME III. [Note. In the MS. volume which contains " The Journal of the Council and Assembly," in the office of the Secretary of State, the first forty-four pages are marked with numeral letters, which are also retained, for the sake of reference, in this printed copy. — Ed.] [p. I.] Province of New Hampshire. At a General Assembly, held of Ports- mouth, for the Province afores'^ on the first Tuesday of October, 1692. Present, The Lieut. Governour, John Hincks, ^ Peter Coffin, \ Nathan" Fryer, > Esqs. W™ Vaughan, S Esqs. Rob* Elliot, ) Henry Greene, ) The King's Lres. Patents were read to the Assembly, and the Lieut. Governour made a speech to the effect fol- lowing. [Speech not on record.] Ordered, that the Secr^ make a dedim* potestatem to John Hincks and Richard Waldron, Esqs., to give the oaths appointed instead of the oaths of allegiance and supremacy, and the Test. Adjourned till to-morrow morning at 10 of the clock. 2 PROVINCE OF NEW-HAMPSHIRE. [1692. Wednesday, 5"' October, 1092, ) 10 o'clock, ante meridiem. ) P''sent, The Lieut. Govern'', John ITincks, ^ Henry Greene, "^ Nathan" Frver, I ^ W"^ Vauohan, vEsqs. Rob* Elliott, ( '^^^ Richard Waldron,J Peter Coffin, J All the above mentioned members of the Council then subscribed the Declaration appointed by act of Parliam'. Whereas several persons elected for the Assembly have this day refused to take the Oaths appointed by act of Par- liam^ instead of the oaths of allegiance and supremacy, according to the custome of England, by swearing upon the Bible, It is ordered that the oaths be administered to such of the Assembly as have so refused, by lifting up of their hands, considering the present troubles & circum- stances of affairs. M"" John Hincks entered his dissent from the aboves*^ or- der in the manner of administering the Oath. [p. II.] Ordered, that the name of Nathan" Fryer be put into the dedim^ potestatem for administering the Oaths as above, to the Assembly, instead of John Hincks, Esq., and that his name be erased out of the same. Mr. Richard Martyn, Capt. Elias Styleman, Capt. John Pickerin, Lieut. John Smith, Mr. Joseph Smith, Capt. John Woodman, Mr. Job Clement, Mr. W'" Furber, Jr., Capt. W'" Moore, Lieut. Samuel Leavitt, Lieut. James Blagden, were sworn to the above written order by Nathan'^ Fryer & Richard Waldron, Esqrs. The Assembly came to this House and presented Mr. Richard Martyn for their Speaker, which the Lieut. Gov- ernour then approved of. Mr. Speaker then acquainted this Board that John Hus- sey, an elected member from the town of Hampton, had withdrawn himself from the Assembly as not qualified in 1692.] JOURNAL OF COUNCIL AND ASSEMBLY. 3 not taking an oatli, and prayed that a writt miglit be issued for the election of anotlier person, which was granted, and the Secre^ ordered to issue forth a new writt accordingly. Mr. Speaker desired a copy of the Lieut. Gov^ speech yesterday, and the Secre^ ordered to give him a coppy thereof. Ordered, that Major W'° Vaughan, Richard Waldron & Peter Coffin, Esqrs., join with the Committee of the other house in conferring together & drawing such order and orders as shall be thought most needful for the defence of this Province ag"" the common enemy, and that the secre^ be assisting to the s'' committee as occasion may require. This house is adjourned until two o'clock to-morrow in the afternoon. Thursday, 6'^ October, at 2 o'clock post meridian, ejusd™ diei, 1692. Present, The Lieut. Govern'', John Hincks, ^ Henry Green, '^ Nathan" Fryer, 1 ^ W" Vaughan, r^ ' Robt. Elliott, f ^'^''' and > ^'^'^' Peter Coffin, J Rich'' Waldron, J Upon a Message brought to this Board from the other house by Capt. John Pickering & Capt. John Woodman, that complaint has been made to that house [p. hi.] that the soldiers in this Province belonging to the Massachu- setts Bay are destitute of provisions, prayed that this house, the Lieut. Governor and Council, would take the same into consideration. Ordered, that the Treasurer of this Province advance 2oibs jjj Provisions for the soldiers at Oyster River & else- where, which said sume is to be defrayed out of the first money to be raised by act of the Govern"^, Council & As- sembly. PROVINCE OF NEW-HAMPSHIRE. [1692. In compliance with an order from the other house, re- solved that John Hincks & Henry Green, Esqrs., be and hereby are appointed a Committee of this house to join with such a Committee of the other house as they shall appoint, for establishing a settled revenue in this Province, and that they proceed on the same immediately. Resolved, that Nathan" Fryer & Robert Elliott, Esqrs., be and hereby are appointed a Committee to join with such committee of the other house as they shall appoint, for establishing Courts of Judicature and that they pr'ceed upon the same. Adjourned till 9 o'clock to-morrow morning. John Hincks, Nathan' Fryer, Robert Elliott, Peter Coffin, Friday, T"" October, 1692. at 9 o'clock in y^ forenoon. Pr'sent, The Lieut. Govern^ Henry Greene, W" Vanghan, Rich'' Waldron, Esqrs. Esqrs. [Blank 2 small pages.] Province of New Hampshire. At a General Assembly, held at Great Island for the Province afores"^, on Wed- nesday, the first day of March, 1692-3. Present. The Lieut. Governor. John Hincks, "^ Henry Greene, ^ Nath. Fryer, I -o Nath. Weare, \ Esqrs. Robert Elliott, f ^^^^^' Rich. Waldron, ) Peter Coffin, J Ordered, that the House be settled and that a Speaker be chosen. 1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 5 [p. IV.] The other house called up, the Lieut. Govern' made a speech to them. Ordered, that new writts be issued out to elect other representatives in the room of those vrho refused to sweare. Adjourned to Thursday, 2*^ March, 10 in the forenoon. At a General Assembly held at Great Island, 2^ March, 1G92-3. Present, The Lieut. Govern'', John Hincks, ^ Henry Green, ) Nath. Fryer, I ^ Nath. Weare, ( Esqrs. Robt. Elliott, f ^^^'^^' Rich. Waldron, Peter Coffin, J The other house presented M"" John Gillman for their Speaker, who was accepted and approved of by this house. The copy of all the fees as they were settled in the time of Sir Edmund Andrews being read, were allowed of till further order. A Ijill from the other house concerning the manner of swearing. Ordered, that the act concerning corn fields and fences be considered of and amended. Ordered, that the Bill concerning the manner of swear- ing be taken into consideration and that M'' Waldron be desired to bring the Laws of New York, that this board may consider of the same. Mr. Nath. Weare desires this Board would order that his Sureties Bonds, that were entered into to the Prison keeper for his appearance, might be delivered up, and that he may have liberty to sue for his damages. Upon reading his mittimus and Bonds it is ordered that Mr. Weare move it at the next Quarter Sessions. Adjourned to Friday, 3^ March, 1692, at 10 o'clock. 6 PROVINCE OF NEW -HAMPSHIRE. [1693. At a General Asscmljly held for said Province, Friday, o'' March, 1G92-3. Present, The Lieut. Govern'^, John Hincks, ^ Henry Greene, "^ Nath. Fryer, 1 ^ Nath. Weare, [^ Robt. Elliott, f ^'^'^^' William Vaughan, r^'^H^^- Peter Coffin, J Rich. Waldron, J [p. v.] The other House sent up a Bill that the Oaths ap- pointed by act of Parliam* to be taken instead of the oaths of Allegiance and supremacy may be administered to all Male persons from 16 years old & upwards ; the which being read, was rejected, for that their maj'ties' command had sufficiently provided for it. Upon reading the Bill concerning the manner of swear- ing. Ordered that in regard it is but matter of seremony (the oath being the same) that the s'^ Bill be passed. Major Elias Styleman, Capt. John Pickring, Mr. Sam" Kease, Capt. Henry Dow, Mr. Thomas Fillbrick, Mr. Joseph Sweett, Capt. John Woodman, Mr. William Furber, Capt. John Gillman, Capt. Jonathan Thing, Mr. Thomas Dymond, Lieut. John Tuttle, were all sworn and subscribed the Test, they being returned as Representatives. Ordered, that a Bill be drawn up for laying an Imposi- tion on all Boards and Lumber that shall be sent or ex- ported out of this Province to New England, New York, &c., and that the rates and Impositions be as followeth, viz : so proportionably, ac- cording to thickness. Boards & Joyce, pm 2s. Pyne Plank, P", >■ inch Oake riauk, pm< ^5 Wt. Oake Pipe, pm 4 Wliite Oake Hhd. , p™ 2 Red Oake Pipe, pm 2 Red Oake, Hhd., pm 1 Barrel Staves, pm 1 All heading to be accounted as slaves ; and that the same 1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 7 be applied to the maintenance & defraying the charges of the Fort on Great Island. Ordered, the afores'' Bill be sent to the other house for their concurrence. Adjourned to Saturday, 4 March, 1692-3, at 9 o'clock. At a General Assembly, held at Portsmouth, 4*" March, 1692-3. Present, The Lieut. Govern^ John Hincks, ^ Henry Green, "^ Nath Fryer, i ^ Nath' Weare, 1 -p, Robt Elliott, f ^'^"l^- William Vaughan, f '"'"l''- Peter Cofifin, J Rich Waldron, J [p. vl] The other House presented a Bill to this House for raising of 600 lb., and desire the concurrence of this House, to which this House concurred, and ordered Mr. Richard Waldron & Major W" Vaughan be a commit- tee for this House, to join with the committee of the other House. Adjourned to Monday, 6"^ March, 1692-3. Province of New Hampshire. At a General Assembly held at Great Island, Monday, 6"^ :^^arch, 1692-8, at 2 o'clock post meridiem. Present, The Lieut. Gov% John Hincks, "^ Henry Greene, ^ Nath. Frver, I ^ Nath. Weare, I ^ Robt. Elliott, f ^^"l^- W'" Vaughan, f ^^^^• Peter Coffin, J Rich. Waldron, J Ordered, that a Capt. be settled at the fort and that he be allowed 20 ^^ p"" Ann., and that a Gunner be likewise agreed with as cheap as may be. 8 PROVINCE OF NEW-HAMPSHIRE. [1693. A Bill concerning Births, Burials and marriages being past by the other House, was read and ordered to be in- grossed. Adjourned to Wednesday, 8*^ March, 1692-3, at 10 o'clock forenoon. At a General Assembly, held at Great Island, Wednesday, 8 March, 1692-3. Present, The Lieut. Govern'', John Hincks, ^ Henry Greene, ^ Nath. Fryer, I ^ Nath. Weare, I -p Robt. Elliott, f ^^^^- W'« Yaughan, f ^"^'^^• Peter Coffin, J Rich-J Waldron, j Ordered, That the Sheriffe give notice to Mr. Rich'* Mar- ty n and the Selectmen .of the Town of Portsmouth, to at- tend this Board to-morrow at 2 o'clock in the Afternoon, there to lay before this Board an account of their making the last assessment for s'* Town. Capt. Fryer having produced a Bill of his disbursement for ladder and other necessaries for the use of the fort and for drink given the men at mounting the guns, amounting to 2"'^ 7* 6'\ Ordered, that the same be allowed, and that the Treasurer pay him out of the revenue of the Province. [p. vil] Ordered, that the Judge adjourne the Court that is now sitting at Portsmouth, and that the Assembly men have notice to attend the General Assembly tomorrow, at 10 o'clock in the forenoon. Adjourned to Thursday, 9"* Martii, at 10 o'clock forenoon. 1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 9 At a General Assembly, held at Great Island 9 March, 1692-3. Present, The Lieut. Govern'', John Hincks, ^ Henry Greene, ) Robert Elliott, > Esqs. Nath. Weare, > Esqs. Peter Coffin, ) Rich. Waldron, ) Mr. Tucker's Bill of charges at their Maj'ties Fort read and allowed, and ordered to be paid by the Treasurer, being 10"^ 14" Q\ Ordered, that the Treasurer do forthwith take care that the Platforme at the Fort be repaired according to the in- formation given in by him. The Lieut. Govern'' gave his consent to seven several bills which were read and passed, viz : A Bill for suport of the Governme*. A Bill concerning the gathering of Rates. A Bill concerning the manner of swearing. A Bill concerning the Laws of the Province. A Bill to prevent concealing Estates. An additional Bill concerning Cornefields & fences. A Bill concerning Births and Burials. Prorogued to Tuesday, 25"' July, 1693. Province of New Hampshire. ^ At a General Assembly held by Pro- roga., at the town of New Castle, for the said Province on Tuesday, the 25'^^ day of July, 1693. Present, John Hincks, Presid*, Nath. Fryer, J Henry Greene, ) Robert Elliott, [ Esqrs. Will'" Vaughan, } Esqrs. Peter Coffin, ) Rich. Waldron, ) Both Houses being met together, the President made a speech to them, that there might be a Committee of both 10 PROVINCE OF NEW-HAMPSHIRE. [1C93. Houses clioscii to inspect all accounts of maintaining and defending the Frontier Garrisons & mounting the guns at the forte, and to report what money hath been already given and what other charge needfull. This house chose Henry Green & Peter Coffin, Esqrs., and the other House chose Henry Dow and John Pickring to he a Committee for the end a fores'*. Adjourned to Wednesday, 26"" July, at 2 o'clock, Post Meridiem. [p. VIII.] Wednesday, 26"^ July, 1693. Present, John Hincks, Esq., President, Nath. Fryer, ^ Xath. Weare, ) Ilol)crt Elliott, 1 ^ Will"^ Vauuhan, } Esqrs. l^eter Coffin, f ^^^^^' Uidi^ Waldron, ) Henry Greene, J The Committee appointed to inspect the Accounts made their report hoAv they found the same, but not having con- sidered what further charge the Province must be att, and what money was needfull to be raised, were ordered to meet again & consider of the same, and to make report thereof on Thursday, 27*** instant, at 11 o'clock. Adjourned to Thursday, 27"' instant, at 11 o'clock. Thursday, 27*'* July, 1693. Present, The Lieut. Govern'", Nath. Frver, ^ . Nath* Weare, ) Robert Elliott, ! ^ William VauLdian, \ Esqrs. Peter Coffin, f ^^^^^- Rich'^ Waldron, ) Henry Greene, J The other House being sent for up and attending, the Lieut. Govern'' made a Speech to both houses, a copy wliereof was ordered to be delivered to the Lower House. L^pon reading a Letter written by Mr. Addington, Secr^ 1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 11 of tlio Province of the Massachusetts Bay, datetl 14"' July instant, signifying there lay l)efore that Board the grievous complaint and petition of William Pepprill concerning his Barque called the Mary, & thereby desiring an answer, This House being sensible of no grievance, and not know- ing what the petition is, not having a copy, can give no answer thereto. Adjourned to Friday, 29"^ July, 1693. Present, John Ilincks, Esq., Presid', Nath. Fryer, ^ Nath. Wcare, ) Robert Elliott, I ^ W" Yaughan, } Esqs. Peter Coffin, ( ^'^'^^' Ricli'^ Waldron, ) Henry Greene, J Ordered, that Major Yaughan, Mr. Waldron, pre- pare and drawe up a Bill for settling a Post Office in this Province ; and also that they consider of the Bill sent from the other House concerning gathering of Rates. [p. IX.] Ordered, that Mr. Henry Greene and Mr. Nath' Weare prepare and draw up a Bill for maintenance of the ministry & Schoolmasters. Adjourned to Tuesday the 1*' of August, 1G93, at 2 o'clock, Post Meridiem. At a General Assembly held ditto. Present, John Hincks, President, Nath. Fryer, ^ Nath' Weare, ) Roljert Elliott, ! ^ W'" Yaushan, [ Esqrs. Peter Coffin, f ^^^1' ^- Rich. Waldron, ) Henry Greene, J The other House having sent to this House a Bill for the raising the sum of 200"'% upon reading the same a con- ference was desired to be had between both Houses, who 12 PROVINCE OF NEW-HAMPSHIRE. [1693. being met the Presid' desired to know to what uses they intended the 200^''" should be converted. Resolved, that 118'^' should go to pay the Treasurer, and the rest to de- fraye the charge of the out Garrisons, which they con- ceived would be sufficient for 2 months. Ordered, that Mr. Waldron be excused from attending the House untill Thursday next. Adjourned to Wednes- day, 2*^ August, 1693, 10 o'clock forenoone. Wednesday, 3"^ August, 1693. Present, John Hincks, Esq., Presid*, Nath. Fryer, )_ William Vaughan, j j. Robert Elliott, V Esqs. Rich. Waldron, Henry Greene, ) The Bill for maintenance of the ministry, &c., was re- turned from the other House without any amendment. The Bill for preventing the prophanation of the Lord's Day was returned from the other House, without any amendment. The Bill concerning the Post Office was agreed to and ordered to be engrossed. The Bill for raising the sum of 200"^' was agreed to by both Houses. Ordered, that the Secr^' carry the s*^ several Bills to the Hon''^'' the Lieut. Govern'^ for his perusal & approbation. Adjourned to 10 o'clock, Friday, 5^^ August, 1693. [p. X.] Friday, 5* August, 1693. Present, John Hincks, Esq., Presid*, Nath. Fryer. ) Will"^ Vaughan, ) ^ ' Robert Elliott, \ Esqs. Rich. Waldron, \ ^ ^ ' Henry Greene, ) Both Houses being met it was put to the vote if the 1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 13 members of Council should not be discharged of their Rates. Passed in the negative. The Lieut. Govern'' being come to the House where both Houses being convened together, gave his consent to the five several Bills which were then read and passed. The Lieut. Govern' made a speech to the other House, in answer to their answer returned to the Lieut. Govern'' speech made to them Thursday, 27"^ July last, and then Dissolved them. At a General Assembly begun and held at the town of New Castle, the 18*^ of October, 1693, for the said Province. Present, The Lieut. Governor, John Hincks, \ ^ William Yaughan, ) ^ Nath. Fryer, \ ^^^^' Robert Elliott, \ ^^^^* Ordered, that Nath' Fryer and William Yaughan, Esqrs., administer the oaths to the assembly & to see them sub- scribe the Test. Accordingly were sworn, John Pickering, John Wood- man, Job Clements, John Plaisted, Mark Hunking, Moses Leavitt, Theophilus Dudley, Shadrach Walton, James Rendle, Will°^ Waymouth, William Furber, Daniel Tilton, John Redman, and Joseph Moulton, who all signed the Test. The other House being sent for and attending, were or- dered to choose themselves a Speaker. The Lower pre- sented Mr. John Pickerin for their Speaker, who was ap- proved of. The Lieut. Governor made a speech to both houses and recommended the same to their consideration. Adjourned to Thursday, 19* instant, at 12 o'clock. 14 PROVINCE OF NEW-HAMPSHIRE. [1693. Thursday, 19"^ October, 1693. Present, The Lieut. Govern'', John Hhicks, ) Henry Greene, ) Nath. Fryer, > Esqs. Peter Coffin, \ Esqs. Robt. Elliott, ) William Vaughan, ) Ordered, that Major Vaughan and Mr. Waldron prepare and draw up a Bill concerning Intestate Estates. Adjourned to the 20'^ October, 1G93, at 2 o'clock. [p. XL] Friday, 20^'^ October, 1693. Present, The Lieut. GoveriV, John Hindcs, ) Peter Coffin, | -r, Nath. Fryer, [ Esqs. Henry Greene, \ ^^'^^' Robert Elliott, ) The other House being sent for and attending, the Lieut. Govern'' prest them to dispatch what lay before them. Adjourned to Saturday, 2P' October, 1693, at 8 o'clock, forenoon. Saturday, 2P* October, 1693. Present, The Lieut. Governor, John Hincks, ) Peter Coffin, ) j^ Nath. Frver, [ Esqs. Henry Greene, \ ^^l^* Robt. Elliott, ) A Bill for reviewing & continuing of an act for the es- tablishing a revenue for defraying the public charge of the Government, was agreed to by both Houses & past. A Bill concerning intestate Estates agreed to and past both Houses. The Lower House being sent for and attending, the aforesaid two Bills wore read and the Lieut. Govern'' signed the same. Prorogued to the 2*^ Tuesday in May next. 1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 15 rroviiice of New Hampsliire. At a General Assembly lield by pro- rogation, at New Castle, on Tuesday, the 8^^ of May, 1694. Present, The Lieut. Govern'', Nath, Fryer, ) William Yaughan, | 171 Robt. Elliott, [ Esqs. Eieh'' Waldrou, \ ^^ Hen. Green, ) The Lieut. Govern'' declared to this Board that he would be very willing to know if they had any thing to offer for the service of their Maj'ties or benefitt of the Province, At which the members were silent. The Lieut. Governor told them if they had nothing to offer, the King had given express command for building a place for security of their Maj'ties stores ; and since the Assembly was not here, they miglit go to see what was con- venient to be done in the Fort, so that it might be lay'^ be- fore the Assembly. The Lower House being sat, the L' Govern"" sent for them up, and made a speech to both Houses, as on file, [p. xil] Adjourned to May 9"', 1694. Wednesday, May 9">, 1694. Present, The L*. Govern'', Nath. Fryer, ) Hen. Green, ^ Robt. Elliott, } Esqs. W'» Vauo-han, [ Esqs. Peter Coffin, ) Rich^' Waldron, ) The L* Govern'' proposed to this Board whether it was not necessary for a fortification to be built in the Fort for security of the soldiers, in case of an attack. Answered by the Board that it was necessarie. The L' Govern'' demanded w' was to be done as to the order for the committee appointed to receive the claims. 16 PROVINCE OF NEW-HAMPSHIRE. [1694. Ordered, that Capt. Packer attend this Board to-morrow, to give account of the same. The L* Govern'' proposed to this Board to alter the time of the session of the Superiour Courts in this Province, so that they might not be on the same as they are in Boston. Ordered, that a Bill be sent to the other House accord- ingly. The Lt. Govern'" proposed to this Board that an Act might be passed for restraining of inhuman severities, which by ill masters or overseers may be used to their christian servants or slaves, and that provision be made therein — That the willful killing of Indians & Negroes be punished with death, and that a penalty imposed for mayming of them. Ordered that a Bill be sent to the Assembly for the same. A petition from the town of Hampton was read, on file. Ordered, that in answer thereto notice be given from this Board that the selectmen of Hampton, Avith the p''sons con- cerned, attend this Board or send meet persons on their behalfe to answer and give what objections may be, against w' is proposed in s*^ petition, on Tuesday, 15**^ inst. Ordered that the Treasurer bring his accotts. and lay the same before this Board to-morrow. Adjourned to May 10'% 2 o'clock. . Thursday, 10 May, 1694. Present, Tlie L* Govern'^, Nath. Fryer, ) Hen. Green, ) Robt. Elliott, [ Esqs. W"" Vaughan, S Esqs. Peter Coffin, ) Rich"^ Waldron, ) [p, XIII.] The Lieut. Govern'^ sent for the Treasurer up to Board and demanded his acc''^. The Treasurer delivered his acc"^ to the Board. Ordered that the said acc"^ should be filed. Capt. Tho. Packer being called, was asked what return 1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 17 the committee appointed to receive the chiims of such p^'sons to whom the Province -was indebted, liad made. Answered, he was last in nomination, and he could not command the other persons, and that he could not make any further return. Ordered, that Capt. Woodman, Capt. Dow, Capt. Packer, Capt. Walton, Capt. Thwing, and L* Tuttle* be of a com- mittee to receive the ace"* or claims of such p'sons to whom the Province is indebted, and lay the same before the L' Govern'^ and Council on the 15"' inst. Several Bills were presented from the Lower House, viz. a Bill for confirmiug of Town Bounds as formerly ; A Bill for restraint of Horses on the Commons. The L* Govern"' presented the said Bills to the Board for their considera- tion. Adjourned untill May 11"', 2 o'clock. Friday, May 11'", 1694. Present, The Lf Govern'-, Nath. Fryar, ^ Nath' Weare, ) Robt. Elliott, Ip W"'Vaughan, J Esqs. Peter Coffin, r^^'l"- RichMValdron, j Hen. Grean, J Whereas there was a Warrant from the L* Govern'' to summon Nath. Weare, Esq., one of the members of their Maj'ties Council in this Province to attend this Board on the ninth Inst., and he not:: apearing till 11"', The L' Govern"^ ordered the warr' to be read. The AVarr' being * Ltt. Jim. Tuttle, his claim for servis Dun unto yyr Mnjty. Servis time ye Arival of yyr Maj's Ltt. Governour, January 22, 1693-i. viz: To 15 men and liors by Special Comand, myself Conduct, . . . 2:04:00 May 12th, 1094 To myself & 14 men under pres. two days in pursuit of ye Enemie, 1 : 12 : 00 " To despatcliing 2 post Letters, one to Cocliecha, and ye other to Oyster River, : 03 : 00 More— One to Oyster River, ye other to Cochecha, . • . . 0:03:00 More— One to New Castle, 0: 03: 00 4: 05: 00 2 Jno. Tuttle, Ltt. 18 PROVINCE OF NEW-HAMrSHIRE. [1694. read, Capt. Natli" Weare answered that he did not stay out of contempt, & tliat he sent his reasons to the Sheriffe. Ordered, that the three several Bills presented from the Lower House yesterday should pass this House. Adjourned to May 12"', 2 o'clock. Saturday, May 12<% 1694. The L* Govern'' sent for the Lower House and made a speech to them ab' the necessity of raising money to pay what the Province owed the soldiers, and building some- thing for the security of the King's stores. The L' Govern' read a Letter from Mr. Campbell about the Post Office, and desired the Board's consideration. Ordered that a Bill be sent down to the Lower House for an additional Law for paym' of two pence a letter for [p. XIV.] letters coming into the Province by Water. These four several Bills voted in both Houses, viz., A Bill for the acknowledging of Deeds ; A Bill for restraint of Inhuman severities ; A Bill to prevent Idle Expences and Gaming in Public Houses ; A Bill for the encouragement of the Post Office. Ordered, that Nath. Fryar, Robt. Elliott, Hen. Green* Nath. Weare, W™ Yaughan, & Jlichard Waldron, be a com*^ to join with the other House in drawing up said Bills, with the other three voted the 10'^'' instant. Adjourned untill May 15"', at 2 of the clock. Tuesday 15"^ May, 1G94. Present, The L* Govern', Nath. Fryar, ) Nath. Weare, ) Ptobert Elliott, } Esqs. AV™ Vaughan, [ Esqs. Peter Coffin, ) Rich'' Waldron, ) The L* Governor desired a return of Bills comited to be 169-4.] JOURNAL OF COUNCIL AND ASSEMBLY. 19 drawn up. The Comittee pr'seiited said Bills, and tliey was sent to the Lower House for their consideration. Wliereas the selectmen of Hampton were to attend this Board, they sent their answer, as on file. The Persons that petitioned from Hampton sent their desires by one James Prcstcot, as on file. Ordered, that a Township be granted by this Board unto the Petitioners of Hampton that have desired the same. Ordered, that notice be given to the selectmen of Hamp- ton tliat they give notice to their town to make choyce of persons to give their Relations where the bounds of a Town- ship graunted by this Board to several persons of Hampton shall begin, and to make a return of the same to this Board on the 18*1^ inst. A Bill for Regulation of Seamen was sent to the Lower House. The comitty appointed to receive the claims being sent for gave in, as on file. Adjourned till 16*'' inst., 2 o'clock. Wednesday, May 16'^ 1694. Present, The Lieut. Govern'', Nath. Fryar, ) Nath. Wear, ) ^ Robt. Elliott, } Esqs. Rich. Waldron, ^^^'^' Peter Coffin, ) Capt. Nath. Fryar gave his dissent ag'' passing the Bill for settling Town bounds. [p. XV.] Ordered that the Treasurer prepaire fair copies of his ace** and lay the same before the Assembly forthw*''. Adjourned until May 17*'', '94. Esqs. 20 PROVINCE OF NEW-HAMPSHIRE. [1C94. Thursday, May 17"', 1694. Present, The Lieut. Govern'', Nath. Fryar, J Nath' Wear, Robert Elliott, > Esqs. Rich'' Waldron, Peter Coffin, ) The Lt. Govern'' sent down to the Lower House to know whether that they had done anything as to the raising of money for the support of the Govern™' in this Province, as to his Proposals layd before them. The Lower House sent up answer in the negative. The L* Govern"^ sent for the Lower House & made a Speech to them ab* raising of money as formerly. Ordered, that Mr. Coffin and Capt. Weare be a Commit- tee to join with the Lower House to draw a Bill for settling High ways, Capt. Walton and Job Clements, Esqr., being chosen by the Assembly. Adjourned until May 18"', 1694, 2 o'clock. Friday, May 18"', 1694. Present, The Lt. Governs Nath. Frvar, ) Nath" Weare, ) ^ Robert Elliott, \ Esqs. Rich'^ Waldron, j ^^^1"' Peter Coffin, ) A Bill about highways was sent to the Lower House. Whereas there was an order for the selectmen of Town of Hampton to attend this Board on this inst., to give their relation where the bounds of a new Town, granted to sun- dry p'sons of said Hampton, should begin ; Capt. Hen. Dow apeared in behalfe of the Selectmen and made a re- turn, as on file. James Prescott appeared in behalf of the petition''^ and humbly leaves to the consideration of the L* Govern'' and Council, where and how farr the Township shall be and run as to the bounds thereof. 1694.] JOURNAL OP COUNCIL AND ASSEMBLY. 21 Ordered, that the Township of the Young men of Hamp- ton as to the affau* thereof, be laid aside, the board not agreeing'. Ordered, that the Treasurer attend this Board on to- morrow morning by ten of the clock, to give an ace" of what money he has of the Provinces in his hands. Ad- jorned until May 19"\ ten of the clock. Saturday, May 19'% 1604. Present, The Lt. Govern'', Nath. Fryar, ) Nath' Weare, ) ^ Robert Elliott, \ Esqs. Rich^ Waldron, \ ^'"'i^' Peter Coffin, ) [p. XVI.] The Lieut. Govern'' sent for the Lower House and acquainted them that it was aparent the Treasurer had ^101 : 18 : 9 of their Maj'ties Revenue in his hands. Adjourned to May 21. Monday, May 21, 1694. Present, The Lt. Governor, Nath. Fryar, ) W" Yaughan, ) ^ Robert Elliott, [ Esqs. Rich'^ Waldron, \ ^"^'i^' Henry Green, ) The L* Govern'" sent for the Lower House and proposed to them to make choyes of two men to join with this House, to consider the cost & charge of building the forti- fications in the Fort, as he had formerly layd before them. Adjourned till May 22% at 2 of the clock. Tuesday, May 22% 1694. Present, The L* Govern'', Nath. Fryar, ) W'" Yaughan, ) ^ Rob' Elliott, [ Esqs. Rich-i Waldron, j '^''^^• Hen. Green. ) 22 PROVINCE OF NEW-HAMPSHIRE. [1G94 . The Lower House sent an answer to the L* Govern'^'* proposals yesterday, as on file. The L* Govern"" offered the Lower House if they did desire it, a conference w*'^ this House. The Lieut. Governor sent the Dep' Secr^' down to know their positive answer as to the choyce of two persons, yea or nay. The Lower House, not sending up their answer, the L*^ Govern'' sent down & commanded tlieni in their Maj'ties names, to sit de die diem until they had sent up an answer positive. Adjourned till May 23-^, 1694, at 2 o'clock. Wednesday, 23^ 1694. Present, The L* Governour, Nath. Fryar, ) Peter Coftin, ^ Robert Elliott, > Esqs. Nath. Weare, I -^ Hen. Green, ) W- Vaughan, & ^ ^^^^' Rich. Waldron, j A petition from the men of Hampton was read in Coun- cil. Ordered, in answer to the petition, that a Township be granted. The Lower House sent up their answer as to choyce of 2 men in the negative. The L' Govern'' proposed to this Board that 4 of the Council should view the Fort & compute the charge, and whether it was not necessary. Answered in the affirmative. Tlie Coniittee appointed, (viz.,) Robert Elliott, Peter Coffin, Hen. Green, Nath. Weare, Esqrs., made their return, viz., [p. xvii.] that for the pr'sent security of their Maj'ties Fort and to make up the breast work & place to secure the King's stores, we judge needful £100, & for the scons* to defend the great guns, £400. The L* Govern'' sent for the Lower House and recom- mended the same to their consideration. Adjourned till May 24^% at 10 clock. * Sconce — a fort or bulwark; a work for defence.— JFct. Die. 1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 23 Thursday, May 24"^ 1694. Present, The L' Goveriiour, Nath. Fryar, ^ Nath" Weare, ) Robt. Elliott, 1 p^^^ W- Vanghan, f Esqs. Peter Coffin, f '^''^^' Kich^ Waldron, ) Hen. Green, J The L' Govern'' sent to the Lower House to know their answer as to raising of money proposed. The Lower House sent up their answer in the negative. Adjourned till 3 o'clock. At three of the clock both houses being met, the L* Govern'' gave his assent and signed these 6 Bills, viz : An Additional xict for encouragement of the Post office ; An Act for acknowledgment of deeds ; An Act ag"^' exces- sive expence in Taverns & Gaming ; An Act for altering the time o'f the Session of the Super"" Court ; An Act for Restraint of Lihuman severities ; An Act relating to Seamen. The L* Governor declares, as for the Acts, viz., about the Bounds and Highways, he would not assent to them, since they had so often intimated to the Council of Mr. Allen's coming. The L* Governor made a speech to both Houses, and then dissolved the Assembly, May 24"\ 1694. At a General Assembly begun and held at New Castle for the Province of New Hampshire, on Wednesday, November 1^ 1694. Present, The Lieut. Govern'', Nath. Fryer, ) Hen. Green, ) Robert Elliott, } Esqs. W'" Yaughan, } Esqs. Peter Coffin, ) Rich'' Waldron, ) Ordered that Robert Elliott and Peter Coffin, Esqs., be nominated in the Dedim* Potestatem for administering the oaths to the persons elected for this General Assembly. 24 PROVINCE OF NEW-HAMPSHIEE. [1694 . Messrs. Geo. Jaffrey, John Pickring, John Plaisted, Tho. Cobhit, James Randle, Nath. Batchekler, Thomas Roby, John Smith, Kingsley Hall, Jno. Foulsham, Jno. Woodman, W'" Furber, John Hall, John Fabes, were sworn members of the Assembly, pursuant to the above ord'', by Robert Elliott & Peter Coffin, Esqrs., of the Council. The L' Governor recommended to the Lower House the choice of a Speaker ; and adjourned till 2 clock on Thurs- day, the 2'^ inst. [p. XVIII.] Held by Adjournment, November 2^, 1694. Present, The L' Govern"', Robert Elliott, ) Nath' Weare, "j Peter Coffin, > Esqs. W'" Yaughan, \ Esqs. Hen. Green, ) Rich'^ Waldron, ) . The L* Governor sent to the Lower House to know whether they had made choyce of a Speaker ; and they offered Mr. George Jaffrey, who Avas accepted. Both Houses being met, the L* Govern'' acquainted y™ that since he came into the Province he had heard of no matter that offered of service to be done, more than when he last went away ; and delivered his speech to the Assembly for their consideration. A vote was sent to the Lower House for reviving and continuing the act for defraying the public charges of the Governm' until the second day of November, 1695, w'^'' past both Houses, and was assented to by the L* Govern'', and proclaimed the same day. It is the Result of this Board that there be Provided Provision and Ammunition for sixty men, to be sent from Boston to this Province as soldiers ; and the Lower House being sent for up, the L* Govern"^ proposed to them what number of men they thought convenient to be sent for, and to make provision for them as to Provision and Ammuni- tion. Adjourned to Fryday, o'' inst. 10 clock. 1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 25 Held by adjournment, November o'\ 1G94. Present, The L' Govern'', Robert Elliott, J Nath. Weare, J Peter Coffin, S Esqs. W" Yaughan S Esqs. Hen. Green, ) Ricli*^ Waldron, ) In answer to the L* Governor's projDOsals yesterday, the Lower House sent up for sending sixty men for six months, and to raise Provision and ammunition for them, or longer, as necessity should require. Ordered, that a letter be drawn up to be sent for Boston for that purpose. Adjourned to Tuesday, 6"' inst. Held by adjournment, Tuesday, 6"' Novem- ber, 1694. Present, The L* Govern'', Robert Elliott, ) Nath. Weare, ) Peter Coffin, \ Esqs. W™ Vaughan, i Esqs. Henry Green, ) Rich'* Waldron, ) Both Houses being met, the L* Governor declared he hoped to have had an ace" of the debts of the Province ; but they being not ready from the committee, the L* Gov- ernor made a Speech, as on file, and d'* sundry papers to the Assembly for their perusal ; recalling to what hud been done the last session and since, for the service of this [p. XIX.] Province. Adjourned to Wednesday, 2 clock. Held Wednesday, 7**". Present, The L* Govern'', Robert Elliott, ) Nath Wear, ) Peter Coffin, [ Esqs. W'» Yaughan, [ Esqs. Hen. Green, ) Rich'' Waldron, ) This Board sent down to the Assembly to their consider- ation, viz.: Laid before the Assembly last May for the breast work & to secure the King's stores, XIOO. For a sconce to defend the Great Guns, £400. Debts standing 26 PROVINCE OF NEW-HAMPSHIRE. [1C94. out, X202; for a Prison Xl.lO ; Charges returned by the committee, X 322, 19: 2"^; For Provision and amunition for 60 soldiers 6 mo., X2i0. In all amounting as per ace"* on file, £1414: 19: 2. The Lower House sent up the following votes, viz. : one for the Settlem' Town Bounds ; one for the Restraint of Horses on the Commons, and one for Laying out of the Highways ; which Bills this Board gave their dissent ag''. Adjourned to Thursday, 8"', 2 clock. Held the 8**' inst. Present, The L* Govern*', Robt. Elliott, ) Wm. Yauglian, { ^ Henry Green, [ Esqs. Rlcli'^ Waldron, j ^ ' Nath''Wear, ) A Letter from his Excell^ Sir W Phips & Council, rela- tion to soldiers, bearing date at Boston, 81)er 6*'', was sent to the Lower House for their consideration. A vote was sent up for advancing 1-3 part of pay for the soldiers from Boston. A letter was sent in answer to Sir W™ Phips of the o*^ inst., as on file. A vote from the Lower House to raise on all estates and persons in this Province to the value of X700. ]Mr. Elliott and Mr, Wear were apointed a comity by this Board, to join with two of the Lower House for drawing up the act for a X700 Rate, and to make return by two clock to- morrow, Post meridiem. Adjourned until Friday, 9"'. Held Friday, 9* Nov^ 1694. Present, The L* Govern'', NatV Fryar, ) Peter Coffin, ~) Rob* Elliott, } Esqs. Kath^ Weare, I -p. Hen. Green, ) W™ Vauglian, f ^^^^' Rich'i Waldron, j lG9o.] JOURNAL OF COUNCIL AND ASSEMBLY. 27 The Comity appointed to draw up the £700 act made their return. This board excepted ag** the valew of Boards, and and sent the Bill down to the Lower House for their considera- tion. [p. XX.] A vote passed this House for passing an act for alowiug 5 shillings per diem during the session of As- semblys, to the Council, or for making void the act for al- lowance of Representatives during s'' session. Adjorned to November 10"'- Held November 10"\ at 8 o'clock. Present, The Lieut. Govern', Nath' Frvar, ^ Nath" Wear, ) Rob' Elliott, I p ^ W^Yaughan, f Esqs. Peter Coffin, ( ^^^^- Rich-^ Waldron, ) Hen. Green, J The Lower House sent up the act of £700 w"' addition ; but sent back for amendment. A vote from y° Lower House to call the money out of the late Treasurer's hand. The Lower House being sent for up to this Board, the L* Governor made a speech to them, as on file, relating to raising of .£400 to be presented to Mr. W" Blaithwaite for passing of the Laws made & sent for Engl'd, for confirma- tion. The act for raising of £700 past both Houses, and as- sented to by the Lieut. Govern'". The Assembly prorogued to the second Wednesday, in May next, at two of the clock, Post Meridiem. At a General Assembly held by pro- rogation at New Castle, May 8^'\ 1695. Present, The L' Governor, Nath. Fryar, ) Henry Green, ) Rob' Elliott, [ Esqs. W" Vaughan, \ Esqs. Peter Coffin, ) Ricli'^ Waldron, ) 28 PROVINCE OF NEW-HAMPSHIRE. [1695. The Lieut. Govern'" acquainted the Board that whereas at present he did not [?] the affairs of the Province, and the Treasurer being to prepare his acc*% and no time would be left in visiting the Frontier Garrisons and Militia of the Province ; therefore he dissolved this Assembly, and in his Majesty's name they were dissolved. At a General Assembly begun and held at New Castle, May 15, 1695. Present, The Hon'rable the L' Govern'', Nath' Fryar, ) Nath^ Wear, ) Rob* Elliott, [ Esqs. W"' Vaughan, V Esqs. Hen. Green, ) Rich'' Waldron, ) Ordered, that the Deputy Secr^ make the Dedim^ Potest™ to W''' Yaughan and Richard Waldron, Esqrs.,to adminisf^ the oaths appointed to the members of the assembly. The same day according to precept the oaths apointed was administered to Mr. George Jatfrey, Elias Stileman, John Pickring, John Plasted, [p. xxl] Kingslcy Hall, John Foulsham, John Hall, James Rendall, Nath^ Batchel- der, John Smith, Thomas Roby. Adjourned to Tluu'sday morning, the 16'^ inst., 10 of the clock. Held at New Castle, by adjournment^ May 16% 1695. Present, The L* Govern'', Nath. Fryar, ) Nath. Wear, \ ^ Rob' Elliott, [ Esqs. Rich'' Waldron, ] ^'^^1^' Hen. Green, ) Rob' Elliott and Richard Waldron was apointed by vertue of a Dedimus Potestatem to administer the oaths apointed, to John Woodman, William Furber, who had not been sworn of the Assembly, which was accordingly done. The Lieut. Govern'' sent to know whether they had made 1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 29 choyce of a Speaker. The other House came up and pre- sented W Geo. Jaffrey's their Speaker, who was accepted by the L' Govern^ The L* Governor presented his speech to to the assembly. The petition of Duncan Cambell in behalf of Andrew Hamilton, Esqr., Dep* Post Master General for his Maj'tys Colonies and Isles in North America, requesting both Houses' consideration for some encouragement of the Post Office, was read in Council and sent down to the Lower House for their consideration. Held by adjournment. May 18*^ 1695. Present, The Lieut. Govern'', Nathi pj,yar, ) Peter Coffin, ) Rob' Elliott, [ Esqs. Nath. Wear, | Esqs. Hen. Green, ) Ricli'^ Waldron, ) The Assembly being sent for up to this Board, the Lieut. Govern'' was pleased to recomend to their considera* tion the necessity of raising of money for the suport of the Governm* and the defense of his Maj'ties subjects in- habiting this Province against the French and Indian enemie. Held by adiournment May 20"', 1695. Present, The Lieut. Govern'', Nath^ Fryar, ) Will"' Vaughan, ) ^ Rob' Elliott, \ Esqs. Rich'^ Waldron, j ^'''^^^ Peter Coffin, ) A Bill was sent down to the Lower House for Impower- ing the Selectmen in each Town to provide bread by an assessment on the Inhabitants, to be ready four days' march of those sold'rs already (or to be) imprest, to march upon the attack of the enemie, which was assented to by the Lower House. 30 PROVINCE OF NEW-HAMPSHIRE. [1G95. [p. xxil] Held by adjournmS May 21^*, 1695. Present, The Lieut. Govern'", Nath' Fryar, ) W- Yaiiohan, ] ^ Peter Coffin, [ Esqs. Ricli^^ Waldron, \ ^'''^'" Rot)* Elliott, ) The Lieut, Govern'^ proposed that a comitty might be apointed to draw up the acts for what Bills are past. Ac- cordingly M'' Vaughan, Ric'^ Waldron, Esq., were made choice of and recomendations were sent to the other House for choice of two of their House to join them. The Lower House made choice of Elias Stileman and John Pickring. The Lower House sent up a Bill for settling a salary of 12 pounds for the year ensuing for encouragement of the Post .... in answer to Duncan Cambell's petition, provided the Post be kept. « Held by adjournment May 21^*, 1695. Present, The Lieut. Govern'', Nath' Fryar, "^ Robt. Elliott, I ^ Will- Yaughan, ) ^ Hen. Green, ( ^^^^- Rich'^ Waldron, j ^^^^• Nath. Wear, J The Comitty apointed to draw up those acts that had been prefered by Bills, made their returns, and they were sent down to the Lower House for their concurrence. The said Bills was past by both Houses and ordered to be In- grost. Held by adjournment May 21'^, 1695. Present, The Lieut. Govern'', Nath. Fryar, ^ Nath. Wear, ) Rob' Elliott, 1 p W™ Vaughan, ) Esqs. Peter Coffin, f ^^^^' Rich'^ Waldron, ) Hen. Green, I 1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 31 The Lieut. GoveriV gave his assent to, signed these three Bills past into acts, viz. : 1. An act for allowing £12 00 00 to the Post for In- couragem* for the year ensuing, provided the Post be kept. 2. An act irapowering the Selectmen in each town to provide bread for four days' march of the Soldiers imprest. 3. An act for Regulating of Publick Houses of Entertain- ment. At a General Assembly held at New Castle, by adjournment, September ir% 1695. Present, Natli^ Fryar, ) Hen. Green, ) Robt. Elliott, \ Esqs. W'" Vaughan, [ Esqs. Peter Coffin, ) Rich^i Waldron, ) [p. xxiil] Both Houses being met, this Board sent down to see if the other house had anything to offer ; and noth- ing oifering, adjourned till to-morrow, 1 o'clock. Held Thursday, 12 of Sep^ 1695. Present, The Lieut. Govern'", Nath' Fryar, ■ ^ Nath. Wear, ) Peter Coffin, I -^ W™ Yaughan, } Esqs. Robert E.iiott, f ^^^^- Rich'^ Waldron, ) Hen. Green, J The Lieut. Governor sending for the Lower House up, delivered them his Speech in writing, for their considera- tion, as to the matters laid before them at their last session. Held by adjournment, Friday, 13'" September, 1695. Nath. Fryar, ) ' Nath. Wear, ) Robt. Elliott, [ Esqs. W™ Yaughan, [ Esqs. Hen. Green, ) Rich. Waldron, i 32 PROVINCE OF NEW-HAMPSHIRE. [1695. A vote for reviving the act for defraieing tlie publick charge of the Province, intitled an Act for raising a Rev- enue, past both Houses and ordered to be Ingrost. Two Bills, one for raising three hundred pounds money, and another for £100, past both Houses and ordered to be Ingrost. Robert Elliott and NatW Fryar were apointed by this Board to joyn with Major Stileman and John Pickring to draw up the Bills. Held by adjournment, Sept. 14*, 1695. Present, The Lieut. Govern^ Nath. Fryar, ) Nath. Wear, ) Robt. Elliott, [ Esqs. W™ Yaughan, \ Esqs. Hen. Green, ) Rich*^ Waldron, ) Both Houses being met, these two Bills, viz., A Bill for raising £300, A Bill for continuing the Impost, was read & assented to by the Lieut Govern''. Capt. Walton's ace" laid before the Council, amounting to X83: 19^: 0^ was allowed,— X50 : 00 : 00 in part order of & p'l. W" Bedford, Dep* Sec^, his ace" in full to the sixth of this inst.. Am. to £19 : 17 : 9, allow'd. Prorogued until the second Wednesday in June, 1696. Dissolved by Proclamation. At a Council & Assembly begun and held at New Castle, on Wednesday, November 6"S 1695. [p. XXIV.] Being present, The Lieut Govern'', Nath. Fryar, ) W" Vaughan, ) ^ Peter Coffin, } Esqs. Rich. Waldron, ] ^^^^' Robt. Elliott, ) Ordered, that Robt. Elliott and W" Vaughan, Esqs., be commissionated by Ded" Protestatem to the oaths apointed to the members elected and returned of this Assembly. Accordingly the Oaths appointed were given, and the 1695.] JOURNAL OP COUNCIL AND ASSEMBLY. 33 Test subscribed and repeated by Messrs. Geo. Jaffrey, John Woodman, John Pickring, Tho. Cobbitt, Shadraek Walton, John Plasteadj W™ Furbcr, Jno. Hall, Daniel Tilton, Theop. Dudley, Moses Levitt, Josias Sanborn. The Lieut. Governor sent the Secretary to the Lower House and recommended to them the choice of a Speaker. The House presented Mr. Geo. Jaffrey their Speaker, who was accepted. Adjourned to Thursday, 12 clock. Held by adjournm* Thursday, November 7"S 1695. Being present. The Lieut. Govern'', Nath. Fryar, ^ Hen. Green, ^ Peter Coffin, LsBs^^^^^W^^^^i^gh an , > Esqs. Robt. Elliotjb Esqrs. Shadracli "Walton, Esqrs. Robt. Elliott, Nath' Fryar & Shadrach Walton, Esqrs., appointed by Ded, Potest"'^ to present the Association to be signed and to administer the oaths appointed to the members of the Assembly, made their return ; That the persons following signed the Test and Association & toolc the oaths appointed: Jno. Plaisted, Samuel Levitt, Jno. Redman, David Larans,* Jno. Hall, Tho. Chesley, Rich'' Jose, Theodore Atkinson, Jolin Tuck, Samuel Dow & John Hatch. The Lieut. Govern'^ having recommended to the Assem- bly the choice of a speaker, presented John Plaisted. Both Houses being met, the Lieut. Govern'' made this speech : You Gentlemen of the Council and Bepresentatives, — now as- sembled, — Having in the last Assembly laid before them the abso- lute necessity of raising money for the defense & support of the Hon'' of his Maj'ty's Governm*, notwithstanding all which there is nothing done ; Had I not out of my own estate advanced money for provisions for the out garrisons, from March to August last, the soldiers there being posted must have needs been drawn oif and the Frontier Garrisons [p. xxxi.] deserted: You are not unacquainted how the enemy lately designed an attack both by sea & land, and had not God strangely diverted them, the\' might have been masters of this place; which God forbid! and am informed they design to be here earh' the next Spring. TJpon my now coming into this Province, I sent for all the Mili- tia officers to know the state of the place & what was proper to be done ; they signified the country was indebted live hundred pound, & that it was of absolute necessity provision was made for subsis- tance and pay of the soldiers for time to come, and some etfectual care might be taken that provisions may lye ready, and*the charge of the towns, for a march of three or four days upon the attack of * Lawrence? 1G96.] JOURNAL OF COUNCIL AND ASSEMBLY. 43 the eiiem}-; and for efFeoting- the same, humbly offered that an Assembly might be called; w'^'^ Assembly you are. There is like- wise absolute necessity raising- money for securing of his Maj'sty's Fort and Stores, considering' how much your safety depends thereupon. In case the Frontier places be deserted & his Majesty's Fort lost by reason of not due care taken for security & defense of the same, the fault will sorely lye at your doors. Doe acquaint you what money you shall rayse, shall goe to these ends for w"''' raysed, aiul shall be willing the same shall be security for those that shall advance money for the use and ends afores''. I offer to y consideration that you would propose wages for suport & defense of this governm', that I may by this conveyance lay the same before his sacred Maj'ty. As to the King's prerogative, which by his Royal Commission I am invested with, I shall in nowise part with; and on the other hand, his Maj'ty's subjects' Liberty and Property neither will I infringe. Desiring- you would take into serious consideration & be expe- ditious in dispatching what's laid before you, wherein the happi- ness and benctit of his Majesty's subjects in this government doe 60 much depend. Vote from the Assembly to desire that the Hon''^'' the L*. Govern'" would send out Warrants to make choice of two men in the room of Mr, Pickriiig & Mr. Clements. The Lieut. Govern'' declared to the house, thcj should send for them to their house ; for their refusal ouglit to be before the house. Answered, they had no officer to send. The Lieut. Govern'' told them if they desired it, he would apoint a ^Messenger, and that he would strengthen them in any thing they desired for the Liberty and Property of the Subject. Held by adjournment, September 19, 1696. Present, The Lieut. Govern'', Nath. Fryar, ) Hen. Green, ) ^ Peter Coffin, } Esqrs. Shad. Walton, ( ^'^''^• Robt. Elliott, ) 44 PROVINCE OF NEW-HAMPSHIRE. [169G. [p. XXXII.] A vote for raising six hundred pounds past both houses. Mr. Elliott and Hen. Green, Esqrs.,apointed comitty to draw up the said Bill. Rich'' Jose and Sam'^ Levitt apointed to joyn with them. Prorogued to sit at Hampton, Tuesday, the 22'^ inst. Hekl l)y Prorogation at Hampton, Tuesday, September 22'', 1G96. Present, The Lieut. Govern'', Natli. Frvar, ") Nath. Wear, ^ Robert Elliott, VEsqrs. Shad. Walton, VEsqrs. Hen. Green, J Joseph Smith, J The L^ Governor sent for the other House, & again rec- ommended to them his last speech, & desired their speedy dispatch. Held September 23", 169G. Present, The Lieut. Govern^ Nath. Fryar, ^-| Nath'. Wear, "^ Peter Coffin, I p^^,.^ ^^lad. Walton, J^-Esqrs. Robt. Elliott, f ^^^i'^' Joseph Smith, J Hen. Green, j A particular ace'* of what debts are ah-eady due from the Province recommended to the Assembly for their consider- ation (viz.): To 40 Soldiers in Garrisons, Pay & subsistance from ) the last payment the 8"^ April to the 8* Octob'' S ^--'^O 00 00 To Capt. "Walton for himself and soldiers at the ) King's Fort to 10* May last ... S 061 11 00 To Capt. Walton for himself and soldiers from 10"^ } May to 10 November next .... S 001 15 00 To due to sundries whose acc'^ are ready past . . 022 00 00 To John Battson for mending the house at the Fort 005 00 00 To a flag for the King's Fort 016 00 00 To due to balance the Treasurer's acco" . . . 021 6 4. £737 12 4 169G.] JOURNAL OF COUNCIL AND ASSEMBLY. 45 A vote was sent up for continuing the act of Impost & Excise, and a vote to give unto his Maj'ty the sum of six hundred pounds for payment of soldiers and subsis- tance for time past, & to come. The Assembly sent up an answer to the L' Govern''^ speech (viz.). That they was very sensible of the necessity of raising money for pay & subsistance of the soldiers, but such was their poverty & scarcity of corn, and noe prospect of a better crop this year, that they could raise no more at present than £600 : 00 : 00, as see our file. A vote was sent to the Assembly that an humble address might [p. xxxin.] be made to his most Sacred Majesty to send a General Govern'' over these his Governments, and to annex us as in his princely Wisdom as he shall see meet. Held by adjournm*, September 24'% 1696. Present, The Lieut. Governor, Nath. Fryar, "^ Hen. Green, ^ Peter Coffin, VEsqrs. Nath. Wear, VEsqrs. Ilobt. Elliott, J Joseph Smith, J The Lieut. Govern'^ desired Robt. Elliott and Joseph Smitl), Esqrs., to carry the following acco"'' to tlie Assem- bly, and lay before them the necessity of raising money for those ends, or else the men must be drawn off and the Frontiers deserted, or that provisions must be impresst (viz.): For a place for the King's stores £55 00 00 For 6 1-2 m° for the soldiers' subsistance & pay . . 520 00 00 For Capt. Walton and soldiers at the Fort 6 1-2 months from 10"^ November next 91 15 00 For the standing Post 12 00 00 For extraordinary expresses, about . . . . 15 00 00 Other petty charges . . . . . . . 7 00 00 £700 15 00 46 PROVINCE OF NKW-lIAMrSIIIRE. [1696. Ill answer to -which the Assembly sent tlic foUowhig vote, viz. : In answer to an acconnt brought before this House for raising of more money to lye in stock, we, considering the poverty of tiie i»eoj)le in this Province, for which we refer your Honor to our answer given to the Lieut. Govrn"' speech, Esqrs. W"^ Vanghan, VEsqrs. Hen. Green, J Ric'^ Waldron, J Ordered, that the Secretary make a dedimus Potestatem to Robt. Elliott & Rich*^ Waldron, Esqrs., to give the oaths appointed instead of y^ oaths of allegiance & supremacy & j^ test to the Assembly. Capt. John Pickring, IMr. Jno. Plaistead, Mr. Sam^ Keas, Capt. Jno. Gerrish, Cajit. Jno. Gillman, Mr. Symon Wig- gins, Mr. Theod"^ Atkinson, Mr. W" Seavey, Mr. Ephr. Marston, Mr. John Redman, Mr. Benj. Browne, were all sworne of the Assembly pursuant to the above written order, by Robt. Elliott & Rich'^ Waldron, Esqrs. The Assembly came to this House and presented Capt. Jno. Pickring for their Speaker, who was allowed of ac- cordingly. The President made a Speech and gave a coppy to the Assembly as on file. Adjourned tomorrow morning 10 o'clock. 1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 49 At a General Assembly held by adjournment, to this present Wednesday, 9'^ June, [p. xxxvl] Present, John Hincks, Esq., President, Nath. Fryar, ) W"^ Vaughan, ( ^^^^,^^ Robt. Elliott, V Esqrs. Rich'* Waldron, Hen. Green, ) Major Vaughan, as Treasurer, gave in the Province acco" to the Council, & after perusal & approving of it was deliv- ered to the assembly. The Sheriffe complaining that the want of a prison in the Province renders him incapable of performing his office ; Ordered, that he forthwith take up y^ Fort on Mr. Tho- Grafford's hill at Portsmouth for that use, & see it fitted accordingly, y® charge thereof to be paid out of y® Treas- ury & the owner to be allowed reasonable rent for y® same, until further order. Past by President and Council and sent to the other house per Mr. Wear. Said Bill was sent up to this Board by the other House, and consented unto, allowing 40 shillings per annum, sent & past by y® Council. Adjourned to-morrow morning 10 of the clock. At a General Assembly at New Castle adjourned to this present Thursday, lO"' June, 1697. Present, John Hincks, Esq., Presid*, Nath. Fryar, ) Nath' Wear, ) Robt. Elliott, [ Esqrs. W" Vaughan, [ Esqrs. Hen. Green, ) Rich"* Waldron, ) Ordered, that publick notice be given y^ inhabitants of & in y® respective towns of this Province by Captains thereof, that whosoever has serv** as a soldier or disburs** any thing for y^ publick, th^t is not yet paid, may bring in their claims to a comittey appointed to receive the same, who set at Portsm° at the house of John Pickring, on Monday the 21^* of this instant June, and y' y® said Committee consist 60 PROVINCE OF NEW-HAMPSHIRE. [1C97. of two members of y* Council & two of the assembly ; the gentlemen chosen of the Council are W"" Vaughan and Rich'' Waldron, Esqrs. ; those of the assembly, Mr. John Plastead, Mr. John Redman ; and that y° s'' Committee make report of their doings herein to the Council at New Castle, on Wednesday, 23'' current. To the Captains of the several Towns : The above is order of Council and Assembly which you are forthwith to publish by beat of drum, & then set up on y**"" meeting house or other public place, that no person may plead ignorance, & bring on any after claims. Adjourned to the 2o^ inst. at 2 o'clock in the afternoon, at New Castle. At a Council and General Assembly, held by adjoiirnment, to this present Wednesday, 23'^ June, 169T. Present, John Hincks, Esq., Presid', Nath. Fryer, ) ^ W™ Vaughan, ) ^ Robt. Elliott, i ^^^^' Rich'' Waldron, ( ^^^^• [p. XXXVII.] Adjourned to-morrow morning, 10 of -the clock. At a Council and General Assembly, held by adjournment, this 21"" June. Present, John Hincks, Esq., Presid', Nath. Fryer, ) Nath. Waer, ) Robt. Elliott, } Esqs. W™ Vaughan, [ Esqs. Peter Coffin, ) Rich" Waldron, ) The committee appointed to receive all claims due to any person from the Province. The return was accord- ingly given to the Council & sent to the Assembly. The Council adjourned to-morrow morning, 10 of the clock. 1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 61 At a Council and General Assembly, held per adjournment to this present Friday, 25'" June, 1697. Present, John Hincks, Esq., Presid', Nath. Fryer, ) Nath. 'Wear, Peter Coffin, [ Esqs. W'" Vaughan, Robt. Elliott, ) Rich. Waldron, Treasurer Partridge, Esq., bringing in his formerly Treasurer of this Province) to the Council, they approving of said acco*'^ & balancing- the same, to be due ■to tlic Province ll"" : 17 : 9; the same acco"^ being sent to the Assembly, and after perusal, the speaker returned them to this Board with their consent and approbation of the same. Adjourned to-morrow morning, 10 of the clock. At a Council and General Assembly, at New Castle, held by adjournment this 26^1' June, 1697. Present, John Hincks, Esq., Pres*, • Nath. Fryer, ) Nath. Wear, ) Peter Coffin, [ Esqs. W" Vaughan, [ Esqs. Robt. Elliott, ) Rich'J Waldron, ) A Bill sent up from y*" other House for raising money to defray the pubhck charge, the Council assenting thereto, and chose W"" Vaughan and Rich'' Waldron, Esqs., to join with two of the Representatives to draw a Bill for raising 650^''^ in equal proportions to y*" respective towns, according to the last Province rate, & leave it to y*^ Assembly to choose two of their members accordingly. A Bill sent up from the other house for restraining the keeping of horses and horse kind, otherways than in the person's own inclosures. A Bill sent for repealing that part of an Act made in 1694, relating to y° allowance of 1 public Houses and no more, in each town, — both past by President and Council. 52 PROTINCE OF NEW-HAMPSHIRE. [1697. A Bill from y® other House about town bounds, with some amendments passed by the Council & sent to the other house for those Bills. Hen. Green and Nath* Wear, Esqrs., from this house, are appointed a Committee to join with two of the other house to draw up the Bills. Adjourned to New Castle, on Wednesday next, the BO'"^ instant, 2 o'clock afternoon. At a Council held at New Castle, per adjournment, 30*^ June, with the Assembly. Present, John Hincks, Esq., Presid*, Nath. Fryer, ^ Nath> Wear, 1 Sl?Sn ?; >Esqs. W- Yaughan, Usqs. Robt. Elliott, r ^ Rich^ wlldron, f Hen. Green, J J [p. XXXVIII.] Several Bills brought up from y° other house & returned with some amendments. Adjourned to- morrow, 10 o'clock. At a Council and General Assembly, per adjournment, Thursday, primo July, 1697. Present, Ut Supra. Bill sent up about altering of fees. The Council resolved no alteration to be made thereon for the present, & re- turned the Bill to the other house. Bill sent up from y^ other house about records, &c., returned to y® other house with this amendment : That all records of all kinds, belonging to this Province until the time of Lt. Govern' Usher's arrival, be deposited in the hands of Major W"' Vaughan, Esq., he giving copies to any that have occasion, taking y^ usual fees. Several Bills sent from y'' other house & returned with some amendments. Adjourned to-morrow morning, 10 clock. 1G97.] JOURNAL OF COUNCIL AND ASSEMBLY. 63 At a Council and Assembly per adjournment, Friday 2'' July, 1697. Present, Ut Supra. Several Bill sent up by y® other house & confirmed per y® Council and past into Laws (viz.): A bill to raise 650^''* subsistance, and pay of soldiers, &c. A bill for fettering of horses. A Bill additional about the excise. A bill about records. A bill for allowing more houses of entertainment. A bill about the prison, — all past into Laws. Two bills, as on file, about ferridges between Portsmouth and Province of Maine for Major Vaughan and Mr. Fryer, not past by Assembly. After the passing those several Laws, the President & Council prorogued the Assembly unto primo die September, 1697. Hen. Penny, Secr^'. At a Council and General Assembly held at New Castle, by prorogation, to this present Wednesday, primo 7''™, 1697. Present, Jno. Hincks, Esq., Pres*, Nath. Fryer, ) -^.^ Yauffhan ) SIT 2u^'!: ^'^'- Rich-^ Waldron, ^'^'- Robt. Elliott, ) ' ^ Whereas application has been made by the assembly to the President and Council, showing that whereas at y^ last sessions of the General Assembly, money was given for pay and subsistance of the Mattathusetts soldiers in his majes- ty's service in this Province, the 1^' instant, and y' none is yet paid, that the Treasurer may cause forthwith the sev- eral Constables throughout this Province to bring in the first part of each of their respective rates, that so the 54 PROVINCE OF NEW-HAMPSHIRE. [1G97. Mathathuset soldiers be paid & dismissed, to lessen the Province charge.' Ordered, that Major W™ Yaughan, Treasurer, do forth- with send his warrants accordingly to each respective Con- stable in this Province to bring in y'' same by y® 10"' of this instant Tbris., otherwise they may expect the utmost severity of the Laws. In answer to a petition from the selectmen of Dover to the Presid', Council and Assembly, concerning David Ham- ilton's being town charge ; and therefore pray that what estate and movables the said Hamilton hath left, that the selectmen may have power to dispose of the same for the said Hamilton's subsistance : Public notice having been given to the relations of said Hamilton by order [p. xxxix.] of Council, that they should appear at this General sessions & Assembly, if they had any thing to object against said Petition, why it should not be granted ; but none appear- ing, Ordered, That the selectmen are hereby impowered to make sale of part or all the lands or other estate within the town of Dover belonging to the said Hamilton, and im- prove the same for his maintenance. Assembly prorogued to the 1*' Tuesday of October next. At a Council and General Assembly, by prorogation, held at New Castle, this present Tuesday, 5"' 8ber, 1607. Present, John Hincks, Esq. Presid', Peter Coffin, ) Wm. Vaughan, \ ^ Robert Elliott, [ Esqs. . Rich-^ Waldron, \ ^''^^' Nath. Weare, ) After the perusal and adjusting several acco"% and or- dered by the Council, the secretary to desire Lieut. Gov- ern'' Partridge to send to the Council the Commission & Instructions. Adjourned to 10 of the clock to morrow morning. 1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 55 At a Council and General Assembly, per adjournment to this present Wednesday, Q'"" October, 1697. Present, Ut Supra. The Secretary delivered to the Council the Commission and Instructions as was ordered, and left it with y" Presi- dent. Robt. Elliott and Nath. Waer, Esqs., are appointed a Committee to join with two of the Gent, of the assembly by them chosen, to examine y® ace"* of all disbursements & service done within this Province, & to make report thereof to the Council & Assembly tomorrow, at 2 of the clock in the forenoon. The Assembly chose Mr. Atkinson & Mr. Mas- ton for the Committee, And adjourned to morrow 12 of the clock. At a Council and General Assembly, by adjournment, to the present Thurs- day, 7"' October, 1697. Present, Ut Supra. The committee appointed to examine y® claims & debts of the Province made return, as on file. The Council sent up for the whole Assembly and discourst with them about the acco"^ & for raising money to defray the Province charge : then the Assembly returned to consider of it, and sent up a Bill for raising 300^'^^ Adjourned tomorrow morning 10 of the clock. At a Council and Assembly, per ad- journment to this present Friday, S"' October, 1697. Present, John Hincks, Esq., Presid', Nath. Fryer, ] W™ Vaughan, J Peter Coffin, > Esqs. > Esqs. Pobt Elliott, ) Rich'i Waldron, ) The Assembly being sent for by President and Council, and they past these several Acts (viz.) : 56 PROVINCE OF NEW-HAMPSHIRE. [1697. An Act for raising 300""* to defray the charge of the Province. An act for continuing the Impost and Excise, &c., to the S'"^ November, 1698. An Act about trespasses in cutting down trees,* &c. And then the Pres'dent and Council prorogued the Assembly to the last Tuesday in November next, at 2 of the clock in the afternoon. New Castle, At a Council and General Assembly, by adjournment to this pres- ent Tuesday, 30'^ November, 1697. Present, John Hincks, Esq., Nath. Fryer, ^ Hen. Green, ^ Peter Coffin, [ Esqs. W™ Vaughan, [ Esqs. Robt. Elliott, ) Rich'^ Waldron, ) [p. XL,] Ordered, that a General Day of Thanksgiving to Almighty God for his signal favors to us in our preservation from foreign invasions, & giving us a plentiful harvest, For the town of Portsmouth. M-^ John Plaisted, ) Capt. Henry Dow, ] L* John Smith, > For the town of Hampton. L* Joseph Swett, ) M' James Randal and M' Theodore Atkinson for the town of New Castle. Capt. Jno. Tuttle, ) Capt. Jno. "Woodman, > For the town of Dover. M-- Nath. Hill, ) ^J;:- Sri''f'l!l?"'"°^' ! Town of Exon [Exeter]. Mr. Moses Levett, Henry Green, of Hampton, Esq., prayed his Excellency, that in regard of his age, many infirmities and remoteness of habitation, he was very unfit to serve his Majesty as a member of Council,! he might therefore be dismissed; and was dismissed accordingly. * See Records of Council, Commission of Gov. Bellomont, pp. 305-312. t Henry Green, Esq., was one of the most prominent men of Hampton. See a biographical notice of him by Hon. S. D. Bell in Coll. N. If. Hist. Soc. Vol. 8, j^P- 374- 377. In the Town Records of Hampton is the following entry: " Henry Green, Esq., aged above 80 years, for several years a member of the Council!, untiil by age he laj'd downe that place; but did it justice till he died, which was the 5 August, 1700." — Ed. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY, 65 His Excellency sends for the House of Representatives, who waited upon him ; he advised them to go to the house appointed for them to settle their House, choose their Speaker and present him at four o'clock this afternoon. Ordered that a writ of Dedinuis Potestatem be made out and y' the names of John Hincks and Robert Elliott, Esqrs., and Mr. Sampson Sheafe, Secretary, be inserted, and tiiey impowered to administer the oaths appointed by act of Parliament instead of the oaths of Allegiance and Supremacy, to every member of the House of Representa- tives ; and that they see them repeat and Test and sub- scribe the Association. The dedimus Potestatem was accordingly made out & signed by his Excellency & sealed with y'^ Province Seal. Adjourned till four o'clock in the afternoon. [p. 2.] Province of | At a Council and General Assem- Nevv Hanip'". j bly, held by adjournm', at Ports- mouth, Lunge die, Angus" Septimo, Anno lGi>9, Post Merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen', &c., William Partridge, Esq., L' Govern'', John Hincks, ) ^^ Robert Elliott, ) -r, Nath' Fryer, ^ ^''^'^- Capt. John Gerrish, \ ^''^'^■ The Committee impowered by writ of dedimus potesta- tem to administer the oaths appointed, Esqs. Robert Elliott, ) Ricli*^ Waldron, ) The bill for establishing Courts of Judicature within this Province sent down to the House of Representatives by Rich'' Waldron, Esq., for their concurrence. An address of the House of Representatives relating to the fortifications read. An address of the House of Representatives complaining of the late Governor Sam' Allen, Esq., and persons in of- fic3, read. The address complaining of the Late Gov'' Sam' Allen, Esq., and persons in office, by him put in, referring to the gentlemen of this present Council for further information : His Excellency orders the said address be delivered unto them for to direct them tlierein. Adjourned till three o'clock, afternoon. [p. 9.] At a Council and Gen" Assembly held at Portsm°, by adjournment, Jovis die, Aug'" decimo. Anno 1699, Post Merediem. Present, His Excellency, Richard Earle of Bellomont, Capt. Gen" &c., W" Partridge, L' Govern-", John Hincks, )' , Peter Coffin, ) ^ Nath. Frver, [ Esqs. Capt. Jno. Gerrish, j ^^^l^' Robert Elliott, ) Nath' Fryer, Esq., moved that the inconvenience of heaving out ballast in this River might be considered. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 75 Tlie Bill for Establishing Courts of Publick Justice within this Province, returned from the House of Representatives for amendm'. The said bill was amended and returned to the House of Representatives for their concurrence. Adjourned till to-morrow morning at nine of the clock. At a Council and Gener" Assembly held at Portsm" Ven* die, Aug"' Undecimo, Anno 1690, Ante Merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gener", &c., W™ Partridge, Esq., L* Govern"", John Hincks, ^ Peter Coffin, ) Nath' Fryer, V Esqs. Capt. John Gerrish, > Esqs. Robert Elliott, ) Rich. Waldron, ) The Act to return able and sufficient Jurors to serve in the sevei^' Courts of Justice, and to regulate the election of Representatives, to serve in the Gener" Assembly within this Province, was amended, read and sent by the hands of Richard Waldron, Esq., one of the Council, unto the House of Representatives for their concurrence. [p. 10.] His Excellency observing that the Superiour Court of Judicature, according to the present establish- ment, will not come in course until the second Tuesday in February next, and to the intent that the suitors in the late Supreme Court of Judicature within this Province, to have been holden by adjournment on the first Tuesday of this present month of August, and discontinued by his Ex- cellency's arrival and entrance upon the Government, ma}'" not be prejudiced by our long delay : His Excellency pro. poses that provision be made by Act of Assembly that the said Superior Court, pro hac vice, be held at a shorter day for the hearing and trying of the causes and suits depend- ing in the said Supreme Court, discontinued by means 76 PROVINCE OF NEW-HAMPSHIRE. [1699. aforesaid, and that this matter be referred unto the con- sideration of the board until the sitting of the Council in the afternoon. The House of Representatives returned the bill to re- turn able and sufficient jurors, &c., with the desire that there maybe these additions thereto: viz., That the Grand jurors may serve one year, and that all Town Clerks may be sworn. Adjourned till three o'clock this afternoon. At a Council and Gen" Assembly held at Portsm", by adjournment, Ven"'* die, Aug"' undecimo, Anno 1699, Post Merediem. Present, His Excellency Richard Earle of Bellomont Capt. Gen", &c., W" Partridge, Esq. L' Govern'', John Hincks, ) -r, Peter Coffin, ) Nath' Fryer, \ ^^^^^' Capt. John Gorrish, [ Esqrs. Richard Waldron, ) The bill to return able and sufficient Jurors, &c., sent up by the House of Representatives, with two additional clauses. The said clauses were thrice read, consented to by the Council, and sent to the House of Representatives for their concurrence. [p. 11.] A Bill for restraining and punishing privateers and Pirates having been sent to the House of Representa- tives for their concurrence, is passed by the Representa- tives and ordered to be ingrossed. The House of Representatives sent up a message, to crave that they might have the Treasurer's ace*'*, to act as the affairs may require. Adjourned till to morrow morning, 9 o'clock. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 77 At a Council and Gen" Assembly held by adjournment, at Portsm", Sabti die, Aug. duodecimo, Anno 1G99, ante merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen", &c., W" Partridge, Esq, L* Govern'", John Hincks, ^ Peter Coffin, ^ Nath. Fryer, > Esqrs. Capt. John Gcrrish, ^ Esqrs. Robert Elliott, ) Rich'^ Waldron, ) John Hincks, Robert Elliott and Richard Waldron, Esqs., being appointed a committee, to examine and auditt the acc"^ of the late Treasurers, Major W"" Vaughan and Major Joseph Smith, made their report to this board. Ordered, that Richard Waldron, Esq., carry their return to the House of Representatives and desire them to dis- patch. A vote brought from the House of Representatives by the hands of Capt. John Tuttle, for setting of town bounds, was read. His Excellency acquainting L* Governor W'" Partridge, Esq., that he is accused by John Usher, Esq., late L' Gov- ern'" of this Province, of a force or riot committed by him the said L'. Govern'" Partridge, in opposing M"^ Usher, who was at that time commander, from the Right Hon**'*^ the Lords Com'"^ of the Council of Trade and Plantations, ex- pressed in their Lord""''^ Letters of the third of Aug' 1697, relating to this his maj'ty's Government ; For a further account whereof, his Excellency refers L' Gov"" Partridge to a memorial delivered his Excellency by M"" Usher, [p. 12.] the 31^* of July last past, and dated the same day, which memorial his Excellency now delivers him, in order to his the said L* Governor making answer to the charge therein contained. His Excellency also delivers John Hincks and Rich'' Waldron, Esqrs, members of his maj'ty's Council, a memo- 78 PROVINCE OF NEW-riAMPSHIRE. [1699. rial of M"" Ushor, bearing date also the 31"* of July last past, and delivered his Excellency by M' Usher at the same time with the above memorial, wherein the said Mr. Hincks and Mr. Waldron, with others, are charged with high mis- demeanors. His Excellency declaring that he thinks fit to deliver them the said memorial, that they may prepare their answer to M' Usher's charge against them. His Excellency also acquaints L' Govern"" Partridge, Jno. Hincks, and Richard Waldron, Esqrs., that he hath some orders, from the Right Hon''^'' the Lords Com'"^of the Coun- cil of trade and plantations, contained in a Letter from their LordPP% bearing date the 26"^ of Aug**, 1697, con- cerning certain complaints exhibited by Mr. LTsher against them to their said Lord''^', which said Letter his Excellency hath brought with him ; but hath unhappily left at Boston two papers sent by their Lord''^* and inclosed with the same letter as also referred to therein. And His Excellency, finding a want of those two papers, advises L* Govern"" Par- tridge, and the other two Gentlemen aforesaid, to suspend the drawing up the Answers until his Excellency's return to Boston, from whence he will give them full Instructions what their Lord^^* orders are, and what is expected from the L' Govern'' and Gentlemen above named. Adjourned till 3 o'clock afternoon. At a Council and Gen" Assembly held by Adjour*, at Portsm° Sabti. die Aug*^ duodecimo. Anno 1699, Post mere- diem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen", etc., W" Partridge, Esq., L* Govern'", John Hincks, ) ^ Caj)t. John Gerrish, } -p, Peter Coffin, \ ^^^^'^- Richard Waldron, j ^^'^'^• Adjourned till 9 o'clock, Monday morning. 1699.] JOURNAL OP COUNCIL AND- ASSEMBLY. 79 [p. 13.] At a Council and Gen'^ Assembly held l^y adjournment, at Portsm", Lunau die, Aug' 14"\ Anno 1G99, Ante merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen", &c., W" Partridge, Esq., L* Govern^, John Hincks, } ^ Peter Coffin, ) Nath' Fryer, j^'^^l^^' Robt. Elliott, [ Esqrs. Rich^' Waldron, ) His Excellency produced an Address which he had drawn up to his Maj'ty in behalf of himself, the Council and House of Representatives, and that upon the heads dis- coursed of between himself and the gentlemen of the Coun- cil, and they approving thereof, M'^ Waldron is appointed to carry down the same to the House of Representatives, for their concurrence. Adjourned till 3 o'clock afternoon. At a Council and Gen" Assembly held by ad- journment at Portsm", Lunge die, Augt. 14"', Anno 1699, Post merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen", &c., W"' Partridge, Esq., L* Governor, John Hincks, J Peter Coffin, J Nath' Fryer, > Esqrs. Capt. Jno. Gerrish, > Esqrs. Robert Elliott, ) Richard Waldron, ) His Excellency observing to the Council that the excep- tion of the House of Representatives to the acc"^ of Major W"' Vaughan and Major Joseph Smith, late Treasurers, is General ; is therefore of opinion that a messuage be sent to the House of Representatives to desire them to explain themselves in showing which articles in the said accounts they except against as insufficient; to which the Council do agree ; and Rich'^ W^aldron, Esq., is desired to carry the said messuage to the Representatives, which he accordingly did. 89 PROVINCE OF NEW-HAMPSHIRE. [1699. A Bill for reviveing and continuing of writs, Process, actions and suits, &c., depending in the late Supreme Court of Judicature, read the third time, passed, and sent down to the House of Representatives for their concurrence. Adjourned till to-morrow morning o'clock. [p. 14.] At a Council and Gen" Assembly held by adjournment, at Portsm" Martis die, Aug. 15"', Anno 1699, Ante merediem. Present, Ilis Excellency Richard Earle of Bellomont, Capt. Gen", &c., W™ Partridge, Esq., L* Govern^ John Hincks, ^ Peter Coffin, ) Nath' Fryer, > Esqrs. Capt. Jno. Gerrish, > Esqrs. Robert Elliott, ) Rich-i Waldron, ) His Excellency produces a former Great Seal of this Prov- ince, which he rece*^ this day from the hands of Sam' Allen, Esq., late Govern'', and which he caused to be cut in two and defaced, pursuant to his Maj'ty's warrant bearing date the tenth day of June, 1699, in the tenth year of his Maj'ty's Reign ; and the silver of the said former Seal, his Excellency hath delivered to the Secretary to be restored to Sam' Allen, Esq., aforesaid. His Excellency doth also deliver to W"' Partridge, Esq., L* Govern'', a new great scale lately sent to his Excellency from England ; and orders that the Secretary do enter his Maj'ty's warrant in the Council Book, authorizing and commanding the use of the said scale within this his Maj'ty's Province ; which warrant bears date as aforesaid. [Seal.] . William R. To our Right trusty and well beloved cosin, Richard Earle of Bellomont, our Govern'' and Comander-in-chicf ofour Province of New Hampshire, in New England, in America; and to our L* Govern'' and ComanMn-chiefe of our said Province, for the time being, Greeting: with this you will receive a Seal, prepared by 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 81 our order for the use of the Government of New Hampshire ; which Seale is engraven with our Arms, Garter, Supporters, Motto and Crown; with this Inscription around y'^same: Sig. Province Nostr^e de Nov. Hamptonia in Americ: and our will and pleasure is, and we do hereby authorize you and our L' Gov- erns or comander-in-chiefe [p. 15.] of our said Province, for the time being, to affix the said Seale to all patents and grants of Land, and to all Publick acts and Instruments of Governm' which shall be made and passed in our name, within our said Province ; and that it be to all intents and purposes of the same force and validity as any former Seale appointed for the public use of the Government in our said Province, hath heretofore been ; which former Seals are not to be further made use of or affixed to any public acts or Instruments whatsoever, but to be defaced and broken. Given at our Court at Kensinton, the tenth day of January, 1699, in the tenth year of our Reign. By his Maj'ty's command, Ja. Vernon. Capt. John Pickering brings a messauge from the House of Representatives in writing, desiring that y^ exceptions to the late Treasurer's acc"^ which he brought with him, set down in a paper, might be considered of by his Excellency and Council. His Excellency produces an Address to the King ; which he signs and which also the L' Govern'' and Council do sign ; and the speaker with the House of Representatives signing the same. The Council and House of Representa- tatives request His Excellency that he will take care that the said Address be humbly presented to his Maj'ty. Mr. Joseph Horn, Council for Sam' Allen, Esq., and Mr. Thomas Newton and Mr. Charles Story, Council for Rich'' Waldron, Esq., W™ Vaughan, Esq., Capt. Henry Dow and L* Sam' Levett, do appear here before his Excellency and Coun- cil, and consent and agree that the sever" causes depending between the said parties, and were to be tried the first of this instant month of August, at an adjournment of a Supreame Court of Judicature, shall proceed to trial at the next Su- periour Court to be held at Portsm" the second Tuesday in 82 PROVINCE OF NEW-HAMPSHIRE. [1699. February next, and subject to the same rule entered into at the adjournm' of the Supreame Court in May last. [p. 16.] A petition from Mr. James Mountess is delive*^ to his Excellency by Mr. Thomas Newton, complaining of the seizure made of the ship Hopewell and cargoe. Adj*^ till 3 o'clock afternoon. At a Council and Gen" Assembly held at Portsm", by adj', Martis die, Augt. 15*^, Anno 1699, Post merediem. Present, His Excellency Richard Earle of Bellomont, Capt. Gen- er", &c., W" Partridge, Esq., L* Govern', John Hincks, ) ^ Robert Elliott, ) Peter Coffin, ) ^ * Capt. Jno. Gerrish, \ Esqrs. Rich'i Waldron, ) Ordered, that the Secretary doe acquaint Sam* Allen, Esq., that his Excellency and Council, having called for the public ace*'*' in order to do the country right, and it appear- ing in Major Smith's acc"^ that there was to the value of thirty and nine pounds, seventeen shillings, four pence, ex- pended in provisions for his Excellency's reception, which provisions major Smith saith were delivered to himself; his Excellency and Council do report that he will either deliver up and restore the same provisions in kind, or re- fund the money that they cost, into the hands of the said Joseph Smith, to be disposed of as his Excellency, Coun- cil and House of Representatives shall think fit ; also to acquaint him that the House of Representatives as well as his Excellency and Council, have taken notice, and com- plained of this among other articles in Major Smith's acc"% as a misapplication of the publick money. Mr. James Randell brought up from the House of Rep- resentatives a bill entitled an Act for a tax or assessm' 1699.] JOURNAL OP COUNCIL AND ASSEMBLY. 83 of five hundred pounds, to which they desire the concur- rence of this board, which hath beea twice read. Adjourned till to-morrow morning, at nine of the clock. [p. 17.] At a Council and Gener" Assembly, held by adjournm', at Portsm", decimo sexto die Aug*, Anno Dmi. 1699. Present, His Excellency Richard Earle of Bellomont, Capt. Gener", &c., W" Partridge, Esq., L' Govern", John Hincks, \ Peter Coffin, ) Nath' Fryer, [ Esqs. John Gerrish, > Esqs. Robert Elliott, ) Rich'' Waldron, ) His Excellency having been addressed by the house of Representatives to remove Mr. Sampson Sheafe from the place of Secretary of this Province : first as it is inconsis- tent with his Deputy collector's place, and as he is an in- digent person, and much in debt ; and being accused by the House of Representatives for taking exorbitant fees ; and his Excellency having had a general ill character of the said Mr. Sheafe from the gentlemen of the Council and other persons, His Excellency declares that he is, for the reasons aforesaid, prevailed upon to remove him, the said Mr. Sheafe, from the Secretary's place of this Province ; and the rather, because he understands Mr. Sheafe held not the same by patent or Commission from his Maj'tys, but was put into that imployment (1) by Colonel Sam' Allen, late Governor of this Province, and his Excellency desires Richard Waldron, Esq., a member of this Board, to do & perform the office of Secretary for the present, until another fit person shall be named & appointed thereto. The bill entitled an Act for the tax or assessm' of five (1) See Vol. II, p. 2T8. 84 PROVINCE OF NEW-HAMPSHIRE. [1699. hundred pounds was read a third time and past by y** Council and ordered to be ingrossed. A Bill entitled an Act for continuing several rates and duties of custom, excise, impost and powder money, or Tunnage of shipping, was brought up by the hand of James Randle from the House of Representatives, & being thrice read was past by y*' Council & ordered to be engrossed. L* Govern"" Partridge delivers ail Address to his Excel- lency, signed by the Council and House of Representatives, containing a vindication of the said L* Governor, and of John Hincks, W™ Vaughan and Richard Waldron, Esqs., from the unjust aspersions [p. 18.] thrown on them by John Usher, late L* Govern'' of this Province, in two sev- eral papers, delivered by him the said John Usher, Esq., to his Excellency, the 31'* of July last past. Mr. Joseph Smith appearing before his Excellency and Council, and acquainting them that he had in obedience to their order of yesterday been with Colonel Allen, and brought such of the provisions as were left of those which were pretended to be bought for his Excellency's reception, his Excellency and Council do order, that he the said Mr. Smith, do go and acquaint the House of Representatives thereof, and do receive their directions therein, and Robert Elliott, Esq., is desired to accompany the said Mr. Sheafe [Smith ?] to the House of Representatives and let them know that his Excellency and Council do conceive it proper that that affair be submitted to their cognizance. Adj'' till to-morrow morning, 7 o'clock. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 85 At a Council and Gener" Assembly, held by adjournment, at Portsm°, decimo septimo die Aug', Anno Dmi. 1699. Present, His Excellency Richard Earle of Bellomont, Capt. Gen", &c., W™ Partridge, Esq., L* Govern^ John Hincks, ] Peter Coffin, j Nath' Fryer, > Esqs. John Gerrish, > Esqs. Robt. Elliott, ) Rich-^ Waldron, ) John Hincks and Robert Elliott, Esqs., signed and swore severally to depositions in writing, relating to the Barque Hopewell of Jersey, whereof James Mountess, mer- chant, is owner, and the said depositions was delivered to his Excellency. Mr. Sampson Sheafe presents his acc"^ to tlie Board for the time he was employed as Secretary of the Province by Gov'' Allen. Ordered, that the said ace*** be referred to the Examina- tion and Audit of John Hincks, Robert Elliott and Richard Waldron, Esqs., and that satisfaction be made the said Sampson Sheafe in all his just demands. [p. 19.] A messuage from the House of Representa- tives, in writing, by the hand of Nath' Hill, a member of said House, was presented and read at the board, humbly praying that his Excellency would be pleased to appoint and commissionate such a number of y'^ Hon'''^ Council as he shall think fit, to be joined with Mr. Sam' Penhallow, Capt. John Plaisted, members of tlie House of Represen- tatives, to take and state the Publick acc"^ from the day that John Usher, Esq., took upon him the Governm' of this Province, and that publick notice be given by the said commissioners to the inhabitants of the respective towns, to bring in their sever" claims at time and place as they shall direct. His Excellency approving of the said motion, nominated and appointed John Hincks, Robert Elliott, and Rich- 86 PROVINCE OF NEW-HAMPSHIRE. [1699. W'aldron, Esqs., to be com" with those named by the Rep- resentatives for the affair aforesaid. Ordered, that Mr. Sampson Sheafe, late Secretary, de- liver up all Books, writings and files of the publick records belonging to this Province, into the hands of Mr. Charles Story, now appointed to that office ; and that a catalogue and inventory of the same be first made by way of Inden- ture, one part thereof to be signed by the s*^ Sampson Sheafe, and the other part by the s*^ Charles Story. Several acts having passed both Houses, were consented to by his Excellency the Govern"", and by him signed accordingly, viz. : An Act for restraining and punishing Privateers and Pirates. An Act to return able and sufficient Jurors to serve in the several Courts of Justice, and to regulate the election of Representatives to serve in the General Assembly within this Province. An Act for a tax or Assessm* of five hundred pounds. An Act for Establishing Courts of publick Justice within ys Province. An Act for continuing several rates and duties of Cus- tom, Excise, Impost and Powder money, or Tonnage of shipping. After which his Excellency was pleased to prorogue the Assembly to Monday, the 18"' of Sepf next. [p. 20.] At a Council and Gener" Assembly, held at Porstni" by proroga*, the 18"" day of Sepf, Anno Dmi. 1699. Present, William Partridge, Esq., L* Govern"", John Hincks, Esq., Robert Elliott, Esq., Richard Waldron, Esq. Two of the Council being sick, and there not being a 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 87 quorum, the L* Govern'' thought fit to send Richard Wal- dron, Esq., to the house of Representatives as a messen- ger, to desire the House to come to this Board. The House of Representatives appeared. The L* Govern^ acquainted them that he adjourned them till Tuesday, the seventh of November, 1699. At a Council and Gen" Assembly, held at Portsm" by adjournment, the 7'*' day of November, Anno Dmi. 1699, Post mere- • diem. Present, W" Partridge, Esq., L' Govern"" & CoraandMn-Chiefe, John Hincks, ^ Peter Coffin, ) Nath' Fryer, > Esqs. Jno. Gerrish, V Esqs. Robert Elliott, ) RichnValdron, ) Mr. Charles Story, the Secretary, was sent by the L' Govern"" to call the House of Representatives to this Board, which accordingly came ; and His Honor delivered to Mr. Speaker some papers in writing, acquainting him it was all at present he had to say to them for his Maj'ty's service. The L' Govern"" moved to this Board that there might be some care taken for a common Goale in this Province, the present goale not being fit to confine prisoners in winter time. Richard Waldron, Esq., was sent by the L* Govern"" as a Messuage to the House of Representatives, to acquaint them that John Plaisted, Esq., and Capt. John Pickering, not being in the House of Representatives at present, and they being two of the com""' [p. 21.] for stating the Publick acc"^ of this Province, they could not proceed any further about said ace"' to night ; but if said Plaisted and Picker- ing did not come to the said House of Representatives to- morrow morning, then they would proceed further therein. Adjourned till to-morrow morning, ten of the clock. 88 PROVINCE OF NEW-HAMPSHIRE. [1699. At a Council and Gen" Assembly, held at Portsm° by adjournment, the eighth day of Nov% Anno Dmi. 1699, ante merediem. Present, The hon"« W°^ Partridge, Esq., L* Govern^ John Hincks, ) ^ Robert Elliot, } ^ Nath. Fryer, \ ^^^^' John Gerrish, j ^''^^^ Richard Waldron, Esq. Whereas the committee for stating the Public acc"^ of this Province, brought before this board the said ace''*, Ordered that Richard Waldron and Robert Elliott, Esqs., carry the said ace'*-'' to the House of Representatives, in order that they may peruse the same. Adj*^ till nine o'clock to-morrow morning. At a Council and Gen" Assembly, held at Portsm" by adjourn, the 9"" of Nov'"', Anno Dmi. 1699,(1) ante merediem. Present, The Hon''"' W'^^ Partridge, Esq., L' Govern', John Hincks, | ^ Peter Coffin, ) y Nath' Fryer, \ ^^^^' Jno. Gerrish, j ^^^^• Rich*^ Waldron, Esq. A petition of Eliz. Harvey was read relating to her hav- ing abatement of excise, by reason she keeps the post office. Ordered, that the Secretary give notice by writing to the Treasurer that said Mrs. Harvey be exempted from paying any excise for Beer, ale, or cider, according to the laws of this Province, so long as she keeps the post office. (1) [Copied from MS. Minutes of the House.] Not. 9, 16011. Voted, That a strong logg house be built in the Province for a Prison, of thirty foot long, fourteen wide, one story of seven foot high, two brick chimneys in the mids, five foot each, to be don forthwith strong and substantial, the Treasurer, the Overseer, and the charge, to be paiil out of the next Province Assess- ment; to be sett in Portamoiith, in or near the Great Fort. Theodore Atkinson, Clerk. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 89 [p. 22.] Samuel Penliallow, Esq., Treasurer, having acquainted this Board that he paid the post master one pound ten shilling for publick use : Ordered, that the said sum of one pound ten shillings be paid out of the publick Treasury. Bartholomew Green, printer, his letter from Boston, dated 2-i"^ October, 1699, was read, relating to the printing of several Laws of this Province, amounting to three pounds. Ordered, that the said sum be allowed, and an order forthwith granted to the Treasurer for pajm* of the same. Ordered that the Secretary of this Province do forthwith enter all Acts and Laws passed by the Govern'', Council and Assembly of this Province (which is not already en- tered) into a Record Book, and that the said Secretary be paid for the same as the Law directs. Ordered, that the Boat bought by late Treasurer, Major Joseph Smitli, for the use of his Maj'ty's fort W"' and Mary, of this Province, be forthwith delivered to Capt John Hincks, with all oars and masts thereto belonging ; And that the Secretary issue forth an order to the said Capt. Hincks for taking possession of said Boat from any person in whose custody the same may be found. The L' Govern'" proposed to this board that a General Thanksgiving day may be appointed throughout this Prov- ince, to be kept solemnly, for the preservation of his Maj'ty's sacred person, the many blessings of health amongst us, Plenty of Harvest, and especially for so good a settlement in this Government laterly made by his Excellency the Earle of Bellomont, our Govern', on Tuesday the 23'^ of this instant November, And that Proclamations be issued forth accordingly to every town of this Province. Ordered, that Rich'^ Waldron, Esq., acquaint the House of Representatives with the above proposal. [p. 23.] Ordered, that Sam' Penhallow, Esq., Treasurer, doe take care to provide firewood, candles, and other nee- 90 PROVINCE OP NEW-HAMPSHIRE. [1699. essaries sufficient for the use of the Council and Represen- tatives, from time to time, during their publick meetings in the winter season. Ordered, that Mr. Sampson Sheafe, late Collector of the Impost of this Province, do forthwith give ace" to the present Treasurer, Sam' Penhallow, Esq. what monies he received during his continuance in that office, and that the Secretary signifie the same from that Board. Ordered that Mr. Taylor, Secretary to his Excellency the Earle of Bellomont, for his care and deligence in trans- cribing several writings for the use of this Province, when his said Excellency arrived here, have presented him as a Reward or gratuitie, twenty pieces of Eight ; and that the Secretary issue forth an order to the Treasurer for payment of the same. The Lt. Govern'' ordered the Secretary as a messuage to the House of Representatives, to know if they had any thing to send to this Board : and that they would make what dispatch they could possible with what lay before them. Mr. Speaker answered they had nothing at present to send to the Council, but would dispatch what was before them with all expedition possible. Mr. John Smith one of the House of Representatives, came up to this Board as a messuage from said House, with their concurrence, concerning keeping a General Thanks- giving day, as aforesaid. Ordered that proclamations be sent to each town for keep- ing a General Thanksgiving day on Thursday the 23'^ inst. Upon a Report of the Committee for stating the public acc"^*^, we find the Province D"^ to the p'ticular persons hereafter named, the particular sums following, as upon file. lb. s. d Imprimis. To Capt. Penny 20: 19: 00 To L' Gov' Partridge 160: 00: 00 Jno. Hincks, Esq. fort 97:04:02 To Jerem. Walford 00: 14: 06 To Capt. Tattle 34: 06: 01 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 91 To Row'^ Jenkin [p. 24.] To Capt. Penny To Patiens Alkin To Elisha Bryer To John Knight To John Snell . To Eich'i Waldron, Esq. To Sam' Rymes To John Cotton and ? Jno. Downing, Bntchers, ^ To L' Gov'' Partridge To Mr. Geo. Jaffrey . To Mr. Jno. Cotton . To Mrs. Bridgett Grafford To Jno. Walker To Jno. Partridge To Mr. Hen. Penny . To Mr. Fran. Tucker To W"^ Cotton . To Mr. Sam' Penhallow ) for liis servant, ^ To L* Gov. Partridge To John Reed . To James Norway To Edw"* Ayres To Rob' Lang . To W™ Lane & 7 Francis Page ^ To Splan Lovett To Jno. Snell, et al To Major Vaughan To Thorn' Greely To Mr. Theo. Phipps To Sam^ Penhallow, Esq. To Elisha Bryer To Capt. Jno. Pickering To Capt. Jno. Tattle To Jno. Odihorne & Geo. Wallas To Capt. Echabod Plaisted for himself and 60 men and horse. To Mr. Sampson Sheafe Committee's Expenses 06: 15: 00 04: 06: 00 03: 00: 00 02: 12: 03 02: 11: 01 00: 08: 00 69: 08: 02 01: 16: 00 10: 07: 01 16: 15: 06 03: 09: 00 05: 00: 00 04: 10: 00 00: 18: 00 00: 04: 00 02; 00: 00 11: 00: 06 01: 04: 00 01: 16; 00 80: 02: 06 09: 11: 00 01: 04: 10 00: 12: 00 00: 06: 00 01: 04: 00 02: 00: 00 07: 03: 00 04: 16: 00 06: 00: 00 00: 12: 00 06: 00: 00 01: 05: 00 00: 16: 04 15: 11: 05 00: 08: 00 36: 00: 00 16: 10: 04 01: 16: 00 92 PROVINCE OF NEW-HAMPSHIRE. [1699. Which ace"' being sent down to the House of Represen- tatives, was ag] eed to, excepting the objections foil, w^hich was desired to be deducted; lb, s. d From Mr. Isaac Addiii^tou K • • T t r' rs tt" - / . • • • 12 : 00 : 00 being 111 L* Gov" ace" Mr. Jno. Siiell . 05:07:00 Capt. Ichabod Plaisted 36 : 00 : 00 Committee's Expeuces 01 : 06 : 00 Mrs. Hanuab Purmott 03:00:00 Also they added some money to several persons w*^'' were omitted, viz. : To Capt. Tuttle 02 : 10 : 00 To Sam' Siiell . To Jno Hinckes and Ricli'^ Waldron, Esqrs. To Sam' Penhallow and Theodore Atkinson, Esqrs. 01: 04: 10 04: 00: 00 04: 00: 00 Ordered, That the said sums stated as before mentioned be passed, and others go to the Treasurer accordingly. [p. 25.] L* Govern'' desired John Gerrish, Esq., to call the House of Representatives before this Board ; they hav- ing made some objections to some particulars in the public ace"'. Accordingly they appeared. The L' Governor acquainted them that they had made an objection relating to twelve pounds, paid to Mr. Addington for his service done this Province ; Desired to know their reason, and laid before them the true ace" how and in what manner said Mr. Addington was serviceable to this Prov- ince ; desired them therefore to consider further of the matter. Natli' Hill brought to this board two votes from the House of Representatives, — one consenting that Mr. Ad- dington's twelve pounds be allowed, and the other relating to the building of a Goal. It being about 5 o'clock, adjourned for one hour and halfe. 1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 93 At a Council and Assemlily, held by adjournment about 7 o'clock in the evening. Present, as before mentioned. Theadore Atkinson, Esq., and Capt. Tuttle, being sent from the House of Representatives to this board, acquainted the L' Govern"" that there had been a debate in their House for the raising a sum of money to pay the Publick Debts of this Province; and they think it not convenient at present to raise the same, but desires some further time may be given to do the same, the former rate being not yet gath- ered in, and several of the members of the House being wanting. Lt. Govern'' told them he would consider of what was said. The L* Govern"" sent Mr. Charles Story, the Secretary, as a messuage to the House of Representatives, to know of them whether they designed to draw Tip a Bill to-night for defraying the publick charge of this Province. [p. 26.] Mr. Speaker answered, they were in debate of the matter, and after it was over, would come and acquaint his Honor what they intended therein. Mr. Story was sent again to call the House of Represen- tatives to this Board, who immediately appeared ; upon which the L* Governor was pleased to adjourn them till Tuesday the 21*' inst., at 10 of the clock in the forenoon. At a Council and Gen" Assembly, held at Portsm" by adjourn', the 21^' November, 1G99. Present, W™ Partridge, Esq., L'. Governor, &c., John Hinckes, ) ^ Peter Coffin, ) -r- Robert Elliott, \ ^^^^- John Gerrish, | ^^^^- Richard Waldron, Esq. Ordered, that the Secretary do forthwith give notice to 94 PROVINCE OF NEW-HAMPSHIRE. [1699. Sam^ Penhallow and John Plaisted, Esqs., Justices of the Peace of this Province, that whereas a riot was lately com- mitted by sundry seamen now in town, that they do not omit of making a full inquiry into the matter, and bring the offenders to condign punishm^ and particularly that Elizabeth Redford, in whose House the disorder began, may be forthwith forbidden selling of drinks by retaile, or keeping a publick House of entertain m* for future. Richard Waldron, Esq., was sent a messuage to the House of Representatives, in order to desire y'' speedy dis- patch, for the drawing up a bill for paym* of the publick Debts of this Province. Mr. Nath^ Hill brought up a vote from the House of Rep- resentatives for the raising of four hundred and [p. 27.] sixty pounds, upon all persons and estates, real and per- sonal, according to former custom within this Province, to be paid in money to the Treasurer by the last of June next, and that the rate be delivered to the Constable of each town three months before. Agreed to by this Board, and ordered a bill be drawn ac- cordingly, and that Mr. Charles ^'tory. Secretary, together with Theodore Attkinson, Esq., Clerk of the Assembly, do prepare the same. A Bill entitled an Act for raising four hundred and sixty pounds for defraying the publick charge of the Province, being read three times, was sent down to the House of Representatives by Mr. Charles Story, Secretary, for their concurrence. The House came up and consented to the enacting said Bill. A petition of Capt. John Tuttle, on behalf of himself and soldici's at the Garri.^on at Dover, relating to money for- merly due to them, and allowed by Council, was read. Ordered, that the Secretary do make out an order to the Treasurer for payment of 10"'^ immediately to Capt. Tuttle, on behalf of himself and soldiers, and that the remainder be paid out of the 460"^^ rates. 1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 95 A petition of Elizabeth Redford about lier keeping a pub- lick House, was read. Then the L* Govern'' was pleased to prorogue the Assem- bly till the first Tuesday in May next. [p. 28.] Province of New Hampshire. At a meeting of the Council and Gen" Assem- bly, held at Portsmouth by adjournment, on Tuesday, the 7"' of May, post merediem, Anno Dmi. 1700. Present, The Hon'^^^ W" Partridge, Esq., L* Governor, John Hinckes, ) ^ Peter Coffin, ) ^ Nath' Fryer, j ^'''^^- RiclV' Waldron, \ ^^^^^ John Gerrish, Esq. Whereas there remains formerly due to John Cross, James Phillipps, Thomas Maurdyn, Thomas Barnes, Reu- ben Haines and Henry Langmaid, Twenty and four pounds for their service as soldiers at the fort W"" and Mary: Ordered, that the said sum be paid out of the next Province Rate. Mr. John Hinkes, his account for his service as Capt. of the fort W"^ and Mary, with other articles in said ace"* from the 17'*' of August, 1699, to this present day, was delivered to this Board, the whole amounting to 59"': 11^: 02*^, as upon file, was allowed and approved of, and ordered to be paid out of the next Province rate. Mr. Charles Story, Secretary, was sent as a messuage to the House of Representatives by the L* Govern"" to call them up to y^ Board, who accordingly came ; and Mr. Speaker moved to the L' Govern'' that they were just upon resolving of a vote to be sent up relating to the Goal, and desired a quarter of an hour's time for the conclusion thereof. The L* Govern'' told them they might have so long time for fin- ishino; the same. 96 PROVINCE OF NEW-HAMPSHIRE. [1700. Whereas there is due to Mr. Charles Story, from the IT**" of August to the 17"" of February last past, six pounds for his salary as secretary: Ordered that an order go forth to the treasurer for the paym' of the same. Mr. John Smith brought a vote from the House of Rep- resentatives relating to the erecting a Goal. The L* Govern"^ sent John Gerrish, Esq., as a messuage to call the said House up again to this board, who came accordingly ; and the L* Govern'' was pleased to adjourn them till the second Tuesday in June next. [p. 29,] Province of ) At a Council and Gen" Assembly New Hamp^ ] held at Portsmouth, the 11^*' day of June, Anno dmi. 1700, Post merediem. Present, The Hon"« W" Partridge, Esq., L* Govern^ John Hincks, ) tt, Peter Coffin, ) -p, Nath' Fryer, \ ^''^''- John Gerrish, \ ^'^i''- Rich'i Waldron, Esq. The L' Govern'" produced a letter directed (for the Lt Govern'", Council and House of Representatives of the Province of New Hampshire) dated at Boston, the G"" of June, 1700, from his Excellency Richard Earle of Bello- mont, which was read at this Board and sent down to the House of Representatives by the secretary, Mr. Charles Story, a copy whereof is as follows, viz. : Boston, 6* June, 1700. Oentlemen: — The encroachment of the French to the eastward of New Hampshire, and their having alienated the Indians all about you from their former obedience to the King, makes it too manifest that their aim and design is to supplant the English and make themselves m" of all this continent; adding to that, too, the late intelligence I have had of the restless endeavors of the French to debauch the five nations of Indians in the Pi'ovince of New York from y' obedience to the King, wherein it is to be feared they have made too successful a progress; forasmuch, 1700,] JOURNAL OP COUNCIL AND ASSEMBLY. 97 therefore, as we are thus beset on every hand by the French, it behooves us to put everything in practice for our defense and security. Nothing can be thought of that's more necessary for that end than the fortifying y°'^ harbor ; and in regard of the snialhiess of that Province and slender number of people there, it would be too great an undertaking for you to build a sufficient fort on the Great Island in Piscataqua River; if you will be at the charge of bi'inging all materials in place, I will endeavor to dispose [p. 30.] the King to be at the charge of building this said fort ; but then I advise you to lose no time, but immediately to pass such a Law as shall effectually oblige the Province to provide the said materials ; of all which I will send you in a few days the estimates, and so I conclude, Gentlemen, Your aiFectionate friend, And humble servant, Bellomont. Samuel Alcock, comand'' of tlie ship Richard & Marga- ret, now laden and bound for Barbadoes, complaineth that Mr. Sampson Sheafe, Deputy Collector of this Province , refuses to give him his clearing, until he first come to an anchor with the said vessel at New Castle ; which is con- trary to common usage ever since the settlem* of the Gov- ernm* of this Province, under his Excellency the Earle of Bellomont. Ordered that the Secretary give notice to Mr. Samson Sheafe, to appear before the L' Govern'' and Council to- morrow morning at eight o'clock, to answer said complaint. Whereas Thomas Laton, pursuant to an order of Council of the 19"^ of February last past, was sent as a messenger by the L' Govern'^ to the Earle of Bellomont, then in Bos- ton, to give him an account of some Indians' proceedings at Cochecha, for which service said Laton was promised one pound, eighteen shillings : Ordered, That the Secretary grant an order to the treas- urer to pay the Said Laton one pound, eighteen shillings. Adjorn'd till to-morrow morning, eight o'clock. 7 98 PROVINCE OF NEW-HAMPSHIRE. [1700. [p. 31.] Province of New Hampshire. At a meeting of the Council and Gen" Assembly, held at Portsm° by adjornment, on Wednesday, the 12"' June, 1700, Ante merediem. Present, The Hon""^ W"" Partridge, Esq., L* Govern', John Hinkes, ) y Peter Coffin, } „ Nath' Fryer, \ ^'^'^'^^' John Geerish, j ^^'^'^• Richard Waldron, Esq. The complaint of Sam' Alcock being read at this board ag®' Sampson Sheafe, Deputy Collector, for refusing to clear his vessel, the said Sheafe then present, but gave no rea- son according to Law why he did refuse the clearing said Alcock's ship or vessel ; only said he did it because Mr . Armestrong, the naval officer, had informed him that my Lord had so ordered it ; but no such order appearing, Mr. Sheafe did promise for the future to give clearings as for- merly, unless to such vessels as he had cau.se to suspect of loading any thing contrary to law. A vote from the House of Representatives was brought to this Board by Mr. Joseph Swett, concerning passing an act about willful perjury, fornication and profanation of the Lord's day. Mr. Theophilus Dudley brought up the Lord Bellomont's letter which was sent down to the House of Representatives yesterday. Joshua Pearce's petition, relating to monyes due to him from y® Province, was read. Ordered that the Secretary look out for the debenter and make report to the Council at y' next sitting. Shadrach Walton's petition was read, relating' to 25'" : 04^ : 02'' due to him for his wages as Captain of the fort W™ and Mary. Ordered that the said sum of 25"' : 04* : 02'' be discounted with Capt. Walton in part of the publick mony in his hand, which he formerly received of Mr. Pheasant Eastwick, as per his receipt appears. 1700,] JOURNAL OF COUNCIL AND ASSEMBLY. 99 The petition of Mr. Richard Hilton, of Exeter, was read at this board, relating for a ferry to be granted him [p. 32.] for transporting horse and man from Swamscott over the River against his house for 50 years' time. Allowed of, and afterwards sent to the House of Representatives by Mr, Charles Story, Secretary. Mr. Moses Levitt brought a vote from the House of Representatives to this board, that Mr. Richard Hilton's petition be granted concerning the ferry from his house to Swamscott, Provided there be a convenient way on both sides the river laid out to said ferry, without making it a Province charge ; every man and horse to pay 6'^ a time, and a single person two pence, which being read, was agreed to by the L* Govern'' and Council, and ordered that a Bill be drawn accordingly, and that Mr. Charles Story draw the same. The petition of Abraham Clements of Hampton, con- cerning his having a trial at the Court of Common Pleas, the 7"' of June, 1699, at the suit of one Natli^ Ayers, at which Court Judgement was obtained against said Clem- ents, upon which he appealed to the Superiour Court fol- lowing ; but the Governm' being changed the said Superiour Court was altered, and at the next Superiour Court that was held the Judges was of opinion that the cause could not be tried before them for which he craves a new trial next Superiour Court, — was read at this board and sent to the House of Representatives by Mr. Charles Story, Secretary. Mr. Hill brought Mr. Clements' petition from the House of Representatives to this Board, with a vote on back side of said petition, that Abraham Clements' petition within mentioned, concerning a hearing of his case at the next Superiour Court, be granted. Agreed to by the L* Govern'' and Council, and ordered that a Bill be drawn accordingly. A Bill for settling a ferry between Swamscott and Mr. Richard Hilton's house, in the township of Exeter, was 100 PROVINCE OP NEW-SAMPSHIRE. [1700. three times read at this board and sent down to the House of Representatives by Mr. Charles Story, Secretary, for y' concurrence ; being first passed by the Council to be enacted, and was afterwards consented to by the L* Govern'', and by him signed accordingly. [p. 33.] The petition of the selectmen and other the in- habitants of the town of Hampton, concerning great dis- turbances made by several ill disposed persons in the said towne, taking upon them to fence in considerable parcels of principal feeding lands belonging to the town of Hampton, (jth 4,435 : 4 : 3,080: 08: 126: 10: 042 : 3 : 220: 00: 173: 12: 10: 00: 48: 03; 50: 03: 06: 00: 00; 00: 04: 00: £8,204: 01 04 By order of the Assembly, Henry Dow, Clerk 2^>'o tempore. [Note. Another estimate makes the cost, £6,105 : 14 : 08. laid before his Ex. Earle of Bellomont. — Ed.] Both estimates 108 PROVINCE OF NEW-HAMPSHIRE. [1700. Mr. James Randle brought up a vote from the House of Representatives, relating that the Indians hence forward be at no time suffered to come within the body of any of the towns within this Province ; but whereas some of tliem profess subjection to the Crown of England, that so long they be supplied with suitable necessaries at some frontier places, according to the direction of the Hon''''' the Govern'' and Council, and that effectual care be taken for repairing the several garrisons, and maintaining constant watch in every respective town, was read at this Board. Samuel Penhallow, Esq., Treasurer, came to this Board and desired an order of Council for 50"", which he disbursed towards building a Goal, there being a rate made for 460"^; wherein is expressed for payment [p. 39.] of the Prov- ince .debts, building a Goal, Fryer, \ ^^'^'' John Gerrish, [ ^^^'- Richard Waldron, Esq. [Copied from MS. Minutes of Assembly.] (1) Aug.- 20, 1700. Capt. Pickerin & Mr. Moses Leavet being absent last meeting ot tbis House, gave satisfaction for the same. Aug. 21, 1700. Theodore Attkinson & John Plaisted paid each 12d for their being absent yesterday. 1700.] JOURNAL OP COUNCIL AND ASSEMBLY. 113 Mr. Charles Story was sent down to the House of Repre- sentatives with the Bill for granting unto his Maj'ty a duty upon tonnage of shipping, &c., for defraying the charge of his ]\raj'ty's forts and fortifications within this Province, and for the further support of the Government. Adjourned till 3 o'clock in the afternoon. [p. 44,] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsmouth by adjournment on Wednes- day, the 21*"* August, 1700, post merediem. Present, The Hon. W™ Partridge, Esq., L' Govern^ John Hinkes, ) t-, Peter Coffin, ) -r, Nath^ Fryer, j ^''^^- John Gerrish, j ^'^^• Richard Waldron, Esq. Mr. Theophilus Dudley, one of the Representatives, brought up to this Board a vote as foil.: Whereas, there is a deficiency in this Province for want of Several Laws, it is humbly offered that a Committee be chosen out of each House for transcribing and drawing up such a body of Laws as may be suitable to the constitution of the Province, — was read. Mr. John Smith, one of the Representatives, Ijrought up the Bill entitled an Act for granting unto his Maj'ty a Duty upon Tonnage of Shipi)ing, &c., for defraying the charge of his majesty's forts and fortifications within this Province, and for the further support of the Government, with some amendment, which was read at this Board. Adjourned till to morrow morning, 9 o'clock. 114 PROVINCE OP NEW-HAMPSHIRE. [1700. [p. 45.] Province of New Hampsliire. At a Council and Gen" Assembly, held by adjournment, at Portsm", on Thursday, the 22'^ August, 1700. Present, The Hon^'i^ W™ Partridge, Esq., L* Govern-", John Ilincks, \ y John Gerrish, ) ^ Peter Coffin, \ ^'•^''- Rich"' Waldron, \ ^^'^'^^ There not being a full Council, his Honor the L* Govern'^ was pleased to send Mr. Charles Story to call up the House of Representatives to this Board, who accordingly came ; and his Hon-" was pleased to adjourn them till the second Wednesday in October nest, at 10 of the clock in the forenoon. Province of New Hampshire. At a Council and Gen" Assembly, held at Portsmouth, by adjournment, Wednesday the 9"> October, 1700, post Merediem. Present, The Hon'^'^ W™ Partridge, Esq., L^ Govern'', John Hincks, ) -f^^^,,^ John Gerrish, ) ^ Nath' Fryar, \ ^'^''- Richard Waldron, j ^'^''• There not being a full Council to proceed upon Publick affairs. His Hon'' the L* Govern"" was pleased to adjourn the As^embly till the last Wednesday in January next, being the 29'" day of said January. [p. 46.] Province of New Hampshire. At a Council and Genei-^^ Assembly, held at Portsm", by adjournment, on Wednesday, the 29"' January, 1700, post merediem. Present, The Hon'^'^' ^V'^ Partridge, Esq., L' Govern^ John Hincks, ) -p Rol)crt Elliott, ) p^nra Nath> Fryer, \ ^'^^''- Richard Waldron, \ ^^'^'^' John Gerrish, Esq. 1700.] JOURNAL OP COUNCIL AND ASSEMBLY. 115 Mr. John Smith, one of the Assembly, brought to this Board a vote that the Law of tonnage. Impost and excise be continued for one year only, with this alteration : that all vessels above fourteen tons pay powder money duely, according as they of thirty tons did in the former act, except those that came loaden with hay or provisions. Ordered, that Mr. Sampson Sheafe have five pounds paid by the Treasurer of this Province, out of the next rate (made for payment of publick debts of said Province), for transcribing of several Laws in a Book, when he was Secretary. The L* Govern'' adjourned the Council till to-morrow morning, (9) o'clock. [p. 47.] Province of New Hamsphire. At a Council and Gen" Assembly, held at Portsm° on Thursday, the 30"" January, Anno Dmi. 1700, ante merediem. Present, The Hon'^i° W™ Partridge, Esq., L* Govern'', John Hinkes, j ^ Robert Ellott, j ^ Nath^ Fryer, ) ^ John Gerrish, ] ^ Richard Waldron, Esq. The L' Govern'' produced a Letter to this Board from Mr. John Bridger, dated at Boston, the 21"' instant, relating to some thousand of trees, which was prepared by said Bridger, in Order to make tar for his Maj'ty's use, was read, and is upon file. [Province Eec. B. II., p. 290.] Letter from J. Bridger. Ilonorahle Sirs: — In Maj', June and July last, I prepared a great many thousand trees in order to make tar for the use of Ids Majesty, in the river of Piscataqua, particnlarly on the commons of Dover, on that side next to Suhawannick river, and in the woods next Quamphegen mill, and in the woods by John Win- gett's, and on a point below the house of Wm. Henderson, sen ; 116 PROVINCE OF NEW-HAMPSHIRE. [1700. all which lands were the Commons of the adjacent towns, and not fenced where the said trees were prepared. Notwithstanding his Majesty has been at the charge of prepar- ing said trees for his use, — as by an Act of the Assembly every one may improve any of the common land or its prodnce, more pariicnlar I presvimed his Majesty might, when no injury to the subject, — yet some envious, malitious and unthinking people have felled many of the said trees which I prepared, to the great disappointment of the project I am on, and his Majesty's interest at home as well as here. Such little and litigious actions makes me not doubt but the trees that were burnt was by design. I am sure this is an intro- duction to such belief. I therefore make these unlawful actions known to you, which neither increase the actor's interest, nor does it blason j^our loy- alty, except by pnnishing the offenders, which done, will prevent my asking redress from other places or persons ; otherwise must seek to put a stop to such proceedings by the best and momentous care I am capable of. I shall wait your answers before I say to any else. Your Honors' Humble serv', J. Bridger.* Boston, Jan 21. 1700-1. Superscribed — "On his Maj.' Service, To Hon. Wm. Partridge, Esq., Lt. Govr., and Council of his Maj.' Province of New Hampshire at Piscataqua." Copy of a letter from Mr. Eobcrt Cole, his Majesty's Consul at Algiers, dated the 13"' April, 1700, was read at this Board and put upon file. Copy of the Dey of Algiers' letter to his Majesty, dated the 14''' April, 1600, was read at this Board and upon file. Copy of an order of the Lords of the Admiralty, dated the 2d June, 1700, to the Earle of Bellomont, was read at this Board, and put upon file. Copy of a letter from Mr. Burchett, dated the 21'' June, 1700, directed to the Earle of Bellomont, was read at this Board and put upon file. • See also Couucil and Assembly Records, June 14, 1798. 1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 117 An Extract from the Lords of the Council of Trade and Plantations y'' letter to the Earle of Bellomont, dated the 21*' June, 1700, was read and put upon file. Mr. John Smith, one of the House of Representatives, brought up a vote from said House to this Board, being as fol. Whereas it hath been already moved that a committee out of both Houses be appointed for drawing up of such Laws as may be suitable for the constitution of the Province, We humbly crave leave to remind your Honors of the same, conceiving it to be of absolute necessity. Henry Dow, Clerk Pro tempore. [p. 48.] Richard Waldron, Esq., was sent from this Board by tlie L* Govern'' to the House of Representatives, to acquaint them to draw up a list of what Laws they might see most proper to be made, and send the same to this Board. Mr, Speaker and Mr. Henry Dow of the House of Rep- resentatives came up to this Board, and Mr. Speaker made the following speech : 3Iay it please your Honor, — The House of Representatives humbly conceive it necessary that a committee might be chosen out of both Houses for the drawing up of such Laws as may be most convenient for the service of his Maj'ty's subjects in this Province. Tlie petition of Gabriell Hamilton was read at this Board, relating to the estate of his father David Hamilton, of Dover, deceased, which estate was ordered by the Gov- ern'' and Council, in 1G97, to be sold by the Selectmen of Dover for the maintenance of his brother, David Hamilton, dec'', — and afterwards sent down to the House of Repre- seJitatives by Mr. Charles Story, Secretary. The petition of James Phillipps, relating to money due to him as a soldier at the fort, was read and sent down to the House of Representatives by Mr. Charles Story, Secretary. 118 PROVINCE OP NEW-HAMPSHIRE. [1701. The L' Govern'' adj*^ this Board till tomorrow morning, 9 of the clock. Province of ) At a Council and General Assembly, New^ Hampshire. ) held by adjournment, at Portsm°, the 31^' of January, 1700, ante merediem. Present, The Hon*^'" W" Partridge, Esq., L* Govern'', John Hinkes, ) -p Robert EUott, ) -n, Nath. Fryer, J ^'^^^- John Gerrish, \ ^^'^''^' Ricli'^ Waldron, Esq. Robert Ellott, Esq., was sent down to the House of Rep- resentatives to discourse the House relating to the peti- tion of Gabriel Hamilton, and to signify that it was the opinion of this Board that the select men of Dover have notice given them of said petition, that both parties be heard before any determination pass. [p. 49.] Mr. Nath' Hall brought up the petition of Mr. David Hamilton from the House of Representatives, which was read at y* Board, and the answer was, that they were humbly of opinion that the select men of the town of Do- ver, together with the petitioner, be ordered to appear at the next Gen" Assembly and bring in a particular ace" of said estate. Which answer the L' Govern'" and Council agreed with ; and ordered that the Secretary give notice to the present select men of Dover, that they, together with such select men as is now living, which took the estate of said petitioner's father into their hands, be sent for, and bring in an ace" of the value and particulars thereof; and of the charge they have been at in maintenance of David Hamilton, deceased. In compliance with the motion of the Assembly for the choosing a committee of both Houses to draw up such Bills as shall be thought fit, at present necessary to be passed into Laws for the good Governm* of his maj'ty's sulnjects within this Province, to be presented to the Gene" Assem- 1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 119 bly at their next session, The Council make choice of John Hincks and Robert Elliott, Esqrs., to join with two others chosen by the Assembly for that end ; and that the Secre. tary be desired to join with them in that matter. A complaint was sent up by the House of Representa- tives against Mr. James Meinzies, for uttering false reports, in company of Bonos Norton, Joseph Cass and Benj^ Fifield, ag"' L' Govern'' Partridge, Peter Coffin, Robert Ellott, Richard Waldron and W" Yaughan, Esqrs., and Mr. George Jeffrey, which is at large upon file.* Ordered, that the Secretary issue forth summons to said James Meinzies, Bonos Norton, Joseph Cass and Benj. Fi- field, to appear before this Board tomorrow by twelve of the clock in the forenoon. Adjourn till tomorrow morning, 9 o'clock. Province of ) At a Council and Gen" Assembly, held New Hampshire, j by adjournm', at Portsm'', the 1'' [p. 50.] Febr'y, 1700, ante merediem.f Present, The Hon"*- the L*^ Govern-- W"^ Partridge, Esq., John Hinkes, ) -p Robert Ellott, ) t^ Nath' Fryer, \ ^''^''' John Gerrish; { ^^^l^'^* Richard Waldron, Esq. Bonus Norton and Joseph Cass, according to summons, appeared before this Board, as also did Mr. James Menzies, lawyer, to answer to a complaint made against him. The complaint against Mr. Menzies was read, as upon file, and he desired a copy of said complaint, and time till Tuesday, 10 o'clock in forenoon, to answer thereto, which was accordingly granted. * See Records of Council. t Feb. 1, 1700-1. Whereas of late sundry members of this house have been wanting therein, — Ordered, that the Clerk send to them to appear on the 3d inst. to shew Rea- sons, if any they can, for their neglect. 120 PROVINCE OF NEW-HAMPSHIRE. [1701. Ordered, that Mr. Secretary return an answer to Mr. Jolni Bridger, of his letter, dated at Boston the 21** Janu- ary hist, which was directed to this Board, — the answer upon file. [Pr. Rec. B. 11., p. 291.] Secretary's Letter to Mr. John Bridger. Portsmouth, Prim. Feb'y, 1700. 3Ir. Jn. Bridger: — I am commanded by the Lt. Governor and Council to let you know they have received your letter of 21^' Januarj' last, importing' a complaint against sundry unknovi^n persons for felling of trees prepared by you for making tar for his Majesty's use, with a suspicion tliat other trees lately burnt Avere done by design; together with a reflection on their Honors' loyalty ; to which they have ordered me to give Answer as fol- lows : That they much admire at your different sentiments con- cerning the government of this Province from what they were at your first coming hither, when you could not but justly acknowledge their abundant readiness to promote his Majesty's service and interest, particularly in that affair under your man- agement, even far beyond what you met with in the Massachusetts government; And, for any persons offending according to your complaint, they think it your duty to prosecute such offenders, that they may receive condign punishment according to their de- merits; and they will, on their parts, in nothing be wanting to prevent any prejudice to his Majesty's interest therein ; and wish you may be able to give his Majesty as good an account of your negotiation in this his service, as they shall be of their loyalty when called in question. This is all at present. By order of Lt. Gov. and Council, from your humble serv', C. Stoky, Secy. A Bill for reviewing an Act made in the 4"" year of king W™ and Queen Mary's Reign, entitled an Act for defraying the Public charge of this Province, with a clause in said act for all ships or vessels above twelve tons to pay 12d per ton, or a pound of Powder, was sent up from the House of Representatives to this Board, Which Bill, with a small amendm', was three times read at this Board, and past by the Council to be enacted, and 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 121 after^Yards sent down to the House of Representatives by Mr. Charles Story, Secretary, for their concurrence. The Bill having; past both Houses, was consented to by the Hon''''' the L' Govern'', and by him signed accordingly. Adjourned till 10 o'clock, Monday morning next. [p. 51.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm" by adjournm* the 3'^ day of February, Anno Dm. 1700.* Present, The Hon'''*' W'" Partridge, Esq., L* Govern% John Hinkes, ) j^ Robert Ellott, ) ■r.,^,,^ Nath' Fryer, \ ^''^'- Peter Coffin, \ ^^^^^- Richard Waldron, Esq. The Lieut. Govern'' sent Mr. Secretary as a messuage to call the House of Representatives to this Board. Mr. Speaker and the rest of the House of Representatives came according to said messuage. The Lt. Govern"^ was pleased to acquaint them that there was a necessity for i-aising money for the paym' of the Province Debts, and therefore thought it convenient they would inspect into the Treasurer's acc"^ and others, that thereby they might be better satisfied with the reasons for raising such money, and that they would expedite the same. James Phillipps' petition was this day read again, and ordered, that care be taken to pay the petitioner out of the next Province Rates, what shall appear to be justly due to him. Adjourned till 10 of the clock to-morrow morning. * Feb. 3, 1700-1. Mr. Moses Level assessed 4s. for liis last week's Neglect. Feb. 4. Mr. Dudly for absence yesterday p'd l~d. 122 PROVINCE OF NEW-HAMPSHIRE. [1701. [p. 52.] Province of New Hampshire. At a Council and Gene" Assembly held by adjournment at Portsm", the 4th of Feb'ry, 1700, Post merediem. Present, The Hon"^« W" Partridge, Esq., Lt. Govern^ John Hinkes, \ ^ Peter Coffin, ) ^ Nath' Fryer, \ ^''^'^' Robert Elliott, ] ^'^''- Richard Waldron, Esq. Mr. James Meinzes appeared at this Board in order to answer to the complaint exhibited against him, which was publicly read [as follows] : [Pr. Rec. B. II. p. 274.] Whereas Information is this day Given by Mr. Joseph Swett, one of the members of y® Assembly, that one James Meinzes, a Lawyer, did some time this week, in the house of Bonos Norton, of Hampton, declare in company with Joseph Cass and Benj'' Fifield, that sundry Gentle- men within this Province, viz. the Hon'''*' Lt. Govern'' Par- tridge, Peter Coffin, Robert Ellott, Richard Waldron, Wm. Vaughan, Esqrs., and Mr. George Jaffrey, hath bought or did offer to buy, of Mr. Sam' Allen, the propriety of this Province ; which report has a tendency to the great distur- bance and disquiett of his Maj"'** good subjects here, and a reflection upon your Hon'^ mentioned ; Therefore humbly crave, that the said James Meinzes, Benj'' Fifield, Bonos Norton and Joseph Cass, may be forthwith sent for, and exam*^ concerning the p''emises ; and if the Report above-' said be proved false, that the Reporter may be dealt with according to his misdemeanour. By order of the Assembly. Theodore Atkinson, Cler. In answer to which the said James Meinzies acknowl- edged and confessed all matters expressed in said informa- tion to be truth, excepting the nominating of particular names. The deposition of Christopher Pottle was publicly read at this Board, relating to prove the complaint against Mr. James Meinzies, which is upon file. 1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 123 Joseph Cass and Bonus Norton, their depositions was drawn up and read before Mr. Meinzics, in order to make liis exceptions against any thing therein writ, before said Cass and Norton was sworn, who made no other objections than that he desired said Cass and Norton to consider what they were going to swear, and use conscience in it. So said Cass and Norton's depositions was sworn before the Lt. Governor and Council, which is on file. Ordered that said Meinzies pay all costs and charges ac- crued upon trial of said complaint, and be admonished never to raise or spread any such false reports again ; — which costs is to be taxed by the Lt. Govern'" and Council, who taxeth the said costs to 1'" 11* 00^\ besides the Sec- retary's fees, and to stand committed until he pay the same. The petition of Andrew Wiggins, relating to the bound- ing of his estate at Sandy Point and Squamscott, was read at this Board. Ad/ till to-morrow, 10 o'clock in the forenoon. [p. 53.] Province of New Hampshire. At a Council and Gen' Assembly held by adjournm' at Portsm", the 5th of Febr'y, 1700, ante merediem. Present, The Hon^'° W Partridge, Esq., Lt. Govern'-, John Hinkes, ) ^ Robert EUott, ) ^ Nath' Fryer, p'^'^* Peter Coffin, j ^"'i''" Richard Waldron, Esq. The names of the committee appointed by the House of Representatives to join with John Hinkes and Robert El- lott, Esqrs., for drawing of several bills, &c., was sent up by the House of Representatives ; relating to Major Ingham being Recorder of all Deeds for this Province was read at this Board, and upon file. A humble opinion of the House of Representatives, that 124 PROVINCE OF NEW-HAMPSHIRE. [1701. a particular account be taken of the King's stores, and re- turn thereof to be made next Sessions, was read at this Board, being sent up by the House of Representatives, and upon flic. The Council humbly leave this matter to the Hon'^^*^ the Lt. Go^■ern^ A vote relating that the south part of the Isle of Shoales pay taxes, &c., send a Representative to this Province, have a Justice of Peace, Constable and other Officers, was read at this Board, and upon file. A vote that Major W™ Vaughan have 20"^ paid him for his service in keeping the Records of this Province, The Lt. Govern"^ and Council consenting thereto : — Ordered that Major William Vaughan, and he only, be Recorder of all Deeds of Land in this Province ; and that what deeds Mr. Charles Story, Secretary, hath recorded be reckoned and accounted good and valid to this day, and further — Ordoied, that the Secretary give notice, with all expedi- tion, to Mr. James Blagdon one of the principall Inhabitants [p. 54.] of the Isle of Shoales, that he appear before the Lt. Govern'" upon the first convenience, to take his oath as Justice of the Peace in order to settle the inhabitants, where he lives under this governm', and to call them together to appoint a Representative for said place, to sit in Gen" Assembly and to observe such further orders and directions as he shall receive from the Hon'^'« the Lt. Govern'' concerning the same. Adjourned till the 7"' of March next at 10 of the clock in the forenoon. Province of ( At a Council and General Assembly New Hampshire. \ held at Portsm" by adjournm' the 7* day of March, 1700. Present, The Hon'"^^ W" Partridge, Esq., Lt. Govern% John Hinkes, ) t^ Peter Coffin, ) t^^^,,^ Robert EUott, \ ^^'l''^' John Gerrish, \ ^^^^l'^- Richard Waldron, Esq. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 125 The petition of Jokii Partridge was read at this Board relating to an addition to be made to the price f(jr passen- gers passing over the ferry which he now keeps, which was allowed and approved, and sent down to the house of Representatives, as appears at large upon file. The select men of Dover and one Gabriell Hamilton ap- peared at this Board, in order to proceed upon a Petition of said Gabriell Hamilton delivered here last General ses- sion of Assembly, where said Hamilton desires tlie select- men to render an account how they disposed of his father's estate, as is mentioned in said petition. Wliereas the select men of Dover moved that they had not timely notice to appear, whereby they were not prepared to answer said Hamilton's Petition : ordered that it be re- ferred till the next Gene" Assembly, and that notice be given to the said select men by the Secretary, to appear at next General session of Assembly, to answer to [p. 55.] said Petition ; he, the said Hamilton, calling upon the Secretary for said order. Letter from Sir Henry Ashurst* to the Lt. Govern'", Coun- cil and Assembly, dated the 24th April, 1700, was read at this Board, and sent down to the House of Representatives.* Adjourned till to-morrow morning eight of tlie clock. Letter from Sir Henry Ashurst. [Pr. Rec. B. I. p. 240.] LONDOX, 24 April, '700. * Gentlejiex :— I have in yor lowest estate appeared for you, as yor Agent I have done you considerable service, procured you Mr. Partridge, yor Leftenant Governor, and was told that I should have a gratuity and a salary settled as the Agent. As you have stood in need of my interest and service, so you may doe againe. Wliatever you thinke lift to allow mee I pray let ye Leftenant Governor receive for my use. I de- livered yor Address to the King, w'ch had not bin delivered atall, but for mee. I shall indeavor by my service. And I am, Gent, yor aftect and humble ser'tt, Henke Asueest. [Note.— The chirography of the above letter, in the hand of Sir Henry, is exceed- ingly obscure, and entirely without punctuation.— Ed.] 126 PROVINCE OF NEW-HAMPSHIRE. [1701. Province of ) At a Council and Gen" Assembly held New Hampshire. ) at Fortsm" by adiournm*, on Saturday, the 8"' March, 1700. Present, The Hon"^ W"^ Partridge, Esq., Lt. Govern'', John Hinkes, ) t:^ Peter Coffin, ) t^ Robert Ellott, \ ^^^'*^- John Gerrish, \ ^^^''^' Richard Waldron, Esq. The Report of the committee for considering of what Laws was convenient for the good governm* of the subjects of this Province, and necessary to be made and enacted, was delivered into this Board and read, as upon file. Mr. Charles Story was sent down to the House of Rep- resentatives with said Report. A vote was sent up to this Board from the House of Rep- resentatives, for the raising of three hundred pounds for the paying the Province debts, accounted to be due to the last of May next, — as upon file, — was three times read at this Board, and ordered that a Bill be drawn accordingly. The Petition of John Partridge was brought to this Board by Mr. Smith, one of the House of Representatives, with a note fixed thereto as foil. : The Assembly are humbly of opinion that two pence from the Maine to his Island, and six pence from thence to Great Island, is sufficient, by order. Theodore Attkinson, clerk. Ordered, by the Lt. Govern'^ and Council, that the said Jno : Partridge for the future have and receive of every passenger that ferrys from the Maine to the Island two pence ; and for every passenger that ferrys from said [p. 56.] Partridge's Island to the Great Island, six pence. A vote brought from the House of Representatives, that there l)c paid unto Lt. Govern"" Partridge for the use of Sir Henry Aslmrst, for service done by him for this Province, the sum of fifty pounds sterling, to be paid out of the in- come of this River as far as possible. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 127 The Petition of Jonathan Wadleigh and Nicholas Gor- don, as on file, was read at this Board and sent down to the House of Representatives, who sent the same up again with their opinion, that the constables and select men of Exeter, who served in the year one thousand six hundred and ninety-seven, be satisfied to appear at the next session of Assembly and then bring their original rate. Ordered, that the Secretary notify to the said select men and constables, if called for by the petitioners, or some for them, that they appear at the next session of General As- seml)ly, and bring in their Original Rate they petitioned about. Mr. Charles Story, Secretary, gave in his ace" to this Board for his service, &c., as Secretary, which was sent to the House of Representatives, and brought hither again, who allowed said Charles Story sixty pounds, which was likewise allowed at this Board. Ordered, that the said sixty pounds be paid out of the next Province rate and that an Order go to the Treasurer accordingly. Treasurer's acc"^ was given into this Board and sent down *to the House of Representatives, who returned the same back, with an estimate of what Debts are now due from the Province, and allowed the Treasurer's account to be one hundred and four pounds, twelve shillings, which was likewise allowed at this Board. Ordered the same be paid out of next Province Rate. The Bill for raising three hundred pounds was read three times at this Board, and ordered to be engrossed ; And having passed both Houses was enacted and con- sented to by the Lieut. Govern'", and by him signed accord- ingly. Estimate of the Province Debts upon file. After which the Lt. Govern'' adjourned the Assembly, till the last Tuesday in April next, being the 29'*' day. 128 PROVINCE OF NEW-HAMPSHIRE. [1701. [p. 57.] Province of New Hampshire. At a Council and General Assembly held at Portsm'' l)y adjournm*, Tues- day, the 29"> April, 1701. Present, The Hon''^'= W"> Partridge, Esq., Lt. Govern'", John Hinkes, ) ^^^„^ W'" Vaughan, Peter Coffin, j ^'^''' John Gerri'sh,' \ ^''^''- Robert Elliott, Esq. Richard Waldron, Esq. A vote sent up by Mr. Theodore Attkinson from the House of Representatives, that an addition be made to the Last Act past in this Province, relating to all vessels up- wards of twelve tons not belonging to said Province, pay- ing powder money for supply of his Majesty's fort at new castle, &c. ; was read and upon file. A vote sent up per ditto, that whereas by the aforesaid Act all vessels exceeding twelve tons, were obliged to pay one pound of powder or twelve pence per ton, It is humbly offered for the better encouragement of Trade within this Province, that the Treasurer demand no more than twelve pence per thousand, of every such vessel as carrieth lumber from hence, was read, and upon file. A vote was sent up, per ditto, that whereas the season of the year requires several of this House to be at home about their present necessary occasions, for sowing and planting, we humbly pray an adjournm* until the 20"' of May next, or when your Honor may in prudence see meet. Mr. Secretary was sent to call the House of Representa- tives to this Board, to adjourn them till Tuesday, the twen- tieth of May next, at 12 of the clock in the forenoon. 1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 129 [p. 58.] Province of New Hampsliire. At a Council and Gene^^ Assembly held at Portsm" by adjournm* the 20"' May, 1701, Post merediem. Present, The Hon'"<= W™ Partridge, Esq., Lt. Govern'', John Hinkes, ) -^i Peter Coffin, ) t^ Nath^ Fryer, \ ^''^'^' W™ Yaughan, \ ^'^''- Richard Waldron, Esq. Mr. Secretary carried to the House of Representatives by order of this Board a Report from the committee, of what Laws was proper to be past for the use of this Prov- ince, together with several Bills drawn up for that purpose. Adj'* till Friday next, 2 o'clock, afternoon. Province of New Hampshire. At a Council and Gen" Assembly held at Portsm" by adj', Friday, the 23'^ of May, 1701, Post merediem. Present, The Hon"i° W" Partridge, Esq., LK Govern'', John Hinks, J W"^ Yaughan, ) Natli. Fryer, [ Esqrs. Jno. Gerrish, i Esqrs. Peter Coffin, ) Ricli'^ Waldron, ) The Lt. Govern'' produced a letter from New York, dated the 12'" May, 1701, from the Council of that place, wherein was enclosed a letter from his Maj'ty King W"\ directed to the late Earle of Bellomont, deceas'', or to the commander in chief of Province of New Hampshire for the time l)eing. Dated at Hampton Court the 19"' day of January in the 12"' year of his Majesty's reign, relating to the Province afore- said, in taking care in building and maintaining such forts either at Piscataqua or elsewhere in said Province, as arc necessary for your security, without being burdensome to your neighbors, with other matters in said letter contained; And also a quota of men to be furnished by his Majesty's 130 PROVINCE OF NEW-HAMPSHIRE. [1701. respective [p. 59.] plantations on the continent of America, toward the defense of the frontiers of New York, in case they be invaded by an enemy, which is likewise upon file, and are in these words foir^', having been both read at this Board. [Superscription.] '*To our Right Trusty and Right well beloved consin, Richard, Eavle of Bellomont, our Capt. Gen'^ and Govern'^-in-chief of our Provinces of the Massachusetts Bay, New York and New Hamp- shire, in America, and of the Territories thereupon depending, &c. ; Or to our commander-in-chief of our Province of New Hampshire, for the time being. (New Hampshire)." WILLIAM R. Ilifjlit trusty and Bight well beloved Cousin, we greet you well : Whereas the welfare and security of our Plantations in America require the utmost care and application of such as are entrusted with the Governm* of each of them, you are in our name to re- quire our Ceuncil, and the General Assembly of our Province of New Hampshire, to exert the utmost of their power in providing for the Building and maintaining of such forts, either at Piscata- qua, or elsewhere, witliin that Province, as are iiecessary for their security, witliout being burdensome to their neighbors, any further than absolute necessity sliall require. And in case the frontier of our Province of New York be at any time invaded by an enemy, you are likewise to call upon our Province of New Hampshire, to make good in men (or money in lieu thereof) their quota of Assistance, pursuant to tlie Reparti- tion herewith sent you. And you are withal to signify to them, that according to y"" be- haviour on this occasion, they will recommend themselves to our Royal grace and favor. So we bid you heartily farewell. Given at our Court, at Hampton Court, the 19"^ day of January, 1700-1, in the twelfth year of our Reigne. By his Majesty's command, Ja. Vernon. [p. go.] The quota of men to be furnished by his Maj'ty's respective plantations on the continent of America towards 'the defence of the frontiers of New York, in case they bo invaded by an enemy : 1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 131 MEN. Massachusetts Bay, 350 New Hampshire, 40 Rhode Ishxiicl and Providence Plantation, 48 Connecticut, 120 New York, 200 East New Jersey, 60 West New Jersey, 60 Pensylvania, 80 Mary Land, 160 Virginia, 240 1358 Mr. Hemy Dow, one of the members of the House of Representatives, brought, up to this Board the following words in writing, viz : May it please your Honors: Whereas Capt. John Tuttle, of Dover, and L' John Smith, of Hampton, two of the members of this House, have withdrawn themselves,* this House pray that their vacancy be made up out of the respective towns unto which they belong*. By order, Theodore Attkinson, Clerk. Adj"* till the 2'^ Tuesday in June next, being the IS''' day, at ten of the clock in the forenoon. * [Copied from MS. Minutes of the Assembly.] May 22, IVOl. The House being att a Debate whether through the Death of the Earle of Bellomont tlieir power be not Ended, Therefore Desire the Speaker to Propose to the Lt. Gov'r & Council, for tlieir Opinions in the matter. May 23, 1701. Mr. Waldron [of the Council] sent down to answer the doutof the House, referring to their Powers being lessened by the Death of the Earl of Bellom. &c. The mind of the Lt. Gov'r & Councill is, that the powers in an Officer are not altered by his Death. It being Debated again in the House, they are most of the same mind with the Lt. Gov'r and Councill, but some objecting, the speaker is desired to inform the Lt. Gov'r and Councill, that the major part was for going on and acting as formerly. The speaker delivered the same. Capt. John Tuttle and Lt. John Smith having withdrawn themselves from the As- sembly, the Assembly Request the Lt. Gov'r that the vacancy may be made up by a new choice. June 10th, 1701. Appeared in the Koom of Capt. Tuttle, Lt. James Davis, and Tim- othy Hilliard in the room of Lt. John Smith; who, being qualified, are joyned as mem- bers of this House; the rest of the House meeting according to adjorn't. 132 PROVINCE OF NEW-HAMPSHIRE. [1701. [p. 61.] Pi'oyince of Xcnv Hampshire. At a Council and Gen" Assembly held by ad- journm' at Portsm° the 10"' of June, 1701, Ante merediem. Present, The Hon"'' W Partridge, Esq., L' Govern'', John Hiiiks j ^ John Gerrish, j Robert Ellott, ) ^ \v '" V aughan, ] ^ Kich" Waldron, Esq. The L' Govern'' granted a dedimus j^otestatem to Hobert Ellott and W'" Yaughan, Esqs., and Charles Story, Secre- tary, to swear James Davis and Timothy Hilliard, two members of the Assembly elected to sit this day in Loco Capt. John Tuttle and Lt. John Smith, who took the oaths appointed to be taken, instead of the oaths of Allegiance and Supremacy mentioned in the statute made in the first year of King W"' and Queen Mary's Reign, as appears by a .return of said dedimus jjotestatem. Mr. Richard Jose, shcriffe of this Province, appeared at this Board and produced a Commission under the seal of the Province, and signed by the late Earle of Bellomont, •dated at Portsm'', the first day of August, 1699, for the of- fice of Sheriffe, to execute the said office from said first day of August till the 29'" day of September, 1700 ; and like- wise made complaint that the said commission was falsely recorded by the late secretary, Mr. Sampson Shcafe ; which commission being examined before the L' Govern'^ and Council, was found to be falsely recorded by Omitting the true time of said sheriff's continuing to execute his office, by two months or thereabouts. Ordered, that it be .entered under the Record, that it is a false Record, and that the present Secretary record the orig- inal de novo. Adj'' till to morrow morniiiig, 9 o'clock. 1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 133 [p. 62.] Province of Now Hampshire. At a Council and General Assembly, liclJ at Portsm^ by adj" the 11'" day of Jmie, 1701, Ante Merediem. Present, ^ The Hon''"^ W™ Partridge, Esq., L' Govern^ Jo'hnHinkes, ) ^^ W'» Vaughan, ) ^ Robert Ellott, \ ^"^''^- , Richard Waldron, J ^^^''^• John Gcrrish, Esq. Mr. Nath. Hill brought up from the House of Represen- tatives these several Bills, foil"' : A Bill for establishing Town Bounds and Lands, &c. ; A Bill for limitation and quieting possessions ; A Bill against trespassing on Town commons ; A Bill for strengthening sheriffs, constables, &c. ; A Bill for an addition to the act relating to Courts ; A Bill to prevent frauds in Tanners, &c. ; A Bill fir a Constable's watch ; AVhich Bills were passed by the Assembly and prayed to be engrossed. All the aforesaid bills were read at this Board. Edward Toogood brought to this Board a debenter for X15 due to himself, Sam^ Whidden and Mr. Penhallow's man, for one day's work going to Newichawanock to dis- cover a quarry of stones for building the fort at Great Island, — was read. Ordered that Edw'^ Toogood be paid 7s., Sam^ Whidden, 5s. Gd., Mr. Penhallow's man, 2s. 6d.,out of the Treasury. Adj'' till to-morrow morning, 8 of the. clock. [p. 63.] At a Council and Gen" Assembly, held by Adj' at Portsm° on Thursday, the 12"^ of June, 1701, ante merediem. Present, The Hon'''° W™ Partridge, Esq., L' Govern^ John Hinkes, ) -^^ „ W'" Vaughan, ) ^^ Rob* Ellott, 1 ^-^l^^- John GerrishI | ^'^^■^• Rich'' Waldron, Esq. 134 PROVINCE OF NEW-HAMPSHIRE. [1701. Mr. James Eaiidell, one of the members of the House of Representatives, brought up to this Board the foil. Bills : An additional Bill for the settlement of Intestates' Estates ; An additional Bill to the Law entitled Marriages ; A Bill for punishing criminal offenders ; "Which said Bills the House of Representatives humbly pray may be engrossed. All which Bills were read at this Board. Richard Waldron, Esq., was sent down to the House of Representatives with these following Bills to be amended, viz.. The Bill against trespassing in town commons ; The Bill to prevent frauds in Tanners, etc. ; The Bill for strengthening sheriffs, constables, &c. Adj^ till to-morrow eight of the clock, in the morning. [p. Gi.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsm° by adj' the 13*" of June, 1701, ante merediem. Present, The Hon"i« W"^ Partridge, Esq., L* Govern'', John Hinkes, \ W" Vaughan, J Nath^ Fryar, > Esqrs. John Gerrish, > Esqrs. Robert Ellofet, ) Rich^^ Waldron, ) Mr. Richard Waldron, Esq., was sent down to the House of Representatives with the Bill for establishing Town Bounds, Lands, y him signed accordingly. [p. 66.] All Act against Adulteiy and Polygamy. An Act for the punishing criminal offenders. An Act for Recording Deeds and conveyances. An addition to the Act past about Intestates' estates, with ano/hcr addition to Insolvent estates. An Act ag^' trespassing on town commons. An Act for aiding and assisting slierifls, constables, &c., in y'' executing their office. An Act to prevent Impounding cattle wrongfully. An Act for Kegulating Tann-^S Curri''% cordwayn", &c. And then the Lt. Govern"' adj'' the xVssembly till Wednes- day next, the 18"* day of June, inst., at ten of the clock in the forenoon. Province of New Hampshire. At a Council and Gen" Assembly held at Portsm** by adj' on Wednesday, the 18"' of June, 1701. Present, The Hon'''° W™ Partridge, Esq., L* Govern'", John Hiiikes, | ^ W- Yaughan, j Peter Cofiin, ) ^ John Gerrish, ) ^ Rich'5 Waldron, Esq. The petition of snndry ordinary keepers of the town of Portsm° was read at this Board and sent down to the House of Representatives. Petition on file. Mr. Swett, one of the House of Representatives, brought up to this Board a Bill about keeping his Maj'ty's highways and Bridges in repair for the future, — was read at this Board. Atlj'^ till to-morrow morning, eight of the clock. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 1-37 [p. 67.] At a Council and Gen" Assemljly held at Portsm° by adj^ on Thursday, the 19'^ of June, 1701. Present, The PJon'''« W'» Partridge, Esq., L* Govern'-, John Hinkes, ) -p, Peter Coffin, ) -^ Natli^ Fryer, \ ^''^''- W- Vaughan, \ ^''^''- Ilichard AValdron, Esq. Mr. John Pickerin, one of the House of Representatives, brought to this Board a vote from said House, praying that they might have a sight of the papers put into the Gov- crnm* and Council, formerly relating to the Bounds of the several Towns within this Province, — was read and put upon illc (which papers was sent down to the House ac- cordingly). Mr. Charles Story was sent as a message to the House of Representatives with a recommendation to said House, signed by the L* Govern'', of the present state and condition of his Maj'ty's fort in Great Island, &c., being first read at this Board. The petition of Nath' Ayres, smith, relating to a new trial or hearing of his case between him and one Abrali. Clements, depending at common law, was read at this Board and sent down to the House of Representatives. The petition of James Phillipps, a soldier at the fort, was read at this Board, relating to what money was due to him for sucli his service as a soldier, might be ordered to be paid to himselfc and not to any person else, was read at this Board and on file. The petition of Sam' Comfort, Oar-maker, was read at this Board, relating to a new trial or hearing of a case wherein he was deft, at the suit of one Nath' Wcare, pi', and sent down to the House of Representatives. The House of Representatives sent up to this Board in writing, wherein they humbly pray a committee be ap- pointed by this Board to consider of all papers put in, or 138 PROVINCE OF NEW-HAMPSHIRE. [1701. can be produced by the several towns or their Represen- tatives, concerning the Bounds thereof, and to make report of their opinion in order to a settlement of said Bounds, was read at this Board. [p. G8.] Ordered that Major W'" Yaughan and Peter Coffin, Esqrs., Capt. Henry Dow and Capt. John Pickerin, be a committee to consider of all [lapers put in or can be produced by the several towns or their Representatives, concerning the Bounds of said Towns, and to make report of their opinions, in order to a settlement thereof, to this Board by to-morrow morning, 10 of the clock, which order was sent down to the House of Representatives. A Bill for taking affidavits out of Court was brought up to this Board by Mr. Timothy Hilliard, one of the House of Representatives. Adj'' till to-morrow morning, 10 of the clock. Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by adj* on Friday, the 20'" of June, 1701. Present, The Hon''"' W"' Partridge, Esq., L' Govern'', John Hinkes, ) -p , Peter Coffin, |p, Robert Ellott, \ ^^^^''^' W" Vaughan, \ ^^^^^• Rich'^ Waldron, Esq. The Bill for taking affidavits out of Court was sent down to the House of Representatives by Mr. Charles Story, Sec- retary, with an amendment. The said Bill was sent up from the House of Represen- tatives and amended, past, and ordered to be Engrossed. Adj'' till to-morrow morning, eight o'clock. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 139 ' [p. G9.] Province of New Hampshire. At a Council and Gen" Assembly, held by adj' on Saturday, the 21^' of June, 1701, ante merediem. Present, The Hon'^^** W'" Partridge, Esq., L* Govern', John Hinkes, ) -ri Peter Coffin, ) ^ Eobert EUott, \ ^^^l^'^' W™ Vaughan, j ^®^^'^- Richard Waldron, Esq. An addition to a former Act relating to sloops and other vessels above twelve tons, to pay powder money for one year from the date thereof, was sent up by the House of Representatives and read at this Board. Tlie Bill relating to the repairing his Maj'ty's highways within this Province, being formerly sent down to the House of Representatives by Mr. Dudly, one of the members of the said House, being as foil. : 21^t June, 1701. Voted that for the reimbursing the Hon'^'" W'" Partridge, Esq., our L' Govern'', in part, for what he have expended for the use of this Province, that he shall have one hundred pounds paid out of the next assessment that is made in this Province, and also that tliere shall be paid to Sir Henry Ashurt, so much as shall malce up that we gave him the 8"^ March, 1700, — one hundred pounds curr' money of New England. Past by the Assembly — Nemine contradicente. Consented to by the Council. Henry Dow, Clerk joro tempore. Another Vote was sent up, per ditto, being as foil : 21^' June, 1701. Voted that Mr. Charles Story shall have twelve pounds paid him out of the next assessment made in this Province as a gratification for his extraordinary service done for said Province. Consented to by the Council ; Past by the Assembly — Nemine contradicente. Henry Dow, Clerk pro tempore. 140 PROVINCE OF NEW-HAMPSHIRE. [1701. The petition of Natli' Aycrs, smith, was sent back to this Board from the House of Representatives, with a vote that they granted liis petition. Tlie petition of sundry ordinary keepers was sent np to this Board from the House of Representatives, with this answer : That they had read the same three times and see no cause to pass it. [p. 70.] The petition of Samuel Comfort, Oar-maker, was brought up to this Board, from ditto, who thought it not convenient to do any thing about it. These several Bills, having been read a third time and passed both Houses, to be enacted, were consented to by the L* Govern'' and by him signed accordingly : An Act for taking Affidavits out of Court ; An Act for Regulating of Seamen ; An Act for Repairing his MaJ'ty's Highways, Esqrs. Robert Ellott, ) Richard Waldron, ) The petition of Benj. Shaw on behalf of his son Roger Shaw, was read and on file. Ordered that Benj. Fifield and Thomas Roby appear at the Board to-morrow at 4 of the clock in the afternoon, and bring with them their acc"% how, and to whom, they paid the Publick money which they had warr*"" to collect accord- ing to the Act of Assembly, in order to adjusting ace"* with 1701.] JOURNAL OP COUNCIL AND ASSEMBLY, 141 the Treasurer for the same ; And that the Secretary make forth a summons accord higly. An additional Act to the Law, Title Marriages, was read at this Board. [p. 71.] The House of Representatives sent up to this Board, to pray their Hon'''' would consider of the former pro- posals about settlem* of Towns^P^ and Town Bounds. Adj'' till to-morrow morning, eight of the clock. Province of New Hampshire. At a Council and Gen'^ Assembly, held at Portsm" by adj' on Thursday, the 17'** of July, 1701, Ante merediem. Present, The Hon"*= W'" Partridge, Esq., L' Govern'", Peter Coffin, ) ^ W™ Yauglian, ) ^ Robert EUott, \ ^^^''^' John Gerrish, J ^''-^'''^• Richard Waldron, Esq. The Lt. Govern'' produced a Letter directed to this Board and House of Representatives, under the hand of Isaac Addington, Esq., Secretary of tlie Massachusetts Govern- ment, dated at Boston, June ultimo, 1701, relating to the laying impositions of tonnage and other duties, upon open vessels trading betwixt that Governm' and this, was read at this Board and sent down to the House of Representatives. A vote was sent up by the House of Representatives, re- lating to the sending an answer of said Letter ; and that an Act l^e past to repeal a former Law about small vessels paying tonnage and other duties, Esqrs. W'" Vaughan, \ Esqrs. Robert Ellott, ) John Gerrish, ) Richard Waldron, Esq. The petition of Nath' Ayres, relating to a case depending between him and Abraham Clements, was read again at this Board. Ordered, that the said petition be granted and that the Secretary issue forth a supersedeas to stop the executing execution ag^' Nath' Ayres in said case. The petition of Major W™ Vaughan, Recorder, was again read at this Board, relating to the compP exhibited ag""' him to the House of Representatives by Messrs. Sani^ Penhal- low and Sam^ Keais, &c. An answer also to the com})l* aforesaid was deliv'^ in writing to the Board by said Major Vaughan, and read accordingly, as upon file. Upon a full hearing of the said [p. 75.] complaint all parties being present and Major Vaughan's answer thereto: The L* Governor and Council do adjudge and order that the original Deeds of Gift mentioned in said compl' remains in Major Vaughan's hands ; and that the said Vaughan, as Recorder, if said Deeds be not already Re- corded, forthwith record the same, and give copy or copies thereof attested as Recorder, to the compl*^ or any other person concerned when regularly demanded of him. Whereas a vote was sent up to this Board on Thursday last, from the House of Representatives, that an Act be past to repeal a formed Law about small vessels paying ton- nage and other duties, ttc, trading betwixt the Massachu- 10 146 PROVINCE OP NEW-HAMPSHIRE. [1701. setts Governm* and this Governm^ and because the said Act is near expiring, Ordered that the Treasurer, or any other officer appointed for collecting said duty, do hereafter forbear the demanding or receiving any such duty, according to the tenor of the said former act, more than what was accustomary before said act was made, and that the Secretary give notice to said officers accordingly. Major W™ Yaughan took the oath of Recorder of this Province, diligently and faithfully to discharge his said office according to the best of his understanding. (Oath upon file.) Ordered that the several Constables hereafter named, who were Constables in the year 1698, have notice given them by the Secretary, to appear at this Board on Thurs- day, the 14* August next, at 2 o'clock in the afternoon, and bring with them their acc**% how and to whom they paid the publick money which they had warr'^ to collect, according to Act of Assembly, in order to adjusting ace"' with the Treasurer. constables' names. Dover, James Bunker ; Portsm., Joshua Pierce ; Exeter, J^rem. Gillman and Andr. Wiggins, Jr. A vote was sent up to this Board by the House of Repre- sentatives, that Richard Jose, Esq., have six pounds paid him for extraordinary service by him done for this Prov- ince, out of the next Province Rate, which was read at this Board, and allowed and approved of accordingly. A vote was sent up to this Board by the House of Repre- sentatives, in hec virba : 3Iay it please your Hojf^ : One of the members of this House belonging to Hampton, having by his misdemeanor contrary to the orders [p. 76.] of the House, occasioned his dismission from the House, the others belonging to Hamp- 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 147 ton humbly pray the vacancy may be made up by order of the House of Representatives. Theodore Atkinson, Clerk. Ordered that a writ go out directed to the Sheriffe for the election of a new member of said House to appear next sessions of Gen" Assembly. The L' Govern"" adj*^ the Assembly till Thursday, 14'*^ August, 1701. Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm"* by adj' on Thursday, the 14* of Aug., 1701. Present, The Hon''^'^ W"^ Partridge, Esq., L* Govern^ John Hinkes, ) y W™ Yaughan, ) y Peter Coffin, ) *^ * John Gerrish, ) ^ Richard Waldron, Esq. Jeremiah Gillman, one of the Constables for the town of Exeter, in the year 1698, appeared at this Board according to summons in order to give an account how, and to whom, he paid the publick money which he had warr"* to collect according to act of Assembly. Ordered, that the said Gillman do make up said ace" with the present Treasurer within 14 days' time, and to pay the balance of the said acco" to said Treasurer. James Bunker, Constable of the Town of Dover in the year 1698, appeared at this Board according to summons to make up his ace" as abovesaid. Ordered, that the said Bunker pay to the Treasurer of said Province, one pound twelve shillings, in fourteen days' time. Joshua Pierce, one of the Constables for the Town of Portsm" in the year one thousand six hundred ninety-eight. 148 PROVINCE OP NEW-HAMPSHIRE. [1701. appeared at this Board according to summons, to make up his ace"" as abovesaid. Adj^i till the 28*" day of August, Inst., at 12 of the clock. [p. 77.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by adj*, on Thursday, the 28* AugS 1701. Present, The Hon^^o W" Partridge, Esq., L* Govern^ W™ Vaughan, Esq. Peter Coffin, Esq. John Gerrish, Esq. There not being a full Council, the L' Govern'^ adjourned this Board till to-morrow morning, eight of the clock. Province of New Hampshire. At a Council and Gen" Assembly held by adj* at Portsm", Friday, the 29*'' Aug*, 1701. Present, The Hon'''^ W° Partridge, Esq., L* Govern'-, John Hinkes, ) Robert Ellott, J W™ Vaughan, V Esqrs. John Gerrish, \ Esqrs. Peter Coffin, ) Richard Waldron, ) Adj. till 8 o'clock to-morrow morning. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 149 Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm'' by Adj', on Saturday, the oO^ AugS 1701. Present, The Hon^'« W" Partridge, Esq., L* Govern'', John Hinkes, ^ W" Vaughan, \ Rob' Ellott, S Esqrs. John Gerrish, { Esqrs. Peter Coffin, ) Richard Waldron, ) Capt. Aaron Everdon, command"^ of the ship Hope, hav- ing made application to this Board, to be abated as to pay- ing of powder money for said ship. Ordered, that said ship pay one half quantity of powder or money equivalent of what she use formerly to pay, and no more for this present voyage, and that an Order go to the Treasurer accordingly. Letters about a quota of men to be sent to New York, and a letter about making a Law, that an Act be made to [p. 78.] prevent the spoiling of trees fit for the service of His Maj'ty's Navy, was sent down to the House of Rep- resentatives. The said Letters were sent up again from the House of Representatives to this Board, with a vote, as upon file. Richard Waldron, Esq., was sent down to call up the House of Representatives to this Board, who accordingly came, and the Lt. Govern'' was pleased to Adjourn them till Wednesday, the 10* of Sept. next, a 12 of the clock. 150 PROVINCE OF NEW-HAMPSHIRE. [1701. Province of New Hampshire. At a Council and Gen" Assembly, held by adj*, at Portsm% on Wednesday, the lO'"^ September, 1701. Present, The Hon^^* W" Partridge, Esq., L' Govern', Peter Coffin, Esq., W™ Vaughan, Esq., Rich'' Waldron, Esq. ' There not being a full Council the Lt. Govern"^ was pleased to adjourn this Board till to-morrow morning, eight of the clock. Province of New Hampshire. At a Council and Gen" Assembly, held by adj' at Portsm° on Thursday, the 11*'' of Sep'"', 1701, Ante merediem. Present, The Hon'"^ W" Partridge, Esq., L* Govern'', John Hinkes, ) j, - Peter Coffin, \ ^ Robert Ellott, j ^^'^''^' W" Vaughan, \ ^^'^'^' Richard Waldron, Esq. Vote was sent up to this Board from the House of Rep- resentatives, by Mr. Theophilus Dudly, that all actions above 40' shall first be brought at the Inferior Court of Common Pleas, and that either party shall have liberty to Review said action once, and no more, and an appeal be al- lowed to the Superior Court, and a review to be allowed at that Court once and no more ; and if true value of the thing sued for be above the value of 100"'® sterling, then either party shall have an appeal to the Govern"" and Coun- cil at this Board ; — and past the Council. Adj*' till 3 o'clock in the afternoon. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 151 [p. 79.] Province of New Hampshire. At a Council and Gen^ Assembly, held at Portsm", by Adj', on Thursday, the llth 7br^ 1701^ Post merediem. Present, The Hon'''^ W™ Partridge, Esq., L* Govern^ John Hinkes, ) ^ Peter Coffin, ) ^ Robert Ellott, \ ^^'^'^' W" Yaughan, ] ^*^'^^- Richard Waldron, Esq. Mr. Nath. Hill, one of the House of Representatives, brought up to this Board the foil, vote, viz., Voted, that all grants of Lands heretofore made either by the Town or Select men of the several Towns within this Province, shall stand good and valid to the Grantee, his Heirs, Executors and Assigns forever. By order of the Representatives, Theodore Attkinson, clerk. Adj'^ till eight o'clock to-morrow morning. Province of New Hampshire. At a Council and Gen" Assembly, held by adjmS on Friday, the 12"» 7^', 1701, Ante merediem. Present, The Hon'^''^ W" Partridge, Esq.', L* Govern^ John Hinkes, ) t^, Peter Coffin, ) -r;, Robert Ellott, \ ^''^''' W" Yaughan, \ ^''^''' Richard Waldron, Esq. A Bill for Regulating of Trials in civil causes was sent up to this Board by the House of Representatives. Yote sent up by the House of Representatives, relating to all grants of Lands heretofore granted by the several Towns, select men, or Committees, shall be good to the grantee, his Heirs, Executors and Assigns forever ; — read 152 PROVINCE OF NEW-HAMPSHIRE. [1701. at this Board (as upon file), who passed said vote, and Or- dered that a Bill be prepared accordingly. The petition of the select men of Exeter was read at y* Board relating to their Town Bounds as upon file. [p. 80.] The petition of several of the inhabitants of the town of Exeter was read at this Board, relating that they may continue and belong to the said Town of Exeter, and not be put or joined to any other Town. Order upon Petition. The Bill to prevent contention and controversy that may arise concerning the Bounds of the respective Towns within y* Province was three times read at this Board and past by the Council, and sent down to the House of Representatives in Order to be engrossed. Adj'^ till 3 o'clock, Post merediem. Province of New Hampshire. At a Council and Gen'^ Assembly, held at Portsm" by adj' on Friday the 12"' 7br, 1701, Post merediem. Present, The Hon'^'« W'» Partridge, Esq., L* Gov., John Hinkes, ) ^ Peter Coffin, ) p Pvob* EUott, \ ^^^^' W"' Vaughan, \ ^^^^' Rich"^ Waldron, Esq. A vote for raising of five hundred and fifty pounds for defraying the Province ingagements, and laying before his Maj'ty the great grievances of this Province, was sent up to this Board by the House of Representatives, and read and past, and ordered that a Bill be drawn accordingly. Adj'' till to-morrow morning, eight of the clock. 1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 153 [p. 81.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by adj* on Saturday, the 13"^ 7br, 1701. Present, The Hon'^^'' W" Partridge, Esq., L* Gov''., John Hinkes, ) y Peter Coffin, ) ^ Rob' Ellott, i ^^'^^' W"^ Yaughan, \ ^^^^^ Richard Waldron, Esq. The Bill for raising of five hundred and fifty pounds was read three times at this Board, and past the Coiuicil, and ordered to be engrossed. The Bill for confirmation of Town Grants was three times read at this Board, and past by the Council, and ordered to be engrossed. These several Bills following, having past both Houses to be enacted, were consented to by the L' Govern'' and by him signed accordingly. An Act for the conflrmation of Towai Grants. All Act for raising 550"''* for defraying the public charge of this Province. An Act to prevent contention and controversy that may arise concerning the Bounds of Respective Towns within this Province. The L' Govern'', with the advice of his Council, pro- rogued the Assembly till the 2'' of October next, at twelve of the clock. [p. 82.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm" by adj' on Thursday, the 2" October, 1701. Present, The Hon'^"^ W" Partridge, Esq., L' Govern"", John Hinkes, ) t, W" Vauft-han, ) ^^ Rob' Ellott, ! ^^^^- John Ge?rish; \ ^'^'' Richard Waldron, Esq. The L' Govern'' adj"^ the Council till to morrow, eight of the clock. 154 PROVINCE OF NEW-HAMPSHIRE. [1701. Province of New Hampshire. At a Council and Gen" Assembly held at Portsm" by adj' on Friday, the 3'' of October, 1701. Present, The Hon'^'*' W°^ Partridge, Esq., L* Govern'", John Hinkes, \ W™ Vaughan, ^ Rob* Ellott, > Esqs. John Gerrish, > Esqs. Peter Coffin, ) Richard Waldron, ) A vote was brought up from the House of Representa- tives to this Board, that an Act relating to Courts be fairly drawn out and engrossed. Henry Dow, Clerk joro tempore. Adj*^ till to morrow morning, eight of the Clock. [p. 83.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by adj* on Saturday, the 4"' of October, 1701. Present, The Hon^^*' W° Partridge, Esq., L' Gov% John Hinkes, ^ W'" Vaughan, ^ Robert Ellott, | Esqs. John Gerrish, V Esqs. Peter Coffin, ) Richard Waldron, ) The petition of James Philipps, relating to his wages due as a soldier at the fort W"" and Mary to the 17'^' of May, 1701, was read at this Board. Mr. Hinkes gave answer to said petition, being Capt. of this fort, that it was all paid to said time. Petition on file. The Bill entitled an Act for regulating of trials in civil causes, having been read three times and past both Houses, was consented to by the L* Govern"", and by him signed accordingly. Prorogued till the 1*' Tuesday in April next. 1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 155 The General Assembly was further prorogued till Tues- day, the 12*^ of May next, by order of Council the 28*'' of March, 1702, by way of proclamation. [p. 84.] Province of New Hampshire. At a Council and Gen" Assembly, held by Prorogation on Tuesday, the 12"* day of May, 1702. Present, The L* Govern' W^ Partridge, Esq., John Hinks, ) ^ W" Yaughan, } ^ Robert EUott, j ^^^^' John Gerrish, ] ^^^^' Richard Waldron, Esq. John Hinkes produced his debenter into this Board for his salary and wages for himself and the soldiers at the fort W" and Mary, from the 17*'^ May, 1701, to the 17'^ May, 1702, amount to 75^'^' 10* 00'^ ; was allowed and ap- proved of. Adj'' till to morrow morning, 9 of the clock. Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by prorogation, on Wednesday, the IS*** of May, 1702, Ante merediem. Present, The Hon"'' W" Partridge, Esq., L* Govern'', John Hinkes, ) ^ W™ Yaughan, } y Robert Ellott, \ ^^^^' John Gerrish, j ^^^^* Richard Waldron, Esq. Mr. Charles Story, Secretary, was sent down to the House of Representatives by the L' Govern'', to lay before 156 PROVINCE OF NEW-HAMPSHIRE. [1702. them an estimate of what is wanting to the fort W™ and Marj, &c.; which was accordingly laid before them in writing, and upon file. James Phillips having this day brought in his acc*^* for arrears of wages, due to him from the 15*"^ of March, 1695-6, to the IV" of May, 1701, being 5 years, 2 months and 2 days, at 26""' per annum, and [p. 85.] there appearing to be 6'" : 9^ : 02'' due to the said Phillipps, more than the Capt. of the fort hath rece*^ for that time, Ordered, that the said 6"^: 9*: 02^^ be paid out of the Treasury of this Province, and the Secretary make out an order accordiiigly. Mr. Nath' Hill brought up to this Board a Bill for the continuing several rates and duties of custom, excise, im- post and powder money, or Tonnage of Shipping, was read at this Board. Adj'^ till to morrow morning, 9 o'clock. Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm° by adj^ on Thursday, the 14*^' May, 1702. Present, The Hon"^'^ W"^ Partridge, Esq., D Govern^ John Hinks, ) -^ John Gerrish, ) -i^ W- Vaughan, \ ^^^'''- Richard Waldron, j ^^^''^• Capt. John Gerrish, being sent down by the L* Govern'^ to the House of Representatives to require their appear- ance at the Council Chamber, and they appearing accord- ingly, the L' Govern"" was pleased to adjourn the Assembly to Thursday, the 28"' curr*, And the Council till tomorrow, 9 o'clock in the morning. 1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 157 [p. 86.] Province of New Hampshire. At a Council and Gen" Assenil)ly held at Portsin° by adj', on Thursday, the 28"^ of May, 1702. Present, The Hon"'' W™ Partridge, Esq., L' Govern'', John Hinkes, ) -n, Peter Coffin, ) t^ Nath. Fryer, \ ^''^''- W" Yaughan, \ ^''^''- Richard Waldron, Esq. The Bill for continuing several rates and duties of Cus- toms, Excise, Impost and powder money, or Tonnage of Shipping, was read a second time at this Board. Adj'' till tomorrow morning, 9 of the clock. Province of New Hampshire. At a Council and Gen" Assembly held at Portsm°, by adj', on Friday, the 29"^ of May, 1702. Present, The Hon''^^ W^ Partridge, Esq., L* Govern'', Nath' Fryer, ) ^ Robert Elliott, ) ^^ Peter Coffin, j ^''^''' AV- Vaughan, J ^'^''' Richard Waldron, Esq. A vote was sent up from the House of Representatives Ijy John Tuck, one of the members of said House, in hcec verba : Voted, that Major W^ Vaughan be supplied with twenty pounds out of the Publick Treasury, for his passage and accommodation in going for England, as Agent for the Province. Past by the L* Govern'' and Council. Cha. Story, Secretary. Past by the Assembly, Henry Dow, Clerk pro tempore. [p. 87.] Pursuant to an order of Council of the 3'^ of De- cember, 1701, which was directed to several persons therein 158 PROVINCE OF NEW-HAMPSHIRE. [1702. mentioned, to run the lines between Town and Town in said Province, with such others as the select men of the several Towns should send with them, did this day make their return of the lines and Bounds between Town and Town ; as upon file, which was allowed and approved of by the Council. And ordered, that the persons who took such care and diligence in running said lines or Bounds be justly paid out of the publick Treasury of this Province, when the next rate shall be paid, each person to have 3* per diem. A vote was sent up to this House that an address and memorial relating to the affairs of this Province, as upon file, be sent by the L' Govern"", Council and Representatives to his Maj'ty, as also a Commission for Major W™ Vaughan, to go Agent to England for said Province, to transact and manage all matters and affairs relating to the Quota of men and money for New York, and the complaints made against said Province, &c., which was read at this Board and approved of. The Bill for continuing several rates and Duties of Cus- tom, Excise, Impost and Powder money, or Tonnage of Shipping, being read a third time, and having past both Houses to be enacted, were consented to by the L' Govern'^ and by him signed accordingly. Adj'' till tomorrow morning, 9 of the clock. [p. 88.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsm", by adj', on Saturday, the 30"' of May, 1702. Present, The Hon^"' W™ Partridge, Esq., L* Govern'", John Hinkes, ) -^ Peter Coffin, ) ^^ Nath. Fryer, \ ^^^^^- W™ Vaughan, j ^^^^^• Richard Waldron, Esq. John Cross appearing at this Board and acquainting their 1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 159 Hoii''^ he hath arrears due to him as a soldier at the fort W'" and Mary, for service done some time before the IT"' of May, 1701 ; and having examined his debenters, and what money hath been paid him before said 17"* of May, 1701, find there is due to him from the Province, 6"'=" 9* more than the Capt. of the fort rec'd for him ; which, when paid, is in full of said Cross his wages to the said 17* of May, 1701, excepting 4"', which is supposed to be in Mr. Penhallow's hands. Ordered, that the Treasurer pay the same out of the first money that shall be raised by the Province for payment of such debts, and that an order go from the Secretary ac- cordingly. Mr. Theophilus Dudly brought up a vote from the House of Representatives to this Board, in heec Verba : Voted, that Mr. Charles Story, for his late extraordinary service done the Province, be paid six pounds by the Treas- urer out of the first income of the River. Past by the Assembly. Henry Dow, Clerk pro temjjore. Read at this Board and ordered that the Treasurer pay the same accordingly. [p. 89.] Mr. Theophilus Dudly brought up a vote, ditto: Whereas, Mr. Leverett and Mr. Dudly were sent for by the Assembly to be helpful in the Province concerns, and they being satisfied ten pounds each, as a gratification for their pains by the Treasurer, Voted, that the Treasurer be reimbursed the said twenty pounds, out of the next assessment made in y* Province. Past by the Assembly. Henry Dow, Clerk j^ro tempore. Read at this Board and approved of. Mr. Nath' Hill brought up a vote, ditto : Voted, that Capt. Mark Hunkin be desired to accompany Major W™ Vaughan to Boston, and that the charge be 160 PROVINCE OF NEW-HAMPSHIRE. [1702. defrayed by the Public Treasurer, out of tlie next assessm*. Past by the Assembly. Henry Dow, Clerk pro tejnjjore. Read at this Board and approved of. Theodore Atkinson, Esq., his debenter amo. to 5"'^ 1^ 00'', being read at this Board was allowed and approved of. Ordered to be paid out of the next Province Rate. Patience Atkins' Debenter being read at this Board, Am'' to 5^''% was allowed and approved of. Ordered that the Secretary make out an order to the Treasurer to pay the same. Mr. Theophilus Dudly brought up a vote from the House of Representatives to this Board, in ha3C verba : Voted, that what ever Major Vaughan shall have occa- sion for as Agent, besides oOO""'' formerly granted to nego- tiate the affairs of this Province, before his Maj'ty in England, that an Act be past for raising of 200"'^ more, in case he should have occasion for it. Read at this Board and approved of. Past by the Assembly. Henry Dow, Clerk pro tempore. [p. 90.] Mr. Charles Story, Secretary, was sent as a mes- suage to the House of Representatives, in order to call said House to have a Conference with this Board. Mr. Theophilus Dudly brought up a vote from the House of Representatives, in ha3C verba : Whereas Major W™ Vaughan, Recorder of this Province, is going for England, and no person yet appointed for to receive said Records, and they being put into his hands by Act of General Assembly, Voted, that Mr. Samuel Penhallow be Recorder, and to Act therein as the Law direct, and that the said Major Vaughan deliver all the Records in his custody to the said Sam' Penhallow. Past by the House of Representatives. Henry Dow, Clerk pro tempore. 1702.] JOURNAL OP COUNCIL AND ASSEMBLY, 161 Allowed and approved of by the Council. Whereas Major W™Vaughan, Recorder of this Province, is employed in a "^oyage for England on the Publick service of the Province, Voted, that the said Yaughan do forthwith deliver iinto Mr. Samuel PenhalJ^w, all the Records of this Province now in his hands, both Books and files, and that the said Penhallow do execute the office of Recorder until the said Vaughan's arrival again into this Province ; And then the said Sam^ Penhallow to redeliver the said Records into the hands of the said W™. Yaughan ; and now to give the said Yaughan a receipt for the same accordingly. Past by the L' Govern'' and Council. Charles Story, Secretary, By the Assembly, Theodore Attkinson, Clerk, Mr, Charles Story, Secretary, was sent by this Board to the House of Representatives, to lay before them an esti- mate of the Provincial Debts, which accordingly was done. Copy of said estimate on file. Adj^^ till Tuesday, the ^0'^ of June next. [p. 91,] Province of New Hampshire, At a Council and Gen'^ Assembly held at Portsm° on Tuesday, the 30"' June, 1702. Present, The Hon"^^ W" Partridge, Esq., L* Govern^ John Hinkes, Esq., Nath. Fryer, Esq., Peter Coffin, Esq. There not being a full Council the L* Govern"" adj'^ this. Board till tomorrow morning, 9 of the clock. 11 162 PROVINCE OF NEW-HAMPSHIRE. [1702. Province of New Hampshire. At a Council and Gen" Assembly held at Portsm" on Wednesday, the first day of July, 1702. Present, The Hon""^ W^ Partridge, E^., L* Govern'-, John Hinkes, ^ Nath. Fryer, V Esqrs. Robert Ellott, ) ^.^ ,g Peter Coffin, ) Eichard Waldron, j ^ An Information was sent up to this Board from the House of Representatives, in these words, viz : Information being given by Sam' Penhallow, Esq., Treas- urer, to this House of Representatives, of several sorts of lumber in his own, and in several of the constables' hands, rec' for the last province Rate, which is now such a Dead commodity that it will not fetch such price as was con- cluded they would : Our advice, therefore, to the said Sam- uel Penhallow is, that he use the best of his skill in dis- posing of what lumber is in his own and said constables' hands, to the best advantage and benefit of the Province ; Rendering a just and true account of what shall be by him done on that account. Information upon file. By order, Henry Dow, Clerk pro tempore. Bead at the Council Board, allowed and approved of. Chas. Story, Secretary. The House of Representatives sent up the following account a])out the Indians, in these words, viz : The Representatives l)eing informed that many Indians, especially in the town of Portsm", have of late resorted thither, and take such measures in going to and fro, and viewing almost every House and place, and not only so but have been seen by the watch near midnight walking the way from the creek to the Bank, saying they walk to take the air : These and other of their actions all over the town , hath and doth much amuse the people (what the end may 1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 163 be), do therefore in behalf of said town and all the Prov- ince, otfer to your Hon""^ consideration these things, hoping that care may be taken about said Indians, for the safety of her Maj'ty's subjects in this Province, and that such orders may by your Hon'"^ be given to the Commission Officers in the Province for those ends, as shall be by you thought most fit. By order, Henry Dow, Clerk pro tempore. Read at the Council Board, and ordered that care be taken accordingly. Chas. Story, Secretary. Vote sent up from ditto, viz : AYhereas his Excellency the Hon'''"" Joseph Dudley, is daily expected to take upon him the Government of this Province, and the Hon'^'*^ W'" Partridge being desired to entertain him at his house : Voted, That the said W"^ Partridge, Esq., be paid out of the publick Treasury, for what charge or expense he may be at in entertaining him. Theodore Attkinson, Clerk. Read at the Council Board, allowed and approved of. Chas. Story, Secretary. Adj*^ till the first Tuesday in August next. J/ciivs of the Province of JVeiv-JIamjyshire, from 1692 to 1702.' PASSED UNDER THE ADMINISTKATION OF Lieut.-Govenior John Usher, Lieut. -Governor William Partridge, Governor Samuel Allen, Governor The Earle op Bellomont (1), [note b\' the editor.] Thi-ee several MS. copies of these Laws are found in the office of the Secre- tary of State, but somewhat differently arranged. The copy which follows, by the Editor, is for the most part a transcript of the oldest, or what appears to be the uriginal copy, but revised and arranged agreeably to a copy made by the late John Farmer, Escp, and certified by Hon. Thomas Treadwell, former Secretary of State. These Laws, with the exception of a few wliich will be duly no led, have never before .been printed. For the sake of reference they are uuuibered. Province of Kew Hampshire. • Att a General! Assembly held at Portsmouth, in y® Province aforesaide, on y^ first Tuesday in October, 1692. No. 1. An Act for ye Suporte of ye Government, Repairing for- tijicatijns, strenything- the frontiers, cfc. Wee their Majesties moste Loyall cfc dutifull subjects, Representatives of this their Majesties Province, convened in general assembly, being sensible of the greate charge & expenses w"'' have allready arrisen & must nessesarily bee dayly growing and Increasing, in defending & securing of (1) The four last of the following Laws were passed subsequent to tlie death of Gov. Bellomont, under the admiuistratiou of Lt. Gov. Partridge. PROVINCE LAWS. 165 their Majesties' subjects & interest, and in prosecutino- y^ war against there French & Indian enemies, have cheerfully & unanimously given & granted, & doe hereby give & grante unto there Most Excellent Maj'"''^ their heres & suc- cessors, to y® end & Intent afores'^, o Landed and [lut on shore upon such Keyes and Wharfes and plases as shall be appointed, as aforesaid, and at or in no other Port, place or time whatsoever, without a permit fi-om the Treasurer or Officer appointed, under the penalty of the for- feiture of all such wines and Liquors as shall he Landed and Delivered from on board any ship or vessell Contrary here unto, — one third to their Majes*% one third to t)ie Gov- ernor or Lieut. Governor, the other third part to them or him that shall sue or Informe for the' same as abovc>aid. And be it further Enacted by the Authority afoi'esaid,that for all goods, wares and merchandizes whatsoever, that shall be Imported into this Province over the Seas after tbe said 29*'' of October, 1692, (fish, sheep, wove cotton, wool and salt, and all sorts of provision only excepted) there shall be paid by the Importer or him or them to whom con- signed, the several Imposts and duties following. — that is to say, for every twenty shillings value shall bo ];aid one penny in money, the valluation there of to be as followeth : 170 PEOVINCE OF NEW-HAMPSHIRE. that is to say, for every hundred pounds vahie at the place from whence such goods shall come to be accounted here at one Inuidred and Ten. pounds, and so in proportion for Greater or Lesser Quantities ; and for every hog"'"^ of Mo- lasses four pence, and for every hog*'''^ of sugar eight pence ; and to the end the said duties last mentioned be duly paid and Collected, — Be it further enacted by the Authority aforesaid, that such goods and Merchandize Imported as aforesaid into this province, sliall by the master or purser of said ship or vessel as they are Imported in, or the Merchant, factors, or other person or persons Importers, being owners or having any of the Goods, Wares or Merchandizes Consigned to them, that by this Act are Liable to pay Impost or duty, such person or persons shall by themselves or Order, cause the said goods to be entered with and give the true and just value thereof, and true and perfect Invoyce unto the Treasurer or other Officer appointed for that purpose, and pay their duty, or secure to be paid, the same as by this Act is Provided, before such goods. Wares or Merchandize be landed or put into any boat or vessell in order to be Landed, on the forfeiture of Twenty Shillings Per Ton, according to the Burthen of the ship or vessell such Goods or Merchan- dizes are Imported in, — one Third to their Majes'% one third part to the Governor or Commander in Chiefe for the time being, and one third part to him or them that shall sue or inform for the same; and the saidTreasurer or Other Officer to be appointed as aforesaid are hereby Required Carefully and truly to Enter all such goods. Wares and Merchandizes with their several markes, Caske, Packes, fardells, Trusses, Chests, Truncks and all other things howsoever called or distinguislied, with the name of the persons who owneth or to whonie the Goods are sent or consigned ; and the Treas- urer or other Officers are hereby Required to Demand and Receive the severall Duties, Imposts, in this Act before mentioned, and in case of the Deniall or delay of payment thereof as aforesaid, the said Treasurer or other Officers are hereby Iinpowered to levy the same by distress and sale of the Goods and Merchandize not paying the Duties as afore- said, at the Rates and jirice in the Invoyce thereof men- tioned and to have and Receive Twelve pence in the pound over and above said duties and Imposts, for his or their time of labor therein. PROVINCE LAWS. 171 And it is Likewise further enacted and ordained ]iy the Authority aforesaid, that every ship or Vessell above Thirty Tons coming into any port or part of this province from over the Sea to Trade or Traffick, all or the Major part of the Owners whereof are not Actually Inha1)itants of this Province, shall, every voyage they make, pay eighteen pence in money per Ton, or one pound of powder for the supply of their Majest' forts and fortifications within this province, to be Rec'' by the Treasurer or such other person or jjcrsons as shall be appointed to Receive the same : and it is farther Enacted by the Authority aforesaid, that every Merchant or other person Importing any wines or other Liquors into this province shall be allowed Twelve pr. cent for Leakage, pro- vided the said wines or other Liquors have not been filled up on l)()ard, and that every hog"'"' of wine or Liquors that shall not have full seven Inches Left therein, and every Butt or Pipe of wine or other Liquors that shall not have nine inches Left therein, shall be accounted for outs, and the Merchants or Importers to pay no Impost or Duty for the same, any thing here in contained to the contrary notwith- standing. And it is further Enacted and Declared by the Authority aforesaid, that if all or any of the wines or Li(|uors as aforesaid be Landed and afterward be Exported out of this province within three months after the Importation thereof, there shall be Rep^' & discounted by the Treasurer or other Officer appointed to Receive the said Impost, unto the Im- porters or their Assignees, Two Third parts of what they paid or secured to be paid for so inuch as he or they shall Export ; — he or they making Oath to the said Officer or Officers, who are here by Impowered to Administer the same, that it is the same wine or Liquors for which the wliole duties hath been paid or secured to be paid, and that it is Exported within the time Limitted as aforesaid by this Act, Excepting only such wines & Liquors as shall be Transported Into the Province of Maine out of this province, for which no such Impost shall he drawne back or Received as aforesaid, any thing here in contained to the Contrary thereof in any wise notwithstanding. And it is further hereby likewise Enacted and Ordained by the Authority aforesaid, that there shall be given and granted to their said Majestys, their heirs & successors, foj- 172 PROVINCE OF NEW-HAMPSHIRE. the use aforesaid, Excise on all Wines and Brandy, Rum & other distilled Liquors, Cyder, ale & Bear, which shall be sould Ijy Retaile in any Towne or place Avitliin this province by those that Retaile, the same in manner and forme as is here after expressed & Declared : That is to say, for every Butt or pipe of wine fifty shillings ; for every hogsi^^' of Cyder, Ale or Bear, Two shillings and six pence ; all curr* money of this Province, and after the Rate for any Greater or smaller Quantities : And for the due & Orderly collect- ing and Receiving of excise aforesaid, • It is further enacted by the Authority aforesaid that all Retainers of Rum, Brandy, Sider, Bear, Ale, within this Province, shall upon their purchase or Resale of all or any of the Liipiors Before Expressed, make entry thereof with the Treasurer or other Officer appointed to Collect or Re- ceive the same, and pay the duties of excise aforesaid un- der penalty of forfeiture of all such Liquors as shall be found in any Retainer's house, not being duly entered and the excise thereof paid as aforesaid ; Provided also, itsliall and may be LawfuU to and for the Treasurer or such other Officer appointed to collect and Receive the said excise, to agree with any Retaillei-s for his excise for one whole ycare in one entire sum to be paid Quarterly or otherwise, as he or they can agree for, without making any entrie as afore- said. Provided always : — And be it further Enacted by the Authority aforesaid, that no person or persons who soever shall sell any wines. Brandy, Rum, distilled water. Cyder, Bear, ale, or other Liquors by Retaille without License first had and obtained from one or more Justices of the Peace, which shall be held good and vallid till the next quarterly session within this Province ; neither shall it or may it be LawfuU for any per- sons whatsoever to sell less Quantities of any strong water than two gallons, or of wine than one Quarter-Caske, at one time without first obtaining a License for the same un- der tlic penalty of five pounds for each default thereof, con- victed by the oath of two or more substantial! wittnesses, all which" penalties and forfeitures shall be one halfe there- of to their Majest% their heirs and successors, for the sup- port of tlie government, and the other halfe to informer who shall sue for the same, and shall be Recovered by Bill, plaint or Information in any Court of Record within this province. PROVINCE LAWS. 1 ( 6 And it is hereby Enacted and declared by the Author- ity aforesaid, that this present Act, entitled an Act for the Establishing a Revenue for the defraying' of the l'i!!)liG charge of the Province, shall Remain andcontinnc in force for the terme of one whole year and no Longer; any thing herein Before contained to the contrary thei-eof in ony vrise notwithstanding. JoijN Usher, Lieut. Govern'',, Richard Martin, KS[)eak'. Henry Penny, Sec^ No. 4. An Actefor the Due Regidation of Waites and measures. To y® endy' waites and measures maye be one and y® same throughoute this province', be it enacted by y'' Lieut. Governor & Connsill, together with y^' General Assembly, & it is hereby enacted and ordained .by y® authority of the same y"^ y" treasurer of this province shall provide one set of waites & measures as are according to the approved Winchester measure, allowed in England in y** Exchequer, w'^'' shall be y'- publike allowed standard throughoute this province for y" proving and sealing all waites & measures thereby ; & y" Constables of every town w^*" in this province not already supplied, shall w"' in three months next comming provide, upon y*^ towne charge, one bushell, one half bush- ell, one peck, one halfe peck, one ale quarte, one wine pint & halfe pointe, one ell yard, one sett of brass waites to foure pounds after sixteene Onuses to y*" pound, w''' fitt scales and steale beame tried & proved by the aforesaid standard & sealed by y*" treasurer or his Deputy in his pres- ents, w'^'' shall be kept & used only for standards in y'' sev- erall townes, who is hereby authorized to doe y*^ same, for w*"' he shall Res've from y*' constable of eatch towne two pence for every weight & measure soe tryed, proved and sealed ; & y*" Constable of every towne shall commit these weights & measures unto the Custody of the select men of their towne for the time being, who w^ the Constable are hereby Injoyned to choise one aljle man for sealers of all waites and measures for there one [own] towne, from time to time, untill another be chosen who shall be presented mito the next Courte or some Justice of tlie pease, there to be sworne to y® faitlifull discharge of his dewty, and shall have power to send forth his warrants by y^ Constables to 174 PROVINCE OP NEW-HAMPSHIRE. all the Liliabitants of catch towne to bring in all such waites & measures as they make any use of, in y'' month of Aprill, frorae yeare to yeare, at sucli time and places as he shall appointe, and make returne to the sealer in writing, of all persons so summoned, y*^ then and there all sutch waites and measures maye be* proved & sealed w**" y*^ towne seale, w''^' is likewise to be provided by the Constable, towne's charge, who shall have for every waite & measure soe sealed one penny from the owners thereof, at y*^ first sealing, & all sutch waites & measures as cannot be brought to there head standard hee shall deface & distroye,and after the first seal- ing shall have nothing for soe long as they continue juste with the Standard : And it is enacted that if any Constable, Selectmen or Sealer Doe not Dare execute this Law, soe far as to each and every of theme appertaines, they and each of them shall forfit for every negiecte the space of one month, y® some of forty shills., y*^ one halfe" to y*^ Informer, y'' other halfe to j" Pore of y'' towne where such Defaulte is found ; and every person neglecting to bring in there waites and measures at the time and place appoynted, being Duly warned thereto, shall likewise forfeit three shills. four pence, y*^ one halfe thereof to use of the pore aforesaid, the other halfe to y^ sealer ; and the penalties herein men- tioned to be Levied by distress by warrants from any Jus- tice of the peace. And it is further enacted that every seaporte Towne w*''in this province, the Constable or Constables are to pro- vide Liquesie upon the towne charge, one hundred weight made of iron to be tryed, proved & sealed as aforesaid, & one halfe hundred & one quarter of one hundred, & one fourteen Pound weight made of Iron, to be proved & sealed as aforesaid, & to be kept as Standards in y° s'^ severall Townes to be used as before for other waites & measures as is directed. And it is further enacted that all stillyards y' are or shall be approved of by the Standard shall be allowed of in any or all y*" townes in saide" province & in the Liberty of boath byer and seller to waigh by which they please. John Usher, Leftinante Governour, Richard Martin, Speaker Henry Penny, Deputy Secretary. PROVINCE LAWS. 175 No. 5. Ail Act for Alloivance made to the Representatives. a Whereas, the several Representatives of the Assembly w cannot officiate and discharge that Hono*'''^'' and Great '^ Truste Reposed in them without being at great charges g and. expence ; ^ Be it Enacted by the Lieut. Governor, Council and § Representatives Convened in Generall Assembly, P-i And it is hereby Enacted and ordained by the author- ity of the same, that the allowance to Each Representatives of the people shall be Three Shillings p. Diem, commenced from the Coming out untill their Returne home, allowing one day for coming out and one day for their Returne home, to be paid out of the Rates made in the Severall Townes in the province for defraying Towne charges. John Usher, Lieut. Gov% Richard Martyn, Speak. Henry Penny, Dep* Sec''. Past by the Assembly. Elias Stileman, p. ord''. No. 6. An Act against Shipping of Horses ivithout Entring. Be it Enacted, by the Lieut. Governor, Councill and Representatives convened in Generall Assembly, And it is hereby Enacted and ordained by the Authority of the same, Tliat from and after the Twenty ninth of this Inst. October, no masf or Command'' of any Ships or ves- sell shall Receive on Board his Ship or vessell in this prov- ince of New Hampshire, any horse. Gilding or Maire but such as shall be entred into a Booke with the Couller, per- tickular Markes, & age as near as may be knowne, and person from whome such was Last bought and proofe by wittness he was the true owner thereof, to be kept in a booke by an officer appointed thereunto, which officer is herel)y authorized to view all such as shall be shipt ; and for every horse, maire or Gilding so entered, there shall be paid to the said officer by the Owner of said horse, the _ sum of six pence ; Each and every Commander or mas- ter of any vessell who shall take on Board any other horse, maire or Gilding, except such as he shall Receive a noat under the hand of the said officer so to be Entered as 176 PROVINCE OF NEW HAMPSHIRE. aforesaid, shall forfitt the sum of four pounds, to be dis- posed one halfe to the Informer the other halfe to their Majest^ for the use of the province. John Usher, Lieut. Governor, Richard Martyn, Speaker. No. 7. An Acte againste Laiv Sutes above twenty pounds. Be it enacted, &c.,* whereas their Majesties' subjects In- habiting this Province have for a long time, w"' the ex- pence of lives & Estates stood upon there own defence against Majestyes' french & Indian enemies to there greate Impoverislmient and almost utter undoeing, & have no prospect for y'' future of defending there Majesties' Interest here w"' oute greatest expence & hazard, soe y' w*^'out outemost incoragment of being preserved from disturbans in there Rights & prosperities will be induced at laste to quitt all to there Majestyes' enemies ; for prevention whereof, Be it enacted, that no Royall action or writ of ejectment for y® posesion or title of any Lands, nor any personal action or sute where the value sewed for exceed the som of twenty pounds, he prosecuted by any person or persons in any Courte w"'in this province for the time & space of two yeares following from & after y'^ twenty ninth day of Octo- ber, 1692, and soe long after as this war shall Continue ; but that this act shall be a bar thereto, & all persons shall & are hereby preserved & continued in there Rights, pros- perities k possessions, and hooesoever shall trespas upon the same shall paye the damage accuring thereby. John Usher, Leftinante Governour, Richard Martin, Speaker. Henery Penny, Deputy Secretary. No. 8. An Act for the regulating of Cattle, Cornfields and Fences. Bee it enacted, &c., that in all common fields under im- provement, every party interested shall from time to time make good his part of fence, and the owner or owners of the Major parte of such fields shall order and limit the proportion of Cattle that shall l)e put to feed thereon, an- * The usual formula, "by the Lieut. Governor, Council," &c., is hereafter omitted. PROVINCE LAWS. 177 nually, the time when, and manner of Improvement thereof, which is to be observed by all persons Interrested therein, on paine to answer all damage that shall come thereby ; and where land have formerly been Improved in Common, any one owner of such lands be minded to improve his parte in several, if there be no agreement binding to the contrary, the owner of the land lext adjoining him shall bare the one halfe of the Charge of the fence againste him who shall improve iji severall ; but where lands lye in Common unfenced, if an owner shall improve his parte by fencing in severall, and the other shall not, lice who shall so im- prove shall secure his lands against other men's Cattle, and shall not Compell him that joyneth upon him to make any fence witii him, except he also shall improve in severall as the other doth ; & where one man shall Improve before his Neihbor & so make the whole fence, if, after, his s'' neih- bor shall also Improve, he shall then satisfye for halfe the other's fence against him, according to y" present valeu & shall maintaine y*^ Same, & if y*^ first Improver shall after lay open his s*^ field, then the s'' neihbor shall enjoye his s,^ halfe fence to his own use, purchased as afores'\ & shall also have liberty to bye the other halfe fence, paying accord- ing to present valuation to 'be made by two men indiffer- ently chosen by either party: And it is further enacted, by the authority aforcs'\ that the Selectmen or Towne men shall, from year to year, appoint two or more in each Towne (if need Required), and to take all due notice of the reall defects & Insufficiency thereof, who shall forth with acquaint the own''' thereof with the same ; and if the said owners do not within six days time, or otherAvise as the viewers shall appoint, sufficiently Repaire their said defective fence, then the said viewers shall forthwith Re- paire or Renew them, and shall have double recompence for all their cost, labour and care, to be paid by the owner of such insufficient fence or fences ; and shall, by warrant from any Justice of the peace levy the same, either upon the Corne or other goods of the delinquent ; and the said fence viewers shall twice every year view fences, and such as they returne sufficient shall be accounted good for three months after, unless proofe be made that it is Impaired ; and such fence as is accounted sufficient against other Cat- tle shall also be accounted good against sheep and swine ; and the owners to be Liable to satisfie damage done by 12 178 PROVINCE OF NEW HAMPSHIRE. them : And it is further enacted, That all unruly horses or other unruly Cattle, having been so judged by the select- men, shall be liable to pay double damage. It is also enact- ed, by the authority aforesaid. That there be one sufficient Poutid or more made and maintained in every Towne within this Province, for the Impounding Swine or Cattle found damage feasant. John Usher, Lent. Govern^, Richard Martyn, Speaker. Henry Penny, Dep. Sec^. No. 9. An Act for Settling the Militia. Whereas the present State and Condition of the Province doth of necessity Require that the Inhabitants thereof should be well Armed and Trained up in art Military, as well for the Honour and Service of their most excellent Majestys, as for the preservation of their owne Lives and fortunes : Be it therefore Enacted, &c., That no male person what- soever, from the age of sixteen year old and upward, Remaine unlisted by themselves or Masters, Mistriss or Imployers under the Captain of their Respective places of their abode, the space of one Callender month after their arrivail on coming to reside or sojourn in any place within this province, on penalty of twenty shillings, and so for every month such person or persons shall Remain un- listed ; and that every soldier shall be provided with a well ilxed gun or fussee, Sword or Hatchett, Snapsack, Courtouchbox, home, charger and flints, w"' six charges of powder, and so shall appear when and where appointed, upon penalty of five shillings for his default in not appear- ing, and three shillings for want of any of the aforesaid Gun, amies or ammunition above mentioned, so as the whole ])enalty at one time exceed not for one person ten shillings ; and that every souldicr shall have at his hal)itation and a!)oade one pound of good powder and Twenty sizable Bullets, oa penalty of ten shillings for each default, and that each person shall bring the same into the field when Commanded on the like penalty of ten shillings, so as the whole jienalty for one person at one time exceed not fifteen shillings. And it is further enacted by the Authority aforesaid, that PROVINCE LAWS. 179 it shall and may be Lawfull for any person or persons that by Reason of urgent Occasion or other Emergencie cannot appear npon the Guard or watches, to put a well armed man in tlieir Roome, who if approved of by the Captainc of the Guard shall excuse his or their absence ; and all persons Listed as aforesaid under their Respective Captaine in the several places of their abode, shall redeyly attend and serve on watches and wards when appointed, under the penalty of three shillings for each default; and In case any person be not able to provide himself amies and ammuni- tion as aforesaid, through poverty, if he be single he shall be put to service by any Justice of the Peace within this Province, to procure him estate to purchase such amies and ammunition as aforesaid, and that his or their master or mistriss shall find and provide armes and ammunition du- ring his service. Aud it is also further Enacted by the authority aforesaid, that no person whatsoever presume to fire any small arms after eight of the clock at night, unless in case of alarm, Insurrection or other Lawfull occasion, and in either of y° said cases Three musketts or small armes distinldy fired, or where Great Guns are the firing of one great Gun k Two musketts or small armes distiukly, & Beat of drum, shall be taken for an alarm ; & that every person that shall neglect his duty in taking and giving (as aforesaid) an alarm by firing, as aforesaid, shall be fined forty shillings, and in case of such an alarm every soldier is imediately to repaire armed to his Coullers or Court of Guard upon the penalty of five pounds. And it is hereby likewise further enacted by the author- ity aforesaid, that the commission officers in each Respec- tive Towne within this province shall be a committee of Militia for ordering the military affairs of the Towne, for the settlement of Gerrisons and appointing the several Inhabitants there to their Respective places and Garrisons, and Ordering, watching, warding and scouting, prohibiting firing of guns by day as they shall see occasion ; and the several Inhabitants are hereby Required to yield due obe- dience to the orders of the said Committee on penalty of fine not exceeding Twenty shillings, or Riding the wooden horse, or other Millitary Corporall [mnishment to be inflicted upon tlic offenders at the discreasion of the Committee. And it is further enacted and declared by the authority 180 PROVINCE OF NEW-HAMPSHIRE. aforesaid, that all fines & forfeitures mentioned in this act and not otherwise to be disposed of shall be Leveyed by dis- tress and sale of the offender's goods, by the Captain's War- rant for that purpose, to be granted to the Clarke of such company, to be Improved and Laid out for the use of the Company to defray the publick charge thereof. And it is further Enacted by the authority aforesaid, that all Captaines and other Commission officers are hereby re- quired to yield reddey and due obedience to all orders and warrants they shall from time to time Receive from the Governor, Lieut. Governor or Commander in Chiefe for the time being, or Major of the Regiment, on penalty of five pounds for every neglect or default, to be Leveyed by dis- tress and sale of the offender's Goods by warrants from the Major to the Sheriff of the province, one half thereof to be to the use of o"^ Sover'^ Lord & Lady King William & Queen Mary, their heirs and Successors, and the other half to him or them that shall inform for the same. And it is further Enacted and ordained by the Authority aforesaid, that no person so Listed as aforesaid during this present warr shall depart thence without a discharge from the committee of the Town first had where such a person is an Inhabitant of and obtained, or in case of their deniall, from the Governor or Cormnander in Chief for the time being, on penalty of Twenty pounds to be Leveyed by dis- tress & sale of the offender's Goods by warrant from any two Justices of peace within this province to the sherriff, who shall be Impowered to grant forth such Warrants upon Complaint to them made for that purpose, and to adminis- ter an .oath if occasion Require, which said fine of Twenty pounds, when Leveyed as aforesaid, shall be Improved to the use of the Towne from whom such person shall so de- parte as aforesaid, at the discretion of the Justice. And it is further Enacted & declared by the authority aforesaid, that all drummers now in service, and that here- after shall by the several Captains be put into that service during the Capts. pleasure, shall be allowed and Receive Twenty shillings pr. Annum if they finde their own drums, or tenn shillings pr. annum if the Capts. find their drums ; and that no person y' now is Listed in any company, or hereafter shall be so Listed and appointed to that service, shall Refuse the same upon penalty of Twenty shillings to be Leveyed by distress and sale of the offender's Goods by PEOVINCE LAWS. 181 the Captaine of such Company, to be disposed of for de- fraying the publick charge thereof; and in case such Capt, shall find a drum for the use of the company he shall de- duct the price thereof out of the fines. And it is hereby Enacted and ordahied by the authority aforesaid, that all and every person & persons that here- after shall be detached or Imprest out of any of the Com- panyes with in this province for their majest^ service by their superior officer, or by warrant from the Governor or Commander in Chief for the time being, or the Maj. of the Regiment, shall "appear and attend such service at the time and place to be appointed on penalty of four pounds, to be Leveyed as aforesaid and dis[)Osed of to the use and Incouragement of such as shall goe in the service above mentioned ; and if the refusal of such person or persons offending be accompanied with contempt, such person or persons shall be Punished with death or some other greiv- ous punishment, as the matter may Require, at the discre- tion of a Court martiall ; and for y'^ better releife and de- fence of any of the Townes & Garrisons with in this prov- ince that shall be attacked by the enemic. It is hereby Enacted by the authority aforesaid, that each Capt. within this Province are here])y authorized and commanded to List or detach so many of his men not ex- ceeding one third of his company — Provided always that there be not Less than five men Left in each Garrison — which men so Listed or detached shall be reddcy upon the first advise of the enemie's attackc of any Towne or Gar- rison, by order of the chief officer of the Towne, forth with to march, under such Conduct the said chief officer of the Towne shall appoint, to the Reliefe of any Towne or Gar- rison soe attacked, and not to waite any further orders of any Superior Authority for their march, Least the time of doeing service should be elapsed ; and in case any person or persons so listed or detached as aforesaid shall refuse or neglect, upon notice given, such March or attenddance upon such service, shall pay a fine not exceeding forty shillings, to be disposed of as Last above mentioned, or be punished with such corporal millitary punishment, at the discretion of the Capt. or chief officer of the towne : and for prevention of advantages or encouragement to y® enemie during this present Warr, 182 PROVINCE OF NEW-HAMPSHIRE. It is hereby enacted and ordained by the authority afore- said, that no Indian corn be stored or left at any Remote nngarrisoned houses or places, but all brought within com- mand of some garrison or garrisons, on penalty of paying five shillings a day by the owner of the said corn, for every day such corn shall so remain stored or left at any remote ungarrisoned house or place, after the notice thereof given to such owners by one of the Committee of Militia of the Towne whereto such owners doth or may be long, such penalty to be Leveyed by distress & sale of the olTonder's goods, by warrant from the committee of millitia to Itc dis- posed of by them for the use of the Garrison such offend- ers shall belong unto. And be it further enacted by the authority aforesaid, that in case of the enemie's attack of o"^ neighbours In the county of Yorke in the province of the Massachusetts Bay, It shall and may be in the power of the present Lieut. Governer, with the advise and consent of the Councill, to Raise and detach men in the most Convenient part of this province, and to order their j\Iarch unto the said county of Yorke for the Reliefe and assistance of their Majesty's sub- jects there: Provided always, ;^j^ And it is hereby further enacted and declared !>y the authority aforesaid, that nothing in this act contained shall be expounded, construed or understood to deminish, alter or abridge the power of the Governor, Lieut. Governor or Commander in Chiefe for the time being, but that in all things and upon all occasions he or they may act as fully and freely as any Governor, Lieut. Governor or Com- mander in Chiefe ought or might do, to all Intents and purposes as if this act had never ben made ; any thing in this act contained to the Contrary not with standing : Pro- vided, And it is hereliy enacted and declared by the authority aforesaid, that all the members of their majest^ Council, Justices of the peace, sheriffs, ministers, Treasurer of their Majest^ Revenue, Collecf or dept. Collector, Serchcr or Surveighors of their majestys Customs, School masters and Chyrurgeons shall be freed from being listed in any Com- pany within this province and from all watching and ward- PROVINCE LAWS. 183 ing or other military duty, any thing therein before con- tained to the Contrary in any wise notwithstanding. John Ushrr, Lieut. Governor, Richard Martyn, Speaker. Henry Penny, Dep* Sec^ No. 10. An Act for the EstahUsldng of- Courts of Judicature for the use and Benefit of their Majestys Subjects ivithin this Province. Whereas the Orderly Regulation and Estal)lisliment of Courts of Judica- ture Throughout this Province, as well in Respect of time as place, Doth tend very much to the Honor and dignity of The Crowne as to the Care and Benefitt of the subjects : Be it Enacted by the Lieut. Governor, Council and Rep- resentatives Convened in Generall Assembly, And it is hereby Enacted and ordained by the Authority of the same, That every Justice of the Peace that Resides within any Town within this Province are here by fully Impowered and Authorized to have cognizance of all causes, cases of debt and Trespasses to the value of forty shillings or under, which causes and cases shall be heard, tryed and finally determined Avithout a Jury by every Justice of the peace that Resides within any Town within this Province where the cause of Action doth arise ; the presses of warning shall be a summons under y'' hand of the Justice, directed to the Constalde of the Towne or precincts, or any deputed by him, where the party complained against doth Live, which summons being personally served or left at the de- fendant's house. Two days before the day of hearing of the plaint, shall be sufficient Authority to and for said Justice as aforesaid, to proceed on such cause or cases and deter- mine the same in the defendant's absence ; and to grant Execution thereon against the defendant's person, or for want thereof his estate, which the said Constable of the Towne or Precincts, or his Deputy, shall or may serve : — Provided always, And Be it further Enacted, by the Authority aforesaid, that if the plaintiff or defendant shall desire a Jury, it shall 18-1 PROVINCE OF NEW-HAMPSHIRE. be allowed, But at the proper coste & charges of the per- son desiring the same : And for the Increse of virtue and the discouraging of evill doers throughout this Province, Be it further Enacted by the Authority aforesaid, That there shall be held and kept yearly and every year four Quarterly courts of Sessions of the peace within this Prov- ince, at the dayes & times here after named and expressed, that is to say, on y'' first Tuesday in March, June, Septem- ber & December At Portsm", which courts of sessions of the peace shall continue for the space and time of Two dayes and no Longer ; and for the more Regular and Ben- ficiall distribution of Justice to the Inhabitants of this Province, Be it further Enacted by the Authority aforesaid, That there be kept and held a court of common pleas within this province at the time and place hereafter named & expressed, that is to say at such place as the Court of sessions are to be kept, and to begin the next day after the sessions termi- nate, and only held and continued for the space and time of three dayes and no Longer, and that there be one Judge and three Justices appointed and commissionated to hold the same Court of please, three whereof to be Quorum, and that the severall and Respective Courts hereby estab- lished Shall have Jurisdiction to hear, try and finally de- termine all actions and causes of actions, and all matters and things and causes Tryable at the Common Law, of what kind or nature soever, not Exceeding Twenty pounds, and where Titles of Land is not concerned : Provided alwayes, And it is hereby Enacted by the Authority aforesaid. That there shall be an Appeale or Removall by Hal)cas Cor- pus of any person or of any action or suit or of any Judge- ment or Execution that shall be determined in this Court, at the next supream Court of Judicature, to which said Courts of Common pleas there shall belong ; & be appointed and commissionated for that purpose, one Clarke of the Court to draw, enter and keep the Records, declarations, Pleas and Judgments there to be had and made ; & for the more Orderly proceeding in the said courts, all process and writts of what nature soever for tlie command of persons to appear and Execute the Judgements, Executions of the courts aforesaid, shall be directed to the sherriffe of this province and executed by him, his under sheriffe or deputy, PROVINCE LAWS. 185 and all prosess and Writts for actions betwixt party and party in the said court shall issue out of tlie Office of the Clarke of the court signed pr. curiam ; and that theire Maj- esties' Subjects Inhabitting within this Province may have all the Good, proper, and Just waves and means for the securing and Recovering their Just Rights and demands within the same. Be it further Enacted, & it is hereby Enacted and Or- dained by the Authority aforesaid, that there shall be held and kept a Supreamc Court of Judicature which shall be duly and constantly kept at Portsmouth and not Elsewhere, at the severall times here after mentioned, and that there be four Justices at the Least appointed and commissionated to hold the same Courts, Two whereof with the Chiefe Justice to be a Quorum ; which Supream Court are hereby fully Im- powered and Authorized to have cognizance of all pleas civill, criminall and Mixed, as fully & amply to all Intents and purposes whatsoever as the court of king's Bench, Common pleas, and Exclieq"" within their Majesties' king- dom of England have or ought to have, in and to which Supream Court all and every person and persons what- soever shall or may, if they shall so see meat, commence or Remove any actions or suit, or shall or may by warrant, writt of error, or Certiorori, Remove out of the courts of session and common pleas any Judgements, Information, Indictments, there had and depending, and may correct er- rors in Judgement if there be just cause ; — alwayes pro- vided, And be it further Enacted by the Authority aforesaid, that this supreme* court shall be constantly and duly kept and held at Portsmouth aforesaid on the last Tuesday in April and October yearly and every year, Provided also that they shall not sit longer y" six dayes. And Be it further Enacted by the Authority aforesaid, That it shall not be LawfuU for any person or persons what- soever, appointed, Elected or commissionated to be a Justice or Judge of the aforesaid Courts, to Execute or Officiate his or their s^' place or office untill such time as he or they shall Respectively take the Oaths api>ointed by Act of Parliament to be taken Instead of the Oaths of Allegiance & Suprema- cie, and subscribe the test in open court. And Be it further Enacted By the Authority aforesaid, 186 PROVINCE OF NEW-HAMPSHIRE. that all and every the Justices and Judges of the several! courts before mentioned, be and are hereby sufficiently Im- powered to make, order and establish all such Rules and orders for the more orderly practising and proceeding in their said Coui-ts, as fully and Amply to all Intents and purposes what soever, as all or any of the Judges of the said severall courts of King's Bench, Common pleas, Ex- cheq^, in England, Legally do : provided alwayes. And Be it further Enacted by the Authoi'ity aforesaid, That no person's Riglit of property shall be by any of the aforesaid courts determined. Except where matters of fact are either acknowledged by the parties, or Judgement be acknowledged or passeth by the defendant's fault for want of plea or answer, unless the fault be found by the Verdict of Twelve men of the neighborhood, as it ought of Right to be l^y the Law. And it is hereby Enacted by the Authority aforesaid, That there shall be a court of Chancery within tbis jjrovince, which said court shall have power to hear and determine all matters of Equity, and shall be acceded and Esteemed the higb court of Cluxncery of this Province : — And be it further Enacted by the Authority aforesaid, that the Governor and councill be the said high court of Chancery and hold & keep the said court, and y' the Gov- ernor may depute, nominate and appoint in his stead a Chancellor, and be assisted with such others persons of the Council as shall by hini be thought fitt and Convenient, together with all nessesary officers, clerke & Rcgii-ters as to the said high court of Chancery are need full ; — Provided alwayes, Aiul it is hereby further Enacted by the authority afore- said, that any freeholder, Planter, Inhabitant or sojourner within this province, may have Liberty, if he or they see meet, to make his or theire appeal or appeals from any Judgement obtained by him or them against him or them in case of error in the severall Courts aforesaid, in such manner and forme as is hereafter expressed, that is to say, from the Courts of Common pleas to the Sujjream Court for any Judgement not exceeding Twenty pound, & from the Supreaui Court to the Governor and Council for any decree of Judgment above the value of fifty pounds ; and from the Governor and Council to their Majesties in Coun- cil for any decree or Judgement above the value of one PROVINCE LAWS. 187 liimdred Pounds Sterling, as in their maj"''^ Letters Pat- tents to the Governor Doth direct. John Usher, Lieut. Govern'^, Richard Martyn, Speaks Henry Penny, Sec^ No. 11. An Act for Killing of Wolves. Be it enacted, tfec, That whosoever shall at any time hereafter kill or destroy any growne Wolfe in any Town within this Province, he shall be paid and allowed at the publick charge of the said Towne, the sum of twenty shil- lings pr head ; and for a wolfe's whelp half so much ; and that the same be raised by the selectmen in each Respective Towne with other Town charges, and duly paid and satis- fied accordingly. John Usher, Lt. Gover', Richard Martyn, Speak^ No. 12. An Act to prevent the P rophanation of the LorcVs Bay. Be it enacted, '. No. 13. An Addition to a late Act, Entitled An Act to compell Constables to doe their duty in Collecting Rates. Bee it enacted, &c., That where Constables are negligent in collecting and paying in the Rates legally committed to 188 PROVINCE OF NEW-HAMPSHIRE. them, that then the warrant for distraining upon their Es- tates according to former Act shall alsoe be to apprehend and imprison their person, where noe Estate appears, untill they finde Estate to answer the Law : And it is hereby further enacted, by the authority afores'\ That if any per- son or persons neglect or refuse the payment of their res- pective Rates after demand made by the Constable at their house or usual place of abode, and noe Estate appears whereon to take distrcsse, then it shall be in the power of the Constable, by warrant from a Justice of peace, to ap- prehend and Imprison such person until said Rates and all necessary charges thereabout be paid. And in case any person shall remove out of the Towne where he is rated, into any other Towne within this Province, before said rate is paid, then, and in such case, the next Justice of peace shall direct a warrant to the Shcriffe for levying the said rate on the estate, or for want thereof on the person soe removing, wherever he is to be found within this Province. John Usher, Lt. Govern'', Thos. Davis, Sec''. John Gillman, Speaker. No. 14. An Act for raising of money for snpj^orte of tlie Govern- ment, in repairing Fortifications i^ for re-imhursing of the Treasury. "Wee their Majesties most loyal and dutyfull sul)jects, the Representatives of this their Majesties Province, Convened in Gen" Assembly, being sensible of the great charge & Expense w'^'' hath all ready bin expended, and will be dayly growing and increasing, in Defending & securing the Fron- tier Garrisons both by Sea & Land, againstt their Majesties French and Indian Enemies, have cheerfully Esqrs. Peter Coffin, ) John Plaisted, ) Henry Dow, Esq. Richard Jose, Esq., High Sheriffe of said Province, was sent by his Excellency as a message to the House of Rep. resentatives to acquaint them that his Excellency ordered them to choose a speaker, the late speaker of said House being removed up to this Board, by order of the Queen's Majesty. The Hon^^« W"^ Partridge, Esq., Lieut. Govern'', John Hinks, ] Nathaniel Weare, "j Nath* Fryer, > Esqrs. Samuel Penhallow, > Esqrs. Peter Coffin, ) John Plaisted, ) took the oath of privy Councillors. Mr. Nath^ Hill and W"' Cotton, members of the House of Representatives, brought up to this. Board the election and choice of the speaker, in hsec verba : In obedience to his Excellency's order, Capt. John Pick- ering was chosen speaker of the House of Representatives, by order of the House. Theodore Attkinson, Clerk. The petition of several inhabitants of Hampton was read at this Board, relating to their paying Rates to this Gov- ern* and the Massachusetts, praying relief therein. [p. 98.] Ordered, that a copy of said petition be sent, attested by the Secretary, to the Secretary of Boston, for his Excellency to consider of these ; and in the mean time 230 PROVINCE OF NEW-HAMPSHIRE. [1702, the Constables of Hampton to be wrote to by the Secretary to make no distress upon said inhabitants, his Excellency declaring he will also order the same to be done at Salis- bury when he arrives at Boston, A message was sent down to the House of Representa- tives to order the Speaker to come up with the whole House to this Board, who accordingly came. And his Excellency was pleased to make a speech to them.* A Dedimus Potestatem was granted by his Excellency to John Hinks and Samuel Penhallow, Esqs., in order to give the oaths to Sam' Keais, W™ Cotton and Francis Page, new members of the Assembly, instead of the oaths of Alle- giance and Supremacy; which was accordingly done. Ordered, that half a barrel of powder be taken out of the Queen's stores and sent to Mr. James Blagdon, of the Isle of Shoals, for her Majesty's service. Adj'^ till 10 o'clock tomorrow morning. [p. 99.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsm", by adj', on Saturday, the 18"' of July, 1702, ante merediem, Present, His Excellency Joseph Dudly, Esq., Govern'', &c., The Hon'^^'^ W»' Partridge, Esq., P Govern'-, John Hinkes, J Nath' Weare, ] Robert Ellutt, > Esqrs. Sam' Penhallow, > Esqrs. Peter Coffin, ) Henry Dow, ) Mr. Secretary Story was sent by his Excellency as a message to the House of Representatives to acquaint the Speaker and the rest of the House that had not taken the oaths to her Majesty, as by law is appointed, to come up to this Board to take the same. Accordingly these persons following came, viz : * This speech not fouud oa record.— Ed. 1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 231 John Pickering, Speaker, John Woodman, John Tuck, Joseph Swett, James Ran die, James Davis, Nathaniel Hill, Moses Levitt, and Theophilus Dudley, who took the oaths appointed, in- stead of the oaths of Allegiance and Supremacy, and repeated and subscribed the Test and Association, Esqrs. Sam' Penhallow, > Esqrs. Peter Cofiin, ) John Plaisted, ) Richard Jose, Esq., High Sheriffe of Said Province, was sent down to the Speaker of the House of Representatives to order Theodore Attkinson, one of the members of the said House, to come up to this Board to take the oaths instead of the oaths of Allegiance and Supremacy ; who accordingly came and took the same, and Repeated and Subscribed the Test and Association. Robert EUott, Esq., took the oath of a privy Councillor. Mr. Nathaniel Hill, one of the members of the House of Representatives, brought up to this Board the foil, votes? as upon file : 232 PROVINCE OF NEW-HAMPSHIRE. [1702. That there be an address of condolence and congratula- tion to her Majesty. That there be an address of Thanks to the Queen for the settlement of this government. That a Bill be drawn up to have the Powder money paid in specie. That there be a Present to the Govern'", and money raised to make good the former votes and disbursement ; — in all, five hundred pounds, and bill drawn up accordingly. [p. 101.] That there be an address to the Govern"", by the Council and Assembly,- to represent the matter of Timber to her maj'sty, so as that an Act may be properly made there upon. , That a Committee of both Houses be immediately chosen to draw up the bills afore mentioned. Which several votes were read at this Board and con- sented to by the Council. Another vote was sent up from the House of Representa- tives, as foil : — That Capt. John Pickering and Mr. Sam^ Keais, be of the Committee to join with two of the Council Board to draw up sundry votes passed this present day into Acts, by order of the Assembly. The Council have appointed Sam^^ Penhallow and John Plaisted, Esqrs., to be of the committee to join with Capt. John Pickering and Mr. Samuel Keais, to draw up said Acts, and that they have liberty to send for whom they please, to assist them therein. Adj*^ till Monday, 12 of the clock at noon. 1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 233 [p. 102.] Province of New Hampshire. At a Council and Gen" Assemljly, held by adj', at Portsm°, the 20^^ July, Ante merediem. Present, His Excellency Joseph Dudley, Esq., Govern% Sec, The Hon"'« W™ Partridge, Esq., Lieut. Govern% John Hinkes, ^ ^^ani^ Penhallow, ] Nath' Fryer, \ Esqrs. John Plaisted, [ Esqrs. Peter Coffin, ) Henry Dow, ) The petition of John Jackson, Robert Almery and Joseph Jackson, was read at this Board, and upon file. Order upon it, that the fees having been settled many years past, that the same continue to be collected and re- ceived as usual. The petition of Shadrach Walton was read at this Board, relating to 25"' : 4': 2'^: due to him from the Province, as Capt. of the Fort, &c., from the 23^^ September, 169S, to the 23^' August, 1699. In answer to which petition, the petition'' having showed in Council a receipt and discharge under the hand of the late Lieut. Govern"" Usher, for his publick receipts of money in full of all demands, Ordered, that the demand of 25'" : 4' : 2'' be allowed out of the Public Revenue, and to have a warr' for his paym* out of the next taxes raised for the payment of the Province Debts — and that the said Receipt be put upon Record, and the Original receipt to be delivered into the hands of the Secretary. Adj'^ till 4 o'clock, Afternoon. 23-1 PROVINCE OF NEW-HAMPSHIRE. [1702. [p. 103.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsmouth by adj', on monday, the 20^^ July, 1702, Post mcrediem. Present, His Excellency Joseph Dudley, Esq., Govern'', &c., The Hon'^"^ W" Partridge, Esq., Lieut. Govern^", John Hinkes, ^ Sam^ Penhallow, ^ Nath' Fryer, > Esqrs. John Plaisted, | Esqrs. Peter Coffin, ) Henry Dow, ) Mary Foulsham's petition was read at this Board, relating to her being released out of Prison, being in for Debt, and a very poor woman, — as upon file. In answer to which petition his Excellency and Council doth order that the Secretary write to the Creditor or his Attorney, who keeps the petitioner in goal, that if they do not take care to find out the petitioner's estate, whereby he may satisfy his Debt by laying his execution thereupon in twenty days time at farthest, that then the said Creditor shall allow said petitioner 2^ : 6*^ per week, for every week afterwards that she shall be kept in goal at his suit, or oth- erwise the petitioner to be discharged. Adj*^ till nine o'clock to-morrow morning. [p. 104.] Province of New Hampshire. At a Council and Gen' Assembly held by adj' at Portsm", on Tuesday, the 21^' of July, 1702, Ante meridiem. Present, His Excellency Joseph Dudley, Esq., Govern'', Esqrs. John Gerrish, > Esqrs. Robert Ellott, ) Sam' Penhallow, ) John Plaisted, Henry Dow, Esqrs. An address to her Majesty, relating to consolation and 1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 235 congratulation, Esqs. Robert Ellott, ) Henry Dow, ) Peter Coffin, Esq. Vote sent up from the House of Representatives that an Act be passed that a tax be raised on all sorts of goods and mercliandise, and all manner of lumber that shall be transported out of or Imported into this Province, to con- tinue till the last of July, 1703, Avas read and upon file. Theodore Atkinson, Clerk. [p. lOG.] Ordered, that the Lieut. Govern'' and Samuel Penhallow, Esqs., join with two of the members of the House of Representatives, as a Committee to draw up a bill according to said vote. Vote sent up by the House of Representatives that an Act be passed that the Treasurer take only six pence in the pound, and no more, for receiving and paying out of all such public money payable to such Treasurer. • The Council do consider that for the receipt of the five hundred pounds tax, laid this session, and for what shall be received upon the Act of Impost and Tonnage for this year, the Treasurer take no more than nine pence in the pound. This consideration of the Council was sent down to the House of Representatives, who past the same. Doctor Richard Mills, a poor, sick, and deerepid person, made application to this Board that about two years ago, when he left this country, he left in the hands of one Elizabeth 1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 237 Redford, widow, to the value of 100"'% and cannot obtain the same again ; she denying the matter, and therefore craves to sue as Informa Pauperis in any her Majesty's Courts of Records in y' Province for that sum, or what else he shall see meet. Ordered, that he have liberty to sue accordingly in any of her Majesty's Courts of Records in this Province, and that the Judges in the court where he intends to sue assign him his Attorney, and that no fees be taken by any person or officer for the same ; but that his cause may proceed to a final end as an Informa Pauperis. [p. 107.] The bill for Impost and Tonnage having been read three times and past both Houses, were consented to by his Excellency to be enacted. Adj'' the Assembly till Tuesday, the 18"^ of Aug*, And the Council till 3 o'clock to morrow, in the after- noon. [p. 107.] Province of New Hampshire. At a Council and Gen'^ Assembly, held at Portsm" by adj* on Tuesday, the 18*^ day of August, 1702. Present, The Hon^i* W"' Partridge, Esq., Lieut Govern'', George Jeffrey, Esq., Sam^ Penhallow, Esq., Henry Dow, Esq. His Hon'^ the Lieut. Govern'' was pleased to suspend George Jeffrey, Esq., from sitting, voting, or assisting in this Council. Mr. Jeffrey desired of his Hon"" to know the reason. His Honor answered he would give the Queen an ace" of the reasons for his so doing. Mr. Charles Story, Secretary, was sent by the Lieut. Govern'^ to call the House of Representatives up to this Board, who accordingly came, and there not being a full 238 PROVINCE OF NEW-HAMPSHIRE. ' [1702. Council, His Honor the Lieut. Govern'^ was pleased to ad- journ the Assembly till Tuesday, the eighth day of Sep- tember, 1702. [p. 108.] Province of New Hampshire. At a Council and Gen" Assembly, held at Portsm" by adj' on Tuesday, the 8*'' of Sep'"", 1702, Post merediem. Present, The Hon^''° W™ Partridge, Esq., L* Govern'', John Hinkes j ^ John Plaisted, j Sam' Penhallow, ) '■ Henry How, ) ^ There not l)cing a full Council, the Hon'''° Lieut. Govern'^' was pleased to adjourn the Council till tomorrow morning, eight of the clock, and that the Secretary acquaint the Assembly of the same. [p. 109.] Province of New Hampshire. At a Council and Gener'' Assembly held at Portsm° by adj' on AVednesday, the 9"* of September, 1702. Present, The Hon"'= W" Partridge, Esq., Lieut. Govern'", John Hinkes, ) -p^ Sam' Penhallow, Eobert Ellott, j ^^^^^' John Plaisted, ' \ ^^^^^ Henry Dow, Esq. Vote relating to 200"^^ to be taken out of 250"^^ for the Agent, &c., mentioned in an Act for a tax or assessment of 50 0"^% was read at this Board, allowed and approved of. Vote upon file. Whereas, there is a "War declared by the Queen of Eng- land, of January, 1702. Present, His Excellency Joseph Dudley, Esq., Govern^ The Hon'^"^ W'" Partridge, Esq., Lieut. Govcrn% Peter Coffin, ) -^ Sam' Penhallow, ) r. Robert Elliot, j ^''^''- Henry Dow, \ ^''^''' A further motion upon hearing the petition of Joseph Palmer, for a rehearing of a cause tried before the Hon""" the Lieut. Govern'' and Council in May last, between said petitioner and John Redman : It appearing to this Board that that trial was had since his Excellency the Govern'^ was sworn before her Majesty in Council, and the Execu- tion for the charges thereupon served since the Governor's Arrival in this Province ; a rehearing is granted to the said Palmer thereupon, he first discharging or securing to 170^).] JOURNAL OF COUNCIL AND ASSEMBLY. 245 said Redman, satisfaction for tlic charges he now lies in Prison for. Upon Mr. Elliot's setting forth npon his application to this Board, that there was fifty shillings due in exporting of Boards out of this River in the ship Fellowship, Joshua Frj^er M*^", which was Bona fide put on board before the Act of Impost or Dut}' was made : Ordered, that the Treasurer take notice that the said duty of fifty shillings is discharged, and that he do not de- mand the same ; first having an order from the Secretary, accordingly. [p. 117.] The petition of John Partridge was read, relat- ing to money he laid out for subsistance and support of wounded soldiers, and sent to the House of Representatives. A vote was brought down from the House of Represen- tatives relating to John Partridge's petition, that the said petition and their vote may be laid before the next General Assembly of the Massachusetts, &c. Consented to by the Council. His Excellency with the advice of the Council, prorogued the Assembly till Thursday, the 11"' day of March next. Province of New Hampshire. At a Council and Gen" Assembly held by adjournment at Portsm", by proro- gation, on Tuesday, the 18"' April, 1703. Present, The Hon'^i^ W"' Partridge, Esq., Lieut. Govern-", Peter Coffin, ) ^ John Plaisted, \ ^ ' Henry Dow, Esq. Mr. Secretary Story was sent as a message to the House of Representatives to call them to this Board, who accord- ingly came, and his Honor was pleased to dissolve them la these words : 246 PROVINCE OF NEW-HAMPSHIRE. [1703. Gentlemen, I dissolve this Assembly and accordingly you are dissolved. 2"^ July, 1703. So far sent by the post to his Excellency, in order for England. [p. 118.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsni" on Wednesday, the 23'^ June, 1703. Present, The Hon'"^ W" Partridge, Esq., L* Govern'', Henry Dow, Esq. Henry Dow, Esq., and Mr. Secretary Story, by virtue of a dedimus Potestatem to them directed, gave the oaths ap- pointed by law to nine of the members of the Assembly, viz : John Pickerin, Sam Leavitt, W°^ Furber, Garshon Elkins, Thomas Roby, W-^^ Wallas, W"^ Cotton, Sam^ Thing, and Sam" Shaw. His Honor the Lieut. Govern'' w^as pleased to send Mr. Secretary to call up the House of Representatives to this Board ; who accordingly came, and his said Honor ad- journed them till monday next, twelve of the clock, by reason there was not a full Council. [p. 119.] Province of New Hampsliire. At a Council and Gen" Assembly held at Portsm'\ 27"' June, 1703. Present, The Hon"i" W'" Partridge, Esq., Lieut. Govern'', Robert Elliot, Esq., Henry Dow, Esq. Henry Dow, Esq., and Mr. Secretary Story, ].)y virtue of a Dedimus Potestatem to them directed, gave the oaths 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 247 appointed by law to three of the members of the House of Representatives, viz., Theodore Attkinsou, Esq., Mr. Na- thaniel Hill, and Capt. John Woodman. There not being a full Council, the Honourable the Lieut. Governor was pleased to send Mr. Secretary to the House of Representatives, to acquaint them that he ad- journed that House till Wednesday next, ten of the clock in the forenoon. Province of New Hampshire. At a Council and Gen" Assembly held at Portsmouth, by adj', on Wednesday, the 30'^ of June, ante merediem. Present, The Hon"^'' W'" Partridge, Esq., Lieut. Governor, Peter Coffin, ) ^.^ Robert Elliott, \ ^^^i^'^' Jolni Plaisted, Esq. There not being a full Council, the Honorable the Lieut. Governor was pleased to send Mr. Secretary Story to the House of Representatives, to acquaint them that he adj'^ that House till tomorrow morning, ten of the clock. [p. 120.] Province of New Hampshire. At a Council and Gen" Assembly held at Portsm", by adj', first day of July, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, &c., The Honorable W'" Partridge, Esq., Lieut. Goveru'^, John Plaisted, ) -j^ Rol)t. Elliot, ) -p, Henry Dow, \ ^''^''- Peter Coffin, \ ^''^''' Mr. Secretary Story was sent as a message to the House of Representatives to desire them to choose their Speaker, and after they had so done, the whole House to come up to his B ) ard and present their Speaker. 248 PROVINCE OF NEW-HAMPSHIRE. [1703- The whole House accordingly came up and nominated Captain John Pickerin as their Speaker, who was allowed of. Adj'^ till tomorrow morning, 9 oclock. [p. 121.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj*, on Friday, the second day of July, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, &c.. The Honorable W™ Partridge, Esq., Lieut. Governor, John Hinkes, ) Robert Elliot, > Esqrs. John Plaisted, I Esqrs. Peter Coffin, ) Henry Dow, j The petition of John Campbell for an encouragement of maintaining the post office betwixt Boston and this place, was read at this Board ; and it was ordered that a commit- tee of both Houses be appointed to consider of the same ; and there was appointed two out of the House, viz., John Plais- ted and Henry Dow, Esqrs., and then his Excellency sent Mr. Secretary Story to the House of Representatives with the said petition. Mr. Nathaniel Hill, one of the Members of the House of Representatives, brought up the said petition to this Board, with a vote that they had appointed Roby and Mr. Wm. Cotton as a committee of that House to join with the Committee nominated by this Board, to consider of the said })etition. Mr. George Yaughan, one of the members of the House of Rci)resentatives, took the oaths appointed by law, in- stead of the oaths of Allegiance and supremacy. The petition of Francis Jennings was read at this Board, and the same was referred to the consideration of the Justices of her Majesty's superior court, as upon file. 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 249 [p. 122.] Province of New Hampshire. At a Council and General Assembly, held at Portsm° on Saturday, the 3'^ day of July, 170:]. Present, His Excellency, Joseph Dudley, Esq., Governor, &c., The Honorable W'" Partridge, Esq., Lieut. Governor, John Hinks, ^ John Plaisted, ^ Peter Coffin, [ Esqs. Sam' Penhallow, > Esqs. Robert Elliott, ) Henry Dow, ) A vote was brought up by one of the meml^ers of the House of Representatives in the foil, words, as upon file : In answer' to his Excellency Joseph Dudley, Governor and Commander in Chief in and over her Majesty's Prov- ince of New Hampshire, his speech to the Assembly, set- ting forth the state and condition the Province, in order to raising money for defraying the charges and supporting of the government, — In answer thereto the assembly humbly offers the continuance of the former tax this last year set on all lumber, goods, wines, Rumm, &c., for one year next coming from the end of the last Act ; and pray that a Committee of both Houses be appointed to draw up said Act, and that some addition be made and added on Rumm and other things not mentioned in said last Act, and that all Masters be upon oath to how many thousand they trans- port every time they go out of the River, and that the receiver be upon oath to the truth and entry of every such master and vessel, of their quantity of all such lumber Ex- ported, and all goods Imported. Read at the Council Board, and consented thereto, and voted Samuel Penhallow and John Plaisted, Esqs., as a committee to join with some of the members of the House of Representatives, to draw a Bill according to said vote, and then sent the vote down to said House, who immedi- ately sent [p. 123.] the same up again, with a vote that 250 PROVINCE OF NEW HAMPSHIRE. [1703. they had made choice of George Vaughan, Esq., and Mr. Samuel Thing, to join with the Committee of this Board in drawing up a Bill according to the said vote. Cha : Story, Secretary. The following V)ill having been read a third time, and passed both Houses to be enacted, was consented to by his Excellency, and by him signed accordingly : A Bill for continuing of several Rates and duties of Impost, Tonnage, &c. Upon a vote and message of the Representatives, It was agreed in Council that there be two hundred pounds paid out of the Revenue of Impost to the Governor's orders, severally in full, for the charges and expences of the two treaties with the Indians in July, 1702, and June, 1703, and provision for the Gentlemen of the Council, and Gen- tlemen, soldiers, servants and Horses employed therein, the whole Assembly being desirous to show their duty to support the Governor. Adj'^ till Thursday, the 2^ Sept., 1703. 27*'' August, 1703. So far gone to England. [p. 121.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth by adj*^ on Thursday, the 2*^ September, 1703. Present, The Honorable W'" Partridge, Esq., Lieut. Govern"', John Hinkes, j ^ g^^^^^^^^ Penhallow, Esq. Henry Dow, ) ^ Mr. Secretary Story was sent as a message to the House of Representatives by the Honorai)le the Lieut. Governor, to acquaint them that for want of a full Council he ad- journed that House till tomorrow morning, nine of the clock. 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 251 Province of New Hampshire. At a Council and General Assembly, held at Portsmouth by adj*on Friday, the third day of September, 1703. Present, The Honorable W™ Partridge, Esq., L* Governor, John Hinkes, ) ^ Peter Cofiin, ) ^ Robert Elliot, \ ^^^^- Sam^ Penhallow, \ ^^^l^' Henry Dow, Esq. A letter from her majesty Queen Anne, dated at Saint James, the twentieth of April, 1703, relating to the settle- ment of a salary for the Governor and Lieut. Governor of this Province, was read at this Board, the House of Repre- sentatives being present, and is as followeth, viz : ANNE R. [p. 125.] Trusty and v;ell beloved, we greet you well: Whereas several inconveniences have arisen to our Govern- ment in the Plantations, by Gifts, presents, and temporary salaries made or assigned to our Governors by the General Assemblies : in order to the preventing wiiereof it is necessary that constant and fixt salaries be appointed and settled for the support of the respective Governors of our said Plantations; And whereas there has been hitherto no provisions made for the support of our Gov- ernor and Lieut. Governor of our Province of New Hampshire, we do hereby signify to you our Eoyal will and pleasure, that at the first meeting of the Assembly after the receipt hereof, you do acquaint them with our expectation that in regard of our receiv- ing our good subjects of that Province under our immediate pro- tection and Government, they do fortliwith settle a constant and fixt allowance on you our Governor, and our Governor and Lieu- tenant Governor of our said Province for the time being, and that the same be done without limitation of time : And upon the settlement of such a constant and fixt allowance for the support of you, our Governor, and of the Governor and Lieut. Governor for the time being, We are hereby pleased to direct that neither you, our Governor, nor any Governor, Lieu- tenant Governor, Commander in Chief, or President of the Coun- cil of our said Province for the time being, do give your or their consent to the passing any Law or Act for any Gift or present to 252 PROVINCE OP NEW-HAMPSHIRE. [1703. be made to you or tlieni by the Asseinbly, And that neitlior yoix nor they do receive any gift or present from the Assembly, or other, on any account, or in any manner whatsoever, upon pain of our highest displeasure, and of being- recalled from that our Governments. [p. 12fi.] xVnd we do further direct and require that this Decla- ration of our Ivoyal Will and pleasure be communicated to the Assembly at their tirst meeting after your receipt hereof, and entered in the Registers of our Council and Assembly, that all persons whom it may concern may govern themselves accordingly. So we bid you farewell. Given at our Court at Saint James, the 20"^ day of April, 1703, in the second year of our Reign, By her Majesty's Command. NOTTINGHAM. A letter from the Lords Commissioners of Council of Trade and Plantations, dated Whitehall, April the 20*^^, 1703, relating to the undue proceedings of the Courts of Justice in the Plantations, was read at this Board, and upon file. A vote was sent down to the House of Representatives, nominating Robert Elliot and Henry Dow, Esqs., to join with two of the House of Representatives to examine into the Treasurer's account, and make report to this Board at the next sitting of the Assembly, Committee to sit next Wednesday. The Honorable the L* Governor, having moved to this Board to know whether the sixty men under command of Captain James Davis, Ijeing out on scouting at the head of our Rivers, should continue or be disbanded. Ordered, that the said Ca])t. Davis disband said soldiers, and tluit the Honoral)le the Lieut. Governor issue forth his order to said Davis accordingly. 1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 253 [p. 12T.] Province of New Humpshire. At a Council and General Assembly, held at Portsmouth on Saturday, the fourth day of September, 1703. Present, The Honora1)le W™ Partridge, Esq., Lieut. Goven/, Peter Coffin, ) ^^ Sam^ Penhallow, \ y Robert Elliot, \ ^^^^- Jolm Plaisted, ] '^^'^^' Henry Dow, Esq. Mr. Story was sent as a message to the House of Repre- sentatives with a vote relating to the impressing of eighteen men, to make up the number twenty men at her majesty's fort, as also for the impressing of sixty men to secure the frontiers, &c. Patience Atkins' debenture being read at this Board, amounting to two pounds, for half a year's Rent, from May 16"S 1702, to the 17*'^ November, 1702, for the Assembly and Council's sitting, allowed and approved of, and ordered to be paid out of the next Province Rate. Mr. George Vaughan, one of the House of Representa- tives, brought up a vote as foil., viz : Voted, that the Lieut. Governor be and is desired to order such a number of men as he thinks convenient, to scout at the head of the frontier Towns, or other service, for fourteen days' time, in such manner as he thinks most convenient for safety, either by parcells or in a body, and that each man find himself provisions, Arms and ammuni- tion from their first going forth till their return. Passed by the House of Representatives. Theodore Atkinson, Clerk. Read at this Board and consented to by the Council. Cha. Story, Secretary. [p. 128.] The House of Representatives sent up the fol- lowing words, in writing : May it please your Honors, whereas her majesty's Letter of the 20''' of April, 1703, was presented, wdiich we have 254 PROVINCE OF NEW-HAMPSHIRE. [1703. been considering of and still lies under consideration, are not at present able to give our answer, but shall- with all possible speed. By order of the House, Theodore Attkinson, Clerk. Mr. Secretary Story was sent as a message to the House of Representatives to call them up to this Board, who accordingly came, and his Honor the Lieut, Governor prorogued the said Assembly till Tuesday, the 21"* instant, at ten of the clock, forenoon. Province of New Hampshire. At a Council and General Assembly, held at Portsm% on Friday, the 24"» September, 1703, by Proclamation. Present, The Honorable W" Partridge, Esq., Lieut. Govern^ Samuel PenhalP, Esq., Henry Dow, Esq. There not being a full Council, his Honor, the Lieut. Governor, sent Mr. Secretary Story as a message to the House of Representatives, to acquaint them that he ad- journed that House till Tuesday, the 28"^ of September, in- stant, at ten of the clock, ante merediem. Adj. accordingly. [p. 129.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth, by adj', on Tues- day, the 28'h of September, 1703. Present, His Excellency, Joseph Dudley, Esq., Governor, &c., John Hinkes, ) ^ Peter Coffin, ) p Robert Elliott, \ ^^^^' Sam' Penhallow, \ '^^'^^^ His Excellency sent a message for the House of Repre- sentatives to come up to this Board, who accordingly came, 1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 255 and his Excellency was pleased to acquaint tlicni of the Just and necessary war, and that care should be taken the people may not be oppressed in their service against the enemy. That Colonel Romer was at the fort ready to repaire the same, having men sufficient sent thither to attend his or- ders, and that the species raised towards the payment should be immediately converted into money to the best advantage. That the Treasurer's accounts be speedily adjusted in order to be sent to England to the Lords Commissioners of Trade and plantations, tfec. That they would consider of her majesty's most gracious Letter, referring to salaries for the Governor and Lieuten- ant Governor. That her Majesty had been graciously pleased to send this Province fifty barrels of powder, stores, guns, &c. Adj'' till three o'clock, post merediem. Met and adj'^ till to-morrow morning, ten of the clock, ante merediem. [p. 130.] Province of New Hampshire. At a Council and General Assembly, held at Portsm*", by adj', on Wednes- day, the 29'^ September, 1703. Present. His Excellency, Joseph Dudley, Esq., Governor, (fee, The Hon''^'^ W™ Partridge, Esq., Lt. Govern--, Robert Elliott, ) -^ Sam' Penliallow, Esq. Nath' Weare, \ ^^^«- The Governor was pleased to inform this Board that by Letters lately received from the Right Honorable, the Lords Commissioners of Trade and Plantations, he had received their commands that no infringement be made upon tlie former orders referring to the dimension of tim- ber, sawed for the service of the Crown, but that the Sur- 256 PROVINCE OF NEVr-HAMPSHIRE. [1703. veyors severally do strictly pursue their instructions in that matter, and that the Secretary give notice hereof accord- ingly. The Council being sensible that the 500"'" raised for the fortifying the fort at New Castle, being paid into the Treas- ury in corn and grain of all sorts, at High Prices, if kept for sale, will prove great Loss to the Province, Ordered, that the Treasurer have the same at his own disposal, and to his proper use, he paying the full value of four hundred and fifty pounds, according to the orders of Colonel Romer, or this Board, in such species, provisions, materials and payments for the fortifying of her majesty's said fort at New Castle, at money price, or pay for the same where they shall be bought. Adj'' till Friday morning, 10 o'clock. [p. 131.] Province of New Hampshire. At a Council and General Assembly held at Portsm'^, by adj*, on Friday, the first day of October, ITOo. Present, His Excellency Joseph Dudley, Esq., Governor, &c., John Hinkes, ) Peter Coffin, J Robert Elliott, > Esqrs, Sam' Penhallow, > Esqrs. Nath' Weare, ) Henry Dow, ) Ordered, that Samuel Penhallow, Esq., Treasurer, have warrants signed for the payment of four pounds, one shil- ling and five pence, and four pounds six shillings, for enter- taining the Judge Advocate and the king's Messenger, and that the Secretary issue forth said warrants accordingly. Adj'' till 3 o'clock, post merediem. 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 257 Province of New Hampshire. At a Council and General Assembly held at Portsni", by adj*, on Friday, the 1^' October, 1703, post merediem. Present, His Excellency Joseph Dudley, Esq., Governor, Esqrs. Henry Dow, > Esqrs. Robert Elliott, ) Sara' Penhallow, ) A vote was sent down to the Representatives for the encouragement of the Postmaster General, in Boston. [p. 132.] Ordered, that all payments out of the Treas- ury from time to time, be made orderly according to the Dates of the warrant severally; except in special cases where the warrant shall direct the immediate payment. The Treasurer having this day past all his accounts for four years last past, being the whole time of his Treasure- ship, it being observed that the orders of Council for pay- ment of forty-one poimds, ten shillings and two pence, unto several soldiers, and the payment of one hundred and twenty-eight pounds, nineteen shillings and six pence, for building the prison, and the payment of fifty-three pounds, one shilling, for paying and receiving, with other trouble and charge, are wanting. Ordered, that the Treasurer have warrants granted hy the Secretary for his vouchers. Ordered, that for the future all wages that shall ace re w due to the Captain and soldiers at the fort W" and Mary, be paid to the Captain for the time being ; and he to give a receipt for the same to the Treasurer, and the said Cap- tain to pay the soldiers. Upon an adjustment of the account of the fort W™ and Mary, between Mr. Treasurer and the Captain of the said fort, there appear to be due to the Captain of the said fort, for himself and soldiers there, to the seventeenth day of 17 258 PROVINCE OF NEW-HAMPSHIRE. [1703. May last past, including all former orders, tliirtj pounds, seven shillings and four pence. Ordered, that the Treasurer pay the same forthwith to Captain John Hinkes. Adj'' till ten o'clock, tomorrow morning. [p. 133.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj', on Sat- urday, the 2'' October, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, etc., John Hinkes, J Nath^ Weare, J Robert Elliott, [ Esqrs. Henry Dow, > Esqrs. Peter Coffin, ) Sam' Penhallow, ) Ordered, that Richard Waldron, Esq., and Mr. George Jeffrey, inspect the Treasurer's accounts and make report to this Board of the balance of said account, to the last day of July, 1703. Capt. Tuttle's debenter having been read at this Board, as upon file, allowed him two pounds, eighteen shillings for scouting, and ten shillings for himself, the whole amounting to three pounds, eight shillings, and ordered to be paid out of the next Province Rate. Ordered, that the Treasurer fmd Provisions according to law for the three French prisoners, and also l)lankets for them to lie upon. 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 259 [p. 13-i.] Province of New Hampshire. At a Council and General Assembly held at Portsm°, on Wednesday, the 6*»> October, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, ^iit. wine, 5J., to 6 meales, 12s., to madara and Grean wine, 17, to breakfa.st, 4d., to 5 meales, to 2 qts of Grean wine, 18, to breakft., 4d., to 3 meales, 10s., Grean wine, 2 qts., 3s. 4d., 19, to break., 4 meales, 8s., 3 qts. Grean wine, 5s., 21, to meales, 4s., 1 qt. wine. Is. 8d., 22, to breakft., 3 meales, 6s., 1 qt. wine, 13s. 8d., 23, to 3 meales, 6s., 3 pt. wine, 2s. 6d., 24, to break., 3 meales, 6s., 3 pt. wine, 2s. 6il 25, to break., 4 meales, 8s., 2 qts G. wine, 1 pt. mada., 27, to breakf., 4 meales, 8s., 1 botll wine, . . . . To your man's diet, To your eliambr, Gs., yr man's lodging, 2s, .... To keeping yr hors 36 dales & nights, To keeping your man's hors 14 dales & nights. Allowed nine pounds and six shillings in full of this Acctt. to bee the Province. 00: 13: 08 00: 02: 10 00: 12: 09 00: 03: 08 00: 10: 04 00: 03: 04 00: 09: OS 00: 13: 04 00: 05: 08 00: 08: 00 00: 09: 01 00: 09: 01 00: 12: 08 00: 10: 00 00: 12: 00 00: 08: 00 01: 16: 00 00: 14: 00 £10: 10: 01 payd in cours by 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 261 salary ; but the Council sec not meet to alter the Treas- urer's fees. Cha. Story, Secretary. Vote sent up by the Representatives to this Board, relat- ing to the Regulating of several officers' fees, of entering and clearing of vessels, as upon file, was read. Mr. Samuel Penhallow's debenter, Am" to 29'"^ : 6' : 7*^, was read, allowed and ordered to be paid accordingly. Mr. Samuel Penhallow's Ace* relating to Powder was read, allowed and approved of, as upon file. An Act relating to the inhabitants of the Province doing military service in equal proportions, and for raising money for a stock of provisions to be in each town, ready for such soldiers as shall march forth against the enemy, being three times read at this Board [p. 13(3.] and past the House of Representatives to be enacted, was assented to by his Ex- cellency. Adj'' till the second Tuesday, November next. Province of New Hampshire. At a Council and General Assembly, held by adj* on Tuesday, the 9*^ of Nov'""-", 1703. Present, The Honorable John Usher, Esq., Lieut. Governor, Robert Elliott, ) -p George Jeffrey, ) -p, Peter Cofiin, j ^^'^^- Henry Dow, \ ^'''^^' The petition of Capt. Robert Eason was read at this Board, commander of the ship Thennett, built in the river of Piscataqua, setting forth the said ship's being in the Queen's service, and have so been ever since she was built, in fetching masts, yards. Bowsprits, Esqs. John Plaisted, V Esqs. Sam^ Penhallow, ) Henry Dow, ) Mr. Secretary Story w^as sent as a Message to call the House of Representatives to this Board, who accordingly came. His Honor the L' Governor was pleased to make a speech to them as foil : [p. 138.] A copy of which speech being desired by the House of Representatives, was accordingly granted and sent down to the House by Secretary Story.* The petition of Capt. Robert Eason was read at this Board, relating to have some some small abatement of pay- ing powder duty, &c. A Letter from his Excellency Joseph Dudley, Esq., Gov- ernor, &c., was read at this Board, directed to Colonel • This speech not to be found. 1703.] JOURNAL OF COUNCIL AND ASSEMBLY, 2G3 Romcr, and dated at Roxbuiy, 22^^ Nov•'^^^ 1703, setting forth that he desired Col. Ronier to see the Lieut. Governor in Council at his coming away, and acquaint them what was done at the fort, and what was a doing, and prayed that the order may bo sacred, the money for the fort untouched, but by said Col. Romer's orders or warrant, etc. Col. Romer appearing at this Board, made the following speech, viz.: May it please your Honors, — I was ordered by his Excellency Joseph Dudley, Esq., Governor, &c., for to repair the fort W" and Mary, so that it might be secured as a defense from any sur- prise, and that the Province of New Hampshire to that end had allowed 500"'^ in money and 500"'^ in labor, and that they had made some progress in it ; but that the severity of the winter had obliged them to leave off. And whereas the 500"^^ in money, raised by the Asseml^ly, was delivered in all sorts of Provisions to the Treasurer, according to the Act made for that end, but said pro- visions not being to be sold for the prices mentioned in said Act, but much lower, according to market price ; there was given to the Treasurer, by order of the Council, 50'^ abatement, so that there remained in the Treasurer's hand but 450"'** ; that the 500""* in labor would soon consume the 450"'% and that they had already consumed upwards of 26"'% and had not done full eight pounds' worth of work, which said Col. Eomer desired this Honorable Board to take into serious consideration. [p. L'VJ.] 2'"y. Col. Romer acquainted this Board that it was customary in all parts of tlie world, as Germany, Denmark, Sweed- land, Brandenburg, &C., that when the Country or General Court to their Prince or King did give or allow any sum of money for labor, that then the subjects did take provisions along with them for eight or ten days, according to tiie distance of their habita- tions ; and then it would be reckoned as money ; but it cannot hei'e be reckoned so, because if this daily labor so proceed, it will soon consume the 450"'\ Therefore by consequence this Honora- ble Board may Judge that it is impossible to make a magazine for powder, and lodgings for 50 or 60 men, which I desire this Hon- orable Board also to consider seriously of. 3'^'y. Col. Romer further declared at this Board, that he had a year ago demonstrated to the Duke of Malbrough, the state and condition of this Province, and that it was impossible for them to make these fortifications, which his late Maj'ty was pleased to 264 PROVINCE OF NEW-HAMPSHIRE. [1703. order should be made ; and that he reqiiested the Diikc of Mal- brough to take it into liis serious consideration. And further said that it was now in due season and time tluxt this Province should implore the Queen for her assistance ; and requested that this Board desire his Excellency the Governor, and the Honorable the L' Governor, for their concurrence in this matter. And then Col. Romer took his leave of this Board, in order to depart next day for Boston. Mr. George Jeffrey's acc"^ as Treasurer from June, 1G95, to Sep^'', 1696, Am° to 925'" : 14^: 7'\ and rest due to said Jeffrey, to balance 22 : 03 : 11, was read at this Board, and lie produced his vouchers and receipts for all payments therein mentioned ; which was approved and allowed of by this Board. Adj'' till to morrow morning, 10 of the clock. [p. 140,] Province of New Hampshire. At a Council and General Assembly, held by adj' on Wednesday, the 8"^ Xber, 1703. Present, Tlie Hon'^'^ John Uslier, L* Governor, Robert Elliott, ) ^^ ^ George Jaffrey, jl ^_, Peter Coffin, j '^ ^ " Sara' Penhallow, j '^'^ John Plaisted, Esq. An estimate of the Province Debts, am° to 450 lbs., Avas sent from this Board to the House of Representatives. Mr. Joseph Smitli, formerly Treasurer of this Province, brought in his acc"^ to this Board from 29*'^ Sep""", 1696, to tlie 23-^ Jan'-, 1696-7, and from 9"' January, 1698-9, to Aug* 7, 1C)99, and produced his vouchers and receipts for all payments ; and swore to the truth of his acc"% which was allowed and approved of. Mr. Nath' Hill brouglit up to this Board from the House 1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 265 of Representatives an answer to the L* Governor's speech as foil., viz.: — To the Honoi-able John Usher, Lieut. Governor of her Majesty's Provhice of New Ilampsliire, the answer of the Representatives to the speech yonr Honor was pleased yesterday to make to the Assembly. As to her most sacred Maj'ty that now Rightfully sits upon the Throne, we have had so ample a character from his Excellency, the Governor, that we account it the greatest happiness of the age we live in to be under the influence aiid government of so great, good and glorious a Queen ; and shall constantly pray tliat her Maj'ty's Reign over us may be long and prosperous, resolving in all things to behave ourselves as becomes dutiful ami loyal subjects. As to the frontier garrisons, we believe they may be in some danger, but we are not capable of sustaining the charge of sup- plying all with soldiers; besides the committee of !\lilitia in the several towns are impowered by law to look after and order those aflfaii-s. [p. 141.] As to her Maj'ty's fort on Great Island, His Excel- lency the Governor, seeing the condition thereof, did move the late Assembly to take care that it might be made more defensible, who accordingly advanced 500 lbs. for that end; and as to men, we suppose the present season of the year will in some measure sup- ply that want, there being on Great Island only the fort to do duty, and are humbly of opinion that the inhabitant^ on said Island may be sutficient to supply said fort with men for watch- ing and warding, and not be burtheued near so much as other places in this Province is ; and for the want of powder, our agent, Major W" Vaughan, was instructed to address her Maj'ty on our behalf for a supply, from whom we have yet had no perfect account of that matter. As to the Treasurer's acc"% we had them lately laid before us by order of his Excellency, aud have continued an Act for laying a Duty on lumber, &c., for auother year; which we hope by the year's end will pay our Debts, and answer the necessary charges arising the mean time. And lastly, as to addressing her Maj'ty for a company of soldiers, &c., for the fort, we say, his Excel- lency the Governor, having been lately among us, and well acquainting himself with the state of the Province, fort, and all things concerning the same, we have prayed His Excellency to represent our state and wants at large: And pray her Maj'ty's 266 PEOVINCE OF NEW-HAMPSHIRE. [1703. favorable relief, which we presume is already done, or will be done by these ships: so need not give your Hon"" any further trouble therein ; but always acknowledge your Hon" favor and kindness, wherein you are disposed to promote the good and wel- fare of this her Maj'ty's Province. December 8"', 1703. Passed by the House of Representatives. Saml. Thing, CI. His Hon'' the L* Governor required at this Board an ace" of what Major Yaughan, the agent for this Province, had done for this Province in England, relating to their addressing her Maj'ty for a sup[)ly of powder, &c. This Board declared they have no ace" from said Major Yaughan relating thereto. [p. 142.] Ordered that Wednesday, the 29"^ instant, be set apart as a Thanksgiving day, &c., throughout this Prov- ince, for all mercies daily received, &c.; and that Mr. Samuel Penhallow, Mr. Nathaniel Rogers, minister, and Mr. Secretary Story, draw up proclamations accordingly. Adj'^ till to-morrow morning 10 of the clock. Proviixce of New Hampshire. At a Council and General Assemljly held at Portsm" l;»y adj' on Thursday, the 9"' day of December, 1703. Present, The Hon''^'' John Usher, Esq., Lieut. Governor, Peter Coffin, j ^ ; Sam^ Pei.hallow, j ^ George Jeffrey, ) ^ Henry Dow, ) ^ John Plaisted, Esq. Mr. Nath' Hill brought up the petition of Capt. Robert Eason to this Board from the House of Representatives, with a vote that he pay two barrels of powder for this voyage. Consented to by the Council, and ordered that the Secre- tary make out an order to the Treasurer accordingly. 1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 267 Mr. Secretary Story was sent as a message by the L* Governor to the House of Representatives, in order to deliver in writing to that Board these foil, words, viz. : Pursuant to her Maj'ty's instructions, whereas there is no power given in her Maj'ty's commission to execute mar- tial law in time of peace, upon soldiers in pay l»y her Majesty ; I therefore recommend to you, the Assembly, (that if not already done) you prepare such Act or Law for the preserving of good discipline amongst soldiers that the same may be sent home to her Majesty. John Usher, L' Governor. [p. 143.] It appearing in the Treasurer's ace"' in the year 1701, that he paid Lieut. Governor Partridge, per order, being voted as part of his disbursement for said Province, 100 lbs., Mr. Secretary Story was sent down to the House of Representatives to know whether they have a particular account of Mr. Partridge's disbursement am"* to the said 100 lbs. The House of Representatives say they have no ace"' of Mr. Partridge's disbursements about the 100 lbs., etc. Ordered, that Henry Dow, George Jeffrey and Joseph Smith, Esqrs., formerly Treasurers in this Province, be allowed five pounds per cent, for paying and receiving, having produced their ace"' at this Board, and fairly dis charged themselves of their payments by sufficient vouches and receipts, having not formerly taken out their warrants from the Governor or Lieut. Governor for payment of said five pounds per cent. Adj'' till two of the clock post Merediem, to-morrow. 268 PROVINCE OF NEW-HAMPSHIRE. [1703. [p. 144.] Province of New Hampsliire. At a Council and Gen" Assembly, held by adjourn* on Friday, the 10'" Xber, 1703. Present, George Jeffrey, | ^ Sam' Penhallow, | ^ Henry Dow, j ^^^^' John Plaisted, \ ^^*1'^- The House of Representatives sent up to this Board a vote in answer to what the Honorable the Lt. Governor sent down to that house in writing, intimating to them to prepare an Act or Law for the punishing of mutiny, deser- tion and false musters, relating to soldiers in pay by her Majesty (vote as foil.), viz: Voted, the Assembly are humbly of opinion that the military laws of the Province are full and sufficient to punish offenders, according to the discretion of the Com- mittee of militia. Past by the House of Representatives. Sami Thing, Clerk. Mr. Henry Dow, formerly Treasurer of this Province, brought in his ace"'' to this Board as Treasurer, from the 16^ May, 1691 to the 16"' May, 1695, am*' to 78o"'^ : T^ : 8'', and balance due from him to her Mnjcsty, 1"*: 9^: ll"*, and produced sufficient vouches for all payments, &c., and gave his oath to said account ; was then allowed and approved of. Adj'' till to-morrow morning, 9 o'clock. [p. 145.] Province of New Hampshire. At a Council and General Assembly, held at Portsm°, by adj', on Satur- day, the 11"' December, 1703. Present, The Honorable John Usher, Esq., Lieut. Governor, Rol)crt Elliott, ) John Plaisted, ) p George Jeffrey, > Esqs. Henry Dow, j " ^ ' Sam' Penhallow, ) Mr. Secretary Story was sent to the House of Represen- 1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 269 tatives to ask of tlicm if they had anything to offer to this Board, who answered they had nothing. Mr. Secretary Story was sent as a messenger to call the House of Representatives to this Board, who accordingly came, and his Hon"" the Lieut. Governor was pleased to de- clare unto them as foil., viz : Gentlemen, — In my speech laid before you the true state of the rroviiice and the condition of her Majesty's fort, recomraeuding to your care the raising of money for securilics and defense thereof: in your answer thereto are pleased to intimate there are acts for duties laid which you judge will pay the Debts and answer the neces- sary charge. Those Acts are given for other ends and uses. Judge will not answer those ends for which it's made and the money raised by those acts must only be applied to the ends for which it's granted. You likewise say the laws of the place have made provisions for security of the Province, and his Excellency hath represented the state thereof home. I laid before you the Province was in Debt above 450"', and daily charges doth arise ; that there was absolute need of soldiers at her Majesty's fort and some of the frontier Garrisons ; if either suffer by want of supplies I have quitted myself. His Excellency having given notice that the several Treasurers' accounts, from the year 1G94, be prepared to be sent to [p. 146.] England; The several accounts from 1694 to January, 1696, by the several Treasurers, hath been laid before the Council with their vouches and receipts, and how and to what end the reve- nues hath been applied. There hath been in Major Vaughan and his successor's time paid to W" Partridge, Esq., 867^'''': 2^*: 6*1, for which there is no ace" of particulars of disbursement, and that ought not to be allowed. As to the SOO"*^ paid, your agent do find that he lias not given any account either to the Council or Assembly of any proceedings of his in England for account of the public. I have not only been informed of the condition of the Province, but have visited it and seen the condition thereof, and I doubt not but the Governor hath truly represented the same, and I shall by these masts ships second it likewise to her majesty. In the mean time shall take care of her majesty's fort as shall think proper. 270 PEOVINCE OF NEW-HAMPSHIRE. [1704. Gentlemen, you are dissolved, and in lier Majesty's name do dissolve yon. So far gone for England. Xbcr, 1703. [p. 147.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth on Tuesday, the 8"' February, 1703. Present, John Hinkes, Esq., President, George Jeffrey, ) ^ John Plaisted, ) -^ Samuel Penhallow, \ " ^ ' Henry Dow, j ^ Assembly men's names. Hampton. Portsm". Mr. Tho. Roby, Capt. Jno. Pickerin, Mr. Gershom Elkins, Capt. Mark Hunkin, Mr. Sam^ Shaw. Mr. Sam' Keais. Exeter. Dover. Mr. Samuel Levett, Capt. Jno. Woodman, Mr. Samuel Thing. L' W' Furber, L* Nath' Hill. Newcastle. Mr. Wm. Wallis, Mr. Wm. Seavy. The above said persons being of the House of Represen- tatives took the oaths appointed by law instead of the oaths of allegiance and supremacy, and subscribed and declared the test and Declaration, and then were ordered to choose their speaker and present his name to this Board ; and so departed. The whole House of Representatives came to this Board and presented Captain John Pickerin as their Speaker. This Board thought fit to accept of Capt. John Pickerin, Speaker of the House of Representatives, and desired the said Representatives to consider of the state of the Prov- 1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 271 ince, and what other business they had to go upon to pre- pare and make ready the same, to present to his Excel- lency, Joseph Dudley, Esq., our Governor, who would be with them in two days. Adj'' till 10 o'clock next Thursday, ante merediem. [p. 148.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth, by Adj*, on Thursday, 10"' of February, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, &c., The Hon''^'^ the Lieut. Governor, not as a member, &c., Peter Coffin, ) ^^ , Sam^ Penhallow, ) -p George Jeffrey, ] ^^ ' John Plaisted, j '' ^ • Henry Dow. The House of Representatives being sent for came up to this Board, and his Excellency made the following speech : Gentlemen : — The public service lias brought me hither, and I was not willing to be ill the Province Avithout seeing an Assembly, that I might offer you what I Judge necessary for her Majesty's service, and the good of the Province, and might receive from you the present state of your affairs. I am glad that notwithstanding the trouble with the Indians, no part of this Province has had any impression from their barbarous hands ; and I am the more sensible of the Gentlemen's service that have assisted me in the raising the volunteers now sent out, which are truly every fourth man fit to march in this Province, which I shall, as is my duty, humbly represent to her Majesty. As soon as is possible I shall order the incidental charges for their advance be laid before you ; and the Treasurer very justly presses me to desire you will raise wliat is proper to pay your en- gagements and Debts ; and a just induction to you so to do, is that nothing has been raised in this Province by a tax this year, when your neighbors pay 12 or 15 single rates for the necessary service of the year. I have also to communicate to you her Majesty's commands, re- 272 PROVINCE OF NEW-HAMrSHIRE. [1704. feiTiiig- to the fort at New Castle, that it be perfected in all points; the date of these letters will allow you to suppose that the Account of your grant of 500""* for that service was not come to band ; however I am bound to communicate that Letter, and it will give you a good demonstration of her Majesty's care of the preservation and security of her good subjects here residing ; And also encourage you in what is furtlier wanting in that service to do your duty as tliere shall be occasion. [p. 149.] I think it also proper to acquaint you with her Maj- esty's commands, which I have received referring to Mr. Allen's Title to the waste [lauds?] of this Province, as the same is con- veyed to him from the heirs of Mr. IMason, and to acquaint you that notliing will more tend to your quiet and repose, nor to her Majesty's just satisfaction referring to this Province, than to have an amicable and quiet issue in that matter. The last Judgement upon the appeal makes you sensible of her Majesty's equal administration of justice to all her good subjects; and I desire your regaiard to her Majesty's directions in what remains, which may give a like instance and satisfaction of your obedience. I have also to recommend to you what the L' Governor has already oti'ered to the Council, that Lodgings may be provided for him on the Great Island, near the fort, until he may have a lodging in the fort itself, which will be most proper; — it can amount but to a small matter by the year, and will show your resjjects to the Government. His Excellency also communicated to the said House of Representatives a Letter from her Majesty, relating to Mr. Allen's Title about the waste lands of this Province, as also, another Letter from her Majesty, relating to the inlial)itants keeping the fort William and Mary in good defence, &c. Thomas Holland's petition relating to his being divorced from his wife Elizabeth was read at this Board, and sent down to the House of Representatives with the opinion of the Council, that considering the said Elizabeth had owned her adultery and other allegations in said petition, that the said petitioner be acquitted from allowing said Elizabeth any maintenance, and she be separated from his Bed and Board. Petition on file and entered in the next Council day. Ordered, that Col. Thomas Packer be paid out of the 1704:.] JOURNAL OP COUNCIL AND ASSEMBLY. '21S Treasury one pound six shillings seven pence for entertain- ing two men which came post for her Majesty's service. [p. 150.] Province of New Hampshire. At a Council and General Assemhly held at Portsmouth by adjournm* on Friday the 11* February, 1703. Present, His Excellency Joseph Dudley, Esq., Governor, &:c., The Honorable the L* Governor, not as a member, &c., Peter Coffin, ) -p^ , Samuel Penhallow, ) y^ George Jeffrey, \ ^'^ ' John Plaisted, \ ^"^ Henry Dow. Thomas Packer's debenter, am'' to two pounds, one shil- ling and sixpence, for entertaining the Major General, was allowed and ordered to be paid in course out of the next Province Rate. Thomas Packer's debenter, am" to four pounds, fifteen shillings and eight pence, for entertaining the Honorable John Usher, Esq., L' Governor, 22'^ October, 1T0-], was allowed and ordered to be paid, Ut supra. Ordered, that Thursday next be kept as a day of Fasting and Prayer throughout this Province ; humbly to implore the Divine favor and Blessing upon her Sacred Majesty's life, and prosperity to her Arms and the Arms of the Con- federates against the Great Oppressor of the liberties of Europe, and also to pray the favor of God for the preser- vation of this Province and the good success of the forces now gone against the Indian Rebels, and all ministers and people are strictly enjoyned to observe the same accordingly. Samuel Penhallow, Esq., his debenter, am° 11"^*: ll**: 00<^ for utensils for soldiers marching forth against the Enemy, Esqs. John Gerrish, ) John Plaisted, ) Henry Dow, Esq., The Honorable the Lt. Governor having acquainted this Board that there are several families within the Bounds of this Province next adjoining to Salisbury, and to ascertain them to be within this Province he run the line some years since, having given notice to the Government of the Prov- ince of Massachusetts, who refused to attend]: Ordered, That the said several farmers and families be assessed to the Province Tax, and it be collected by the 282 PROVINCE OF NEW-HAMPSHIRE. [1704. Constables of Hampton, and that the Province of the ^las- sachusetts be notified of this order, and that the Council is willing at any appointed and agreed time to run the Line and submit it to a - - - - and a Committee of both Governments, and that the commanders of the militia also do their duty in the military Government of the inhabitants abovesaid. Upon Col. Romer's remonstrance of the 24'^ May, 1704, given tlie Governor, he was heard at this Board, and all just satisfaction done him by the Governor and the Board in his reputation and service, and every body ordered to attend him in the service. Mr. EUott and Mr. Jeffrey representing to this board that whereas they were directed to join with two of the gentle- men of the Representatives for procuring a House for the reception of the honoral)le the Lieut. Governor, who accord- ingly a])pointed a time and met, but the said gentlemen re- fused to do anything therein. The Secretary was sent as a message to call the House of Representatives to this Board, who accordingly came, and his Excellency made the following Speech in hcec verba, viz. : Gentleinen:— The last time I met you I acquainted you with the state of the Treasury, and your debts and eug-agemeuts ; and had your answer, That if the Impost did not amount you would as you ought take eflfectual care for the discharge of the Debts, and for the necessary incidental growing charges, which I must ex- pect be now immedialely done. The Treasurer lays before you your Debts, and the Receiver the accounts of the Impost; there remains but two months of the year in which time what ever is received shall be duly accounted for. I desire you will grant what is necessary for a just discharge of your engagements, and that you will continue the impost and du- ties for the growing charge, which shall be with all thrift ex- pended ; and you are encouraged so to do for that the pi-ice of Lumber will now much better bear it than last year; and I must desire you to do it now that it may not fail, because I cannot pos- sibly be here just at that season when that Act will expire. I am sure every member of the Assembly is sensible that a!! 1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 283 duo care lias been taken in liei- Majesty's service here that your Debts are justly contracted, and I cannot further proceed in any affair -svithout a discharge of what is past, which you will there- fore grant by a tax to be paid out of the Province in such propor- tion as is usual. In obedience to her Majesty's Command Col. Romer is reform- ing the fort on Great Island, and I must acquaint you that for the four months next coming I cannot have less than twelve men at that place to support the watches, lest we be surprised, and in case of any invasion I have given strict ordei's to all the forces of both the Provinces to repair thither for its defence. What's necessary for the L* Governor and the forces under him who have the charge of the Fort ought to be supplied, or the ser- vice will not go forward. • I am glad in these hazardous times that I can meet you with any safety and that yoixr frontiers have been hitherto preserved, notwithstanding the daily scouting of the enemy around the Province who have had the advantage in other places by the neg- ligence of the watches in several parts. I shall continue to do what in me lies that you may be well guarded, and hope that every body will do their duty in their station. Adj'' till to-morrow morning, nine o'clock. [p. 159.] Province of New Ilampsliire. At a Council and General Assembly held by adj', on Thursday, the 25**" May, 1704. Present, His Excellency, Joseph Dudley, Esq., Governor, Esqs. John Gerrish, ) Jno. Plaisted, ) Henry Dow, Esq. Mr. Secretary Story his dehenter for service as Secretary from the 17*^ May, 1703, to 17"' May, 1704, for his salary and other service, etc., being sent down to the House of Representatives and by them approved of, was allowed of at this Board, amounting to 4G"'% 19', and ordered to be paid out of the 700^^^ Rate. 284 PROVINCE OP NEW-HAMPSHIRE. [1704. Upon complaint of the Treasurer that Constable Crockett, about three years ago, having collected a Rate in Dover fell short of paying the Treasurer five pounds eight shillings, which he hath paid and disbursed since, and said Constable is dead, and left no estate, Ordered, that there be 5^^ 8" 0^ added to the nest Prov- ince Rate for Dover Town, for reimbursing the Treasurer the said sum of 5"' 8^ That in consideration of the honorable service done the Province by Major Hilton, Capt. Davis, Capt. Chisley and Capt. Gilman, in the late expedition, Ordered that they be presented severally : Major Hilton, .... Ca])t. Davis, ..... Capt. Chisley, .... Capt. Gilman, ..... To Capt. Sam^ Chisley for keeping Tho Phipps, the Guide, .... 28 : : Ordered, that seven pounds be paid Col. Thomas Packer out of the next Province Rate in course, being a mistake, or under payment, made him at his Excellency's meeting the Indians in January, 1702. Capt. Jn" Tuttle his Debenter, Am" to 7'" : 10^ : 0^ for scouting and sending forward several Letters for her Maj- esty's service, was read at this Board and allowed five pounds, and ordered to be paid in course out of the next Province Rate. [p. IGO.] Ordered, that Benjamin Leavitt have l'" 10*^ allowed liim for riding post, 11"' Aug', 1703, to his Excel- lency at Roxbury, and to be paid in course out of the next Province Rate. Francis Graves his debenter being read at this Board for several times going Express in the year 1703, for her Maj- esty's service ; It is ordered, that the said Francis Graves have 5^^ 19* paid him in full of his Debenter out of the next Province Rate, in course. lb. B. d. 12 : ; : : 5 ; ; : : 5 ; ; : : 3 : : ; : 1, . 3 ; : : ; 1704.] JOURNAL OF COUNCIIi AND ASSEMBLY. 285 Ricliard Jose, Esq., his dcbenter, Am" to 0'": 1": C'', for summoning and attending the Council and other service for her Majesty, being read, allowed and ordered to be paid in course according to his warrant out of this present Province Rate. Col. Thomas Packer's debenter, am" to 2'": 8« : S^ for meat drinks, f a fine not exceeding live shillings, keep the said snow shoes and mcgasheens continually in good repaire; and if at anytime the said shoes shall be improved in proceeding after the enemy, and wore out or damaged, such shoes and mogasheens shall be repaired and made goo Esqs. John Gerrish, ) John Plaisted, ) Mr. John Hinkes' Debentcr, Am° to 20"^% 5% 2^ being i70i.] JOURNAL OF COUNCIL AND ASSEMBLY. 297 formerly allowed and not entered in the minutes of Coun- cil, now allowed, and ordered to be paid in course out of the public tax of this Proyince. Ordered, that the Treasurer forthwith buy a Ream of good paper, for the use of this Board, and deliver the same to the Secretary for that purpose. John Walker's Dcbenter, am" to 2, 15, 0, for summon- ing the Council, impressing of Horses, tfcc, allowed to be paid in course. Elisha Bryer's debenter, am" to V^% 10, O,for attending the Council as door-keeper, &c., allowed to be paid in course. Zachary Trickey's debenter, am^ to 1, 13, 8, for fer- riage for soldiers, &c.. Allowed to be paid in course. Job Alcok his debenter, am" to 1, 8, 2, for oars for her Majesty's service, allowed to be paid in course, cfec. John Partridge debenter, am" to 10% 6'% for ferriage for soldiers, &c"., allowed to be paid in course, &c. Peter Coffin and John Plaisted, Esqs., their dclienters, am" 1"', 8% 0'\ for expcnces and for their time in apprizing Timber brought for her Majesty's fort, allowed to be paid in course, Esqrs. John Plaisted, \ Esqrs. George Jaffrey, ) Henry Dow, ) Adj'^ till to-morrow morning, ten of the clock. [p. 189.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth by adj*, on Wed- nesday the 25*'' April, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, &c., John Hinkes, 1 George Jaffrey, ^ John Gerrish, > Esqrs. Sam' Penhallow, S Esqrs. Robert Elliott, ) John Plaisted, ) Henry Dow, Esq. A vote was sent up to this Board from the House of Rep- resentatives, that an Act may be past for Reviveing the act of Impost and Excise, &c., upon all Wines, Brandies, Rum and other Goods Imported, &c., for one year, to commence from the last day of July next. Vote upon file. 1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 305 Consented to by the Governor and Council, and ordered that the Secretary draw a Bill accordingly. The memorial of Richard Jose, high Sheriff of said Prov- ince, relating to the insufficiency of the Goal of this Prov- ince, several prisoners having made their escapes thereout, read at the Board, and on file. Ordered, that John Plaisted, Esq., and Mr. John Pick- ering, be appointed a committee to view the said Goal and forthwith make report to this Board of what may be neces- sary to be done for making the said Goal sufficient and strong, whereby prisoners may not escape, and what the charge of so doing may amount unto. A bill was sent up to this Board for settling a salary of one hundred and sixty pounds per annum upon his Excel- lency Joseph Dudley, Esq., Governor, &c., during the Queen's pleasure, to continue the said Colonel Dudley's Government, &c., was read three times at this Board and ordered to be engrossed. Adj"^ till ten o'clock, ante meridiem. [p. 190.] Province of New Hampshire. At a Council and General Assembly, held at Portsmoutli by adj', on Thurs- day the 26"^ day of April, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, etc., John Hinkes, J Sam' Penhallow, ) John Gerrish, V Esqrs. Henry Dow, [ Esqrs. George Jaffrey, ) John Plaisted, ) Mr. Nathaniel Hill, one of the House of Representatives, brought up the following vote, in hoec verba : Whereas, his Excellency, our Governor, this day was pleased to communicate unto the Representatives of this Prov- ince the consideration of the state thereof, referring to M'' Allen's claim, and that there was a fair opportunity 20 30G PROVINCE OF NEW-HAMPSHIRE. [1705. of ending of all differences thercaljout, left the same to their consideration : — Voted, That the Constables of each Town within this Province be forthwith required to convene the freeholders of their respective towns to meet at their usual places of meeting, on Monday the thirtieth of this instant, by ten of the clock in the forenoon, then and there to make choice of two of their principal freeholders of each town, with full power from themselves and their community, to meet at Portsmouth, on Tuesday the first day of May, by twelve of the clock that day, to join with the representatives of this Province as a committee to discourse, debate and determine what may be most advantageous for the benefit of this Province, relating to Mr. Allen's claims of the same. April the 25''^, 1705. Past by the House of Representatives. Sam'l Keais, Clerk. Eodem die. Consented to by his Excellency and Council. Cha. Story, Secretary. Adj'' till to-morrow morning, 10 of the clock. [p. 101.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, the 27*^ April, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, &c., John Gerrish, ) ^ Sam^ Penhallow, \ ^ George Jaffrey, \ ^^'^'^- John Plaisted, j ^^^''• Henry Dow, Esq. Samuel Penhallow, Esq., his deljenter, amounting to four pounds, seven shillings three pence, for fire wood and paper for the secretarys and other pul^lic disbursements, allowed and ordered to be paid out of the Treasury in course, &c. 1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 307 Adj'' till to-morrow, 10 of the clock, ante meredicm. Met Saturday the 28'^, adj;' till Tuesday next, 10 o'clock, ante merediem. At a Council and General Assembly held at Portsmouth by adj', on Tues- day, the first day of May, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, &c., John Gerrish, j ^ Sam^ Penhallow, ) -^ Geo. Jaffrey, ) ^ ' John Plaisted, j ^ ' Henry Dow, Esq. Col. Romer was sent for to this Board to settle his ac- counts aljout reforming her Majesty's fort, W™ and JMary ; and accordingly Colonel Romer delivered in his accounts to this Board. Adj*^ till to-morrow morning, 10 of the clock. [p. 192.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Wed- nesday the 2*^ day of May, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, &c.-, Peter Coffin, ) George Jaffrey, ] John Gerrish, > Esqrs. Sam' Penhallow, > Esqrs. Robert Elliott, ) John Plaisted, ) Henry Dow, Esq. John Walker, his debenter, amounting unto 2"' : 1' : 0**, for his attendance upon the Council, and pressing of men for her Majesty's service, allowed and ordered to be paid in course, &c. Upon reading the petition of the inhabitants of Kingston, praying to return, &c., Ordered, that the petitioners have liberty to return thither at MLchailmas,* provided they be not less than thirty fami- *A festival of the Catholic church, celebrated September 29th. 808 PROVINCE OF NEW-HAMPSHIRE. [1705. lies, that they lay out in the centre of their place a fort, and a Lot for the parsonage there, and that they settle an able Orthodox minister within three years next coming, and they have leave to renew their grant, with these conditions. Ordered, that the supply of the service of the War, for soldiers and other incidental charges during the recess of the Assembly, shall be made by the Treasurer, by warrant from the Governor and Council, and paid and answered to him out of the present tax, by warrant for the same. These two several Bills, having past both Houses, were consented to by his Excellency and by him signed accord- ingly : A Bill for settling a salary of one hundred and sixty pounds per annum upon his Excellency Joseph Dudley, Esq., Governor ; A Bill for continuing several Rates and duties of custom, Excise, Impost, Penhallow, > Esqrs. John Gerrish^ ) John Plaisted, ) Henry Dow, Esq. Mr. Secretary Story's debenter, am" to fifty nine pounds, eighteen shillings, for his service as secretary from the IT'*" May, 1704, to the 17"' May, 1705, being approved by the Assembly, was this day allowed by his Excellency and Council, and ordered to be paid out of the present Rate iu course. 1705.] JOUENAL OF COUNCIL AND ASSEMBLY. 309 Mr. Attkinsoii's debcnter, am" to 32'" : 7' : 10'^', for soldiers' wages, shallop hire, and material for the fort, was allowed and ordered to be paid in course. Mr. John Campbell his petition, relating to an encour- agmcnt for the Post Office, was this day read, and ordered that six pounds be paid him out of the next province Rate, for his Extraordinary Service in forwarding his Excellency's and the Government letters for her Majesty's service relat- ing to this Province, and to be in full for the year past and until the IS''' June next. Ordered, that Mr. George Jaffrey be appointed to audit the account of the Officers and soldiers at the fort for the two years last past, ending the 17"' May next, and make a true Muster Roll, and that the secretary give notice to the several officers and soldiers aforesaid, to bring an account of what is due to them to the said Mr. Jaffrey. Ordered, that Mr. Treasurer for the future pay orderly to the several creditors to the Treasury of this Province, that is to say, according to the several dates of the warrants, signed by the Governor in Council, except by express order of the General Assembly, or the Governor in Council, for special and immediate service of the Province ; — All other payments to be accounted disorderly, and shall not be allowed. Voted in Council. J. Dudley. Cha. Story, Secretary. [p. 194.] Mr. Jaffrey and Mr. Plaisted are appointed a committee to inspect and Audit the Treasurer's accounts, and to make the Defalcations ; Ordered, aiid they are to take care that there be no defalcation for more upon Beef and Boards than was bona fide received and paid upon the province Account. Mem'' : there is not to be allowed any defalcation in the payment of Beef to the soldiers of the Garrison or else- where, nor to laborers or handy crafts men, who are ordered 310 PROVINCE OF NEW-HAMPSHIRE. [1705. to be paid as the provisions are set by the Assembly in the tax. Signed in Council. Per Order J. Dudley. Cha. Story, Secretary. Adj'* till to-morrow morning, 10 o'clock. Province of New Hampshire. At a Council and General Assembly? held at Portsmouth, on Friday the fourth day of May, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, &c,, Peter Coffin, J John Plaisted, j John Gerrish, > Esqrs. Sam' Penhallow, > Esqrs. George Jaifrey, ) Henry Dow, ) A Bill for raising of eight hundred pounds for defraying the public charge of this Province, being three times read and consented to by the Assembly, was past and enacted. Prorogued till Wednesday, the 25'^ of July next, 10 of the clock, forenoon. [p. 195.] At a Council and General Assembly, at Portsmouth, on Wednesday, the 25"' July, 1705. Present, Peter Coffin, ) George Jaffrey, J Robert Elliott, > Esqrs. Sam' Penhallow, \ Esqrs. Nath' Weare, ) Henry Dow, ) Additional instructions to his Excellency Josepli Dudley, Esqr., Capt. General and Commander in Chief, etc., of the Province of New Hampshire, in New England, in America, &c., was read at this Board, and ordered that the Secretary enter the same in the Council Book. 1705.] JOUENAL OF COUNCIL AND ASSEMBLY. 311 Ratification of the Act obliging the inhabitants of her Majesty's Province of New Hampshire to do Military service, vras read at this Board, and Ordered that the Secretary filter the same in the Council Book. Capt. Rednapp, her Majesty's engineer, was sent, fur to this Board, being asked if he had finished the brcacli of the two angles of her Majesty's fort, William and Mary, at Newcastle, and if lie had any occasion to complain for want of laborers or workmen ; Answered, he had finished what he was directed by his Excellency and this Board to do, and that he had been well attended with laborers and workmen. Ordered, that Capt. Walton, Commander of her Majesty's fort, William and Mary, fortliwith dismiss all the Quakers under confinement in the said fort, and signify the same to Capt. John Tnttle, of Dover, And that the said Quakers had done no duty at the said fort ; and that the Secretary issue forth an order to Capt. Walton accordingly. Pursuant to his Excellency's Letter of the 15'" July, 1705, signifying that the Secretary's defalcations upon Beef might be considered, and that IT'" : 14% being the remaining of the Treasurer's account, be Ordered to be paid the secretary, till a further consideration at his Excellency's next coming there. Ordered, that the Treasurer pay the Secretary the said 17'" : 14% accordingly. Ordered, that the Treasurer deliver three barrels of Pow- der to Capt. Walton, which he received upon Tonnage of shipping for the Province use, and that the Treasurer take Captain Walton's receipt for the same. [p. 196.] L' Attkinson deP into this Board an account of all the guns, stores, &c., belonging to her Majesty's fort, W™ and Mary, as upon file. Samuel Penhallow, Esq., Treasurer and Commissary General, took the following Oath : That since the year 1699, he hath received of all ships 312 PROVINCE OP NEW-HAMPSHIRE. [1705. or vessels coming into the Eiver the full duty of powder money or species, according to their Tonnage, and the Acts of this Province for such duty, excepting only the two Mast ships, who have several times been abated by Orders of Council, or excepting any other in the like nature. Upon the request of Robert Smart, son of Robert Smart of Exeter, in said Province, deceased, and reputed brother to John Smart formerly of said Exeter and late of New York, deceased, desiring to be so certified under the public seal of this Province, and several of this Board well know the same. Ordered, that the Secretary draw a certificate accordingly, to be signed by the first nominated person in the Council, and couiitcr signed by the Secretary, and to affix the public seal of the Province Thereto. Pursuant to his Excellency's Letter of the IT"" instant. Ordered that the Assemldy be prorogued till the first Wed. nesday in October next, and that the Secretary give notice to the Assembly accordingly. [r. 197.] ANNE R. [Duplicate.] Additional Instvuctiou to our Trusty and well beloved Joseph Dudley, Esq., our Capt. General and commander in chief of our Province of New Hampshire, in New England, in America; and in his absence to the Commander in Chief of our said Province for the time being. Given at our Castle at "Wind- sor the 17"^ day of July, 1704, in the third year of our Eeign. AV^hcreas by the third article of our Instructions to you, accord- ing to several Laws relating to the Trade and iiavig-ation of this our kingdom of England, and our colonies and plantations in America, You are requii-ed to take care and give in charge that no goods or commodities whatsoever be imported into, or ex- ported out of, our Province of New Hampshire under your gov- ernment, in any ships or vessels, but in such whereof the master and three fourths of the Marriners, at least, are English ; and whereas by a clause in an act past the last session of Parliament, entitled an act for raising recruits for the land foi-ces and mar- riners, and for dispensing- with part of the act for the encourage- 1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 813 ment and increase of shipping and navigation during the present ■war (copy whereof you. shall lierewith receive), It is enacted tliat during the present war and no longer, Tlie number and pro- portion of niarriners to sail in sucli ships or vessels, whicli by laws now in force are limited to the master and three fourths of the Marriners to be English, shall be enlarged to the master and one moiety of the marriners at least to be English: It is our will and pleasure that you take care and give in charge to the proper officers that the said act be observed in our Province of New Hampshire, under your government, during this present war accordingly. A. It. [p. 198.] Copy of a clause of an Act past in the third year of her lyiajesty's reign, entitled, An Act for raising re- cruits for the Land forces and Marines, and for dispens- ing with part of the Act for the encouragement and increase of shipping and navigation during the present War : And whereas, by the Laws now in force, the navigating of shipps or vessels in diverse cases is required to be the master and three fourth part of the marriners at least being- English, under divers penalties and forfeitures therein cori- tained ; And whereas, great numbers of seamen are em- ployed in her Majesty's service, for the manning of the Royal Navy, soe that it is become necessary during the present war to dispense with the said laws, and to allow a greater numljcr of foreign marriners for the carrying on of Trade and Commerce : Be it therefor enacted by the Authoritye aforesaid, that during the present Warr, and no longer, the number and proportion of marriners to sail in such shipps or vessels, which by any law now in force are limited to the master and three fourths of the marriners to be English, shall be enlarged to the master and one moiety of the marriners at least to be English ; And that it shall and may be Lawful to and for the owner and owners of any such shipp or vessel to navigate the same with such marriners, whereof the master and one moiety of the marriners at least 314 PROVINCE OF NEW-HAMPSHIRE. [1705. shall Lc English, without incurring any penal tye or forfeiture for so doing; and without subjecting the goods or merchandize loadeii on such ship or vessel to any other Customs, duties or payments than should have been paid for the same in case the same shipps or vessels had been navigated by a master and three fourths of the marriners being English, any former Law or statute to the contrary thereof in any wise, notwith- standing. [p. 1U9.] 22^^ November, 1705. The General Assembly met, and, pursuant to his Excellency's- Letter of the 16*'^ of November instant, the said General Asseml)ly were pro- rogued until the 29"^ day of November, at twelve o'clock. 29'^ November, 1705. The Assembly met, and, pursuant to his Excellency's letter of the 26"^ November, they were prorogued to Thursday, the sixth day of December, at twelve of the clock. 6'^' December. The Assembly met, Pursuant to his Ex- cellency's letter of the third of this instant December. The Assembly were prorogued till the thirtieth instant, at twelve o'clock. Province of New Hampshire. At a Council and General Assembly, held at Portsm", by prorogation, the 18*'' December, 1705, Ante Merediem. Present, His Excellency Joseph Dudley, Esq., Governor, Peter Coffin, ) Sam' Penhallow, ) Robert EUott, [ Esqrs. John Plaisted, \ Esqrs. George Jaffrey, ) Henry Dow, ) The xVssembly being sent for to this Board, accordingly came, and his Excellency made the foil, speech : Gentlemen: — It is eight months since your last recess, diiriug: which time by the favor of Ahnighty God, the Province has beeu safe iu all parts, 1705,] JOURNAL OP COUxXCIL AND ASSEMBLY. 315 notwitlistauding- the scouts of the enemy look upon us everywhere. It is what I expected from the distance the Indians are now lodged from us ; And therefore I abated any standing forces and counted a small marching party for a short time sufficient; but our security this winter must depend upon a large circular march once amontli at least, for which I shall give speed)^ order; And if the ordinary marches of the forces in the Province of Maine be duly kept, and the poor people will bear the inconveniences of their strict Gan-i- sous, we shall be safe. Mr. Treasurer acquaints me the Province is in Debt, which I have directed liim to lay before you, whicli with the growing charge nmst be provided for. I must acquaint you that I have before me the complaint of the officers that followed Lt. Colonel Hilton to Neridgawack, that they were paid no otherwise than private sentinels. I am sure you will allow me to march the Queen's Subjects in this necessary service, as I shall think lit; and when I have soldiers I must have officers? and they must be paid. I have used all methods possible to keep the ProA'ince easy, and you shall not need to study that point lest you discourage your best men to the hurt of the service; for though I can draw men out of the files, Officers expect, as they deserve, other treatment, or>the service will utterly fail. If you have any thing for the benefit of the Province to oflerme, I shall heartily put it forward as the short session will allow. [p. 200.] Province of New Hampshire. At a Council and General Assembly, held at Portsmouth, the 13"^ day of December, 1705, Post Merediem. Present, His Excellency Joseph Dudley, Esq., Governor, etc., "W" Yaughan, ^ Sam' Penhallow, J Peter Coffin, I t;.. - ,.« Jo^iii Plaisted, J Esqrs. Robert Ellott, p^'l'^- Henry Dow, ) George Jaffrey,J Major W^ Vaughan, Esq., was sworn a member of Her Majesty's Council, and took the oaths appointed by Law, &c. Thomas Phipps, Esq., was sworn Clerk of the Council (Pro hac vice) and took the oaths appointed by Law, &c. 316 PROVINCE OF NEW HAMPSHIRE. [1705. Upon application of Robert Ellott, Esq., for al)atemcnt of impost, etc., amounting to ten pounds, which Ijccame due for goods brought into this Port in a vessel that was taken by the French which he had redeemed at a very dear rate, Ordered, that the said sum of ton pounds be abated. Upon reading the petition of John Abbett, about his son that is gone hostage with the French, George JatFrey, Esq., appearing, made answer that due care was taken for the re- demption of his son, Joseph Abbett, and that Mr. JafiTrey's correspondent, Mr. Lucas, in Antegoe, had so assured him. Upon reading the petition of Mr. John Campbell for an allowance from this Province to encourage the Post Office, (Made out 22'^ S'"', 170(3.) Ordered, that he be paid six pounds out of the Treasury when tlie next Province rate is collected. Adj"* till ten o'clock to-morrow morning. [p. 201.] - Province of New Hampshire. At a Council and General Asseml)ly held at Portsmouth on Saturday, the 15"' of December, 1705. ^ Present, His Excellency Joseph Dudley, Esq., Governor, Sec, W™ Vaughan, ^ Sam' Penhallow, ) y Robert Ellott, > Esqrs. Henry Dow, ) ' ^ ' Peter Coffin, ) The Council consented to a vote of the Representatives, referring to a Deed of Land on file, belonging to William Partridge, Esq., that he have the original, leaving a copy on file with the keeper of the papers. Upon a petition from Richard Waldron, Esq., setting forth tluit in the ship Richard and Margaret, late arrived from Barbadoes, there were certain goods shipi)ed by bills of loading for the port of Boston in the ]\[assschusctts Provhice, which goods being imported into this Province, 1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 317 the Treasurer demands the Impost thereupon ; notwitli- standhig are bona fide belonging to Boston, and not intended to be landed or sold here, but to be sent to Boston accord- ingly. Ordered, that the duty be not presently taken by the Treasurers, but that the said Waldron be obliged to return, within two months, a certificate from the proper otTicer in Boston, that they are there landed, and that the petitioner be thereupon discharged of the said Impost. And that this be a rule in like cases referring to any duties of Impost payable by the Act of Assembly, and not otherwise. Col. Partridge informing the Governor and Council that there was advanced to Lieutenant Colonel Hilton, for his company of volunteers to Narridgwack, four pounds, seaven shillings and six pence, in rumm from the Massachusetts Commissary at Casco Bay, for which his note is out, [p. 202.] Ordered, that the Treasurer pay the said four pounds, seaven shillings and six pence to the commissary aforesaid, he giving up the said Colonel Partridge's letter, and Hilton's receipt with a discharge there upon. Adj'^ till Monday, 10 o'clock, Ante Merediem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj' the IT*'' of December, 1705. Present, His Excellency Joseph Dudley, Esq., Governor, Robert EUott, ) ^ Henry Dow, \ ^ George Jaffrey, ] ^ ' Sam' Penhallow, \ ^ Mr. George Jaffrey produced a letter dated the 16* of August, under Mr. Lucas his hand, wherein he assures him that eifectual care was taken for the ransom for Joseph Abbett, who was left Hostage with the French. 318 PROVINCE OF NEW-HAMPSHIRE. [1705. Upon reading a petition exhibited to this Board by John Pindar and Sarah his wife for a new hearing of a certain complaint, heard formerly at the Quarter Sessions, In answer to the petition, the Govern'^ and Council being advised that the matter has been once reheard by the Ses- sions by direction of this Board, see not reason further to be trouljled therewith ; but for that Pindar prosecuted in her Majestie's name doe direct that there be noe execution granted against him for charges of that prosecution until the Session may assign their reason for that order before this Board, it being usual in those cases that each party bear their own charges. Upon reading the petition of Theodore Attkinson, Esq., [p. 203.] Ordered, that he be allowed the sum of twenty seven pounds, as under written to his account, on the con- ditions therein expressed. Upon application of Mr. George Jaffrey for pay of ten wheel Barrows, Ordered, that he be allowed fifty shillings by the Treas- urer out of the next Province Rate. Adj'^ till three o'clock, post merediem. [p. 204.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj' on the IT"' day of December, 3 o'clock, Post merediem? anno Domini 1705. Present, His Excellency Joseph Dudley, Esq., Governor, December, 1705. The Assembly was adj'^ by his Excellency until the first Thursday in April, 10 of the clock, forenoon. Met, and adj'^ by proclamation to the first Wednesday in May, 10 of the clock. Ante merediem. [p. 209.] Met, and adj"^ till the 9'*^ of May next, 10 of the clock, ante merediem. Met, and adj"^ till Wednesday, the 10 of July, Ante mere- diem. Met, and adj'^ till Wednesday, the 17"^ July next, 10 of the clock, ante merediem. Province of New Hampshire. At a Council and Gen" Assembly held at Portsmouth by adj* on Wednesday, the 17"' of July, 1706, ante merediem. Present, The Honourable John Usher, Esq., L* Governour, Major W" Vaughan, ( ^ George Jaffrey, ) ^ Robert Ellott, j ^ Sam' Penhallow, \ Henry Dow, Esq. Mr. Secretary Story was sent as a message to call the House of Representati^•€s to this Board, who accordingly came, and his Honour the L* Governour made the follow- ing Speech, in heec verba sequen (viz.) ; 170C.] . JOUENAL OF COUNCIL AND ASSEMBLY. 325 Gentlemen, — The pressing occasions of the -svavr, botli by sea and hand, prevents his Excellency's meeting you in person at this present session. By his Excellency's direction, I am come into this his Majesty's ProWnce, and am to acquaint you that it is absolutely necessary for the raising of money for the payment of Debts due from the Province, and a supply for the service of the warr. The Enemy surrounding and pressing upon us, and for want of a fund in the Treasury for supply of provision, &c., there can be no march against the enemy, and judge not less than five huirdred pounds, besides payment of debts, is requisite ; your proportion of Rates equal to your neighboring Government this year, would Am" to tAVO thousand two hundred pounds. [p. 210.] I acquaint you by reason of Col. Hilton's having not a supply of provisions, he cannot march for security of the Prov- ince, and there is no credit in the Treasury. I present you with his Excellency's Letter as to this weighty affair, not doubting of your readiness and compliance therewith and dispatching of so great a concern, the preservation of her Maj- esty's subjects depending thereon ; and nothing shall be wanting in promoting the same by me. The Hon'''* the L' Govemour was pleased to ask the Treasurer for an estimate of the Province debts, which was delivered in at this Board, Am° 1356 "^ : 6 ^• ^ and was sent down to the House of Representatives by Robert Ellott, Esq., and Mr. Treasurer, who was desired to lay the same before that Board. Colonel Hilton was sent for to this Board to give an ac- count of what provision was needful for the army, and was ordered to go to the House of Representatives and acquaint them with the same. Adj*^ till 3 o'clock, post merediem. 326 PROVINCE OF NEW-HAMPSHIRE. • [170C. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj' on Wednesday, the 17"^ July, Post merediem, Anno Domini 170G. . Present, The Hon^''° John Usher, Esq., L' Governor, Major W"> Vaughan, ) ^ George Jaffrey, ) ^ Robert EUott, \ ^^^^' Sam' Penhalluw, j ■^'^^^• Henry Dow, Esq. Theodore Attkinson, his account about Ijilleting O'. laborers at the fort W™ and Mary, and for overseeing the sodd work at the said fort, and for cutting of sodds upon Mr. Cutts' land, Am" to twenty-seven pounds, was allowed in Council- Mem'\ that I issue no warr* out for the payni' till further order. Adj'^ till Friday, two o'clock post merediem. [p. 211.] Province of New Hampshire. At a Council and General Assemljly held at Portsmouth on Friday, the 19"' of July, by adj', Post merediem. Anno Domini 1706. Present, The Hon'''« John Usher, Esq., [L'] Govcrnour, Major W™ Yaughan, ) George Jaffrey, ^ Peter Cofhn, > Esqs. Sam' Penhallow, > Esqs. Robert EUott, ) John Plaisted, ) Henry Dow, Esq. Mr. Secretary Story w^fts sent as a message to the House of Representatives to acquaint them that if tliey had any- thing to offer to this Board, to send the same up. The House of Representatives sent up the following vote, in hsec verba sequen : Voted, that for the supply of provision for the forces that shall be sent forth against her Majesty's French and 1706.] • JOURNAL OF COUNCIL AND ASSEMBLY. 327 Indian enemies, there be a Rate forthwith made on all persons and estates throughout this Province, to the value of one hundred pounds money, and paid unto the Treas- urer by the first of September next coming. Per Saml. Keais, Clerk. Read in Council and voted that a Bill be drawn and past into an Act, and that the Towns be proportioned. Cha: Story, Secretary. The several Acts following having been three several * times read, was past and enacted : An Act for Raising of 700"^^ An Act for continuing of Excise, Impost and tonnage of shipping. An Act for supply of the forces with provisions. Mr. William Cotton's debenter, Am° to 4 ^''': 10 ^ : 0^ for one barrel of pork for her Majesty's service, and for a Horse and a man to wait upon the L' Governor to Boston, was read at this Board, and ordered to be paid out of the Treasury in course. Mr. Samuel Penhallow, his debenter, Am° to 12 "^: 3 ": 2 ^, for provisions and other necessarys for the forces marching against the enemy. Allowed and orderct\ to be paid out of the 100"'' rate for supply of the forces. Prorogued till Wednesday, the 24"^ instant, 10 of the the clock, ante merediem. [p. 212.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on Wednesday the 24^ July, 1706. Present, The Hon'''" John Usher, Esq., Lieut. Governor, Major W" Vaughan, ) Sam^ Penhallow, "j Robert Ellott, V Esqrs. John Plaisted, ^ Esqrs. George Jaffrey, ) Henry Dow, ) Ordered, that George Jaffrey and Samuel Penhallow, 328 PROVINCE OF NEW-HAMPSHIRE. [170G. Esqrs., be appointed as a Committee to join with a Com- mittee of the House ' of Kepresentatives to consider of wording an address to be sent to her Majesty, relating to his Excellency the Governour. A vote was sent up from the House of Representatives that William Cotton and Samuel Keais be a Committee to join with the committee of this Board in drawing and word- ing the address above mentioned, which was consented to by the Council. Adj'^ till to-morrow morning, 10 of the clock. [p. 213.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the 25"* July, 1706, ante merediem. Present, The Hon^"^ John Usher, Esq., Lieut. Governour, Major W- Yaughan, j ^ Sam' P^nhallow, j ^ George Jatfrey, \ ^ John Plaisted, \ ^ Henry Dow, Esq. An Address to the Queen's Majesty is agreed upon and drawn up by both Houses in these words foil : To the Queen's Host Excellent Ilajesty. The humble address of your Majesty's Council and Represeuta- tives of your Majesty's Proviuce of New Hampshire, iu JSTew England, convened in General Assembly, Most humbly sheweth : — That your Majesty's Loyal Subjects, the Inhabitants of this Prov- ince, having been always happy since your Majesty's accession to the Crown under your Majesty's protection and Government, are humbly bold to acquaint your sacred Majesty, that notwithstand. jno" the very great troubles this little Proviuce lies so immediately exposed unto by the barbarous savages and French, our neigh- bors; Yet by the good Providence of Almighty God, the courage, care and prudence of Colonel Dudley, your Majesty's Capt. Gen- eral and Governour, we have been exceedingly preserved beyoud what has been in former wars ; and are perfectly satisfied with the disposal of the people and arms of the Province aud the just ex- 170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 829 I)euccs of our money at all times under our present Governor's management, as well as the administration' of the civil Govern- ment, and humbly pray, if it may consist with your Majesty's pleasure, that he may be continued in the Government of this Prov. ince ; which we are well assured will always have a tendency to the promotion of j'our Majesty's interest here as well as the ease and satisfaction of all your Majesty's good siibjects, inhabitants therein. • And wee further pray to be admitted, as the meanest of your Majesty's most dutiful subjects, [p. 214.] humbly to congratulate your Majesty's most glorious success against the common enemy; which that they may be perfected, and that your Majesty's victori. ous arms may give a happy and lasting peace to Europe, is the prayer of Your Majesty's John Pickerin, Most dutiful and obedient Subjects, Speaker. Signed in presence and by order of the Chas. Story, Secretary. House of Eepresentatives. Signed in presence and by order of the Council. Yotcd, that tlie Honourable the Lieut. Governour be Immbly desired to cause tins Address to be laid before her most Excellent Majesty, in behalf of the Council and As- sembly. Per Order of the House of Representatives. Sam' Keais, clerk. Consented to by the Council the 25"' July, 1706. Chas. Story, Secretary. The Lieut Govern*' was pleased to acquaint this Board, that according to their request he would transmit the said Address with all possible expedition to her Majesty. Adj'^ till three o'clock, post merediem. His Honour acquainted this Board that his Excellency was come into the Province and would sit in Council this after- noon. 330 PROVINCE OP NEW-HAMPSHIRE. [170G. [p. 215.] Province of Now Hampshire. At a Council and General Assembly- held at Portsmouth by adj' on Thurs- day, the 25'^ Jiily? Post merediem, Anno Domini 1706. Present, His Excellency Joseph Dudley, Esq., Govei*iiour, Major W™ Vaughan, ) p, Sam' Penhallow, ) ^ George Jaffrey, \ ^^^^^' John Plaisted, \ ^^^^^' Mr. George Jaffrey and Mr. John Plaisted were sent as a message to the House of Representatives to discourse them in raising of money for payment of officers and soldiers, &c. A vote was sent up to this Board from the House of Rep- resentatives, desiring his Excellency would be pleased to consider of the great charge at her Majesty's fort, W"' and Mary, and ease the same. A vote was sent uj? to the Governour and Council about raising 100"^^ to pay the officers and soldiers under the command of Lieut. Colonel Hilton, for this year. Adj*^ till 10 o'clock to-morrow morning. [p. 216.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj*^ on Friday, the 26"' July, 1706. Present, His Excellency Joseph Dudley, Esq., Governour, Major W™ Yaughan, ) ^ Geo. Jaffrey, ) p„^^^ Peter Coffin, { ^^^^^- Sam^ Penhallow, \ ^^^^^• John Plaisted, Esq. The following vote was sent up from the House of Rep- resentatives, in ho3C verl)a sequen : Yoted, that there be a message sent from this House to the Governour, humbly praying that he will direct that the Treasurer's accounts be duly and fairly kept at all times? 1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 331 And Early and in every session be laid before the Assembly from time to time. Past by the House of Kepresentatives. Sam^ Keais, Clerk. Consented to by the Council, and that the accounts ac- cordingly pass to the House of Representatives the first day in (ivery session. Chas. Story Secretary. Mr. Secretary Story's account of fifty. pounds, ten shil- lings and six pence, containing his salary and other per- quisites for the year ending the 17*^ of May last past, allowed in Council. The bill for raising of one hundred pounds for payment of the standing forces, under the Command of Lieutenant Colonel Hilton, having been three several times read, was past and enacted. ■ Prorogued till Wednesday, the 25"^ of September, 1706, twelve of the clock, at noon. Gone for England 16"^ September, 1706. [p. 217.] 25*^ September, 1706. Met, and adjourned till the eighth day of October next ensuing. 8*"^ October, 1706. Met, and adjourned till Thursday, the lO''^ instant, twelve of the clock. [p. 218.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj' on Tuesday, the 15'" of October, 1706. Present, His Excellency Joseph Dudley, Esq., Governour, &c., Major W- Vaughan, ) ^ Sam^ Penhallow, ) ^ Robert EUott, \ ^'^'- John Plaisted, ( ^"^'• Henry Dow, Esq. This day his Excellency arrived in Portsmouth, in New 332 PEOVINCE OF NEW-HAMPSHIRE. [1706. Hampshire, to his Government, and communicated a letter from t'he Hon''^'" the Lords Comm" of Trade and Plantations , dated Whitehall, May the 31^*, 1706, which was accor- dingly read, and a Thanksgiving day appointed on Tlmrs- day, the 17"' instant. Adj'^ till 3 o'clock, post merediem. Province of New Hampshire. At a Council and General Assem1)ly, held at Portsmouth ])y adj' on Tuesday, the 15*'' October, Post merediem. Present, Major W™ Vaughan, ) Sam^ Penhallow, J Robert Ellott, [ Esqs. John Plaisted, V Esqs. Geo. Jaffrey, ) Henry Dow, ) The honorable the L* Governour delivered a memorial to this Board, relating to service of her Majesty and his great disbursements, ' and this Board, her Majestic in her gracious Letter, dated Wliitehall, 20"^ April, 1703, pleased to di- rect the Governor of this Province to lay before the Assembly that in regard of her Majesty's receiving her good subjects of tliis Province under her imediate protection and Government, that they do forthwith settle a coiistrainte* and affixed allowance upon her Majesty's Governour and Lieutenant Governour for time be- ing, reference to said letter being had more amply appear. For these three years have served her Majesty as Lieutenant Governour, both in summer and -winter, on all occasions, pvirsuant to Orders and directions from his Excellency; from time to time have been at Great disbursements for my Lodgings and dyet for which never allowed any thing, besides expence of time. Desire this honorable Board will take same into consideration, * Constant? 1706.] " JOURNAL OF COUNCIL AND ASSEMBLY. 833 that there may be allowance for his disbursements and service in this her Majesty's Government ; all which is humbly submitted to ljy John Ushek. 'New Castle, 15"» October, 1706. 15"' October, 1706. Eead in Council, and to be read again to- morrow. [p. 220.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj* on Wednesday, the 16"^ of October, 170G. Present, His Excellency the Governor, Major W°^ Vaughan, ) Sam' Penhallow, j ^ John Gerrish, > Esqs. Henry Dow, ) Geo. Jaffrey, ) Mr. Secretary was sent down as a message to the House of Representatives to call them to this Board, who ac- cordingly came, and his Excellency the Govern our made the following speech, in hsec verba sequen : Gentlemen,—! am glad to meet you to congratulate you of the happy news of her Majesty's glorious victory in Spain and Flan- dei's, and of your own preservations in both the Provinces the summer past, notwithstanding the frequent marches of the enemie upon the frontiers. I have endeavored to keep the expence as low as the security of the inhal)itants would allow ; and I am glad to be with you at your solemn Thanksgiving to Almighty God for all tlicse his bles- sings , The Summer expence is not fully provided for, the Treasurer's accounts will shew you, which you will take care of; and if there be anything necessary for the benefit of the Province, I shall be always ready to agree and represent it to your advantage, and you may not doubt of her Majesty's favor while you continue to do your duty for the just honors of the crown and your owne pres- ervation. 16* October, 1706. Mr. Bridger's commission was read as surveyor of her Majesty's woods, &c., and the Governour acquainted the Council that from letters from the R* Hon'^''^ the Lords 834 PROVINCE OF NEW-HAMPSHIKE. [1706. Comm" of trade and plantations, [p. 221.] he was commanded to be assisting- to the said surveyor, and to put forward the .... after which Mr. Bridger's memorial was read, and ordered to be sent down to the Representatives. And the secretary was further advised on Friday, to lay before the Assembly the present Laws for the securities of Great Tim- ber, that the Surveyor may further propose what is neces- sary for her Majesty's service in putting forward naval stores. Adj'' till Friday, 10 of the clock, Ante mcrediem. Commission of John Bridfjer, Esq. [Copied from " Commissions," «&c., in Secretary's Office.] I^OTE. — The Editor has taken the liberty to abridge this Commission, omitting only those jiarts which are formal and repetitious. ANNE R. Anne, by the Grace of God, Queen, &c. '' Judging it to be of great advantage to our service, That all our Dominions be furn- ished with Masts, Pitch, Tar,JHcmp and all other Naval stores from our said Colouies and Plautations : Know ye, That wee, reposing especial trust and coutideuce in the skill, diligence and integrity of the said John Bridger in and for the execution and perform- ances of the several services abovementioned, and for other good causes and considerations us hereunto moving, of our special grace, certain knowledge and meer motion, Have nominated, constituted and appointed, and do hereby nominate, constitute and appoint him, the said John Bridger, to be surveyor-general of all and singu- lar our Woods within all and every our Plantations in the Conti- nent of America, now growing or being, or which hereafter shall or may Grow and be within our said Colonies & Plantations, or any of them ; and wee doe hereby direct, authorize and require the said John Bridger to instruct our loveing subjects within our said Colonies in making pitch and tar, raising and curing of hemp» and in all the matters relating to the production and the manufac- turing of Naval stores there : To hold, execute and performe the said office of Snrveyor General, during our pleasure, &c. ; and we have thought tit to grant and allow unto him, the said John Bridger, a Salary, or yearly Sum of two hundred pounds of lawful money of England &c. . . And we do hereby authorize and re- quire the said John Bridger, his Deputy or Deputies — at al convenient times and seasons in the year, to view and Survey all 170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 335 ouv said AVoods aud Timber ; and alsoc to mark such of the said Trees that now or hereafter shall be titt and proper to be taken for the use of our Nav}^ ; and to keep a Eegister of the same ; trans- mitting half yearly or oftener an Account of his proceedings herein to our High Admiral, or Commissioners for executing the office of High Admiral for the time being, to our High Treasurer or Commissioners of our Treasury, &c. . . . And, lastly, all our Governors, Lt. Governors, Justices, Constables, and all other our Civil officers within our said Colonies, &c. . . Are to be aiding, &c.,the said John Bridger or his Deputys, &c., in the due execu- tion of his and their duty," &c. Given at our Court at Saiut James,- the twenty-foui'th day of December, 1705; In the fourth year of our Eeigne. By her Majestie's Command. GODOLPHIN. 18"^ October, 1706. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Friday, the 18«^ October, 1706. Present, His Excellency the Governor, Major W" Yaughan, ^ Peter Coffin, > Esqrs. George Jaifrey, ) j^g .g John Gerrish, ) John Plaisted, j ^ The Bill for the better collecting the duties of excise and to prevent Retailers of Liquors to sell without License was sent up to this Board to be enacted. The Bill for reviving of Actions and processes lately de- pending in the Superiour Court of Judicature, of Assize and General Goal delivery, &c., within this her Majesty's Prov- mce of New Hampshire, and discontinued by the not holding of the said Court at Portsmouth, the second Tuesday in August last past, 1706, was sent up to this Board by the Representatives to be enacted. [p. 222.] Ordered, that the Treasurer forthwith pay to the Honorable the Lieut. Governour four pounds, for his 336 PROVINCE OF NEW-HAMPSHIRE. ^ [1706. Travelling expenses in coming into tliis Province for her Majesty's service. (Order out.) The Representatives' answer to the L* Governour's me- morial was sent to this Board in these words : 3Iay it please your Excellency and Council,— As to what was presented to this House referring to the Lieut. Governour's appli- cation to your Excellency and Council, now before the Assembly, we humbiy offer this, in answer :— According to her Majesty's di- rection, wee have done to the utmost of our abilities, and find that by your Excellency's Orders, several pounds every year has been paid by the Treasurer for defraying the L' Governour's charges ; should, if able, have been willing to have done more, but consid- ering the poverty of the inhabitants and the great growing charges Risen and arising, are not capable of adding further at present. Sam' Keais, Clerk. October 18"^, 1706. A vote about the Records was sent up to this Board, in haec verba : Forasmuch as the Assembly is informed that there re- mains one New Book of the Province Records in Samuel Penhallow, Esq.'s hand, all the rest being delivered unto Major Yaughan, the Recorder for the Province : The As- sembly prays that your Excellency and Council would order the delivery of the said Book of Records to the said Recorder. Past by the House. Sam'l Keais, Clerk. October 18»'>, 1706. Eodem die, read in Council, and ordered that all the Books relating to the Recorder be put into his hands. Cha. Story, Secretary. [p. 223.] The memorial of John Bridger, Esq., was read at this Board, in haec verba : To his Excellency Joseph Dudley, Esq,, Capt. General and Gov- ernour in Chiel'e of her Majesty's colonies of the Massachusetts Bay and New Hampshire, and to the Council and General As- sembly of New Ilampshire: 1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 387 The memorial of John Bridger, Surveyor General of all her Majesty's woods, on the Continent of America, Sheweth : — Tliat whereas her Majesty has been most graciously pleased by Her Commission to me granted and instructions commanded, to preserve and keep as much as in me lies, all her Majesty's woods from spoil and waste that shall or may be made for the future, by any of the inhabitants of her Majesty's colonies in America, pur- suant to a clause in the charter of the Massachusetts Bay, wdiich reserves all trees to her Majesty's use of twenty four inches diam- eter at twelve inches from the ground and upwards, from being cut, felled or destroyed, on the penalty or forfeiture of one hun- dred pounds to her Majesty, her heirs and successors, for every such tree cut, felled or destroyed, without her Royal license first had and obtained for the same : And whereas there have been complaint made unto her Majesty of the spoil and w^aste made in her Majesty's woods; —I therefore in her Majesty's name, and by the authority to me granted, do for the time to come forbid all her Majesty's subjects to cut, fell or destroy any of the trees reserved as aforesaid, And do hereby request of his Excellency, &c., that he would be pleased to move and recommend the same to the Gentlemen of the Assembly; that they give notice accordingly to the inhabitants of their respective Counties or Towns, particularly to those whose livelihood chiefly consists in Logging and working in the woods, that they be very careful what Trees they fell in logging, &c. ; especially those in the upper towns and Rivers adjacent; which trees if preserved would much lessen the charge lier Majesty is now at in masting her I'oyal Navy. And I do liereby promise for my own part, that I will by no means or w^ays whatsoever restrain or hinder any of her Majcst\''s Loveing subjects from all lawful freedom, but will on all occasions and at all times, be ready and willing to be aiding and assisting to them or any of them, to the utmost of my power when the same shall be desired. This memorial was sent down to the House of Represen- tatives by Mr. Secretary Story. The two several Bills following, having been three several times read and passed both Houses, were consented to by his Excellency, and by him signed accordingly, viz : 22 338 PROVINCE OF NEW-HAMPSHIRE. [1707. The Bill for the better collecting the duties of Excise and to prevent retailers of Liqnors to sell without license. The Bill for reviving actions and processes lately depend- ing in the Superiour Court of Judicature of Assize and General Goale delivery, &c., within this her Majesty's Prov- ince of New Hampshire, and discontinued by the not hold- ing of the said Court at Portsmouth, the second Tuesday in August last past, 1706. Prorogued till Wednesday the first day of January next. l"*' January, 1706. Met, and adj*^ till to-morrow, two of the clock, post merediem. 2'^ January. Met, and adj'^ till Friday tl\e W^ instant, 12 of the clock at noon. [p. 225.] 10"' January. Met, and adj-^ until Wednesday the 19'" February next, 12 of the clock at noon. 19"' February. Met, and adj'' to the 26"' March, 1707, 12 of the clock at noon. 16*" March, 1707. Met, and prorogued till the 2'^ day of April next, 12 of the clock at noon. 2'^ April, 1707. Met, and adj*^ till to-morrow, 12 of the clock at noon. 3*^ April, 1707. Met, and adj^ till :Monday the 7'" of April, instant. [p. 226.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on Monday, the 7"^ April, 1707. Present, His Excellency Joseph Dudley, Esq., Governour, &c.. Major Vaughan, ) Nath. Weare, ) Peter CoflTm, [ Esqrs. Sam' Penhallow, [ Esqrs. Pol/ Ellott, ) John Plaisted, ) John Gerrish, Esq., Henry Dow, Esq. Mr, Secretary Story was sent as a message to the House 1707.] JOURNAL OF COUNCIL AND ASSEMBLY, 339 of Representatives to call that House to this Board, who accordingly came, and His Excellency to make the folloAving Speech, in ha3c verba sequen : Gentlemen: — The openness and imcertainty of the "weather this winter has px'evented us from doing- what we intended against the enemy ; yet we are to acknowledge the good Providence of Ahniglitj'^ God, that we have been preserved from any inroad, and have had so good an advantage against the Rebels the last March. At the earnest solicitations and motion of the Assembly of the Province of the Massachusetts, I have entered upon an expedition to Nova Scotia and L'Acadie, to make what spoil I can upon our ill neighbors, the French there inhabiting, and shall have a thousand men ready in ten days' time with provisions and Transport's, be- sides some assistants which I hope from her Majesty's Government of Connecticut and Ehode Island, and must expect a just quota from you for that service. I shall at present only draw out sixty volunteers with officers, for whom you will, I doubt not, take care to provide. Mr. Treasurer will show you the present state of your Debts and what will be necessary for the advance, and I desire you will proceed chearfully to grant the supply ; the time is very short, the day of the muster of the forces being the seventeenth instant, re- quire me to be in the several parts, to review such men [f. 227.] as are raised, — That I must desire you forthwith to dispatch what is before you. I have always taken care that this little Province be not overburthened, and that your money may be justly expended ; which I shall always continue to do, and expect your readiness to grant what is necessary accordingly. A vote was sent up by the Representatives humbly offer- ing their concurrence to the keeping a Fast, the IGth April instant, according to the Proclamation sent them from this Board, being upon file, and is in hsec verba sequen : By his Excellency, Joseph Dudley, Esq., Captain Genei-al and Governor in Chiefe in and over her Majesty's Province of the Massachusetts Bay and New Hampshire, in New England: A PROCLAMATION FOR A GENERAL FAST. Upon due consideration of the holy anger of Almigiity God, evidently manifested by lengthening out the troubles of Europe, 340 PROVINCE OF NEW-HAMPSHIRE. [1707. as well as our owu, and coutiiming them and ourselves under the sore calamities of a distressing bloody war, (notwithstanding the many great victories obtained against the Common Enemy of Europe) which always bespeak our hnmble prostration at the feet of Divine Sovereigutye, with penitential confession of our many aggravated sins and provocations, and fervent supplications before the Throne of Grace for the free remission of them ; That the past displeasure of God against us' may be removed: I have therefore thought fit, with the advice of her Majesty's Council, and at the concurrent desire of the Representatives at their present session, to appoint and Order, that Wednesday, the sixteenth day of April, instant, be set apart and obsei'ved for fast- ing and prayer throughout these Provinces, exhorting both minis- ters and People in their Public Assemblies and in their private devotions religiously to solemnize the said day, that by a sincere repentance and steady affiance in the Divine Mercy in their most humble addresses to God, they may obtain these great blessings, [p. 228.] That our sovereign Lady the Queen, with her kingdoms and Dominions, may always be under the protection of lieaven ; Her Majesty's life and happy government long continued; Her Council and just Arms prospered ; That the Government of these her Majesty's Provinces may be always under the influences of Divine direction, in all their administrations and just enterprizes, and the smiles of Heaven attend them ; The designs of Enemies defeated ; the residue of our captives returned ; That health may be continued ; And the ensuing year crowned with the fruits of Divine Benignity ; That the present War and tumults of the na- tion may happily issue in the advancement of the Protestant religion and the Glorious Kingdom of our Lord and Saviour Jesus Christ; And all servile labor is forbidden in the said day. Given at the Council Chamber in Poi'tsmouth, the seventh day of April, 1707 ; In the sixth year of the reign of our Sovereign Lady Anne, by the Grace of God, of England, Scotland, France and Ireland, Queen, defender of the faith, &c. J. Dudley. By Order of his Excellency and Council. Cha. Story, Secretary. God Save the Queen. Adj'' till three o'clock, Post merediem. 1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 341 [p. 220.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, on Monday, the seventh day of April, 1707, Post merediem. Present, His Excellency Joseph Dudley, Esq., Governor, Major Wm. Vaughan, ^ John Gerrish, ^ Peter Cofiin, I y Sam^ Penhallow, I y Robert Elliott, f ^'^^- John Plaisted, f ^^^^' Nath' Wear, J Henry Dow, j It being reported at this Board that Colonel Thomas Packer, Chirurgeon, had taken the Indian squaw lately wounded under his care and protection, to be cured. It is therefore directed that the said Packer proceed in curing the said Indian Squaw, and that the charge thereof be paid in proportion by the Massachusetts and this Government. The complaint of George Vaughan, Esq., was read at this Board con^ Thomas Phipps, Esq., as on file. Adj' till to-morrow morning, ten of the clock. [p. 230.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, on Tuesday, the 8^^ of April, 1707. Present, His Excellency Joseph Dudley, Esq., Governour, Major W" Vaughan, ^ John Gerrish, ^ Robert Elliott, [ Esqs. Sam^ Penhallow, \ Esqs. Nath' Weare, ) John Plaisted, ) Henry Dow, Esq. Ordered, That the Sloop Adventure, belonging to Chr. Amazeen and Joseph Jackson, be taken into her Majes- ty's Service upon an expedition to Nova Scotia and L'Acadie, And that Mr. Elliott be desired to see that a platform be 3J:2 PROVINCE OF NEW-HAMPSHIRE. [1707. laid in the said sloop, and that the said Chr. Amazeen and Joseph Jackson provide two able men to sail the sloop, which shall be in pay from the ninth instant ; and Robert Elliott, Esq., is hereby ordered to give the accustomed Oath to three sufficient persons as apprizers, to value and apprize the aforementioned Sloop, and to make return thereof into the Secretary's office. Ordered, That Major W"^ Yaughan and Mr. Richard Waldron be appointed as a Committee to audit the Treas- urer's accounts, and the accounts relating to her Majesty's fort, W™ and Mary, and report the same at the next ses- sion of the Gen^ Assembly. Upon reading the complaint of George Yaughan, Esq., this day, against Thomas Phipps, Esq., Justice of the Peace, relating to a case tried before him wherein Lazarus Noble was plaintiff and Caleb Griffith, Tenn* to the said Yaughan, was the Deft., as upon file. The Govern"^ and Council declare that the Justice's pro- ceedings in the case mentioned in the said complaint (title of land being concerned and pleaded) was contrary to Law and is thereupon void, and the said Caleb Griffith at rest therefrom. [p. 231.] Upon application of John Fifield, of Kings- town, that Edward Fifield, Mr. Samuel Calcott, Jr., Jona- than Calcot, James Beane, Jabez Colman and Phillipp Huntoon, belonging to the said Town of Kingstown, have deserted and left the said town, whereby the other inhabi- tants are much weakened and exposed to the danger of the enemy : Ordered, That Mr. Secretary Story write to the Capts. of Exeter and Hampton that they forthwith direct the per- sons abovesaid (being under their commands) that they immediately return to their former habitations in Kings- town, for the strengthening of the place against the com- mon enemy ; and in case they shall refuse so to do the said Capts. are hereby ordered, That when they send soldiers 1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 343 to her Majesty's fort W°^ and Mary, that the above persons be the first that shall be sent there, and to continue his Excellency's pleasure. Ordered, That Colonel Thomas Packer be paid seven pounds out of the Treasury for the rent of the Rooms where the Council and Assembly sits, being for the year 1705, according to the Assembly's vote. A vote was sent up by the Assembly returning the thanks of the whole House for his Excellency's Speech, de- siring his Excellency to proceed in sending men upon the expedition to Nova Scotia and L'Acadie, and are willing to raise money for that expedition in proportion of their quota, &c. Ordered, That Mr. John Campbell, Post Master General, be paid six pounds in course out of the Treasury as an al- lowance from this Province, as an encouragement to the General Post Office. Upon reading the petition of John Cross this day at the Board (as upon file) relating to his being admitted as an Informa pauperis, Ordered, That the Justices of her Majesty's Superiour Court and Inferiour Court of this Province admit the peti- tioner an Informa pauperis and assign him his attorney and Council. [p. 232.] Upon Complaint and application of the se- lectmen and constables of Portsmouth and Hampton, that there are several inliabitants lying between them and Dover and Exeter that pretend to be out of their parish or pre- cinct, thereby laboring to avoid paying tlieir just propor- tion to the subsidy granted her Majesty for the support of the Government in the present war. It is ordered that the Justices of the Peace forthwith appoint certain persons, inhabitants of Dover, Portsmouth, Exeter and Hampton, to settle the Bounds between the sev- eral precints and parishes in the Province, so as to deter- mine all the inhabitants to their proper places, that none 344 PROVINCE OF NEW-HAMPSHIRE. [1737. of them may fail of doing their duty and paying their just proportion to the payments and taxes granted to her Maj- esty by the General Assembly from time to time. An act entituled An Act for the supply of the forces to march against the enemy, Havino; been three several times read in both Houses was past and enacted. Mr. Secretary Story was sent as a message to call the House of Eepresentatives to this Board, who accordingly came, and his Excellency was pleased to prorogue the As- sembly to Tuesday, the Twenty fourth day of June next. And accordingly the Assembly is prorogued till Tuesday the 24"^ June, 1707. [p. 234.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, the 15*^ October, 1707. Present, His Excellency Joseph Dudley, Esq., Governour, &c.. Major Yaughan, ) ^ Sam^ Penhallow, ) ^ Robert Ellott, j ^^V^' John Plaisted, j ^^qis. ^Mr. Secretary was sent as a message to call the House of Representatives to this Board, who accordingly came ; And his Excellency was pleased to make the following speech ; Gentlemen : — f I laave delayed 3'our session till uow that I might have received her Majesty's commands, whicli are expected by tlie Reserve Frig- ate bound hither; but the season of the year is not [now?] so far advanced, and your aflairs requiring your meeting, I have judged it not reasonable to defer your business any longer. AVe have been sensible of the Good Providence of Almighty God in the preservation of our selves, and our neighbors in the other Province upon the frontiers, notwithstanding several inroads of the enemy, and some loss that we have sustained. The charge of the Port Royal Expedition, and your other ex- pences nmst be .now provided for, tliat we may be just in the pay- ment of the Muster Rolls of those that have served us. 1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 345 Mr. Treasurer will give you a State of the Debts, and what is absolutely necessary, I am sure of your readiness in granting it to be forthwith raised ; The Province being sensible of a good summer and harvest to support us. [p. 235.] I hope you will see reason to dispatch as soon as may be, that you may be in your several stations where you are wanted. There shall be nothing left undone on my part to assist the Prov- ince and her Majesty's aftairs at all times as is my duty. Adj^' till to-morrow morning, 10 of the clock. Province of New Hampshire. At a Council and General Assembly held at Portsmouth Ij}^ adj', on Thurs- day, the 1G"> October, 1707. Present, Joseph Dudley, Esq., Governour, Major W"" Yaughan, J Robert Ellott, [ Esqrs. Sam' Penhallow, ) ^^ John Gerrish, ) John Plaisted, j ^ Mr. Treasurer was sent down to the House of Represen- tatives to lay before them an estimate of the Province Debts. Adj*^* till to-morrow morning, 10 of the clock, ante me- rediem. Met the 17*'' October, present Ut supra. Adj*^ till to-morrow, 10 of the clock, ante merediem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj*, on Satur day, the 18"^ October, 1707. Present, His Excellency the Governour, Major W™ Yaughan, Peter Coffin, ) Robert Ellott, [ Esqrs. Sam' Penhallow, ) -^^ John Gerrish, ) John Plaisted, ) ^ 346 PROVINCE OF NEW-HAMPSHIRE. [1707. The Officers here after named are appointed' a Council of War, or any five of them, whereof Colonel Hilton or Major [p. 236.] Smith to be one, to proceed to the examination and judgment of any military offences in breach of the articles of Warr of any Officer* or soldier that is or has been in the pay of the Province, and to report the proceedings to the Governour before execution, in all cases : 1. Colonel Hilton, 7. Capt. Davis, 2. Major Smith, 8. Capt. Green, 3. Capt. Phipps, 9. Capt. Oilman, 4. Major Walton, 10. Capt. Hill, 5. Capt. Tuttle, 11. Capt. L* Nich^ Gilman, 6. Capt. Langdon, 12. L' James Philbrooke. Mr. Thomas Packer's debenter, am" to 79''' : 6% about provisions and medicines for the wounded Squaw, was sent to the Representatives to make report, which was accord- ingly done, (as upon file) viz., the difference between Colonel Packer's account and the allowances of the As- sembly, 25 : 10 : 8, due to ballance to the said Packer and *An Act relating to Troopers. Province of New Hamp're. [Seal.] Whereas tliere is iioe punishment or fine inflicted by Law upon any Troopers in tlie Province for any disorder, disturbance or military oftence, which at any time may be committed by them : Be it enacted by his Excellency the Gov'r, Council and Representatives convened in General Assembly, and by the Authority of the same, that all troopers within this pro-vince who shall be guilty of any disorder or disobedience to their superior officers, or committ any military oftence, shall pay double the fine sett by the Law upon foot eouldjers ; and in other cases where the punishment is corporal, shall undergoe the same punishments as the foot souldjers, to be inflicted by the officers as the Law provides for foot souldjers — any Law, usage or custom to the contrary notwithstanding. 10th October, 1707. This bill was read three times in the House of Representatives and past to be enacted, and sent up to the Council for concurrence. JoHX PicKEKix, Speaker. Eodem die. This bill was read three several times at the Council Board, and voted • a concurrence with the House of Representatives, His Excellency assenting thereto. Cha. Stokv, Secretary. I assent to the enacting this Bill. J. Dudley. 1707.] JOURNAL OF COUNCIL AND ASSEMBLY.. 347 allowed by the Assembly, — fifty three pounds, fifteen shil- lings, four pence. 53 : 15 : 4. To advance of the Treasurer in necessaries for the Indian Squaw, and wages for the nurse, 18 : : Sum total, 71 : 15 : 4 The sum of seventy-one ponnds, fifteen shillings, four pence, being allowed by the Assembly to the Treasurer and Mr. Packer, is the present allowance and ordered to be paid. J. Dudley. 22-^ October, 1707. Ordered, that all soldiers that travel to their regular mus- ters be carried over all ferryes in this Province for half ferriage pay ; And that all soldiers immediately in the Queen's service and under pay, be transported over any of the said ferryes for two pence per piece. Adj"^ till Monday next, 10 o'clock, ante merediera. Monday, the 20'^ October, Met, and adj'^ to Wednesday, the 22'^ instant, 10 of the clock, ante merediem. [p. 237.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Wed- nesday the 22" of October, 1707. Present, His Excellency Joseph Dudley, Esq., Governour, Major W™ Yaughan, ) John Gerrish, ^ Peter Coffin, V Esqrs. Sam' Penhallow, > Esqrs. Robert Ellott, ) John Plaisted, ) A vote was sent up to this Board from the House of Rep- resentatives, that a bill relating to troopers may be en- grossed.* *See bill ou preceding page. 348 PROVINCE OF NEW-HAMPSHIRE. [1707. A vote was sent from this Board, in haec verba : Voted, that five pounds be given unto Robert Thompson out of the Treasury, for his encouragement in bringing in an Indian scalp, was read at this Board and consented to by the Council, and ordered to be paid out of the Treasury. The following vote was sent up from the House of Rep- resentatives, in base verba : Voted, that an address be made to her Majesty to repre- sent the distressed state of this Province by reason of the War, and pray for relief of small arms and ammunition. Also another to Justify the Governour in his good con- duct here against the malicious aspersions of male-con- tents, and that the Council be prayed to Join with us therein ; and his Excellency humbly desired to give his fiat thereto. Past by the House. Per. Sam^ Keais. Read in Council and agreed to, nemine contra dicente. Cha. Story, Secretary. Adj'^ till the afternoon. [p. 238.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Wed- nesday, the 22^' October, 1707. Present, His Excellency Joseph Dudley, Esq., Governour, W"' Vaughan, J John Gerrish, J Peter Coffin, V Esqs. Sam' Penhallow, [ Esqs. Robert Ellott, ) John Plaisted, ) The following Address being three several times read at this Board v>'as sent down to the House of Representatives and agreed upon by both Houses : 1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 349 To the Queen's Most Excellent Ifajesty : The humble Address of your Majest3^'s Council and Representa- tives of your Majesty's Province of New Hampshire convened in General Assembly, Humbly sheweth : — That notwithstanding- liis late majestie was graciously pleased out of his princely reguard to send a supply of Artillery and am- munition for your majesty's fort at Great Island ; since which the great expense of rebuilding said fort and constant keeping men in pay for the better defense of this your Majesty's Pro\ince towards the sea, together with the extraordinary charge of de- fending the frontiers by land against the Indian rebels, assisted by the French from Canada and Port Royal, has reduced your Maj- esty's poor subjects to a great distress ; many of whom have been necessitated to remove, by which our number and strength are lessened ; others cannot provide for their families but with hazard of their lives, many flelds lying untilled, [p. 239.] unless such as are under covert of the garrisons ; at present we labor under a great want of good small arms and ammunition, which are daily wasted and lost in the wilderness in pursuit of the enemy, and by reason of our poverty cannot be supplied. Your Majesty's petitioners, therefore, most humbly pray of your most Excellent Majesty that of your Majesty's Royal Bounty they may be supplied with such a quantity of small arms of sev- eral sorts, and ammunition proper for them, as well as for the great ordinance at your Majesty's fort in tliis Province, which will at all times be thriftily expended for the defense of your Majesty's good subjects ; and we shall ever pray for the increase of your Majesty's glorious victories over the enemies of the repose of Europe j and your Majesty's long and happy reign over us. Portsm" in New Hampshire in New England, 22^ October, 1707. We are your Majesty's most dutiful and obedient subjects. Charles Story, Secretary. Signed in presence and by order of the Council. John Pickerin, Speaker. Signed in presence and by order of the House of Representa- tives. 350 PROVINCE OF NEW-HAMPSHIRE. [1707. To the Queen's Mod Excell. Majesty: The humble address of your Majesty's Council and Representa- tives of your Majesty's Province of Xew Hampshire, convened in General Assembly, Most humbly sheweth: — That since our late address to your most Sacred Majesty, repre- senting the poor and distressed condition of this your Majesty's Province, we are surprized with advice from England that sev- eral disaffected pei'sons have petitioned your Majesty for the re- move of Colonel Dudley, our present Governour, for male-admin- istration, which we are well assured was done out of a particular pique by the principal of the said petitioners, who drew in others to subscribe that knew nothing of Colonel Dudley, nor had any families or concerns in New England ; and we admire the more thereat, for that your Majesty had then received an address from the Council and Assembly of this Province, humbly representing the great care and good conduct of Colonel Dudley in the Gov- ernment thereof, both as to the War as well as civil administra- tion ; And we are humbly bold to let your Majesty know that we ai-e still (> the same opinion, having daily instances of the inde- fatigable pains for the defense of the frontiers against the French and Indian enemy, who, by the prudent foresight and good intelli- gence which he has always gained of the enemies motion, and where they designed to make an attack, has sent seasonable relief so as that their designs have been totally defeated and your Majes- ty's good subjects and their estates thereby preserved. We therefore most humbly pray that the malicious insinua- tions of a few male-contents may have no impression upon your [p. 241.] Majesty to the prejudice of Colonel Dudley, but that if it consists with your Majesty's good pleasui-e he may be still con- tinued in his Government, whereby we tirmly belicA'e your Majes- ty's honor, the interests of the Crown and the welfare and pros- perity of your good subjects here will be better promoted than by another person, not so well acquainted with the affairs of this country. It only remains that we continue to render our most sincere thanks to Almighty God for the success of your Majesty's \dcto- rious arms and the happy union of your Majesty's Kingdoms of Great Britain, which will for ever advance your Majesty's Glory and tend to the ruin of the enemy of the repose of Europe, most 1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 351 humbly beseeching God for your Majesty's long life and happy reign over us. Portsmouth, in New Hampshire, ? in New England, 22'* October, 1707. ^ AYe are your Majesty's most dutiful and obedient Subjects. Cha. Story, Secretary. Signed in presence and by order of the Council. John Pickerin, Speaker. Signed in presence and by order of the House of Rei^resentatives. JUinisters^ Address to the Queen against the removal of Governor Dudley, 1707. [From MS. copy in Secretary's Office.] To the Queen^s viost Excellent 3Iajestij. The humble Address of the Ministers of New Hampshire, in New England, humbly sheweth: That your Majestie's good subjects in the Province are very joy- full and sincerely thankful! to your Majesty for all your Royall beuetits to this poor province, and particularly for your Majesty's favor in sending Col. Dudley, Governor; who, being a native of this country, has the love and affection of all your Majesty's sub- jects; and is so particularly knowing [?] of all the features and avenues of these large provinces, that he has by the forces raysed here met and defeated the Eebels very often, and the good Provi- dence of Almighty God has greatly prospered & blessed his service to your Majesty's honor; and whatever insinuations are made against liim to your sacred majesty, or your Majesty's great Minis- ters of State, we are sure he is unfeignedly steady in your jMajesty's service, an example of religion, virtue & moderation to all good men ; and we humbly pray, on behalf of ourselves and your Maj- esty's good subjects under our care, that it may consist with your Majesty's Royall wisdom, he may be yet continued to rule over us ; which we dare not have presumed to ask, if evil minded men against us & such as least know us, had not lately addressed your Majesty for his removal, contrary to the willing & united desires of all your Majesty's good subjects here. May the great God prosi)er your Majesty's arms & make your Majesty the glorious insti'ument of re-establishing the peace of Europe. 852 PROVINCE OF NEW-HAMPSHIRE. [1707. May your sacred Majesty be blessed with a long- and prosperous reign oyer a people protected, reformed & united by your iMajesty's most serene & excellent conduct; & your Majesty's and your good subjects' satisfaction therein will be everlasting. Wee are your Majesty's most loyal and dutiful subjects. JoHX Cotton, Minister of Hampton. Nathl. Eogers, Minister of Portsmouth. John Pike, ]\Iinister of Dover. John Buss, ]Minister of Oyster River. John Ejiekson, jNIinister of New Castle. Theophilus Cotton, IVIinister of the Isles of Shoales. Voted, whereas Richard Otis, of Dover, late deceased, died intestate and left not estate sufficient to pay his debts : Ordered, that Susanna Otis, administratrix upon said es- tate, have power to sell so much of his Lands lying in the Township of Dover as will pay his said Debts ; there being not chattels sufficient to pay the same ; Always provided, that accounts be first made up by the ordinary, and showed forth, and left of Record in the Superiour Court of the Province. Allowed and past by the Assembly. Per Sam^ Keais, Clerk. 22*^ October, 1707. Read in Council, allowed and approved and sent to the House of Representatives. Cha. Story, Secretary. [p. 242.] Voted, that the money due from this Province on account of the Summer's Expedition to the Eastward, we pray it may be deferred until the next session of the Assembly ; when we promise that we will proceed to raise money to defray the just charges thereof. Passed by the House. Sam^ Keais, Clerk. 22^ October, 1707. Read in Council and voted a con. currence. 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 853 Letter from Gov. Dudley to Major Vaughan. [MS. Cor., Vol. I., p. 9, Secretary's Office.] Eoxbury, 22 January, 1707-8, Sr. — Mr. Secretary Story & Mr. Speaker Pickering have been with mee and acquaint nice there is a desire in j'our province to send an agent to England. If the Assembly in their next sessions shall acquaint me "with the person whom they would send, to take care to pass an Act for money for his support in their service, & let me see his errand, if it be for the service of the Province, and his Majesty's sei'vice, I sliall readily agree thereto. The Assembly at the same time must also raise a tax for tlie sup- ply of the Treasury for the payment of their forces the last sumer's Expedition, or els I cannot reasonably exjiect the service of the soldiers for the defence of the country. I desire yourself & the gentlemen of the Coiincil will take care herein, & that we have notice by Express, if need be, of what they do, and adjourn them after two or three days' conference, for a week, for my further directions if need be. You will use all pru- dence to steer the Assembly, & communicate tliis letter. Your humble servant, J. Dudley. Major Yaughan. Letter from Gov. Dudley to the Council. [MS. Cor., Vol. I., p. 11, m Secretary's Office.] Boston, 9 Feb., 1707. Gentlemen : — It is the undoubted right of the General Assembly, at their meet- ing, to address her Majesty & send their own messenger therewith: & you, having chosen Captain George Vaughan your Agent for the purpose, I must agree thereto, & desire you w"ill give him your Address & Dispatches as soon as possible, that his voyage be not lost ; & for what money you have granted to her Majesty for his support jou will take your own methods to exchange it hence, in which I am sure Mr. Treasurer will do his duty upon your application, & I will srgne the Avarrant for it when sent me pi-operly from the Council Board, to be lodged as his order in the Treasury Office, & he must make no dou])t thei-eof, but proceed forthwith, if any time be wanting he must be paid. . . . I direct your prorogation to be to the last Wednesday in March, and Major Vaughan is herebv directed to declare it. Captain 23 354 PROVINCE OF NEW-HAMPSHIRE. [170S. A^au,£;'haii, wlieii he has j-our despatches, I suppose will see me here, to take shipping. I am, Gentlemen, your very humble servant, J. Dudley, Address to Queen Anne. Sent hy Cupt. George Vanghan, 1707-8. [Coll. N. H. Hist. Soc, Vol. I., pp. 140-141.] To the Queen-s most Excellent Majestie: "Wee, your Majestie's most Loyal and Dutiful subjects, y« Repre- sentatives of your Majestie's province of New Hampshire, and in General Assembly convened, most humbly begg leave to jjrostrate ourselves at the feet of your sacred Majestie, and now at this time more especially to represent to your Majestie, That our ancestors and predecessors some eightv years j)ast coming over from Eng- land, and issueing out from the neighboring Colonies, and by and with their concurrence and encouragement, peaceably and in a j)ublick manner entered and satt downe upon the now inhabited lands of this province, and which were not only then vacuum dom- icilium, but a miserable desart, and surrounded with the Barbarous Salvages, from whose Sachems our ancestors all along informed and assured us the said lands were honestly and justly purchased for their use. Tliat Avee and our ancestors through the great mercy of Almighty God, by the expence of our treasure and the work of our hands, have now turned this wilderness into a fruitful field. Tliat wee and. our predecessors have, with the expense of our liA'es and estates, defended this your Majestie's province in two long and distressing AYarrs, against the Barbarous Salvages, as- si.'^lcd by the French King's subjects, and which wee are yet engaged in, and must have suifercd very much were wee not encouraged and protected by the great and constant care and vigilance of his Excellency our Governor, and the assistance of his other govern- ment, botli as to men and money. That by the diligence, industry and expence of your Majestie's Loyal subjects of this your Majestie's Province, wee have soe im- proved this your Majestie's Country, that the trade thereof has become very Considerable, and of great Importance and advantage to yoitr Majestie and your people of Great Britaine. Tliat all this has been done Avithont the least Aid or Assistance Imaginable of Mr. Mason, or those that succeed him in their pre- tended Claime to this Countrey. That the possessions and Estates of tliis i^rovince have been 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 355 bought and sold, and liavc descended from family to fiunily for Now neare seventy years together; and Except it be a A^ery few of the Inhabitants, is all they have in the AYorld. Notwithstanding' all which, by the Governor's interj)osition, who endeavored to Recon- cile the difference between Mr. Allen and the people (and not from any dilference of our own Right) wee made Overtures to an Agreement; but Mr. Allen's death prevented any further xiroceed- ings therein.* That if your Majestie's most loyal subjects of this your Majestie's province may, by your Majestie's Royal favor, be confirmed and encouraged in the possession and Enjoyment of what they have acquired so Just a Right to, and may yett be protected and de- fended from the unreasonable and unjust Claim and demand of Mr. [Thomas] Allen, which they confidently iiromise themselves from the late instance of your Majestie's great Justice done them in the same case, when Mr. Allen Appealed from a Judgment of your Superior Court here to your Majestic inCouncil, where Judg- ment was aflfii'med in favor of the Inhabitants, & hereby your Sacred Majestic will not only have the Gratefull Acknowledgments of your Majestie's most Loyal and Dutiful Subjects in this jour Majestie's province ; but your Majesty and your people in all places will reap the benefitt and advantage thereof in the Increase of the Trade of tliis Countrey by a greater supply of your Majestie's Navy. Whei'eupon, wee your Majestie's most loyal and dutiful subjects, the Representatives of this your Majestie's Province, with all humble prostration, doe, in the Name and behalfe of all your Maj- estie's people, the Inhabitants of this your Majestie's province, most humbly supplicate your sacred Majesty to take the Circumstance of our Case and Condition into your Royal Consideration, on whose Wisdom, Justice and favour Wee shall alwayes rely and intirely submitt ourselves to, who are your Majesty's most, &c. *"May 5, 1705. Samuel Allen, Esq., deceased, (some time Governor of N. H.) after 3 or 4 days' visitation with fever and pleuritical pains ; a sober and worthy gentleman." [Aged 69.]— 7'ite Journ. 356 PROVINCE OF NEW-HAMPSHIRE. [1708, Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the 19"' February, 1707. Present, TV" Yaughan, ) Sani^ Penhallow, ) p Eol)ert Ellott, [ Esqs. John Plaisted, ] ^^^^' John Gerrish, ) Pursuant to his Excellency's letter of the ninth instant, the General Assembly are prorogued till Wednesday, the last day of March next. [p. 243.] Province of New Hampshire. , At a Council and General Assembly held at Portsmouth, by prorogation, on Wednesday, the 5^^ May, 1708, post meredieni. Present, His Excellency, Joseph Dudley, Esq., Governour, Sam' Penhallow, ) -p John Plaisted, \ ^^^^' Adj'^ till to-morrow morning, 10 of the clock, ante me- rediem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, on Thursday, the 6"^ of iVlay, 1708, ante merediem. Present, His Excellency, Joseph Dudley, Esq., Governour, Major W"' Yaughan, Peter Coffin, ) ^ Sam' Penhallow, ) ^ Eobert Ellott, j ^^^^- John Plaisted, \ ^^^^' His Excellency the Governor sent Mr. Secretary as a message to the House of Representatives to call them upp to this Board, who accordingly came, and his Excellency made the following speech : 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 357 Gentlemen: — The winter is passed "without any inconvenience from the enemy, unless it be that it has made us more careless of danger, and some of our people thereupon doe neglect their watches and caution which must be reformed everywhere, lest we be surprized into some great mischief. The oflicers and soldiers in the last year's service should have been provided for before this time, and a fund sett for their pay- ment ; but it must be noe longer delayed, and the other debts of the Province shall be laid before you by the Treasurer. [p. 241.] I desire and expect that the gentlemen of the House of Representatives will take care that wee be just in our pay- ments, that wee may obtain the fiivor of God and maintain her Majesty's ponor, our own just reputation, and prevent the Com- i:)laints of any of her Majesty's subjects to whom wee are in- debted. We are always during tlie warr in necessity to raise men for our defense, and we must take care there be that in the Treasury that will support us. I shall doe my duty in placing soe many at the fort as are nec- essary for the summer's service, and we must have a small party for a distant scout and discovery, and there must be provision for them, and you must not forget your agent that you have lately sent home. I desire the gentlemen of the Representatives that they will proceed therein yviih. all good agreement and as soon as they may ; the session need not be long. I have always seen so much friendship and unanimity in the Assembly of this Province that I doubt not of your doing your duty herein ; and the good Providence of Almighty God will still preserve us. I shall not fail at all times to represent you well to her Majesty's iirotectiou and favor. A vote was brought up from the House of Representa- tives in liaec verba seqiien : Voted, That the late dwelling House of George Yaughan, Esq., neer to Major Vaughan's, standing convenient for entertaining Travellers by reason of its nighness to the ferry, and W™ Fellows having rented the same, being an honest man, that he be admitted to keep tavern there and 358 PROYINCE OP NEW-HAMPSHIRE. [1708. have a license granted him, and pray the consent of his Excellency the Governour thereto. Past by the House. Sam' Keais, Clerk. May 6"\ 1708. Read in Council and allowed, his Excellency the Gov- ernor assenting thereto. Cha. Story, Secretary. [p. 245.] Ordered that the soldiers late sent by the Governour to Oyster River, and others in like cases, be subsisted by the several garrisons whether they are sent, in equal proportion amongst the familys covered by 'the said Garrisons, and their wages by the Province. John Smith, Esq., being sent up from the House of Rep- resentatives to this Board, to be qualified to sit in that House, took the appointed oaths according to Law. Ordered, That Mr. John Campbell, Post Master Gen- eral, for his diligence in taking care of all expresses that go from this Province to be sent to his Excellency, and in expressing Letters from his Excellency to this Province, be paid six pounds for the year 170T ; ending at Lady day* last past. Adj'^ to the three of the post meridiem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth on Thursday,thc sixth day of May, Anno Domi. 1708, Post mere - diem, by adjournment. Present, His Excellency Joseph Dudley, Esq., Govern'', Major W" Taughan, J Sam' Penhallow, ) p Peter Coffin, \ Esqs. John Plaisted, ) ^ Robert Ellott, ) * March 25th. 1708.] JOURNAL OP COUNCIL AND ASSEMBLY. 359 Adj'^ till to-morrow morning ten of the clock, ante mere- diem. [p. 246.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Fri- day, the seventh day of May, 1708, ante merediem. Present, His Excellency Joseph Dudley, Esq., Governour, Major W'" Vaughan, ^ John Gerrish, ] Peter Coffin, > Esqs. Sam' Penballow, > Esqs. Robert EUott, ) John Plaisted, ) The powder account for the year 1708 was delivered in and approved of and Mr. Ellott and Mr. Treasurer and Capt. Pickerin are appointed a Committee to see the state of the powder at the Castle, and to report to the Govern"" the present state there and what powder is necessary fur- ther to be supplyed. The Governour having acquainted the Council that for the Summer months there will be twenty men posted at the fort. The Council desire that Colonel Redknapp may visit the works at the fort and direct the necessary repairs there, and that the soldiers that are of the Guard be employed in the said work and allowed six pence per diem above tlicir wages, and that Major Vauglian and Mr. Ellott, or cither of them, doe oversee the work from time to time. The Council,- for saving the charge of building and often repairing a Boat for the public service, have this day agreed with Theodore Attkinson, Esq., to provide and keep a Boat for such service from time to time in good repaire, with all necessarys to be always ready for the publick service of the Government, for which the said Attkinson is to be paid six pounds per annum out of the Treasury. Adj'' till to-morrow morning, ten of the clock, ante me- rediem. 360 PROVINCE OF NEW-HAMPSHIRE. [1708, [p. 247.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Saturday the eight day of May, Anno Domini 1708, Ante Meredicm, by adj'. Present, His Excellency Joseph Dudley, Esq., Governour, &c., Major W"" Vaughan, Peter Coffin, ) p^^,.^ Sam' Penhallow, \ ^ John Gerrish, j ^'^l''' John Plaisted, j ^'^''• Mr. Treasurer acquainted the Governour and Council that the two hundred and fifty pounds appointed by the Assembly for the Agency was all advanced, and that he had his war- ranto for the same ; and that over and above the said sum he liad expected twenty pounds for the journey of Mr. Spealcer Pickerin and other members to Boston, to dispatch the agent, and eight pounds seven and two pence for wine and brandy for the agent's passage. The said sum of twenty-eight pounds seven shillings and two pence was allowed in Council, and the Governour desired to give a warrant for the same. Ordered, that eighteen pounds be allowed Peter Coffin, Esq., for plank for the platforms at the fort W" and Mary. (Order out.) Mr. Phipps' and Mr. Secretary Storey's debenter, amount- ing to one pound, three shillings, was allowed in Council, and Ordered that the Select men of Newcastle, to wit,. Kobert Ellott, W" Seavey, and John Frost, pay the afore- said one pound, three shillings, and that the Secretary issue forth processes for the same. The House of Representatives' answer to the Governor's Speech, as foil : 3in>/ it please your Excellency, we the Eeprcsentatives, convened ill General Assembly, are highly sensible of your great care and good conduct of this [p. 248.] Province, which we are humbly thauktu Ubr, and pray for continuance thereof. 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 8G1 "We crave leave in some measure to make answer to your Excel- lency's speecli, as to the payment of the oflicers and soldiers for the time past ; according to our former promise we have considered thereof, and shall raise wherewith to satisfy as far as our capacity will admit of. As to the other charges of the Province, we have considered of and gone beyond our ability in raising of money for defraying of those charges ; and as to placing more men at the fort than already there, we humbly offer to your Excellency's con- sideration as followeth: First ; our poverty is such and our debts so great already that we are no ways capable of raising more money at this time. Secondly ; should twenty men be ordered to the said fort, they are not capable of defending against an Enemy. Thirdly ; Those men already there, together with the trained band belonging to New Castle, being ordered to attend their duties in watching, warding, &c., will be far easier than a frontier Gar- rison in the Province ; That company being exempted from all other duties, save only to the said fort. Also, one half of Portsmouth and Hampton Company are ordered upon any alarum to i-epair thither; And yet, notwithstanding this, if your Excellency and Council should Judge our proposals not sufficient, but should see cause to order more men to the said fort, that it may be done by towns in equal proportions, throughout the said Province, and that New Castle take the lirst turn. Past by the House. Sam' Kcais, Clerk. May the 8''', 1708. [p. 249.] A full vote was sent up to the Board hy the House of Representatives, in hcec verba sequen : Whereas a list of soldiers' wages to Norridgawackand Port Royal, as also transport vessels and other debts, a list of which lies with the Assembly, amounting to one thousand sixty nine pounds, eleven shillings ; One hundred and eighty pounds of the said sum being for the managing our affairs by our Agent in England, on further consid- eration add thirty pounds nine shillings, to make the whole sum eleven hundred pounds : Voted, that a Rate be made on all persons and estates throughout this Province, in equal proportion, according to 362 province: op new-Hampshire. [1708. former rules, for tlie abovesaicl sum of one thousand sixty nine pounds, eleven shillings, with the addition abovesaid, to be paid in the species to the several persons in each town to. whom the Province is indebted at the price set on the said species; And that all to whom the Province is indebted shall take their respective del)ts in said species (his Excel- lency ready money royally advanced by any person only excepted) and what due on such accounts to be brought into money and soe paid, which said Rate or assessment shall be made and committed to the several Constables, soe as to 1)6 collected Ijy the last day of December next ; That the Treasurer's trouble will be much lessened by the Constable or other person appointed in each town to pay the same, That he may only receive nine pence in the pound for this whole Rate, and that a committee of both Houses be ap- pointed to set the prices of the species the Rate to be paid in ; this together with the income of the River, wee hope may answer the ends. Past by the House. May 8"', 1708. Sam^ Keais, Clerk. Voted in Council, that Mr. Ellott and Mr. Plaisted be a committee along with two of the Representatives, to con. • sider of the species, and sit this afternoon. Cha. Story, Secretary. Major Smith, Capt. Dudley, are appointed to join with those of the Council to settle the species. Sam' Keais, Clerk. 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 363 [p. 250.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Monday, the W of May, 1708. Present, His Excellency Joseph Dudley, Esq., Governour, Major W"' Vaughan, Peter Coffin, ) ^ Sam^ Penhallow, ) j. Robert EUott, j ^^^^^- John Plaisted, j ^''^^^' Ordered in Council, that whereas the sessions have neg- lected to appointe a person in the several Towns to take account of the ratable estates according to an Act of As- sembly, entitled An Additional Act for the equal assessing and collecting of public taxes, The select men of the sev- eral towns are hereby required to proceed to lay the taxes for this year without any such return, the said Act notwith- standing, according to former custom ; and the Assembly will then further advise. The Representatives voted a concurrence with the Hon"*^ the Council. Sam^ Keais, Clerk. Upon reading the petition of Samuel Shipperd and .... True, on behalfe of several other inhabitants lying near the line of both Provinces : Ordered, that what goods have been restrained by the Constable of Hampton from said True be returned to him again ; the tax being taken by the Constable of Salisbury six days before. Ordered, that Mr. Walton from time to time employ the soldjers at the fort at New Castle in the repair of the works while they are off their duty, keeping account hereof that they may be paid six pence per diem for their service, be- sides their wages. Ordered, that one hundred and thirty one pounds, ten shillings, be paid in course out of the Province Rates for 364 PROVINCE OF NEW HAMPSHIRE. [1708. service for Capt. Walton and four soldjers at the fort W™ and Mary, from the 25*^ ^larch, 1T07, to the 25"' March, 1708- [p. 251.] Ordered, that Mr. Secretary Story's debenter, for his service in tliat post, amounting to forty five pounds, thirteen shillings, being approved of by the Assembly and allowed at this Board, be paid out of the eleven hundred pounds tax raised this session. The following vote was sent up to this Board by the House of Representatives : Voted, that a Latin School be kept in Portsmouth ; that the school master from time to time be appointed by his Excellency, Council, and settled minister of the town. And that the said school master be paid by the several towns within this Province after the rate of fifty pounds per annum, besides what the select men of Portsmouth shall order to be paid by each of their inhabitants that sends his child to learn Latin ; and to be a free school for writers. Readers and Latinists, &c. ; the sum to be paid by each town, viz : Portsmouth twenty eight pounds, Hampton eight pounds, Exeter six pounds, Dover six pounds. New Castle forty shillings ; And that this Act continue in force for and during the space of two years and no longer — tliento cease and end ; And that the select men in every town within this Province make assessment on their inhabitants for each of their projwrtions as aforesaid, to be collected and paid unto the said schoolmaster yearly, by the first day of March ; And if the select men in each town or any of them shall fail of making such assessment, it shall be lawful for any two Justices of the Peace in this Province to issue forth a warrant or warrants, directed to the Sheriff, to levy on any of the select men or their estate for any such sum not paid according to the time. May the 10*, past by the House. Sam' Keais, Clerk. 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 365 May 10"', 1708. Read in Council and consented to, nemine contradicente, and to be past into an Act. Cha. Story, Secretary. Province of New Ilanips'"''. [Seal.] An Act for a free School to be kept at rortsmoutli. Whereas there is noe Latin Scliool as yett Established in any town in this Province, for the enconragement of learning and virtue:* Be it therefore Enacted by his Excellency the Governonr, Coun- cil and Eeprescntatives convened in Generall Assembly, and by y^ Authority of y<' same, That a Latin School bee kept att Portsmouth in y*' said Province ; and that the schoolmaster from time to time bee appointed by liis Excellency, Council, and settled ministers of the Town ; and that the said school master bee payd by y^ severall Towns within this Province, the sum of tifty pounds money pr. Annum, besides what y'' selectmen of Ports'"° shall Order to be pd by each of those Inlialntants that send their children to learn Latin ; And to be a free school for writers, readers and Latinists ; & the severall sums to be pd by each Town are as follows, viz : Portsm° twenty eight pounds, Hampton eight pounds, Dover six pounds, Exeter, six pounds, and New Castle two pounds; and that this Act continue too [2] years. And that the selectmen in every town within \'^ Province make assessments on their Inhabitants for each of their proportions, as aforesaid, to be collected and payd unto the said schoolmaster yearly, by y'' tirst day of March ; and if y" select- men in each Town or any of them shall fail of making su.cli as- sessments, itt shall be lawful for any two Justices of the Peace in the Province to issue forth a warrant or warrants, directed to y^ sheritf, to le\'y' on any of y'= selectmen or their estates, for any such sum not payd according to time, to pay the same to the school- master from year to year. Eead tlu-ee times in the House of Representatives and past to be Enacted, andsent upp to the Hon''''' the Council for their concur- rence. John Pickerin, Speaker. *[We conclude, therefore, that this was the first Latin free school established in New Hampshire. As early as 1658, there was a school in Dover in which the master was requested to teach " to reid, write, cast a comiite, latine, as the parents shall require." See Provincial Papers, Vol. I., p. 312. And umler the Laws of Mass., "every town con- sisting of one hundred families or upward was required to set up a (irammar School' and appoint a m.aster able to instruct youth so as to fit them for the Colledge," &c. — Prov. Pap., Vol. I, p. 312.— Ed.] 366 PROVINCE OF NEW-HAMPSHIRE. [1708. Eead three times at the Council Board, and voted a concurrence with the House of Kepresentatives, his Excellency assenting tliereto. Cha. Story, Secretary. I assent to the Enacting this Bill. J. Dudley. Ordered, that Samuel Peiihallow, Esq., Treasurer, his de- benter, amounting to eleven pounds two shillings, being so much paid by him toward the Governour and Council's en- tertainment, and other necessary expenses of Capt. Chisley's Company when at Nantassett, be paid him out of the Treas- ury. [p. 252.] The several Inlls following, having been three several times read and passed both Houses, were consented to by his Excellency and by him signed accordingly : An Act for the better preservation of all Mast Trees or white pine Trees within her Majesty's Province of New Hampshire. An Act for the raising of eleaven hundred pounds for de- fraying the publick charge of the Province. An Act for continuing several Rates and duties of Excise, Custome, Impost, and Tonnage of shipping. An Act for selling of part of George Walton's estate for payment of Debts. An Act for a free School to be kept at Portsmouth. Ordered, that Robert Thompson be paid five pounds out of the present tax, for an Indian scalp lately taken by him at Oyster River. Mr. Treasurer Penhallow's ace', for sundrys advanced for supplying the forces to march ag' the enemy at L'Acadie and Nova Scotia, amounting to 518"' : 8^ : 10, out of which there remains due to the Province So"" : 11^ : 5*^, was read at this Board and allowed and approved of, as upon file. The muster roll on account of the service of soldjers at the fort W™ and Mary for the year 1706, signed by Capt. Shadrach Walton, am" to seventy one pounds, seven sliil- lings and one penny, was allowed, and signed by the Gov- 1708.] JOURNAL OP COUNCIL AND ASSEMBLY. 367 ernour in Council for payment of the same, and counter signed by the Secretary. Prorogued till Wednesday, 8"> T'"", 1708. Prorogued till Wednesday, the 17"' Nov., 1708. [p. 253.] Province of Xew Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on Wednesday the 17'^ November, 1708. Present, His Excellency Joseph Dudley, Esq., Governour, Peter Coffin, ) John Gerrish, ) Robert Ellotfc, \ Esqrs. W" Vaughan, [ Esqrs. Nath' Weare, ) Sam^ Penhallow, } John Plaisted, Esq. Mr. Secretary Story was sent as a message to the House of Representatives to call them to this Board, who accord- ingly came, and his Excellency the Govern'' was pleased to make the following speech, in haic verba : Gentlemen: — The snnimer is past since your last session, and by the good Pro\'idcnce of God wee have been preserved from any insult of the enemy,, tho' their march upon us in August put us to a very great cost to defend a long frontier, being uncertain where they would make their, impression. And at last they have nothing to boast of at Haveril, tho' we might have done much more upon them if wee had taken the proper advantages otfered us. The march of soe many forces necessarily in both Provinces hath much aggravated the year's charge ; notwithstanding I rose as late, and disbanded as soon, as possible. Mr. Treasurer will lay before you, Gentlemen of the House of Representatives, the present Debt upon the Province, which I must justly expect you will take cai-e to discharge ; otherwise wee shall not be able to sui)port our selves, if soldiers be not duly satisfied and paid. [p. 254.] You will also remember your Agent, who is well ar- rived, and very diligent in y'' service, and must be supplied with what is necessaiw for his reputation and dispatch of his attendance. 368 PROVINCE OP NEW-HAMPSHIRE. [1708. Mr. W"" Cotton was sent as a message from the House of Representatives to this Board, with the following vote : Voted that his Excellency the Governour have the thanks of this House given him for the care of this Prov- ince last summer, by -covering the frontiers with soe good a number of forces, which has prevented any inroad of the enemy. Nov. 17"'. 1708, past by the House of Representatives, and sent up to the Council for concurrence. Sam^ Keais, Clerk. 17'" Nov'"-, 1708. Read in Council and agreed a concurrence, neniine contradicente. Cha : Story, Secretary. Adj'^ till 10 o'clock to-morrow morning. [p. 255.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', Thursday, the 18"' November, 1708. Present, His Excellency Joseph Dudley, Esq., Governour, Peter Coffin, ^ John Gerrish, ^ Roliert EUott, [ Esqrs. W" Vaughan, > Esqrs. Nath' Weare, ) Sam' Penhallow, ) John Plaisted, Esq. The following answer to his Excellency's speech was sent up to this Board by the House of Representatives. May it please your Excellency, — Wee, the Eepresentatives con- ven'^ in General Assembly, are higlily sensible of your Excellency's great care and good conduct of this lier Majesty's Province all along, which we are heartily thankful for, and pray the continu- ance of. We crave leave in some measure to make answer to your Ex- cellency's speech; wee are sensible by the Tx*easurer's accounts 1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 36D now before the Assembly, that there is money disburst by him the last summer past, and shall be ready and willing, in the season of it, to raise so much money as may be sufRcient to pay all Just Debts made appear to be due fortius year; but considering- the last Task [Tax?] of eleven hundred pounds being nothing near gathered into the Treasury, whicli at the raising thereof was ac- counted sufficient for payment of all Debts formerly due, also the poverty of the inhabitants and the great consternation the people will be put into if more mony should be i-aised, before the other tax be collected ; AVe also pray that at the raising of the next tax, wee may be allowed to I'aise what money may be sufficient for supporting our agent in England. Past by the House. 18"' Nov., 1708. Sam' Keais, Clerk. [p. 250.] Ordered, that the Sheriff take care for tlic re- pair of the prison and the addition of a Leantoe* for a lodging for the keeper, and a yard about the whole building to prevent correspondence with the prisoners ; and that he desire the advice of the Gentlemen of the Council in Ports- mouth for the dimentions and manner of building ; the charge to be paid by the Treasurer. Voted, that the inhabitant freeholders of Kingston within her Majesty's Province of New Hampshire, from this day forward h.ave free liberty for sending one Representative for the said town to sit in General Asscmljly. . 18"' November. Past by the Council and sent down to the House of Representatives for concurrence. Cha. Story, Secretary. Eodem die. Read in the House of Representatives and agreed a concurrence with the Honorable the Council. Sam' Keais, Clerk. Voted, that a committee of two persons, viz., Capt. Pick- erin and Major Smith, doe join with two of the Council to receive and examine the claims of all persons claiming debts due from this Province ; and lay the same before his * A part of a building which appears to lean on the main building. — Web. J>ic. 24 370 PROVINCE OF NEW-HAMPSHIRE. [1708. Excellency, Council and Assembly, at their next sitting, in order for allowance thereof. Past by the Honse. Sam' Keais, Clerk. Eodem die. Read in Conncil, and ordered that Mr. Treasurer Penhallow and Mr. Plaisted be a Comittee to join with the Comittee above, and that they sit the first Monday in December next, and so the first Monday in every month during this winter, and till the next session of the General Assembly, and that the Secretary sit with the said comittee and issue forth proclamations to notify all creditors to bring in their claims. Cha. Story, Secretary. [p. 257.] Ordered, that Robert Ellott and John Plaisted , Esqs., be appointed a comittee to audit tlie following ace"' of Mr. Treasurer Penhallow this afternoon, and to bring their report accordingly, viz : An Account Am° to IS'" : IV : 1'^, to sundrys advanced for supply of the fort W"^ and Mary. An Ace*, Am" 144 : 19 : 8, for subsistance of soldjers in the frontiers, &c. An Ace', Am° to 47 : 8 : 7, for sundryes advanced about entertaining the Govern"^ and Council, and other disburse- ments. The said Robert Ellott and John Plaisted, Esqrs., having audited the said acc*% made report to this Board that they had examined the same and find them to be just and honest ace"*. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. "STl [p. 259.] Province of New Hampshire. At a Council and General Assembly ^ held at Portsmouth by prorogation, on Wednesday, the fourth day of May, 1709. Present, Major W™ Yaughan, Robert Ellott, ) -^ Sam^ Penhallow, ) y John Gerrish, \ ^^'^^^' John Plaisted, j ^^^'^^• His Excellency the Governour's letter, dated Boston, the 30*^ April, 1709, was communicated to this Board, being in lisec verba sequen : Boston, 30"^ April, 1709. Gentlemen : — "When I sent the last prorogation of the Assembly I intended certainly to have visited you and holden the Assembly, for which I had then very urgent reason, to take care to pay the Province Debts, "uiiich by the comittee I left at the last sessions (for that end) I hope is prepared and adjusted an account of all the Debts. I have now further reason to hold the sessions that you may take care to dischai'ge your agent's (Capt. Vaughau's) debts in England. But soe it is that their Majesties' commands for the service of Quebeck, &c,, are this day come to my hands, which beuig of the utmost consequence must necessarily take up all my time and thoughts at present. I therefore doe hereby order the meeting of the Council and the sessions of the Assembly, on Wednesday, where I desire this letter may be comunicated, and I desire you will proceed to an Act for granting to her Majesty a sum suflBcient for the payment of the debts, -svith addition of five hundred pounds to be applied, what is necessary of it, to the pajniient of tliic agent's disbm'se, and six hundred more towards the expense of the suunner for the forces in the great expedition commanded by her Majesty for the only benefit and everlasting settlement of these Provinces. [p. 260.] I need not say any tiling to you to induce your ready grant of whatsoever is necessary in these articles, and I pray you to let mc be so far a judge of them as to say, the sums i^ropounded are the least I can expect. Your Agent I'eturns with so much success and honour in your service, and the i^resent gi-eat expedition is so much our own, that wee shall surprize 'everybody not to be the first in our ready obedience. 872 PROVINCE OF NEW-HAMPSHIRE. [1709. The Act may be past in a day or two in dvie form, with the usual preface, which INIr. Secretary will take care of, and if it be past and signed by the Secretary and Speaker and covered to me, I will sign it and return it. and this is all that I can doe at this junctifre ; Some time hence, I hope to visit you, and congratulate you upon all the heads of good news wherein your share is the greatest. I am. Gentlemen, your very humble servant, J. Dudley. To Mr. Secretary Story, to be comunicated to the Council, &c. The abovesaid letter having been read at this Board was sent down to the House of Representatives. Adjourned till to-morrow morning, nine of the clock. [p. 261.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, on Thursday the fifth day of ^lay, ante merediem. Present, Major W"^ Yaughan, Robert Ellott, ) ^^^^.^ Sam' Penhallow, \ ^ John Gerrish, \ ^'^^'' John Plaisted, | ^'^^'• Mr. Secretary Story was sent as a message to the House of Representatives to know if they had any business ready relating to the Queen's service to lay before that Board ; who answered, none at present. Adj'' till to-morrow, ten of the clock, ante merediem. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 373 [p. 262.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Friday, the sixth day of May, 1709, ante mere- diem. Present, Major W™ Vaughan, Robert Ellott, ( ^^ ^.^ Sam' Penhallow, ) ^^ ^,g John Gerrish, j ^ * John Plaisted, ) ^ Ordered, that the Secretary write a letter to his Excel- lency, in ha3C verba sequen : JTay it 2^1 ease your Excellency : — The unexpected tidings of your Excellency's illness have occa- sioned more than ordinary thoughtfulness of the gentlemen of this Board, especially considering the present juncture; upon which we have desired Mr. Treasurer to signify our condolauce, and withal to give your Excellency an account of the proceedings of the Assembly at this session : wee humbly pray the favour of your Excellency's presence as soon as may consist with your Excel- lency's conveniency. Just now, being six of the clock in the aftei-noon, wee acciden- tally heard the sad news of four men that were yesterday at nine in the morning carried away from Pick. Pocket mill, at Exeter; But notwithstanding the General Assembly being sitting, wee had no advice from any officer there, which is very surprizing to us. Wee heartily wish your Excellency all happiness, and crave leave to subscribe, Sir, Your Excellency's most humble and obedient serv"*. Per Order of the Council. Chas: Story, Secretary. Ordered, that an Imbargoe be forthwith laid on all mer- chant ships and vessels in this port, and that proclamations be sent out by the Secretary in form of the proclamations published in the Massachusetts Goverment. 374 PROVINCE OF NEW-HAMPSHIRE. ' [1709. [p. 263.] ProYince of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the 12''' of May, 1709, ante merediem. Present, His Excellency Joseph Dudley, Esq., Govern'^, &c., Major W"' Vaughan, Robert Ellott, ) j. .^ Peter Coffin, Esq., Sam' Penhallow, ) ^ John Plaisted, Esq. Mr. Secretary Story was sent as a message to call the House of Representatives to this Board, who actordingly came, and his Excellency was pleased to make the follow- ing speech, in hajc verba sequen : Gentlemen, — I was willing to see you at this time to congratulate you upon the great Articles before you, referring to her Majesty's good subjects of this Province. Her Majesty iu her Eoyal favour has given dispatch to your affairs depending in law, and at your humble instance and address has bestowed upon this Province for their defence, ammunition and other stores to a very great value, and to crown all her other favours, and to add to the glories other Reigne, is equiping a no- ble fleet for the reduction of the French and Indians, our barba- rous Enemies, and to put these Provinces to a lasting peace, which by experience wee find not to be obtained without such a superi- our force as her Majesty in her Eoyal wisdom has determined to advance, to an expense of the greatest value. I think it my duty hereupon to move you, after a Religious Thanksgiving to Almighty God, humbly also to address her Maj- esty with your sincere thanks for these great and* undeserved favours, and to resolve to manage yourselves so, iu all instances of duty, particularly in a cheerful obedience and preparation for the present expedition, which may assure her most sacred Majesty that your lives and estates are at her service at all times ; And that you will be just and raise what is necessary for the payment of your debts and the advance of the present expedition. [p. 264.] I had your assurance the last session that at the sea- son your Debts should be all paid, and accordingly to save the time wee left comittees to pass thro' the Debts, that wee might have no further trouble. If we expect the favour of Almighty God, and the protection of her Majesty, it is to be had upon no 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 375 other terms than that of doing our duty, aud bciug just to all those that have served the Province, especially in the wars. If our soldiers be not paid, we must not expect to be defended. I am not to doubt of your readiness herein, and the atiairs will not allow me to tarry above two days in the Province, wherefore I must desire you to use all possible dispatch. Adjourned till three o'clock, post merediem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, tlie twelfth day of May, Anno Domini 1709, Post merediem. Present, His Excellency Joseph Dudley, Esq., Govern our, &c., Peter Coffin, ) ^ Robert Ellott, ) ^ W" Yaug-han, \ ^^^'^- Sam^ Penhallow, j ^^^''^• John Plaisted, Esq. The following vote was sent up by the House of Repre- sentatives in hrec verba sequen : Yofed, That an Act be past for granting to her Majesty the sum of seventeen hundred and twenty pounds, to be paid in species or mony, at the value mentioned in the last tax, and to the uses following, viz. : Four hundred and forty pounds out of the first mony to be collected and to be [p. 265] improved in carrying on the expedition against Can- ada, &c. ; four hundred pounds to be paid Captain George Vaughan, our agent, towards his disbursments in England; one hundred and sixty pounds to his Excellency our Govern- our ; two hundred pounds for defraying Major Vauglian's disbursments when our agent, who borrowed money in England ; three hundred and fifty pounds to be paid the treasurer towards his disbursments for the Province ; one hundred and thirty pounds to the fort W'" and Mary ; ■thirty-three pounds to Mr. Secretary Story, and seven pounds to Colonel Packer. The whole sum am" to seven- 376 PROVINCE OF NEW-HAMPSHIRE. [1709, teen hundred and twenty ponnds to be raised and collected, viz. : four hundred and forty pounds, by the first day of September; and the other twelve hundred and' eighty pounds Ijy the last day of December ; and to be paid in the same species at the same prices as in the last Act of eleven hundred ])Ounds is specified, and no abatement to be made on any of those species in payment of the Debts. The Treasurer to have nine pence in the pound for receiving and paying. May 12"'>, 1709. Past by the House. Sam' Keais, Clerk. May 12^% 1709. Read at the Council Board, and consented to, nemine contradicente. Cha : Story, Secretary. [p. 2GG.] The following memorial was sent up to this Board from the House of Representatives, in htec verba sequen : A Memorial of wdiat is forthwith necessary for the«pres- ent expedition to Canada, which nothing but ready mony will purchase. A"iz : Forty four Barrels of Pork, repack' and cut up into mess pieces. One thousand weight of Bread. Three Hhds. of Rumm in the room of Beer for soldjers. AVine, Sugar and Spice for the Officers and sick men, twelve pounds. Forty bushels of peas. Four Barrels of flower. Eighty weight of Candles. Kettles, Bowls, Platters, Plank, Boards, nails, spikes, cordingly paid them. ) Cha. Story, Secretary. "Whereas, Capt. George Vaughan, our Agent for England, is now returned and given us a good and satisfactory ac- count of his negotiations there, with several instances of her Majesties Justice and Bounty to her most Loyal and dutiful sulrjects, the inhabitants of this poor Province, par- •ticularly her justice in determining the title of the lands to the possessor against the claim of Mr. Allen, as also her Majesties favor and Bounty in granting us so large a supply of ammunition in this time of war ; and forasmuch as we find it necessary to make further application to her Majestic, in order to a further perfecting of the future quiet and happi- ness of this Province : 382 PROVINCE OP NEW-HAMPSHIRE. [1709. Voted, that Capt. George A^aughan be continued our Agent ; and that he be notified to be ready to take another voyage for England in the service of the Province, as soon as he shall receive instructions from the Governour, Coun- cil and Assembly for the same ; and that we will at the next sessions raise money to support him in the service [p. 273.] both by defraying his charge and allowing him a salary for his service, as formerly. May 14"\ Past by the House — 1709. Sam^ Keais, Clerk. l-i"» May, 1709. Consented to in Council. Cha. Story, Secretary. Whereas, Mr. Francis Liford, of Exeter, was lately chosen Constable, to serve this present year, but being acc'"''^ very infirm by sundry ailments, whereby he seems very unfit for that service : Voted, that the town of Exeter forthwith choose a suit- able person to serve in the said Lyfords room, and that the selectmen act therein accordingly. Past in Council the 14"' May, 1709. Cha. Story, Secretary. The several Bills following, having been three several times read and passed both Houses to be enacted, were con- sented to by his Excellency and by him signed accordingly: An Act for raising 1720"''' for payment of the Province debts, providing for subsistance of our quota of men to join with the forces now designed against Canada, and for de- fraying the charges of our Agent for England. An Act for Continuing several rates and Duties of Excise, Custom, Impost, and Tonnage of shipping. His Excellency the Governor directs that on Wednesday or Thursday next, upon motion of [p. 274.] the House of Representatives to the Council, that they have done the set- tling and adjusting the Debts of the Province, that the said 4 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 883 Council doe in his Excellency's name prorogue the General Assembly till Wednesday the seventh day of September next. J. Dudley. Adj*^ till Monday morning next, 10 of the clock, ante merediem. Province of New Hampshire. At a Council held at Portsmouth, on Monday the 16'^ May, 1709, by adj', ante merediem. Present, W"^ Yaughan, J John Gerrish, > Esqrs. Sam' Penhallow, ) j^ Robert Ellott, ) John Flaisted, \ ^^^^''*- Adj'^ till to-morrow morning, 10 of the clock. [p. 275.] Province of Xew Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Thurs- day the 17"' May, 1709. Present, W" Vaughan, ) John Gerrish, > Esqrs. Sam' Penhallow, ) j^ Robert Ellott, ) John Plaisted, ] ^^^^'^• The following votes were sent up to this Board, in haec verba sequen : New Hampshire, May 17^'', 1709. Whereas the four hundred pounds granted by this Assembly towards the defraying of the charge of Capt. George Yaughan, our Agent in England, cannot be imediately collected so as to answer the present occasion : Yoted, that the Treasurer be desired to take up so much money forthwith at interest, to pay the said sum with interest we promise to make good, until the four hundred pounds be 384: PROVINCE OF NEW-IIAMPSHIRE. [1709., collected and paid into the Treasury according to the Act of Assembly. Past by the House. Sam^ Keais, Clerk. Voted, that the kindness and favor of Colonel Francis Nicholson, Esq., to our Agent, Capt. George Vaughan, in behalf of this Province be thankfully acknowledged, and that a letter be drawn up accordingly and signed by Mr. Speaker in behalf of this House. Past by the House. Sam' -Keais, Clerk. 17"^ May, 1709. Adj'' till to-morrow morning, 10 of the clock, ante me- redicm. [p. 276.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Wednesday the 18"> May, 1709, Ante Merediem. Present, W™ Vaughan, ) John Gerrish, f Esqrs. Sam' Penhallow, \ p Robert Ellott, ) John Plaisted, p^" 1'^' The House of Representatives sent u]) to this Board a list of what Debts they could find to be justly owing from the Province to the several persons therein mentioned, as upon file. (Sent it to Mr. Keais, 6'" Dec, 1709.) Mr. Secretary Story was sent as a message to call the House of Representatives to this Board, who accordingly came. And the Gentlemen of the Council, pursuant to his Ex- cellency's direction, prorogued the General Assembly till "Wednesday, the 7"' day of September next. And accordingly the General Assembly is prorogued till Wednesday, the seventh day of September next. 1>09.] JOURNAL OF COUNCIL AND ASSEMBLY. 385 [p. 277.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Wednesday the 27"^ June, 1709. Present, The Honourable John Usher, Esq., L* Governour, Peter Coffin, | ^ W™ Vaughan, ) ^ Robert EUott, \ ^"'i'^* . Sam' Penhallo^v, \ ^^'^'^^ John Plaisted, Esq. His Honor the L' Governor was pleased to make the fol- lowing speech, the Representatives being present : Gentlemen, — • , His Excellency having ace' your quota of men not to be had, transports not dispatched, not full care for supply for subsistance of soldjers for four months full pi'ovision from Nantaskett, and sub- sistance of soldjers while the forces stay; the 14* instant did Order me to come into the Province to lay the same before the Council, and take due care therein. Pursuant to his Excellency's directions, the Council called did sit ; my speech, with their answers, I have ordered the Secretary to lay before your Board as a memorial what to proceed on, to which refer. I have rec'^ from his Excellency, dated the 22'^ instant, to call you together and lay before you wliat otfered in Council, and their an- swer. There will be absolute necessity of raising three hundred pounds in mony forthwith ; the very charge of subsistance for the sold- jers while stay, will not amount to less than proposed; you must consider, Gentlemen, the Treasurer is every week in advance al- ready money for subsistance of your men. I laid before the Council my coming into the Province last year in great hazard of my life ; spent my time & estate for service of the Province, and not one penny rec'^ ; And now by his Excellency's command am come into the Province, Couucil taking the same into consideration did pass a minute, it be laid before next As- sembly, which you are, which minute the Secretary will bring be- fore you. [p. 27S.] I do recommend to your consideration the I'aising of three liuudred pounds for the present expedition to Canada, and mony for time and expenses I have been at in serving the Province. 25 386 PROYINCE OF NEW-HAMPSHIRE. [1700. Gentlemen: — You may soon dispatch what is laid before you for consideration. His Excellency gives his service to you and to let you know the honor of the Government doth lie at stake, for having a full supply of your quota of men and disbursement, that may be for tliis ex- pedition. I am informed her Majesty's fleet from Great Britain, bound hither, is set out. Hope you will be expeditious in your results. By Mr. Penhallow, I received^a letter from his Excellency, 24''* June, to be communicated to this Assembly ; Have Ordered Mr. Secretary so to do. Likewise have another of the same date, giving an account of two hundred Indians come over the Lake from Mount Royall; been thirty two days on their March. On receipt thereof the Troo^)S and forty men are ordered upon duty, but no provision ; neither is there provision for men at the fort ; Supplies for which will not be less than 100"'% which must speedily be raised, by reason advance last year for provisions for soldiers in service not paid, none will now advance. I have ordered the Treasurer to lay before this General Assembly a true statement of what's recommended now to you ; And Order Mr. Secretary to ^Dresent you with a minute of Council as for sup- plies. The House of Representatives sent up the following vote, viz : To the hon'"'^ Jn° Usher, Esq., Lieut. Gov'' of this Province, and. Council : May it please your Hon'"% in answer to the L' Gov''* Speech, as given by his Excellency's direction to the As- sembly, setting forth the raising more money for supplies of our quota of men in the Expedition to Canada, We crave leave to inform, that our poverty is such that one third of the inhabitants have not bread to eat, nor wherewithal to procure it ; there being a 1700"' tax forthwith to be paid, which we fear will be very hard and difficult for the poor people to pay. The raising more mony soe suddenly will put the inhabitants into such a consternation that we fear all will be in a flame ; however, have agreed to raise 150"'^ for defraying those charges proposed in your Hon''* speech, 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 387 as is particularized in our Tote sent up, y' being the sum of what we can do at present. 27* June, 1709. Past by the House. Sam^ Keais, Clerk. The following vote was sent to this Board by the House of Representatives, in hjBC verba : Pursuant to the Hon'^^^ John Usher, Esq., L* Govern" speech to the Assembly by his Excellency's direction, setting forth the necessity of raising more mony for subsistance of our quota of men in the Expedition to Canada, and the scouts on the frontiers, both of foot and Horse : That a Rate be made on all persons and estates through- out this Province, to the value of one hundred and fifty pounds, in equal proportion on the several towns, to be forthwith collected and paid to the Treasurer within three [p. 279.] months, as aforesaid by Law, for the Constables gathering Rates ; five pounds whereof to be paid to his Honor the Lieut. Governor, fifteen pounds to be laid out for provisions for foot and horse appointed to be a scout on the frontiers ; and one hundred and thirty pounds for support of our quota of men, being ninety four men bound for Canada. Past by the House. Sam' Keais, Clerk. Pray the said vote may be enacted and engrossed. Sam' Keais, Clerk. 27* June, 1709. This vote was consented to by the Council. Cha : Story, Secretary. June 27*, 1709. Read in Council, and they desired his Honor would call the House of Representatives and hold a conference, for that the sum of 150 lbs. would not answer the ends proposed. His Honor the Lieut. Governor sent Mr. Secretary Story as a message to the House of Representatives, to call them 388 PROVINCE OF NEW-HAMPSHIRE. [1709. to this Board, who accordhiglj came, and his Honor did acquaint them that the sum of 150 lbs. mentioned in their vote would not answer what he proposed to them in his speech ; and that the equipping of the transport vessels to Sea with good ground tackling, &c., being for the safety of men's lives, was of as absolute necessity as any thing else ; and that it was the mind of the Council they raise more mony to answer all things mentioned in the said speech, if they made it payable, six, nine, or twelve months hence, So then the Treasurer could provide at present all necessa- ries needful, he having a fund for the same and they allow- ing interest. The Conference being over, the Representatives went to their House and immediately sent up the following vote to this Board : May it please your Honors, — As to the Second motion made by the Hon'^''^ the Lieut. Governour, for raising more money than voted for already, we humbly answer, wee have already laid before your Hon- ors the poor state and condition of our Inhabitants, how iincapable they are. Wee further crave leave to inform you -as to the state of the fort at [p. 280.] New Castle. There is a stated company of men there, paid both meat and wages by the Province. If those should not be suffi- cient, we pray your consideration in this, that whereas by Law one half of every company are, on any alarm, forth- with to march thither for relief, not only this, but the whole town of New Castle have been and still are, exempt- ed from all other services save there ; And for their doing duty at said fort will be far easier to them than any other town, all the frontiers being constantly on duty, watching, warding, and scouting, finding themselves provisions ; and for such to be taxed for finding others that doe nothing near their duty would be a hardship on her Majesty's good subjects of the frontier ; And that if more men must at- tend the fort it may be done by those of said New Castle 1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 389 that do no other duty. All which we humbly offer to con- sideration, being humbly of opinion New Castle men suffi- cient to supply the said fort with men, and find themselves, as others of the frontiers do, and that the mony already raised may attain the end for present. June 27% 1709. Past by the House. SamI Keais, Clerk. His Honor was pleased to acquaint the Gentlemen of the Council that according to his Excellency's Commands he had called an assembly and had laid before them the great , necessity of raising three hundred pounds for subsistance of our quota of men, as also to raise mony for provisions for the fort W™ and Mary, and for the troops and forty sol- diers to scout at the frontiers, the enemy being expected every day. And that the equipping of the transport vessels to sea with good ground-Tackling, &c., being for the safety of men's lives, was of as absolute necessity as any thing else, and that instead of raising mony sufficient to answer those ends, they have only raised one hundred and fifty pounds, which is much short of what his Excellency ex- pects. Therefore his Honour communicated his Excel- lency's letter to this Board, of the 22'^ current, relating to the Assembly, and desired their advice therein, which let- ter is in the hand of the L' Governour. [p. 281. J The Council were of opinion that it was very proper the Assembly should be dissolved. Mr. Secretary Story was sent as a message to the House of Representatives to call them to this Board, who accord- ingly came. And the Act, — Entituled An Additional Act for the subsistance of our quota of men to join with the forces now designed against Canada, &c., was past and enacted. Then His Honor the Lieut. Governor, by advice of the Council, dissolved the Assembly : And the Council advised 390 PROVINCE OF NEW-HAMPSHIRE. [1709. that another be called, and sitt on Thursday next, ten of the clock in the forenoon, to which time the Council is ad- journed. [p. 282.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the . 30*'" June, 1709. Present, The Honourable John Usher, Esq., Lieut. GoTernour, Peter Coffin, ) W" Vaughan, > Esqrs. Sam^ Penhallow, ) -p Robert Elliott, ) John Plaisted, \ ^^'^'''• Mr. Sheriff made return of his precept about the elec- tion of a new Assembly. Peter Coffin and W™ Yaughan, Esqrs., were appointed to goe to the House of Representatives and administer the oaths appointed by Law to the Assembly men returned by the Sheriff, and that Mr. Secretary Story attend the said Peter Coffin and W™ Vaughan, to administer the oaths accordingly. The names of the Assembly men that then took the oaths appointed by Law, viz. : — Portsmouth. Dover. Capt. Mark Hunkin, ' Nath^ Hill, Richard Gerrish, Steph. Jones, Sam^ Keais. Zekiel Wentworth. Hampton. New Castle. Major Joseph Smith, Theodore Attkinson, Esq. Dan' Tilton, Ephraim Marston. Exeter. Theophilus Dudley, ) g^^^.^ ^^^ ^,, j^^ ^^^^c,. Nicholas Gilman, \ -^ ' 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 3-91 Mr. Plaisted was sent as a message to the House of Kep- reseiitatives to direct them to proceed to the choosing a Speaker of this House. The House of Representatives being called to this Board presented their Speaker, Mark Hunkin, Esq., which his Honour allowed, and then made the foil, speech, in htec verba : — Gentlemen: — I ara glad of the oppoi-tunity of meeting with you, and to see your readiness ; security of life and estates de- pends upon your proceedings and dispatches ; what was laid before last assembly shall order the Treasurer and Secretary to lay before you, to which refer for your consideration : [p. 283.] Supplies for subsistauce of soldjers, equipping trans- ports, &c. ; for which purpose three hundred pounds, if money be not raised, your frontiers not safe, and transports will not be fitted out. For answering the abovesaid, jn-opose an Act for a sum to be paid into the Treasury about nine or twelve months hence, and the Treasurer to take mony at interest, for the same, what ad- vanced being all ready mony. That Honourable last Assembly was pleased to raise 150 lbs., signifying the last Assembly before their then sitting had raised 1700 lbs. ; and that the raising more mony soe suddenly will put the inhabitants into a consternation, that they did fear all would be in a flame ; if mony be not raised, if all be not in a flame, all must sink. I am surrounded with great complaints, great Debts due, and some of long standing, and persons cannot obtain their rights, nor have their ace"* justly adjusted for relief therein ; hope you will take care at your next session to relieve the oppressed, and do justice to all. Gentlemen, — I hope you will shew yourselves loj-al subjects and true Lovers of yo'' Country, in dispatching what is laid before you for supplies in Expedition to Canada, And security of this her Majesty's Goverment. His Excellency's letter of the 28"' curent, directed to Colonel Usher, Lieut. Governour, relating to Transports and raising mony for quota of men, and to send thirty men wanting of our complement, was communicated. Letter left with the L* Governour. 392 PROVINCE OF NEW-nlMPSHIRE. [1709. His Excellency's letter of the 28"' curr', directed to the Honorable Major W'" Vaughan, Esq., was comunicated to this Board, in ha?c verba sequen : Boston, 28"^ June, 1709. Sir : — Tlie worst tiling is coming towards the Province of Xew Hamp- shire that ever yet happened to them, that is the loss of their rep- utation with her Majesty and the Government ; I have here but sixty men of one hundred, and eight of them are ah-eady run away ; And all your Goverment civil and military are not able, and therefore not willing to raise, them ; and the reason is because the Assembly has not in time past i^aid them as [p. 284.] they ought; nor will now raise the mony necessary for them, which I must plainly lay before her Majesty, if not now complied with. And there are men in the world will be glad of such a handle to doe their own business by. If I have not thirty men sent, I am also ui"»on the defense of my self at home. I can boast how I have with five hundred men at a time defended the Province with the Massachusetts men and mony; and am ready always to do it; and expect to be obeyed when her Majesty's commands are so just and good. I desire you to comunicatc this letter to the Gentlemen of the Council, Mr. Waldron and others, who have reason to concern themselves in this soe great a failure. And let it be lodged with Mr. Secretary for my own justification, Avhich I must take care for. Your servant, J. Dudley. To the Honourable AVilliam Vaughan, Esq. To be communicated. Portsmouth. The Council desires that the above letter be comunicated to the General Assembly by Mr. Secretary Story. His Honour the Lieut. Governour Ordered that the same be communicated accordingly, which was done. Adj'^ till 3 o'clock, post mercdiem. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 393 [p. 285.] Province of New Hampsliire. At a Council and General Assembly held at Portsmouth, on Thursday, the 30"' June, 1709, by adjournment. Post merediem. Present, The Lieut. Govern^, Peter Coffin, } ^ W™ Yaughan, ) ^ Robert Elliott, ] ^^^^^' Sam' Penhallow, \ ^^^^'^• John Plaisted, Esq. Mr. Secretary Story was sent as a message to call up the House of Representatives to this Board, to hold a confer- ence relateing to the Town of Exeter not having made a return of the election of their Representatives. The House of Representatives accordingly came up, and his Honour the Lieut. Govern'' acquainted them, that whereas the town of Exeter had neglected to make a returne of their Representatives chosen by virtue of a precept from the sheriff to them directed, that the House of Representatives had full power to issue forth their warrants to summon all the select men of the said town to appear before them and shew cause why they neglected to make such return ; And if they find them to be guilty of contempt or other fault, they had power to fine them as they should see meet. Adj'' till ten of the clock, to-morrow morning. [p. 286.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Friday the first day of July, 1709. Present, The Hon'''® the Lieut. Governour, Peter Coffin, )^ Robert Elliott, )^ W^' Yaughan, j ^^"l'^" Sam' Penhallow, j ^^^^^• John Plaisted, Esq. 394 PROVINCE OF NEW-HAMPSHIRE. [1709. The following vote relating to two members of the House of Representatives was sent up to this Board, in hoBC verba : May it please your Honour, — The select men and town clerk of Exeter have this morn- ing satisfied this House that Capt. Theophilus Dudley and Capt. Nicholas Gilman were at a legal town meeting chosen their Representatives ; we humbly pray they may be quali- fied in order for their admission. July l^S 1709. Past by the House. Sam^ Keais, Clerk. Ordered, that Major TV™ Yaughan and Peter Coffin, Esqs., tender the oaths appointed by law to Capt. Theophilus Dudley and Capt. Nicholas Gilman ; And that the Secretary Administer the same, which was accordingly done. Mr. Secretary was sent as a message to call the House of Representatives up to this Board, who accordingly came. His Honour the Lieut. Gov"^ made the following speech, in hsec verba sequen : Gentlemen : — In the evening 30* June last I reC^ from Captain James Davis at Oyster River, an account one Stevenson was killed by the enemy at four in the afternoon ; lie, with his company upon the march ex- pected a body of the enemy near; prays for help. I iinediately Ordered half of Hampton and half of Portsmouth to march . Capt. Thomas Pliipps, Esq., High Sheriff, [p. 287.] with great chearful- uess, in jierson otfered to march with his men to their reliefe, who accoi'dingly did, I am informed the shallops at sea make discovery of the enemy. I laid before the last Assembly the raising mony sufficient for provision for soldjers for defence of the Province, but they would not. I must acquaint you I have but one day's provision ; what I recommend to you, I hope you will Ilonourablj' comply ; you be- ing surrounded by the enemy hope will make you expeditious in your results. Adj"^ till two of the clock, Post merediem. 1709,] JOURNAL OF COUNCIL AND ASSEMBLY. 395 Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Friday, the 1"' July, 1709, at Portsmouth, Post merediem. Present, The Honourable the Lieuten* Governour, Peter Coffin, )^ W- Yaughan, )^ Robert Elliott, j ^^^''^' Sam^ Penhallow, \ ^^^'^^• John Plaisted, Esq. The following vote was sent up from the House of Rep- resentatives to this Board, in hsec verba : 3fai/ it 2>lease your Honour, — "Wee have cousidered the proposals laid before us and doe fiud it of absolute necessity (tho' wee are present not able) to raise cue hundred and fifty pounds, and therefor have voted accordingly, that time be given for payment ; we note in your Honours speech to us, that the Treasurer should show us the state of the Pro\ince, which wee have perused, and hope what already hath been grant- ed by the former Assembly, with this may be sufficient for the Treasurer's supplying provisions, &c., forsoldjevs, at her Majes- [p. 288.] ty's fort, and for what may be necessarily ordered on the frontiers, besides his equipping the exi)edition for Canada, and therefor accordingly it is Voted, That the hundred and fifty pounds be applied first to the equipping the Transports for the Cannady expedition, and for sup- port of what soldjers shall be necessarily posted at her Majesty's fort and scouting on the frontiers ; and that the Rate or tax therefor be duly laid on all persons and estates, equally divided for each town, by the first day of March next, and order for the payment thereof, by the last of May then next following, to the Treasurer, for the time being. "Wee also are sensible that a great deal of injustice hath been done to the poor inhabitants of this Goverment, which we think hath much been an hinderance and haul back to the noble expedi- tion against Canada, and also to our Trade in this Government, which is so well seated for Trade and the fishery, by which reason many well minded go from us : "We therefore intend al our next session to inquire into, and amend all just grievances that lie before us, and for the future — 396 PROVINCE OF NEW-HAMPSHIRE. [1709. Resolve : — That all persons employed for necessary sendee in the Queen's employ, shall bring- in their acc*« thereof every year, or every half year, nnto a comittee therefor appointed; and care shall be taken for the payment of such debts as shall be allowed and found honest. July 1st. 1709. Past by the House, Sam' Keais, Clerk. His Honour the Lieut Governour ordered Mr. Secretary Story as a message to call the House of Representatives to this Board, to hold a conference, who accordingly came and brought up with them the following vote : [p. 289.] Wee having considered the great necessity of carrying on the expedition against Canada, do vote : — That one hundred and fifty pounds be raised on all per- sons and estates by an equal proportion for each town, for the fitting out and equipping the said Transports; and that the tax therefore be committed to the Constable hy the first of March next, and order for the payments by the first day of May then next following, to the Treasurer, for the time being. Past Ijy the order of the House of Representatives. 1st July, 1709. Sam> Keais, Clerk. His Honour the L* Gov^ was .pleased to acquaint them, that in their vote they had only raised money for equipping Transports, and had omitted taking care for provisions for her majesty's fort W" and Mary, and the Troop now out a scouting after the enemy, and other foot scouts constantly sent out. The Bill following having been three several times read, and past both Houses to be enacted, was consented to by the Hon'^^'^ the L* Governour, and by him signed accordingly ; viz : — An Aot for equipping her Majesty's two transport vessels, belonging to this Province, now bound nponan expedition for her Majesty's especial service to Canada ; for provisions 1709.] JOURNAL OF COU^•CIL AND ASSEMBLY. 897 for the soldjcrs at her Majesty's fort W™ and Mary ; and for the scouts at the frontiers. Ordered, that the said 150"'^ be disposed of as folh, viz: 100"'^ for the Transports, 30"'« for provisions at the fort W" and Mary, and 20"^* for the frontiers. Prorogued till Monday come 14 days, being the 18th instant. Pursuant to his Excellency's commands the Assembly was prorogued till Wednesday, the 17th August, 1709. Met, and prorogued till Friday, the 19th Aug., curr*. [p. 290.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on Friday, the 19th of August, Anno Domini 1709. Present, Peter Coffin, J Wm. Vaughan, ) Robert Elliott, > Esqrs. Sam^ Penhallow, [ Esqrs. Nath' Weare, ), John Plaisted, ) Mr. Secretary Story was sent as a message to the House of Representatives to call them up to this Board, who ac- cordingly came, and his Excellency the Governour's letter of the 16th curr* was comunicated to the General Assembly, in h£ec verba sequen : Boston, August IG, 1709. Gentlemen: — The delay of the fleet for the expedition has eaten one month of your provisions for your sokljei-s, and the return in the winter demands two months more, for fear of being blown off and starved, which the other goverments, at my desire, have supplied. I desire you will give your vote accordingly, and direct the Treasurer to take care therein, as well as for a supply of more clothing: and that you will enable him to do it. 1 hope I may see you in October, and set \ our affairs in the best order you and I can. 398 PROVINCE OF NEW-HAMPSHIRE. [1709. The Massachusetts have given each soldjer a warm coat, of twenty shillings price. You will Honour your selves to doe the same ; you will please to consider this and rise in two days. And I do hereby prorogue the Assembly to Wednesday, the 19th of October next. J. Dudley. To the General Assembly of the Province of New Hampshire. To Mr. Secretary Story, to be communicated to the General As- sembly of her Majesty's Province of New Hampshire. [p. 291.] The following vote was sent up from the House of Representatives to this Board : Voted, That the Treasurer be desired to continue the subsistance of the soldjers bound against Canada ; and in case they proceed this winter, to advance two months provisions more than already raised, for which we promise care shall be taken for payment of in as soon' convenient time as may be after the collection of what is already granted. Aug* 19th, 1709. Past by the House. Sam' Keais, Clerk. Aug. 19th, 1709. Read in Council, allowed and ap- proved of, nemine contradicente. The General Assembly, pursuant to his Excellency's letter before mentioned, is prorogued till Wednesday the 19th of October next. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 899 [p. 292.] Province of New Hampshire. At a Council and General Assembly, held' at Portsmouth, the 2G"' of Sep- tember, 1709. Present, Major W« Vaughan, ) ^ John Gerrish, ( ^ Robert Elliot, j ^^^'^- Sam> Penhallow, \ ^'^'^• John Plaisted, Esq. His Excellency's Letter of the 21^' current, in hsec verba sequen., was read at this Board : Boston, 21^' Sept., 1709. Gentlemen, — Colonel Vetcli, her Majesty's agent for the Expe- dition to Canada, has desired a meeting of the several Gover- ments to consult and advise what is to be done in case her Majes- ty's comands should not arrive ; to sit at Ehode Island, or some middle place. I direct that you agree among yourselves of one gentleman of the Council and two other of the Eepresentatives, such as the Speaker and soe many of the gentlemen of that House as can meet shall choose, to attend me to that Congress ; it is probable I shall proceed about this day fortnight. If the gentlemen be ap- pointed and ready, they shall have another letter from me what day to come away. There must be no doubt made of obedience to this order, as we tender our obedience to her Majesty, and our hopes other further favor ; the benefit will be a joint representation to her Majesty to bear a part of the past charge, and to put forward the expedition next year, and to represent that your quota is too high, consider- ing you are a frontier. The Treasurer must assist those three gentlemen with subsist- ance, and I shall dispatch them home as soon as I can. [p. 293.] I forget the prorogation, the time of it; but you are hereby allowed to call together the Eepresentatives for this er- rand and business ; Mr. Penhallow or Mr. Waldron must stand for the Councillor. And if the commons please they may send Capt. Vaughan for one of the commons, who perhaps may repre- sent the matter in England ; for that I am of opinion that Con- 400 PROVINCE OF NtW -HAMPSHIRE. [1709. gi'ess "will send some g-eiitleman home to cany their papers. Let me hear from you by exi)i'ess forthwith. Your humble servant, J. Dudley. On her Majesty's service. To Mr. Secretary Story, to be communicated to the Council. New Hampshire. Voted, that Samuel Penliallow, Esq., goe as one of the Council to his Excellency, to meet the several Goveriiours at Rhode Island, or where they are appointed to meet, to advise what is to he done relating to the expedition to Can- ada, in case her Majesty's commands should not arrive. Past by the Council, nemine contradicente. Cha : Story, Secretary. The above vote was ordered to be sent down to the House of Representatives by j\[r. Secretary Story, whicli was sent back to this Board from the said House, with the following addition : Voted, that Mr. Speaker and Major Joseph Smith goe from the House of Representatives. Past by the House. Samuel Keais, Clerk. Upon reading the above vote from the House of Repre- sentatives, it was ordered at this Board, that Samuel Pen- hallow, Esq., and Mr. Secretary Story, go as a Message to the House of Representatives, to acquaint tlicm with the purport [p. 294.] of his Excellency's letter relating to Capt. Vaughan, and our quota of men, &c. The representatives were pleased to answer, they had well considered his Excellency's letter in every particular, before they made their vote. 1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 401 [p. 295.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on Monday, the twenty-eighth day of November, 1709. Present, Peter Coffin, ) Robert Elliot, ) W'" Yaughan, > Esqrs. Sam' Penhallow, [ Esqrs. Nath' Weare, ) John Plaisted, ) His Excellency's letter of the 21'' curr' was read at this Board, in Iubc verba sequen : Sir: — Notwithstanding' my last ordering a prorogation, I now dii-ect that the Assembly sit on Friday, to go tlirougli the article of the agency agreeable to what I have written to the Speaker, and when that is done, then pi'orogue for a week, as I directed. I desire the gentlemen of the Council to put that matter in a true light, that the agency is very important, and will be very short, and must not be very changablc, and if the Comons come into the vote for an Agent, the person, instructions and charge shall be after adju.sted. Let the Comons be disposed to raise the mony for the payment of their debts ; and that they may know them, let Mr. Treasurer give them a state of their debts, and direct Colonel "\Yalton, in my name, to see the muster rolls of both companies made up fair, and Mr. Treasurer for Transports, &c. The whole charge Avill be paid here in twenty days, and your Goverment cannot be supported but by justice. If the sum be now granted, it will be May before it be gath- ered. Let the geutlemen of the Council take care for the Honour of the Government in this matter. I am j^our servant, J. Dudley. To Mr. Secretary Story, to be communicated to the gentlemen of her Majesty's Council, Portsmouth. J. Dudley. [p. 296.] Nathaniel Weare and Samuel Penhallow, Esqrs., were sent to the House of Representatives with Mr. Secretary Story, to qualify Mr. James Rendall to sit as a member of that House, who accordingly took the oaths appointed by Law. Adj'' till to-morrow morning, ten of the clock. 26 . 402 PROVINCE OF NEW-HAMPSHIRE. [1709. Province of Xew Hampshire. At a Council and General Assembly, held at Portsmouth, on Tuesday, the 29^1^ day of November, 1709. Present, Peter Coffin, \ Robert Elliot, J W'" Vaug-han, > Esqrs. Sam^ Penhallow, > Esqrs. Nath. Weare, ) John Plaisted, ) The Plouse of Representatives was called up to this Board, who accordingly came, and the Gentlemen of the Council was pleased to acquaint them that, — Pursuant to the Gove""® letter of the 21" curr\ respecting the agency and supporting of this her Majesty's Goverment, by defraying the charge thereof, we think meet to inform you the absolute necessity of one and the other : as to the former, that it would be of great advantage to lay before her Majesty the bleeding state of this Province, by reason of a long war, that our quota of men may be regulated, and the late charge considered ; and whereas the neighbor- ing Goverment have had their rites and priviledges con- firmed by a due application unto her Majesty, that the like application be done respecting this [p. 297.] Province ; which wee conceive cannot be so well done without im- proving or sending one from hence. Colonel Walton will wait on you to-morrow morning with the muster rolls, and Mr. Treasurer will lay before you the present state of the Province, which wee hope you will con- sider, and take due care for a speedy payment of the debts, for that the Honour of the Goverment cannot otherwise be supported. The following vote was sent up to this Board by the House of. Representatives : May it please your Honors, — We have perused and considered the proposals given us. We think it necessary that our circumstances be humbly laid before her Majesty in order for our grievances to be redressed and our properties confirmed. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 403 Wee having considcrecl the former, do think if any ex- pedition intended against Canada next spring, our improve- ment in sending by letter, or a person on purpose, will be too late to relieve any grievance therein. Wee have considered the necessity of having our rites and properties confirmed by her gratious Majesty ; Also the charge of sending an Agent ; Tliink as your Honours first propose — improving a person there may be as advantageous and less charge much than sending ; which person or per- sons so to be improved, we pray to be advised of, by those Gentlemen that hath been improved in the Agency for this Province. Wee have considered and resolved when we know the debts of the Province, to pay them as soon as possible wee are capable. Voted, at the House of Representatives, the 29*"^ Novem- ber, 1709. Sam' Keais, Clerk. Adj*^ till to-morrow morning, 10 of the clock. [p. 298.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Wednesday, the 30'^ of November, 1709. Present, Peter Coffin, J Robert Elliot, ) W"^ Vaughan, \ Esqrs. Sam' Penhallow, S Esqrs. Nath. Wear, ) John Plaisted, ) The two following votes were sent upp to this Board by the House of Representatives, viz : May it please your Honours, — By the account and Muster Rolls laid before us by the Comissary General, wee find the ijrovince in debt ; and in order for a right knowledge of the sum, wee pray that a public notification may be given for each person in the 404 PROVINCE OF NEW-HAMPSHIRE. [1709. province to bring in tlicir claims to some or one member of this House, so that there may be care taken for the payment thereof. Nov. 30"S 1709. Past by the House. Sam^ Keais, Clerk. It is desired by this House, that the Honourable Council of this Province, in his Excellency's the Governour's ab- sence, take into their consideration to dismiss the several soldjers belonging to the several Towns of this Province now at the fort W"' and Mary, only the four standing sold- jers there belonging, which has been practicable to be re- leased before this time of the year. Nov. 30% 1709. Past by the House. Sam^ Keais, Clerk. Prorogued. [p. 299.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Friday the second day of December, 1709. Present, His Excellency Joseph Dudley, Esq., Govern'', &c., Peter Coffin, )^ Robert Elliott, l^ W^ Vaughan, j ^^^^^- Sahi^ Penhallow, \ ^''^^^• John Plaisted, Esq. Voted, that John Campbell, Post Master General, be paid out of the Treasury in course eighteen pounds, for his service in taking care of all Expresses, and his Excellency's Let- ters to and from this Goverment. Adj*^ till to-morrow morning, 10 of the clock ante me- rediem. 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 405 Province of New Hampshire. At a Council and General Assembly held at Portsmoutli by adj', on Satur- day, the third day of December, 1709. Present, His Excellency Joseph Dudley, Esq., Governour, &g., Peter Coffin, ^ W™ Vaughan, i Esqrs. Samuel Penhallow, ) -^ Robert Elliott, ) John Plaisted, \ ^^^^'^* The following vote was sent upp to this Board, from the House of Representatives : May it please your Excellency, we are sensible that it is our duty and will [p. 300.] be our interest to represent the poor distressed condition of this Province to her Majesty, in order to have our grievances redressed, and thereby our frontiers defended and preserved against our enemies, which we may fear will visit us ; and are considering thereof. Also the acc"^ of our Debts and taking all possible care for the payment thereof, that soe we may, as our intention is, do justice in all things. S" Dec, 1709. Past by the House. Sam^ Keais, Clerk. The petition of several of the inhabitants of Quamscott was read at this Board, in haec verba sequen : To his Excellency Joseph Dudley, Esq., Gov"" aud Comander in chiofe of her Majesty's Province of Kew Hampshire, in New England, and to the Honorable the members of her Maj"'™ Council in the said Province : The humble petition of the inhabitants whose names are here- unto subscribed, living within the Bounds of Quamscott patent in New Hampshire, Humbly Sheweth, — That your petitioners are in number upwards of sixty families, and live very I'emote from any x)ublick Meeting House for the worshipp of God, and meet with great dilHculties to get to the nearest meeting house in the T\dnter time, (wliich is Exeter) sonjo 406 PBOVINCE OF NEW-HAMPSHIRE. [1709. living- six, some five, and some four miles distant; Therefore are desirous to be a townshipp of themselves, they having never yet been joined to any Town, only having paid taxes sometime to Hampton, sometimes to Exeter; and your petitioners being in a capacity and willing and ready to maintain a minister and school master, within such limited time as your Excellency and Honor shall appoint, they having never had any benefit of a school for the education of their children, by reason of their living a great dis- tance from any school : May it therefore please your Excellency and Honours to grant unto [r. 301.] your ijetitioners a Charter for a town to be settled upon Quamscott patent, with such Grants, covenants and clauses as your Excellencyand Honours shall see meet; and with the fol- lowing bounds, or what other bounds may be thought proper, (to wit) beginning at a rock called Brandy Rock, near Sandy Point, And to run uj) to the River by the mouth of a creek called Wheel- wright's Creek, And to run at each end into the woods, upon a south east line, three miles. And your petitioners, as in duty bound, shall pray, &c. James Runlett, Tho. Reed, Tho. Bryer, Jn° Hanniford, Jonathan Norris, Nath^ Foulsham, kSam' Levitt, Richard Calley, Thorn. Vesey, Ephraim Levitt, Edwai'd Masarvy, Syman Wiggin, Andrew Wiggin, Jonathan Wiggin, W™ French, John Pett, W"' Moor, Dan' Levitt, Henry Lampire, [?] John Mason, Samuel Piper, Richard Crockett, Samuel Skillen, John Jones, Phillip Duly, Ithiel Smith, Richard Morgan, James Caneston, Samuel Green, Tho. Speed, James Godfrey, Ann Wiggin, Widd°, Abraham ISIoi'gen, Ezekiel Ladd, Owen Runlett, George Vesey, Jonathan Clark, Stephen England, Benj. Hodge, Josiah Clark, Benj. Levitt, Satchell Runlett, Benj. Jones, Thomas Policy, Phillip Spenlow, John Snickler, 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 407 Nathi Watson, Tho. "Wiggiii, Benj. Rawlins, Tho. Wright. Benj. Pahiier, [p. 302.] The following desire in Obstruction to the said petition was put in at this Board, in ha3C verba sequen : May it jjlease your Excellency, — Wee, wliose names are under written, living within the peti- tioned Bounds of Quamscott, doth earnestly desire that your Ex- cellency and Honours would be pleased to deny the request of those petitioners for a township in Quamscott; as for the g-ener- ality of the said petitioners are poor people, and several of them according- to the best of bur knowledge, instead of defraying- any town charge, are rather likely to be a town charge themselves — yo' earnest desirers : John Clark, David Robison, Moses LcAitt, Jr., Jonathan Robison, W" Chiles, Benj. Brown, John Mead, Nath' Stevens, Charles Runlett, Joseph Rolins, Nath' Ladd, John Roberts, Kath' Right, Moses Rolins, Joseph Lorrence, Tho. Rolins, Benj. Tailor, Israel Smith. Edward Fiflcld, In answer to the afore petition of the inhaljitants of Quamscott : The Council do very well commend the good and relig- ious inclination of the subscribers to establish the worship of God amongst them ; and direct them to proceed to make a subscription of what sum each man is capable to pay towards the support of a minister annually, and bring the same to the next meeting of the Governour and Council within six months next coming ; when they shall be further considered and directed to proceed in their good intentions. Per Order. Cha. Story, Secretary. 6"' December, 1709. Ordered, that Rol^ert Elliott and "William Vanghan, Esqrs., be a Committee of this Board to join with two of 408 PROVINCE OF NEW-HAMPSHIRE. [1709. the Representatives to examine and audit the Treasurer's acc'^ [p. 303.] Province of New Hampshire. The following of the inhabitants of the South part of Hampton was read at this Board, viz : To liis Excellency Joseph Dudley, Esq., Governour andComander in Cliiefe in and over her Majesty's Province of the Massachu- setts Bay and New Hampshire, and the Ho noxirable the members of the Council and Representatives, convened together in Gen- eral Assembly, now sitting: The humble address and petition of her Majesty's Loyal and du- tiful subjects belonging to the South part of Hampton, in said Province of New Hampshire, commonly called^Hampton falls, Most humbly sheweth, — That your petitioners being at that distance from the publick place of the worship of God at the Town, and soe many difficul- ties in going, and many times no passing over the Causeway by any means, that it hath caused your i^etitioners to be at the charge of building a Meeting House upon our side of the Town, and have had a minister for some time, and doing all by free contributions our selves; and the" other part of the Town being the Major j^art of the Town, Rates us in the full proportion according to our es- tates, to the repairing the Meeting House and parsonage, and to the minister there, which is burdensome to us, and we are not able to settle a minister with us for want of some better settlement in the matter. Wee therefore pray that in your wisdom you will grant us some relief in this matter, either that the Town and we on our side may maintain two by raising our Rates in general together, or that we may be freed from the paying to the Town, and have i)Ower given us to make a Rate or tax for the subsistance of one with us. John Gove, James Prescott, Xatli' Batchelder, Timothy Blake, Sen,, Tho. Cram, Jacob Green, Joseph Sanbuim, Isaac Green, Sam^ Healey, Dan' Tilton, Nath' AVear, Joseph Swett, Nath^ AVear, Jr., Joseph Case, Timothy Ilillyard, Jonathan Mason, Moses Blake, [p. 304.] Benj. Filield, 170a.] JOURNAL OF COUNCIL AND ASSEMBLY. 409 Jethro Tilton, Benj. Batchelor, Bonus jS'orton, Jonathan Batchelor, Joseph Emous, [?] Israel Clifibrd, Ebenez' Gove, Benjamin Hillyard, Jonath" Philbrook, Natli^ Sanburn, Joseph Cram, James Prescott, Epliraim Hoyt, Bcnj^ Sanborn, John French, Sam^ Tilton, Peter Wear, Philemon Blake, Cha. Pottle, Benj. Cram, Sam} Shaw, Joseph Tilton, "W" Sanburn, David Tilton, Jn° Brown, Jonathan Filield, Holdridge Cellej', Enoch Sanburn, John Eaton, Jacob Cliltbrd, NatW Prescott, Zacharias Clifford, Jacob Basford, Caleb Shaw, Israel Blake, W™ Brown, Israel Clifford, Sen"", Benjamin Perkins. Upon a full hearing of both parties in Council upon this petition, the 3'^ December, 1709, voted that the contract and agreement of the Town of Hampton for the maintenance of Mr. John Cotton, their present minister, be and is hereby ratified and confirmed ; And the town directed to proceed for the raising and payment of the same as in all time here- tofore ; That the petitioners and such others as are joined with them on the westward of Tailor's River,* have power at a meeting once a year for that end, to choose among themselves three persons to be Assessors for raising the sum of for the maintenance of such learned and or- thodox minister to officiate in the New Church at Hampton, as they shall agree to call to the service there, with the ad- vice of Mr. Cotton, their present minister ; that the affairs may proceed with such peace and frien dship as becomes re- ligion and good order ; And that the Assessment upon the *[In 1C85, " ITtli of 11," Henry Dow, Town clerk of Hampton, entered in his diary, as follows: "The number of souls this side of Taylor's river, 495; over Taylor's river 212." " This side " means the north side; "over" means the south side or Hampton Falls.— Ed.] 410 PROVINCE OF NEW-HAMPSHIRE. [1709. said petitioners and inhabitants on the said Western side of Tailor's River, being signed by the said Assessors, shall be Collected by the Constables at all times, and paid into the minister for his support, as in all other Towns and precincts in this Province. Past by the Council. Cha : Story, Secretary. [p. 305.] Province of New Hampshire. At a Council and General Assemi)ly held at Portsmouth, by adj', on Mon- day, the 5"' Xbr., 1709. Present, His Excellency Joseph Dudley, Esq., Govern'", etc., Peter Cofifin, ) Robert Elliot, > Esqrs. Sam^ Penhallow, ] y W^Vaughan, ) John Plaisted, j ^-V^' The foil, votes was sent upp from the House of Repre- sentatives, in haec verba sequen : Portsmouth, 5"' December, 1709. In the House of Representatives, voted unanimously, — That there be four thousand pounds. Bills of credit, raised and brought into the Treasury of this Province, and from thence issued for the payment of the debts of the Province, and that Major W'" Vaughan, Samuel Penhallow, Mark Hunkin, Speaker, Theodore Attkinson, Esq., and Mr. Secretary Story, may be a comittee forthwith to goe to Bos- ton to obtain leave of the Goverment there, to impress and perfect the said four thousand pounds in Bills, and to sign the same ; unless, which wee rather desire, they can obtain of the Goverment of the Massachusetts to lend us the said sum of four thousand pounds of their Bills, and take secu- rity upon our fund, and Act of the Assembly made by this present session for the raising of five thousand pounds in five years next coming, for the support and payment of the 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 411 said bills, and the said W" Vauglian, Samuel Penliallow, Mark Hunkin, Theodore Attkiiison, and Charles Story, Esqrs., are hereby Impowered as a comittee of the General Assembly of this Province, to doe and perform what is necessary for the finishing this affair, and procuring the Bills aforesaid as soon as is possible, that the debts of the Province may be discharged. Sam' Keais, Clerk. Pursuant to the aforesaid vote, a bill was drawn upp and sent down to the House of Representatives, & annexed to the said vote, wdio Imediately sent the said vote back with the following words thereto annexed : — Whereas the bill mentions the annual time of payment to be in October, we pray it may be in Xber, that being the most suitable time for the farmers to make mony of what they raise ; and further we pray, if it may be, that a longer time may be given for payment of said bills ; and whereas the bill mentions four thousand pounds, we pray the sum may be but three thousand pounds, which we hope, by what is mentioned in the memorial lying before us, may be sufficient to pay all our Debts ; and the bill for raising five thousand pounds be as mentioned in the said bill, if there be occasion for soe great a sum. Past by the House. Sam' Keais, Clerk. [Petition of John Cross.] May it please your Excellency. [p. 306.] My poverty and distres causeth my Importuuity so long and often to your Excellency for Justice. It is some years since your Excellency in Council ordered, that I should have liberty of sue - ing John Hiukes, Esq., for twenty-nine pounds, due for service as a soldjer at her Majesty's fort at Newcastle ; which sum your Ex- cellency was satislied he had of mine in his hands, and I was to have an attorney, other fees, &c., free; but your Excellency not directing any ]particular attorney, none would do it. I humbly pray your Excellency would consider and relieve m 412 PROVINCE OF NEW-HAMPSHIRE. [1709. herein, as your Excellency slaall think most fit; cither by ordering- my due from the Treasury or otherwise, and your Excellency's humbly obedient though distressed servant, as* in duty bound, shall ever pray for your Excellency's prosperity. Portsmouth, 5"^ Xbr, 1709. John X Cross. In Council. In answer to the above petition of John Cross, an old servant at her Majesty's fort, the articles whereof appear to be true at this Board, bj the minutes of Council referring thereto, — Ordered, that Mr. Secretary Story assist the said Cross, siib forma pauperis, to drawing the writs and giving copy of the papers and minutes of Council, and managing the case ; and that Mr. Sheriff Phipps doe serve the writs and doe the duty of his office for said Cross (so far as concerns the said Cross to pay) without fees, and that the judges re- ceive the said Cross's action without fees for themselves or officers. Past by the Council, nemine contradicente. Cha : Story, Secretary. [p. 307.] The following votes were sent up from the House of Representatives, — viz.: Voted, that his Excellency be directed to cover the ad- dress of the General Assembly now past to Mr. Henry Newman, at Whitehall, praying him immediately to attend Colonel Nicholson with it, and to keep Colonel Nicholson company at the representation of it to her Majesty ; and that they pray my Lord Sunderland to introduce them. Past by the House. Sam' Keais, Clerk. Consented to by the Council, nemine contradicente. Cha : Story, Secretary. Portsmouth, 5"^ Dec, 1700. Hon''^'' Sir, — We are encouraged by his Excellency our 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 413 Governor, that you will favor the Assembly of this Prov- ince soe far as to present our Address to her Majesty and represent our poverty and distress ; and yet an earnest de- sire that the expedition against Canada may be revived in the Spring, Agreeable to our address, which Mr. Newman waits on you with, whom we have desired to attend you on our behalf. And we humbly pray you to represent his Ex- cellency our Governor well in all the offices at Whitehall, which is the agreeing sense of us. We are your most obliged humble servants, The Council and Assembly of the Province of New Hampshire. Mark Hunkin, Speaker. To Colonel Nicholson, Esq. By order of the Council. Cha : Story, Secretary. b'"" X"S1709. Past by the House. Sam^ Keais, Clerk. Consented to hj the Council. Cha : Story, Secretary. Portsmouth, 5"^ X''-", 1709. Sir, — I am commanded by the Govern'' to Cover this vote to you, and pray you to persue the intent of it. If Colonel Nicholson should not be arrived, you will please to open the letter directed to him also. I am sensible of the trouble you will have in this matter, but if you please to Honour this Province, I hope the As- sembly will acknowledge it sometime. I am your humble servant, C. S., Secretary. To Mr. Henry Newman, Whitehall. 414 PROVINCE OF NEW-HAMPSHIRE. [1709. [p. 308.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adjournment, on Monday, the 6th Dec., 1709. Peter Coffin, ) Robert Elliot, > Esqrs. Samuel Pcnhallow, ) j^g^.^.^ Wm. Yaughan, ) John Plaisted, ] ^^ Mr. Treasurer Penhallow did this day appear in Council and made oath to the truth of his general account for the year 1708 and 1709, both of debt and credit, the whole am° 1351 : 13 : 5, which ace" was also examined & approved of by a comittee of both Houses, and allowed in Council, and the balance due to the Treasurer, being 162:15:1, ordered to l)e paid out of the Treasury. Ordered, that Mr. Treasurer Penhallow be paid out of the Treasury, the sum of 29"'* : 11^ : 5'', for his trouble in receiving 1188"'* : 18* : 4'\ and the sum of thirty-two pounds, five shillings, for his trouble in paying 1289"'* : 14* : 0'^. Ordered, that Mark Ayres be paid out of the Treasury, in course, two pounds two shillings, for his labour and Leather in making of snow shoes. Mr. Treasurer Penhallow, his debenter, amounting to 140 : 19* : 10'\ for victualling soldjers and disbursements m entertaining the Gov'', L' Gov"", &c., at several times, having been audited by a committee and by them approved of, was allowed in Council. Colonel Walton's Muster Roll, relating to the expedition ag^ Canada, Am" to 674"'* : 14* : S'-\ was allowed in Council and ordered to be paid out of the Treasury. Capt. Austin's muster roll, relating to the expedition ag*' Canada, Am" to 448'*'* : 5" : 8*^, was allowed in Council and ordered to be paid out of the Treasury. [p. 309.] Whereas Ephraim Eaton and Joseph Dow were brought to her Majesty's goal in Portsmouth, for re- fusing to pay their rates to the town of Hampton, and it appearing to the Govern' and Council that they had paid 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 415 their rates this year to the town of Salisbury, in the Massa- chusetts government, there being a difference about the Bound Line betwixt the two Provinces, and is not yet known in which government the said Eaton and Dow live : Ordered, that they be released from their imprisonment relating to the said Rate, and free from all charge. Mr. Treasurer delivered in an account of the impost and excise, amounting to 33'"': 0'': 0'', which being audited by the committee, and approved of, was allowed in Council. To the Queen'' s most Excellent 3fajesty. The address of your Majesty's most dutiful and Loyal subjects, the Goveniour, Council and Representatives of your Majesty'^ Province of New Ilamx^shire, in New England, convened in General Assembly, Most humbly Sheweth : — That in the midst of the great distresses that your Majesty's most dutiful loyal subjects of this your Majesty's Province were involved in, by the frequent incursions of our ill neighbours, the French of Canada, and their dependent Indians, to the great hurt of our j)lantations and settlements, your sacred Majesty has been pleased of your Royal Bounty and compassfou to supply us with a num- ber of cannon and stores for our defense ; The receipt whereof has invigorated and encouraged us in the defense of our frontiers, and our marches against the Indians [p. 310.] in their secret re- cesses in the woods, which are always and still successfully put forward by your Majesty's Goveruour for our security, to our perfect satisfaction : That while we were thus defending ourselves and families against the common enemy of the repose of all your Majesty's Brittish subjects in the plantations abroad, as well as in Europe, we were pursued by the challenge of Mr. Allen, for the Lauds and soil under our feet, which we have this sixty years defended witli our lives and estates, as well as the assistance of our good neighbours of your Majesty's colony of the Massachusetts: — your Majesty of your Royal and princely regard to us has dismissed that challenge, which will forever encourage us to. our utmost j)Ower to defend this your Majesty's Province ; since we may uow hope to leave our children in the possession of the country, with 416 PROA'INCE OF NEW-HAMPSHIRE. [1709. an entire dependence upon your Majesty and your royal success- ors, without the danger of any further unjust challenge from those persons that have so long disturbed us with their claims : — And whereas your Majesty, out of a gratious regard to this and other your Provinces in these parts of America, was pleased to form a design against the French settlements at Canada and Nova Scotia the last summer, but a more important service in Europe, requiring your Majesty's forces which were intended hither, whereby that design is laid aside for the present: Wee most humbly pray your Majesty that it may consist with your royal pleasure to revive the said design, and that the expedition lately intended may be prosecuted seasonably the next spring, and that [p. 311.] your Majesty's Arms in America may have a glorious success as in Europe, to the utter confusion of your enemies, and lasting repose of all your Majesty's good subjects inhabiting this continent. We most humbly tender our everlasting praises to Almighty God for your Majesty's most glorious successes against the tyranny and usurpation of the French king, and heartily pray for your Majesty's long life and happy reign, and the continuance of the protestant succession, for the benefit of your Majesty's subjects of Great Britain, and all your Majesty's Dominions and planta- tions, and of all Europe who have had the unspeakable benefit of your Majesty's uuparaleled Eeigne. We are your Majesty's most Loyal and obedient subjects. Cha. Story, Secretary. Signed in presence and by order of the Council. Portsmouth, in Xew Hampshire in Xew England, 6th Decem- ber, 1709. Mark Ilunkin, Speaker. Signed, in presence and by order of the house of Eepresen- tatives. [p. 312.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by prorogation, on Wed- nesday, the 8'*^ of February, 1709. Present, Peter Coffin, ) John Gerrish, J Robert Elliott, [ Esqs. Sam' Penhallow, > Esqs. W"" Vaughan, ) John Plaisted, ) Adj'i till to-morrow, two of the clock, post merediem. 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 417 Province of New Hampshire. At a Council and General Assem- bly held at Portsmouth by Adj^ on Thursday, the 9"^ of February, 1709. Present, Peter Coffin, ^ John Gerrisli, ^ Robert Elliot, > Esqs. Sam' Penhallow, [ Esqs. W" Vaughan, ) John Plaisted, ) Adj'' till to-morrow, ten of the clock, ante merediem. [p. 313.] Province of New Hampshire. At a Council and General Asseinbly held at Portsmouth by adj*, on Friday, the 10"' of February, 1709. Present, Peter Coffin, "j John Gerrish, J Robert Elliot, > Esqs. Sam' Penhallow, \ Esqs. W"^ Vaughan, ) John Plaisted, ) His Excellency's Letter of the 6'" current, in ha3C verba sequen., was communicated at this Board and sent to the House of Representatives : Boston, 6"^ Feb'ry, 1709-10. Gentlemen: — I have the visitt of your Treasurer, Speaker, Secretary and Capt. Attkiusoii, referring- to your Bills of credit, and that matter is proceeding to y"" satisfaction. They have further considered and advised with nie, referring to an address which they will show and lay before the Assembly, with Instructions for the agent's proceeding. Whether you will send an Agent from hence or employ one there is the next question, and because I cannot be present to as- sist in the consideration you must allow me to write. I believe an Agent from hence best, and I think the gentleman you employed last year very fit for your service ; and if you think the expense too great at present and that it may be lu-onght for- ward by a person there, and perhaps a person from Home next year may be present at the perfecting of your afiairs, I then think it best you employ Mr. Henry Newman, a very good gen- 418 PROVINCE OP NEW-HAMPSHIRE. [1710. tleman and very acceptable with those upon whom he depends ; to whom you must then supply thirty or forty guineas, and you may by him get the matter so brought forward as to be finished another year. If you take either of those ways and the Address and Instruc- tions [are] agreeable to your own thoughts, I hope [p. 314.] my absence will be no hurt or injuiy to your affairs ; if any new question occur you may express it out and have in 24 hours, and you shall not stay for my opinion. I heartily wish you good agreement and successful proceedmgs, and am Your very humble servant, J. Dudley. For her Majesty's Service. To the Gentlemen of her Majesty's Council, to be communicated in Gen- eral Assembly. The following vote was sent upp from the House of Rep- resentatives to this Board, viz : Crentlemen : — We have perused and considered the Governor's letter relating to an address to the Queen's most Excellent Maj- esty by an Agent from hence or employing one there in London ; we think it necessary that one or the other way it should be done, but have thought and enquired how mony should be obtained, find noe way to raise it for the present. Wee pray your Honours' advice in this matter, and in any thing that may be for the benefit for the Govermcnt wee shall always do our duty. Past by the House. Sam^ Keais, clerk. Voted, 10'^^ February, 1709-10. Mai/ it please your Honours : — At the last sitting of this House we choosed three of y*^ House to be a committee to examine the Province debts ; wee pray that wee may join some of the members of her Majesty's Council therein, and that a time may be ap- 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 419 pointed for their meeting, after due notice given, to the in- habitants to bring in their claims. Past by the House of Representatives. Voted 10^^ February, 1709. Sam' Keais, clerk. From the Commons. Mr. Speaker, Mr. Elliott, Major Smith, Mr. Plaisted, Theod. Attkinson. Mr. Penhallow, Appointed as a Comittee of the Council to join with the Committee of the House of Representatives. Past by the Council. Cha. Story, Secretary. Adj<^ till to-morrow, ten of the clock, ante merediem. [p. 815.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj*, on Saturday, the 11*'^ February, 1709. Present, W"* Vaughan, ) j.^^^ John Gerrish, ) ^ Robert Elliot, j ^^^l^' Sam' Penhallow, j ^^^^• John Plaisted, Esq. The following vote was sent upp from the House of Rep- resentatives, viz. : — To the House of Representatives sitting — Voted, That whereas his Excellency the Govern'' has been pleased to recommend to this Assembly the consideration of sending an Agent for England, or employing one there, to address her most excellent Majesty on several articles which has been laid before you ; and whereas your house has been pleased to signify that you think it necessary to send an agent or employ one there, but having thought and enquired how mony should be obtained, find noe way to raise it for the present, and have desired our advice therein : 420 PROVINCE OP NEW-HAMPSHIRE. [1710. In answer thereto we say we arc unanimously of opinion that an Agent be sent hence, and that you pass an Act for raising 500"'* to be paid, or a vote of your House to im- prove so many of the Province bills when perfected, to sup- port that charge ; and that ho embark upon the first vessel bound to Portugal, or any part of Europe adjacent to Eng land. 11"> February, 1700. Past by the Council. Cha : Story, Secretary. Prorogued till Monday, the 13*" of March, 1709. Met, and prorogued till Wednesday, the 12"^ April, 1710. [p. 316.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by prorogation, on Friday, the 12"^ of May, 1710. Present, His Excellency Joseph Dudley, Esq., Govern'', &c., Major W™ Vaughan, ) y John Gerrish, ) ^ Kobert Elliot, i ^^^^- Sam> Penhallow, i ^^^^^• John Plaisted, Esq. A message was sent from this Board to call the House of Eepresentatives upp, who accordingly came, and his Excel- lency made the following speech, viz. : Gentlemen: — You have past the winter since I saw you vrithout any inconvenience from the enemy, and we are yet in expectation of her Majesty's commands, which I am sure will be cheerfully obeyed in this and the other Province. I shall be glad in the present session to agree to any thing for the benefit of the Province, which you have to offer. I suppose your comittees have adjusted yo'" Debts ; that by the help of your Bills of credit the government may stand fair with all her Majesty's good subjects, and the soldjers may be encour- aged in the defense of the f*rovince, to which there shall be Bothing wanting on my part, while I have the honour to com- mand, and may have the benefit of your advice for her Majesty's service. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 421 The petition of Nicholas Davison was read at this Board (relating to his being wonnded in the service), recommen- ded to the House of Representatives. The Committee for auditing the publick accounts of this Province brought in their report, and the same was read at this Board, in ha3C verba sequen., viz. : — • [p. 317.] At a Comittee appointed by the General Assembly of lier Majesty's Province of New Hampshire, to receive all claims of debts due from the said Province, and to adjust the same, doe make their report as followetli : — lbs. s. d. 1. L' Tippetts, as per his muster roll, allow"^ . . 6: 10: 2 2. Capt. Hill's debentcr about soldiers scouting, &c., not allowed. 3. Theodore Attkiuson, Esq., allowed for victual- ing-, 30: 0: 4. W™ Loud's [?] ace', not allowed. 5. George Walker, as per certificate, allowed, . 0: 4: 6. Nicholas Barcoe, as a soldjer at the fort, liis ace' not allowed. 7. Jeremiah Gilman's debenter referred, alio w*^ . 1:10: 8. "VV" Partridge's ace" referred, not allowed. 9. Tho : Webster's ace", allowed, .... 10. Thomas Pliipps, Esq., slicriff, allowed of his ace' 11. Splan Lovel, allow*^ for attending the Assembh', &c., 12. Benj. Le\itt, by order of Council, allowed, 13. Jn° Walker, his order, is referred, not allowed. 14. Samuel Penhallow, by several accounts, from (N" 1 to N« 7) amno, . . 442: 14: 2 allowed, out of which sum there is to be de- ducted 350 lbs., paid him out of the 1720 lbs. tax, — soe remains due, 92: 14: 2 15. Jonathan Sanborn, notliing allow*^. 16. Theodore Attkinson, about repairing the fort boat, allowed, 1:7:2 17. Jn" Abbett, for carrying French prisoners to Boston, allow'i, 1: 5: 18. Colonel Partridge, per order of Council, alio w'd 10: 0: 19. Obediah Morss and Sam^ Hart, for shoeing his Exc. horse, allow'd, 1: 14: 3: 11: 6: 0: 10: 0: 1: 10: 422 PROVINCE OP NEW-HAMPSHIRE. [1710. 11: 0: 3:16: 1 : 10 : 1: 5: 2: 0: 20. "Widow Jose, for her Inisbancl's seiTice in attend- ing the Council, &c., in liis life time, allowed, 5 : : 21. Byley Dudley and Liford's acc"% not allow'd. 23. Thomas Westbrook's acc"^ about timber for the fort, allow'd, 20: 0: 26. Eobert Elliot, Esq., for timber, &c., in Col. Eo- mer's acc"% allow'd, 13: 0: 27. To ditto Elliot, per order of council, for his shallop, 12: 0: 28. Peter CoflSn, Esq., for plank, &c., in Col. Eo- mer's acc«% 10 : : 29. Major Joseph Smith, for snow-shoes, &c., al- lowed, 30. To ditto Smith, for expresses, allow'd, 31. W"" Ayres, for several expresses, allow'd, . 32. Ephraim Marston, for service at the foi-t, allow'd 33. Capt. Hunldu, for his shallop, &c., in the ser- vice, allow'd, 34. [r. 318.] Mr. Eobert Coffin's account, about provisions, referr'd, not allow'd. 35. Colonel Hilton, for maintaining French j^rison- ers, allow'd, 36. Major Smith, as due to Capt. Dow, in his life time, on account of soldjers which fell short, unpaid of the muster roll, allow'd, . 37. Eichard Waldron, Esq., for liimself and others, as per ace", allow'd, . . • . . 38. L' Thing, for pasturing horses, nothing allowed. 39. Colonel Packer, about the squaw, allowed, 40. Messrs. Attkinson and Wybird, about the sloop Speedwell, in her Majesty's service, allow'd 41. Colonel Packer. 42. Capt. Pickerin's ace", about powder, not allow'd by reason in y^ Council book. 43. Jonathan Sanburn, for pasturing horses, not al- low'd. 44. Colonel Packer, for rent for his house, and med- icines for Benj'' Lampi*ee, a soldjer. 45. Eoger Swaine, for entertaining the said Lam- pree 46. Stephen England, for his attendance on the As- Bembly, allow'd, 2: 0: 2: 0: 6: 12: 8 25: 10: 70: 15: 4 9: 16: 8 1710.] JOURNAL OF COUNCIL 4-ND ASSEMBLY. 423 47. Robert Thompson, for killing an Indian, . 48. Colonel Hilton, as per muster roll. 49. Capt. Oilman, as per ditto, as per indorsement, 50. Tlieophilus Smith, as per ditto, allow'd, 51. Colonel Hilton, as per acco", allow'd, 53. Jolui Oilman, about scouting, not allow'd. 54. Richard Doloph's ace", not allow'd. 55. Edward Oilman's ace', not allow'd, 66. Thomas Wilson's ace", referred, not allow'd. 57. Oeorge Almory's Ace', not allow'd. 68. Thomas Pearce, allow'd for mogasheens, as per ace', 59. Obediah Morss, his Ace' not allow'd. 60. John Abbett, as per his ace', allow'd, . 61. Hugh Reed, as per ace", allow'd, 62. Moses Paul, his ace' not allow'd. 63. Thomas Pearce, about scouting, not allow'd. 64. Peter Foulsham, his ace' not allow'd. 65. Major Smith, allow'd for expresses, as per his account, 66. "VV'° Blackwell, for going express, allow'd, as per his ace", 68. [p. 319.] Joshua Liteman, his ace' not allowed. 69. Oeorge Chisley, his ace' paid. 70. Abraham Benuick's muster roll, referred, allow'd 71. Joshua "VVeaks, for expresses, as per his ace", al- low'd, 72. Joseph Bailey, for ferridge, as per ace', allow'd, 73. Jacob Clark, for his shallop in the service, as per ace', allow'd, 74. John Partridge, for ferridge, as per ace', allow'd, 75. Mark Ayers, as per ace' allow'd in Council, there- fore not proper here. 76. John Suell, as per his aec', allow'd, 77. To Capt. Hall, OUdden and Lee, for Timber, al- low'd, iDer ace", 78. Samuel Mauson, for his shallop in the service, al- low'd, 79. Elisha Bryer, his ace" will be put into Mr. Pen- hallow's account. 80. Robert Coffin, his ace' about provisions is in his muster roll. 5: 0: 11: 0: 64: 13: 6 8: 0: 5: 7: 3: 19: 6 0: 15: 2: 2: 6 0: 8: 7: 13: 8 0: 12: 0: 15: 10 1: 10: 0: 6: 2: 14: 4: 0: 0: 15: 424 PEOVINCE OF NEW-HAMPSHIRE. [1710. 81. Samuel Thompson, for riding express to' New- bury, allowed, 0:8:0 82. John Blv, for expresses, &:c., as per his ace*, al- lowed,' 1: 10: 83. Skipper Lunt, his ace', Mr. Penhallow will pay, it being" in his ace". 84. Alexander Miller, for Expresses, pasturing, &c., allowU 7: 0: 85. Capt. Langdou, allowed for rackets, &c., 2"' : 10% he bringing an ace" from whom the Eacketts were impressed, . . . . . • 2 : 10 : 86. Thomas Phipps, Esq., Sheritf, allow'd for ex- presses, &c., as per ace", 6: 0: 87. Col. Hilton, as per his ace' for service, &c., al- low'd, 84: 5: 3 88. Edward Kate, for expresses, as per ace', allow'd, 1 : 16 89. Capt. Gilman's muster roll, allow'd, . . . 15:11: 3 90. Capt. Ju° Gilman's muster roll in marching to Ainoskeag, . . . . . . . 35: 1: 8. 91. Widow Bickford's ace', about ferridge, allow'd, as per ace', . 1:5:0 92. Capt. Robert Coffin's muster roll, about Troopers, referred to the Assembly, not allowed. 93. Israel March's ace', about medicines, not allow'd. 94. Capt. Robert Coffin's muster roll, about Troopers, referred to the General Assembly, not allow'd. 95. Capt. John Gilman's muster roll, to Pigwackett, allow'd, 92: 7: 6 96. Capt. Cass, his muster roll to Pigwackett, allow'd, 71 : 13 : 3 97. Capt. James Davis, his muster roll, allow'd in Council, 5:3:0 98. Capt. James Davis, his list about scouting, refer- red to the Assembly, not allow'd. 99. L' Joseph Swett's Muster I'oll in marching to Saco, allow'd, 13: 9: 100. Capt. Geo. Yaughau's acc"% referred to the As- sembly. 102. AYaltcr Abbett, James Abbett andKath' Odiorne, as per ace', for their service, allow'd 18' each, 2 : 14 : 103. [r. 320.] Sam' Shackford, for impressing, &c., al- low'd by the llepresentatives, . . . . 2: 1: 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 425 104. Capt. Pliipps' ace', about snow shoes, allowxl to the sevei'al persons, 2' a pr. for mogasheens, and 8' a pr. for shooes, 9:0:0 105. Capt. Eobert Cotfin's muster roll, iu the year 1708, for scouting, am" to 89 : 13: 1;^, is allow'd in full thereof, 30: 0: lOG. Theophilus Smith, his muster roll for 1708, refer- red to the Assembly, not allow'd. 107. Cornelius Conner, allow'd for hides and moga- sheens, as per ace*, 3:8:0 108. Ephraim Marston, allow'd for I'iding post to Boston, 1: 10: 109. Capt. Hunkin, Mr. Treasurer and Mr. Marston, allow'd for their time, expenses, &c., iu going to the Congress to attend upon his Excellency for the service of the Province, as per ace*, . 32 : 10 : 110. Mr. Treasurer Penhallow's ace', relating to the transports and expedition, &c., am" to 2607"^ : 4" : 1^, there is allow'd to be due to liim to bal- ance as iDer said ace', . ' . . . 679 : : 1 112. Capt. ISTath' Hill, for going to Boston, &c., al- low'd, as per ace', 3 : 10 : 113. "Will'" Cotton, for hides imprest, &c., allow'd, . 3: 0: 114. Capt. John Ivnight, allow'd for ferridge, as per ace', 1:2:0 115. Joslnia Brackett, for going ex^Dress, &c., as per order, allow'd, 0:8:0 116. Mr. Treasurer Penhallow, as jjer his ace' about the bills of credit, «fcc., allow'd, . . . 45: 6: 117. Mr. Treasurer Penhallow, as per his ace' of ex- lienses, &c., for the comittees goiug to Boston, for their time, &c., allow'd, . . . . 44:11: 9 118. Jotham Odiorne, for pine boards, allow'd, as per ace', 1:9:3 119. Joseph Bailey, for feri'idge, as per ace', allow'd, 0: 15: 120. James Rendal and Benj. Sevey, for work at the fort, allow'd, . 1: 4: 121. Edward West, for going ex^iress to Newbury, allow'd, 0: 6: 122. Colonel Walton, for mony paid the cai-penters and smith for work done to the carriages of guns, &c., allow'd, 2: 15: 94: 11: 2 9: 14: 17: 0: 42: 1: 4 0: 10: 426 PROVINCE OF NEW-HAMPSHIRE. [1710- 123. Mr. Attkinsou's muster roll for soldjers, Anno Domini 1709, allow'd, 124. Capt. Samuel Wiuckley's ace'" about his trans-' ports, allow'd, 125. Colonel Hilton, as per his ace' of service done her Majesty in the year 1706, allow*^, 126. To Mr. Secretary Story's ace" for his salary and service for the year 1709, allow'd him, 127. Lieut. Thomas Tippetts, for snow shoes, allow'd, 128. [p. 321.] John Partridge, his ace' about ferridge, aUow'd, 0: 15: 129. Major W° Vaughan, allow'd upon his ace' as Agent two hundred pounds, to be paid out of the Ti'easury, besides two hundred pounds, with interest, which was formed}^ paid to Colonel Partridge for the Agent's uses, and is in full of all his accounts of Agency, to tins day ; And further, that the thirty pounds paid Colonel Partridge for his, the said Vaughan's, part in going to New York to the Earle of Bellomont, be repaid by the said Partridge to the said Vaughan, . . 200: 0: 130. Mr. Treasurer's Ace' for several disbui'sements, about the two Comittces and other tilings, al- low'd, 77: 8: 11 131. Capt. James Davis his muster roll signed by liis Excellency the Governor, allowed . . 15 : 3 : 6 132. Capt. IJichard Gerrish's ace' referred to the As- sembly allow'd by the Assembly, . . . 10:0:0 Robert Elliot, Samuel Penhallow, John Plaisted, Mai"k Huuking, Joseph Smith, 12'i» May, 1710. Theodore Attkinson. Charles Story, Secretary. The aforesaid report of the committee was sent down to the House of Representatives with the following vote an- nexed : 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 427 May 12'% 1710. In Council. The account above and the return of the Comittee is ac- cepted and the Representatives are desired to proceed upon the articles referred back to the Assembly by the Comittee. Past in Council, nemine contradicente. Cha. Story, Secretary. AUoiohl per the Assembly. 133. Capt. James Davis, as per ace* for snow-shoes, &c.* 134. Capt. John Gihnan, as per ditto 135. Robert Knight, as per noat 136. Ephraim Marston, as per ditto . 137. Capt. Theopliihis Dudley . 138. Capt. Davison allow'd for medicines, &c. . 6:0 And for Smart mony 6:0 16"^ May, 1710. The House of Representatives having perused the preceeding ace'* and settled to those articles referred to them, with the addition of some other claims, as is expressed, allow'd thereof by order. Sam' Keais, clerk. Adj*^ till to-morrow morning, 10 of the clock. *[Paper on File.] Snow-Shoes. A claim of the several persona under named for their snow-sboes and mogasans wbicli were imprest for her Maj'tys service by Capt. James Davis, by order of CoUo. Hnton. Serg. Jonathan Woodman, Abraham Bennet? John Ambler, James Durgin, Joseph Smith, Mr. Thomas Egerly, Left. John Smith, Thomas Drew, Jaremlah Burnam, Philip Chesle, En. Francis Mathes, Capt. James Davis, En. Stephen Jones, Samuel Waymouth, William Jacson, John Cromet, Lt. Samuel Edgerly, John Williams. Tweve pare of snow-shose and mogasans was Improved under Coll. Hilton to the asteward to Picwacket and Marigwock, and non of them Returned. The Keast of them Improved in the winter scout above the beds of the province under Capt. James Davis. Indorsed—" Capt. Davis, acctt. of snow-shoes. Allowed nine pounds, pr the December 6, 1709." Committee & Assembly. 428 PROVINCE OF NEW-HAMPSHIRE. [1710. [p. 322.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Saturday, the 13"» day of May, 1710, by adj', ante merediem. Present, His Excellency, &c., Major W™ Vaughan, ) John Gerrish, ) Robert Elliot, [ Esqs. Sam> Penhallow, J Esqs. Nath' Weare, ) John Plaisted, ) The petition of her Majesty's subjects of the south part of Hampton, commonly called Hampton Falls, was read at this Board, and is as followeth, viz : To his Excellency, Joseph Dudley, Esq., Govern' and Com- mander-in-Chiefe, in and over her Majesty's Province of the Massachusetts Bay and New Hampshire, and the Hon''''' the members of the Council and Representatives convened together in General Assembly, now sitting. The Humble address and petition of her Majesty's Loyal and dutiful subjects belonging to the south part of Hampton in the said Province of New Hampshire, commonly called Hampton Falls, most humbly sheweth, — That your petitioners having formerly laid before y'' Excellency and Council the great want of having one settled among us on our side of the Town in the work of the ministry, and now by God's good Providence have obtained the Eeverend Mr. Theophi- lus Cotton among us in that work, and God by Ms awful stroke of Providence having removed, by death, the worthy and Rev- erend Mr. John Cotton* to our great lamentation, we do there- fore pray, That we may be set off from the town from being at any charge as to procuring and maintaining, a minister there ; and that we may have power given us to make a tax or Rate, from time to time, as shall be for the support of our minister with us, and that each part of the Town maintain their own minister; That as we have been at equal charge according to our estates as [p. 323.] to purchasing and holding the parsonage at the Town, that now we may have some land appointed and laid out for a parsonage, as convenient as it may be had for the Falls side, ac- cording to the worth of our part of the town ; That the Bounds * Rov..Jolin Cotton died Marcli 27, 1710, aged 57 years.— N. H. Reg. 1710.] JOURNAL OF COUNCIL AND ASSeAibLY. 429 may be settled between each part of tlie town, Tailoi- Eiver being so crooked that it parts the inhabitants belongiuo- to our meeting- House, we pray that the River may be the bounds up to the place called Garland's Mill, and from thence to a Bound tree betwixt Exeter and Hampton, at a place called Ass Brook, or that a com- mittee of iudiflerent men may be appointed to come upon the place, and they to settle the Bounds, as in your wisdom shall be directed, and as in duty bound we shall ever pray. John Brown, Joseph Tilton, Robert Eeed, Edward AVilkins, Israel Black, John Swayn, Caleb Swayn, Peter "VVeare, Joseph Sweet, Jr., John Drown, John Gove, John Cass, Benj. Perkins, Ebenez"' Gove, Thomas Cram, John Cram, W" Brown, Joseph Cass, Ephraim Hoit, David Tilton, Jacob Stanyan, Sam' Melcher, Zacharah Clifford, John Sanbuu, Jonathan Prescott, John Eaton, Kath' Prescott, John Cram, ^Y'^ Sanbun, Benj. Cram, Natii' Weave, Joseph Swett, Joseph Emons, Timothy Hutchius, Benj. Hilh'ard, Israel Clifford, Jr., Jacob Clifford, John Morginn, Nath' Weare, Jr., Samuel Shaw, Caleb Shaw, Dan' Tilton, Tho. Philbrook, Sam' Ilealy, Nath' Bacheler, James Px'escot, sen., Isaac Green, Benj. Filield, Enoch Sanburn, Benj. Bacheler, Moses Blake, Joseph Sanburn, Philemon Blake, Jonathan Fifield, W^ Shipperd, John French, Caleb Perkins, Timothy Blake, Jethro Tilton, Bonos Norton, Jonathan Filbrook, Nathan Green, Nehemiah Heath. 430 PBOVINCE OF NEW-HAMPSHIRE. [1710. Ordered that a copy of this petition he sent to the select men of Hampton, to attend his Excellency, Council and Representatives, on Monday next, in the afternoon, that there may be a full hearing Ijetwixt all parties relating to the contents within mentioned. Cha. Story, Secretary. 13th May, 1710. Sent down to the House of Representatives for concur- rence. Consented to by the House of Representatives. Theodore Attkinson, per order of the House. Adj. till Monday 10 of the clock, Ante Meridiem. [p. 824.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adjournment, on Monday, the fifteenth day of May, 1710. Present, His Excellency the Governour, Major "Wm.Vaughan, ^ Robert Elliot, > Esqrs. Samuel Penhallow, ) -^^^^a Nathl. Wcare, ) John Plaisted, ] ^ The following vote was sent to the House of Representa- tives relating to the Bills of credit, in hsec verba sequen: In Council, 15th May, 1710. Voted, that the present Bills of credit, issued by the Goverment of the Province, be received by her Majesty's Treasurer and all subordinate officers, in the payment of public taxes, with the advance and addition of five per cent, which five per cent interest is to be accordingly allowed to the Treasurer in his account of her Majesty's Revenue, from time to time. Past in Council. Cha. Story, Secretary. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 431 Which vote was sent up by the House of Representatives again, with the following vote annexed, viz : Voted a concurrence by order of the House of Repre sentatives, and that an Act be past accordingly. Theodore Attkinson, Clerk pro tempore. "Wm. Brown's petition about his being Constable of Hampton, and not being able to collect his rates, &c., was sent down to the House of Representatives. Adj^ till three of the clock, post merediem. Met accordingly, present Ut Supra. Adj'' till Thursday, ten of the clock, ante meridiem. [p. 325.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj', on Thurs- day, the 16th of May, 1710, ante merediem, 10 of the clock. Present, His Excellency the Govern% Major Wm. Vaughan, Nath^ Weare, ) ^ Sam^ Penhallow, ) -j^ John Gerrish, \ ^^^''^' Jn° Plaisted, ] ^^^''^' Ordered, that the late Comittee for auditing acc*^ be con- tinued till next General Assembly, and they are the per- sons appointed to audit the Treasurer's public acc*^ and report the same at the next General Assembly for con- currence. Colonel Thomas Packer, his Ace*, am'' to 48 : 13 : 1, as upon file, being read at this Board, was referred to the late standing Comittee for auditing ace**. Colonel Shadrach Walton, his acc*^ relating to her Majes ty's fort W'" and Mary, for service for himself and soldjers there, from March, 1709, to March, 1710, am^ to 136 ; 2 : 432 PROVINCE OF NEW-HAMPSHIRE. [1710. 10 J, was referred to the late standing Comittce for au- diting acc*^ Pursuant to a vote of the Assembly, May the 12, 1709, Major Shadrach Walton had fifteen pounds allowed him. Sam' Keais, Clerk. 16th May, 1710. Read in Council and ordered to be paid out of the Treasury, ncmine contradicente. Cha. Story, Secretary. The following vote was sent from the House of Repre- sentatives to this Board in hi^c verba sequen : Voted, that the two thousand pounds of Bills remaining in the comittees hands be delivered to the Treasurer to be issued for the payment of the Province Debts. In the House of Representatives. Sam' Keais, Clerk. May 16th, 1710. Consented to by the Council. Cha. Story, Secretary. Prorogued to the 19th June, 1710. [p. 326.] In the affair of Hampton before the Council by petition. Ordered, that the whole Town pay forthwith the arrears and funeral charges of their late minister ; That there be a Comittee appointed to report the Division of the parodies for the several meetings, and to consider how to settle lands for another parsonage ; and a further hearing of the whole town be referred to the next General Assembly ; and that the new parish in the mean time pro- ceed in the maintenance of their minister, according to former order of this Board, saving that no person dwelling on the North side of Tailor's River shall be taxed for any land lying in the New Parish, until a further hearing be had thereupon ; which is referred to the next session of the Assembly. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 433 111 pursuance of the above order the Comittee ap}>ointed are : Major Vaughan, Samuel Penhallow, John Plaisted, Theodore Attkinson, or any three of them, to make rejjort at the next General Assembly. The following vote was sent up to this Board : Province of New Hampshire. Voted, that whereas John Partridge, presenting a petition to the House of Representatives requesting their considera- tion about a former petition laid before them, as coming from his Excellency Joseph Dudley, our Govern'', and Coun- cil, to the former Assembly, in the year 1702-3, relating- to his disbursements formerly on soldjers belonging to the Massachusetts and Province of New Hampshire, having ace'" that the Massachusetts have ordered and alloweray his Excellency and Council, that the Treasurer may have order to pay the said Partridge the aforesaid ten pounds, which makes up the said sum of forty-eight pounds, eighteen shillings. Past in this House, May 24th, 1704. Mark Hunkin, Cleik. 16«' May, 1710. Read in Council, allowed ten pounds. Clia. Story, Secretary. Prorogued to the 19"' June, 1710. 28 434 PROVINCE QF NEW-HAMPSHIRE. [1710. Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Monday, the 19* of June, 1710. Present, W" Vaughan, ) Eohert Elliot, [ Esqrs., John Plaisted, ) -^^ Sam' Penhallow, ) Mark Hunking, ] ^ Pursuant to a precept directed from this Board .to the High Sheriff, for calling a Town meeting by the select men of Portsmouth, for electing or deputing a Representative to sit in General Assembly in the Room of Mark Hunkin, Esq., Mr. George Jaffrey was this day elected and chosen a Representative in loco Mark Hunkin, Esq., and took the oaths by Law established in the House of Representatives, instead of the oaths of allegiance and Supremacy, and re- peated and subscribed the declaration before Samuel Pen- hallow and Jn° Plaisted, Esq., two of the members of her Majesty's Council, the Secretary administering the same. Mr. Secretary was ordered to go to the House of Repre- sentatives and desire the House to proceed to the choosing of a Speaker, and to Report the same to this Board, &c. [p. 328.] The following vote w^as sent up from the House of Representatives : June the 10'% 1710. Voted, by the House of Representatives, that Capt. Rich- ard Gerrish is chosen Speaker. Sam^ Keais, Clerk. His Excellency's letter of the 12"^ current was read at this Board, in ha^c verba sequen : Boston, 12* Jmie, 1710. Gentlemen : — Yon are hereby dh'ected upon the swearing of Mr. Waldron and ]Mr. Hunkin into the Council, upon the receipt of this, to pro- rogue the Assembly to Wednesday, 28"^ Instant, and so from 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 435 AYecTuesclay to Wednesday weekly, until fiu-tlier order from my self; that I may be ready for her Majesty's service, Avhich are to be expected every day. And let warrants be given out in due form for the choice of a new member in Portsmouth, and that tlie Commons at their next meeting, receive the new member, and let him be sworne in due form, and let the House proceed to the choice of a Speaker, and let him be reported to me, that I vciay send my acceptance of lihu into that place, and the House thereupon ready for business in her Majesty's service. I am, Gentlemen, your very humble servant, J. Dudley. Prorogued till Thursday, 29"^ curr', ante merediem. Met accordingly, and prorogued till Thursday, the 3* of August next, 10 oclock, ante merediem. [p. 329.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by prorogation, on Thursday, the 3'^ of August, 1710. Present, Peter Coffin, ^ Natli^ Weare, I p Samuel Penhallow, ) W"^ Yaughan, ^^s^^^-' John Plaisted, [ Esqrs. Robert Elliot, J Mark Hunkin, ) The proclamation for an Imbargoe was read at this Board and ordered to be sent to the several officers, &c. His Excellency's letter of the 31*" July, 1710, was read at this Board and sent down to the House of Representa- tives, in ha3C verba sequen : — Boston, 31^' July, 1710. It is impossible for me at tliis time to see you in the Assembly, the whole aflair of raising men, victuals, clothes and transi^orts, for this gi'eat Province, lying iipon me ; which has been the occa- sion for my sending for Mr. Treasurer and Mr. Secretary, of New Hampsliire, to apprize them of her Majesty's comands for the ex- pedition to Port Royal, and that you may know every thing that concerns you in the Council and Assembly, they bring with them. 436 PROYINCE OF NEW-HAMPSHIRE. [1710, Copy of Col. Nicholsoirs Commission and Instructions relating proceedings of the Assembly of tlie Massacliusetts thereupon: Proclamation for encouragement soldjers volunteers, by which you will perceive there was no room to lessen your quota, but that you nuist proceed forthwith to raise your transports and pro- visions for three months, besides what shall be necessary before their Embarcation. I must desire you to use no delay, but imediately and cheerfully consent in yo"" votes with this Goverment, [p. 330.] agreeable to all your prayers and humble addresses to her Majesty for this expedition, and in which you will, I hope, tirst and imediately obtain the benefit. I am sensible of every article of distress you are in, but there is uo help at this time; I shall do you all the favours in my power; I have sent out for thirty or forty Indians more than the comple- ment of this Province, which I shall put in the stead of your English men, so far as they will go, upon a very easy hire, of which I have written to Major Smith and Colonel Walton, who may shew their letters, and in the absence of your men, if the troubles press upon you, I shall do my duty from hence to cover and support you. I have ordered the ninth of August for the ap- pearance of 900 Massachusetts men at Dorchester and Cambridge, and I desire that your men may parade at the fort in New Castle, that day at furthest, from whence I will take order for their com- ing hither. Gentlemen, — This is a very great affair before you, and the cheerful and speedy concurrence in every thing relating to the ex- pedition will bespeake for yo'" Province her Majesty's favour in other articles referring to you. The business of clothing is the only thing that will admit of your consideration, but that also must be soon ended; when you remember tJiat all the other Govermcnts shall appear in regimen- tal clothing, Hampshire will be out of countenauce not to do the same, as well as the soldjers in your pay discouraged ; and partic- ularly if the Indians, that I hope to get for you, be not like their fellows, I shall by no means retain them in the service. [p. 331.] I desire to let a few hours serve yo'^ consideration in this matter, and let Major Smith and my officers proceed forth- with, and let your letters and his be exprest to me every three days. The eyes of all Great Britain are upon us o see our obedience at this time; to make ourselves and our children easy and happy. I am, Gentlemen, Your humble servant, J. Dudley. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 437 The copy of General Nicholson's Commission and part of his instructions relating to the reducing Port Royal, was read at this Board, as upon file. The proceedings of the Council Warr relating to the reducing Port Royal, was also read at this Board, and sent down to the House of Representatives, and now upon file. A proclamation relating to the encouragement of volun teers upon the expedition to Port Royal, &c., was read at this Board and sent down to the House of Representatives. Adj^' till to-morrow morning, 10 of the clock, ante me- rediem. [p. 332.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj*, on Friday the fourth day of August, 1710. Present, Peter Coffin, "^ Nath^ Wear, I p,^,,.^ Samuel Penhallow, ) W" Vaughan, p^'l^^' John Plaisted, ( Esqrs. Robert Ellott,J Mark Hunkin, ) The following vote was sent up from the House of Rep- resentatives and read at this Board : Prov. New Hampshire. Voted, That out of the hundred men to be raised in this Province on the intended expedition against Port Royal, &c.,the Governourbe desired to let the commission officers be inhabitants of the same Goverment; tliat for encouragement of volunteers, every one that will enlist shall have a coat of thirty shillings, and one month's pay before he embark, and be freed from any impress for three years after his return • excepting scouting near the garrison to which he belongs, watching, warding, &c. ; That if this encouragement do not prevail for the bringing in volunteers the men impres* by 438 PROVINCE OF NEW-HAMPSHIRE. [1710. the several officers shall be obliged to go in person or hire a soldjer to the acceptance of sucli officer, notwithstanding the former Act that excused any person impressed for the paying of four pounds. Past by the House of Representatives. Sam' Keais, Clerk. Read in Council, 4'*' August, 1710, and consented to. Cha. Story, Secretary. Consented to. J. Dudley. Eodemdie. Voted in Council that Proclamations be^ sent to each town in this Province, pur- suant to the above said vote ; and that > his Excellency be desired to issue forth proclamations accordingly. ^ Cha. Story, Secretary. Consented to. J. Dudley. 4*^ August, 1710. Read in the House of Representa- ) tives and consented to. ) Sam' Keais, Clerk. Richard Waldron, Esq., was sworn one of the members of her Majesty's Council, and took the oaths appointed by Law, &c. [p. 333.] The following proclamation was consented to by both Houses, and ordered that Mr. Secretary send them to each minister of the several Towns, in Order to be pub- lickly read at their meetings, next Sabbath day : By his Excellency Joseph Dudley, Esq., Govemour and Com- mander in Cliief of her Majesty's Province of New Hampslure, in New England, A Proclamation for a General Thanhsgiving. The ?7/iconstant unwearied course of Divine Bounty and good- ness wherewith we are encompassed in the midst of our Great un- worthiness, the distresses we labour under by the sore calamities of War, as the just dcmeritts of our sins, notwithstanding, de- mand our highest acknowledgments of gratitude to Ahnighty God ; 1710.] JOURNAL OF COUNCIL AND ASSEJIBLY. 439 it being our commanded duty in every thing to give tlianks, where- to we are also invited by manj' special causes, particularly for the continuing of the life of our Sovereign Lady the Queen, the pre- serA^ation of her Majesty's sacred person, and superadded glorious victories to her Majesty's Arms, with those of lier allies in Europe this present summer ;« The happy arrival of her Majesty's forces from Great Britain for our relief from the insult of enemies; The signal mercy of God vouchsafed in answer for prayers for raine, under the late extreme scorching drought, by granting repeated pleutifal showers, and wonderfully reviving the languishing fruits of the earth, so that there is the prospect of a plentiful Harvest ; The preventing of the spreading mortal contagious sickness that was among us, and granting of general health: I have therefore thought tit, by and with the consent of her Maj- esty's Council, and at the instance of the Representatives in their present session, to appoint and order [p. 334.] Thursday the tenth day of August current, a day for a General publick Thanlvsgiving throughout this Province, forbidding all servile labour thereon, and exhorting both ministers and people in their respective As- semblies, with a becoming devotion, to celebrate the praises of our most Gracious God, for the before enumerated and other his numberless mercies and favours ; that glorifying him for them we may see more of his salvation. Giveu at this Council Cliamber at Portsmouth, the fourth day of August, in the ninth year of the reign of our sovereign Lady Anne, by the Grace of God, of Great Britain, France and Ireland, Queen, Defender of the faith, &c. J. Dudley. By order of his Excellency the Gov- ^ ernour with the advice oi' the Coun- > cil and Assembly. j Cha. Story, Secretary. God Save the Queen. Adj*^ till to-morrow morning, 10 of the clock, ante merediem. ]Met accordingly, and adj'^ to Thursday, the &'" current, 10 of the clock, ante merediem. 440 PROVINCE OF NEW-HAMPSHIRE. [1710. [p. 335.] Province of New Hampshire. At a Council and General Asseml:)ly held at Portsmouth by adjournment, on Tuesday the eighth day of August, 1710. Present, Peter Coffin, ) Sam^ Penhallow, J W"' Yaughan, [ Esqrs. John Plaisted, > Esqrs. John Gerrish, ) Mark Hunkin, ) Richard Waldron, Esq. His Excellency's Letters, dated the 1^' and 5"^ of August current, was read at this Board and sent down to the House of Representatives, in ha^c verba sequen : Boston, 1^' Aug., 1710. Gentlemen : — I desire you, as I have vrritten to the Council aud Assembh', to dispatch the affairs of the expedition ; if then, the Assembly shall see meet to raise 2000""* added to the 3000'"^ already impressed, I shall agree to an Act for the repetition of lOOO"'^ and the Impres- sion of one other 1000"^% provided the fund and security for the same be 1100"" payable in November, 1715; aud llOO"'^ in the year 1716; See the Act well drawn after the manner of the Massachu- setts Acts. And again I require that nothing of this matter be offered until the afliiir of this Expedition be dispatched, and if then the As- sembly doubt, it must be left to my next coming. I am, Gentlemen, your humble serv', J. Dudley. To the Gentlemen of her Majesty's Council, to be communicated. Roxbury, August 6"^, 1710. Genllemen: — I have the votes of the Council and Assembly referring to the Expedition ; Tho' they may have abated that of the Officers being of the Province, because it is in a great measure useless, being al- ways my own inclination; [p. 380.] and accordingly, I have now written to Colonel Walton, who is the Colonel of the regiment in which your men are to serve, to bring with him a Captain aud two or three other fit persons, to be commissiouated under him, for your 1710.] JOUKNAL OF COUNCIL AND ASSEMBLY. 441 Companies ; I must attend her Majesty's direction to put one officer into eacli of tlie companys, -wliicli sliall be but a Lieutenant and Ensign, of whose wages you will be eased by her Majesty's pay- ment of their wages ; and you mil presently see the benefit of their being joined with your officers, by their skill in instructing the soldjers ; and it maj^ be I may also otherwise dispose of them afterwards ; and accordingly I have signed your votes and direct your proclamatiou to proceed forthwith in my name with the clauses in the vote and no other; and that tills letter be of record with the files referring to the expedition ; and pray you to proceed vigorously and give Major Smith and Colonel Walton all possible assistance and expedition. I hope I shall ease some of your men by some 3Iartha Vineyard Indians upon a Small hire, but you must send me your Eound hundred, and I will use my friendship to the most necessitous (if I can) with the advice of your own offlcei's. I desire you to make no delay. And I doe prorogue the Assembly, after these affixirs are finished, to Wednesday the twenty- third instant, that I may write you once more before the forces embark if need be. You must give your votes for the Transport, twelve weeks sub- sistence on board, and for the clothes, to Mr. Treasurer. I am, Gentlemen, your humble servant, J. Dudley. To the Ilon^'® the Gentlemen of her Majesty's Council and the Representatives, in General Assembly, sitting in Portsmouth, New Hampshire. Adj^' till to-morrow morning, 10 o'clock, ante merediem. [p. 337.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjourm^ on Wednesday the 9*'^ of August, 1710. Present, Peter Coffin, ") Sam^ Penhallow,^ W- Vaughan, \^ John Plaisted, 1 ^ John Gerrish, ^^^qrs. ^^^^,^^ Hunkin, |>^sqis. Robert Elliot, J Rich^' Waldron, j Ordered, that Capt. Mark Hunkin, Capt. Richard Gerrish, and Capt. John Wentworth, or any two of them, be desired 442 PROVINCE OF NEW-HAMPSHIRE. [1710. to apprize the two transports going upon the Expedition to Port Royal, upon their Oaths, and make return thereof into the Secretary's Office, with an Inventory of all tackle, ap- parel, (fee, belonging to each transport, &g. The following vote was read at this Boaad, being sentupp from the House of Representatives, in haec verba sequen : Voted, That Mr. Treasurer be desired to advance the mony for the equipping the Transports, clothing the sold- jers, victualling and paying each volunteer a month's i)ay in advance, according to the vote of this House, whicli we promise to take care for the payment of. By order of the House of Representatives. Portsmouth, 9"^ August, 1710. Samuel Keais, Clerk. Consented to. J. Dudley. 9*^ AugS 1710. Read in Council and consented to, nemine contradicente. Cha. Story, Secretary. Prorogued to Wednesday, the 23'^ curr', 10 o'clock, ante merediem. [p. 338.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by prorogation, on "Wednesday the 23"^ of August, 1710. Present, The Honourable John Usher, Esq., Lieut. Govern'', &c., W- Yaughan, ) ^ John Plaisted, ) ^ Sam' Penhallow, \ ^^^'^' Mark Hunkin, \ ^^^i-^^' Rich'^ Waldron, Esq. Mr. Secretary Story was sent as a message to the House of Representatives to call them to this Board, who accord- ingly came ; And 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 443 The Lieut. Governour made the following speech, in hiec verba sequen : Gentlemen, Council and Representatives: — For two last years his Excelleucy having- account of French and Indian enemy designing with a body to make an attack on fron- tiers, (Her Majesty's service requiring in Massachusetts his pres- ence,) desired me to come into the Province to take care of your security both by sea and Land ; accordingly did. Last year when you set, I recommended raising mony for Expe- dition to Canada ; accordingly with all readiness done ; Accounts thereof sent to Lords Trade and Plantations which they take notice of; at same time recommended care to be taken for receiving claims for service of the Goverment, which I find have been done ; which gives great satisfaction, being more than for six years before ; I find mony raised for considerable payments as in your list allowed by his Excellency, which I hope clears all Province demands. Hearing of insults of your enemies on frontiers, never the like trouble and danger as now ; Queen being pleased to contin^^e my Commission, thought it my^duty in this time of extremit>' to visit you for taking care of yo"" frontiers and at all times shall come as apprehend her majesty's service requires my presence ; must say his [r. 339.] Excell. did take care in giving orders for scouting, wanting of iirovisions same omitted, since come into Province find- ing it in sore distress, that persons could not g'o two miles from their house because of the enemy, I sent out half of Province to make discovery of them ; after some returned from scouting to Oyster River, these men like to be taken by about twenty Indians ; Immediately ordei'ed Capt. Davis to march out to make discovery ; Did see about four or five Indians, Judging maybe about twenty, Pursued them, but they made escape. Capt. Gilmau returned; give accounts they found tracts of considerable number of the enemy and where lodged, but as for enemies could see none. Her ]\Iajesty having upon apphcation sent Ilon'^''' General Nich- olson with forces out of Great Britain, for imediate benefit of those parts; for which his Excellency desirous an address of thanks may be sent for her Majesty; shall order Secretary to pre- sent you therewith, and his Excellency's letter for raising mony, dated the 18'^ Aug. Recomend due care for Treasurer's security in advancing for this expedition; he shall lay before you acc"^ thereof, together with acc**^ of the Treasury. "When last year in Province recommended raising' mony for my 44-4 PROVINCE OF NEW-HAMPSHIRE. [1710. support of lionour Queen's Commission; pleased then to say- would take it into consideration. Her Majesty recommending-, raising- mony for (xovernour and Lieut. Governour, I now recom- mend to your consideration, not doubting- due respect to (Queen's Commission, as well as forwardness in raising- mony to value of gi'cat sums on other ace"' : to be plain, served four years in time Mr. Allen's commission, expenses on Council and gnards as well as my own, all out of my OAvn estate, and never had to value of one drop of water at charge of Province, which stood me in some hundreds pounds ; and six years served now, and not paid for my cai'e, pains and service, purely for good of Province. Considering a very busy time for your Harvest in the country, and the enemy being on your frontiers, having recomended abovesaid to your consideration, doubt not of your dispatch as to what laid before you. John Usheu, L' Govern^ ProAdnce IST. Hamp., 23'^ Aug., 1710. [p. 340.] The following vote was sent iipp to the House of Repi-esentatives, viz : » Voted, That George Jaffrey and Theodore Attkinson be a Comittee from this House, to join those gentlemen of the Council appointed to draw an address of Thanks to her Majesty for her favours in the forces sent under comands of General Nicholson against Port Royal, and all other her favours. By order of the House of Representatives. 23*^ Aug*, 1710. Sam^ Keais, clerk. 23*^ Aug., 1710. Read in Council and consented to, and Richard Waldron, Esq. is desired to join with Messrs. Jeffrey and Attkinson, to draw up the said address. Cha : Story, Secretary. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 445 , [p. 341.] Province of New Hampshire. At a Council and General AsscmLly held at Portsmouth, by adj*, on Thursday, the 24"' of August, 1710, ante mercdicm. Present, The Hon. John Usher, Esq., L' Govern% Major W"^ Yaughan, Richard Waldron, \ ^ Sam' Penhallow, ) t^ Mark Hunking, j ^^"^^^ John Plaisted, \ ^^^^' An Address to her Majesty was read at this Board and sent down to the House of Representatives in ha^c verba sequen : To the Queen's most Excellent Majesty. The address of your Majesty's most loyal and dutiful suhjects, tlie Govenioui', Couucil and Eeprescutatives of your Majesty's Prov- ince of New Hampshire, convened in General Assembly, Most humbly sheweth, — That in the midst of Trouble surroundiug us from the enemy by sea and Land, we received with joyful hearts the advice of your Majesty's sending to our relief, from Great Britain, several sliij)s of war, marines and warlike stores, «fcc., under the conduct of the Honourable Francis Nicholson, Esq., to form an Expedition against the French settlements at Port Royal and the coast of Nova Scotia ; which we take to be so great an instance of your Majesty's care and regard for us that we cannot, but with a due sense of your Majesty's great favour therein, with all humble gra- titude acknowledge the same. And though the circumstance of this poor Province (being all frontiers to the enemy by sea and Laud) bespeaks the assistance of more men than the scattering inhabitants thereof, for its defense ; yet we freely and readily sent [p. 342.] the quota demanded of us for this present expedition, with provisions, transports, and all things necessaiy for them,* and shall always exert our utmost endeavors for your Majesty's service, as becomes dutiful Loyal subjects. It only remains that we continue our daily ijrayers to God * " Nicholson brought from England five frigates, and a bomb ketch. These, with 3 fourth rates, 2 fifth rates, the province galley, 14 transports, in the pay of Massa- chusetts, 2 of New Hampshire, 5 of Connecticut and 3 of Rhode Island, composed the fleet, in which embarked a regiment of marines, and 4 regiments raised in New England." Holmes An., vol. I., p. 501, Note. 446 PROVINCE OP NEW-HAMPSHIRE. [1710. Almighty, that by his good Providence your Majesty's arms may continue victorious in Europe ; and that in these remote parts of your Dominions, particularly in this present expedition, they may be under the influence of the same Divine Providence, and attend-' ed with the like success. That the present wars and troubles may cease, that your reign may be long and prosperous, and the remainder of your days lengthened out and attended with the blessing of peace and tran- quility, both at home and abroad. We are your Majesty's most Loyal and obedient subjects. J, Dudley. Signed in presence and by order of the Council, Cha. Story, Secretary. Portsmouth, in New Hampshire, in New England, 24th Aug' 1710. Signed, in presence and by order of the House of Represen- tatives. Richard Gerrish, Speaker. The petition of John Cross, relating to his maintenance, &c., was read at this Board and sent down to the House of Representatives, as upon file. The following vote was sent up from the House of Rep- resentatives, in hjBC verba sequen : May it please your Honour, — We are sensible of your Honour's great care of us form- erly and lately, for which we render thanks, and are sorry the wars and other misfortunes hath of late so attended us, that at present we are not in a capacity of making any other answerable return, proportionable to your Honour's good service ; but pray your Honour's acceptance of ten pounds to defray your Honour's present travelling expcnces, and [p. 343.] we hope your Honour will still continue proper methods for the defense of our frontiers, as may be most likely for their security. In our last session we took care for the Treasurer's secu- rity, and have now voted an address of thankfulness to her Majesty for her great favour in sending forces, &c.. 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 44 7 under the command of General Nicholson, for the reducing Port Royal, and have appointed a Comittee therefor. Aug' 24th. Past by the House of Representatives. Sam' Keais, Clerk. Adj*' to two of the clock, post merediem. Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the 24th day of August, 1710, Post mered- iem. Present, The Lieut. Govern'', Major Wm. Vaughan, Richard Waldron, ) ,-, Sam' Penhallow, ) -r, Mark Hunkin, \ ^"^i"'^* John Plaisted, j ^' -i'"'" As to the vote of the House of Representatives to pre- sent the Lieut. Governour with ten pounds to defray his present travelling charges, to and from the Province, and thanks for his service, The Council concurs therewith : but as to the other part of the vote, we are unanimously of opinion, its a reflection and indignity cast upon the Governour, as if his care of us were defective and himself negligent of taking proper methods for the defence of the frontiers, — which we cannot but resent. [p. 844.] His Honour then proposed to the gentlemen of the Council, that he was going to Boston to-morrow, and if they had any thing to offer for her Majesty's service and good of the Province, he was ready to promote the same. Mr. Secretary was sent on a message to call the House of Representatives to this Board, who accordingly came, and the Lieut. Governour made the following speech, in heec verba sequen : — 448 PROVINCE OF NLW-HAMPSHIRE. [1710. Gentlemen: — Yesterday had all chief officers to cousult and advi.-c what might be proper for your security, according- to their desire, given directions therein; the great complaint was want of provisions; due care is taken thereof with the Treasurer for their supply, to their satisfaction. Am glad my care formerly, and now lately, to yo'' acceptance, and assiire you in discharge of trust reposed in me, shall continue my care, and at all times ready to serve you, and as occasion re- quires, visit you. I sent an express to his Excellency with account of return of Capt. Gilman and Caj^t. Davis, and to know Ms pleasure as to adjourning orprorougeing the Assembly. This morning had a re- turn, that you sliould be prorogued from Wednesday to Wednes- day ; accordingly adjourn you to next AYednesday, and so from Wednesday to AVednesday. You are adj'' till his Excellency's further order. John Usuer, L' Gov^ 24"^ Aug', 1710. [p. S45.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by prorogation, the 19"^ October, 1710. Present, His Excellency Jose])h Dudley, Esq., W™ Vaughan, ) p Rich^ Waldron, ) ^ Peter Wear, j ^^^^^' Sam^ Penhallow, j ^"'i''^' John Plaisted, Esq. His Excellency sent Mr. Secretary Story on a message to the House of Representatives, to call them up to this Board, who accordingly came, and his Excellency was pleased to make the following speech, in hsec verba sequen : Portsmouth, 19* October, 1710. New Hampshire. Gentlemen : — I am glad of your obedience and readiness in her Majesty's ser- vice in the expedition to Port Royal; wherein if by the good 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 449 Providence of Almighty God -we shall succeed, and I have the honour to represent it to her Majesty, I shall be ready also to rep- resent the unequal quota demanded of this province in proportion with the other Colonies. I have directed Mr. Treasurer to acquaint you Avith the present state of the Treasury, and the necessity of raising 1000 lbs. in your province Bills, for the payment of the forces and their subsistance, either by a new impressing that sum in Bills, or repetition of so many of your bills that may come in upon the year's tax, which the Representatives will consider of and determine. I am also to acquaint you that by letters from the Eight Honor- able the Lords Com" at the Board of Trade and Plantations, I am acquainted that the challenge of [p. 346.] Mr. Allen to the lands of this Province is now depending before her Majesty ; and if there be any representation or other service to be done in that affair, you will consider and' move therein as you think proper ; wherein my advice shall not be wanting when it is desired. I have iDarticularly to recommend to you the consideration of the Excise, which being well settled and directed, would go a gTeat way in our annual charge ; which for want of good provis- ion in the Law is of very little signification. K it were farmed or duly collected, would amount to five times as much as the Treasurer can make of it, for want of such provision in Law or direction thereabout. Your alfairs will not demand a long ses- sion; and the seiwice of both the Provinces demands my speedy return to Boston. I shall therefore desire your dispatcli. and there shall be nothing wanting on my part that you may be well defended from the enemy, and cozy and happy in all your atlairs; which I am well assured will be pleasing to her Majesty, as well as the benefit and service of the Pi'ovince. Adj'^ till to-morrow monihig, ten of the clock. [p. 347.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj', on Friday, the 20*'' of October, 1H0. Present, His Excellency Joseph Dudley, Esq., Governour, Esqrs. Sam' Penhallow, > Esqrs. Nath' Wear, ) John Plaisted, ) 29 450 PROVINCE OF NEW-HAMPSHIRE. [1710. Ills Excellency sent Mr. Secretary Story on a message to the House of Representatives, with the Impost Bill, &c. The Bill for continuing several Rates and Duties of Ex- cise, Customs, Impost and Tunnage of Shipping, was sent up to this Board, agreed to by the Council, and ordered to be Engrossed. The following vote was sent down to the House of Rep- resentatives, viz. : In Council, Voted, that for the better management and advance- ment of the Excise of the Province, that the Treasurer for the time being, together with the Justices of the Sessions, shall from time to time, when they grant licenses to any of the inhabitants of the Province, shall set the Excise for such persons and houses ; and if the said persons shall re- fuse to engage and secure the said excise so set by the Jus- tices, the said Justices shall not grant such License peti- tioned for, but take care immediately that their signs be taken down by the Sheriff, and licenses granted to other persons as shall be thought fit for such Imploy. 20"' October, 1710. Rea..d in Council and consented to. Cha : Story, Secretary. [p. -34S.] Richard Hilton, his debenture, am" to eight pounds, fifteen shillings and ten pence, for victualling of soldjers, etc., was read at this Board, considered, and allowed to ))e paid out of the Treasury. J. Dudley. Cha : Story, Secretary. The following memorial was read at this Board, viz.: To the Honorable Governour and Council, That whereas I was under the service of this Province of New Hampshire, in the office of Capt.-Lieut., under the command of Colonel Shadrach Walton, and was allowed but three pounds per month ; which I pray your Excel- lency and Honourable Council will be pleased to allow me 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 451 what was allowed to others in other provinces, in such a post, viz., four pounds ten shillings per month, — and shall ever pray, &c. Nic* Davison. 23'^ October, 1710. Read in Council and ordered the same pay as the Massa- chusetts pays a Capt.-Lieut. under a L* Colonel. Cha : Story, Secretary. Ajd'^ till Saturday morning, ten of the clock. Met accordingly ; Present antea. Adj'^ till Monday morning next, ten of the clock. [p. 349,] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Mon- day the 23 October, 1710.'' Present, His Excellency Joseph Dudley, Esq., Gov'', Esqrs. Sam^ Penhallow, > Esqrs. Robert Elliott, ) John Plaisted, ) Mark Hunkin, Esq. In the affair of the New Parish in Hampton, there ap- pearing difficulty in making any division of the Lands or inhabitants for the support of the ministers in the two sev- eral parishes ; And whereas the inhabitants and Auditory of the old church have agreed with their present minister to pay him annually eighty pounds, half in current money and the other half in provisions, &c. ; And to allow him the parsonage in the said town of Hampton, long since purchased by certain inhabitants there ; and fire wood as in the said vote and agreement in the record will appear : And whereas the inhabitants adjoining to the new parish 452 PROVINCE OF NEW-HAMPSHIRE. [1710, have considered to raise sixty pounds, and fire wood for their minister, and to lay out of the waste and unimproved lands in Hampton five acres for a house lot, and twenty-five acres for pasture, &c., for the parsonage there : Voted, that it he recommended to the select men of Hampton to lay out the said two parcels of land indiffer- ently, as well for the service as may he ; And that the Town of Hampton lay a tax annually for the said two sums, Am° to 140'^% in species as above, and pay the incumbent of the old Church according to the agree- ment made with him ; and the remainder to the incumbent of the New Church, from time to time. 23'' Octol^er, 1710. Consented to. J. Dudley. Read in Council and agreed to, Nemine contradicente, and sent down to the House of Representatives for concur- rence. Cha. Story, Secretary. October 23'^, 1710. Read in the House of Representa- tives and agreed with the Hon''^'' Council herein. Sam' Keais, Clerk. [p. 350.] The following address was read at this Board and sent down to the House of Representatives, who agreed that the same be fairly ingrossed and sent to her Majesty, viz : To the Qxieeii's Most Excellent Majesty. The humble Address of the Goveniour, Council and Representa- tives of your Majesty's province of New Hampshire, in New England, Most humbly sheweth, — That your most saci-ed Majesty's most dutiful and loyal subjects are deeply sensible of your Majesty's princely regard and favour in the support and defense of this province by the late supply of cannon and other warlike stores sent hither, as well as in 'your l^Iajesty's most gracious care for us in sending such a force of ships 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 453 and marine forces, who in conjunction with the forces drawn out of these provinces, have, by the Good providence of Almighty God, put your Majesty into possession of tlie important fort of Port Royal, the head of jSTova Scotia and L'Acadie, who have been these seven years the g-reat pest and trouble of all the navigation and trade of your Majesty's Provinces on the coast of America.* Your Majesty's most dutiful and loyal subjects do from this suc- cess and benefit take encouragement most humbly to address your Majesty, that such a number of your Majesty's ships of war and * Capture of Port Royal. [Penliallow's Indian Wars, Coll. N. H. Hist. Soc, Vol. I., pp. 63-66.] Col. Nicholson arrived at Boston, July 1st, 1710, in her Majesty's ship Dragon, at- tended by the Falmouth, and a bombship, with several transports, British officers, a regiment of marines, provisions, and stores of war; bringing with him her Majesty's royal command to the several Governors of the Massachusetts, New Hampshire, Con- necticut and Rhode Island, to be assisting in the said expedition; who very readily obeyed and supi)lied their respective quotas of good effective men, with transports, provisions, stores of war, pOots, chaplains,* chirurgeons, and all necessaries for the service. Col. Nicholson was apppointed general and commander in chief, who embarked September 18th, from Nantasket, having with him her Majesty's ship the Dragon Commodore Martyn ; theFahnouth, Capt. Riddle; the Loustiff, Capt. Gordon; the Feversham, Capt. Pastor; the Province Galley, Capt. Southack; the Star Boom, Capt. Rochport. Besides tenders, transports, hospitals, store-ships, and twenty-five lesser vessels," with oiien floats, for carrying boards and necessaries for the cannon. The land forces consisted of five regiments of foot, whereof Col. Vetch was Adjutant-General; Sir Charles Hobby, Col. Walton, Col. Tailer, Col. Whiting, and Col. Beading, had com- missions sent them from the Queen. * * * The fleet arrived in six days. On the 2Dth the whole army was landed. The fort fired on them, but did no damage. On Thursday, the 2Gth, at break of day, the General marched with the army on the south side, the marines in the front. Col. Reading at their head. Col. Whiting's regiment in the centre. Sir Charles Hobby in the rear, and Maj. Livingston with a party of Indians flanking the body in their march. Towards evening the Fort fired very smartly, and so did the French and Indians with their small arms, as they lay behind the fences, who killed three of our men. Next day, we mounted some of our guns, and made preparations to bring up the flat bottom boats, with the artillery and ammunition. In the evening, our bomb ships came up again, and threw thirty-six shells into the fort, which put them in an amazing terror. * * # # October 1st, the great guns were placed on the batteries; the mortars were also planted, and twenty- four cohorts at a little distance from the outward barrier of the fort. These all played upon the fort with good effect. The French, at the same time, firing their great guns and mortars upon us. The General sent Col. Tailer and Capt. Abercromby with a summons to Monsieur Supercast, the Governor, to deliver up the fort for the Queen of Great Britain, as her undoubted right. On October 5th, the Fort was delivered up on terms of capit- ulatior., which allowed the Governor of the Fort, Monsieur Supercast, with his ofiicers and troops, " to march out with drums beating, colours flying, and guns shouldered • each paying their respects to the General as they passed by; then our army entered the Fort, hoisted the union flag and drank the Queen's health, firing all the guns round the Fort, as likewise did the men of war, and other vessels in the River." In honor of Queen Anne, the place was henceforth called Ais'napolis. 454 PROVINCE OF NEW-HAMPSHIRE. [1710. forces may be sent early the next spring to visit Quebec and Mont Eoyal [Montreal], with such additional forces from all your Maj- esty's Governments on the shore of America as may, by the favor of Almighty God, reduce these places to your Majesty's obedience, and thereby make the whole North America an addition to your Majesty's imperial Crown and dignity, from whence by the indus- try of your Majesty's leige people, at p'sent inhabitants, with such others as may be planted here, all sorts of Naval Stores may with industry and without any hazard or interruption be trans- ported home, sufficient not only for your Majesty's service in the Kingdoms of Great Britain and [p. 351.] Ireland, but for all Europe, to the great increase of trade and navigation, the improve- ment of ships and breed of sailors. Your INIajesty's most loyal and Obedient subjects most humbly beseech Almighty God for your Majesty's health, long life, and the addition of further glorious victories over the great oppressor of the liberties of Europe. We arc your Majesty's most Loyal and obedient subjects. J. Dudley. Signed in presence and by order of the Council. Cha. Story, Secretary. Portsmouth, in New Ilampsliire, in } New England, 23'^ October, 1710. S Signed in i^resence and by order of ? the House of Representatives. ^ Rich'' Gerrish, Speaker. The following vote was sent from the House of Repre- sentatives to this Board in haec verba sequen : We rejoice to see your Excellency here at this time, and are thankful for your acceptance of our obedience to jour Excellency's commands in the Expedition against Port Koyal. We are satisfied that there wants mony in the Treasury and have therefore Voted, That two thousand five hundred pounds be im- pressed in Bills of Credit on the same fund in proportion to the last three thousand pounds, and that it be first ap- plied for payment of those debts, am° to about five hundred fifty-five pounds, allow'd by the comittee and assembly, and that the remainder be applied to the payment of such other debts as shall be allow'd by a comittee appointed to ex- 1710,] JOURNAL OF COUNCIL AND ASSEMBLY. 455 amine thereinto, and to settle the Treasurer's accounts, which we pray may be appointed out of both Houses ; and that they making their return, allowed Ijy the General As- sembly, shall be paid and not otherwise attributed. [p. 352.] We are thankful to your Excellency for your acquainting us with the letters from the Lords Comm" about our Lands, and pray your Excellency's continuation of friendship to us in that affair. We are informed that the Hon^''° her Majesty's Council made some exceptions to part of our vote last session, as thinking they were reflecting upon his Excellency. We intended no such thing but acknowledge your Excellency's care over us in all respects, and pray the continuation thereof, and always intend and shall endeavour to behave ourselves as Loyal Subjects to her Majesty and her Gov- erment, under your Excellency, which we hope and pray will be long and prosperous. We think the Law of the Excise is good. It only wants to be put in due execution, but considering there might be considerable come into the Treasury by a duty on lumber exported, Voted, That all the timber that shall be exported to any of the Maineland of America shall pay two shill. per ton, and that every vessel shall give bond to bring a certificate thereof, as in other cases, their bond for encouragement of Trade to be frank. That a committee be appointed to draw up an Act according to the vote, during one year. Past by the House, 23^ October, 1710. Sam' Keais, clerk. In Council. About the clause in the representatives vote relating to a tax upon lumber, boards, &c., voted unanimously in the negative. Cha. Story, Secretary. 22>^ October, 1710. Adj'^ to 3 o'clock, post merediem. 456 PROVINCE OF NEW-HAMPSHIRE. [1710. [p. 353.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj', on Monday, the 23-^ October, 1710 ante [post ?] mered- icm. Present, His Excellency Joseph Dudley, Esq., Govern'', W^ Yaughan, ) Eichard Waldron, J NatW Weare, > Esqs. Sam' Penhallow, > Esqs. Eobert Elliott, ) John Plaisted, ) Mark Hunkin, Esq. Upon application of the friends of Mrs. Ann Hilton, widow of the late Colonel Hilton, referring to her said hus- band's services. Voted, That the Secretary draw out an aljstract of the several muster rolls, wherein Colonel Hilton commanded the forces of the Massachusetts as well as those of this Province, and that a certificate thereof be signed in Coun- cil, that the widow may obtain the payment of their pro- portion as this province has already done. And as a testimony of the respect and honour to the good service of Colonel Hilton they move the Representa- tives that pounds be presented to the widow, and that she l)e acquainted that there is no account of Colonel Hilton before the Assemljly which is not adjusted and paid. Past by the Council and sent down to the House of Rep- resentatives. Cha : Story, Secretary. Whereas there was a vote past for the payment of prov- ince debts according to the manner therein set forth, and the honourable the Council refuseth the whole vote, but join in the imprinting the sum therein voted for : We think we have done our duty as to the manner of raising [p. 354.] mony by each way, but considering our promise and obligation to the Treasurer for payment of his acc*'^ of disbursements, 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 457 Voted, That 1200"'* be raised on all persons and estates within one year from this day. Past by the House of Representatives. 23'^ October, 1710. Sam^ Keais, clerk. Portsmonth, October the 23*^, 1710. Gentlemen : — The present meml^ers of her Majesty's Council and the present House of Representatives, have in their last ses- sions past the debts of this Province to the Treasury for the payment of about two thousand pounds. Have addressed her Majesty in their session in August, with thanks for the Expedition to Port Royal, assuring the service of their quota of men and transports. Have in this session acknowledged a further debt of about bbO^^\ Have assured the treasurer in their last session of the payment of his disbursement for the Expedition, which amounts to 1250"'. Have this day voted to impress 2500"^ in Province bills for the discharge of all these engagements, and that the Secretary draw the Act, which being presented has no ob- jection made to it, but is refused and the province left without possibility to subsist or proceed. Mr, Secretary Story was sent on a message to the House of Representatives to read the above memorial to them, who accordingly did. Mr. Secretary Story was sent to call the House of Repre- sentatives to this Board, who accordingly came, and his Excellency was pleased to prorogue the assembly to Wed- nesday, the — of March, 1710-11. The foil. Bills having been tln-ee several times read and past both houses to be enacted, was consented to by his Exce' and by him signed accordingly, viz : An Act for continuing several Rates and Duties of Ex- cise, Customs, Impost and Tonnage of shipping. An Act for the raising twelve hundred pounds. 458 PROVINCE OF NEW-HAMPSHIRE. [1710. [p. 355.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Friday, the 1"' December, Anno Domini 1710. Present, Major W^ Yaughan, ) y John Plaisted, ) ^ Sani' Penhallow, \ ^'^^'' Mark Hunkin, i ^'^^'• His Excellency's letter of the 27*'^ of November, 1710, was read at this Board, viz : Eoxbury, 27"^ November, 1710. Gentlemen: — I have lately received a letter bearing date November 12"', 1710, signed by Richard Gerrish, Esq., Speaker of the Assembly of New Hampshire, and several other members of the House of Repre- sentatives, setting forth that at the last session of the Assembly there was not sufficient provision made for the payment of the Province Debts and intimating that the prorogation of the Assembly being for so long a time, they pray an intermediate speedy session to pass the money Bill projected the last session, for the raising two thousand Ave hundred pounds in Province Bills, upon a just fund, and Grant of so much to be paid to her majesty's treasury to support the credit of the said Bills. The said Bill for the two thousand live hundred pounds having been formed and engrossed and read in the House of Representa- tives, aiid read in Council, where I was present, and upon some debate laid aside, and another Act brought in for 12001''^ only, for the present supply of the treasury, which as was then and is still observed is not sufficient to discliarge the Province debts : I judge the offer of the Representatives to be for her Majesty's service, and the honour of the Province, as well as their justice to discharge the debenters and suljsistance of soldjers, and there- fore do hereby order [p. 356.] Mr. Secretary Story to issue out warrants for the meeting of the Assembly on Friday, the first of December next, at Portsmouth, to sit on the said Friday and Saturday, and no longer, for the dispatch of that Bill only ; and that you do on the said Saturday evening, dismiss the Assembly to the day of the prorogation, which I entered in your books at my last being with you, aud not to sit any louger or otherwise ; \ 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 459 It being my Duty to be present at all debates of the General Assembly of matters importing the Goverment, wliich the season will not admit of at this time. I am, Geutlemen, Your very humble servant, J. Dudley. To the honorable Peter Coffin, Major Vaughan, and others, the Gentlemen of her JNIajcsty's Council for the Province of New Hami^sliire. Adj*^ till to-morrow morning ten of the clock. [p. 357.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, on Saturday, the second day of December, Anno Domi- ni 1710, by adj'. Present, Peter Coffin, \ y Sam' Penhallow, j j,.^ W- Vaughan, \ ^'^'^^' John Plaisted, j ^'^'^^• Mark Hunkin, Esq. The following votes were sent up to this Board, in lijfic verba sequen : In the House of Representatives. Voted, That the thanks of this House be given to his Excellency the Governour, for the allowance of this extraordinary session, so necessary for the discharge of the Province Debts. By order of the House, 2^ X'"", 1710. Sam' Keais, Clerk. 2'' X'"", 1710, read in Council and concurred with the House of Representatives. Cha : Story, Secretary. In the House of Representatives. Voted, That the present Bill now signed and sent up herewith, 460 PROVINCE OF NEW-HAMPSHIEE. [1710. containing a grant of two thousand five hundred pounds, to be issued in province Bills, be understood to comprehend the bill of twelve hundred pounds made the last session, dated the 23'^ October last, to enable the Treasurer ; that sum being made double in this grant : and therefore the Act for the 1200"'* dated as aforesaid, is hereby taken away, the said mony of 1200"''* being comprehended in this double grant. By order of the House. 2^ X"% 1710. Sam^ Keais, Clerk. 2'^ X*"", 1710. Concurred with the House of Representa- tives. Cha : Story, Secretary. [p. 358.] In the House of Representatives. Voted, That the former Comittee for impressing and signing Bills take care that two thousand five hundred pounds be Impressed, signed and forthwith delivered into the Treas- ury, to be issued thence ; first for the payment of five hun- dred fifty-five pounds, ten shillings, nine pence, which re- mains due of the old arrears, allowed by the Governour, Council and Assembly for part of which orders have been granted ; for payment of the Governour's salary that is now due ; the charge of wages, &c., of her Majesty's fort W™ and Mary ; The expedition against Port Royal ; The Treas- urer's disbursements for subsisting scouts on the frontiers, &c. ; and then the remainder for the payment of all other charges that shall be approved of by the standing commit- tee, and allowed by the General assembly. By order of the House, 2" Xbr, 1710. Sam^ Keais, Clerk. 2''' Dec'', 1710. Read in Council and concurred with the Representatives. Cha: Story, Secretary. 1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 461 Voted, that Mr. Secretary fortliwitli express the Bill for impressing Bills of Credit, signed by the Speaker on the behalf of the Representatives, and Mr. Secretary Story on behaM" of her Majesty's Council, to his Excellency the Gov- ernour, for his assent thereto. By order of the House of Representatives. 2d x'^ 1710. Sam' Keais, Clerk. 2*^ X'''', 1710. Read in Council and concurred with the House of Representatives. Cha: Story, Secretary. [p. 359.] Voted in Council, — That Robert Elliot, John Plaisted and Mark Hunkin, Esqrs., be a Standing Committee from this Board for one year, to examine all publick accounts for the years 1709 and 1710 ; and that the House of Representatives be de- sired to appoint three persons out of their House as a Com- mittee to join with the Committee of this House, and make report to the General Assembly from time to time. 2d X'"-, 1710. Past by the Council. Cha : Story, Secretary. Voted, Major Joseph Smith, Geo. Jaffrey and Theodore Attkinson, of the House of Representatives, be on the Committee, by order of the House. Sam' Keais, Clerk. 2^' Decern'^', 1710. 462 PEOVINCE OF NEW-HAMPSHIBE. [1711. [p. 360.] Province of New Hampshire. At a Council and General Assembly- held at Portsmouth, by prorogation, on Wednesday, the 9"' May, 1711. Present, His Excellency Joseph Dudley, Esq., Govern"", (fee, Major W™ Vaughan, V Sam' Penhallow, ) Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. Nath' Wear, ) Mark Hunkin, ) Mr. Secretary Story was sent as a message to call the House of Representatives to this Board, (1) who accord- ingly came, and his Excellency was pleased to make the following speech, in haec verba sequen : Gentlemen : — It is the usual season of your meeting for the service and benefit of the Province, and I shall be glad to consent to anything for her Majesty's service and yoiu' own defense and advantage. I hope the Comittee of both Houses, left the last sessions for the adjusting your account and debts, are ready with their returns, (1) [From Journal of the House.*] Ou the 9tli of May, met. P'sent, Mr. Speaker Gerrish, Theo. Dudley, S. Keais, N. Hill, Geo. Jafirey, Eze. Wentworth, J. Smith, Step. Jones, D. Tilton, Ja. Rendell, Eph:Marston, Theo. Atkinson, Nicholas Gillman. *NOTE BY THE EDITOR. The first Journal of the House of Representatives now in the office of the Sec- retary of State, commences the 9th of May, 1711. It is contained in a bound MS. volume, arranged by the late John Faemer, Esq., (by order of the Leg- islature, 1827) and labeled, — " Province Records. "Journal of the House. " 1711-1724." This " JouRi^AL " the Editor does not iniblish in full, but only such por- tions as may serve to illustrate the joint proceedings of the Council and Assembly, as contained in this volume. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 463 soe that all futui-c complaints will be taken away by the payment of your Arrears, Debts, Soldjers and Subsistance. Wee are sensible that the Indians are divided into small parties and give us trouble every where in the frontiers ; for prevention of which, I have lately strengthened the Province of Maine with a hundred musqueteers mox-e than their usual Garrisons, which are marching. I am informed that several of her Majesty's good subjects of this province are willing to march as volunteers, without subsist- ance or wages from the province ; if they might have a reward by the heads granted them by the Assembly, which I recommend to yo'^ consideration ; we being all sensible how much more ser- vice is to be expected from volunteers at all times, than from men impressed and drawn into the service. I recommended to yo'' consideration the building a Town House for the province, and an Alms House, and a Bridewell in this town for [p. 361.] the service of the province, agreeable to what is done in other places ; the benefit of which, for the honour of the pi-ovince, the good goverment of the poor as well as vitious people, will soon countervail the charge. I have heretofore designed, which I now repeat, y* there may be a Comittee of both Houses, to Revise the Laws of this prov- ince, and make a fair transcript of them tit to be humbly laid be- fore her Majesty for her Royal allowance and confirmation, which you may now doe, soe as to have them ready to be transmitted the next return of our ships for Great Brittaine. I have broitght with me Colonel Rednapp, her Majesty's Engi- neer, to peruse the works at the fort and to report the necessary repairs, wliich I shall lay before you. I have directed Mr. Treasurer to lay before you the state of your ace'". He is now entering upon his tenth year, since I have had the honour to command here, and has past liis accounts home to her Majesty's Exchequer. I am of opinion the House of Repre- sentatives owe him their vote of thanks for his care in the seiwice of the province, soe far ending with his ninth year's acc"% and to desire his care for the future in supply of subsistance and cloth- ing of any soldjers to be necessarily raised for the defense of her Majesty's good subjects of this province, as need shall be. J . Dudley. ] ■ *^^ Adjourned till 3 o'clock, Post Merediem. 464 PROVINCE OF NE^^-HAMPSHIEE. [1711. [p. 362,] Proviiice of New Hampshire. At a Council and General Assembly held by adjournment on Wednesday, the 9'^ of May, 1711, post merediem. Present, His Excellency, Joseph Dudley, Esq., Goveniour, Esqs. John Plaisted, > Esqs. Nath' Wear, ) Mark Hunkin, } The following vote was brought up to this Board by Mr. Ephraim Marston, one of the members of the House of Representatives, viz : May it please your Excellency : — We have perused your Excellency's Speech and shall consider the several paragraphs therein and doe our duty in answering them. By order of the House of Representatives. 9*^ May, 1711. Sam^ Keais, clerk. The Report of the Comittee for auditing the public ac- counts of this province was brought to this Board and Mr. Secretary was ordered to lay the same before the House of Representatives, which accordingly he did. Adjourned till to-morrotT nine of the clock, ante mere- diem. [p. 363.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Thursday, the 10"^ day of May, 1711, ante merediem. Present, His Excellency Joseph Dudley, Esq., Governor, Esqs. Sam' Penhallow, > Esqs. Robert Elliot, ) John Plaisted, ) Mark Hunkin, Esq. Adj'' to 3 o'clock, post merediem. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 465 Province of New Hampshire. At a Council and General Assembly held at Portsm" by adjournm' on Thursday, the 10"' day of May, 1711, post mere- diem. Present, His Excellency Joseph Dudley, Esq., Govern'", tfec. Major W" Vaughan, ) Nath' Wear, J Peter Coffin, > Esqs. Sam^ Penhallow, > Esqs. Robert Elliot, ) John Plaisted, ) Mark Hunkin, Esq. The following vote was sent up to this Board by the House of Representatives, viz : 10'^ May, 1711. Ordered, That the parish and precinct in the woods called Kingstown, and the parish and precinct upon the Isles of Shoals called Starr Island, be served with the or- dinary warrants to send one person each to represent them in the House of Representatives, and noe more until fur- ther order. Past by the House. Sam' Keais, clerk. Consented to by the Council. Cha : Story, Secretary. The report of the committee for auditing the publick ac- counts of this Province was sent back to this Board from the House of Representatives, in hcec verba. 30 4(36 PROVINCE OF NEW-HAMPSHIRE. [1711. [p. 364.] Province of New Hampshire. At a Committee for auditing the publick ace'* of this Province held at Ports- mouth, on Thursday, the 29"' of March, Anno Domini 1711. Present, Robert Elliot, ) Joseph Smith, J John Plaisted, [ Esqs. Theodore Attkinson, \ Esqs. Mark Hunkin, ) Mr. George Jaffray, ) Adj^' till Friday, 13"^ April next. Province of New Hampshire. At a Committee appointed for auditing the publick ace*' of this Province, held at Portsmouth, on Friday, the 13'^ of April, 1711. Present, Robert Elliot, ) Theodore Attkinson, ^ John Plaisted, [ Esqs. Joseph Smith, \ Esqs. Mark Hunking, ) Mr. George Jaffrey, ) Objections against sundry articles in the Treasurer's ac- count N'' (2) : Imprimis, that Capts. Gerrish, Davis and Gilman give an account of the expense of provisions sent them for the supplying scouts. 2'^''', That Capt. Davis give an account of sundryes de- livered him for a march, and that the Runlett and Bagg be returned or to allow out of his pay ten shillings and six pence. Adj'^ till to-morrow morning, ten of the clock. 1711.] JOURNAL OF COUNCIL AND ASSEJLBLY. 467 [p. 365.] Province of NeTv Hampshire. At a Committee appointed to audit the piiblick accoimts of this Province held at Portsmouth, by adj', on Saturday, the 14'^ of April, 1711. Present, Robert Elliot, ^ Theodore Attkinson, ^ John Plaisted, > Esqs. Josc])h Smith, > Esqs. Mark Ilunking, ) Mr. Geo. Jaffrey, ) Sundry objections aga*' Mr. Treasurer's account X" (2) : That Colonel Walton give an account of Expense of sun- drys delivered him for an Expedition to the Eastward. Over charged in freight of powder, two pounds ten shillings. March 30*"^, That Capt. Gerrish give an account of ex- pense of sundryes delivered him for a scout. Mr. Treasurer's account N" (1), N° (2), N° (3), all the articles in the said accounts we allow saving the articles be- fore objected against, which accounts amounts in the whole allowed of, 1363 : 14 : 8. Adj-J till Thursday, the 19*^^ April, 1711, ten in the fore- noon. Met accordingly, ut supra, ante merediem. No. 1. Mr. Treasurer's account, am" to 1038: 6: 11, to balauce ; some objections being made against some articles as Indorsed on the back side of the said acc'% allow'd 991"': 2«: O'^, 991: 2: 2^. Mr. Treasurer's account, am" to 111 : 7: 5, for sub- sisting of soldjers, &c., allow'd the said sum, viz. Ill: 7: 5 3"^. Mr. Treasni'er's ace', allow'd for several disburse- ments, &c., for subsisting of soldjers, &c., and abate of Constables, Governor's salary, two hundred sixty-one pounds, tive shillings, three pence, 261: 5: 3 1363: 14: 8 Adj*^ till 3 o'clock, post merediem. 468 PROVINCE OF NEW-HAMPSHIRE. [1711. [p. 366.] Province of New Hampshire. At a Committee appointed to audit the publick ace*' of this Province, held at Portsm" l)y adj*, on Thursday the lO*" of April, 1711. Present, Robert Ellott, ) Theodore Attkinson, J John Plaisted, V Esqrs. Joseph Smith, \ Esqrs. Mark Hunking, ) Mr. Geo. Jaffrey, ) Brought over, 1363:14: 8 4. Theodore Attkinson, Esq., his ace' for his shallopp, taking- an inquest and sending Expresses, al- low'd, 4: 12: 5. Major Joseph Smitli, his account for sending ex- I)resses, &c., tliroughout the province, allow'd twelve lbs., six shill., 12: 6: 6. Major Joseph Smith, his account of soldjers sent to the Widow Hilton's Garrison, allow'd, eleven pounds twelve- shillings, 11:12: 7. Capt. Gihnan's muster roll, for five days' scout, al- lowed nineteen pounds, seventeen shillings and eight pence, 19 : 17 8 8. Capt. John Wingett, his muster roll of the company under his command upon an Expedition to Port Royal, allow'd two hundred forty-nine pounds, five shillings and nine pence, 249: 5: 9 9. Colonel Shadrach "Walton, his muster roll of the company under his command upon an Expedi- tion to Port Eoyal, allow^'d two hundred and ten pounds, fifteen sliillings and eight pence, 210: 15: 8 10. Francis Mathews, his muster roll for scouting 9 days, from the 30"^ of March to the 8'^ of April last, allow'd thirteen pounds, fifteen shillings and nine pence, 13 : 15 : 9 11.. Major Joseph Smith's muster roll, for two days' scouting, having been seen by the committee, his acc*% am° to 22"^* : 19» : 0'^, referred to the As- sembly, allowed, 22 : 19 : 12. Col. Packer's Debenter, for expenses by the Coun- cil, Committee, &c., alloAv'd twenty - eight pounds, thirteen shillings and six pence, 28 : 13 : 6 1711,] JOURNAL OP COUNCIL AND ASSEMBLY. 469 13. Capt. AVincal's muster roll, for himself and sail- ors, upon an Expedition to Port Royal in the Brigautine New Castle, allow'd forty -live pounds, eight shillings and four pence, 45 : 8 : 4 14. Capt, Peter CotRu's muster roll, ditto, in the sloop Peter, allow'd twenty-nine pounds, seven shil- lings and five pence, 29 : 7 : 5 15. [p. 367.] Theophilus Smith, for scouting 2 days in 1710, allow'd one pound, sixteen shillings and six pence, 1 : IG: 6 16. Daniel Lampree, his debenter, for money paid Rog"' Swaine for entertaining his son, being sick in the service, : 15 : Adj'^ till Monday next, being 23'' curr', ten in the forenoon. Met accordingly, present as before. 17. Capt. George Vaughan's debenters, being well viewed, allow'd in full of the said acc*^. And for his Agency to this day, one hundred and eighty-two pounds, thirteen shillings, out of wliich sum he is to pay Mr. Ilich'^ Partridge and the solicitor and others, according to the arti- cles of his said several acc'% 182 : 13 : 18. Capt, James Davis, his muster roll for the year 1710, for forty men in her Majesty's service by Ms Excellency's Order, and for 110 men scout- ing, &c., allow'd forty-eight pounds, three shil- lings and six pence, 48 : 3 : 6 19. Capt, "Walton's debenter, about the fort, for ser- vice for himself and soldjers from the 25"^ March, 1709, to the 25*'^ March, 1710, allow'd one hun- di-ed and lifty-seven pounds, ten shill., 157:10: 20. Capt, AYalton's debenter, about the fort, for ser- vice for liimself and soldjers from the 25"* March 1710, to the 25"' March 1711, allow'd one hundred and thirty-six pounds, ten shillings, 136: 10: 21. Colonel Walton's muster Roll, relating to an Ex- pedition Eastwai-d, allow'd fifty pounds, eight- een shillings, 50 : 18 : 22. Nicholas Oilman's Muster Roll, allow'd, 10: 0: 23. Capt. Thomas Phipj)S, his muster Roll, about Kingstown soldjers, allow'd twenty shillings, 1 : : 470 PROVINCE OF NEW-HAMPSHIRE. [1711. 24. Samuel PenhalIoT\^, Esq., his debenter, relating to money paid Capt. Wincal and two sailors, and the Committee for auditing accounts, &c., forty- one pounds, five shillings, 41 : 5 : 25. Capt. Phipps' Muster Koll, about Hilton's Garri- son, allow'd seveu pounds, eight shilliugs and six pence, 7: 8: G 26. [r.3G8.] Colonel Packer's debenter. Am" to 4G : 13 : 9, for house rent and expenses by the Commit- tee at his house, allow'd only forty pounds, thirteen shillings and nine pence, 40:13: 9 27. Mrs. Elizabeth Harvey, her debenter, relating to entertaining the Clovernour and Committee, al- lowed twelve pounds, 3^, 6, [?] li: 0: 28. Thomas Phipps, Esq., High Sheriff, his debenter, relating to his attending upon his Excellency and Council, and sending exi)resses, mending the prison, &c., allow*^ him eleven pounds, 11: 0: 29. Alexander Miller, his debenter, in riding ex- presses in 1710, allow'd six pounds, ten shil- lings and two pence, 8:10: 2 30. Benjamin Akerman, for one year's service in at- tending the General Assembly, allow'd five pounds, 5: 0: 31. William Partridge, his debenter, relating to Ms being 14 days in a sloop Eastward, for her Maj- esty's service, and for dieting soldjers allow*^ liim twenty shillings in full of all demands of the Province to tliis day, 1 : : 32. Mr. Secretary Story's debenter allow"^ liimforhis service, salary, &c., 40: 0: 33. Richard Jackman, for ferridge of soldjers at Newtown ferry, allowed fourteen shillings and two pence, — 14:2 34. Edward Sei-jeant for ferridge of soldjers at New- bury ferry, seventeen shillings and three pence, — 17:3 35. Mr. John Knight's ace* for ferridge allow*^, — 14 : 6 36. Capt. Tuttle's debenter for 24 pairs of enow shoes and mogasheeus at 2^ a pair for moga- sheens and 8^ a pair for snow shoes, 12: 0: 37. Theodore Attkinson, Esq., his Muster Roll relat- ing to the fort in 1710, allow*^ seventy-five pounds, fourteen sliilliugs, 75 : 14 : 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 471 38. Jacob Lavcrs his debeuter relating to bide^. leather and kipes and mogaslieens, &c., 2: 2: 6 39. Major W" Vanghan his ace' of which he says there remains due to liim 287"^': Answered, That, whereas at the last Committee for audit- ing the liublick accounts of this province, the 12"^ May, 1710, they did then allow to Major W^.^Vaughan, two hundred pounds, which he owns received, and two hundred pounds more with interest thereof reC^ by Colonel W™ Par- tridge formerly Lieut. Governor, on ace' of the agency of this province ; And the said Major Yaughau [p. 369.] appearing to be the only Agent then employed by the px'ovince, and deny- ing that he ever received any money from the said Partridge upon the account of such agen- cy; — Allowed therefor that the said Major Vanghan be paid out of the treasury, two hun- dred pounds, 200: 0: wiiich with the two hundred pounds above mentioned, i>aid liim as in full of all accounts due to him from this province to this day. — ^be it for agency or otherwise. But in case the said two hundred pounds be by the province recov- ered of the said W™ Partridge with interest, the princii)al to be ordered into the Treasury, and the interest to be paid to the said Major William Vanghan ; i)ro%ided nevertheless, the said Major Vanghan shall not receive the said two hundred i)ounds out of the Treasury, until Colonel Partridge satisfy the Geu^ Assembly of tliis Province that the said two hundred pounds was not received by him on account of the said Major Vanghan. 40. Theodore Attkinson, Esq. his debenter for dis- bursements about the Brigatine Newcastle, in the late Expedition to Port Eoyal, allow"^ eight pounds sixteen sliillings, 8: 16: 41. Capt. Hill for snow shoes and mogasheens, 2: 12; 42. Nath' Stevens and Folsham allow'^ as per their account, 3: 15; 472 PROVINCE OF NEW-HAMPSHIRE. [1711. Province of New Hampshire. May 9"', 1711. We whose names are hereunto subscribed having pe- rused all the accounts before mentioned, and well considered the same, doe find justly due to each person the several sums set opposite to their names and number of each man's debenter. Robert Elliot, John Plaisted, Cha : Story, Clerk, ) Mark Hunking, of the Committee, j Joseph Smith, Theo. Attkinson, Geo : Jaffrey. [p. 370.] This account returned by the Committee an- nexed to each person's name, amounting to three thousand seventy-five pounds, seventeen shillings and five pence, is allowed by the House of Representatives, according to the return, by order of the House. Sam' Keais, Clerk. 10"^ May, 1711. This return of the Committee with the allowance of the General Assembly, being read at this Board, was consented to by the Council, who desires the Governour to issue out warrants to the Treasurer for the payment of each person the several sums allowed them out of the Treasury accord- ingly. Cha : Story, Secretary. Adj*^ till to-morrow morning 10 of the clock. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 473 [p. 371.] Province of Nesv Hampshire. At a Council and General Assembly held at Portsmouth by adjournment, on Friday, the eleventh day of May, 1711, Ante Merediem. Present, His Excellency Joseph Dudley, Esq. Governour, ifec, Major W™ Vaughan, ) Sam^ Penhallow, ^ Robert Elliot, V Esqrs. John Plaisted, > Esqrs. Nath' Wear, ) Mark Hunkin, ) Mr. Wear asked leave of his Excellency to goe home, being much indisposed, which was accordingly granted him. Adj'^ till to-morrow morning, 10 of the clock. Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournm', on Saturday, the 12"' of May, 1711, Ante Merediem. Present, His Excellency the Governour, ', 1710. May it please your Excellency : — We, having perused the state of the province since the repeating the thousand pounds collected last year, iind mony sufficient in the Treasury for payment of all such debts as was allowed by the Committee's return this ses- sion and approved by the General Assembly, Pray, that your Excellency would grant orders for the 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 475 payment of such debts according to the aforesaid return of the Committee. 12"^ May, 1711. By order of thef House of Representatives. Sam' Keais, clerk. Consented to by the Council. Cha : Story, Secretary. Ordered, agreeable to the votes of both Houses of the Assembly, that Mr. Treasurer Fenhallow take and receive the one thousand pounds now upon the Council Table, and that Mr. Secretary be present to see credit entered for the Province in his books for the same, and that thereafter he dispose and pay the same for the province debts by war- rants from the Governour and Council, as usual. Adj'^ till to-morrow morning, 10 of the clock. [p. 373.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth on Monday, the 14"' May, 1711, ante mcrediem. Present, His Excellency Joseph Dudley, Esq., Governour, Esqs. John Plaisted, \ Esqs. Peter Coffin, ) Mark Hunkin, ) The return of the Committee relating to repairing her majesty's Fort W™ and Mary was brought to this Board as upon file and sent down to the House of Representatives. The following vote was sent up by the House of Repre- sentatives, in hiec verba sequen : Voted, That the Fort W™ and Mary be forthwith re- paired, according to the returnc of the Committee, and that the Surveyor thereof do not expend more than two hun- dred pounds thereon, including all manner of charges, as subsistance, materials and labour, to wit : Three shillings 476 PROVINCE OF NEW-HAMPSHIRE. [1711. per diem for every tradesman ; two shillings per diem for every labourer, and that the Treasurer be desired to supply with subsistance therefor. May 14"S 1711. Past the House of Representatives. Sam' Keais, clerk. Read at the Council Board and consented to and ordered that the subsistance mony be supplied by the Treasurer, not exceeding eight pence per diem. Charles Story, Secretary. Ordered, That the neces^ry tools for all labourers, &c., in repairing her Majesty's Fort W™ and Mary at New Castle, according to the vote of the Assembly, That Mr. Treasurer be desired to survey what tools may be wanting and that he provide the same and what plank, boards, &c., may not be had without being impressed. That the Treas- urer issue forth his warrants for impressing the same, and that they be paid for out of her Majesty's Revenue, from time to time, in this province. Adj'^ till to-morrow morning, 10 of the clock. [p. 374.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth on Tuesday, the 14''' of May, 1711, ante merediem. Present, His Excellency Joseph Dudley, Esq., Govern^ &c., W"^ Vaughan, ) ••Robert Elliot, [ Esqrs. John Plaisted, ) ^ Sam' Penhallow, ) Mark liunkin, \ ^^*^^^' Mr. Penhallow's account of disbursements, am° to 16"'® 2% 4'^, allow'' and ordered to be paid in course out of the Treasury. Ordered, that Mr. Penhallow be paid out of the Treas- ury twenty pounds sterling, sent Mr. Newman for the laying 1711.] JOURXAL OF COUNCIL AND ASSEMBLY. 477 Loforc the Lords of the plantation the affairs of the Council rchiting to the coni})lcating the full number of the Council here. i Alexander Miller, his accounts am° to 3'"' : 2' : 6^, al- lowed and ordered to be paid in course out of the Treasury. The following- vote was sent up to this Board from the House of Representatives, viz. : — Voted, that a Committee 1)e appointed to revise the laws of this Province, and for drawing up such others as may be thought proper to present to his Excellency at the next sit- ting of the General Assembly. 15"' May, 1711. By order of the House of Representatives. Sam' Keais, Clerk. Committee of the Representatives, Major Joseph Smith, ) Theodore Attkinson, > Esqrs. Mr. George Jaffrey, ) Committee of the Council, Major W"" Vaughan, ) Sam' Penhallow, > John riaisted. ) An Act for repeating one thousand pounds of Bill of Credit, &c ; An Act for prevention of frauds and forgeries upon the Bills of Credit in use in this and the neighboring provinces ; [p. o75.] An Act for the encouragement of volunteers for the destruction of the Indian Rebells and enemie ; (1) Having been three times read, was i)ast to be enacted and assented to by his Excellency the Governonr. Prorogued till Wednesday, the 12"> day of September next, 10 o'clock, ante mercdiem. ( 1 ) [From the Journal of the House, p. 6.] May 12tb, 1711. Voted, That for Indian man slayn in the Province sixty pounds, for every woman thirty pounds, and for every minor or Papoose, fifteen pounds be payd out of the Treasury. 478 PROVINCE OP NEW-HAMPSHIRE. [1711. [p. 3TG,] Province of Xew Hampshire. At a Council and General Assembly held at Portsmouth, on Thursday, the ' 14^^ of June, 1711. Present, The Hon^'^'' John Usher, Esq., Lieut. Governour, Peter Coffin, "^ John Plaisted,^ \Y"' Yaughan, ( p^^,.^ Nath' Wear, )>Esqrs. Sani^ Penhallow, f'^^'i^^- Mark Hunkin,j Robert Elliott, j Mr. Secretary Story was sent as a message to call the House of Representatives to this Board, who accordingly came ; and his Honour the Lieut. Governour was pleased to make the following speech : Gentlemen : — ■ Her most gratious Majesty having sent liis Excellency General Francis Nicholson, Esq., with forces for reducing of Canada and Newfoundland ; It is expected that the government in these parts give then* ready assistance by raising of soldjers to join in conjunc- tion with the Queen's forces, — to whom God grant success and victory, the happy fruits of which will tend to the safety, wealth and prosperity of these her Majesty's dominions and plantations, and more peculiar to this her Majesty's Goverment, that for many years have been insulted, waisted and consumed by a cruel, bar- barous and perfidious Enemy. By his Excellency the Governour's precept, you are here called together for raising your quota of men, providing transports, pro- visions, &c., for carrying on the above Expedition. Her Majesty's service requiring his Excellency the Governour's presence at the Congress, remote from his Goverment, to consult in tliis great design : I am therefore come to expedite matters of so great an importance. Gentlemen, — You addressed her most gratious Majesty in Octo- ber last, that she would be gratiously pleased to send ships of war and forces for the reducing Quebec, &c. ; Upon which address from yourselves, and others from our neighboring Goverments, General Nicholson [p. 377.] is now sent as before mentioned, whose conduct, courage and prudence, is well known to us all, in the reducing of Port Eoyal (now Annapolis Eoyal) last year, which if please God to give him success in the reducing of Can- 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 479 acia, it will be of great aclvantage to us aud our posterities here- after. I do not iu the least doubt of your ready compliance with the Queen's expectations from you, and your proceedings to be such as will demonstrate you her Majesty's most dutiful aud loyal sub- jects, iu your dispatches. Her Majesty is at great expense and charge in this affair, and hath sent clothing, &:c., for our soldjers and many i)resents of value to our friend Indians and Mawhawks, &c. His Excellency the Goveiniour's expectation and pleasure is, that all other business be laid aside, and only with all chearful- ness to forward soe good a designe for the reducing the common enemy, pursuant to her Majesty's expectation, and that care be taken, for mony to be raised at the next sitting of this General Assembly, for payment of soldjei-s, transports, sailors, &c., and for all present expenses and charges upon the said Expedition. I shall contribute what I can for her Majesty's service and good of her Majesty's proAince, and hope you will speedily determine what is recommended to you. Jonx Usher. The following letter from his Excellency the Governour was read at this Board, the Representatives being present : Boston, 9"^ June, 1711. Gentlemen: — I herewith send you a copy of her Majesty's Instructions to my- self, referring to the Expedition to Canada, which I desire you to keep secret yet. You have alsoe enclosed an Embargoe in obedience to her Maj- esty's said Instructions, which you must presently publish and ac- quaint the fort and officers of the customs with, and see it observed. And I doe further dii-ect you to call the Assembly, the proroga- tion notwithstanding, to sit on Thursday next, and acquaint them with the said Instructions and let them be read [p. 378.] in their House ; and let them know that the vast force that is coming, and the whole expedition, is in answer to their repeated Addresses, and is the last effort of those Goverments, and by the favor of God will end in our security and establishment, aud therefore that I desire aud expect their unanimous vote. That there be a number of men not exceeding one himdred, with officers, raised for the service of the Expedition. That the Treasurer provide three months' victuals, trausjiorts, and other uecessai'ies for the said men. 480 PROVINCE OF NEW-HAMPSHIRE. [1711. That the Assembly will at theiv next session take care for the payment of the wages and snbsistance and other eharges of the said force. These votes will be cheerfully agreed by the Representatives, I doubt not; Thank them then and dismiss them to the prorogation, and express the votes to me. The whole fleet consists of ten frigates and eight battallion of foot, cannon, stores, arms and clothes for all the soldjers, which will save in a great part of our charge. Major Plaistcd brings this and will acquaint you anything neces- sary. Let us be private in the alfair as long as Ave can, lest it get to Quebec or Placentia. With my service to the Speaker and Gentlemen of the Assembly • I am, Gentlemen, Your very humble servant, J. Dudley. To the Gentlemen of the Council } of New Hampshire. ^ Pursuant to the above letter the following Instructions was read at this Board and sent down to the House of Rep- resentatives, as alsoe a copy of her Majesty's bounty relat- ing to the said Expedition : ANNE R. [p. 379.] [Seal.] Ixstructions for our trusty and well beloved Joseph Dudley, Esq., our Captain General and Commander in Chiefe of our provinces of the Massachusetts Bay and New Ilami^shire, in America, given at our Court at Saint James, the sixth day of February, 1710, in the ninth year of our Eeign. Herewith wee send you a duplicate of our Instructions to our Governour of New York, relating to a resolution we have taken for the reduction of Canada and New Foundland, by which you will perceive our intentions, and to which we refer you in all things as fully as if the same were again particularly repeated in these our Instructions; And our will and pleasure is, that you doe in all respects conform your selfe thereunto, and give your aid and assistance to all the several matters and things herein con- tained, as if the same were in these presents repeated and partic- ularly ordered and directed. Our will and i^leasure further is, that you doe observe and perform the several matters and things here in after contained on your pai't to be performed and observed : 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 481 1. AYec hereby direct that at least one thousaud able bodied men be raised by you in New England, and that the said men be well disciplined and exercised, and if yon shall want any experienced Officers for that purpose, our Goveriiour of New York will spare you some of the Sergeants we have ordered tliither by tliese ships; and if there be any Avant of Arms and ammunition yon will re- ceive the same by the squadron we intend to send to New Eugland, which may arrive there about the latter end of April next. 2, That you provide transiDorts, provisions and other necessaries for the said thousand forces, to be ready at the arrival of the squad- ron at riscataqua, and also several fiat bottomed boats for the landing our forces at Quebec, or other place where there may be occasion to land ; the said flat bottomed boats to hold sixty men each ; "Wee also direct that several vessels of fifty or sixty tunns each be provided good sailors, to be sent up the said river Canada with Land forces, as occasion may offer. 3.* [p. 387.] Province of Xew Hampshire. At a Council and General Assembly held at Portsmouth by adj', on Friday the IS*"^ of June, 1711. Present, The Honourable John Usher, Esq., Lieut. Govern'', Peter Coffin, ) Sam' Penhallow, \ W™ Yaughan, > Esqrs. John Plaisted, > Esqrs. Nath' Wear, ) Mark Hunkin, ) The following vote was sent up from the House of Rep- resentatives and read at this Board : 3fay it please your Honour, — Mr. Secretary Story showed us his Excellency's letter of the 11"' instant, relating to one member of this liouse at- tending him to Connecticutt, to the Congress there ; and the day appointed to be at his house, being past already, and considering therein, its said if he was proceeded, they were to follow ; Wee think it very unlikely, if not impossi- ble, for any person to be of service. *[Tlie Instructions, evidently incomplete, abruptly end.— Ed.] 31 482 PROVINCE OF NEW-HAMPSHIRE. [1711. Wee have his Excellency's letter and your Honour's Speech under consideration, and shall endeavor the Queen's and Province's service therein with all expedition. June 15"\ voted by the House of Representatives. Sam^ Keais, Clerk. 15^^ June, 1711. Read in Council, who consented to this vote, and^ the Secretary is ordered to write to his Excel- I lency about the same, and send him a copy [ of this vote. J Cha. Story, Secretary. The foil, letter was sent to his Excellency: May it please your Excellency, — lu obedience to your ExcelP letter respecting two gentlemen to attend your Excellency at the Congress, your Excellency's letter was laid before the General Assembly, who would readily comply thercAvith, but the late notice rendering it impossible for any to be there timely enough, doe humbly beg your Excellency's excuse therein, and shall be ready on all occasions to forward the exx)edition and observe such further orders and directions from your Excellency, from time to time, in all things relating thereto, we ai-e your Excellency's most humble servants. Per order of the Council, Cha: Story, Secretary. Adj'i till 2 o'clock, Post Merediem. [p. 388.] Province of New Hampshire. At a Council and General Assembly lield at Portsmouth, on Friday the Ib^^ of June, Post Merediem. Present, The Plon. John Usher, Esq., Lieut. Governour, Peter Coffin, \ Samuel Penhallow, \ Robert Elliot, > Esqrs. John Plaisted, > Esqrs. Nath' Wear, ) Mark Hunkin, ) Adj'^ till to-morrow morning 10 of the clock. 1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 483 Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adj' on Saturday, the 16"* day of June, 1711, Ante Mere diem. Present, The Hon. John Usher, Esq., Lieut. Governour, W™ Vaughan, ) ^ Samuel Penhallow, ) p Nath> Wear, \ ^^^'^'^' John Plaisted, \ ^^'^'-'^^ Mark Hunkin. The foil, vote was sent up to this Board, in hasc Yerba sequen : Mai/ it please your Honour^ — Wee, having considered his Excellency's letter and your Honor's speech, in which we find that the direction is to raise men not exceeding 100 ; and in one part of her Maj- estie's instructions to his Excellency, we observe the quota demanded from New England is 1000 men : Wee humbly conceive that our proportion thereof is not more than eighty men ; but being sensible of the great ad- vantage the success of this Expedition may be. Voted that there be raised ninety men, including officers and sailors, for the service of the present Expedition for re- ducing Canada, &c. ; And that the Treasurer provide a suitable transport ship not exceeding one hundred and thirty tunns, and three months provisions, and all other nec- essaryes for the said Expedition ; improving the stores left in his custody of the last year's Expedition ; for payment whereof we promise to make provision at the next sitting of this House. By order of the House of Representatives, Sam^ Keais, Clerk. Adj'^ till 4 o'clock. Post Merediem. 16'^ June, 1711. 484 PROVINCE OF NEW-HAMPSHIRE. [1711. [p. 889.] Province of New Hampshire. At a Council and General Assembly- held at Portsmouth, by adjournment, on Saturday, the 16*^ of June, Post Merediem, 1711. Present, The Honorable John Usher, Esq., Lieut. Govern'", W™ Vaughan, ) John Plaistcd, } Sam^ Penhallow, \ Mark Hunkin. \ His Honour made the foil, spcecli (the Eepresentatives being present) in Iiecc verba sequcns: Gentlevien, — As to the Governor's letter not exceeding 100 men with officers, and part of Governor's Instructions, — You observe the quota of Xew England is 1000 men ; you think your quota is eighty men ; that there may be a ship for transport of 80 men, including officers and sailors. His Excellency's letter, dated the 9"^ June, 1711, That there be a number of men not exceeding 100 for this Exi^edition. Must acquainte you, though his Excellency doth say not exceed- ing 100 men with officers, yet he doth not say less ; As for the Queen's instruction the quota to raise 1000 men, these two years been settled, viz: 900 Massachusetts; 100 this Pro\dnce; 200 Eoad Island; 300 Connecticutt. Isow to say 80 men with sailors is but 68 men, when always you raised 100 men besides sailors. Must doe his Excellency justice that he expect 100 with sailors, as formerly. The Queen having demanded your quota, she doth expect the whole complied with, of which I cannot abate : for two years, Queen knows your establishment to be 100 men ; if same be more as to quota than other goverments, your goverment might by last conveyance have sent to the Queen for relief: if upon arrival, find Her Majesty is pleased to lessen the number of your quota, it shall be readily complied with ; if not, shall and must expect your compliance with the number and shall write to know his Excel- lency's pleasure. As to three months provision I acknowledge pui-suant to his Exce? letter; but give leave to acquaint you that not less than five months provision must be had : For when Governour Phipps went 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 485 to Canada, was two mouths before he did get to Quebeck ; for want of due provisious, mauy of liis then Majesty's subjects' lives lost. I am sensible and doe believe that j^ou Gentlemen Avill not be wanting- in making due supplys for preservation of her Maj- esty's subjects and your friends' lives, — the which I leave to your cousideratiou, and shall order jonr vote to be returned and more duly considered. Adj. till Monday morning, 10 of the clock, Ante Merediem. [p. 390.] Prov. of New Hampsh--^ Att a Council and General Assembly held at Portsm** on Monday, the IS*"^ of June, 1711, ante merediem. Present, The Honourable John Usher, Esq., Lieut. Govern^ W"' Yaughan, ) ^ John Plaisted, ) ^ Sam' Penhallow, \ ^^^l^' Mark Hunkin, j ^^^^• Adj'' till 4 o'clock, post merediem. [Met according to adj. Present the same.] The following vote was sent down to the House of Rep- resentatives, in liEec verba sequen : Voted, That there be an encouragement given to all vol- unteers upon the p'sent Expedition to Canada, to the same value and in the same manner as the Massachusetts Gov- erment hath done ; and that each imprest man have one shilling given him at the time of his being so imprest, to be deducted out of his wages at pay Table. Consented by the Council. Cha : Story, Secretary. Adj^ till 10 to-morrow, ante merediem. 486 PROVINCE OF NEW-HAMPSHIRE. [1711. [p. 391.] Prov. of New Hamp^°. Att a Council and General Assembly held at Portsmo. by adj' on Tuesday, the 19''' of June, 1711, ante merediem. Present, The Hon'^^'^ John Usher, Esq., Lieut. Governour, W™ Vaughan, ) y Robert Elliot, | ^ Peter Coffin, J ^'^'- John Plaisted, \ ^'*1'- Mark Hunkin, Esq. John Plaisted, Esq., was sent as a message from this Board to the House of Representatives to know if they had any thing to recommend to this House (who answered they had got none at present) . Adj'^ till two o'clock, post merediem. [Met according to adjournment.] Present, The Hon"'"'' John Usher, Esq., Lieut Govern'', W Vaughan, \ ^ Samuel Penhallow, \ ^ Robert Elliot, \ ^^'^^- John Plaisted, \ ''^^^• Mark Hunkin, Esq. Mr. Secretary Story was sent as a message to the House of Representatives to call them upp to this Board, who ac- cordingly came, and his Honour the Lieut. Governour made the following speech, in ha)c verba sequen : Gentlemen, — Yesterday Mr. Penliallow was pleased to communicate his Ex- cellency's letter for Raising 100 soldiers ; j'ou were to signifle I had sent an Express to know his Excellency's pleasure as to Quota of men, and desired may consider of it till two this after noon ; you were then acquainted noe answer it may be will be sent; it is now about six o'clock; noe returne of the messenger. The Queen's concernment requiring expedition, pai-t of fleet be- ing arrived: [p. 392.] I recommend to yo"" Eaising yo"" quota of men. Ilis Exce^ in his letter say not exceeding 100 men with officers; however, you may apprehend 90 men, (for Avhich you pass*^ 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 487 a TOte) to be more than your quota of 1000 meu, to be raised in New Euglaud, by his Excellency, inhisGovcrments. An Address you having sent to her most gratiouslMajestic, with otlier Goverments, for carrying- on tliis present expedition ; To manifest your loyaltie to her Maj*''% respect to His Excellency, desire you should forthwith pass a vote for i-aisiug 100 men, &c., as his Excellency hath signified to you ; shall esteem the same as an act of loyaltie to her Majestie, regard to his Excellency's ex- pectation from you, pray same may speedily be dispatched. The following vote (No. 4) was brought to this Board in haec verba sequen : Yoted, Noe Encouragement be given but what is of the Queen's bounty, by reason noe proclamation hath been issued, and most of the men already imprest. lO"" June, 1711. By order of the House of Representa- tives. Sam' Keais, Clerk. Adj*^ till to-morrow, 10 of the clock, ante merediem. [p. 393.] Prov. of New Hamp™. Att a Councill and General Assembly held at Portsm° ).)y adj' on Wednesday, the 20^*^ June, 1711, ante merediem. Present, The Hon"^''^ John Usher, Esq., Lieut. Govern^', Major W"' Yaughan, ) -^ John Plaistcd, ) -p Kobert Ellott, \ ^•'"^^- Mark Hunkin, J ^'^^^• The two following votes was sent to this Board from the House of Representatives, in hasc verba sequen : Map it 2yi^cise your Son'r, — Wee have waited long in expectation of receiving an answer from his Excellency to our vote of the 16"' instant, for raising and subsisting 90 men, including officers and sailors, in hopes that his Excellency would Accept of the Siaid vote ; but seeing the Express is returned and noe answer to our said vote, and considering the quota ex- 488 PEOVINCE OF NEW-HAMPSHIRE. [1711. pected, viz., one Imiidred men, including officers, &c., with three months provisions, should be appointed one of our said Councill, as I Signature. S being a person by his Loyaltie, Integrity and Abil- ity, fitly Qualified to serve us in that Capacity. Our will and pleasure is, that forthwith upon receipt hereof, you doe accordingly Swear and Admit him the said Richard Waldron, to be one of our Council of that our province of Xew Hampshire ; And for soe doing, this shall be your warrant. And soe wee Bidd you fare- 490 PROVINCE OF NEW-HAMPSHIRE. [1711. well. Given at our Court at Saiut James, the second day of March, 1710. In the ninth year of our Reigne. By Her Majestie's Command. Daktmouthe. To our Trusty and well beloved Joseph Dudley, Esq., our Cap- taine General and Governour in Chiefe of our province of Xew Hampshire, In America, and in his absence, to tlie Commander in Chiefe, or to tlie i)resident of our Council of our said province for the time beino-. ANNE R. [p. 39G.] Trusty and well beloved, wee Great you v^-ell. — Wliereas, by our Order in Councill bearing date tlie one & thir- tieth day of March, in the year one thousand seven hundred and nine, wee were Gratiously pleased upon a Representation from our Commissioners of Trade and Plantations, setting foi-th that thei-e were two vacancys in the Councill of the province of New Hampshire, by the Death of George JafiVey and Henry Dow, late members of the said Councill, to Order that our Trusty and well c Royal ) beloved Mark Hunkins, Esquire, should be Consti- ( Signature. ^ tuted and appointed a member of our Council of our said j)rovince of New Hami)shire, to supply one of the said vacancies, as being a person by his Loj-altic, Integrity and Ability, titly qualilied to serve us in that capacity. Our will and pleasure is, that forthwith upon receipt hereof, you doe accordingly Swear and Admitt him, the said Mark Hunkins, to be one of our Council of that our province of New Hampsliire. And for soe doing, this shall be your warrant. And soe wee bidd you farewell. Given at our Court at Saint James, the second day of March, 1710, In the ninth year of our Reigne. By her Majestie's Command. Daktmouthe. To our Trusty and well Beloved Joseph Dudley, Esq., our Capt. General and Governour in Chiefe of our province of New Hamp shire, in America, And in His Absence to the Commander in Chiefe or to the president of our Councill of our said province for the time being. [p. 397.] The following votes was sent iipp to this Board by the House of Representatives, in licec verba se- quen : 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 491 Whereas there was a vote of this House of the IG"' and 20'** of June ultimo, for providing provisions, &c., for the subsisting- one hundred men, three months, but fearing that not sufhcient, — Voted, that in lieu of the three months' provisions, there be provided one hundred and twenty six days' provisions for one hundred men, and that the transport vessells be allowed eight shillings P. Tunn, P. month. July G"', 1711. Past by the House of Representatives. Sam^ Keais, Clerk. Read in Council & unanimously Consented to. Cha : Story, Secretary. Considering there was large Encouragement offered by this House to volunteers that would Inlist for the service of the Expedition to Canada, and none appearing thereon, and that those Impressed for the said service have had Large Encouragement from their Cap*^ and neighbors, wliicli with the Queen's Bounty and stated pay, wee think suflticient, Voted, that there be nothing*addcd to the pay of Officers or Soldjcrs. July G"\ 1711. Past by the House. Sam^ Keais, Clerk. 6"' July, 1711. Read in Councill, and left to be con- sidered. Cha. Story, Secretary. Ordered, that Mr. Secretary Issue out a warr' of Apprize- ment to Robert Ellott and Mark Hunkin, Esq., Authorizing them to Apprize the two Transports with their Tackle, A]>- parrell, &c., upon Oath ; And make returne of the same into the Secretary's Office in three days. 492 PKOVINCE OF NEW-HAMPSHIRE. [1711. [p. 398.] Province of New Hamp. Att a Councill and General Assembly held at Portsm", the 23" July, 1711. Present, W" Yau.dian, ) y Richard Waldron, { y Robert EUott, \ ^^^'^- John Plaisted, J ^^^'^• Mark Hunkin, Esq. gir^ — By advice I have Resolved to cover the Addresses of both provinces fo her Majestie; In Answer to your votes, and because the fleet is ready to saile, and one of tlie frigatts detached Home will saile in a few days, to save the time I have sent this Express and Covered a copy of the Massachusetts Address, with very little alterations, which you will presently communicate to the As- sembly, which I direct you immediately to advise the Councill to call, that it may be presently Communicated, and, if they please, Agreed and signed bj-^ the Speaker* of the Representatives and your selfe in the name of the Councill, and let there be three of them at least sent to me for several Shipps. If you have but the Major part of the Commons it will be well, and because you are alreadj^ warranted by the first vote of the last session to address Her Majestie with Thanks. And then draw me out a copy of the votes of the Assembly in due Order, Your vote of thanks upon reading the Governour's let- ter, your agreement of men, transports, Victuals, &c., leaving out any superfluous vote, as Wliere the Commons agreed to but 80 men; sett down only the last vote in those cases. And lett the votes be all single and fair upon halfe sheets of paper. This letter is open that Major Smith may read it, and bring his Deputies with him from Hampton to Expedite the matter, and he will send to Exeter to gett the Deputyes of that place to come presently to Portsmouth, all Depends upon yourExpedition. Cover j^our pa- pers to Colonel Noyce with a letter to Express y™ Immediately, unless you cann ride it your selfe. Your Serv*, J. Dudley. Mr. Treasurer wants a Sailor named Peter Man"! for an Officer on Board of the Transports ; 1 send him Immediately by Land ; he wants two j more, if possible to be had. J ♦[Probably this ktter was addressed to Charles Story, Sec] 1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 493 [p. 397.] To the Queeii's most Excellent JTajcstie. The Humble Address of the Governour, Council And Assembly of yoitr Majestie's Province of Nevr Hampshire, in Kew Eng- land, Conven'i in General Assembly the twenty-second day of July, 1711: May it please your most Excellent Maj''*-", — Wee Crave leave humbly to prostrate our selves atyo"" JIajestie's Eoyal feet, with all Humble and Dutilull acknowledgments of Highest Gratitude for the Expressions of your Majestie's most Compassionate tender Regard to the prosperity of your good Sub- jects in these yo"^ Majestie's Northern plantations of America, Throughout the course of your Majestie's Glorious Eeign ; partic- ularly for the signal instance of your Majestie's Eoyal favour in the Gratious Acceptance of our late Humble Addresses for obtain- ing an Expedition to be made for the Reduction of Canada, and freeing us from those Grevious oppressions Avhich wee have long laboured under by the French of that Country, and the Salvages in their interests in so near neighbourhood to us. And that your Majcstie has been pleased to command the service of such nimibers of your skilfull Experienced Officers and choice Troops, with soe Considerable a squadron of your Majestie's shipps of Warr, in tlais important afiaire, and to commit the conduct thereof to His Ex- cellency Brigadier Hill, appointed by j'our Majestic Commander in Chiefe, and the Hon"''"' S"' Hovenden Walker, Admiral of your Majestie's Squadron, who hajipily arrived at Boston on the 21"^ of June past, with as speedy a passage as could be Expected, And the forces both of the Land and Sea part in good State of Health; the accoimt of which was Joyfull to us. The preparations for the i)art of this frontier Government, In Obedience to your Majestie's Commands for the Expedition by the Hand of the Honourable Colonel Nicholson, are carryed on with such Application in Eaising [p. 400.] the Troops of this province, and Transports to joyn your Majestie's Squadron, arc tliis day per- fected ; And wee render our most humble thanks to your Sacred Majestic for the cloaths, Arms, and other accoutrem'* for warr of your Royal Bounty directed for the benefit of your Majestie's Troops levied w'ithin these yo"^ Majestie's Govei'ments. May Almighty God, on vrhom your Maj'tie's Dependence is placed, be Gratiously pleased to smile upon this Noble Important Undertaking, and Grant Success thereto in Subduiugof Canada to your Majestie's Obedience ; it will be a Glorious Acquisition to your Imperial Crown of Great Brittaine, and of Unspeakable beu- efitt & advantage to the whole Brittish Empire. 494 PROVINCE OF NEW-HAMPSHIRE. [1711. May God be alsoe Gratiously pleased to preserve yo"^ Majcstie's sacred i^erson, long continue yo' life & Reign, and prosper yo"^ Majestie's Just Arms Every where, for the Abasing of the pride of the Great Oppressor of Europe ; And that your Majestic may be Instrumental under God, to bring forward a si^eedy, hai)py and lasting peace, is and shall be the daily fervent prayer of Madam, Your Majesty's Loyal, Dutifull ATliankfull, Tho' distressed Subjects. Signed in presence and by Order of the Council. Cha. Story, Seci-etaiy. Portsm. in New Hampshire, in ISTew England, 22^^ July, 1711. Signed in presence and by Order of the House of Representatives- Richard Gerrish, Speaker. [p. 401.] Province of New Hampshire. Att a Council and General Assembly held at Portsm°, on Monday, the 30'*^ July, 1711. Present, Peter Coffin, | ^ Rich^ Waldron, ) p W^ Vaughan, \ ^^^^'^- John Plaisted, \ ^^^''®- Mark Hunkin, Esq. The following Letter from His Excellency the Governour was read at this Board and sent down to the House of Representatives, viz. : Boston, 27'^^ July, 1711. Gentlemen, — We have the news from the French j^rize lately broiight into this place, that there is a Great fleet from France likely to make their Impression upon tills Coast, and they may as easily look into your River as any other place. [p. 401. I have had consideration of your posture, and judge it necessary that the fort be strengthened with forty men, and the halfe of the Militia drawn and made ready for a march from Hampton, Exeter and Dover, to the Bank and New Castle, at a minute's warning, and desire you to send for Major Smith, and agree the matter to be made i-eadv. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 495 If you have any thing other or further to offer, I desire you to write me by the post or Express as you see meet ; and two of your fishing Boats must be Listed and directed to come in at tlie first siglit of any fleet to give you notice. I am, Your humble Serv', J. Dudley. I allow you to see the Assembly and acquuinte them with this letter, to make pro\ision for the Subsistauce accordingly. To the Gentlemen of Her Maj"^-" ) Council of New Hampshire. I Voted in Council, That pursuant to his Excellency the Governour's letter? dated the 27'*' Currant, Advising the -danger of the French fleet designed to visitt the Coast, that her Majestie's fort W°' and ^[ary be [p. 402.] strengthened with soe many Soldjers as those already attached for that service shall make tlie number of forty, to be Raised out of the several Companyes of Militia in this province, in Equal proportion ; And that a spy Boat or two be kept out a Cruising at Sea between Cape Ann and Richmond's Island to discover and give notice of the approach of any fleet or slii|)ps to the number of live, and the Treasurer be forthwith directed to provide necessary Subsistance, which by virtue of this vote we promise in due season to Enable him to doe as well as to pay the other Charges accruing hereby. 80"' July, past by the Councill. Cha : Story, Secretary. Past by the House of Representatives. Sam* Keais, Clerk. Ordered, that the Secretary Issue out his warrant to Sherifle, "Water Baliffe or Constable for tlie Impressing of one or two spy Boats according to the vote of the General Assembly. Prorouged till Wednesday, the 12"' of 7'^"", 10 of the Clock, ante merediem. 49G TROVINCE OF NEW-HAMPSHIRE. [1711. [p. 403.] rrovince of New Hampshire. Att a Council and General Assembly held at Portsm", by prorogation, on Thursday, the 13"^ of September, 1711. Present, Major W'" Vaughan, | -,. ^,.^ John Plaisted, j y Sam'U^enhallow, ' \^'^''- Mark Hunking, r'^^'" An Act Entituled an Act for Establishing a General Post Office for all Her Majestie's Dominions, and for settling a weekly Sume out of the Revenues thereof for the services of the warr, and other Her Majestie's occasions, was this day ordered to be published by beat of Drum, &c., at the usual and accustomed place. Accordingly the said Act was published ; the Honourable, Her Majestie's Council, and several of the House of Representatives, being then present. Adj'^ till to-morrow, 10 o'clock, ante merediem. Province of New Hampshire. Att a Council and General Assembly held at Portsm°, on Friday, the ll*^ of Sep'"', 1711, by adjournm', ante merediem. Present, His Excellency Joseph Dudley, Esq., Governour, &c., W" Vaughan, ) -^ Sam' Penhallow, ) -r...^,.^ Nath> Wear, \ ^''^''' John Plaisted, \ ^''^''- Capt. Hunkin and Robert Elliot, Esqrs., are appointed a Comittce to joyne with two of the House of Representa- tives for Auditing the Treasurer's Accounts not yet Audited. Mr. Secretary Story was sent in a message to the House of Representatives to call them to this Board, who accord- ingly came, and his Excellency was pleased to make the following speech, in ha^c verba sequen : 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 497 [Copied from Journal of the irousc.] Gentlemen, — Since I saw you in May last, her IMajestic's Fleet and foi-ces have happily arrived and been joyiied with the forces of t])is and the otlier Provinces, in obedience to her Majestie's command, and are proceeded toward Quebec and other places in possession of y'' enemy, and from whom we hope by the favovir of Almighly God, to receive a good account of their lirocecding and success. That which Imports us is, so far to be ready for their return, as to make provision for the just Payment of y^ subsistance and wages due to our Quota ; and that you may enable the Treasury, I have directed y^ Treasurer to lay before you an estimate of y^ charge, which tho' it cannot be exact, will well enough put y^ Representatives iuto the just consideration of w' is necessary, and wliich I have no doubt you will now i^rovide for. I have been a little more early this session than usual, that tlic Treasurer may be ready for the return of your forces, and that y*^ soldiers may not be oblidged to make an\- long attendance for their payment, Avhich will enervate y*^ charge. The Expedition of a French fleet upon the coast tliis Summer oblidged me to strengthen the fort with forty men, the one half whereof I have lately discharged, and shall soon reduce the rest to your winter posture. The ordinary Impost & Excise is nearly expiring, and may be a loss to the Revenue, if it be not at this time revived as is usual. I shall be glad of your good agi-eement in every thing, and shall not be wanting in any thing in my power to put forward her Maj- estie's service and the benefitt of all her good subjects depending upon tins Government. J. Dudley. 32 498 PROVINCE OF NEW-HAMPSHIRE. [1711. [p. 405.] Province of New Hampshire. Att a Council and General Assembly held at Portsmonth l)y adj* on Friday, the 14''' of September, 1711, post merediem. Present, His Excellency, Joseph Dudley, Esq., Governoiir, W™ Yaiighan, ) Sani^ Penhallow, ^ Nath' Wear, > Esqrs. John Plaisted | Esqrs. Eich' Waldron. ) Mark Hunking, ) Adj'^ till to-morrow morning, 10 of the clock. Province of New Hampshire. Att a Council and General Assembly held at Portsm" by adj' on Saturday, the 15"' day of September, 1711, ante merediem. Present, His Excellency Joseph Dudley, Esq., Governour, etc., W™ Vaughan, Sam' Penhallow, Nath' Wear, ) ^ John Plaisted, ) ^ Rich^' Waldron, \ ^^'1^' Mark Hunkin, \ ^''^^• The Representation of Theodore Attkinson (1) relating to the defect of the platforme and Carriages, etc., at Her Majesties fort, was read at this Board, and a Comittee of both Houses appointed to view the same and make Report, which was accordingly done and Approved off, as upon file. Adj'' to-morrow, tenn of the clock, ante merediem. (I) [From Journal of the House, p. 25.] Sept. 14. COPY OF YE MEMOKIALL OF THEODORE ATKIXSOX, ESQ. May it Please yo'r Excellency : According to yo'r Excellency's Directions I have caused a House to be built for covering the carriages, &c., at her Majties Fort Wm. & Mary, and with the blaster Carpenter viewed what other things were necessary to be done there. We found the Platforme Defective in many places, which for the present are mended, but in a httle time must be new planked. We find the Carriages of ye Guns very Rotten. The 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 499 [p. 40G.] Province of New Ilampsliirc. Att a Council and General Assembly held at Portsmouth on Monday, the IT"' of Sep'"", 1711, by xidj', ante nierediem. Present, His Excellency Joseph Dudley, Esq., Govcrnour, etc., W"' Yaughan, ) Eichard Waldron, ) Nath' Wear, \ Esqs. Sam' Penhallow, [ Esqs. Robert Elliot, ) John Plaisted, ) Mark Hunking, Esq. The following vote was sent upp from the House of Rep- resentatives to this Board, viz : May it please yo'v Honours, — Wee have perused and considered his Excellency's Speech, and wee finde by our votes that wee promised to Reimburse the Treasurer for Sundryes, which according to his Estimate, we think to be about eight hundred pounds ; and the other claims from Mr. Treasurer and other people that may have just Debts due, being to us yett uncertaine. Voted, That the thousand pounds coming into the Treasury in December next be Repeated for the payment of such promises and Debts as shall be allowed by the Comittee and approved off by the General Assembly, and the rest of Debts soe allowed wee promise to make pro- vision for payment off at our next session, at which time Powder house will want easeing before the snow, which with some other Repairs is humbly offered as absolutely necessary to be repaired forthwith. Your Excellency's Humble & Obedient servant, Theo. Atkinson. Kead at the Council Board. Upon the representation above said, Ordered, That John Plaisted & Mark Hunking, Esqs., be a Committee to joyn with two of ye Com- mittee of ye House of Representatives, forthwith to repaire to her Majesties Fort Wm. & Mary and make Report of what the charge of such Reparation in the Representa- tion mentioned will amount to. Cha: Story, Secy. Voted, That INlr. James Rendell and Geo. Jaffrey be of the Comittee of this House to Joyne with the Comittee for the above service. Sam. Keais. Clerk. 500 PROVINCE OF NEW-HAMPSHIRE. [1711. wee hope care may be taken for the comittee to make their Returne. Past the House of Representatives. Sam" Keais, clerk. 17*^ Sep'-, 1711. Read in Council and consented to nnanimously, and or- dered that a Bill be Drawn by the Secretary accordingly. Cha : Story, Secretary. Prorouged till Monday, the 8"' of October next, 10, ante merediem. [p. 407.] Province of New Hampshire. Att a Council and General Assembly held at Portsm'' by His Excellency's Es- pecial command on Monday, the 8"^ of October, 1711. Present, Peter Coffin, ^ Richard Waldron, ^ W" Vaughan, > Esqs. Sam' Penhallow, > Esqs. Nath' Weare, ) John Plaisted, ) Mark Hunking, Esq. His Excellency's Letter of the 1^' October, 1711, was read at this Board, in hsec verba : Boston, October 1^', 1711. Gentlemen, — I desire you upon sight hereof to Intimate a meeting- of the As- sembly upon Monday, tlie 8'^ Instant, and let the Inclosed si)eech be read to both Houses, and use your endeavour to obtaine the settlement of the Eevenew for the year and the enabling the Treasury to i^ay the Debts and forces. I pray you to use yo'' skill to doe the buisiness and if after three dayes you canu effect noth- ing publish the prorogation and rise with friendship. I am yo'' humble serv', J. Dudley. To the Honourable Major W" Vaughan, to be communicated to the Gentlemen of her Majesty's Council of New Hampshire. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 601 Mr. Secretary was sent down to the House of Represen- tatives to call them to this Board, who accordingly came, (1) and his Excellency's Speech was read in haic verba sequen : Gentlemen, — The Great Ilurry of Affaires referring to the ffbrces in the late expedition and the Disposition of affaires of Her Majties forces depending- thereupon will not admitt of my seeing- of you at this time ; and the Expiration of the Act for the Excise and Impost being within a few dayes, and the forces returning and justly ex- pecting their payment has moved me to direct your session at this time. I suppose there canu be noe doubt of the continueing of the Act of Excise and Impost, which is always a Branch of the Rev- enue in all Her Majesties [r. 408.] Dominions & plantations, and we have much more need of it at this time of soe great exijeuces tlian at any time heretofore. And if there be any other Act canu be brought in to save the Laud tax I shall be always ready to doe my duty to Her Majesties Revenue and justice to the province for the payment of their Debts. I must desire you to enable the Treasury by Repeating and further Impressing soe many Bills, if you choose that way, as will pay the province Debts, which must be done by an Act Granting soe much as is soe Raised to Her Majestie for a fund for the same, least wee disparage our Bills soe as they loose their cur- rency and the Goverment their Creditt. I pray you to pass thro' these articles in two or three dayes ; and I have then directed a further prorogation to be then de- clared. J. Dudley. Colonel Shadrach Walton was sent for to know when he disbanded his soldiers which went upon the expedition to Canada. (1) [From Journal of the House.] October Sth. By an order from his Excellency the House met. Present, Mr. Speaker, Capt. Hill, Mr. Atkinson, Capt. Dudley, Mr. Wentworth, Mr. Kendall, Capt. Oilman, Mr. Marston, Mr. Tilton, Geo. Jeffrey, & ye Clarke. 502 PROVINCE OF NETV-HAMPSHIRE. [1711. Answered, he disbanded them on Saturday last, the sixth instant. Adj'^ till to-moiTOw, 11 of the clock, ante merediem. [Pc 409.] Province of New Hampshire. Att a Council and General Assembly held at Portsm" by adjournment on Tuesday, the 9"^ of October, 1711, ante merediem. Present, Peter Coffin, ^ Richard Waldron, ^ W" Vaughan, [ Esqs. Sam^ Penhallow, [ Esqs. Nath^ Wear, ) John Plaisted, ) Mark Hunking, Esq. The following vote was sent from the House of Repre- sentatives and read at this Board, viz : Voted, That his Excellency the Governour be desired to Reduce the soldiers at the fort W™ and Mary to the usual number for the winter service. October 9'% 1711. Past the House of Representatives. Sam' Keais, Clerk. Read in Council and Consented to unanimously. Cha : Story, Secretary. Adj'' till 3 oclock, post merediem. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 503 Province of New Hampshire. Att a Council and General Assembly, held at Portsm'\ by adjournm', on Tuesday, the 9"' of October, 1711, post merediem. Present, W™ Yaug-han, ^ Sam' Penhallow, J Robert Elliot, ! p John Plaistcd, > Esqrs. Nath' Wear, f ^^^^'^- Mark Hunking, ) Rich'' Waldron, The following votes being sent upp from the House of Representatives, was read at this Board, viz : Yoted, That two thousand pounds in Bills of Creditt be Impressed and signed by the Comittee, and Applyed for payment of such Debts as shall be allowed by the Com- mittee for Auditing the province Debts, &c ; and approved of by the General Assembly, and that a Committee be ap- pointed for drawing an Act accordingly. Past by the house. Sam'' Keais, Clerk. October 9"\ 1711. Consented to by tlie Council. Cha. Story, Secretary. [p. 410.] John Plaisted, Esq., & Mr. Secretary Story, a Committee appointed to joyne with two of the House of Representatives to draw upp the Act for Impressing and Signing two thousand pounds Bills of Creditt, and the Act for Repeating 1000"^ to be collected and paid by December next. Past by the Council. Cha. Story, Secretary. Yoted, Theodore Attkinson & George Jaffrey, a Commit- tee from the House of Representatives. Sam" Keais, Clerk. 504 PROVINCE OF NEW-HAMPSHIRE. [1711. Yoted, That the Act for Excise within this province be continued for one year from the expiration of the former Act^ Past by the House. Sam'^ Keais, Clerk. October 9"', 1711. Consented to by the Council. Cha. Story, Secretary. Adj*^ till 10 o'clock, to-morrow morning. Province of New Hampshire. Att a Council and General Assembly held by Adjournm*, on Wednesday, the 10'^ of October, ITll, ante mere- diem. Present, Peter Coffin, ) Richard Waldron, ^ "W™ Vaughan, > Esqrs. Sam' Penhallow, > Esqrs. Nath' Wear, ) John Plaistcd, ) The following vote beijig sent npp from the House of Rep- resentatives, (1) was read at this Board : Yoted, That M' Speaker and Mr. George Jaffrey be a Committee to joyne with some of the Council to view what stores is Returned, &c., from the late expedition, &to dis- pose of such of them as they think best for the province advantage ; And the rest to be Housed in the magazine. 10 October, 1711. Past by the House of Representatives. Sam" Keais, Clerk. Read at the Council Board, and voted that Richard Wal- dron & Mark Hunking, Esqrs., be a Committee to joyne with the Committee of the House of Representatives. Cha. Story, Secretary. (1) [From Journal of the House.] IMemoraudum. Capt. Gilmau aiid Mr. Epha. jMastou absented tliemselves with- out leave. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 505 [p. 411.] The several Bills following having been three several times read, were past to be enacted and consented to by his Excellency the Govern% and by him signed ac- cordingly,, viz : An Act for Continning the Dutys of Excise, &c. An Act for Emitting Bills of Creditt, &c. An Act for Repeating one thousand pounds, &c. I doe hereby prorouge the General Asscm])ly of the prov- ince of New Hampshire, to Thursday, the fifteenth day of November next. Given under my hand, J. Dudley. And accordingly, the General Assembly of this province is prorogued to Thursday, the fifteenth day of November next. [p. 412.] Province of New Hampshire. Att a Council and General Assembly held at Portsm", by his Excellencye's Especial Directions, on Tuesday, the 30^^ of October, 1711. Present, W Vaughan, ^ John Plaisted, ) y Robert Elliot, VEsqrs. Mark Hunking, j ^^'i'"'- Sam" PenhalloWjJ The foil. Letter was read at this Board, in hajc verba : Boston, 25"^ Octob"-, 1711. To the Gen" Assembly. Gentlemen, — Two dayes since U General Nicholson arrived here, and the As- sembly, sitting, have had conference with him, and he gives ac- count that the several Goverments westward are petitioners by their Addresses, that Her Majestic will be pleased in Her Loyal Regard to Her provinces in North America, to Eenew the expedi- tion the next year. And the Assembly now sitting have agreed the same, and their Committees are now drawing their Addi-ess. I desire and Dhect that there be an Extraordinary session of 506 PROVINCE OF NEW-HAMPSHIRE. [1711. the General Assembly of the province of New Ilampsliire, holden at Portsmouth, on Tuesdaj'^, the 30* of this Instant October, for the Consideration of an address to Her most saci-ed Majestic, that she will be pleased to Renew the Expedition against Quebeck, with lutmble lleprescntation of your great Distress by the warr, and Great poverty and Incapacitye to support yo'' frontiers at Home and a Quota of force abroad ; However humbly to pray that wee be not left a prey to the Insults of the enemy. Yo'' humble Serv', . J. Dudley. L' General Nicholson gives his Service to the Gentlemen of the Council and Assembly. Mr. Secretary Story, of Her Majestie's prov- ince of New Hampshire, to be communicated. Gentlemen : — Upon receipt of this Letter I desire you to communicate it to the Gentlemen of the Council, Mr. Speaker Gerrish, and such members of the Representatives as are usual, and lett the Sherifle be directed [r. 413.] to warn the session accordingly. And I hoi^e to enclose a copy of the address of this Goverment, or a minute of it, that you may use your own words and method. Wee are sensible here that the news of a New Expedition at Quebeck will do us service ; aiid truly, if an Exi^edition or peace doe not relieve us, wee shall be Greatly waisted. I doe not Doubt but every body will come into it. I desire Mr. Secretary and Mr. Speaker -nail signe two faire copyes in forme, Leaving Room for me. And I shall expect it Exj^ress, and the Court may Rise upon the former prorogation to the time ai)poiuted. Yo'- ServS J. Dudley. To the Gentlemen of Her Maj"''' Council of New Hamiishire. The following vote was sent npp from the House of Representatives : Voted, That there be an Address from the House to the Queen's most Excellent Majestie, that an Expedition be brought on for the Reducing Canada the next Spring, and that Geo. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 50T Jaffrey and Theodore Attkinson be a Committee to joyne with two of the Council to draw upp the said address, and that the Speaker -signe in behalfe of the House of Repre- sentatives. 30'" October, 1711. Past the House of Representatives. Sam^' Keais, Clerk. Read in Council and Consented to, and ordered that Sam" Penhallow and John Plaisted, Esqrs., be a Committee of this House to Joyne with the Committee of the Repre- sentatives, in drawing said address ; And that Mr. Secre- tary Story subscribe and signe the same by order of the Council. Cha : Story, Secretary. [p. 414.] To the Queen's 3Iost ExceUent 3fajestie :— Wee your Majestie's most Loj-al and Dutifull subjects, the Gov- ernour, Council and Eepresentatives of this your Majestie's prov- ince of New Hampshire, in New England, in America, Convened in General Assembly, the 30"^ day of October, 1711, Most humbly crave leave to ack nowledge yC Majestie's most gracious favour, In the late Important Expedition against Canada which (If suc- ceeded) might under God be of unspeakable advantage unto us, as well as Enlarging the Territories of yo-^ Majestie's Imperial Crown in these Northern plantations. But whereas the Divine Soveraignty was pleased to disappointe that noble designe, in which wee yielded a chearfuU obedience to your Majestie's Loyal Commands, would humbly Crave y' not- withstanding the Disappointment, your Majestic Avould gratiously accept of our sincere designe and Endeavours therein. Att same time most humbly pray. If in your princely wisdom you see meet, that your Majestie would Gratiously please to Ee- new the Expedition in the Spring, for the Reducing of that Coun- try unto your Majestie's obedience. And whereas one halfe of our men are Employed against the daily Insults of a Barbarous Enemy, which render us very poor and feeble, and considering that one-third of our ^^ouug men at least, yearly goe abroad, few of whom returne again. Wee humbly begg your Majestie's most Gratious favour respecting our Quota of men under the present distressing circumstances, and humbly 508 PROVINCE OF NEW-HAMPSHIRE. [1711. prostrate our selves at yo'^ lloyal feet — with earnest supplications unto Ahniiihty God for your Majestie's Long Life, and Success unto your Majestie's just anus. yice hegg leave to subscribe Madam, yo"" INFaj'''^* most Loyal and Dutiful! Subjects. Signed in presence autl by order of the Councill. Clia: Story, Secretary. Portsm° in New Hampshire in New England, 30"' October, 1711. Signed in presence and by order of? the House of llepresentatives, ^ Eichard Gerrisli, Speaker. [p. 415.] The General Assembly were Prorouged till the 15"' day of November next comeiiig. Mett according ; Prorouged till the 21^' of November Curr'. Mett accordingly, Prorouged till the 22'' Curr'. Mett accordingly, Prorouged till the 29"' Curr*. Mett accordingly, Prorouged till the 6"' X'"' next. Mett accordingly, Prorouged till the 6'" Feb'ry following. ;Mett accordingly, Prorouged till the 7"' Currant. !N[ett accordingly, Prorouged till the 14"' Curr^ Mett accordingly, Prorouged till the 25"' March, next ensuing. Mett accordingly, Prorouged till the 27"' Curr'. Mett accordingly, Prorouged till the 30"' of April next. Mett accordingly, Prorouged till the 1^' day of May next. Portsmouth, New Hampshire, Nov^ 1711. [From MS. CorresiDondeuce iu Secretary's Office, pp. 2.'?— 25.] Instructions for Henry Xewman, Esq.* resident in "Westminster, employed by the Governour and Council of this her Majesty's Province, at "Whitehall : *Thcse appear to be a first draft, by Gov. Dudley. 1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 509 You shall upou the arrival of these letters, attend Lieutenant General Nicholson & communicate to him the Address now sent you, & pra}- him to countenance & favour you in the i)resenting' your petition ; and Accordingly depend upou his advice in all things. You shall also comunicatc tlie Address & these Instructions to Jeremiah Dumer, Esq., Agent for the Massachusetts; & it may he present your Address at the same time, with Colonel Nicholson's advice. You shall by your Memorial represent to her Majesty or my Lord Dartmouth, as may be judged best, the sorrowful estate of the Province, consisting of no more than one thousand tighting men, in six or seven open villages, Avho are always obnoxious to the Inroad of the partyes of Indian and French, and alwajs arc upon their guard and scouting. Besides the one hundred men that have now for three years past been in service by her Majesty's especial command, which is a very great charge to the Trovlncc; besides forty men in service at the Forts; you shall carefally [.?] pray some abatement in the said number of men, in any New Expedition, and that the lower Gov- ernors of the Jerseys, Pennsilvania, Maryland & Virginia may supply men or be charged a sume of money to the assistance of the Expedition. You shall carefalhj* move as all the Governors do, that a new Expedition may be raised, & that Gen. Nicholson be employed therein, who perfectly understands the /orces of the Provinces, the state of the country, and what is to be feared if we be now left. You shall pray for a Garrison for the fort at Newcastle in this Province of forty men, to be upon the Brittish establishment, who need a Lieutenant with them; Colonel Walton, who has her Maj- esty's Commission for a Colonel, being at present Captain of the Fort. [Not consented to, therefoi'e left out.] You will always remember that this Province is next to the Eastern Indians, who arc the most troublesome upon the Conti- nent. You sliall represent the perfect obedience of this Goverm' to her Majesty's Commands in all things, of men, «fe provisions & trans- ports the last year to Port Royal, & this year towards Quebeck ; and the heavy Debts that are upon us at tliis time to be discharged upon that account. ♦Perhaps the word is earnestly. — Ed. 510 PROVINCE OP NEW-HAMPSHIRE. [1712. And wc intirely submit ourselves to her Majesty's disposal. Signed by order of the Governor & Council. J. D. C. S. Upon receipt hereof, summon & Communicate these Instruc- tions to them, & let them adde, alter or correct what they i)lease. They will pardon me to be thus free "svith them ; it is my sincere respect to the welfare of the Province, as well as the necessary Expedition of the papei's, which must be with me by Monday, which is the last day the General will stay. You may use the advise of Mr. Speaker, and any member of the house of Representatives, if you please. I would have done all this in full officially, but you see the time will not admit. Send imediately for Mr. Waldron & other Gentlemen of the Council & let them proceed in this aflair, as they, having mett in Council, shall determine. Mr. Secretary Story. J. Dudley. Nov. 7, 1711, Make ready your i^apers for "Whitehall. Indorsed — "For her Majesty's service. — J. Dudley. To Charles Story, Esq., Secretary to her Majesty's Province of Ncav Hamp- shire, Portsmouth. To be Exprest by Col. Hawthorn, Col. Noycs, to Ilamxjton." [p. 416.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth by Prorogation, On Monday the fifth day of May, 1712. Present, His Excell. the Govern'', Major Vaughan, ^ Sam" Penhallow, ^ Robert Eliot, > Esqrs. John Plaisted, > Esqrs. Nath" Wear, ) Mark Hunking, ) Mr. Secretary being sent as a Message to call the House of Representatives to this Board they accordingly came,* *3Iembers of the House. Present, Ye Speaker, Capt. Hill, Mr. Atkinson, Mr. Jones, Capt. Dudley, Mr. Kendall, Danl. Tilton, Maj'r Smith, Eplia. Maston, Geo. JaftVey, Capt. Gilman, Saml, Keis. 1712.] JOUENAL OF COUNCIL AND ASSEMBLY. 511 and his Excellency was pleased to make the following- speech, in hiEC verba seqiien : Gentlemen, — The Disaster of Ilcr Majestic's fleet and forces last year has, as wee might Expect, Encouraged the Indian Rebels in their Inroad upon us, And wee must be content Early to Apply our selves to our usual method of comeiug- into strict Garrisons, Scouting & marching in the frontiers, and to the fishing places, to prevent their Lodging near us. I have therefore Eesolved to Double the forces in the province of Maine, and Given Orders accordingly, Since my coming hither, and Judge it necessary that there be a party of this province of forty men at least, with proper Officers, to March from Kingstown to Cochecho Every two or Three dayes, and that halfe the Militia be drawn out to stand ready for a March where the Enemy shall be known to Approach us with any Great Number, which is to be Expected by an Intelligence from Casco Bay, wliich I shall Com- municate to j^ou. Her ]Majestie's fort must also be inforced with the usual number for the Svimmer Service. I must alsoe recommend to you the Establishment of the Impost, which was abated the last year, and is certainly a Surprise to the Goverments at Home, for chat there is every v/here a Duty upon shipping and Trade for the support of the publick Charge, in the ease of the Land Tax. which is always heavy upon the Country. [p. 417.] In yo'' Ordinary alfaires of the province, I shall shew myselfe ready to doe my duty for Her Majestie's service and the bencfitt of all Her Majestie's good Subjects, as I ought. Adj'^ till 3 o'clock, post merediem. Province of New Hampshire. Att a Council and General Assembly at Portsmouth, by adj*, on Monday, the 15"' of May, 1712, post merediem. Present, His Excellency Joseph Dudley, Esq., Govern"", &c., Major Yaughan,") Sam" Penhallow, J Kobert Elliot, I -^ John Plaisted, > Esqrs. Nath' Wear, f^n^'^- Mark Hunking, ) RichMYaldron, j 512 PROVINCE OF NEW -HAMPSHIRE. [1712. The following vote was sent upp to this Board from the House of Representatives, in ha;c verba sequen : Pro. N. Hampshir. Voted, that his Excellency be desired to give Orders for a scout of forty men between Kingston & Cochecho, with good officers to Command them, for securetye of our fron- tiers. By Order of the House of Representatives. Sam^^ Keais, Clerk. 5"> May, 1712. The Council unanimously Agrees to this vote. Cha. Story, Secretary. Adj'^ till to-morrow, 10 of the clock, ante merediem. [p. 418.] Province of New Hampshire. Att a Council and General Assembly held at portsmoutli, by Prorogation, on Tuesday, the 6"^ of May, 1712, ante merediem. His Excellency Joseph Dudley, Esq., Govern'', &c., Major Vaughan, "^ Sam" Penhallow, \ Nath" Wear, I John Plaisted, \ Esqrs. Robert Ellott, [ Esqrs. Mark Hunking, ) Rich'' Waldron, j To His Excellency, the Govern'', the Hon'''*' the Council and Representatives in General Court Assembled : The humble petition of Samuel Foulsham, Humbly Shew- eth, — That whereas your petitioner lives between the Bounds of the Town of Hampton and Portsmouth, in the province of New Hampshire, He is Rated by both of the said Towns, and has paid his province Rates to each Town, in 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 513 which case humbly craves your Exccll. and Honour's Re- liefe. Your Excellency and Honour's most Humble scrv', his Sam"y| Foulsham. mark. Upon Readmg this petition, — setting forth that the Constable of portsm" lias taken sixteen shillings for a province Rate for the year 1711, And the Constaljle of Hampton thirty-two shillings for sev- eral Rates the said year, both upon pretence of his being within the Bounds of their several i^recincts or Constables Rick,* Ordered, that the said Foulsham be hereby discharged from the payment of any tax to any of the said places for the future, untill this matter shall be settled. And the Govern'', Council and Assembly give order therein ; upon peril of any such Constable's suffering for his Contempt of this Order. Read in Council, the G'"" May, 1712. Cha: Story, Secretary. [p. 419.] And upon further Application of Elias Phil- brook, he having paid the Rates as aforesaid, being of the Same Circumstances, that he have the like Ijcnelitt of this Order with Samuel Foulsham, the petitioner. In Council, Cha : Story, Secretary. Read in the House of Representatives and voted, — That noe Rates are taken from the said Foulsliam and Philbrook by either of the Towns, untill the Bounds are sett. Sam" Keais, Clerk. Adj'^ till 3 o'clock, post merediem. * Jiic or rjc/v,— a district over wliicli government is exercised.— Web. Die. 33 514 PROVINCE OF NEW-HAMPSHIRE. [1712.* Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, on Tuesday, the 6"^ day of May, Anno Domini 1712, post merediem. Present, His Excellency Joseph Dudley, Esq., GoTcrn'', Major Vaughan, ) Sam" Penhallow, J Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. Nath" Wear, ) Mark Hunking, ) Timothy Gerrish (1) was sworn as a member of the House of Eepresentatives, and took the oaths appointed by Law, and subscribed the Test and DecP, &c. Ordered, that all Bills of Crcditt of this province, being any way Defaced, that may be made Certaine to be true Im- printed Bills, shall from time to time be changed by the Treasurer of this province. The Petition of Nath" Wear, on behalfe of himselfe and the Inhabitants [p. 420.] of the new parrish of Hampton, was read at this Board, and sent Down to the House of Representatives, in hgec verba sequen : To His Excellency Joseph Dudley, Esq., Goveni"" and Commander in Chiefe, and the Honourable the members of the Couucill in the province of New Hampsliire ; And the Members now sitting- in General Assembly. The Humble Address and petition of Nath" "\Veare, in behalfe of himselfe and diverse others, on y"" desire, who are Her Majes- ties Loyal and Dutifull Subjects belonging to the New parish at Hampton flails, Most Humbly sheweth, — That although wee are comed to a Good measure of settlem' through God's good i)rovidence among us, both to Church and Miuistry, to the Great Satisfaction of all as farr as wee know, (1 ) [From Journal of the House.] May etli. Upon ye death of 3Ir. Ezekiel Weutwortli. Capt. Timothy Gerrish was chosen a Representative from the Town of Dover, and Saml. Penhallow, Esq., came with Mr. Secretary Story, and gratifyed ye said Capt. Gerri.sh by administering the oaths, &c., appointed. And the sd. Capt. Timothy Gerrish is admitted a member accordingly. 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. " 515 And the Town in General, to Raise a tax for the support of cacli minister as by the said order may appear ; Yett there are several charges that doth arise that arc proper, particularly by those that belong to our parish, to be paid, as wood for to be provided for our minister, and fencing the parsonage Land, and for paying the schoolmaster, and several Charges that doth Rise relating to Min- ister and schooling, which cannot be equally discharged, or prom- ises justly performed, without a Tax on the Inhabitants in this parish. Wee therefor pray that wee may have liberty and power to con- vene the Inhabitants together that belong to this parish from time to time, to Consider and Agree about those things that are need- full as to the ministry and schooling ; And that wee may choose assessors among our Selves to be joyiied with the Select men that belong to our parish, to assess the estates of the Inhabitants be- longing to our parish, for the Defraying of all such charges as shall from time to time [p. 421.] Arise Relating to these Affaires, all being Concerned in this affaire that live westerly of the Line Returned by tlie Committee, and that such Taxes shall be col- lected and Gathered by the Constables from time to time, and I)aid according to Order of said assessors : all which as in your wisdom shall see meet. And your petiouers, as in Duty Bound, shall ever pray, &c. Nath" Wear. The aforesaid petition was sent l^ack from the House of Representatives to this Board, with the following Returne in licec verba sequen : Pro. N. Hampshr. Wee are humbly of opinion that the petitioner be Re- ferred to the General Town meeting of Hampton ; by order of— The House of Representatives. Sam'^ Keais, Clerk. The Council Consents to the Reference above and directs the Inhabitants of Hampton to proceed thereupon at next Town meeting and make a Returne to the next General Assembly of this Province. Cha: Story, Secretary. Adj'^ till tenn o'clock to-morrow morning. 516 PROVINCE OF NEW-HAMPSHIRE. [1712. [p. 422.] Proyiiice of New Hampshire. Att a Council and General Assembly held at Portsmouth, by adjournm*, on Wednesday, the 7*^ day of May, Anno Domini 1712. Present, His Excellency Joseph Dudley, Esq., Governour, &c., W° Yaughan, ) Sam^ Penhallow, J Nath" Wear, [ Esqrs. John Plaisted, V Esqrs. Eichard Waldron, ) Mark Hunking, ) The Petition of William Partridge, Relating to his being Grosly abused by Capt. Armstrong, was Read at this Board, in hsec verba sequens : To His Excellency Joseph Dudley, Esq., Capt. General and Com- mander in Cliiefc of Her Majestie's provinces of the Massachu- setts, New Hampshire, &c., and Vice Admiral of the same, and to the Honourable Her Majestie's Council : The Humble petition of AVilliam Partridge, Inhabitant and free- holder in the Town of portsmouth, in the province of Xew Hamp- shire, sheweth, — That your petitioner sometunc in October last past was in his own House, at which time one Cap* Armstrong with two of his men, forceably entred your petitioner's House, seized his per- son and forceably carried him on Board said Armstrong's vessell, there kept him several Dayes under pretence of your petitioner hav- ing a hand in Concealing or Convejing away one Rust, a soldier ; on Board said Armstrong Punished your petitioner at his pleasure, and forced liim to signe a writing, but what it was yo"^ petitioner know^eth not, save onely as is Reported that it was for Listing him a soldier; then Turned your petitioner on shoar ; But now said Armstrong is come hither againe and Demanded at your [p. 423.] Petitioner's House for Him : That your petitioner is under Great fear that the said Armstrong will do liim Injury, as at tii'st. Your petitioner doth therefore humbly pray Your Excellency's favor in this case soe farr as that your petitioner may be secured from such violent Actions of said Armstrong, and his person Pre- served in such manner as in yo"^ Excellency's Wisdom shall see meet. Soe prays your Excellency's most Humble servant, W" Partridge, Jun. 1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 517 111 Answer to this petition It is supposed by the Honour- able the Council, that noe person [?] will presume to take by force any of Her llajestie's Subjects out of this province. However, It is Ordered that the Justices and High Sher- iffe of this province take care that none of Her Majestie's said Subjects be taken or Carried away out of the said province without the Knowledge and Approbation of the Goverment, Agreeable to Law. Consented to in Council, Cha: Story, Secretary. Some proofs upon file relating to this petition. Adj'' to 3 o'clock, poste merediem. [p. 424.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth by adjourm*, on Wednesday the 7*^ of May, 1712, post merediem. Present, His Excellency Joseph Dudley, Esq., Govern"", "William Vaughan, ^ Sam" Penhallow, ) Nath" Weare, > Esqrs. John Plaisted, i Esqrs. Richard Waldron, ) Mark Hunkine;, \ These are to certifie that Salathiel Deiibow was Imprest for the Expedition to Canada last Summer. James Davis, Cap'. Dover, April 29'^ 1712. These are to certifie that Salathiel Denbow was wounded in her ]\Iajestie's service in the late expedition to Canada, having his thigh broke and a fracture in the skull. James Jaffrey, Cap'. Portsm° March 27'% 1712. 7"" May, 1712. Eead and Recommended to the Repre- sentatives for subsistance and satisfaction. Cha : Story, Secretary. 518 PEOTINCE OF NEW-HAMPSHIRE. [1712. Voted, That there be paid unto the said Salathiel Den- bow from the Treasury Tenn pounds for subsistance and satisfaction. P. order of the House of Representatives. Sam^^ Keais, Clerk. 7*^ May, 1712. Consented to by the Council. Cha : Story, Secretary. The following vote was sent upp from y° House of Repre- sentatives, in h£ec verba sequcn : Voted, That there be seven soldjers added to them at Her Majestie's fort at New Castle for the Summer Service. Past by the House. Sam^^ Keais, Clerk. 7"^ May, 1712. Consented to by the Council. Cha : Story, Secretary. Adj*^ till to-morrow morning 10 o'clock, ante merediem. [p. 425.] Provmce of New Hampshire. Att a Council and General Assembly held at Portsmouth, on Thursday, the 8^^ day of May, 1712, Ante Merediem. Present, W°^ Vaughan, ) Sam" Penhallow, ) NatW^ Wear, \ Esqrs. John Plaisted, V Esqrs. Rich^^ Waldron, ) Mark Hunking, ) The following note was sent down to the House of Rep- resentatives, in hp3C verba sequen : Upon a message of the House of Representatives Refus- ing to lay any dutyes of Impost upon Goods & Merchandize, The Council take leave to Represent to the Govern"" that they are very willing to come into any Act for the Estab- lishment of a just Impost upon the Trade of the province, as has been used in all past times, and as in force in all 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 519 other Her Majestie's Governments in America ; Tliereby to assist & ease the Land Tax, which is very heavy upon the Husbandry of the province, if it might be obtained ; And tliis tliey Judge to be their Duty to Her Majestic and all Her Majestie's Good Subjects within this province. Read in Comicil, 8'" May, 1712. Cha : Story, Secretary. The Petition of John Hinkes, Esq., was read at this Board Relating to an action Commenced ag* him by John Cross, and for money due to him from this province, &c., as on file,— Whereupon his Excellency the Govern'' was humbly de- sired in Council that nothing may be done In Answer to the said petition to stopp the proceedings of Law and Jus- tice ; there being Judgement ag' the petitioner, In Her Majestie's Inferio'' [p. 42G.] Court of Common pleas in this Province, and that the Committee of publick acc*^ re- ceive any Challenge of Debt upon the province, from the petitioner, and to Report the same to the General AsscmUy. Sent down to the Representatives for Concurrence. In Council, Cha : Story, Secretary. Read in the House of Representatives and Concurr'' with the Council's Opinion. Sam" Keais, Clerk. Adj"* till to-morrow morning, 10 of the clock, ante mere- diem : 520 PROVINCE OP NEW-HAMPSHIRE. [1712. Province of New Hampshire. Att a Council and General Assembly held by adj^ at Portsmouth, on Friday, the ninth day of May, 1712, ante mere- diem. Present, His Excellency the Governour, TV"" A'aughan, ) Sam" Penhallow, ) Nath^ Wear, [ Esqs. Jn'' Plaisted, [ Esqs. Rich'' Waklron, ) Mark Hunking, ) The following petition was read at this Board, in hose verba Sequen : To Ills Excellency Joseph Dudley, Esq., Ccq^t. General and Gov- ernour in Chiefe, in and over Her Majesties provinces of the Ilassachusetts and New Hampshire, <6c., and to the Honourable the Council noiv sitting at Portsmouth, together with the Bep- i^esentatives in General Assembly: The Humble petition of the Poor Inhabitants of the Townsliipp of Kingstown witliin said pro\'ince of New Hampshire, Sheweth, Whereas, the Inliabitants of tlie Said Town have hitlierto on ace' of tlie Warr been cleared from all publick charge, and the enemy now insults us as much [p. -427.] as ever, and there now be- ing a Rei^resentative required of us, our circumstances being in a \Qv\ Low Condition, and the enemy like to be as troublesome as ever they have been: Yo"" Petitioners therefor humbly prays yo"^ Excellency and the Honourable the Council, that wee may as yett stand on the Estab- lislmient wee did before, till such time as your j)etitioners are better able ; Wee humbly submitting our selves to what your Ex- cellency and the Honourable the Council shall Judge meet. Soe prays yo"" humble Petitioners, Jon^ Sanburn, In behalfe of the Town. Upon Reading this petition. The Council Declares that they are very sensible of the good service of the Inhab- itants of Kingstown and the hardshipp they labour un- der in and shall use all methods for their Encouragement. And therefor Recommend to the Representatives the prayer of being eased of the present tax and of the at- 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 621 teiidancG of a Representative During the present Distress untill further order. Read In Council. Clia : Story, Secretary. Pro": N. Hampshire. Voted, That the town of Kingstown be excused from sending a Representative & paying any part of tlie prov- ince charge for the present year, provided they assist the scouts with pilots at their own charge whenever required. May T\ Pr. order of the House. Sam*^ Keais, clerk. Consented to by the Council. Cha : Story, Secretary. Adj'^ to 3 o'clock, post merediem. [p. 428.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth by adj' on Friday, the 9^^ day of May, 1712, post mere- diem. Present, His Excellency Joseph Dudley, Esq., Governour, W™ Vaughan, J Sam" Penhallow, ) Nath^ Wear, [ Esqs. John Plaisted, S Esqs. Rich'^ Waldron, ) Mark Hunking, ) The following Petition was read at this Board, in hcec verba sequen : To his Excellency the Governoicr, the Honourable the Council, and Bepresentatives in General Court assembled: The humble petition of Edward Toogood, Robert Almery, Ed- ward polly and Roger Swaine Humbly sheweth, — That whereas your petitioners did each of us, by order and command of the authority in y^ place, take care to Dyett, Lodge, JSTurse and provide for sundry sick and weak men cast away at Boon Island and brought liither in December or January, 1710-11, whom wee did with much Trouble and paiues look after until 522 PROVINCE OF NEW-HAMPSHIRE. [1712. tliey were in some ineasure Kecovered and wei-e discharged by the said Authority, for which wee were i)romised Good satisfaction, but as yet, altho' wee have already made application to the last General Assembly wee cann obtaine noe beliefe or Satisfaction ; We therefore now humbly Renew our Addresses to your Ex- cellency and Honours, that our Accounts may be perused and al- lowed, and what reasonable satisfaction you shall see meet may be made us. Wee are Yo"' Excellency's and Honours most humble serv'% Edward Toogood, Rob'. Almery, Edward Poliy, Roger Swaiue. [p. 429.] The aforesaid petition was read in Council & Recommended to the Representatives for payment, least the Government be Reflected upon for neglect of the puLlick charitys to distressed persons of our own nation. Cha : Story, Secretary. The following vote was sent upp from the House of Rep- resentatives, viz : Province of New Hampshire. Voted, That his Excellency be desired to allow there may be a Breife* in the several parishes, within this province, for the satisfieing the persons who took care of the men lu'onght from Boon Island hj the Christian Charity of the people of the said parishes. May 9"\ Past by the House of Representatives. Sam" Keais, Clerk. Consented to by the Council. Cha: Story, Secretary. Voted, That every minister called and Qualified accord- *Brief,—% letter-patent, from proper authority, autliorizing a charitable collection, &,<^.— Web. Die. 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 523 ing to the Law of the province shall at all times have a serv' free from any Impress. Sam' Keais, Clerk. By order of the house of Representatives. Sam' Keais, Clerk. Consented to hy the Council. Cha : Story, Secretary. Adj'' till to-morrow morning, 10 of the Clock. [p. 430.] Province of New Hampshire. Att a Councill and General Assembly held at Portsmouth l)y adjournm', on Saturday, the 10"' of May, 1712, ante merediem. Present, His Excellency Joseph Dudley, Esq., Govern'", W™Vauglian, ) Sam" Pcnhallow, ) Nath' Weare, > Esqs. John Plaisted, > Esqs. Richard AValdron, ) Mark Hunking, ) Province of New HamiDsli"". To His Excellency the Governor and ITon'ble the Council now sitting at Portsmouth: I had the Honour of commandmg the soldjers at the fort W° and Mary last year, during- which time, according to your Excel- lency's directions, the men were often clianged from eight to forty, and by the request of the Commanders from whence they came, and the ease to the people, they were shifted some a week and some two, as you may see by the muster Roll, some longer; and those men coming from Tenu Companyes, shifting almost every one at different dayes, caused me continual Trouble, When I put in the muster Roll I put an article of Double SentinaFs pay for my service, wliich was thought fitt by the Committee as their Ee- turne will manifest, but Referred to the General Assembly by reason as is thereon mentioned. However, when it came to the House of Representatives they thought it too much; I then desired they would allow me thirty pounds wh'='' is but four pounds more than the meanest Sentinel Receives from the Treasury, which not being allowed causeth my 524 PROVINCE OF NEW-HAMPSHIRE. [1712. troubling yC Excellency and Honours for yo'^ oijinion In the mat- ter; [p. 431.] and if my request of thirty pounds be thought too much I shall humbly submitt to what you order, and crave leave to subscribe yo'' Excellency and Hon" humble servant, Theo. Attkinsou. Read in Council the 10"' May, 1712. The Council are of opinion that Mr. Attkinson's demand is very reasonable, and Recommended to the Representa- tives accordingly ; And the Council are very sorry the province is not able to give him Lieutenant's pay, as he well deserves. Cha. Story, Secretary. The House Concurr in the Allowance of thirty pounds to Theodore Attkinson, Esq.,"for service at the fort W™ and Mary. May 10'\ Per Order of the House, Sam" Keais, Clerk. The two following votes was sent npp to this Board from the House of Representatives, viz : Forasmuch as Ignorance, ill manners and Irrcligion are propagated by many parents & masters by neglecting to In- struct youth under their care, &c. ; It shall be LawfuU for the select men, with a Justice of the peace, to Examine all youth of Tenn years of Age whether they have been taught to Read, and all which cannot Read at said Age, to binde out to good masters, who shall be oblidged to Learn them to Read a]id Write, till they shall be of Age, (fee. 10"^ May, 1712. Voted in the House of Representatives. Sam" Keais, Clerk. Consented to by the Council. Cha. Story, Secretary. [p. 432.] That whosoever shall Refuse or Disobey the Orders of his Officer in Repairing to and doing his Duty at the Garrison to which he is appointed, or neglect any ser- 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 525 vice ill scenting or marching, for wliicli he is Impressed or Commanded by his Captaine, shall be forthwith sent down to Her Majestie's fort W'^ and Mary, there to serve tenn dayes, and soe much Longer, Untill the Charges accrewing by his disobedience be paid, And the Commanders of the fort shall receive them and Improve them accordingly. 10"' May, 1712. Voted in the House of Representatives. Sam" Keais, Clerk. Consented to by the Council. Cha. Story, Secretary. The Committee's Report about the publick Debts of the province, with the Representatives' allowance thereupon, was read at this Board, in liaic verba sequen : [p. 433.] Province of New Hampshire. Att a Committee for Auditing the pub- lick Ace'* of the province, held at Portsm'', the 17*^ Dec'"', 1711. Present, Robert Elliot, ^ Theodore Attkinson, '\ John Plaisted, > Esqrs. Joseph Smith, > Esqrs. Mark Hunking, ) Mr. George Jaffrey, ) Mr. Treasurer Penhallow, Ace* No. (1), for 1710 & 1711, was distinctly read and his voucher pro- duced, Allowed and approved of, and ballance due to the said Treasurer, 9 : 2 : 9 Adj'Hill to-morrow morning, tenn of the clock, ante merediem. Mett accordingly, and present as aliove. Mr. Treasurer Penhallow's Accts. about the Canada Expedition, No. (2), Am° to 1001: 0: 10, Al- lowed and approved of, Excepting 1 : 13 : 8, soc there Remaines due to the said Treasurer, 999 : 7 : 2 Adj'' till Monday, the 7"' January next. 526 PROVINCE OF NEW-HAMPSHIRE. [1712. Mett accordingly, and all present as above. Mr. Treasurer's Acc'% No. (3) , for Subsisting of Sold- jers at Her Majestie's fort, Anno 1711, Allow*^, 91 : 4: 6 1099: 14: 5 Adj** till to-morrow morning, 10 of the clock. [p. 434.] Province of New Hampshire. Att a Committee for Auditing the pnblick accts., held at portsm** by adjournment, on Thursday the 27''' March, 1712. Present, Robert Elliot, ) Theodore Attkinson, ) John Plaisted, > Esqrs. Joseph Smith, > Esqrs. Mark Hunking, ) M"" George Jaffrey, ) Brought over, 1099 : 14 : 5 4. Colonel Shadracli Walton's muster Roll, Refer<^ to the General Assembly, v^ith the postage Bill, 323 : : 6. James JafTrey's Muster Roll, with the postage Bill referred to the General Assembly, 310:17: 7 6. Dr. Ellis, his Acct., No. (6), Referrd to the Gen- eral Assembly, about the charge of sick Sold- jers of New Hampshire. 7. Major Joseph Smith's Accts., about postage, allow'^, 16: 4: 9. Mr. Fellows' Acct., about Expences of the Com- mittee, 3: 6: 5 9. Mrs. Elizabeth Harvey's Acct. about Expences of the Governour, Council, &c.. Allowed, IG : 5: 10 10. Alexander Miller's Ace', about postage, &c.. Al- io w^ 10: 11: G Adj'^ till the 8"^ of April next, 10 o'clock, ante meredicm. Mett accordingly, and adj'^ till the 29'^ of April, 1712. 11. James Rendal's Acc'^ Referr^ to the Assembly, Allows 1: 4: 1781: 3: 9 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 527 [p. 435.] Province of New Hampshire. Att a Committee for xViiditing the publick Ace'' of the Province held at Portsm**, on Monday the fifth of May, 1712. Present, Robert Elliot, J Theodore Attkinson, J John Plaisted, > Esqrs. Joseph Smith, > Esqrs. Mark Hunking, ) Mr. George Jaffrey, ) Brought over, 1781 : 3 : 9 12. Theodore Attkinson, Esq., his muster Roll, about the fort W™ and Mary, Anno 1711. All the Ar- ticles in the said Master Roll allow'^, Excei^ting- the last Article, Relating to Mr. Attkinson, which is thought Reasonable by the Committee, but Referr'i to the General Assembly, there be- ing Noe Establishment, 321 : : 13. Mr. Secretary Story's Acct., Allow'^ forty pounds in full thereof, iO: 0: 14. Colonel Walton's Debenter, about his pay in the two Expeditions, one to Port Royal the other to Canada, allowed, 11 : : 15. Sam" Penhallow, Esq., his General Ace' of pro- visions, Referr'' to the General Assembly. 16. Colonel Packer's Ace', about Boon Island Sailors, that were brought otf there almost starved and froze to death, Referr*^ to the General Assembly. 17. Roger Swaine's Accts., Relating to Ditto, Referr'^ to the General Assembly. 18. Robert Almory, his Accts. Ditto, Referr'^ to the General Assembly. 19. Edward Toogood, his Accts. Ditto, Referr"^ as above. 20. Colonel Packer's Acct., about entertaining the Lieut. Governotir, Council, &c., Allow'^, 18: 11: 11 21. Thomas Phipps, Esq., High Sheriffe, his Accts. for attending upon the Govern'' and Council and summoning the Council, &c., Alio w^, 10: 0: 2187: 15: 8 528 PEOVINCE OF NEW-HAMPSHIRE. [1712. [p. 4,jC.] Edward Polly, his Acct. relating- to Sail- ors brought from Boon Island, almost perished, Eeferr'^ to the General Assembly. Capt. William Fepperel's Accts., relating to the Joanna Transports, Eeferr'^ to the Gen" As- sembly. Samuel Penhallow, Esq., his accts. of Disburse- ments, allow^ 190: 2:10 Colonel Walton's Muster Roll upon a late Expedi- tion Eastw-i, Referr'' to the Assembly, 49 : 19 : Capt. Gilman's Muster Roll, alloAvS .5: 3: Major Smith's Acct. about 2 Soldiers at Colonel Hilton's Garrison, 7 : 4 : 6th May, 1712. Wee, whose names are hereunto subscribed, having perus- ed all the Accts. before mentioned and well considered the same, doc iindc justly due to each person the several sumes sett opposite to their names and n" of each man's Debenter, and other accts. and muster Rolls, whose sumes are not sett opposite as aforesaid, are Referr'^ to the General As- sembly. 23 Robert Elliot, John Plaisted, Mark Hunkinsr. 28. 29. 30. 31. 32. 33. Joseph Smith, Theodore Attkinson, Geo. Jaffrey, Benjamin Akerman, for his Attendance on the Council and Assembly, Selathiel Denbo, pr order of the General Assem- bly, for his being wounded in Her Maj''^^ Ser\ice, Capt. Wincal's portlidge* Bill, allow"^, Clement Deerings, portlidge Bill, allow"^, [p. 437.] Roger Swaine, for Dyettiug Soldjers, Allowed to Abraham Remmick more than what he is allow*^ in the Muster Roll for Iris wages, 5: 0: 10 81 2 2 45 15 6 8 2 2584: 10: 2 * Portage ?— a carrying place over land between navigable waters. 1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 529 The foregoing Acc'^ am" to two thousand five hundred eighty-four pounds, tenn shillings and two pence, allowed by the House of Representatives. P. order of the House, May 10th, 1712. Sam^ Keais, Clerk. May 10th, 1712. This Returne of the Committee with the allowance of the General Assembly, being read at this Board, was consented to by the Council, who desire the Goverm' to Issue out warrants to the Treasurer for the payment of each person the several Sumes allow'' them out of the Treasury accordingly. Cha. Story, Secretary. The following vote was sent to this Board, in ha?c verba sequen : The Returne of the Committee in May, 1710, allowed to Major W™ Yaughan two hundred pounds, provided Colonel Partridge make it appeare to the General xissem])ly that he did not receive that sume fjr or on Ace' of the said Major Yaughan. Yoted, That on the Certificate of Colonel Partridge that he hath not Received the [p. 438.] aforesaid sume fur Major Yaughan, that the said Major Yaughan shall be paid two hundred pounds out of the first money that comes into the Treasury, after the Debts this day allowed to be Dew are paid. May 10th, 1712. P. order of the House, Sam" Keais, Clerk. Read at the Council Board, Eodem die, and consented to by the Council, nemine contradicente. Cha. Story, Secretary. 84 530 PROVINCE OF NEW-HAMPSHIRE. [1712. [p. 439.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth, the 9tli day of October, 1712. Present, His Excellency Joseph Dudley, Esq., Governour, Major Yaughan, ) y John Plaistcd, ) ^ Sam"Penhallow, \ ^^^^^' Mark Hunking, j ^^'1''^' John Wentworth, Esq. Mr Secretary Story was sent as a Message to the House of Representatives to call them to this Board, who accord- ingly came, and his Excellency was pleased to make the foil, speech, in hscc verba sequen : Portsm", 9tli October, 1712. Gentlemen, — I am glad to meet you after soe difficult a summer, wlierein -u'GC Ixave had soe mauy Inroads of the enemy, of all sides, by which notwithstanding v^^ee have suftered soe little loss. I am sensible of the Great Deligence of the oificers and faitli- full service of the scouts & parties at all times abroad, for which I doubt not of j'our care in their payment, as well as to lett them know that their service has been very acceptable to the Govern- ment. I cann alsoe assure you that wee are riot forgotten at Home ; Her Majestic, in Her i)rincely AYisdom and care for Her good sub- jects in the provinces of North America, has bi'onght forward a peace with France, upon sucli Honorable and Advantageous Ar- ticles that will in all parts of the world, where [f. 4-10.] Brittaines Dwell, Demonstrate Her Majestie's superior Interest and power in the Govermeut and Decision of the Aftaires of Europe, which wee are in Expectation to Eeceive, and will bring us the Blessings of peace which CA^ery good man will have the joy of. Colonel Eednapp, Her Majestie's Engineer, lays before you the Eepaire and work at her Maj'''=" fort William and Mary, in which I am well assured of his good Husbandry, And think it best that the Committee of those works make their visitt there and Eeport o you, with Colonel Keduapp, what is Remaining necessary to bo done. Mr. Treasurer will give you the present state of your Debts aud what is necessary. 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 531 You will bring forward such affiiirs of the Govcrnmeut as arc before you, iu which I shall not be wanting to doe my duty to Her Majestic and all Her good subjects within this Goveruieut. Adj'' till 3 o'clock, post merediem. Mett accordingly and adj'^ till to morrow 10 of the clock, ante merediem. [p. 441.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, the 10th October, 1712. Present, His Excellency Joseph Dudley, Esq., Governour, Peter Coffin, ) -^ Robert Elliot, } -p Major Vaughan, \ ^^^''^- Sam' Pcnhallow, j ^'^^^^^• Theodore Attkinson, Esq., one of the members of the House of Representatives, brought to this Board an answer to his Excellency the Governor's speech, in ha3c verba sequen : Portsm'^, October 10th, 1712. May it please yo'r Excellency, — Wee are glad to see your Excellency here with the welcome news of an approaching happy peace, and are thankfull to the otficers for their taithfull and diligent Attendance on the scouts this summer, and shall take care for their payment soe soon as their Muster Rolls shall be allowed of. Wee are very well satisfied with Colonel Rednapp's Ace' of his frugally Disposing of the mony for the seiwice of Her Majestie's fort W" and Mary, and shall appointe a Committee of our House to Joyne with that of the Council to view the works and Report what is further necessary to be done. Wee shall consider of the state of the province and take care to Raise mony to pay the Debts, and shall with all Diligence forward the aflliii-s of the province that are now depending. By order of the House, Sam' Keais, Clerk. • [p. 442.] The petition of Richard Sleper was read at this Board as upon file ; and an answer given to it. Mr. Treasurer Peuhallow's Ace' of powder, stated to the 532 PROVINCE OF NEW-HAMPSHIIIE. [1712. 24th of June, 1712, was delivered to this Board and allow- ed of as on file. Adj'^ till to morrow mornings 10 of the clock. Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, the 11"' day of October, 1712. Present, His Excellency Joseph Dudley, Esq., Govern'', etc., Peter Coffin, "^i Robert Elliot, "^ W" Yaughan, I ^ Sam'^ Penhallow, I ^ Rich^ Waldron, ^ ^^qis. j^hn Plaisted, > ^'^^'^' John Wentworth, J Mark Hunking, J The certificate of Colonel W°' Partridge relating to two hundred pounds allow'^ Major W™ Vaughan for Agency by the Committee for Auditing the publick Accts., etc., was read at this Board and Approved of, and sent to the House of Representatives, who allowed of the said Certificate. Ordered that his Excellency be desired to issue forth a warrant to the Treasurer for payment of the said two hun- dred pounds. Province of \ New Hampshire. \ These may Certifie whom it may Concerne, that the Two hundred pounds allow'^ to Major W" Yaughan of the prov- ince [p. 443.] of New Hampshire aforesaid, for Agency, as appears by the Committee's Report, Returne for Auditing the publick Accounts, in May, 1711, was never Received by me of the Goverment of the said province, nor paid by me to the said Major Yaughan, — as wittness my hand the 13^"^ day of August, Anno Domini 1712. W" Partridge. October 11"\ 1712. This Certificate allowed of by the House. Sam" Keais, Clerk. 1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 533 Upon Consideration of the state of the Province, wee finde that Considerable snms will be quickly due. Voted, That the thousand pounds that is to be paid into the Treasury in December next be Repeated, and that there be an Impression of five hundred pounds in Bills of Creditt by the first of March next, for the payment of such Debts as shall be allowed of by the Committee for Auditing the province Acc*% and Approved by the General Assembly. October 12'% 1712. P. order, Sam" Keais, Clerk. Eichard Waldron, Sam" Pcnhallow, John Plaisted, Mark Hunking, John Wentworth and Geo. Vaughan, or any three of them, are appointed a standing Committee Referring to Her Majestie's Stores of Warr in the Province, and are directed to view and survey all the powder and sliott and Arms, Great & Small, and other utensills belonging to the Stores, once [p. 444.] in six months at least, and to weigh the powder and give account thereof and of their survey to the Governour from time to time. Att a Conference with the Representatives the Governour earnestly Recommended to the Representatives the Estab- lishment of Impost, which was last year Refused, And that the people of the province that are the Terr-tennants might thereby be eased in their taxes. Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, the 13*'^ October, 1712. Present, His Excellency Joseph Dudley, Esq., Governour, W™ Vaughan, J Sam" Penhallow, ] Robert Elliot, > Esqrs. John Plaisted, i Esqrs. Richard Waldron, ) Mark Hunking, ) Ordered, that the Committee for Inspecting Her Majes- 534 PROVINCE OF NEW-HAMPSHIRE. [1712. tie's Stores of Warr, Small Arms, &c., be notified to attend his Excellency the Governour to Her Majestie's fort W™ and Mary, to-morrow morning, to view such stores of warr, small arms, &c.. And to see what Repaires is neces- sary to be done. Ordered, that Mark Hunting, Esq., be one of the Jus- tices of Her Majestie's Superior Court of Judicature within this Her Majestie's Province, and that a commission be made for him accordingly. Adj'^ to Wednesday the 15"' Curr*, 10 of the clock, ante merediem. [p. 445.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, the 15"' October, 1712. Present, His Excellency Joseph Dudley, Esq., Governour, Major W"' Vaughan, ) Sam'^ PenhalloAV, J Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. Richard Waldron, ) Mark Hunking, ) John Wentworth, Esq. The petition of the Inhabitants of Hampton Falls relat- ing to a school was read, all parties being present. Determination on back side of the petition. The several Acts following having been three several times read and passed both Houses, were Consented to by his Excellency, and by him signed accordingly : An Act for Repeating one thousand pounds. An Act for making and Emitting a farther sume of Bills of Creditt. An Act to Impower the Guardians of Mr. John Cutt (Infra etatem*) to sell part of his Estate for Improvement of the Remainder and payment of Debts. Prorouged to the 11"' February next. * Under age, a minor. 1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 535 Mett accordingly, and prorouged to the 18*^' March next. Mett accordingly, and prorouged to the 15"' Apr" next. Mett accordingly, and adj'' to the 17"' April following. Mett accordingly, and Prorouged to the 2-3'^ Curr* (1). Mett accordingly, and adj'' to the 24 Curr'. Mett accordingly, and Prorouged to the 8*^ of May next. Mett accordingly, and adj'' to the 9"' May Curr'. [p. 446.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, by adjournm', the 9"' day of May, Anno Domini 1713. Present, Major W'" Yaughan, ^ Sam" Penhallow, ^ Eobert Elliot, > Esqrs. John Plaisted, V Esqrs. Richard Waldron, ) Mark Hunking, ) The returne of the committee for Auditing the publick Accts. of this province was read at this Board, in hoec verba scquen : (1) [From Journal of the House.] Copj- of a Letter from ye Governor. Boston, 20tli Apl., 1713. Gentlemen, — Mr. Secretary Story by this Post acquaints me of ye adjournment of ye Assembly to Thirsilay, ye 13tli Inst. Tlie last session of ye Assembly left a Comittee standing to adjust ye Province debts, -nbich I presume have accordingly proceeded ; And if tbese Accts. be past thro', I tben direct the Assembly to sett Thirsday and Fryday, if need be, to agree and pass the Keturn of ye said Comittee by ye Kepresentatives and ye Council if it can be then finished ; and from Fryday evening I do hereby prorogue ye General Assembly to Wed'sday the 13th of May ne.vt. Given under my hand, J. Dudley. Communicate this Letter to ye Representatives. It will be very pleasing to me that ye Debts of ye Prov. be adjusted, that we may know what we one [own], that a happy Peace may make us Easy. To Mr. Sec'y Story. 536 PROVINCE OF NEW-HAMPSHIRE. [1712. Province of New Hampshire. Att a Committee appointed for Audit- ing the piiblick Accounts of this prov- ince, held at Portsmouth, the 19"' of November, Anno Domini 1712. Present, Robert Elliot, ] Joseph Smith, 1 John Plaisted, > Esqrs. Theodore Attkinson, > Esqrs. Mark Hunking, ) George Jaffrey, ) * Cha : Story, Secretary. Adj^' till the 24"' Curr*. Mett accordingly, present as before. No 1. LBS. S. D. Capt. Nicholas Gilmau's Muster Eoll not allowed 2. Capt. Mcliolas Gilmau's Muster Roll, allow*^ 3. Capt. John Gilmau's l^.Iuster Roll, uot allow*^. 4. Capt. John Gilmau's Muster Roll, allowed 5. Capt. Wingetfs Muster Roll, allow'^ . G. Major Joseph Smith, Muster Roll, allow'^ 7. Major Joseph Smith, Ditto, allow*^ 8. Major Joseph Smith, Ditto, allow"^ 9. Capt. Green's Muster Roll, allow"^ 10. lasigne Mathews' Muster Roll, allow*^ 11. Major Smith's Muster Roll, allow'i 12. Insigue Dtlathews' Muster Roll, allow"^ 13. Capt. Green's Muster Roll, allow*^ 14. [p. 4^7.] Capt. Sam" AVeeks' ditto, allow*! 15. Capt. Tippetts' Ditto, Referr"! to the Assembly. 16. Major Smith's Account about postage, allow* 17. Capt. Gerrish's Muster Roll, Referr Esqrs. John Plaisted, > Esqrs. Nath' Wear, ) :Mark Hunking, ) John Wentworth, Esq. Ordered, that Rich'' V^aldron and John Wentworth, Esqs., and the Reverend Nathn" Rogers be a Committee to take care of procuring a school Ma"" for the Town of portsmouth forthwith, to serve according to the Act of the General As- sembly, already past ; And to Agree with him according to the Establishment in the said Act mentioned, and to make Report at the next sitting of the Govern'" and Council. The Assembly's answer to His Excellency's speech, in hsec verba sequen : ' Wee are glad to see yo'' Excellency Here with the wel- come news of peace. Hope your Excellency will take such measures with the Sachems now attending you, that our frontiers may be quietly settled without any danger. Wee have several Laws before us. Returned by the Com- mittee appointed for Revising them, under consideration ; alsoe how to finde a proper way for Raising money on the Trading part of the Government to Ease the Land Tax thereof. [p. 453.] Wee are Humbly of opinion that an address may be proper after a proclamation of peace, (1) but shall ob- serve your Excellency's directions therein, and shall al- (1) [From Journal of the House.] July 14th. Voted, That Theodore Atkison, Esq., & George Jaffrey be a Committee to joyne with ye Committee of ye Upper Houee to draw up a Congratulatory Address to ye Queen upon ye news of the Peace. ■ *» 542 PROVINCE OF NEW-HAMPSHIRE. [1713. ways endeavour to observe our Duty as Loyal Subjects to Her Majestic. Voted July 14'^ 1713. Sam" Keais, Clerk. Ordered, that Mr. Treasurer Penhallow take care to pro- vide for the Gentlemen Comm'"^ that are appointed by his Excellency out of the Goverment of the Massachusetts and this province, who are going to Cascoe fort to the Eastward to publish the Articles of Eatification of peace w^ith the In- dians, with all such provisions, wines, Liquors, and other necessaryes as may be proper, and that the Treasurer keep a just and true account of the same in order to be laid be- fore his Excellency and General Assembly in the Massa- chusetts Government, that they may justly pay their pro- portion to the charge thereof. Adj'' till ten of the clock to-morrow, ante merediem. [p. 454.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth on Wednesday, the 15"' July, Anno Domini 1713. Present, His Excellency Joseph Dudley, Esq., Governour, Peter Coffin, ^ W™ Vaughan, ! p Richard Waldron, ) Nath" Wear, ( ^^^^'^' Jn" Plaisted, [ Esqrs. Robert Elliot, J Mark Hunking, ) A Bill relating to a Trade with the Indians was sent Down to the House of Representatives. The Articles of Pacification with the Indians was sent by his Excellency the Govern'^ Order to the House of Rep- resentatives to be their Read and Communicated to them by Mr. Secretary Story, which accordingly Avas done, and the House of Representatives were all well satisfied with the said Articles and returned his Excellency thanks for the same. 1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 643 * Art ides of Pacijicatlon. [Copied from Penhallow's Indian Wars, 18mo., 1726.] '' AVlioreas for some years last past, we have made abroach of our Fidelity and Loyalty to tlie Crown of Great Britain, and have made open Rebellion against her Majesty's subjects, the English, inhabiting the ISEassachusctts, New Hampshire and other her Majesty's Territories in New England; and being now sensible of the miseries which we and our People are reduced unto thereby : " We, whose names are hereunto subscribed, being delegates of all the Indians belonging to Norridgwalk, Narahamegock, "Amase- contee, Pigwackct, Penacook, Pivers of St. Johns and Merri- mack, parts of her ^Majesty's Provinces of the Massachusetts Bay and Xew Hampshire, within her Majesty's Sovereignty, liaving made application to his Excellency Joseph Dudley, Esq. j Captain- General and Governour-in-Chief in and over the said Provinces, that the troubles which we have unhappily rais'd Or Occasioned Agaiust her Majesty's subjects, the English, and our selves may cease and have an end ; and that we may again enjoy her Maj- esty's gi'ace and favour: And each of us respectively for ourselves, and in the names and with the free consent of all the Indians be- longing to the several places and rivers aforesaid, and all other Indians within the said Provinces of the JNIassachusetts Bay and New Hampshire hereby Acknowledging ourselves the lawful sub- jects of our Sovereign Lady Queen Anne, and promising our hearty subinission and Obedience to the Crown of Great Britain, do sol- emnly Covenant, Promise and Agree with the said Joseph Dudley, Governour, and all such as shall be hereafter in the place of Cap- tain-General and Governour-in-Chief of the said Pi-ovinccs and Territories on her Majestie's behalf, inform following: That is to sny, — That at all times forever, from and after the date of these presents, we will cease and forbear all Acts of Hostility to- Avards all the subjects of Great Britain, and not otier the least hurt or violence to them or any of them in their persons and estates ; but will henceforth hold and maintain a tirm and constant Amity and Friendship with all the English, and will never entertain any treasonable conspiracy with any other Nation to their disturbance : That her Majesty's subjects, the English, shall and may quietly and peaceably enter upon, improve and forever enjoy all and singular, the Rights of Land and former Settlements, "Properties and Pos- sessions within the Eastern parts of said Provinces of Massachu- setts Bay and New Hampshire, together with the Islands, Inlets, Shores, Beaches, and Fishery within the same, without any mo- lestation or claim by us or any other Indians; and be \\\ no" wise molested or disturbed therein; saving unto the Indians their own Ground, and free liberty of hunting, tisliing, fowling, and all other lawful liberties and priviledges, as on the eleventh day of August, in the year of our Lord, One thousand six hundred and ninety- three : That for mutual safety and benefit, all trade and Connnerce which here after may be allowed betwixt the English and the In- dians, shall be Only in such Places, and under such management *[See Prov. Records, Vol. II, p. 656.] 544 PROVINCE OF NEW-HAMPSHIRE. [1713. and regulation as shall be stated by her Majesty's Government of the said Provinces respectively. *' And to prevent niischiele and inconveniences, the Indians shall not be allowed for tlie present, or until they have liberty from the respective Governments, to come near unto any English Planta- tions or settlements on this side of Saco river. " That if any controversy or difference happen hereafter, to and betwixt any of the English and the Indians for any real or sup- posed wrong or injury done on the one side or the other, no private Revenge shall be taken by the Indians for the same, but proper application shall be made to her Majesty's Governments upon the place for remedy thereof in due course of Justice; We hereby sub- mitting ourselves to be ruled and governed by her Majesty's Laws, and desire to have the protection and ])enclit of the same. " We confess that we have, contraiy to all Faith and Justice, broken our Articles with Sir William Piiip*, Govci-nor in the the vear of our Lord God 1G93, and with the Earl of Bellomontin the year 1G99. " And the assurance we gave to his Excellency Joseph Dudley, Esq., in the year of our Lord God, 170^', in the month of August, and 17U8 in the month of July, notwithstanding we have been well treated by the said Governors ; but we resolve for the future not to be drawn into any i^erlidious Treaty or correspondence to the hurt of any of her Majesty's subjects of tlie Crown of Great Britain ; And if we knoAV any such, we will seasonably reveal it to the English. " Wherefore, we whose Names are hereunto subscribed, dele- gates to the several Tribes of Indians belonging to the river of Kennebeck, Amei-iscoggin, St. Johns, Saco, Merrimack, and the parts adjacent, being sensible of our great Offence and folly in not complying with the aforesaid Submission and Agreements, and also the sutierings and ]SIischiefs that we have thereby (^xposed ourselves unto, do in all humble and submissive manner, Cast our- selves upon her Majesty for mercy, and pardon for all our past Re- bellions, hostilities and violations of our b'romises; praying to be received unto her Majesty's grace and favour. " And for and on behalf of ourselves, and all other the Indians belonging to the several Rivers and places aforesaid, witliin the Sovereignty of her Majesty of Great Britain, do again acknowl- edge and confess our hearty and sincere Obedience unto the Crown of Gi'eat Britain, aiul do solemnly renew and confirm all and every of the Articles and Agreements contained in the former and pres- ent Submission. " This Treaty to be humbly laid before her Majesty for her Rat- ification and further Order. '' In Witness whereof, we the Delegates aforesaid, by name luzebenuit, Iteansis and Jackoid for Penobscot; Joseph and u^neasioY St. Johns ; Warrueensit, Wadacanaquin oaxA Bombazeen 1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 545 for Kcniiebeck,liave licreunto set our hands and seals this 13"> day of Julv, 1713. Signed, sealed and delivered in the presence ot us. Edmund Quinsey, Spencer Fhips, — Wm. Dudley, Signum ItA'.A Kirebenuit. Shad. Walton, Josiah Wilkird, Signum ^^ --^r ■^Yarraeensitt. Siffnum Bomazcen. Sifi'num Wadacanaquiu. Signum ^neas. Siffnum* Iteansif teignum Jackoid. Signum Joseph. Province of New Hampshire. The Submission & Pacification of the Eastern Indians was made and done the thirteenth Day of Juh', 1713, Annoque Kegni Regi- nre nunc Magnje Britaniaj duodecimo. Present, — his Excellency Joseph Dudley, Esq., Captain-Gen- eral and Governour-in-Chief, in and over her Majesty's Provinces of Massachusetts Bay and New Hampsliire, in New England, and Vice Admiral of the same. 35 546 PROVINCE OP NEW-HAMPSHIRE. [1713. Counsellors of the JIassachusetts, & of I^ew Hampsliire. Samuel ScTrall,^ Jonathan Corwin, Penn Townsencl, John Appletou, John Higginson, Andrew Belcher, Thomas Xoyes, Samuel Appletou, Ichabod Plaisted, Jolui Wheelwright, Beujamiu Lyude, > Esqrs. Will. Vaughan, Peter Coffin, Eobert Elliott, Nathan. AVear, Sam. Penliallovv', John Plaisted, INIark Hunking-, John Wentworth, Esqrs. Penhallow says : "For a further Eatification of this Treaty, sev- eral Gentlemen of both Goveruments went from Portsmouth to Casco, where a great Body of Indians were assembled, to know the Result of matters. It being a Custom among them on all such occasions, to have the whole of their Tribes present; having no other Record of conveying to posterity, but what they communi- cate from father to son, and so to the son's son. When the sev- eral Articles were read and explained by Interpreters, upon Oath, (the Delegates being present) they signitied an unanimous consent and satisfaction, by loud Huzzas and Acclamations of joy : Many presents were tlien made thom, which were thankfully received, and every Tribe had their proportion given out ; but they vv^ere so disorderly, that Mauxis (altho' he was the chief Sagamore in all the Eastern parts) was robbed, by the morning, of all he had ; upon which he made a miserable complaint unto the English next day, of the unruliness of his young men, who had stolen away all he had, therefore begged a new supply. But altho' their Govern- ment is so Anarchical, and their chiefs have so little respect and honour shewn them, yet in their Council they observe a very ex- cellent decorum ; not suffering any to speak but one at a time ; which is deliver'd with such a remarkable pathos and surprizing gravity, that there is neither smile nor whisper to be observed, un- til he that speaks has finished his discourse, who theu sits down, and after that another riseth up." The Cause formerly depending between Mr. Dan" Rog- ers, of Ipswich, and the freehold''* Commoners, of Hamp- ton, be continued till the next sessions of His Excellency the Govern'' and Council. Adj'^ till meridiem. to-morrow mornina:, tenn of the clock, ante 1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 547 [p. 455.] Province of New Hampshire. Att a Council and General Assembly- held at Portsmouth on Thursday, the 16^^ of July, Anno Domini 1713. Present, His Excellency Joseph Dudley, Esq., Governour, Peter Coffin, ^ Richard Waldron, "^ W-Vaughan, {j, John Plaisted, [^ Nath" Wear, ( ^^^^- Mark Hunking, f ■^"^^• Robert Elliot, J Sam" Penhallow, J The following address to Her Majestic having been Read at this Board and agreed upon by the Council, was sent to the House of Representatives for their concurrence, who readily complyed therewith : To the Queen's Most Excellent Jfajestie: f The Humble Address of Her Majestic' Coiuicib and Eepreseii- tatives of Her Majestie's province of New Hampshire, coiiveii<^ iu General Assembly, Most Humbly Sheweth, — That whereas for mauy years past we have suffered to the Great- est Extremity by a Continual Warr and more particularly by the Barbarous usage and unheard of cruelties of our Rebellious neighbours the Indians, notwithstanding which with the expeuce of much of our Blood & Treasure wee have hitherto preserved and Defended this your Majestie's province against all opposers, being always confident that the Reiterated successes of your Maj- estie's Glorious Arms in Europe, would by your Majestie's wise Councils & steady conduct produce at last an Honourable & a lasting peace; and wee now with Grateful Hearts congratulate [pt 456.] your Majestic thereupon, for that this peace eliects the Remotest parts of yo'' Majestie's Dominions, and wee already Taste the good fruits and eflects thereof, iu that the Rebellious Indians are Reduced to their obedience ; Your Majestie's Governour here by his good Conduct in this as iu all other the alTairs of the Gov- erment has brought them to an entire submission to your Majes- tic and agreement to Articles of pacification, which now gives us a fair prospect of sitting under our vines and figg Trees and noue to make us afraid. And since nothing canu add more to the Glories of your Majes- 548 PROVINCE OF KEW-HAMPSHIRE. [1713. tie's Reign than this last instance of j^our gi-eat care and concern of the Repose (not only of your Majestie's subjects but that) of all Christendom, in bringing about soe happy a peace through soe many insuperable Difficulties, it remains wee daily pray to almighty God that your IMajestie's life and Reign may be long and I)rosperous in this world, and that your Majestic may, in the world to come, for ever enjoy the blessing to which i^eace makers are entitled. Portsm° in New Hamp"" in New England, the IG^'' of July, 1713. 16"' July, 1713. past by the Council and sent do^aito the House of Representatives for concurrence. Cha. Story, Secretary. Signed in p'sence and by order of the House of Repre- eejitatives. Richard Gerrish, Speaker. "Wee are your Majestie's Most Loyal and Dutiful subjects, the Council & Assembly of your Majtie's province of New Hamp- shire. Signed in pi'eseuce and by order of the Council. Cha: Stoiy, Secretarj'. [p. 457.] Province of the Massachusetts Bay, Anno Regni Anna3 ReginjE Dudecimo.* Att a session of the Great and General Court or Assembly begun and held at Boston upon Yv^ednesday, the 27"' May, 1713. June 3"^, 1713. The following order past in Council Agreed to by the House of Representatives, viz : For quieting the present Disputes betwixt the Borderers upon the Bound Line of this province and the province of New Hampshire, and the demand of Taxes from them by the Goverments of the provinces aforesaid, * In the twelftii year of the reign of Queen Anne. 1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 549 Ordered, That John Apple ton, John Higginson & Thomas Noyes, Esqs., be comm''* on the part of this Goverment with such as shall be appointed by the Goverment of New Hampshire, to goe upon the place & to agree upon such families and persons by name, w^lio shall be considered as present Inhabitants and pay taxes within the said Respec- tive Goverments, untill the Bound Line betwixt them be Orderly and Regularly stated and settled ; That Her Majestie's Subjects be not oppressed by paying of Double tafxes. Isaac Addington, Secretary. Voted, That John Plaisted, Mark Hunking and John Went worth be a committee for this province to joyne with a committee appointed by the Gen" Assembly of the Mas- sachusetts as in the paper (above) annexed, to goe upon the Boarders of the provinces of Massachusetts and New Hampshire, between Hampton and Salisbury, and there view the families, persons and ratable estates and to agree to which Town each shall pay their publick Taxes until the Bound Line be Regularly stated aiid settled or further order taken therein. 16"' July, 1713. Past by the Council. Cha : Story, Secretary. [p. 485.] Concurred by the House of Representatives, with an addition that the same committee pass the Line alsoe between Kingstown and Amesbury and Haverel. Sam" Keais, Clerk. The following petition of the Inhabitants of Bloody point was read at this Board, in ha3C verba sequen : To His Excellency Joseph Dudley, Esq., Capt" General and Gov- ern'" in Chief iuaud over Her Majestie's provinces of the Massa- chusetts Bay, New Hampshire, &c., and the House of Eepre- seutatives now in General Assembly Couven*^. The petition of the Inhabitants of Bloody point within the Limitts of the Towushipp of Dover, with some few of the out skirts of Portsmouth, most humbly sheweth,— 550 PROVINCE OF NEW-HAMPSHIRE. [1713. That yo"" j)etitiou™ living soe remote from tlie publick -worship aud under great Inconveniences to attend the same, have of late erected a meeting House and obtained a tract of sixty Acres of Land for the accommodation of a minister among them with a firm i-esolutiou (by the Divine assistance) of giving him an Hon- orable maintenance to the utmost of their abilitie. But the taxes demanded of us from whence wee doe belong doe Render us under soe insuperable a difiiculty of doing as otherwise wee could wish. Wherefore most humbly pray that your Excellency (who hith- etto has distinguished your self from others in promoting the publick worship of God) would please soe to Order that wee your petitioners by maintaining the minister, school and poor among [p. 459.] our selves may be exempted from all other charges save only the jprovince tax and tax of the Assembly. All which wee humbly conceive to be most reasonable ; and whereas nothing now is wanting to eftect the same but your Ex- cellency's concurrence, we most humbly crave that your Excel- lency will grant our request herein and yo"" petition" shall pray as in duty bound, &c. Geo. Huntris, Jn° Dam, Joseph Richai'ds, Joseph Rawlings, Rich'^ Downing, Jethro Bickford, Thomas Bickford, Sam'^ Huntris, John Hogs den, Henry Lanster, John Downing, Tho. Trickey, Andrew Peters, Jn° Warenfol, Jn° Rawlings, W \yhilam, Clemet Misharvye, Alex'' Hogsden, W" Shackford, Ricli"^ Pamery, John Ilueson, Abel Pearce, W" Hoit, Sam^i Rawlins, Sam" Tomsou, W" Furber, Clemet Misharvj^e, John Fab y an, Nathan Knight, Jn° Pickering, tertius, Benj. Richards, John Knight, John Downing, John Knight, John Bickford, Hate Evil Nutter, James Rawlins, Moses Damm, Henry Nute, Tho. Leighton, Joshua Crocket, John Nutter, Tho. Row, Jn'' Quent, 1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 651 Edward Pcarce, James Graj% John Trickey, Henry Beimet, John Carter, Richard Nason, Benj'^ Bickford, Tho. Downs. EdAvard Row, 15^1' July, 1713. Ill Couticil Read, and the good intention of the petition- ers is approved, and ordered that the select men of Dover be notified to appear by nine o'clock to-morrow in the fore- noon at the Council Board. Cha : Story, Secretary. 16"' July, 1713. Upon hearing of the select men of Do- ver, and the parties to the petition, Ordered, that the petition be granted and the place made a parish by themselves, they forthwith establishing an able orthodox and Learned Minister amongst them, and that they be thenceforth acquitted from the support of the Min- istry of Dover and Portsm°. And upon Representation of the great alteration that this Grant makes in the [p. 460.] Town of Dover, and that there is a new meeting House built at Cochecho, much nearer the center of the remaining Inhabitants of the said Town, Ordered, that the select men of Dover give reasonable notice to the Town to choose proper persons to attend the next session of the General Assembly, to show cause why that House at Cochecho may not be the place of publick worship for the future, or any other consideration there- upon. Voted in Council and sent down to the House of Repre- sentatives for Concurrence. Cha : Story, Secretary. 16^^ July, 1713. Concurr*^ with the Council. By order of the House of Representatives. Sam" Keais Clerk. Colonel Thomas Packer, his aco'^ am" to eleven pounds 552 PROVINCE OF NEW-HAMPSHIRE. [1713. for Rent for the Court House, Council Chamber, and fire and candles to March last, was allowed in Council and upon file. The following vote was sent upp from the House of Rep- resentatives, viz. : May it please your Excellency, — Mr. Treasurer's memorial is before us, by which wee finde omitted giving C^' for sundryes left at Annapolis Royal, and in his own hand, but wee find therein the prov- ince is in Debt, which we considered, and debated many ways to pay the same, that soe in Deceml^er next wee might pay what is due, not knowing the same, and hoping by that time there may be a way found for paym' of the Debts then due. Voted that the Excise be continued for one year. Past the House of Representatives the 16* July, 1713. Sam^ Keais, Clerk. [p. 461.] Mr. Treasurer's Ace*' of powder and other stores of warr to the 24"> June, 1713, was delivered into this Board, as upon file. Ordered, that Doctor Ollivcr Noyes, of Boston, be paid out of the publick Treasury of this province nine pounds eleven shillings and one penny, for disbursements on three Captives from Albany belonging to this province. Ordered, that M^' Campbell, post Ma' General, be paid six pounds out of the puljlick Treasury, for his care in Ex- pressing Letters & for Her Maj"^^' service, and in sending the Govern'^* Letters to Roxljury, &c. lbs. s. d G: 0: . 10: 0: . 13: 0: . 45: 0: . G6: 19: 9: 9: 8 . 154: 0: 1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 553 Province of New Hamph. Att a Committee fof Auditing the pub- lick accounts of the province, held at Portsmouth, the 8"' of June, 1713. Present, Eobert Elliot, ^ Joseph Smith, ] John Plaistcd, v Esqrs. Theodore Attkinson, [ Esqrs. Mark Hunking, ) M'" George Jaffrey, ) 1. Colonel Thomas Packer, allow"^ 2. Thomas Phipps, Esq., allow*^ 3. Joseph Smith, Esq., allow'' for Expresses . 4. Mr. Secretary Story, allow'^ .... 5. Mr. Treasurer Penhallow, ace'' allow'' 6. M"- fellows Acc*% allow^'' . . . 7. Colonel Walton's ace**, allow'' 304: 8: 8 Province of New Hampshire. Wee whose names are hereunto subscribed, having pe- rused all the accounts before mentioned, and well consid- ered the same, doe fmde justly due to each person the several sums sett opposite to the names and number of each person's Debenter. Joseph Smith, John Plaisted, Theodore Attkinson, Mark Hunking. Geo. Jaffrey, [p. 462.] In Council. The returne of the Committee for Auditing the publick accounts of this province hereunto annexed, Am° to three hundred and four pounds eight shillings & eight pence, is allowed and approved of, and sent Down to the Assem- bly for their concurrence. Cha : Story, Secretary. 16*^ July, 1713. Concurr"^ with the Council. Sam'^ Keais, Clerk. 554 PROVINCE OF NEW-HAMPSHIRE. [1714. [p. 463.] Province of New Hampsh. Att a Council and General Assembly- held at Portsmouth by prorogation, on Wednesday, the fifth day of May, Anno Domini 1714. Present, His Excellency Joseph Dudley, Esq., Governour, Richard Waldron, ^ Sam" Penhallow, ^ Robert Elliot, > Esqrs. John Plaisted, > Esqrs. Natli' Wear, J Mark Hunking, j John Wentworth, Esq. Oentlemen : — There are eighteen months past since the Committee of the Council and Kepresentatives have set to draw up the state of the Local Laws and orders in force in the province ; I desire they may he directed to make the returue of their j)roceedings, that further provisions may he made where any defect is, to put for- ward Her Majestie's Service and the good Goverment of the prov- ince. The Gentlemen of the Representatives are sensible that the last year's tax and what is else provided for the four years next com- ing, is what is necessary to draw in the Bills of Credit and thereby to discharge the province debts and noe more ; soe that there is noe i)ro vision made for the Annual charge of the Goverment; The fort and other contingent charges, since the abatement of the Imiiost, which I recommend again to your Consideration that it be forthwith laid and the Excise formed, or otherwise disposed, so as it may be a service to the j)rovince and assist in Case of the Land tax as it is always intended. I have lately intelligence from the Gentlemen sent to Canada for the relcife and returne of the prisoners there, and am now de- termined to send a shipp to Quebeck to receive them ; wherein yo"" prisoners will demand yo"- proportion of charges, and I think it best that a gentleman of yo^ province be there to assist the nego- tiation which otherwise may be intangled and ineffectual; yon will alsoe Consider and represent to me [p. 464.] what share of the Trade with the Indians you Judge proper to hold for their supply, and prevention of their dependance upon the French while they live upon English Ground. You will lastly determine whether there be any provision by 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 555 way of Repetitiou to be made to the Treasury for the currant Charge, in which as in Every thing- relating to the benefit of the province, nothing shall be wanting for Her Majestie's service on my part. J. Dudley. Voted, That Kingstown bo Impowered to send a Representative to sitt in the General Assembly, and that notice be forth- with sent them accordingly, by Order of the Honse of Repre sentative s . Sam" Keais, Clerk. 6*^ May, 1714. Consented to by the Council, Cha : Story, Secretary. Adj'^ till to-morrow morning 10 of the clock. Province of New Hampshire. At a Council and General Assembly held at Portsmouth, by adjournm*, on Thurs- day, the sixth day of May, 1714, by adj'. Present, His Excellency Joseph Dudley, Esq., Govern'", Richard Waldron, ) Sam" Penhallow, ^ Robert Elliot, > Esqrs. John Plaisted, [ Esqrs. Nath"Wear, ) Mark Hunkin, ) John Wentworth, Esq. The petition of Garsham Elkins, Complaining ag* Justice Nathaniel Wear, for Issuing out illegal processes against him about a tax, &c., was read at this Board, and upon file. Mr. Justice Wear being heard upon the said Complaint, the Council doe order [p. 465.] that the processes against Elkins for the tax mentioned in the within petitioii be null and voyde, and the proceedings thereupon, for that the war- rant for collecting taxes of that nature to the constable or 5oG PKOVINCE OF NEW-HAMPSHIRE. [1714. collector of the Towns, Impowers liim to make distress with- out any other processes. Cha. Story, Secretary. Adj'^ till to-morrow morning, 10 of the clock in forenoon. Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, on Friday, the seventh day of May, Anno Domini 1714, by adj'. Present, His Excellency Joseph Dudley, Esq., Governour, Richard Waldron, '] Sam" Penhallow, ^ Robert Elliot, \ Esqrs. John Plaisted, > Esqrs. Nath" Wear, ) Mark Hunkin, ) John Wentworth, Esq. Upon the motion of Mr. Daniel Rogers' Council in a case of an appeal from Her Majesties Superior Court of Judica- ture of this province, held at Portsmouth, the day of wherein the said Daniel Rogers was Appellant and of Hampton Appellees, the matter hav- ing been so long depending, and not yet heard at this Board : Ordered that the cause be dismist at this Board and the appellant referr'^ back to the common Law to take his rem- edy by Review or otherwise. Adj'^ till to-morrow morning, 10 of the clock, ante mere- diem. 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 55T [p. 466.] Province of New Hampshire. At a Council and General Assembly held at Portsmouth by adjournm*, on Saturday, the eighth day of May, Anno Domini 1714. Present, His Excellency Joseph Dudley, Esq., Governour, ' Richard Waldron, 1 Sam" Penhallow, J Robert Elliot, > Esqrs. John Plaisted, > Esqrs. Nath" Wear, ) Mark Hunkin, ) John Wentworth, Esq. The following petition was read at this Board in htec ver- ba sequen : To Ilis Excellency, Joseph Dudley, Esq., Govern'' of Her Majes- tie's province of New Hampshire, and the Honorable, Her Majes- tie's Council, now sitting in Council at Portsmouth, the eight day of May, 1714. The humble petition of Thomas Waldon, master of the Sloop Douglas, Sheweth, — That being bovmd from Barbadoes to Newfound Land, in the said Sloop, having on Board about three thousand Gallons of Rum, for account of Mr. Hugh Hay ward, Chiefe owner of the said sloop, mett with a disaster by a storm at sea, and was forced to put into this j)ort and cannot proceed ; and since the commencement of this voy- age the said owner is dead, and your petitioner being under age, Humbly prays your Excellency that some care may be taken for the securing of the said sloop, and that Her Lading may be Land- ed for the proper owner thereof, and to save any Imbezelment or loss of the said estate, and that Hen- Lading may be sold, being a perishing comodity, and what further your Excellency shall see cause to du-ect in the premises: And your petitioner shall j)ray, &c. Thomas Waldon. In Council. Upon reading this day the above petition. Ordered that the judge of the Admiralty appointe two Merchants of this port of the best Reputation and Trade, and direct them to assist the master in securing the said sloop and cargoe for the proper [p. 467.] owners thereof; And that the said Judge of the admiralty by the first opportunity, give orders 558 PROVINCE OF NEW-HAMPSHIRE. [1714. at Nevis and alsoe at Bristol, iii the Kingdom of Great Brit- taine, where the said Hayward Lived, that those tliat are concerned may look after and take care of their interests. Consented to by the Council. Cha. Story, Secretary. Portsnioiitli hi New Hampshire, 8* May, 1714.. Being Informed that the Sloop Douglas, Thomas Waldon Mas- ter, having on Board about three thousand Gallons of Rum for ac- count of Mr. Hugh Hayward, Cheife owner of the said Sloop, and being bound to Newfoundland, meeting with a disaster by a storm at Sea, was necesitated to put into this port and cannot proceed ; and alsoe advised that since the commencement of his voj-age his said owner is dead, and the said Master Thomas Waldon, alsoe being under age, as is sett forth by his ijetition, on file of this date ; — To save the Embezelment or loss of the estate, you are hereby directed to assist him by your officers or others Merchants of Rep- utation and estate, to secure the said sloop, and Land the Lading for the proper Owner thereof, and forthwith, by the first oppor- tunity, to give notice at Nevis, and alsoe at Bristol, in the King- dom of Great Brittaiue, where the said Haj'ward Lived, that those that are concerned may look after, and take care of their interest. Given under my hand. In Council, J. Dudley. To Cha. Story, Deputy Judge of the Admiraltys in the province of New Hampshire. By the Govern" Command in Council. Cha. Story, Secretary. Adj^i to Monday, the 10"^ Curr', 10 of the Clock, ante merediem. [p. 408.] Upon reading the petition of Thomas Packer, Richard Wybird, George Marshal and others, and upon reading the petition of John Pickering and W" Cotton, as upon file : Petition about ) Ordered, that the Secretary notifie the Meeting House. ) the select men of Portsmouth, and the said Pickering and Cotton, to attend at this Board on Tuesday next, tenn of the clock in the fore- noon, to have a hearing of the said petitions, and copyes of each petition be delivered to each contrary par- 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 559 ties that tliey may the better be prepared for such Hearing. Ordered, that the Treasurer furnish Escumbuit, an Indian Capt., and the other Indians (who came to Consult his Ex- cellency the Goveniour), with necessary provisions and Liquors to carry them to their Several Habitations, and that Peter Cloyce, another Indian Captaine, be presented with a pair of shooes, Adj'^ to Monday, -4 o'clock, post merediem. Mett according to adjournment. Present, His Excellency the Governour, Richard Waldrou, ^ Samuel Penhallow, ] Eobert Elliot, > Esqrs. John Plaisted, S Esqrs. Nath" Wear, ) Mark Hunking, ) John Wentworth, Esq. Adj'' till to-morrow morning, 10 of the clock, ante me- rediem. [p. 4G9.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth by adjournment, on Tuesday, the eleventh day of May, Anno Domini 1711. Present, His Excellency Joseph Dudley, Esq., Governour, Richard Waldron, ^ Samuel Penhallow, \ Robert Elliot, > Esqrs. John Plaisted, > Esqrs. Nath" Wear, ) Mark Hunking, ) John Went worth, Esq. The following vote was sent upp from the House of Rep- resentatives, in hsec verba sequen : New Hampsh. Sclt. Portsmouth, IV" May, 1714. By the Council and Representatives : — Upon the hearing of all parties referring to the meeting 560 PEOYINCE OF NEW-HAMPSHIKE. [1714. Houses of this Town, and having seen and considered the Grants, agreements and votes of the said Town of Ports- mouth, referring to the settlements of the Reverend Mr. Rogers, the present minister of the said Town or parish, — Yoted, that the said Mr. Rogers be established the minister of the said Town, and be confirmed in the possession of the Gleeb Land or Parsonage Lands according to the agree- ment with the Town. It is further Ordered and directed that his sallary or maintenance be raised by the select men from the Inhabi. tants and paid him from time to time as heretofore ; And further, considering of the great increase of the Inhabi- tants of the said Town of Portsm'\ that there be two min- isters and two meeting Houses maintained in the said Town ; and that the two meeting Houses now in Ijeing are the Houses & places directed and agreed upon, and to be finished & repaired at the Expence of the whole Town. That Mr. Rogers and his maintenance be Established as above provided. That the other meeting House,* at the Mill Damm, shall be named and chosen by an Assembly of all the free- holders in the [p. 470.] said Town, and have his sallary & parsonage House provided and maintained at the charge of the said Town. And whereas Mr. John Emmerson has served in the con- gregation at the meeting House near the Mill Damm for some time past, there be made him at his departure a pre- sent of fifty pounds, with thanks for his service there, the * An obvious defect in the record. Perhaps it should read, That the [Minister of the] other Meetiug-House, &c. — Ed. 171-i-] JOURNAL OF COUNCIL AND ASSEMBLY. 561 said fifty pounds to be paid out of the Town Treasury and to be raised at the next Town tax. Past by the House of Eepresentatives. Sam" Keais, Clerk. Past by the Council. Cha : Story, Secretary. I consent to the orders above. J. Dudley. The following A'otc was omitted in entering the Eleventh day of May, as before in the last minutes. Voted, that Each of the parishes have power within them- selves to tax and assess their several Inhabitants to their parish charges, and that they choose three persons Annually to make such tax and assessment and collect the same by a warrant from a Justice of the peace in the forme and manner as other taxes are thereby collected ; and the province tax from time to time to Her Majestic remains to be taxed by the Towns of Dover and Portsmouth as hereto- fore. May the 1V\ 1714. Past by the House, Sam" Keais, Clerk. IV^ May, 1714. Consented to l)y the Council, Cha : Story, Secretary. [p.. 471.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, by adjournm', on Wednesday, the twelfth day of May, Anno Domini 1714. Present, His Excellency Joseph Dudley, Esq., Governor, Eichard Waldron, "j Samuel Penhallow, ) Robert Elliot, S Esqrs. John Plaisted, [ Esqrs. Nath> Wear, ) Mark Hunking, ) John Wentworth, Esq. 36 5G2 PROVINCE OF NEW-HAMPSHIRE. [1714. The following vote was sent np from the House of Eepre- sentatives, in hoec verba sequen : Voted, that M'' Speaker Gerrish and George Jaffrey be a committee to joyiie with Capt. Samuel Weeks and M"" Jn^ Downing to ascertain the Limits of the parishes of Green- laud and Bloody Point. May l-2''\ 1714. past by the House. Sam" Keais, Clerk. Eodem die. Eead in Council. Colonel Waldron and 'Capt. Hunking added as a Committee at this Board to joyne with the abore Comittee. Cha: Story, Secretary. In answer to the petition of the Inhabitants of Bloody Pouit and the petitioners of the Inhabitants of Greenland, — Ordered, that Colonel Waldron, Mark Hunking, Esqrs., Mr. Speaker Gerrish, Mr. George Jaffrey, Mr. John Down- ing and Mr. Samuel Weeks, be commissioners appointed to ascertaine the Limits of the said Parishes whereby the Constables in either place may know how to collect the province tax for the use of Her Majestie's Goverment of the Inhabitants, and that both parishes lie from this time forward discharged from being assessed to the payment of any minister, school master, or poor, but within their sev- eral parishes aforenamed. Bloody Point was named New- INGSTON this day by his Excellency the Governour. Cha : Story, Secretary. [p.. 472.] The following vote was sent up from the House of Representatives, as foUoweth : Considering the Great charge that may arise upon send- ing a Gentleman of the province to negotiate the affaire of Redeeming our prisoners that are at Quebeck, — Voted, that His Excellency the Govern'' be desired to Impower the Gentlemen sent from the Massachusetts to transact the business for us, and we will pay our Quota of 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 563 the charge in proportion to the numljer of our prisoners that may be returned, and if none to be obtained, wee. will gratifie the Gentlemen for the trouble and charge they may be at to inquire after them. May 12'% 1714. Past by the House. Samuel Keais, Clerk. In Council. Read and consented to by the Council. Cha : Story, Secretary. The following vote was sent up from the House of Repre- sentatives, in ha3C verba sequen : The last year's tax being paid into the Treasury in Mas- sachusetts, Road Island and Connecticut Bills, and the burning of them does not answer the fund of this province, and to avoyde charges that may arise in changing them in- to Bills of this province. Voted, that the last province tax, being fifteen hundred pounds, be lett to such several persons as will give good and sufficient Land security within the province, obleidging themselves to repay the same within one year in New Hampshire Bills, and that a Committee be appointed therefor. Past by the House. Samuel Keais,' Clerk. Voted, Mr. Speaker, Mr. Attkinson and Mr. Jaffrey be a Comittee to joyne with a Comittee of the Council for the above service. Read in Council and concurred with [p. 473.] the Rep- resentatives, Provided that the money be lent for two years, the borrower paying interest for the same ; and Or- dered, that Colonel Waldron, Mr, Treasurer Peuhallowand John Plaisted, Esq., be a committee to joyne with the com- mittee of the Representatives for that purpose, who are hereby Impowered from time to time, after taking sufficient ' 564 PROVINCE OF NEW-HAMPSHIRE. [1714. security, to Issue forth their order or warrant to the Treas- urer for the payment of such sume soe lent, which shall be a sufficient discharge to the Treasurer for the same. Past by the House of Representatives. Sam'^ Keais, Clerk. Consented to by the Council. Cha : Story, Secretary. Voted at two and a halfe Pr. cent, interest, or what more the committee can gett. Past the House. Sam" Keais, Clerk. Read in Council and consented to. Cha : Story, Secretary. Adj'^ till the 14*'' day of June, curr*, 10 o'clock ante me- rediem. [p. 474.] Province of New Hampshire. Att a Council and General Assembly held at Portsmouth, by adjournment, on Fryday, the 14'^ of June, 1714. Present, His Excellency Joseph Dudley, Esq., Govern', Richard Waldron, ^ Samuel Penhallow, ^ Robert Elliot, > Esqrs. John Plaisted, > Esqrs. Nath" Weare, ) Mark Hunking, ) John Wentworth, Esq. The two following votes were sent up to this Board from the House of Representatives, in luec verba : Voted, That the New Hampshire Bills that for the future shall be paid into the Treasury, shall be accei)ted with the advance of five Pr. cent. 14"^ May, 1714. By order of the House. Sam" Keais, Clerk. Read in Council and consented to, nemine contradicente. Cha : Story, Secretary. Voted, That twelve hundred pounds in Bill of Credit of 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 565 this province, be forthwith Impressed and signed by the Comittee and appljed to the payment of tlic province Debts that are allowed by the committee for auditing the province Acc'% and approved of by the General Assembly, and that an act be drawen np accordingly, and that the same be re- 13aid in the year one thousand seven hundred and nineteen. May 14"S 1714. Past by the House of Representatives. Sam" Keais, Clerk. Consented to by the Council. Cha : Story, Secretary. Adj'^ till to-morrow morning, tenn of the clock, ante me- redieni. [p. 475.] 15*^ May, 1714, ante merediem. Upon Hearing the Gentlemen of Dover who were chosen by the Town to shew cause why the publick meeting for the worship of God on the Lord's day should not be held at the new meeting House at Cochecho, now standing nearest the center of the present Inhabitants, this court are of opinion and accordingly advise the Inhabitants of Dover, at their next Town meeting, to choose three persons aa a committee to treat with tliose of Cochecho that were at the charge to erect the meeting House there, in order to an agreement upon reasonable Terms, to make it the Town meeting House, and the only place of meeting for the future ; but if they cannot come to any agreement, that the persons chosen by the Town and three of the principal disbursers for erecting the said new meeting House at Co- checho, to appear at the next sitting of the General As- sembly, and make report of their proceedings herein, and wherein they differ, in order to a final determination of that matter ; and that in the meane time the meeting be kept one sabbath day at Dover neck in the old meeting House and the other at Cochecho, in the new. 566 PROVINCE OF NEW-HAMPSHIRE. [17U. May 15'^, 1714. Past by the House of Representatives. Sam" Keais, Clerk. Eodem die, read in Council and consented to, nemine contradicente. Clia : Story, Secretary. Voted, That the Laws now past, and all other former Laws which shall be thought usefull by the Governour and Council, be collected into a book and printed, and that the Committee appointed to Revise the Laws of this province see them effected. 15^'' May, 1714. Past by the House of Representatives. Samuel Keais, Clerk. Consented to by the Council. Clia. Story, Secretary. [p. 470.] Province of New Hampshire. Att a Committee for Auditing the publick ac- counts of the province, held at Portsmouth, on Saturday, the eight day of May, Anno Dm' 1714. Present, Robert Elliot, ) Theodore Attkinson, ^ John Plaisted, > Esqrs. Jose])h Smith, \ Esqrs. Mark Hunking, ) Mr. Geo. Jaffrey, ) No. 1. George Walton, and John Searle acct 2. Joseph Smith's acct., allow'^, 3. Jolin Abbett's acc'S allowed, 4. Eliza Harvey's acct., allow'^, 5. Alexander Miller's acct., allowed, 6. Joshua Pearce's ace*, allow'^ 7. Mary polly's acct., allow'S 8. Doctor Pike's account, alloAV<^, . 9. Colonel Packer's account, allow'', 10. William Fellow's account, allow'', 11. Samuel Penhallow, Esq, his ace', 12. Shadrach AValton's ace*. , allow'', lbs. s. d. 2: 1: 0: 17: 3: 0: 9: 6: 8 2 : 0: 2 : 9: G: 8: 6 3: 6: 2 13: 14: 29: 19: 6 63: 1: 6 131: 10: 0: 18: o : 2: G'J: 3: 8 1: 7; 8 5: 0: 14: 6: — 10: 11: 2 10: 7: 9 9: 0: b : 0: 1: 1: 4 0: 18: 2: 13: i •J : 0: 17U.] JOURNAL OF COUNCIL AND ASSEMBLY. 567 13. Joseph Cass liis ace*, allowed, .... li. Joseph Smith's ace', allow"', .... 15. Samuel Peiihallow's ace*, a Treaty about the pacitication, 16. Theodore Attkinsou, Esq, his ace*, allow'', 17. Beuj* Akermau's aec', allow'', .... 18. Mr. Sheriffe Phipp's ace*, allow'', 19. Capt-. Thomas Tibbett's muster Roll, allow'', 20. Colonel Geor<,'-e Vaughan's ace*, allow'', 21. Doctor Pike's ace*, allow'', .... 22. Capt. Gyle's aec*, allow'', .... 23. Deborah Wincars ace', allow'', .... 24. Eliza Alcock, and partn'', allow'', 25. John Knight, allow'^, .... 2G. Major Smith's muster Roll allow'', 27. Thorn'' Greely's accts., not allowed. 28. Cha: Story's acct., allow'', . . . . 40: 0: To Col. Walton's muster Roll for Ephraim Mars- ton, 0: 6: Province of New Hampshire. 14*'> May, 1714. Wee, whose names are hereunto svibscribed, having pe- rused all the accounts before mentioned, and [p. 477.] well considered the same, doe fmde justly due to each person the several sumes sett opposite to the names and number of each person's debenter. Robert Elliot, John Plaisted, Mark Huuking, Theodore Attkinson, 14*'^ May, 1714. George Jaffrcy. The House of Representatives allow of the returns of the Committee as within, and above mentioned. Past by the House of Representatives. Sam" Keais, Clerk. The Council concurrs with the vote of the Represen- tatives. Cha : Story, Secretary. 15*" May, 1714. 568 PROVINCE OF NEW-HAMPSHIRE. [1714. Allow'' Colonel Packer to be paid in course forty pounds pursuant to liis ace* on file. Voted, that his Excellency the Governor be desired, be- fore his going out of the province, to signe orders for pay- ment of the province Debts in course that are already al- lowed and approved of by the General Assembly. May lO*'^ 1714. Past by the House of Representatives. Sam" Keais, Clerk. Voted, That the proportion of Kingstown for the next province Rate be twenty pounds, equally to be discounted out of each Town's proportion. May W\ 1714. Past by the House of Representatives. Sam" Keais, Clerk. Consented to by the Council. Cha : Story, Secretary. The following Acts — [Pages 478, 479, which follow, are blank.— Ed.] [p. 480.] Province of New Hampshire. Att a Special sessions of the Council & General Assembly lield at Portsmouth, on Thursday, thc"22'' July, 1714. Present, His Excellency, Joseph Dudley, Esq., Govcrnour, Peter Coffin, ^ Sam" Peiiliallow, ] Nath" Wear, > Esqrs. John Plaisted, > Esqrs. Richard Waldron, ) Mark Hunking, ) John Wentworth, Esq. His Excellency made the following Speech in haec verba sequen : 1714:.] JOURNAL OF COUNCIL AND ASSEMBLY. 669 [From Journal of the House.] Gentlemen, — I am here upon an Intei'view & Speech with ye Indian Sachems of ye severall Eastern tribes, to settle ye Trade and Commerce be- tween licr Majesties good subjects of tliese Provinces & je said Indians, and have directed this extraordinary session of tlie As- sembly, that I might liave your assistance and advice in any thing' that may occur of benefitt to the Province. You shall be present at the Indians' attendance to discourse, and have opportunity to ofler any thing thereupon afterAvards ; and I am to acquaint you that the Prorogation to the 11* of August next is yet continued without inteiTuption. J. DCDLEY. [p. 481.] The following petition was read at this Board, viz : To his Excellency Joseph Dudley, Esq., Governour and Com- maiider in Chief, in and over her ^»Iajesties province of New Hampshire, and to the Honorable the Council and licpresenta- tives Conven"^ in General Assembly. The petition of Samuel Penhallow, Esq., Treasurer and receiver General of Her Majestie's Revenue, &c., within this, Her Majes- tie's province : That the selectmen, by the several parishes with the officers, are by the Law Impowered to Lay the taxes throughout this province, and the Treasurer is by Law Impowered to direct his warrants accordingly. Yet soe it is, that by reason of the unhappy ditler- ence in the parish of Portsmouth, there are two sorts of selectmen, Assessors and Constables chose for the present year. And it being beyond my power to determine to whom I should direct my war- rants for the levying of the tax granted unto her Majestie for the support of the Goverment, Defence of the province and pajan' of the publick Debts, which will be to the hurt, detriment and dis- honour of her Maj''"^ province, — ■ Doe humbly pray that yo"" Excellency and the Honorable As- sembly will give such directions herein as you in wisdom shall see meet, which shall readily be observed by yo' Excellency and Hon" most humble and most obedient servant, Samuel PenhaUow. Portsm", July 22d, 1714. 22d July, 1714. This petition being read at this Board, 570 PROVINCE OF NEW-HAMPSHIRE. [1714. Ordered that the two setts of selectmen be notified to ap- pear here on Saturday morning, teiin of the clock in the forenoon, and that the Representatives be desired to con- curr with the same. Cha. Story, Secretary. Voted in the House of Representatives, Concurrence. Sam^^ Keais, Clerk. [p. 482.] Ordered that the Secretary send to the Sheriffe to notifie the said Selectmen accordingly. Adj'^ till to-morrow morning, tenn of the clock. Mett accordingly, present ut supra & R. Elliot, The following petition was read at this Board, viz : — To his Excellency Joseph Dudley, Esq., CTOvernom-, and the Hon- orable the Council sitting at Portsmouth, 23d July, ITl-t. This writing hnmbly slieweth, that whereas the Laws of this province obleidgeth each town in the Said province to be provided with a school master to keep a free school, and the selectmen of Hampton having hired one for the said Town to teach both Latin and English, &c., nevertheless, altho tlic Law of this province and order of the Governor and Council and a vote of the Town doth order that all the Inhabitants pay the maintaining such pub- lick Town School, Yet notwithstanding the said Law and orders, the major i:)art of the selectmen and* Justice Wear, liave signed and directed a w^arraut to the Constable to collect the said scliool ma'^ Rate from only a part of the Town, aiul wliolly left out the otlier part of the said Town ; which partial doings hath caused great Divisions in the said Town, and will more increase contentions when the Con- stable comes to take such Eate by distress, if not timely prevented. It is therefor desired that the said Justice and Selectmen be ordered to answer before your Excellency and Council, and alsoe Robert Moulton, the present Constable, be ordered to bring his Rate at the same time, and that he be ordered to forbear [v. 483.] gathering said tax until further order of this Board, which may be a meanes of preventing Contentious among us. Joseph Smith, in behalfe of the greatest part of the Town. Upon reading at this Board the petition before-mentioned, 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 571 Ordered, that there be a hearing of the said petition at this Board, on Wednesday next, tenn of the clock, ante merediem, and that the selectmen and Constable Monltoii be notified by the Secretary to appear at time and place^ and that an order be sent to the Constable Moulton to for- bear collecting the said rate till further order, and that he bring a list of the assessments and warrants for collecting the said Rate with him, to be laid before the Goveruour and Council. In Council, Cha. Story, Secretary. Adj'^ till to-morrow morning, tenn of the clock. Mett accordingly, present as before. Council Chamber. The Governor comunicated General Nicholson's letter of yesterday, referring to his coming hither, & sent Capt. Wentworth and Colonel Phipps with the Gcn"^ present (a Guinea) to the Indians, to accquainte them of his affec- tion to them, and of his coming. [p. 48-i.] Voted, In answer to Mr. Treasurer Penhal- low's petition, on hearing the Qualifications of the two setts of Selectmen in Portsmouth : "We are humbly of opinion, that the Selectmen Chosen at the new Meeting House, on the 7th of June last, are the persons that the Treasurer ought to send his warrants to for the collecting such money as hath been granted to her Majestic this present year, past the House of Represen- tatives. Sam' Keais, Clerk. 24th July, 1714. The following vote was sent down from the Governour and Council to the House of Represent^ : In Council, 24th July, 1714. Information being given to this Board that there is offence taken by the Assembly of Her Majestie's Province of the Massachusetts, at the Act of Impost Province. Mark Hunking, Geo. Yaughan, Wm. Cotton, Past by the Council and sent to the House of Represent, for concurrence. Cha^ Story, Lt. Johnson. ) Secretary. "Voted a concurrence with the Order of the Governour and Council, and, considering the Regularity of the Town meeting at the New Meeting House tho 7"' of June, con- firm the Town Clerk and all other officers then chosen, and the votes then passed about the New Meeting House. 28'"' Jnly, 1714. Past by the House of Representatives. Samuel Keais, Clerk. The Council consent that his Excellency the Governour forthwith choose five select men out of the nine persons mentioned in the margin above, and that the Town Clerk and all other officers chosen at the Town meeting at the New Meeting House stand as such, till the 25"' March next. The Govern"^ and Council hereby order that the 25*^ day of 574 PROVINCE OF NEW-HAMPSHIRE. [1714. March be the day for Annually Electing Town Officers for Portsmouth, unless the said 25'^ day of March fall upon the Lord's day, and then the Election shall be the day following. Cha. Story, Secretary. [p. 487.] Portsm°, 28'^ July , 1714. Agreea1)le to the votes of the Council and Representa- tives in General Assembly conven*^, that the Governour name and appoint five persons to doe the Office of Select men for the Town of Portsmouth, for laying the taxes & other prudentials for the year Ensuing, as in their votes do appear : Mark Hunking, Esq., Samuel Weeks, Thomas Westbrook, Samuel Hart, George Jaffrey, being five of the nine in the margin of those votes, are the persons I have determined for the service. Given under my hand. J. Dudley. The following Memorial was read at this Board, viz : To liis Excellency the Govern'', with the Honourable the Council and Rei)resentatives couven'^ in General Assembly: — Wee the sub- scribers being commissionated and appointed to ascertaine the Bounds of the two parishes of Greenland and Newington. for the better direction of the Constables in collecting of publick taxes, upon due consideration thereof, wee are of Opinion the Parish of Newington be Bounded from the Eiver to Piscataqua by the In- habitants following, viz., James Gray, Henry Bennet, Joseph Johnson, Sam^ Tomson and Thomas Pickering, upon the Great Bay ; and that these p'sent Inhabitants with the Lands and Estates they live upon, and whosoever shall live upon them here after, or build within the limitts aforesaid, shall i^ay their Parish taxes to Newington. [p. 488.] And that the parish of Greenland be bounded upon the Great Bay by the farm of the Widdow Jackson, Joshua Pearce, and Isi-ael March, and soe to Packer's bridge, and thence to Joshua Haines', Mr. Gate's and Edward Ayres' farme, and from thence South westerly to Hampton Bounds ; & that these present Inhab- 17U.]- JOURNAL OF COUNCIL AND ASSEMBLY. 575 itauts with the Lands and Estates they live upon, and whosoever shall live upon them hereafter or build and inhabit withiu the lim- its aforesaid, shall paj^ their Parish taxes to Greenland. All which, notwithstanding', is humbly submitted, by Eich^i Waldron, Rich'^ Gcrrish, Mark Hunking-, George JafTrey. 28"' July, 1714. Read in Council and Approved of, and sent down to the House of Representatives for concurrence. Cha. Story, Secretary. The House of Representatives Concurr. ' Sani^ Keais, Clerk. Voted, Theodore Atkinson, Esq., and George Jaffrey, be a Committee to Joyne with the Committee of the Council to confer witli the Committee of the Massachusetts aljout their being offended at any Law of this Province, and make return thereof to the General Assembly. July 28"S 1714. Per Order of the House, Sam" Keais, Clerk. Assembly prorogued to the 11"" Augu^', 1714. [p. 489.] Mett, according to Proroguement, and pur- suant to his Excellency's letter the Assembly is further prorogued to Wednesday, the 8* 7'"', 1714. Mett according to Proroguement, and the General As- sembly Avere, pursuant to his Excellency's the Gov''' Letter, prorogued to the 16"' day of Sep'"' currant. Mett according to proroguement, and pursuant to his Excellency's letter the General Assembly were prorogued to the first day of October next. Mett accordingly, and the General Assembly were adj'' till to-morrow morning, 10 of the clock. 576 PROVINCE OF NEW-HAMPSHIEE. [1714. Province of New Hamps'"'. At a Council and General Assembly held at Portsni" by Adj', on the second day of October, Anno Domi. 1714. Present, Natli' Weare, ) Sam' Penhallow,^ Robert Elliot, \ Esqrs. John Plaisted, VEsqrs. Rich'' Waldron, } Mark Hunking, J John Wentvvorth, Esq. The two following Addresses, having been three times read, past both Houses, and Ordered to be Engrossed and sent for Great Brittaine, His Excellency pleasing to trans- mit the same. To the Juiir/''s most Excellent Ilaftie. The humble Address of the Council and Representatives of the General Assembly of the Province of New Ilamx^shire, in New England, in America : Most Gratious Soveraigne, — Having already with utmost joy and faithfulness to Almighty God congratulated your Maj'ties Riglitful and happy Accession to the throne of Great Britain, &c., wee most humbly beg leave, with utmost Reference and duty, to Represent to your Majes- tic that liis Excellency, Col. Dudley, our present Govern'", had the Honour to have a Commission for this governm', first from the late King William, of glorious Memory, and afterwards from our late most Gratious Soveraigne, Queen Anne, of blessed memory; during the whole of whose Reign, the greatest part whereof was a ditficult and distressing time of Warr here with the French and Indians, The Honour and Interest of the Crown of Great Brit- taine and the happiness & prosperity of your Majestie's people have been greatly served and advanced by his wi se and faitlifull administrations. The very last Address wee had the Honour to present to her late Majesty contained our Thankful Acknowledg- ments of her Majestie's Great Favour to her people here, in his continuance in this Governm'; And wee now most humbly and ftiithfully give the same Assurances to your Majestic that his Gov- ernment over this province is very acceptable to us, and all your Majestie's good subjects here, whom wee respect. And wee shall with all thankfulness esteem and acknowledge it as an instance 1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 577 of your Royal favour to us, if your Majestic will yott please to coutiuue him the Honour of this Goveriun', being now iu an ad- vanced age, and oiie that wee doubt not but by the favour of God and yo"" Majesties Royal Instructions, will continue an Honour to yo"' Majestie, and a Great Blessing to yo'' people. Cha: Story, Secretary. By order of the Council. 2^ October, 1714. Portsmouth, in New England, iu America. Richard Gerrish, Speaker of the House of Representatives. To the King's most Excellent 3IaJestie. The humble Address of your Majesties most Dutiful and Loyal Subjects, the Governour, Council and Representatives of your Majesties Province of New Hampshire, iu New England, cou- ven*^ in General Assembly: May it please yo"" Majestie, — As wee cannot but be sensible affected with the late Death of our Soveraigne Lady Queen Anne, of Blessed Memory, soe nothing would soe well allay our Griefe as your Majestie's happy Acces- sion to the throne, which hath filled our hearts with joy and sat- istaction beyond the Expression of our Tongues; and wee accord- ingly, with utmost sincerity and thankfulness to Almighty God, congratulate your Majestie thereupon, being well assured that not onely your Realms in Europe but the remotest of yo"" Domin- ions in America will Enjoy a proportionable share in the benign Liiluencc of yo"^ Auspicious Reign. For which end wee shall ofier up our daily prayers to God Al- mighty, that your Majestie's Royal person and Family may be always under Divine protection ; that your Majestie's Reign over us may be long and prosperous ; your Councils and Administra- tions directed and succeeded from above ; And that under your Majestie's Goverment, wee may all lead quiet and peaceable lives in all Godliness and honesty. And finally, that wee, your ^Nlajes- ties faithful and peaceable subjects in these your Remote Domiu- 37 578 PROVINCE OF NEW-HAMPSHIRE. [1714. ions, may alwfi3's find favour before your Majestic in the full and free Enjoyment of our Religione and Civil Rights and privileges. Cha: Story, Secretary, By order of the Council. RicnARD Gerrisii, Speaker of the House of Representatives. Portsm", in the Province of New Hampshire, in New Eughind. in America, 2'! October, 1714. Prorogued to the 3"" November, next Ensuing, 11 o'clock, ante merediem. [p. 492.] Mett according to prorougement, and ad- journed to the fourth of November currant, 10 o'clock, ante merediem. Mett accordingly and adjorned to the fifth currant, 11 o'clock, ante merediem. Province of New Hampshire. Att a Council and General Assembly held at Portsm° the fifth day of Novem- ber, Anno Dom. 1714. Present, Robert Elliot, ) Mark Hunking, ) ^ Sam' Penhallow, [ Esqs. Jno. Wentworth, j ^^^^• John Plaisted, ) His Excellency's the Govern^ letter was read at this Board, in hsec verba Sequen : Gentlemen, — . I have the opinion of the Gentlemen of the Law that I cannot continue the present Assembly of the pi^ovince of New Hamp- shire any longer upon the writ in her late Majesty's Reign. I do therefor hereb)^ Dissolve the Assembly and discharge them from any further attendance, "with thanks for their good seiwice, and shall take care as much as in me lyes in every thing 1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 579 for the benefit and welfare of the Province, until his Majestic's commands may happily arrive, as is my duty. Given under my hand, Boston, 1«' Nov., 1714. J. Dudley. To tlie Gentlemen of his Majestie's ? Council for New Hampsliire. ^ Under cover, directed as foil : On his Majestic's Service, J. Dudley. To the Ilon'^i^ ^Vm. Vaughan, to be communicated to his Maj''*^^ Council of New Hampsliire, Portsm". Pursuant to the abovesaid Letter, the Assembly were accordingly Dissolved. Cha: Story, Secretary. [p. 493.] Province of New Hamp"". At a Council & General Assembly held at Portsm°, the 20*^^ day of April, 1715, Present, His Excellency the Governour, RiclV^ Waldron, ) -^ John Plaisted, ) -^ Sam^ Penhallow, j ^ ' Mark Hunking, j ^ His Excellency the Gov'' this day took y*^ oaths & signed the Declaration. Sam^ Penhallow & Jno. Plaisted, Esqs., were sent from this Board to y'' representatives (1) to administer y'^ oaths to them, which they did accordingly. (1) [From Journal of the House.] The members Electeil for the several Towns returned as follows, viz : For Portsmouth. For New Castle. Kiclul. Gerrish, Esq., Theod. Atkinson, Esq., Geo. Jeffrey, Jotham Odiorii. Sam. Keis. For Hampton. For Dover. Maj. Joseph Smith, Capt. Tim. Gerrish, Peter Ware, Jno. Downing, Joshua Wingate. Stephen Jones. 580 PROVINCE OF NEW-HAMPSHIRE. [1715. Mr. Sheriff Phipps Wcas sent down to y'' House of Rep- resentatives to call them to this board, who came up with Rich'^ Gerrish, Esq., their Speaker, whome they presented to his Excellency & was by him accepted ; his Excellency made a Speech to y™ (-)• Adjourned till to-morrow, ten o'clock, A. M. Province of New Hampshire. At a Councill & General Assembly held at Portsm" the 21 Aprill, 1715. Present, His Excellincy the Gov"", Robert Eliot, \ ^ Sam^ Penhallow, ) ^ Rich'^ Waldron, j ^""l'- John Plaistcd, j ^"'l'- Mark Hunking, Esq. Mr. Treasurer Penhallow was directed to quicken y^ con- stables that are behind hand of paying the last Pro : tax by his letter or warr* to them. The Petition of Simon Wiggins, Andrew Wiggins, &c., desiring that the Patent land w'on they live might be made a township, was read and sent down to y^ Representatives. For Exeter. For King si on. Saml. Thing, Sam. Easmaii. Nicho. Gilman. The House met & Qualified Apl. 20th. Voted, Kichard Gerrish, Esq., Spealier, who being presented to his Excellency, was accepted accordingly. Voted, Sam. Keis, Clarke of ye House. (2) The House sent for by his Excellency, who presented the following Speech: Gentlemen, — By the favour of Almighty God and the Indulgence of his Majestj-, the Best of Kings, you are at this time assembled, and there is nothing necessary for the ease & Benefitt of this his Majestie's Province but I shall readily come into and put forward when it shall be offered. I have directed Mr. Treasurer to lay before you the present state of your Debts, which you will i^rovide for. The tax now collecting -vill be no Assistance therein, being ordered to be paid in bills of Credit of this Province that they may be burnt in pursuance of the Act of Assembly, and in that case made & Provided. I judge it best for the Assembly to use all iiroper methods to get out of Debt whilst we are in Peace, that we may be more capable and ready for what shall be necessary to estab- lish & advance the growth of ye Province & defence for ye future. Joseph Dudley. 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 581 [p. 494,] Upon reading of a list of y* Inhabitants of Starr Island, amounting to thirty-five in number, it is — Ordered, That y^ Sheriff imediately send forth his Pre- cept directed to James Blagdon, Esq., one of his Maj"*'^ Justices of Peace residing there, to cause y® Inhabitants of the s*^ Island to elect & send a p'son to represent them in y* General Assembly, by Tuesday, the twenty-sixth instant. Adjourned for two hours. Pro : of N. Hamp"'. Mett again. Present, — as Before. The Councill is adjourned till to-morrow, 10 o'clock a. m, [p. 495.] Province of N. Hampshire. At a Councill & General Assembly held at Portsmouth, the 22^^ of April, 1715. Present, His Excellency the Governour, Robert Eliot, ) ^^ ,^ Sam. Pcnhallow, ) Richard Waldron, ) ^'V-^- John Plaisted, \ ]\rark Hunking, Esq. Voted, In Councill y' y^ Excise of Liquor within this Pro : be farmed out by y'' Treasurer with y*" assistance of a Committee of both houses. Jno. Plaisted & Mark Hunk- ing, Esqs., of y® Councill, with any other two to be ap- pointed by y° representatives. Tho. Phipps, pr. order. Voted, That Mr. Speaker Gerrish & Mr. Odiorne are of y** Committee to joyn y'' Gent" of the Councill. Sam' Keais, Clerk. A Complaint was read, signed by sundry Inhabitants of y^ Town of Portsmouth, ag"' y*" Selectmen, for raising more mony in y*" Pro : taxes in y*" years 1712 & 1713, than their warr"* from y° Treasurer Impow'red them to do. 582 PROVINCE OF NEW-HAMPSHIRE. ■ [1715. Ordered, A Hearing of both p'ties at four o'clock, p. m. Sundry of y® complainers being notifyed by y® Sheriff, none attended but Wm. Cotton & Mr. Wm. Partridge ; so noth ing done in that matter. The following Vote was sent from y*^ Low'' House to y" Councill board, viz : Voted, That there be a Committee of both houses chosen to examine y*" Pro : Acc"% & make return from time to time to y® General Assembly; & that Mr. Speaker Gerrish, Messrs. Atkinson & Jeffry & Maj. Smith, be y*^ Committee of this house. Pr. order of the House. Sam' Keais, Clerk. Consented to by y^ Councill, & Voted, That Rob' Eliot, Jno. Plaisted & Mark Hunking, Esqrs., be of s'^ Committee from this board for y^ service aforesaid. Tho : Phipps, pr. Order. Adjourned for two hours. [p. 496.] Province of N. Hampshire. At a Councill & General Assambly held at Portsmouth, y'' 22^' Aprill, 1715, P. M. Present, His Excellency the Governour, Robt. Eliot, tfec, as Before. A Committee is appointed to view y*" two meeting houses at Dover & Cochecho, & make their return by Tuesday next, viz. "Whereas, by y* return of y'^ Committee from Dover, it ap- pears there is no agreem* about y*" Meeting house at Co checho : Ordered, That a committee of both houses be chosen to go to Dover to view both meeting houses there, & Enquire 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 583 into the scituation of y® Inhabitants thereah\ & make re- port w*^'' of the two houses, since y" seperation of Newing- ton, best suits y* remaining Inhabitants to meet constantly to attend y^ Publick worship of God on y** Lord's Day ; Esqrs. Mark Hunking, V Esqrs. Sam. Penhallow, ) John Wentworth, ) The Committee for receiving the claims and auditing the accounts of the Province, brought in & laid y*^ same before this board, as followeth : 590 PEOVINCE OF NEW-HAMPSHIRE. [1715. rroviiice of N. Hamp. At a Committee's meeting for auditing y'' Pro. ace*'' according to adjournment, y^ 18tli May, 1715. Present, Rob* Eliot, ] Richard Gerrish, 1 John Plaisted, S Geo. Jaffrey, > Mark Hunking, ) Theo. Atkinson. ) No. 1. Theo. Atkinson, allowed, 2. Secretary Story, deceased, 3. Jotliam Odiorne, allowed, 4. Sheriff Phipps, £3: 8 8 30: 15: 27: 75 : 8 : 8 May 19th. Mett according to adjournment, p'st all ye Com*'^''. No. 6. Maj'' Smith ace', allowed, 6. Daniel Greenough's, allowed, 7. Sam^ Penhallow, Esq., allowed, 8. Tho. Packer, allowed, 9. Tho. Packer, allowed, 10. AYill"^ Fellows, allowed, Tho. Phipps, allowed by Gov"" & Council, 11. Tho. Packer, allowed, The setting of this Committee, each five days, Messrs. Penhallow, Thing, Ilunking, Plais- sted, & Atkinson, each two days on Com' 12. Sam^ Hart's ace', allowed. £257: 12: 5 [p. 504.] May 19th, 1715. The sundry accounts w"'in Written, am°ing to two hundred fifty seven pounds, twelve shillings & five pence, being examined, are allowed as Just & Due to the claimers. Mem". Omitted untill y« 25th May. No. 13. Maj. Smith, £1: 1: 14. James Cate, 0: 12: The sum is two hundred fifty-nine pounds, five shillings, 5d. John Plaisted, Mark Ilunking, Eichard Gerrish, , Joseph Smith, [ Theo. Atkinson, Geo. Jaffrey, J £3: 14: 0: 15: 26: 0: 45: 11: 10 51: 8: 1 6: 10: 4 4: 10: 30: 14: 6 s, 9: 15: 5- 10: 0. 15: Com*''^ 171.5.] JOURNAL OF COUNCIL AND ASSEMBLY. 591 This Acc* was read & sent down to the house of repre- sentatives. May 25th, 1715. Past liy the House of Representatives, Eodem die. Sam}^ Keais, Clerk. Allowed by the Councill. Rich*^ Waldron, Con. Cleric. Ordered, That the Clerk write the Gov"" & send a Copy of the Publick Accounts returned by the Committee, praying orders for paym* of the debts accordingly, & that the As- sembly stands now adjourned to Fryday, the 10th of June ensueing. Adjourned to Fryday, the 10th o f June next ensueing. [p. 505.] At a Council & General Assembly held at Portsm°, the 10th June, 1715, by adjournm'. Present, Robert Eliot, ) John Plaisted, J Richard Waldron, S Esqrs. Mark Hunking, > Esqrs. Sam. Penhallow, ) John Wentworth, ) The Assembly being adjourned to this day in ord'' to burn a thousand pounds in Pro. bills, but the treasurer inform- ing that the Constaliles are considerably behind hand in bringing in their rates, & that those bills lately lirrmght in are .mostly other Prov. bills, so that 'twill take up time to Exchange them, It is therefore thought meet to adjourn y'' Assembly, & accordingly y*^ Assembly stands now Adjourned, to Thursday, the 14th July, next ensuing. 602 PROVINCE OF NEW-HAMPSHIRE. [1715. Pro : of N. Hamp^ At a Councill & General Assembly held at Portsm°, July 14"', 1715. Present, Richard "Waldron, ) j^ John Plaistcd, ) -r. Sam' Penhallow, \ ^^'^^' Mark Hunking, j ^"^^• Adjourned to Thursday, the 28"' July next ensuing. So far gone to England, together w'^ y*' two Acts made in April last. [p. 506.] At a Councill and General Assembly held at Portsmouth by adjournm', July 28% 1715. P'sent, Richard Waldron, ) y , John Plaistcd, ) -p., „ Sam' Penhallow, ) ^' Mark Hunking, J *^" John Wentworth, Esq. Voted, That Mark Hunking, Esq., joyne w"' one to be chosen pr y*" House of representatives to make tale of y° Province bills brought in by Mr. Treasurer Penhallow, to be burnt, & see the same Execvited. The House of Representatives have chosen Capt. Josh. Wingate to joyn with Mark Hunking, Esq., for y*^^ service aboves'^ P'suant to the above vote Mark Hunking, Esq., & Capt. Joshua Winget reported unto this board upon oatli, that they received of Mr. Treasury Penhallow the sum of eight hundred sixty-five pounds & one shilling, in the Bills of this Province, w*^^'' s'^ Bills were this day committed to the flames & burnt in view of the Councill & Assembly. Adjourned to Thursday, y'^ 11*" August next ensuing, 10 o'clock, A. M. 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 593 [p. 507.] At a Couucill & Gcn^ Assemljly held at Portsmouth, Sept"" the 8"', lli"). Present, The Hoii'ble John Usher, Esq., L' GoV, Robert Eliot, ^ Sam' Penhallow, ) Nath' Wear, [ Esqs. John Phiisted, [ Esqs. Rich^* Waldron, ) Mark Hunkhig, ) John AYentwortli, Esq. Mr. Sheriff Phipps was sent down to call the Assembly to this board, who accordingly came, w'' his lion'' y'' Lieut. Gov"" ordered to be read to them his Commission, also his Speech to y*^ Councill in Feb^' last, & his p'sent Speech, to- gether w"^ a memoriall out of the Councill book (it being one paragraph of his honour's speech to y*^ Councill, y® 2*^ Aug^', 1714,* relating to his great charge & Expence in y^ ser^ace of this Province, w"'out any consideration there- for, w*^'^ s*^ Memoriall w"^ y*^ s'^ two speeches were delivered to y*^ Assembly to be more considered of. His Hon''^ p'sent speech read to y'' Councill & Assembly was as follows : Pro : of New Ilanip"". Geut", Couii'% Representatives hi Ocu^ Assembly Convened : In Jiui>' last a Proclamation for all jr sons Civill & Military con- tiime in their respective offices. On y*^ 7"^ Feh^ w"^ leaving- Pro:, left Instructions relateing the Pro: Copy thereof now p'sent to w*^"^ referr. Since my Departure out of Goverm' received no ace' State Pro : An Act Parliam' made 6"' year late Queen Ann, In- tituled an Act for y*' security her Maj" ties p'son & Goverum' & of the succession to the Crown Great Brittain, in the Protestant line, for taking oaths as in s*^ Act required & Continuance all p'sons for six months as by s*^ Act sett forth. Proclamation King George, 22*1 Novemb"", 1714, declaring his j^jgjnies Pleasure for continuing his Maj"'*^^^ officers in his Maj"''*^ Plantations till his Maj"'*^^ Pleasure be further Declared. On 23^ Sept. last in this Goverm' I published Proclamation King George accession to Crown great Brittain; did then and there take oaths as by Act Parliam' required; Judge y'^ Go verm' by virtue my Commission & takeing the oaths Invested in myself, w*^'^ Commission communicate to you. * See Council Records of Aug. 2d, 1714, vol. 11, p. 662, 38 594 PROVINCE OF NEW-HAMPSHIRE, [1715. [p. 508.] ^Vlieii come into Province Issued out ore? for you Geut" this day to meet for sei-vice Crown & Governm' ; Acquaint you liis Excellency Gov"" Burgess is commissionated to be Gov"^ this Province ; hitest acct. from great Brittain in a short time he may sail ; after then his arrival here may speedily be expected, now y'fore came, Recommend to you (viz.), liaising- mony for Discliarge Debts of the Province ; mony to defray charges of an hon""'^ receijtion of his Excellency Gov"^ Bur- gess into Province, & provide a house for entertainment of him & his retinue; Mony for repairing the Fort; paym' souldiers at Fort to this time what may be due, & a boat for the Goverment. Genl", Many years Invested w"" Commission as Lt. Gov"" of this Province, my expences & my charges greatoutof my own Estate; find Mr. Partridge in less than a year allowed him eight hundred j)Ounds charge of a Commission no more than mine granted in year 1703. Considering my great Expence & time in & for the Prov., reeorameud to you granting y^w'^'^maybe hon"''^ to Crown's Commission. Aug*'', 1714, laid before Councill an allowance for my comeing into Province several times as by minute s*^ Council ; nothing tlierein Done. P'suant to an Instruction propose an act be i^ast in Assembly w'by Creditors of p'sons becoming banckrupt in England & hav- ing Estates in IST. Hamp"" may be relieved & satisfycd for Debts owing to them. While I am in Prov : shall readily Act & consent to anj^ thing w"^^ may be oftered for service crown & Government. Joiix Usher. Adjourned to 12 o'clock to-morrow. Province of N. Hamp. Mett again according to adjorm*, being the 9"^ instant. Present, Natli' Wear, ) ^ Jno. Plaisted, ) ^ Sam^ Penhallow, \ ^^'^^' Mark Hunking, \ ^^*1^- Mr. Treasurer Penhallow brought in his Acct. & laid the same before this board, w'^'' was Immediately sent down to y° house of Representatives. Adjourned to 2 o'clock, p. m. 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 595 [p. 500.] Province of New Hamp''. Mett again according to adjournm*. Present, The Hon'"« Jno. Usher, Esq., Natli' Wear, ) John Plaisted ) EiclV' Waldron, \ Esqs. Mark Hunking, [ Esqs. Sam' Penliallow, ) John Wentworth, ) His Honour the L' Gov' intimated to this board that he was very desirous of knowing the true state '& condition of this Province, & y' in order thereto, it was necessary that the Collector of the Duty upon lumber should bring in ac- counts. The Council concurred vf"' his honour's opinion in that matter ; and accordingly Jno. Plaisted, Esq., was sent down to notify the Assemjbly of the opinion of this board & Inform the s'^ Collector accordingly. Sam' Penhallow tfc Jno. Plaisted, Esqs., together with the Clerk of the Councill, were appointed to qualify Capt. Nich" Gillman to be a memb'' of the House of Representatives,* by administering y° Oathes, instead of the Oathes of alle- giance & supremacy, unto him, the s'^ Gillman, w^*" was ac- cordingly done. Adj'' till to-morrow, 10 o'clock, a. m. Pro. of N. Hamp^ Mett again according to adjornm*, being y^ 10*'' instant. Present — Ut Supra. The Clerk was sent down from y*" Councill boarde to y** house of representatives to enquire whether they had any thing to offer to this board; they answered, They had noth- ing to offer at Pres*, but in the afternoon they should have something to present. Adjourned to 2 o'clock, p. M. *3Iemoranilum. That Capt. Nicklas Gilman was Qiiallified an a memlber of tlie house according to law. — Journ. House, Sept. 9th, 1715. 596 PROVINCE OF NEW-HAMPSHIRE. [1715, Province of N. Hamp. Mett again according to acljorm*. P'st — Ut supra. The Committee appointed to view j'' Fort at N. Castle, And to make report of the state [p. 510.] thereof, made y return to this board, w*^^' being read was sent down to y° house of representatives. Sam' Pcnhallow, Esq., was sent down to the house of rep- resentatives to Enquire whether they had any thing to offer to this board ; they answered they were just now sitt down to Debate matters & had not as yet resolved any thing. Adjourned to Monday, 2 o'clock, p. m. Province of N. Hamp^ Att a Councill & gen' Assembly held at Portsmouth, Sept. 12*'', 1715, by adjornm*. Present, Nath' Weare, ) John Plaisted, ^ Rich'' Waldron, > Esqrs. Mark Plunking, V Esqrs. Sam' Penhallow, ) John Wentworth, ) Coll. Shadrach Walton's Account from March 2G"\ 1715, to 7'^'" 7'", 1715, for y° Fort Will'" & Mary, was read at this board, & sent down to the house of representatives. Adjourned till to-morrow, 10 o'clock, a. m. Province N. Hamp''. Mett again, according to adjournment, being the 13"' instant. Present, The Honourable Jno. Usher, Esq., Lt Gov'', & cetera — Ut Supra. Sam' Pcnhallow, Esq., was sent down to the house of rep- resentatives to Enquire whether they had any thing to offer 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 597 to this board ; They answered, there were several of their house absent, and y* y° matters were still in debate. Mr. Sam' Easman was sent from the honse of represen- tatives to this board, w*** their answer to his Hon"^ the Lt. Gov" Speech, w'^'^ was read, as followeth : May it please yo'r Hon^r^ — We have read k consid'red yo'' Hon''^ Speech to us this session, [p. 511.] The Province accounts are generally made up once in the year ; they were so done in March last, & provision taken for paym' of the Debts. ^Ve have p'rused the Treasurer's Estimate of the Pro. affairs, and thereby find no money in the treasury. "We expect w" his Excellency Gov. Purges arrives in the Massachusetts Goverm*, there will be time enough for our Preparation for his reception here. There being formerly an ord'' of Councill about a Ijoat for the King's Fort, & there being one now built, suppose that may answer for that service. 12"' Sept., 1715. By order of y'' house of representatives. Sam^ Keais, Clerk. The above Answer (to his Hon" Speech) being read at y* Councill board, was sent down to y® house of represen- tatives for amendm' of that paragraph relating to y® boat for his Maj'ties fort Wm. i. o James Davis, t>. Geo. Jattrev, > 1 ortsni". r, i m-i i x Dover •^ ' ' banr libbcts, \ John Dam, Newinc'ton. Rich'' Wibirt, Messrs. < Jos. Smith. Hamp". S™:,T'>;"g: Sam. Easman, Kingston. New Castle. Sha^^ Walton, ^ Theo. Atkinson, [p. 514.] The Clerk was sent down to y* house of repre- sentatives to desire them to walk np into y° Council Cham- ber. Yy [they] came accordingly, w'" his hon'' y** Lt. Gov'' told them y* as they were now qualifyed by Takeing y'' oathes, &c., so he desired them to settle their house & then make return of their Speaker, in ord'' to proceed in y° ser- vice of y*^ King & Goverment. The House of representa- tives departed y" Council Chamb''& quickly returning again Presented Rich'^ Gerrish, Esq., their Speaker ; who was well accepted. Ordered, That Thursday, y*^ IT"' of this Inst. November, be observed as a day of Pubiick Thanksgiving, throughout this Province, k that y® Clerk Issue out Proclamations accordingly. Adjourned to to-morrow, 9 o'clock, A. M. *From Jouni. of the House, Nov. 10, 1715. "The House being informed that JSIr. Jabez Dow is at this present time a Constable in the Town of Hampton, and he owning himself so to be, is thought a person unqualifyed, and therefore by order of tlie Houie, he is dismissed, and a notification sent to the Town of Hamptcn, to choose one in his Room, that may be qualifyed." 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 601 Pro : of N. Ham|/. Mett again according to adjorm*, being the O"-' Inst. Present, The Hon'"'^ Geo. Yanghan, Esq., Lt. GoV, Eob' Eliot, ) Jolni Plaisted, ) ^ Rich^^ Wakh-on, [ Esqs. Mark Hunking, \ ^^^^' Sam^ Penhallow, ) James Davis, Esq., was sent to this Board to inform y* there was a full house of representatives. The Clerk was , sent down to y° house of representatives to call them to y° Councill ])oard, who came accordingly, w'^ was read to them his hon"" y*^ Lt. Gov''^ Speech, & then delivered to them, to be more fully considered of. [Speech of Lt. Gov. Vauglian, copied from Journal of the House, May 9, 1715.] Gentlemen, — The knowledge I have of y" Extraordinary abilities and long- Experience of his Excellency y« Gov"" & y^ Hou"'= the Lt. Govr who for many years have filled that place, makes me anxiously solicitous to use all Dilligeiice, that I may not be wanting in my Duty to y"= Crown, & to promote the wellfare and prosperity of this his Majestie's Province. Wee have (Blessed be God for his Divine favour) full assurance of y happiest Estate of y« British Monarchy, which hath been Miraculously Exterpated from Desolating Kuine devised by Con- spiring Monsters, both at home and abroad* ; And we are now reaping the advantages of the King's Majestie's wise & just ad- ministrations, who hath Preseryed us our Religion & Properties, & confounded all the machinations of Rebellious Impostures. It remains that wee manifest our Duty & aflection for his Maj- estie's Sei-vice & Goverment in this Small & Poor Province ; that we care for the general good of liis good subjects here, by establishing wholesome Laws to Suppi-ess Vice & Encourage Vir- tue, and enforce y'^ due Executiou of them; in our Respective Places to lead & prompt all persons whatsoever in doing their duty to their superiours, which tends much to the establishment of good Goverment; to which Purpose I shall readily, Avhile I have the Honour to hold my station, adhere to your Council & ad- vice, to give countenance to the virtuous and well disposed, but my Endeavours for the Punishment of all guilty olienders. ♦This has refereuce to the overthrow of the conspiracy and rebellion in England to place the " Pretender " on the throne. See History of England, 1715. 602 PROVINCE OF NEW-HAMPSHIRE. [1715. I tliiiik it proper to put you in uiiiul of y*" miserable estate of y« Castle, that due care be taken for its Repairs, and y' it may be done as seasonably as the Spring will admit. The Deficiency of y" Goal which is uncapable of holding the lOng's prisoners, through its defects & improper situation. It is necessary for you to see the money ordered to be burnt, by June last, be now committed to y'^ flames, and that you be satisfied about tlie monej' which was borrowed out of the Treasury. I pray you to give proper Directions for an honourable Recep- tion of Coll. Burges, our Gov'', when he shall come among us, and to iiominale and Desire proper Pei'sons to congratulate and pay y^ DutifuU Respects of this Goverment when it shall please God to bring him into this Country. Tlie necessity of having An Assembly hath occasioned such a speedy convention: Avhat is now needful maybe considered & despatched, for j)robably the arrival of Gov"" may occation another session ; and it is my hope and desire, that no former Disagree- ments or Difl'erences whatsoever may put us out of y'^ way of our Duty to y" Crown & Goverm*. but rather, that our past Conten- tions may make us more Desirous of our own and all our neigh- bors' Peace and Tranquillity. Geo: Vaughan. . {}^' &">, 1715. [p. 515.] James Davis, Esq., brought up y" following vote from y° house of representatives : Prov : N. Hanip^ Voted, Mr. Wibert & Capt. Peter Wear, he a Committee of the house to joyn w*'' such as may be chosen of y*" Coun- cill, to view y*" Prison & make report to y*" Gen^ Assembly of w* is proper to be done for securing prisoners. 9"! Nov. 1715. Past by order of y'' house of representa- tives. Theo. Atkinson. The Councill concur with y^ above vote, & have accord- ingly chosen Robert Eliot & Mark Hunking, Esqs., to joyn -^ui ye ggj;itn afores*^ for y*^ service aboves'^ Pr. ord'' of Councill. R. Waldron, Cleric. Con. Adjourned to tomorrow, 10 o'clock, a. m. 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 608 Pi'ov : of N. Ilamp'". Mett again according to adjoiirnm*, being y" 10"' inst. Present, The Hon'"'*^ Geo. Yaughan, Esq., Lt. Gov% RoV Eliot, \ ^^^^^ Sani^^Penliallow, j ^.^^^^ Rich'' Waldron, ( ^''^'^' Mark Hunking, Sam^ Penhallow & Mark Hunking, Esqs., together w*^ y® Clerk, were sent down to y'^ house of representatives w**' a letter superscribed to the Hon*'''" y*^ Gen' Assembly of this Province, subscribed by John Usher, Esq., also to be read to y™ y'' Minutes of Council relateing to the Publication of y® Hon''''"' Geo. Vaughan, Esq., his Commission to be Lt. Gov'' of N. Hampshire. [p. 516.] Messrs. Joseph Smith & Rich'' Wi'iert were sent up to this board to pray y"^ Lt. Gov''^ favour, in allow- ing y** house of representatives a sight of his Honour's Commission. The Clerk was sent by the Hon"''« Geo. Yaughan, Esq., Lt. Gov'', to y® house of Representatives, with his honour's Commission & ord'' to read the Same publickly, in said house, which was accordingly done. Col. Shadrach Walton was sent from y"^ house of repre- sentatives to y*" Councill board to declare, in y'^ name of that house, that they were nnanimously of opinion, y* y^ Hon"''° Geo. Yaughan, Esq., his Commission to be Lt. Gov'" of N. Hamp'' was authentic & strong, & y^ Coll. Ush- er's was null & void. Col. Shadrach Walton brought the following vote to this board : Yoted, That Col. Walton & Capt. Davis joyn w'" two of y^ Gent" of the Councill, to wait on Col. Usher in answer to his letter, that we are satisfyed in Lt. Gov'' Yaughan's Com- mission for y*" Goverm' of this Province. Pr. Ord'' of y® house of representatives. 10^'^ Nov., 1715. Theo. Attkiuson, Cleric. 60-1 PROVINCE OF NEW-HAMPSniRE. [1715. The Councill concurr with y'' above vote, & have chosen Rob* Eliot & Samuel Penhallow, Esq., accordingly. Pr. Order of Council. R. Waldron, Cleric. Con. Adjourned to 3 o'clock, p. m. [p. 517.] Pro. of N. Hamp^ Mett again according to adjornm*. Present — As Before. Mr. Sam' Tibbets brought a lett'' to this board, directed to y*^ Gen' Assembly, from John Usher, Esq., w^** being opened & read, was sent down pr. y'^ Clerk to y*" house of rep- resentatives. The Clerk was sent down to y° house of representatives to inquire whether y^' had anything to offer to y® Councill : they answer, not at this Juncture. Adjourned to to-morrow, 10 o'clock, a. m. Pro : of X. Hamp"". Mett again according to adjornm*, being the 11^'' Inst. Present, The Hon'^'*^ Geo : Vaughan, Esq., Lt. Gov"", Rol)* Eliot, ) y Sam' Penhallow, ) ^ Rich'' Waldron, j ^^^^- Mark Hunking, j ^^*1^' Mr. John Dam brought up a vote from the low'' house to this board, appointing Col° Walton to be of a Committee to make tole of y*" money remaining unburnt, w'"'' was sent down for amen dm'. Mr. John Dam brought up a vote from y"^ house of repre- sentatives, to allow y** memb'* of his Maj"''^ Councill four shillings a piece pr. diem, during y** Session of the Generall Assembly. [p. 518.] Theo. Atkinson, Esq., brought up y^ following answer to y'^ hon""'" Lt. Gov" Speech : 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 605 Att the last Session of y'' Gen' Assembly, a Committee was chosen to view the Fort at New Castle, and make Re- turn of y° circumstances thereof, and according to their Return we shall proceed thereon. "Wee have chosen a Committee to look into y*" Defects of y'' Prison, and shall act y° neodfull upon their Return. Wee appoynt Coll. Walton in y'' Room of Mr. Wingate, to sec the Remains of Pro : Bills burnt ; and order it to be done forthwith. As to the 1500 pounds left with a Com- mittee to be let out, wee are satisfyed that they have done it and taken sufficient Bonds for the security thereof, and order them to be left in y'* Custody of the p'sent Speaker of this House, Rich'^ Gerrish, Esq. Wee are Informed that his Excellency, Coll. Burges, will not be here this winter : So conclude it may seasonably enough to make Provision for his Reception at y" next Ses- sions of y'' Gen^ Assembly. By ord'" of y° House of representatives. 11*'^ Nov., 1715. Theo. Atkinson, Clerk. [p. 519.] Rob' Eliot, Esq., was chosen of a Committee from this board to joyn with Col. Walton to make tale of y° remaind'' of y'' Prov : bills Voted to be burnt by y° tenth of June last; who accordingly did tell over s*^^ Bills amounting to one hundred thirty-four pounds, nineteen shillings, w"^"^ w"* what was burnt before, is the full sum of one thousand pounds ; & w*='' were committed to y'' flames & burnt in p'sence of s'' Committee & the Assembly. Richard Waldron, Esq., was sent down to the house of representatives to desire y'' house to explain y"'selves in these articles contained in y'' answer to y° hon"*^ y^Lt. Gov'" speech : viz., ab' y'^ Committee for viewing y° Castle ; ab' y*" Prison ; & ab' y'' bonds taken for the fifteen hundred pounds. The following Petition being Presented to this board by Messrs. Nath. Hill and Stephen Jones, was read in Councill as follows : 606 PROVINCE OP NEW-HAMPSHIRE. [1715. To the IIoii'''<' Geo. Vaughau, Esq., Lieut. Gov"", Councill & rep- resentatives, convened in General Assembly : Tlie Humble Pe- tition of his Maj'ties good subjects, y" Inhal)itants of that part of the town of Dover commonly called Oyster river, Most humbly shcwetli : Whereas by mutuall agreem' the Inhabitants of Oyster River have, for many years past, made choice of their own Minister & paid his sallary, accordin.g to y" conditions of s'^ agrcem' as it ap- pears in Dover toun boolc of records, reflerence thereto being had, & that y*^ selectmen of y^ toun in generall, (two whereof have been annually chosen w*'^in y'' district of Oyster river) have all along made rates for y*^ severall ministers & taken care that the same be paid to [p. 520.] y" s'' ministers according to the sailaries they have been agreed w"* for, untill of late, (viz.) y^ hist j-ear's rate is either by y'= neglect of y'= Constable or y" selectmen, or both, so retarded, that y'' minister wants subsistance ; nor can we understand that y^ selectmen have or are ab* to make any rate this year for y"^ minister ; so that, either some few of us must maintain a minister or we must be w^'out one & return to Dover again, w'^'' was tliought a hardship more than forty years ago; «fc a liberty gi-anted as above ; & much more hard will it be now we are in- creased to double the number we then were; so that we most humbly pray yo'' Hon" will please to send for y^ Constable & se- lectmen to answer for y'' neglect as above, & that we may have pow'' granted us, as yo'' Hon™ were pleased at first to grant unto y^ Parish of Newington, (viz.) to chuse three or five p'sons annu- ally, w*^*^ being clioseu by a majority of voices present at such election, may assess & tax y'= Inhabitants of our s'^ Parisli propor. tionably iu a rate for y*' discharging such a sallary as the Parish shall agree to settle upon any minister of the Gospell that we at p'sent have, or hereafter may be fixed amongst us ; Lilcewise, that we may have pow'' to choose & settle a schoolmaster upon such terms as we shall agree, w"'out any other regard to the town in generall than that y" Constable annually chosen at the general town meeting for collecting y" Prov: tax in our district, may also collect our Parish dues ; And yo"^ Petitioners shall ever pray, as iu Duty bound. Presented by Nath. Hill iu behalf of y*' subscribers. Jeremiah Burnham, Elias Critchet, jun., Steplien Jones, James Nock, Elias Critchett, John Tompson, Sampsoii Doe, [p. 521.] Joseph Jones, Joseph Dudley, John Chesley, 1715.] JOURNAL OF COUNCIL AND ASSEMBLY, 607 John Buriiham, David Davis, Abraham Beunick, John X Gray, —mark, Joliii Eawliiis, James Bickforcl, Sam' X Perkins, — marlc, Will"' X Duly,— mark, John Doe, John York, Joseph Chesley, John X Cromell, mark, John Buss, jun., Philip Chesley, Joseph Davis, John Toinpson, sen., John Smith, "\Yill™ Jackson, David Kincaid, Jonathan Chesley, Volentine Hill, Ichahod Chesley, jun., Thom^ Alin, The foregoing Petition being read at y" board, was sent down by y*^ clerk to y" house of Representatives. Theo. xVtkinson, Esq., p sented a Memoriall to this board relating to the takeing bonds for y*" fifteen hundred pounds subscribed by y* Committee appointed to lett out s'' mony. Adjourned to to-morrow, 10 o'clock, a. m. John X Sias, — mark. Job Renholds, Sam' Chesley, jun., Sam' X Chesley, — mark, Cornelius Drisco, Rob' Burnham, Peter Mason, Jon'^ Simj)Son, Eob' Tompson, Sam' Hill, John X Renalls, — mark, Josh'^ X Davis, — Moses Davis, juu., Will'" Leathers, Francis Pitman, Ely Demeritt, Naphlati Kincaid, James Jackson, Tho : Wille, James Burnham, Rob' Huggins, Jon^ Woodman. [p. 522.] Pro. X. Hamp'-. At a Councill & Gen^ Assembly held at y^ Council Chamb'" in Portsmouth, by ad- journmS Nov 12"\ 1715. Present, The Hon'^^« Geo Yaughan, Esq., Lt. Gov^ Rob^ Eliot, ) ^ Sam' Penhallow, | ^ Rich'^ Waldron, \ ^*^''' Mark Hunking, \ ^^'^'^' Mr. Speaker Gerrish came to this board & brought w"" 608 PROVINCE OF NEW-HAMPSHIRE. [1715. him several bonds, given by y'' borrowers of the fifteen hundred pounds out of the treasury, & informed his hon'' that ye house of representatives was well satisfied Avitli y° security given for s'^ mony & y*" lodgm* of s'^ Bonds. Messrs. James Davis & Peter Wear came from the house of representatives to this board, to declare, in y*^ name of that house, that they w^ere unanimously satisfyed in y® dis- posall of y" fifteen hundred pounds lent out of the Treas- ury. James Davis, Esq., brought up a vote to this board rela- ting to Oyster river Petition, w*^^ was sent down for amendm'. Mr. Geo. Jaffrey brought y" following Petition to this board. To the Hon'^>° y'^ Lieut. Gov^' & Councill :— Whej-eas there is a report y' a Compl^' is mnde ag*' y*' legality of the choice of the representatives of the town of N. Castle ; w°'^ severall of this house is dissatisfyed att, & desire to be informed thereof. By order of y*^ house of representatives. 12 Nov'-, 1715. Theo. Atkinson, Cler. [p. .32o.] The foregoing Petition being read in Councill, the Clerk was sent down to the house of reJDresentatives to Inform them, y* y° Lt. Gov'' & Councill did not att p'sent know any thing of a Compl^ mentioned in y'^ Petition, & that when they do, information shall be given accordingly. Theo. Atkinson, Esq., brought up the following vote from y° house of representatives to this board : A Petition Presented pr. Capt. Nath. Ilill from sundry inhabitants of the Parish called Oyster river, upon reading Baid Petition, — Voted, That y^ selectmen of Dover & y'' Constable of that district called Oyster river be notifyed to attend y^next 1715.] JOURNAL OF COUNXIL AND ASSEMBLY. 609 session of y*^ Geu^ Assembly, & some of y° Petitioners ap- pear likewise, w"' y'' town records relating to s*^ Parish. By order of y'' house of representatives. 11"' Nov., 1715. Thco. Atkinson, Cleric. Eodem die. Voted a concurrence in Councill, & ordered that y" clerk send a copy of s'' Petition to y*^ selectmen of Dover, to- gether w"^ a summons to y™ y*" s'' selectmen, & to y" s'' Con- stable abovementioned, to make y'" appearance at the Coun- cill board on Monday, the 28'^ inst., to answer y'' Compl* exhibited ag"' y™ in said Petition. By order of Councill. R. Waldron, Cleric. Con. [p. 524.] The Clerk was sent down to the House of re}> resentatives to desire them to come up to y° Councill lioard, in ord'' to have a Conference ab' y*" goal : They came ac- cordingly, when his hon'' the Lieut. Gov'' informed them of the great difficulty of Amending y*" goal, by reason of y° unsuitableness of its situation, & gave his opinion y*^ 'twas absolutely necessary y' y** said goal should be removed. Theo. Atkinson, Esq., brought up a vote from y® house of representatives relating to y'^' removeall of y'^ goal next year (1). Mark Hunking, Esq., together w'" y*" Clerk, were sent down to the House of representatives by y" Hon''''" y'' Lt. GoV, to adjorn y*' s^^ house unto Monday, y« 28"^ of y® Inst. Nov"", to which time the Gen' Assembly of this Pro : stands adjorned. Adjorned to Monday, y'^ 28"' of 9'"', 10 o'clock, a. m. (1 ) [From Journal of the House.] Voted, TLat the Present Goa": Keniain where it now stands unfill next year; and ■what is absolutely necessary to secure Prisoners yriu this winter, be forthwith done, aud that nest Spring this be removed, or a new one built in some other more con s'en- ient place, as the Generall Assembly shall think litt. 12 Nov., 1715. 39 610 PROVINCE OF NEW-HAMPSHIRE. [1715. Pro. of N. Hami^. Att the Councill Chamber in Portsm*, 9'^-- 28">, 1715, By Adjornment. Present, The Hon"*^ George Yaughan, Esq., Lt. Gov'", Adjorned to Tuesday, Nov^'y*' 29"', 1715, ten o'clock, a. m. [p. 525.] Pro. N. Hamp^ Att a Councill & Generall Assembly held at Portsm° by adjornment, Nov. 29'^ 1715. Present, The Hon"'' George Vaughan, Esq., Lt. Gov"", Kobt. Eliot, Sam^ Penhallow, Esqs. Adjorned to 2 o'clock, p. m. Pro. N. Hamp^ Met again According to adjornment. Present, The Hon'^''= George Vaughan, Esq., Lt. Gov^ Robt. Eliot, ) Rich'' Waldron, \ Esqs. Mark Hunking, ) y Sam' Penhallow, ) John Plaisted, ] ^ ' James Davis, Esq., came to this board from the House of representatives, to inform that several the memb''^ of that house were absent, (viz.) those of Hampton, Exeter & Kingston, and to pray advice thereab*. The Lieut. Gov'' & Councill advised that there be forlliw"' summons esprest away to y*^ severall memb''® belonging to y"^ severall towns afors'', to give their attendance in Gen' sessions. Adjorned to to-morrow, 10 o'clock, a. m. 1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 611 Pro. N. Hamp^ At a Coimcill & Generall Assembly held at Portsm'' by adjornm*, 9*^^ SO*"^, 1715. Present, The Hon''^* George Yaughan, Esq., Lt. Gov'', Robt. Eliot, ) -n Sam' Penhallow, ) p Rich'' AValdron, \ ^^'^^- John Plaisted, \ ^^'l^* John "Wentworth, Esq. Adjourned to to-morrow, 10 o'clock, a. m. [p. 526.] Pro. N. Hamp^ At a Councill & General Assembly held at Portsm° by adjornm*, Dec. 1^*, 1715. Present, The Hon"'^ George Vaughan, Esq., Lt. Gov% Rob' Eliot, ) p Sam' Penhallow, ) p Rich'^ Waldron, j ^^^^' Mark Ilunking, \ ^^'l^' John Wentworth, Esq. Sam' Penhallow, Esq., together with the Clerk, were sent down to the house of representatives to administer the [oathes] appointed by law instead of the Oatlies of Alle- giance and supremacy, unto Mr. Eph™ Marston, thereby to qualify him to l)e a memb"^ of that house (1). Adjorned to 2 o'clock, p. m. Pro. N. Hamp^ Mett again according to adjornment. Present — as Before. The Clerk was sent down to the house of representatives (1) [From Journal of the House.] Mr. Eplia. Marston appearing and brought a certificate from Hampton, that he was chosen as Kepresentative in the Room of Mr. Jabez Dow. 30 Noy'r, 1715. 612 PROVINCE OF NEW-HAMPSHIRE. [1715. w**" a vote for the speedy printing of the Laws of this Prov- ince.* Capt. Nath. Hill & Mr. Stephen Jones appeared at this board, in behalf of the subscribers of Oyster river Petition. The Selectmen of the Town of Dover also made their ap- pearance to .answer to the Complaint exhibited ag* them in s"^ Petition, as on file, bearing date Dec. 2'\ 1715. The Constable complained of in s*^ Petition did not ap- pear, — return being made that he was very ill. [p. 527.] Upon hearing both Parties : Ordered, That they w*'"draw for the p'sent & give their attendance again to-morrow at 10 o'clock, a. m. In Councill, Yoted, That the Laws of this Province be forthwith printed. Pr. Ord-^ of y'' Lt. GoV & Councill. IQbr i^t^ 1715. R. Waldron, Cleric. Con. Concurred w"^ pr. y*" House of Representatives. Dec. l'\ 1715. Pr. Ord>- Theo. Atkinson, Clerk. Voted, That an Act be past concerning Banckrupts. 1 Dec. 1715. Pr. Ord'" of the House of representatives. Theo. Atkinson, Clerk. Pr. Order of the Lieut. Gov"" & Councill. R. Waldron, Cleric. Con. His Hon'^' the Lieut. Gov'' asked the advice of the Coun- cill ab' renewing Commissions, & The Councill answer, That 'tis proper all Commissions w*^in this Prov., both Civill & Military, be renewed, & that the sooner 'tis done the better. Theo. Atkinson, Esq., brought up y^ following vote of Concurrence to this board : * The rust2>riiifed edition of Province Laws was in 1716. "Boston, in New England: Printed by B. Green; sold by Eleazer Kussel at liis shop in Portsmouth, 1716." 1715.] JOURNAL OF COUNCIL AND ASSEMBLY, 613 In Councill, Yoted, That Sam' Penhallow and Jno. Wentwortli,Esqs., be of a Committee from this board to Joyn [p. r)28.] w"" such as shall be chosen by the House of representatives to draw up an Act relating to Banckrupts. Pr. Ord-^ of the Lieut. Gov-" & Council. Dec. 1, 1715. R. Waldron, Cleric Con. Voted, That Capt. Davis & Col. Waldron joyn w'*^ the gent" of his Majestie's Councill, as a Committee. By order of the House of representatives. Theo. Atkinson, Cleric. Dec. 1, 1715. Adjourned to to-morrow, 10 o'clock, a. bi. Pro. N. Hamp'. At a Councill and Generall Assembly held at Portsm° by adjornm*, 10^' 2\ 1715. Present, The hon'le Geo. Yaughan, Esq., Lt. Gov"", Robt. Eliot, ) John Plaisted, J Rich'' Waldron, [ Esqs. Mark Hunking, \ Esqs. Sam' Penhallow, ) John Wentworth, ) Capt. Nath. Hill & Mr. Stephen Jones appeared at this board to prosecute their complaint ag'' y^ selectmen of Dover. John Ambler & Joseph Mead"", two of s'' Selectmen, also appeared & p'sented a memorial referring to y'^ Dover Con- stable, as on file, bearing date, Dec'' 2'', 1715. Ordered, That both p'ties withdraw. Adjorned to 2 o'clock, p. m. [p. 529.] Pro. N. Hamp^ Mett again, according to adjornm*. Present — as Before. The Oyster river Petitioners & the adverse p'tie being called, made their appearance at this board. 614 PEOVINCE OF NEW-HAMPSHIRE. [1715. Ordered, that both p'ties w*''draw & give their attend- ance at this board, at y^ next sessions. Ordered, That the Selectmen of Dover forthw*^ proceed to call to an account Jos. Davis, y^ last years Constable for that town, in y'' district of Oyster river, & see that he, the s^ Constable, make up his accounts & pay the money w*^'^ by warr' he was oblidged to collect according to the precept in s^ warr', & in case the s^ Constable fail of his Duty, then to treat him as y* Law directs in such cases, and that the s*^ Selectmen forthw^^^ make an assessm* as formerly, on the inhabitants of the Parish of Oyster river for* the sup- port of the p'sent Minister, Mr. Buss, until another minis- ter shall be called and settled in his room. Pr. Ord"" of the Lieut. Gov'' & Council. R. Waldron, Cleric. Con. Mr. Treasurer Penhallow was sent down to the House of representatives w"* y** Oyster river Petition, p'sented by Messrs. Hill & Jones, & the Counter Petition p'ferred by Messrs. Mead' and Ambler, w"^ other papers relating to that matter ; likewise a vote of the Councill thereupon. [p. 580.] Sam^ Penhallow & John Wentworth, Esqs., were sent down to the House of Representatives, w'^ the Bill relateing to Banckrupts. Theo. Atkinson, Esq., came to this board from the house of Representatives & declared in the name of y* house, that 'twas in the pow"" of the L* Gov'' & Council to give ord" respecting the Constable and Selectmen of Dover, w*''out y® Concurrence of y® Assembly. The Clerk was sent down to the house of representatives w*'^ a vote for a Committee to supervise y*" Laws in ord'' to their being printed, &c. Adjourned to to-morrow, 10 o'clock, a. m. *Rev. Jolin Buss was the first minister who statedly officiated in Oyster river. His house aiid library was burnt by the Indians in 1694. He died, 1736, at the great age of 108. Farmer & Moore say, (N. H. Gaz., " Durham") that Mr. Buss " was never orUaiued." Tlie above record seems to imply the contrary. 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 615 Pro. N. Hamp'^ At a Councill & Generall Assembly held at Portsiu'', by adjonmi^ Dec. 3, 1715. Present, The Hon''''' Geo. Vaughan, Esq., Lieut. Gov'', Sam^ Penhallow, ) -^ , Mark Hunking, ) y^ John Plaisted, j ^ * John Wentworth, ) ^^^ Theo. Atkinson, Esq., brought the Bill ab' Banckrupts from the house of representatives to this board, & prayed that it might be enacted ; which was done accordingly. Theo, Atkinson, Esq., brought up y® following Vote of Concurrence to this board : Voted, that John Plaisted & Mark Hunking, Esqs., together w"^ Mr. Sheriff Pliipps, be of a committee to 'join w'^ such as shall be [p. 531.] chosen by y*" house of Rep- resentatives to supervise y'' laws of this Province, & to col- lect them into a body to be printed, & y' y*" clerk give his attendance on s'^ Committee. Pr. ord-^ of y° Lieut. Gov"" & Councill. Xb"^ 3d, 1715. R. Waldron, Cleric. Con. Yoted, Mr. Speaker Gerrish, Maj"" Smith & Mr. Atkin- son, joyn w*'' y*' gent" of y*" Councill as a Committee. By order of y*" House. Theo. Atkinson, Clerk. Xb"- 3d, 1715. Adjourned to Tuesday, Dec. 20th, 1715. Pro. N. Hamp^ At a Councill & Gen' Assembly held at Portsm'' by adjornm*, Dec. 20, 1715. Present, The Hon'-'" Geo. Vaughan, Esq., Lieut. Gov"", Rich'' Waldron, ) j^ John Plaisted, ) ^ Sam' Penhallow, j ^^^^'^' Mark Hunking, \ ^^^^'^^ John "Wentworth, Esq. The Clerk was sent down to y'' house of representatives w*'' a vote ab* a Constable's Watch, &c., viz : 616 PROVINCE OF NEW-HAMPSHIRE. [1715. In Councill, Voted, That there he an Act past for a Constahle's watch to be kept in each town withhi this Province, as the Jus- tices thereof shall see meet, in y® night season, & y* Sam' Penhallow & Mark Hunking, Esqs., be of a Committee to draw up a bill accordingly. By order of y'' Lt. Gov"" and Councill. lOb'^ 20th, 1715. R. Waldron, Cleric. Con. [p. 532.] Mr. Geo. Jaffrey brought up y*' following vote of Concurrence : Voted, That Messrs. Jeffrey & Atkinson be a Committee to joyne w"' a Committee of y® Councill to draw up an Act according to y^ abovej'ote. By order of the House of rep- resentatives. 20th Dee., 1715. Theo. Atkinson, Cleric. Capt. NatW Hill, in behalf of y'^ Petitioners of Oyster river, appeared at this board, & Messrs. Jno. Meader and John Ambler, in behalf of y*^ adverse p'tie. Both p'ties desired a longer tune to accommodate y'' differences among themselves. Whereupon y'' matter was suspended till y" next sessions of y'^ Gen' Assembly. Adjorned to to-morrow, 10 o'clock, A. M. Pro. N. Hamp''. At a Councill and Gen' Assembly held at Portsm° by adjornment, Dec. 21st, 1715. Present, The Hon''"' Geo. Vaughan, Esq., Lieut. Gov% Rich'' Waldron, ) -^ John Plaisted, ) -^^ Sam' Penhallow, j ^^^^' Mark Hunking, j ^^^^• John Wentworth, Esq. The Clerk was sent down to the house of representatives, to desire them to come to y® Councill board, in ord"" to a Conference. They accordingly came, where was recom- 1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 617 mended to their consideration l)y y® Hon''^'- y'' Lt. Got'', ye raising of money to defray y*" accruing charge of y" Prov. ; y® adjusting y" boundaries of y° several towns or Parishes ; y^ bringing Isle of Shoals & Kingston into y*" Pub. tax. Adjourned to-morrow, 10 o'clock, a. m. [p. 533.] Pro. N. Hami/. At a Councill and General Assembly held at Portsm° by adjornm', 10'^"^ 22^ 1715. Present, The Hon'''^ George Yaughan, Esq., Lt. Gov% Rich^ Waldron, ) .. ^^ John Plaisted, \ ^ Sam' Penhallow, ] ^^^^' Mark Hunking, John Wentworth, Esq. The Clerk was sent down to y° house of representatives w*^ a Petition p'ferred by Mr. Tho. Partridge, as on file, bearing date Dec. 10th, 1715. Mr. Sberriif Phipps made a representation of the deficiency of y'' Goal, &c., in writing, w'=^ being read, was sent down by y*" clerk to y*^ house of representatives. The Clerk was sent down to y'' House of Representatives w*'' a vote for building a Court-house in Portsmouth. Mr. John Dam brought up a vote to this board for set- tling y*" bounds of y*" severall towns or Pari shes w"'in y^ Province, w'^'' s"* vote was sent back to y*^ house of repre- sentatives for amendm* by the Clerk. Mr. Rich'^ Wibert brought up a vote to this board for lim- iting y" number of Publick houses in each town w"'in y® Province. Mr. Rich*^ Wibert brought np the following vote to this board : Voted Isles of Shoals be notified to send a representative ag** y^ next sitting of y*" Assembly. 22d Dec, 1715, By ord^ Theo. Atkinson, Clerk. 618 PROVINCE OP NEW-HAMPSHIRE. [1715. In Coiincill, Voted a Concurrence. Pr. ord-^ of y° Lt. GoV & Council. R. Waldron, Cler. Con. Adjorned to-morrow, 10 o'clock, a. m. [p. 534.] Pro : N. Hamp^ At a Councill and General Assembly held at Portsm" by adjornm* Dec. 23"^, 1715. Present, The Hon"'^^ Geo. Vaughan, Esq., Lt. Gov--, Rich'^ Waldron, ) ^ Jolm Plaisted, ) ^^ Sam' Penhallow, ( ^'^'- Mark Hunking, \ ^^^^' Jno. Wentworth, Esq. Theo. Atkinson, Esq., brought up a vote to this board limiting y*" time of calling an Assembly. Theo. Atkinson, Esq., brought up a vote to this board for a Committee to p'ambulate y° town or Parish bounds w'4u this Province, w"^ was sent back to y*^ house of representa- tives (by y" Clerk) for amendm*. The Clerk was sent down to the house of representatives w*^ a vote relating to town bounds, &c. Adjorned to to-morrow, 10 o'clock, a. m. Pro : N. Hamp^ At a Councill and Generall Assembly held at Portsmouth by Adjournm' Dec. 21"', 1715. Present, The Honorable Geo. Vaughan, Esq., Lt. Gov"", Rob* Eliot, ) Sam' Penhallow, ) Rich^' Waldron, [ Esqs. John Plaisted, i Esqs. Nath' Wear, ) Mark Hunking, ) Theo. Atkinson, Esq., l)rought up y^ following vote of Concurrence to this board. Voted, That the town or Parish Bounds w^'^in this Pro- 1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 619 vince be run, & a Committee be chosen accordingly, whose names are as follow : Mark Hunking Esq., j p.^smouth, Capt. Iliclr u ibert, ] ' [P. 535.] Mr Peter Wear, j Hampton, Capt. Josh : W mgatc, ) ^ Nich" Gillman, Esq., \ i7„p.g„ Mr. Jon=^ Wadleigh, J ^-^e^^^' James Davis, Esq., \ ^ Capt. Tim° Gerrish, \ '^'^'' John Frost, Esq., N. Castle, Mr. Jon'^ Sanburn, Kingston. And what j" major Part of them do determine, shall be y® finall issue thereof ; and that each of y° s*^ Committee be allowed seven shillings pr. day for y' service, to be paid out of their respective treasuries, and they to make returns of their doings to the Gen^ Assembly between this & y" tenth of May next. Pr. ord"" of y^ Lieut. Gov"" & Councill. Dec. 23"^', 1715. R. Waldron, Cleric. Con. Dec. 24'^, 1715. Concurred with by y'^ house of repre- sentatives, & voted. That in case of any's neglecting or re- fuseing their service as above, y^ selectmen shall have power to appoint others in their room. By ord'. Theo : Atkinson, Cler. In Councill, Voted a Concurrence. Pr. ord'^ofthe Lt. Gov. & Councill. R. Waldron, Cleric. Con. [p. 536.] Mr. Geo. Jafifrey brought up a vote to this board for an Act to be past, making all book Debts, tliat shall be of more than two years standing, irrecoverable by law. (1) (1) The giving of Credit & Book keeping, Being necessary in carrying on trade: But accts. long Depending, often prove of ill consequence, for preventing of wliich. Voted, That no Book Debt shall be Eecoverable from the Date hereof, that shall be of more than three years standing, unless ye debt be under forty shillings; & that an Act be drawn up accordingly wth necessary exceptions.— /our?i. of House. G20 PROVINCE OF NET7-HAMPSHIRE. [1715. Thoo. Atkinson, Esq., brought up the followhig- Vote to this board : Voted, That Star Island, one of y** Isles of Shoals, be a town by the name of GtOSPORt. By ord'' of the house of rep- resentatives. 24'^ Dec. 1715. Theo. Atkinson, Cler. In Councill, Voted A Concurrence. lO*^"- 21*^ 1715. Pr. ord'- of y*" Lt. Gov-^ & Councill. . R. Waldron, Cleric. Con. This day the following vote (laid before this board two days agoe) was concurred w**^, viz : Whereas y^ multiplicity of Publick houses occasion many disorders, — Voted, there be but six taverns in y*' town of Portsmouth ; In the town of Hampton, three ; In the town of Dover, two ; & Oyster river, one ; In the town of Exeter, two ; In the town of New Castle, two ; In the Parish of Xewington, one ; ^ And no more in. the Province, & that all other tippling houses 1jc Suppressed ; the Justices at the quarter sessions to appoint & License the s'^ taverns. By Order. Theo. Atkinson, 'Cler. 22'' Dec. 1715. In Councill, Voted a Concurrence. Dec. 24"\ 1715. Pr. ord"". R. Waldron, Cleric. Con. [p. 537.] Messrs. Peter Wear & John Dam brought to this board from the house of representatives, a vote for p'senting to y'^hon'*''^ Geo. Vaughan, Esq., Lt. Gov^the im- post & excise mony for one year, (viz :) from June last past to June next ensuing, in consideration of his good service done to this Province. Sam' Penhallow and Mark Hunking, Esqs., were sent 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 621 down to tlie house of representatives, to conferr av"' that house ab* the Tote w*"" came from thence to y° Councill board, for p'sentmg his Hon'' Lt. Cov'' Yaughan w'" the Im- post and excise mony for one year, etc. John Plaisted and Mark Huukin^, Esqs., togodier w*'' the Clerk, were sent down to y'' house of representatives to adjorn f house to :^[onday, y' 2'' Jan-^' next ensuing, to w'^'* time also y"" Councill stands adjorned, viz., to y° 2^* Jan^', 1715-6. Pro : N. Hamp^ At a Councill c% Gen' Assembly held at Portsm% by adjornm' Jan^' 2'\ 1715-6. Present, The Hon'"'*^ Geo. Vaughan, Esq., Lt. Gov% Rich^^ Waldron, J Sam^ Penhallow, > Esqs. Mark Hunking, ) A Letter from y° Hon''^'^ y<^ Lt. GoV^ and Councill of y* Pro : of Mass^' to this Governm* relating to the running y" Partition line between y'' two Provs : of N. Hamp' & Mass*, bearing date Dec'" 26"', 1715, was read at this board, and is on file. Mr. Josh"* Weeks pTerrcd a Petition to this l)oard for an Enlargement of y*" Parish of Greenland ; y'' s'^ Petition was signed by Sundry y*^ Inhabitants of Squamscutt Patent, as on file. [p. 538.] Messrs. James Davis & Sam^ Tibbets came to this board to Informe y' y'"" was a full house of representa- tives (1). (1) [From Journal of the House,] 2d January, 1715-6. The House Mett,— Present. Davis, Marston, Jaffrey, Tibbets, Gillman, Wiberd, Walton, Thing, Smith, Atlvinson, Dam, Weare. The Siiealvcr being not able, by Reason of Sickness, to Come to the house in order to settle the house, Major Smith chosen Speaker pro tempore. 622 PROVINCE OF NEW-HAMPSHIRE. [1716. Roger Thomas p'ferred a Petition to this board for mony Due to him for services done at y*^ Castle in y*^ years 1710-1711, bearing date Jan^ 2^\ 1715-6, as on file. Adjorned to to-morrow, 10 o'clock, a. m. Pro : N. Hamp^ At a Councill & Gen^ Assembly held at Portsm" by adjornm*, the 3*^ Instant, Jan., 1815-6. Present, The Hon^^"^ Geo. Vaughan, Esq., Lt. Gov'', Rich'^ Waldron, Sam' Penhallow, f ^ The Clerk was sent down to j° house of representatives to propose to them the allowing six taverns in Portsmouth. The Clerk was sent down to the house of representatives w*^ two votes ; y® one for having Tythingmon in each town w^4n the Prov: and y'' other ab* oblidging all p'sons to attend y® Publick worship of God once a month. Adjourned to 2 o'clock p. m. Pro : of N. Hamp^ Met again according to adjornm*. Present, The Hon*''° Geo. Vaughan, Esq., Lt. Gov'', Rich'' Waldron, ) -r^^ Mark Hunkiug, ) -p Sam' Penhallow, ) ^^ ' John Plaisted, j ^ Mr. Sam' Tibbets brought up y® two following votes of concurrence to this board : In Councill, Voted, That an Act be past that no book Debt shall be ^7lf).'] JOURNAL OP COUNCIL AND ASSEMBLY. 623 recovered by Law that shall be of more than tliree years standing, [p. 539.] except y*" s'^ Debt be und"^ forty shillings. Pr ord"" of Lt. Gov. and Councill. Jan. 3^ 1715-6. R. Waldron, Cleric. Con. Eodem Die. Voted a concurrence. Pr. ord"^ of y° House of representatives. Sam^ Thing, Clerk.* In Councill, Voted, That An Act be past for y'' suppressing of disord" in licensed houses, & in ord'' thereto, that tythingmen f be chosen and sworn in each town w*''in the Prov. Jan. 2>% 1715-6. Pr ord-- of y° Lt. Gov-^ & Councill. R. Waldron, Cleric. Con. Eodem Die. Voted a concurrence. Pr ord'' of y*^ House of representatives. Sam' Thing, Cleric. Mr. Sam. Tibbets brought a vote to this board ab' altering y*^ Courts, &c. Capt. Sam' Weeks & Mr. Eben. Johnson appeared at this board to prosecute y® Petition preferred yesterday by Mr. Josh : Weeks, for An Addition to y'' Parrish of Greenland, w'^'' Petition was read a second time : & it was, thereupon, • Ordered, Whereas there is a Petition p'ferred to y^ board by sundry y*^ Inhabitants of Squamscutt Patent, live- ing on y'' eastw*^ side of the line running from Wall Creek to Hampton bounds, to be added to y° Parish of Greenland (and no body appearing to show cause why ord''* should not be given [p. 510.] accordingly) That all the Inhabitants living on y' East side of y'' line afores'' shall be and hereby * Pro tempore. t Tij1hin(/man,— m Xew England, a parish ofiicer annually elected to preserve good order in the church during divine service, and to make complaint of any disor- derly condnct.— Web. Die. This appears to be the first va.e.Tit\.on of tythingman'm. the Province Records. 624 rROviNCE of NEW-HAMPSHIRE. [1716. are jojned unto y'' rarish afores"^, and there to pay y^ min- ister's rates till further ord'*. Pr ord'- of y« Lt. Gov'' & Coinicill. R. AValdron, Cleric. Con. Adjorned to to-morrow, 10 o'clock a. m. Pro. N. Hani}/. At a Councill & Gen^ Assembly held at Portsm^ by adjornm', y*^ -i"' Jan^', 1715-6. Present, The Hon'""^' Geo. Yaughan, Esq., Lt. Gov^ Rob* Eliot, I p Sam' Penhallow, ) -^ Rich^' Waldron, \ ^^'^^- Mark Hunking, j ^^^^• John Wentworth, Esq. Adjorned to 2 o'clock, p. bi. Met again according to adjornm'. Present — as Before. Adjorned to to-morrow, 10 o'clock, a. m. Pro : N. Ham}/. At a Councill and Gen^ Assembly held at Portsm" by adjornm*, Jan. 5"', 1715-6. Present, The Hon"^"= Geo. Yaughan, Esq., Lt. Got'", Rob* Eliot, } -p, Sam' Penhallow, \ p Rich'' Waldron, j ^^^^' Mark Hunking, \ ^'^^• John Wentworth, Esq. Sam' Penhallow & Mark Hunking, Esqs., were sent down to y*^ house of representatives w*'^ y*^ letter from y*^ Goverm* of Mass'', & to desire y* house to do the needful thereab' As soon as might be. [p. 541.] The Clerk was sent down to the house of representatives w"^ a vote for a Committee to draw y*" book Debt bill ; also a vote for allowing Mr. John Partridge twen- ty pounds, & to desire their speedy consideration & resolve of y*" matter mentioned in a letter from j" Mass* Goverm*, 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. G25 (viz.) ab' running y^ partition line between their and onr Province. Tiie Clerk was sent clown to y° house of representatives w"" 'a vote for addressing y° King; also w"' a vote for a Committee, for auditing y° Publick Ace*" of tlii.s Frovinte, & to desire y* house to consider a way for discharging y'^ debts of y® Prov. afores'', for this p'sent year. Mr. Ephraim Marston brought up y*" following vote of concurrence to this board : In Councill. Voted, That Rob* Eliot and Rich'' Waldron, Esqs., ])e of a Committee from this board, to joyn w'*' such as shall be chosen by the house of representatives, to draw up y*" Book Debt Bill, & that it be done forthw"' in ord" to its being Past. Pr ord^ of y^ Lt. Gov^ & Councill. Jan. 5"S 1715-6. R. Waldron, Cleric. Con. Voted, In the House of representatives. Col. Walton & Capt. Wibcrt joyn as a Committee. Pr ord^ Sam' Thing, Clerk. Capt. Rich'^' Wibert brought up y^ following vole of con- currence to this Board : In Councill. .Voted, That Rich*^ AValdron, John Plaisted, & John Wentworth, Esqs, be of a Committee from this board for Auditing y° Publick Ace''' of this Pi-ov : Jan^ 5"S 1715-16. Pr ord^ R. Waldron, Cleric Con. [p. 542.] Voted, That Maj'' Smith & Sami Thing, Esqs., Esqs. Mark ITnnkinij:, >Esqs. 6am' Penhallow, 3 John Wentworth, ) Tlie Clerk was sent dovrn to the house of Tvcpresentatiyes to carry a bill for suppressing Disord™ in licensed houses. Adjourned to to-morro-sr, 10 o'clock a. m. Pro : X. Ilamp'. At a Council & Gen' Assembly held at Portsni" by adjornm', Jan. 12, 1715-6. Present, The Hon'^''"^ Geo, Vaughan, Esq., Lt. Gov'', Robert Elliot, ') Sam' Penhallow, ? tt. „ Nath'Wear, J- Esqs. John Plaisted, $ -^^qs. Rich Esqs. John Plaisted, V Esqs. Kath' ^Vear, ) Mark Huuking, ) John "Wentworth, Esq. Col. Walton brought up a vote to this board for y'' house of llepresentatives joyning w* the Couucill to address the King, as on file, dated Jan. IS"', 1715-6. Mr. Peter Wear brought y« bill for a Constables' watch, to this board, from the house of Representatives. The Clerk was sent dov^^n to the house of Kepresentatives w*^ a vote for a Committee to draw iip an Address to y'^ King, viz: Eich Esqs. Jno. Wentworth, ) Mr. Sheriff Phipps was sent down to the Ilonse of Representa- tives, to desire their p'sence at y'^ Councill board; they came ac- cordingly, where Joseph Smith, Esq., informed the board of y* indisposition of Rich'^ Gerrish, Esq., their speaker, & prayed they might have liberty to adjourn to s<^ Gerrishes house. His Hon'' y* U Gov' answered, he had somew' to offer to them as they were y* representatives of y^ people of thi.s Prov: but as yy [they] had no speaker p'sent, they were no house ; wiiereupon they with- drew, & presently returning again p'sented Joseph Smith, Esq., their Speaker pro tempore, & then was read to them his Hon" y* Lt. Gov' speech, as folio weth: Gentm, — When you were here at yo' last sessions, we saw noth- ing that would demand yo' attendance till JNIarcli, the time ap- pointed for yo' meeting; but sundry things intervening, it was y* advice of his Maj'''^^ Council to call j'ou together this day. What I have to oiler you, I hope will not admit of a long debate, & yo' resolves may be speedy. I have sundry times recommended y® matter of y" jirison's deficiency to yo' consideration; you are not insensible of two men's escaping thence; but upon application to his Hon"' Col. Tailer, of y*" neighboring Goverm', he issued out his Ord" for apprehending them, so that one of them is returned to prison, & y*^ other secured in Salem goal in order to be sent hither. By restoring y"= first, y'' Prov: hath saved at least 300 lbs., w'^'^ the creditors were ab' to sue for, & would have infallibly recovered; & by both, we laid under great obligations to that Goverm'. I am to inform you 'twas y^ advice of y'' Councill, y' a guard of two men should be placed over the pi-ison, till y*^ Court of goal deliv- ery [p. 4.] comes in its turn, w*^'' is next week, whereby an accrue- ing charge lies on y® GoA^erm', & doubtless yo' care will prevent it for the future. I w'ould observe to you tliat where no discipline «fc rigor is to punish offenders, there can be no expectation of a civil tlecorum; and where no prison in a commonwealth, no restraint from illegal behaviour and trespasses, so that our govcrm* is but a name, and not the thing. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 631 I am informed that y'= Laws are fitted for the press.* Mr. Treasurer Penhallow has been at Boston, and tells me he liath discoursed y^ Printer, as lie can inform you. I am of opinion no time should" be lost; yo'' mony lies dead in y« treasury, so y' we have no advantage in delay. Gent", — I have another thing- to inform you, but whether it con- cerns you as representatives of yo'' People I shall not determine; but as you are my nei<^hbors I think it incumbent to let you know y' I have received a letter from y" adm" on the estate of Sir Charles Hobby, Deceased, f who, as they relate, did buy half the title of this Province; how farr it respects you. you may consider. They oHer you the purchase ; but I am of opinion Goverm' hath * A copy of tlie first printed edition of the Laws of the Province of New Hampshire, —somewhat imperfect— is found iu the Library of X. II. Historical Society. The fol- lowing is the title page. ACTS and L A W S Passed by the Ge>'Eral Court or ASSEMBLT of his Miijesties I^rovince of 2fetv Hampshire. G [L. S.] K. Boston in New England : Printed by B. Gkeex; sold by Eleazer Rcssel, at his shop in Portsmouth. 1716. ^Sir Charles ITohhy Was sou of William Hobbj', of Bxston, one of the wardens of King's Chapel in 1693. Savage (Gen. Die.) says, Cliarles was " fortunate in being knighted for his brave con- duct at the earthquake, 1692, in Jamaica; or else the consideration (1) mentioned in Hutchinson, II, 153. He was a member of the Artillery Co., and its Captain, 1702 and '03, and Colonel, I believe, of the Boston regiment; but most known hero, as not one of such life as ' should have recommended him to the clergy of A'. E.' " Yet he was sent over to London with letters from '• some of the most pious ministers," to our agent. Sir William Ashurst, a true Puritan, strongly urging "that he might be ap- pointed the governor instead of Dudley." Hutchinson does not say that his connex- ions, the two Mathers, were writers of those letters, of which there can be no doubt; but he adds, that "Ashurst himself, after his acquaintance with Hobby, reproves and censures them." Luckily for our country, Sir Charles did not prevail, came back, perhaps, and died in 1715, but not in Boston. His estate was insolvent. Of his inven- tory, 23(1 April, 1716, "deeds for half the Province of New Hampshire " is one of the latest items; but, as in derision, put down at nothing. Seven slaves are at the head, whose aggregate is .€300. It appears also, that iu 1711 Sir Charles was appointed dep- uty goTernor of Annapolis (Nova Scotia), and that he accompanied Col. Nicholson on his expedition to Canada. His purchase of one half of New Hampshire was made of Thomas Allen, Esq., in 1700. — Ed. (1) The consideration referred to was the payment of £300 sterling.— Ed. 632 PROVINCE OP NEW-HAMPSHIRE. [17 IC. nothing- to do w"* purchase, but especially w^'out his Majt"^' royal license liad &: obtained. Of the two former I doubt not but you Tvill take effectual care, & the sooner you do it you may return to X'-' management of yo"" own private aiitiirs. I know y"*^ season of the year calls you to your respective businesses. If you think of any thing by way of preliminary y' you can advise me in (to give y'^^ Commissioners of y'-'Prov: appointed to meet y*^ Commissioners of Mass" to run the partition line between the two Goverm'") you have now an opportunity. W I have further to offer,! shall defer till your session in course, which is a more leisure season of the '3'ear. Geo. YAUonAx. Feb. 6"^, 1715-G. After reading- y'' foregoing- Speech there were read tvro letters, (viz.) a letter from y<^ Goverm' of Mass" ab' the divisional line, &c., & a letter from y" adm'" on y^ estate of Sir Charles Hobby, • as on file, both dated Jan. SO''', 1715-G. Adjourned to 10 o'clock to-morrow, A. M. [r. 5.] Pro:X. IIamp^ Att a Couucill & Gen' Assembly held at Portsmo' by adjournment, Feb. 7"^, 1715-6. Present, The Hon'^''^ Geo: Vaughan, Esq., Lt. Gov"", Sam' Penhallow, ? ■t7<^„„ Mark Ilunking, ? ^ Jno. Plaisted, ^ ^ John Wentworh, S '"^■"" Theo. Atkinson brought up y« following answer to his Hon""^ the Lt. Gov"' Speech. In the house of Eepresentatives. The 12"^ of Novemb'' last, a Committee made a return ab' y'' Prison, upon w'^'' we voted the needfull y''on. As to the Laws, we expect the Committee apijointed to collect & revise them, make a, report thereof to the Gen' Assembly, upon which we desire they may be printed so soon as may be, according to our former vote. As to y^ title of the land, We are of the same opinion, that as representatives it does not concern us. We desire that the Committee ai:)pointed to run the line between the Mass" iS: this Province be impowered to act & proceed tlicreou, when they have notice from the Mass" Governi*. Pr. order of the House. 7"^ Feb., 1715-G. Theo. Atkinson, Cler. The Clerk was sent down to tlie house of Eepresentatives to in- form them y* y^ present session was at an end, & that they stood adjourned as before, viz: March 1"', 1715-3. 1716.] JOURNAL OF COUNCIL AND ASSJEMBLY. 633 [i'. G.] Pro. N. Ilami/. At a Councill & Gen^ Assembly held at Portsm" by adjournment, March the first, 1715-6. Of the Hon'^i" the Couucill, Eichard Waldron, ? -r, John PLiisted, ^ F-n- Sam' Penhallow, I ^^^''■- John Wentwovth, ^ '^*^^- The Clerk was sent down to the house of Eepresentutives to inform them of his Hon" y"^ Lt. Gov"^^ indisposition, Avhich pre- vents he being p'sent in Councill this day, but that he AVtxs in hopes of seeing them in Geu^ Assembly to-morrow, &c. Adjourn*^ to to-morrow, 10 o'clock, a. m. Pro : N. llanip"". At a Councill & Gen' Assembly held at Portsm° by adjornm', March y*^ second, 1715-6. [Present as before.] The Clerk was sent down to the house of Eepresentatives to acquaint y™ w''^ the continuance of his Hon"^ tlie Lt. Gov"" indispo- sition & to adjourn them to Tuesday, the 3^ day of April next ensuing, &c. Adjourned to y'^ 3"^ April, 1716. [r. 7.] Pro : N. Ilamp'". At a Councill & Gen' Assembly held at Portsm° by adjournm', April the third, 1716. Present, The Ilon"^''^ Geo: Vaughan, Esq., Lt. Gov'', Sam' Pciihallow, ^ Mark Hunking, > Esqs. Jno. Yfentworth, ) Adjounied to to-morrow, 10 o'clocik, a. m. Pro : X. Ilamp'. At a Coiiucill & Gen' Assembly held at Portsm" by adjournm', April 1"% 1716. Present, The Hon'''''' Geo: Vaughan, Esq., Lt. Gov% Sam' Penhallow, ? t^_„ Mark Hunking. ) y John Plaisted, S J^l"i Weutworth, S ^^ Eobt. Elliot, Esq. 634 PROyiNCE OF NEW-HAMPSHIRE. [1716. Sam' Penliallow, Esq., presented a Petition to tliis board in be- half of Sam' Cutts for a grant of pow'' for selling' some of his y^ s^ Cutts' land to pay his debts, he being as yet in his nonage ; v^^^ Petition being read was sent down to y*" house of Representatives & is on file, bearing date March •i"', 1715-6, &c. Mr. Treasui'er Penhallow presented a memorial or estimate of the present state of y^ Prov: to tliis board, w*^*^ being read was sent down to y*^ house of Representatives. The Clerk was sent doAvn to y" house of Kepi'csentatives w"' a vote of Councill for y^ selling Sam' Cutts' interest or estate in land at Oyster river, according to his petition aforementioned ; also vr* a vote for building a Court House at Portsm". Theo: Atkinson & James Davis, Esqs., appeared at this board in behalf of the House of Representatives, to confer ab' a proper place for y*^ situation of the Goal, &c. [p. 8.] James Jaffrey p'fcrred a Petition to this board, & is on file, dated April 4"% 1716, to be admitted to swear before the Lt. Gov'' and Councill y' his estate is insolvent, &c., according to an Act made & past by the Gen' Assembly of this Prov: entituled an Act ab' Bankrupts, &c., w*^'^ s"^ Petition being read, he, the s^ Jaf- frey, was admitted to swear, who made oath as follows (viz.) : That some short time since he was an*ested for debt by the sherifi" & that at the time of such arrest his estate was insolvent & not capable of paying the debts due to y« creditors of s"* estate ; AMicreupon it was ordered that John Frost, Esq., Messrs. Rich*^ Wibird & Clement, Hues be commissionated & appointed to re- ceive the claims of all such as are creditors to s'^ estate, & to pro- portion tlie same according to the claims, y' each creditor may have his ijroportion of s'' estate. R. Waldron, Cler. Con. Adjourned to 10 o'clock to-m.orrow, a. m. Pro : N. Hamp'. At a Councill & Gen' Assembly held at Portsm* by adjonrm', April 5tli, 1716. Pi'escnt, The Hon. George Vaughan, Esq., Lt. Gov"", Rob* Eliot, ? -p,^^^ John Plaisted, } -^ Sam' Penhallow, S ^^^^^- Mark Hunking, (, ^^^^' John Wentworth, Esq. The Clerk was sent down to the House of Representatives w**^ a vote for a Committee, viz., Col. Jno. Plaisted & Col. Mark 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 635 Hanking, to view his Majestie's Fort at N. Castle, & to make re- port of y® state & condition of s"^ Fort, together w"^ w' stores are belonging thereto, & w' repairs ai'e necessary for the same. The Clerk was sent down to the House of Representatives w"* a vote for Mr. Treasurer Penliallow eitlier to bily or hire a boat for his Maj''''^ Castle, Wm. & Mary. The Committee appointed to supervise & collect a body of Laws for the Press have this [p. 9.] day made their return, w'^ being read at this board was sent down to the house of Represen- tatives.* Adjourned to to-morrow, 10 o'clock, a. m. Pro. N. Hampf. At a Councill & Gen' Assembly held at Portsm°, by adjournm', April 6th, 1716. Pi-escnt, The TIo;i'^'° Geo. Vaughau, Esq., Lt. Gov% Sam' Penhallow, ? p^.^^, Mark Ilunking, ? v.-nq John Plaisted, ) '^'" Jolni Wentworth,^ "^ ' 5th April, 17 16, In y^ House of Representatives. Voted Capts. Davis & VVibert a Committee to joyn Ju" Plaisted and Mark Hunking, Esqs., as a committee to view his Maj"^' Fort at N. Castle, &; make report thereof according to the vote from the Councill, as on iile. By order. Theo. Atkinson, Cler. The Clerk was sent down to the House of Representatives vf*^ y° following resolve : In Councill. Resolved, that the Publick be exempt from any charge in pro- curing land to sett the prison on, & that the town of Portsmouth pay the necessary charge of y' Place where the same is to stand, viz., by the Alms-house in the town field. R. Waldron, Cler. Con. April 6th, 1716. The Gen'° of the Parish of Oyster river, of both p'ties, appeared at this board according to y* order of Councill in Jan^ last ; & Mr. Stephen Jones p'sented a Petition and remonstrance of their pro- ceedings since y^ afores*^ Jan^', in order to a friendly agreem', &g. the Petition, &c., is on file, dated April 6th, 1716. Adjourned to to-morrow, 10 o'clock. *The Comitte for revising and Printing the Laws made their Returne, ai^ on file, — forty-uine in number — ordered, that they be printed forthwith. — Journ. of Ilouie. G3G PROVINCE OP NEW-HAMPSHIRE. [171G. [r. 10.] rro. N. Ilamp. At a Councill & Geii' Assembly held at Portsm", April 7tli, 1716. Present, The Hf)u*''« George Vauglian, Esq., Lt. Gov"", Sam' Penhallow, ? ^ Mark Ilniildug-, ? -p, John Piaisted, \ ^^^^^- Jn° Weutworth, I -^•^^■^• Col, Shadrach Walton brought Sam' Cutt's Petition to this board from the house of Representatives, w"' y*' following vote of Con- currence ill answer to the same : In Councill. Voted, that the Petition preferred in behalf of Sam' Cutt be granted, tliat is to say, that his farm or interest at Oyster river be sold to the best advantage, & the mony improved to his the b"^ Cutt-'s service. April 4th, 171G. R. Waldrou, Cier. Con. Concurred w"^ in the House of Representatives. Pr. Ord^ Theo Atkinson, Cler. 7th April, 1716. The Clerk was sent down to the House of Representatives to desire tliem to finish' their business w"^all possible speed, &c. The Committee appointed to view the Fort, &c., made their re- turn to this board, w^hich being read, was sent down to the house of Repi-esentatives by y« Cler. Mr. Sam' Tibbets brouglit a vote for allowing Benj. Akerman seven ponnds pr. Annum for the future for his service in waiting on the Governm'. Theo. Atkinson, Esq., brought uy> the following votes to this board: [p. 11.] Voted, that there be a Prison built in the town of Portsm", at the expense of v° Prov. ; y^ s"^ town to provide land to sitt it on v,'"^ couvenienc}' for Yard-room at their charge, & that tlie timb'' of the old be improved therea''', so far as may be con- venient, & that Messrs.- James Davis & Geo. JafTrey are a Com- mittee of this house to see it immediately effected, & the treas- urer to supply money for discharging y^ cost thereof. That the building a Court House be suspended for a time. ^V^l desire y* Committee for auditing the Publick acc'^ to give notice when tiiey will examine them, & when done to make their return of all debts, upon which at our next meeting we will re- peat mony for paym' of fcliem that shall be allowed by the Gen' Assembly, & for whatever else may then be needful. xVnd in case his Excellency Col. Purges arrive here before our meeting next, 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 637 Yotcd, That tlie treasurer supply for his reception, & tliat his entertainm' be at Col, Packer's house. And upon his arrival Voted, Messrs. Gerrish & Atkinson & Jaffrey to be niessen Esqs. Mark Ilunking, ) Adjourned to to-morrow, 10 o'clock, A. m. Pro. K. Tlamx/. [Met according to adj' and adj'' to meet at 3 o'clock, p. h.] • Colonel Eliseus Burgef3, who had serve'l under General Stanhope, was by.hls rec- ommendation commissioned Governor of Massachusetts and New Hampshire, in 1715. Burges wrote a letter to the Assembly in July, in which he informed theiii of his ap- pointment, and of his intention to sail for America in the following month. But Sir William Ashurst with Jeremy Dnmmer, the Massachusetts agent, and Jonathan Belcher, then in London, apprehending that he would not be an acceptable person to the people of Kew England, i^rerailed with him, for the consideration of one thousand pounds sterling, which Dummer and Belcher generously advanced, to resign his Com- mission; and Colonel Samuel Shute was appointed In his stead to the command of both provinces."— Farm. Belle, p. 183. 638 PROVINCE OF NEW-HAMPSHIRE. [1716. Pro. N. Ilamp'. Met according to adjornm'. Present, as before, Also Rob' Eliot, Esq. The Committee appointed for auditing y« publick accounts of this pro^^nce, made a report to y* boai'd of their proceedings in that affair, Avhich being read was sent down to the house of Rep- resentatives. Hugh Bantield i^'ferred a Petition to this board, w'^'^ being read ■was sent down to the house of Representatives, together w"' a vote of Councill thereupon, pr. y^ Clerk. The Clerk was sent down to y^ house of Representatives w'*' a vote for suspending y*^ hearing of y<= case between Maj. 'N^'aughan and Edward Gate, till y*^ arrival of another Governor. Mr. Geo. AYalker p'sented a Petition to this Board, w'^'' was read. Both p'ties of y° Parish of Oyster river appeared at this board to p'secute y® affairs ab' y* Parish. Adj*^ to to-mon-ow, 10 o'clock, a. m. Pro : N. Ilamp''. Met according to adj' and adj"^ to meet at 3 o'clock, p. M. [p. 13.] Pro: N. Ham p'. At a Councill & Gen' Assembly held at Portsm" by adjornmS May 3, 171G. Present, The Hon"" Geo. Vaughan, Esq., Lt. Gov', Rob* Eliot, ■) John Plaisted, ) Rich'* Waldron, > Esqs. Mark Huuking, > Esqs. Sam' Penhallow, ) 3 The House of Representatives sent back Hugh Banfield's peti- tion to this board together w"" y'= vote of Councill thereab' not concurred w"', by Mr. Eph"" Marston, as also y^ vote for suspend- ing y« case between Maj. Vaughan & Edw'' Gate not concurred w*. The clerk was sent down to y^ house of Representatives w"^ y® Petitions & papers relating to y** differences at Oyster river. The Clerk was sent down to y^ house of Representatives, to de- sire them to come to y'^ Councill board to confer ab* y^ j)rinting y^ Laws, & ab* Maj. Vaughau's & Edw. Gate's case. Adjoru** to to-morrow, 10 o'clock, a. ji. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 639 Pro : N. Hamp''. At a Councill & Gen' Assembly hold at Portsm" by adjornm', May y'^ 4"", 1716. Present, The IIon"^'« Geo. Yaughan, Esq., Lt. Gov% Pob' Eliot, ^ John Plaisted, J) Pich Esqs. Mark Huuking, > Esqs. Sam' Penhallow, ) j Mr. Eph'' Marston brought up y<= following vote to this board : In the House of Representatives, Voted, That y'' Lt. Gov'' & Councill may further continue y* ap- peal depending between Mnj"' Wm. Vaughan, Esq., & Edward Gate, any law, usage or custom to the contrary notw"'standing. Pr. Ord^ Theo. Atkinson, Clerk. 4'^ May, 1716. Eod" die. In Councill. Voted a concurrence. R. Waldron, Cler. Con. [p. 1-4.] Major Gillmau brought up y"' following vote to this board : In answer to the Petition of Capt. Nath' Hill and the people of Oyster river, Voted, That y^ agreem' of y° toun of Dover w"* y' part of y« toun called Oyster river ab' maintaining a minister among them at their own cost & charge be confirmed; & that y^ new meeting house built there, be the place of y'^ publick. worship of God in that District, and established a distinct District w* all rights & privileges belonging to a Parish, w'^ full power & authority to call & settle a minister there & make assessm' for y* paym' of his Sallary & all other Parish charges, equally on y'= several inhabi- tants w'Hn y' district, & annually to chuse five p'sons, freehold- ers w'^'in said Parish, to make y'^ tax & manage all affairs of the Parish, & y' p'sons so chosen, w* a Justice of the peace of this Province, shall, whenever they see cause, call a Parish meeting to transact any matt" concerning y* Parish, & y' y*^ first meeting be on Monday y"^ 14'ii instant, at y^ afores'^ meeting-house, & y* John Thompson, y" present constable of that District, notify y" inhabi- tants y''''of ; and further, that all p'sons that have of late years paid to y^ minister there, shall continue to pay y'' proportion to liim y' shall succeed in s'^ office. 4*'^ May, 1716. By order of the house of Representatives. Theo. Atkinson, Cler. 6-10 PROVINCE OF NEW-HAMPSHIRE. [1716. Eod-" die. Tu Couiicill. Voted, a concurrence, His Hon'' y" L' Gov"" assenting- y''iO. E. AValdron, Cler. Con. Capt. Tim« Gcrrish p'sentcd a Tetition to this board, w''-^ was read. Adjourned to to-morrow 10 o'clocl^, a. m. Pro : N. Ilttmp^ At a Councill & Geu^ Assembly held at Portsm" by adjournnr, May 5, 1716. Present, The rIon'^-° Geo. Vaugliau, Esq., Lt. Gov', Rob' Eliot, ^ John Plaisted, ) Eich'i W Idron, > Esqs. Mark Iluukiug, > Esqs. Sam' Penhallow, j ) [p. 15.] The clerk was sent down to y"^ house of Eepresentatives with a bill for continuing y« case depending between Maj'' Vaughan & Edw. Gate. Mr. Marston brought up a vote to tliis board, for allowing y« Councillors 5s. per diem, during the time of Gen' Sessions. Sam' Penhallow & John Plaisted, Esqs., were sent down to the house of Represcatatives to confer w"^ y- house ab' amending y'' vote for allowing y^ Councillors 5s per diem. Col. Smith & Mr. Jeffrey brought up y"^ bill to this board ab' Maj. Vaughan's case, with some exceptions ag*' the same. Mr. JenVey brought up y"= vote for allowing y^ counsellors 5s per diem, w"^ this amendment (viz.), y' y<= Lt. GoV is inserted in s<^ vote w"^ an allowance equal to a memb"" of Councill. Col. Waldron & Col. Hunking together w"^ y"^ clerk, were sent down to y" house of Eepresentatives, to adjourn to Monday, y^ 14"^ of y*^ inst. May. Pro : iSr. Hamp^ At a Councill & Gen' Assembly held at Portsm° by adjournm*, l^Eay M"\ 1716. Present, The IIon"''« Geo. Vaughan, Esq., Lt. Gov'', Sam' Penhallow, ? ,. ^^ John Plaisted, ? ^ Mark llunking, $ ^^^^- John Wentworth, \ -"^^^l^' Col. Jos. Smith & Mr. Geo. Jeffrey came to this board & de- sired in y« name of y« house of Eepresentatives, y' two Held pieces & one barr' powder might be sent into each toun w'Mn this Prov- ince. Adjourned to to-morrow, 10 o'clock, a. 3I, 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 641 Pro : N. Hamp^ At a Councill & Geu» Assembly Leld at rortsm" bj' adjournm', May 16"^, 1716. Present, The Hon"'''' Geo. Vaughan, Esq., Lt. Gov"", Rich^i Waldvon, ? t^^^^ John Phiisted, ? ^ Sam' Peuhallow, S ^ ^lai-k llunking, S ^ John Wentworth, Esq. [p. 1 6 .] Mr. John Dam brought up y" following list of debts to this board, together w"' y*' votbs thereupon: Pro: N. Hamp% May P', 1716. No. 1. Col. Shadrach AValtou for Disbursm', &c., at Fort, £23 2: 18: 14: 00: 38: 02: 00: 55: 75: 14: 25: 00: 15: 12: 08: 00: 00 18 12. 13. 14. The 2. Col. Smith for Expenses, 3. Capt. Josh. Wingate, for entert'"' of Lt. Jno. Usher, 4: 16: 4. Mr. Treasurer Penhallow's acct. ab* mony p^^ Col. Smith for going to Boston, & added to his account No. 6, Mr. Treasurer Penhallow for disbursem*, Theo. Atkinson, Esq., for ser\dce in f'le house of Representatives, Benj. Akerman for going post to Newbury, Rich*^ Waldron, Jun., as clerk to the Council, 9. Col. Thorn'* Packer for expences of y"^ Gov- ernm', 0. Thorn. Phipps, Esq., for services as sheriff, 1. Wm. Fellows, for expences of y*^ Governm', To the Committee for Supervising y« Laws, for sitting eight days, at 5s. pr. diem, wh'"of Rich'^ Gerrish, Esq., was absent two days, 13: 10: To the Committee of Audits for sitting four days, Col. Smith p'st each day. Col. Plaisted & j" clerk p'st three days, John Wentworth, Esq., & Mr. Jeffrey, p'st two days, & Col. "Waldron one day. Dr. Pike for medicines for y*^ lnd"% Capt. Phipps for copying Laws for y'^ Press, Geo. "Walker for his horse to Hampton, 18d., & Jno. Hooker for riding him, &c., 2s. 6d., 00: 04: Sum total is two himdred & seventy-four pounds, nineteen shilP & Id. £274:19: 1 41 03: 15: 09: 0: 05: 0: 642 PROVINCE OP NEW-HAMPSHIRE. [1716, 1-i Maj^, 1716. This return is allowed of by y*' house of Repre- seutatives, & pray y' ord'" may be issued for paym' thereof. By order. Theo. Atkinson, Cler. In Council!. May 15, 1716. Voted a concurrence. Tl. Waldrou, Cler. Con. [p. 17.] Col. Waldron desired that inasmuch as j" town of Dover was now come to an agreem* the Petition p'ferred by Capt, Tim° Gerrish, May 3*^, 1716, for reconciling y« differences in that town might be withdrawn, Whereupon it was, In Councill Ordered, That y'= s'^ Petition be Dismist. E. Waldron, Cler. Con. Mr. John Hinkes p'ferred an account to y'^ Councill board, to- gether with a certificate out of y« Councill Records, bareing date May 15, 1716, w'^*' said account & certiticate being read at y"^ board were sent down to the House of Representatives. A Petition preferred May y'^ 3^, 1716, by Mr. Geo. Walker, was read and sent down to the house of Representatives. A. petition preferred by Mr. Geo. AYalker, May y« 2'^, 1716, was read, as on file. Capt. Rich'^ "Wibird bi'ought up a vote to this board ab' a Peti- tion y' was dismist by y*^ Councill : y'^ vote is on file, dated 'May 15, 1716. Adjourned to to-morrow, 10 o'clock a. m. Pro : N. Hamp'. At a Councill & Gon> Assembly held at Portsm° by adjournmS May 16"^, 1716. Present, The Ilon"'!'^ Geo: Yaughan, Esq., Lt. GoV, Eich'^ AYaldron, ? -p, John Plaisted, ? -p Sum' Penhallow, S ^ Mark Hunking, ^ ^^ John "Wentworth, Esq. ]\Ir. John Dam brought up a vote to this board ab' y'= mini Bters of Portsmouth, as on file, dated May y^ 16"", 1716. Adjourned to to-mori'ow, 10 o'clock A. M. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 643 [The following from the Journal of the House, appears to be the vote above referred to.] For preventing of any future dipturl)ance and difTercnce that has or raav arise in y<= Town of Portsm" ab' v'^ ministers' sullarv in y*^ Town : Voted, That the subscribers to and constant hearers of y" Eev. Mr. Rogers, at y" new meeting-house, be Impowered and Inabled, by an Act, to support him there in the ministry, by an equal as- eessm'. on themselves ; and that they be excused paying any thing towards y'' support of any other minister in y<= s'i town,' itntill named and chosen by an Assembly of all y^' freeholders of y* town, according to an Act of Gen' Assembly "of y*^ 11"^ May, 17l4; and that y^ hearers of JNIr. Emerson have y*^ same power for rais- ing his sallary among themselves. Col. Smith desents against the above vote. [p. 18.] Pro:N. Hamp^ At a Councill & Gen' Assembly held at Portsm' by adjournm*, May 17th, 1716. Present, The Hou'"« Geo: Vaughan, Esq., Lt. Gov% Rich"^ Waldron, \ -p John Plaisted, ? ^ Sam' PenhalloAV, ] ^ Mark Ilunking, \ ^^^^^ John Wentworth, Esq. Col. Walton brought up three votes to this board, (viz.) A vote for repeating y'' iifteeu hundred pounds in the treasury ; a vote for continuing the Excise Act one year ; «fc a vote for a gratuity for killing wolves, w'^'^ are as follows : Upon perusal (ff y state of the Province by y'^ retui-n of the Committee for auditing y"^ Publick accounts, «fc by the Treasurer's memorial, find there will be but a small sum left in y^' treasury after the debts are paid, &c. Voted, That the fifteen hundred pounds uow in the treasury bo rex)eated for paym' of the Province charges, as shall be approved of pr. y'= General Assembly; & out of the remaining mony (if any there be) two hundred pounds be lett to the Lt. Gov'', Col. Vaughan & the rest to others, all on y'= like security, that the former iifteen hundred pounds was lent at: Messrs. AYear & Da- vis, a Committee of this house for letting out y" mony & taking security therefor. Messrs. Jeffrey & Atkinson, Committee of this House, to draw up an Act accordingly. By order of y^ house of Representatives, W^ May, 1716. Theo. Atkinson, Cler. 644 PROVINCE OP NEW-HAMPSHIRE. [1716. In Couucill. Voted A concurrence ; & that Sam' Penhallow & John Plais- ted, Esqrs., joyn w"' y* Gent" above mentioned as a Committee for y'' service above s**. May 17*, 171G. R. Waldron, Cler. Con. [p. 19.] Voted, That the Act for Excise be continued for the ensuing year. By order of the house of Rei)resentatives. 16 May, 1716. Tlieo : Atkinson, Cler. In Couucill. Voted A Concurrence w"^ y'" above vote. E. Waldrou, Cler. Con. May 18, 1716. Considering the Publick damage done in this Province by Tvolves ; for y^ Prevention whereof & incouragcm' of those that shall destroy them ; Voted, That there be out of the Publick Treasury paid to each p'son that shall bring a Certificate from y*^ selectmen of the town or parish w'^to they belong, that they have killed a grown wolf, fifty shillings, besides y^ bounty granted by each town. By order of the house of Representatives. 16 May, 1715. Theo: Atkinson, Cler. In Couucill. Voted a concurrence w"' y"" above vote. E. Wftldron, Cler. Coun. May 17'!', 1716. The Clerk was sent down to the house of Representatives w"' a vote for an Act to be past for abateing one of the two thousand pounds (to be paid into the treasury this year) till j-^ year 1721, as follows : In Couucill. "Whereas there is two thousand pounds to be paid into the Treas- ury this p'sent year, 1716, by virtue of an Act of the Gen' As- sembly ; & whereas there is a very great scarcity of mony at this time : — Voted, That there be an Act past for suspending the paym' of one of the s"* two thousand (p. 20.) pounds into the Treasury, till the year one thousand seven hundred and twenty-one ; & that y' other thousand pounds be i:»aid according to the afores"^ Act, & 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 645 y* Sam' Penhallow & John Plaisted, Esqs., be of a Comiuittcc for y'' service above. R. Waldrou, Clcr. Con. May 17, 1716. Concurred in the House of Eeprescntatives. Messrs. Jcifrey & Atkinson of this house for a Committee. Theo. Atkinson, Clerk. The Clerk was sent down to the house of Representatives w"^ the vote they sent up ab' an Act for Excise, for ameudm* ; also ^Y^ a vote of this house for passing an Act for Impost & Excise for y*^ year ensuing. Col. Richard Waldron & Col. Mark Hunkiug, Esqrs., were sent down to the house of Representatives to confer ^with that house ab* their vote for an Act for Excise. Adjourned to to-morrow, 10 o'clock a. m. Pro : N. Hamp''. At a Councill & Gen' Assembly held at Portsm" by adjournm', May 18'*^, 1716. Present, The Hon'"''-' Geo. Vaughan, Esq., Lt. Gov% Ricli^i Waldron, ? -p.^^^ John Plaisted, ? -p„^„ Sam' Penhallow, \ ^^^^' Mark Hunking, <, ^^'l^' John '\Ventworth, Esq. Mr. Sam' Tibbets brought up a vote to this board for new pro- portioning y'" taxes of the several towns w"'in this Province. The Clerk was sent down to y" house of Representatives w"^ a vote for taking off y'' 5 pr. cent, for bringing this Province bills into }•* treasury ; which vote was returned, not coiicurred. James Davis, Esq., brought a vote to this Board ab' y*^ Petition p'ferred by Capt. Pickerin, May 15, 1716, together w*'" a certificate out of y'^ town Records of Portsm", relating to s'' Petition, which 6'' vote & certificate arc on file. [Tho following is from the Journal of the House.] The Petition of Cap. Jno. Pickerin & others, read and con- sidered of; upon which, Voted, That is a scandalous Refiection and false accusation against y" selectmen of y"" town of Portsmouth, wlio have fairly settled the tovrn ace'' and brought them into Publick town meet- ing, and there voted to y*' satisfaction of y*= freeholders of s'' town, as appears by a certificate from y® Town Clerk. 646 ' PROVINCE OF NEW-HAMPSHIRE. [171G, [p, 21.] Mr. Marston brought up a vote to this board ab* Gram- mar schools, w'^'^ was sent down p"" y'^ Clerk for amendment. The Councill this day voted a concurrence w"^ y" vote of y* house of llepresentatives, Dated X'"', 24, 1715, ab' y" disposition of y^ last year's Impost & Excise mony, w'^'^ votes are as follows : Voted, That considering y'' good service done to this Province by the Hon'^'"' the Lt. Gov"" Geo. Vaughan, Esq., by us gratefully acknowledged, but by i-eason of our poverty, and being several thousand pounds in Debt, we are not able at this time to retali- ate according to y" willingness of our minds, but would pray yo'' Hon'' at present to accept of y^ Income of one year's Impost & Kxcise already collected or to be collected from y* 10 of June last past, uutill y^ tenth of June next, as now established, p'' ord'' of y" house of Representatives. Theo : Atkinson, Cler. 24"^ Decem'^^ 1715. May 18, 1716. In Council. Voted a Concurrence w'^ y" above vote. R. Waldron, Cler. Con. ]Mr. Marston brought up y^ vote to this board ab' Grammar Schoolmasters, w"' y*^ necessary amendments, w'^^ was concurred w'*^ in Councill, & is as follows : "Whereas thei-e is an Act for keeping free Schools in each town in this Prov: for further encoui'agem* of learning: — Voted, That where any Parish is sett off from any town to maintain a minister by themselves, they shall have povr'' w'^^iu themselves to agree w"' a publick schoolmaster, & to build or hire a School house, as they shall think convenient; & during his being in s<^ Parish, they be excused paying to y'^ free school of y" town, provided it be a Grammar school. May 18'^, 1710. Pr order y"' house of Representatives. R. Wibird, Cler. pro tempore. Eodem Die. In Councill. Voted a concurrence. R. Waldrou, Cler. Con. [p. 22.] The Clerk was sent down to the house of Representa- tives w"' a vote for joyning y^ Isles of Shoals to N. Castle. The Clerk was sent down to the house of Representatives to lay three bills before that house in order to their being passed into Acts: (viz.) A bill ab' repeating y"= £1500 in the Treasury; ab' suspending y* paym' of one of y^ two thousand pounds to be 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 647 brought iuto the Treasury this year ; & ab' Maj' Vaughan's case w* Mr. Gate. It being moved iu Couucill y* 'twas necessary for some capeable p'sous to oversee y<= Eepairs of y^ Fort, y« Councill desired his Hon'" y^ L* Gov"" & Col. Hunking to act in that affair. Adjourned to tomorrow, 10 o'clock A. M. Pro: N. Ilamp''. At a Councill & Gen^ Assembly, held at Portsm" by adjourum', May 19"^, 1716. Present, The Hon'^i" Geo. Vaughan, Esq. Lt. Gov', Rich'i Waldron, ? -p,^^ Mark Hatiking, ? t^„„„ John Plaisted, $ ^*^^- Sam' Peuhallow, S ^ Mr. Marstou brought up y^ following vote to this board con- curred w"^. In Councill. Voted, That y'= Inhabitants of y« Isles of Shoals shall joyn with N. Castle Inhabitants iu raising & collecting all public taxes for his Maj'ties service, for defraying j" publick charge of the Province ; & y^ Inhabitants of Isle Shoales afores<^ may appear at jS". Castle on y^ next publick town meeting, and then & there chuse an assess"" & constable for y'= Isles of Shoales, & shall be notifyed accordingly. May 18, 1716. R. Waldron, Cler. Coun. Concurred in y^ House of Representatives. pr ord^ Theo. Atkinson, Cler. [p. 23.] The three following bills were passed in both houses, & this day signed and sealed (viz.) : A Bill for continuing y^ case depending between Maj. Vaughan and Edw^ Cate; A Bill for suspending y« paym' of one of y'' two thousand pounds paya- ble into y« treasury this year, untill y<^ year 1721; and a bill re- peating y" fifteen hundred pounds in the treasury. So far gone, &c. ) His Hon^ the L* Gov' this & y« act for repeating > day dissolved y« House of £1500, & cutting off 1000. ) Representatives. 648 PROVINCE OF NEW-HAMPSHIRE. [1716. Pro: N. Hamp*. At a Geu^ Assembly* held at Portsm" Aug*' 2P', 1716. Present, The Hon"" Geo. Vaughan, Esq. Lt. Gov', Rich^ Ti'aldrou, ? tj.__ John Plaisted, ? -p Sam> Peuliallow, I ^^l^' Mark Hujikiiig, S ^ John "Wentworth, Esq. ]VIr. Sherriff Phipps made return of his p'cept for calling An Assembly w"' y'' names of y° several i^'sous elected to represent y° several towns w'Mn this Pro\ince, who are as follows : For Portsm°. Exeter. Eich'^ Gerrish, Esq., Capt. Jno. Gillman, Mr. Geo. JatlVey, Lt. Jno. Gillman. Mr. Rich'! Wibird. Dover. For Hampton. j^^^^^ ^^^^^^ ^^^^^ Col. Joseph Smith, Mr. Sam' Tibbetts. Maj. Peter Wear, Mr. Eph" Marston. lungs^. A-. Castle. ^^'- ^^^^ Eastman. Theo. Atkinson, ? -p iStratk'°. Shad. Walton, J ^^^«- Mr. Wm. Moore. JS^ewington. Capt. Jno. Downing. Col. Huuking & Jno. Wentworth, Esq., together w"" the Clerk, were sent down to the house of Representatives, to administer y'= oaths appointed by law to be taken, to y"' p'sons elected to rei^re- sent y'" several towns w'^'in this Prov : y"by to qualify them to serve his Maj"" in }-' capacity. [24.] The Clerk was sent down to the house of Representa- tives to desire their attendance at the Councill board: They came accoi'dingiy. Y'' Lt. Gov"" proposed to them y"^ clausing a speaker & settling their house, in order to their proceeding upon y'' King's service. Tlien y*^ Representatives withdreAV & made choice of Eich'^ Gerrish, Esq. for y'' speaker, who was well ac- cepted. Then his Plon'' y** Lt. Gov'' made y" following Speech to *The " Cotincil I " which heretofore has heen named in the I?ecord, is henceforth omitted. For -what reason unknown. It aiipeare, however, that^ a new Clerk wcs chosen, viz., Eichd. Wibird, 171C.] JOURNAL OF COUNCIL AND ASSEMBLY. 649 y'^ Gen^ Assembly, the house of llepi-esentatives being present at the Councill board : Gent. : I have had thoughts of convening an Assembly some time since, & tliink there is great occasion for one ; but the har- vest of hay & English corn .season caused me for a wliile to defer it, not being willing to injui-e any one, nor especially the publick good. The occasion of dissolving the last Assembly was very distaste- ful to me: y'"'' is a particular duty lyes on mo as on you: ou me, not to suffer y^ revenues of y« crown" to be lessened, & on you to support the honor and dignity thereof. Gentlemen of ye Lowr house: The matter of Impost is what every Governm' in y" world doth but we. I have all y^ inclinations imaginable to give full satis- faction to v*^ whole Governnv, & to this Assembly 'in p'ticular iu all things w'^'in my reach; but 'tis unhappy we cannot all reason alike. It would rejoice me y' care might be taken to rend"" y" Ad- ministration of Governm' e"asy, that Laws might be punctually observed, y* evils may be redressed, y' yovi will put trade & cus- tom on y'' foot which is just, and mav lessen the pulilick taxes. Gent" : I would have an Act past for y"^ Treasurer to state y* accounts of y" Province, that we may know w^' money has been emitted, how much paid in, how much burnt, how much lent, how much out. what revenue has been to y" Prov : this ten years by those two branches of Excise & impost, where the mouy is, & how imploved, v' we mav know our condition. [p. 25.] I hope'you wilfhavc regard to the state of y" Province in Gen', y' y" hon'^ of the King's government may be kept up & mav not be" lessened bv any sinister methods or faction. l" think it reasonable y' "pedlars & petty chapmen be provided ag^S by an Act oblidgin"g all & every Strang"" retailer of any com- moditv of ten pounds value, or that publickly shall sell to that value "of tilings inanimate, give security to answer their assessm' within everv town in this Province where the sales shall be made. I think it reasonable, y' those that stand by the stuff should have y^ benefit of traffick to enable them to support y honour of gov- Law be provided for v'= maintenance of y'= clergie & paym' out of y'' publick treasury, that tliey may be hoiiourably supported, & y' for y'^ future none'be called but by advice of y*^^ major part of those already settled, or such as shall be; & that each town w'4n this Proviiice that shall be destitute, shall be liable to a penalty pro- vided in B'l Act, believing many good consequences may attend so good an essay. I hold it necessary y' excise be settled by a law. I am of opinion y' y'^ Prov : has already lost two hundred pouudi3 •for want of an Impost. I would lett you know y' yo"" powd"" house has been broken open & three locks forced. I hope you will be gratefull to Mr. Will™ Wallis, who has received & forwarded yo' addresses, &c; & y' they have been delivered to y'^ King and re- ceived very graciously'is evident pr y" Lond° Gazette. These, 650 P£0V1NCE OF NEW-HAMPSHIRE. [1716. with other necessaries I hope j^ou'l do w*all imaginable dispatch, & y' no consideration may retard your good purposes. Geo. Vaughan. After the foregoing Speech was read, it wag delivered to y* Speak'' of the House of Eepresentatives. Adjourned to to-morrow, 10 o'clock, a.^m. [p. 26.] Tro. N. Hamp'. At a Gen' Assembly, held at Portsm" by adjournm', Aug. 22"!, 171G. Present, The Hon'^'« Geo: Yaughau, Esq., Lt. Gov', Rob' Eliot, ? ^^^^^ Sam' Penhallow, ? -p,^^„ Eich Esqs. Mark Iluiiking, > Esqs. Sam' Penhallow, ) John Wentworth, ) James Davis, Esq., brought up an answer to y*^ Lt. Gov' Speech. Adjourned to 2 o'clock, p. M, Met according to adj'. Present, as before. Rich* Waldron & Jno. Plaisted, Esqs., were sent down to the House of Representatives to confer with that house upon some heads contained in their answer to y'' Lt. Gov" Speech, wf*^ s'' ans- wer was left AV* s'' house to be altered if they should see meet. The clerk was sent down to the house of Representatives w"^ a vote ab' tumiage of vessels, &c. Adjourned to to-morrow, 10 o'clock, a. m. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 651 [p. 27.] Pro : N. Hamp'. At a Gen^ Assembly held at Portsm° by adjouriiiu', Aug. 21, 17 IG. Present, The Hon'bie Geo: Vaughan, Esq., Lt. Gov% Rob' Eliot, I ., ^^ Sam' Penhallow, ? -n,,^ , liichi AValdron, \ ^^^^- Mark Hunkiug, I ^^^'" John "Wentworth, Esq. Sam' Penhallow, Esq., &.y'= Clerk was sent down to y*" house of Representatives w"^ a vote for settling fees on y'= officers of y'' Ad- miralty, custom house & on y*' naval officers ; also to recommend to their consideration y^ alteration of some of y® fees already setr- tied. Mr. Mai'ston brought up the following answ"' to y"= Lt. Gov" Speech, w* Such alterations as y" House of Representatives saw meet to make, since y"' s'^ answer was left w* y*^ house to be recon- sidered. He also brought up to y<= board y^ Councill's vote ab« tuunage of A'essels — not concurred w'^. In Answer to his Honrs. Speech. TV'e are sensible of y"= duty incumbent on this house to i)rovide for defraying y** publick charge of y"" Pi'ov : & to support y'' hon"" & dignity thereof, which we are of opinion is most reasonable to be done by an equal tax on all p'sons & estates w'^'iu the Same. "We find pr. y** Journal of this house there has been Standing Committees from time to time, Avho have examined all y*^ treasui*- er"s accounts, w"^^ upon their return have been approved of &o ac- cordingly voted pr. y^ Gen' Assembly; but all accounts Since such vote, we expect to inspect into, & desire y' y'' treasurer lay them before this house seasonably; & that he forthw* make a calcula- tion of what Sum of bills of credit of this Province have been omitted, what have been returned into y*^ treasury, what burnt, what repeated, & what lett out & to whom, & y* times limitted when y'= whole is to be called in. [p. 28.] The Act already in being ab* swearing town officers, we are of opinion is sufficient, & as to calling town meetings, we think y^ Law has made sufficient provision therefor ; as also for pay™' of ministers eallaries.* Pr. Ord' of v*' house of Representatives. Aug. 22^ 1716. R. Wibird, Clerk. • The House made two alterations in their first answer to the Lt. Got.'s Speech. (1) After the first paragraph : " That this house doe not proceed on an Act of Impost for the ensuing year. " (2.) After the third paragraph — " but, that there be An Act drawn up oblidgiug such town or parishes that shall willfully neglect to call and ■ettle an orthodox minister, to pay toward the Support of ye ministry in the Town or Parish they sprang from, or to the neighboring Town, after six months such neglect." 652 PROVINCE OF NEW-HAMPSHIRE. [1716. Pro : N. ^amp^ Met according to adjourum*. Present as before. Col. Rich"^ Waldrou & Col. Mark Hunking, Esqs., were sent down to the house of liepresentatives to recommend to their con- sideration y'' presenting- his Hon'' y*^ Lt. Gov"^ av'^ the sixty pounds w^h would have been due to his Excellency Col. Dudley, had not Col. Vaughan published his Lt. Gov"" Commission & taken upon him y" administration of y'' governm*. . The Clerk was sent down to the house of Representatives av* a vote for drawing up of forms & p'esidents for ouths, writts, summons, &c., in order to be printed. LIr. Marston brought up a vote to this board ab' providing for Col. Shute's reception. Joseph Davis p'ferred a petition to y"^ Gen' Assembly for an Act to be passed for a special court, that he might have his tryal for accidentally killing a child. The petition being read at y*^ Coun- cill board, it was sent doAvn to y" house of Representatives pr. y" Clerk. Capt. Jno. Gillman brought the following vote to this board from y= house of Repi'esentatives concurred with. [p. 29.] In Council]. Voted, That there be p'sidents & forms of oaths, writts, sum- mons, &c., considered and draAvn up by a Committee of both houses in ord"" to be printed with y'' body of Laws. Aug'' 24, 1716. R. Waldrou, Cler. Con. 2-i'^ Aug*'', 1716. Concurred w"^ in y" house of Representatives. R. Wibird, Clerk. Adjourned to 10 o'clock to-morrow. Pro : N. IIamp^ At a Gen' Assembly at Portsm° by adjournin' Aug^' 25«S 1716. Present, The Hou"'''= George Vaughan, Esq., Lt. Gover"", Rob' Eliot, j) John Plaisted, J) Ricli'' Waldrou, > Esqs. Mark Huuking, > Esqs. Sam' Penhallow, ) John Vrentworth, ) Maj'' Wear & Capt. Gillman came to this board, to pray in be- half of y« house of Representatives, y' Avhei-eas it was Saturday , & notlaing lying before that house, that they might be dismist. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. G58 The Clerk was sent down to y« bouse of representatives w"* a vote of Councill for lodging y'^ bonds y' are y" security for y« niouy lent out of y" Treasury, iu some uninterested p'sons bands. Mr. Tibbets brought up y*^ following vote to this board, con- curred with. In Councill. Voted, That the Committee appointed to supeiwise & collect a body of Laws for y'^ press,, be y'^ Committee for drawing up y' forms and p'sidents for oaths, writts, summons, &c. Aug-^' 24, 1716. 11. Waldron, Cler. Coun. Concurred, — Pr. order of bouse of Ileprcseutatives. R. Wibird, Clerk. Mr Eastman brought np a vote to this board for Capt. Gerrish's keeping y*^ bonds given for y" security of y" mony lent out of y* Treasury, w<=^ vote was returned by y'^ clerk not concurred w'^. Prorogmed to Wednesday, y« 12, 7^', 1716. [p. 30.] Pro : N. Harap'-. At a Gen' Assembly held at Portsm°, by Proro- gation, Sept. 12, 1716. Present, The Hon'"<> George Yaughan, Esq., Lt. Gov% Eichi Waldron, ? t^^^„ John Plaisted, ? -p.^q Sam' Penhallow, \ ^^"^^^ Mark Hunking, ] ^^"l^- John Wentworth, Esq. Adjourned to to-morrow, 10 o'clock, a. h. Pro : N. Ilamp'. [Met according to adj*,— Present as before Except John Plaisted, Esq.] Mr. Sheriff Phipps made a representation to this Board of yo deficiencies of y« Goal in writing; w'='^ being read, was sent down to y® house of Representatives pr. y^ Clerk. Tim'^ Davis, jun'", presented a Petition to this board, directed to y» Gen' Assembly, against Walton Hull's becoming a banckrupt, w^*^ being read was sent down to y'^ house of Representatives pr. y® clerk. Col. Smith brought back Tim° Davis's petition from y« house of 654 PROVINCE OF NEW-HAMPSHIRE. [1716. Eeprosentatives, & gave j^ opinion of that liouse (viz.), y' AYal- tou Hull, y'^ s'^ Tim° Davis's Deb'', could have no benefitt by y« Act ab' bauckrupts. Adjourned for two hours. Pro : N. Ilamp'. Mett again according to adjournm'. Pi'esent in Councill as Before. The Clerk was sent down to y"^ house of Representatives w''" a vote for swearing all town officers. Mr. Jn° Gillman returned y« vote ab' swearing town officers to tills board, concurred w"^, as follows : In Councill. [p. 31.] Voted, That all town officers for y*' future shall be sworn before a Jus' of Peace, before they enter upon y<= execution of their respective offices. Sept. 13"', 1716. R. Waldron, Cler. Con. Concurred w"' in y^ house of Representatives, R. Wibird, Cler. Adjourned to to-morrow, 10 o'clock a. m. Pro : X. IIamp^ At a Gen' Assembly held at Portsm° by adjournm', Sept. W^, 1716. Present in Councill, The Hon"''^ C4eo. Yaughan, Esq., Lt. Gov"", Rich'' Waldron, ? -p Mark Ilunking, ? -j^ Sam' Penhallow, \ ^^^^- Jno. Wentworth, <, ^^ -i*^' The Clerk was sent down to y'= house of Representatives w"^ a vote for running all y^ town boynds w"'in this Province, w'^'^ vote was returned from y^ house of Representatives to y^ Councill board, not concurred w*,* pr. Mr. Eph" Marston. The Clerk was sent down to y« house of Representatives w"' a vote ab' y'^ reception of Col. Shute. Adjourned to to-morrow, 10 o'clock A. m. * The following vote was passed by the House Sept. 13th. Voted, That ye bounds of each Town & parish within this Pro : shall be run & bounds Keuewed once ia three years; and that the Proprietors of all unfenced lands that aro in common, shall run ye lines once in two years, tlie same to be done by ye Lot layers of each Town or Parish, under penalty, and the party refusing or neglecting shall for- feit twenty shilliugs for every neglect. Pr. order of the House.' 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 655 Pro : N. Hamp'. At a Gen^ Assembly held at Portsni", by ad- journmS Sept. 15'", 1716. Present in Councill, The Hon'''^ Geo. Vaughan, Esq. Lt, Gov'', Rich"! ^yaklron, ? ^^^^ John Plaisted, ? -r. Sami Peuhallow, \ ^^l^" Mark Hunking, \ ^"^*- John Went worth, Esq. His Hon'' y'= Lt. Gov'' laj^ed a memorial before this board, ab' settling new townships & running a highway from Kingston to Northfield. [p. 32.] Sam' Penhallow and Mark Hunking, Esqs., were sent down to the house of Representatives to lay y'= memorial ab' lay- ing out new townships before the House, & to desire their speedy dispatch of any matters lying before them. The following vote was returned from }•* house of Representa- tives to this board concurred with. In Councill. Voted, That Mr. Treasurer Penhallow make pro\ision for the reception of Col. Shute, w^bcn he shall arrive in this GovernmS & y* mony be reserved in y*^ treasury therefor, (viz.) one hundred pounds, & y' those Gen' appointed to wait on Col. Burgess,* in case he had come o'' Gove' to congratulate liim on his arrival, bo desired in like manner to wait on Col. Shute, w° he shall arrive^ to coniplim' him in behalf of this governm'. Sept. 14, 1716. R. YAildron, Cler. Con. Voted a concurrence in y'^ liouse of Representatives. R. Wibird, Clerk. The house of Representatives answer to y° sheriff's remon- strance ab' y« Goal, is, y' there is care already taken ab' s'^ Goal, w"^" answer is on lile, dated 7'"' 15, 1716. The house of Representatives sent up a vote to this board for suspending y^ consideration of laj-ing out a new highway to North- field, & making new touns, till next sessions. Adjourned to Thursday, 27* inst. * See Council Eec, Oct. 27tli & 23tb, 1715, NotG. 656 PROVINCE OF NEW-EAMPSHIRE. [1716. [f. 33.] Met and adjourned to 28*. Pro : iST. Hamp^ At a Gen' Assembly held at Portsm" by adjournm*, Sept. 28"^, 1716. Present in Councill, The Hon'"« Geo. Vaughan, Esq., Lt. Gov% EichMYaldron, 7^ John Plaisted, 7^ Sam' Pcnhallow, S ^ Mark liunking, I ^^l^* John Wentwortb, Esq. Capt Jn" Gillman brought up y^ Act ab* fees to this board & de- clared y' y'^ house of Representatives are satisfycd w"^ y' Act as it now is, & y' they will not proceed to alter it.* Adjourned for 2 hours. Pro: N. Hamp'. Met according to adjournm'. Present in Councill, As before. Mr. Marston brought up a vote to this board about printing y° table of fees. The Clerk was sent down to y° house of Eepi'esentativcs w* a vote for amending y'' table of foes & then to have them printed, &c. Mr. Jno. Gillman brought up a vote to this board for altering y^ place of y^ Courts sitting w*'^iu this Province, Adjourned to to-mon-ovf, 10 o'clock, a, m. [The following is the vote of the House.] "WTiereas the Courts have been kept, formerly at the several towns within this Province, w'^'^ must needs be a benetitt to tho Towns wliere they ai-e holden. Voted, That for the future the Courts be kept at the times and days by Law appointed, and at the several Towns as followeth, viz: At Portsmouth, the two Courts of Governor & Councill to lay [?] Appeals, as also one Superi'" Court of Judicature in y" month of Februarj^, and the Genera] Quarter Sessions of tlie Peace, with the Inferior Court of Common Pleas following the said Sessions of Peace, to be kept in the month of Decemb'', annually. At Hamilton, one Superior Court in y" month of August, tho * Votod, That the Law for regulathig the fees bo printed with the other Lawe. Journ. of noust. 1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 657 General Quarter Sessions of Peace & Inferiour Court, following in the month of Sopf Annually. At Dover, the General I (^uarf Sessions of Peace Avith the fol- lowing- Inferiour Court above said in the month of June annually. At U.veter the General (Quarter Sessions of the Peace iV- y'= fol- lowing Inferior Court of Common Pleas in the month of March yearly. Pr. Order of the House of Representatives. Sept. 28"% 1716. Desents from this Vote, Rich<^ Gerrish, Geo. Jaffrcv, KichMVibird, Jn" Downing-. Journ. of House. [p. 34.] Pro:N. Hamp^ At a Gen' Assembly held at Portsm'^ by adjournmS Sept. 29''^, 1716. Present, in Councill, The Hon'"« Geo. Yaughan, Esq., Lt. Gov% Eic"* Waldron, ? ^ John Plaisted, ? ^ Sam' Penhallow, S ^*^^- Mark Hunking, ^ ^^^^• John Wentworth, Esq. Sam' Penhallow and Mark Hunking, Esqs., together w"" y*" Clerk, Avere sent down to the house of Pepresentatives to adjourn them to Wednesday, y« twenty-fourth of October next ensuing. Adjourned to y'^ 2-^^^, 8^"" next. Pro : X. Hamp^ 8'^'- 2-1, 1716. The Gen' Assembly was Prorogued to O'"' 21 . The Gen' Assembly is again prorogued to 10'"' 5. Pro : N, Hamp^ Dec. 5, 1716. This day y« House of Representatives Avas dis- solved. 42 658 PROVINCE OF NEW-HAMPSHIRE. [1717. Pro : X. Hami/, At a Geu' Assembly held at Portsm" January tlie tenth day, 171C-7. Present, His Excellency Saml. Shute,* Esq., Gov"", His Hon"" Geo. Vaughan, Esq., Lt. Gov% Sam' Penhallow, j) Theo. Atkinson, j) John Wentworth, > Esqs. Geo. Jaffrey, > Esqs. Kich' Gerrish, ) Eich^ AYaldron, ) Tho. Westbrook, Esq. This day his Excellency the Gov"" took y* oath of abjuration, as also did Geo. Taughan, Esq., Lt. Gov"', and Sam' Penhallow, John "Wentwortli, Rich'^ Gerrish, Theo. Atkinson, Geo. Jaffrey, Rich'^ Wibird & Tho. AYentworth, Esq., & Subscribed the Same. Tho' Pliipps, Esq., high Sheriff, made return of y*' Assembly men chosen to represent the Severall tov/ns of this Province, "whose names are as follows : Porfsnio. Dover. [r. 35.] Col. J}io. Plaisted, Capt. James Davis, Capt. Geo. Wallcer, Mr. Sam' Tibbets. Mr. Eph=' Dennct. JS\ Castle. Hampton. Capt. Jotham Odiorn, Col. Jos: Smith, Capt. Hugh Reed. Maj. Pet' Weare, Kingston. Mr. Epli'^ Marston. Mr. Sam' Eastman. Exeter. Stratham. Capt. John Gillman, Capt. Andrew Wiggiu. Lt. John Gillman. yewington. Mr. Jn° Dam. The Sherift' was sent down to y" House of Representatives to call them to y® Couucill- board, who came accordingly, where were administered to them y'= oaths instead of y"" oaths of allegi- ance and Supremacy; also y*= abjuration oath, which they sub- * Samuel Shute, Governor of ^Massachusetts & New Hampsliire, was the son of an eminent citizen of London. His mother was the daughter of Mr. Caryl, a dissenting minister of distinction. His early education was under the care of Charles Morton. From London he was sent to Leyden, and afterwards entered the army of King Wil- liam, served under Marlborough and became a Lieutenant. He was wounded in one of the principal battles in Flanders. Arriving at Boston as Governor, Oct. 4, 1716, in the place of Dudley, he conthuied in office a little more than six years. He first came to .New Hampshire, October 17th, 1716. [See Council i?«?c.. Vol. II, p. 695.] As the Kecords serve to show, his administration was embittered by animosities among the Councillors, by conflicts of opinion with Lt. Gov. Vaughan, and by opposition from the Representatives. He returned to Euglaml, in January 1723, and died April 15, 1742 aged 80 y€ars. [Allen's Biog. Die.]— Kd. 1717.] JOURNAL OP COUXCIL AND ASSEMBLY. 659 scribed to; vr^^ matter being liui.shed,liis Excellency desired thcni to w"\lraw & settle their Iiouse, w^^ they did, & afterward p'sent- ed John Plaisted, Esq., y« Speaker, who was well accepted. [Jos. Smith was chosen Clerk.*] Then liis Excellency made a Speech to both houses, a copy whereof was delivered to y^ Speaker of y*^ House of Representatives. It is as follows : Gentn: It is to me a great pleasure & Satisfaction y* his Maj"'' has been pleased to make; me Gov"" over a Province where y*^ "people have always si<4'nalised themselves in their duty and Loyalty to their Prince. Give me leave to assure you, y' one now fills y'' throne of Great Brittain, in wliose royall p'son all virtues are liiett, w*^"^ in their proper turns shines forth in stroni^ liijht; a Prince whom God has graciously caused to trample upon y'' necks of his unnatural enemies, Avho conspired against him and his royal family, even without y^ least semblance of reason; so that by y'' preservation of y'^ illustrious house of Hanover, the dai-k & gloomy shades of Popery and Slavery w'''^ were surrounding us from every side are dispersed, & we have now bright and happy views before us of y" long enjoym' of y'' most valuable blessings of life, our Religion Mark Tlunking, > Esqs. Geo. JaflVey, > Esqs. Jn" Wentworth, ) IJich* Wibird, ) Sam. Penliallow & John Wentworlh, Esq. were sent down to the house of Representatives to inform y' house that Rich'' AVal- dron, Esq., Judge of Probate, had been at y« Council Chamber to pray y" advice of his Excellency & Council in a matter that is now before him as Judge of Probate (viz.), the granting letters of administration to y'' creditors of the estate of Sir Charles Hobby, dec"!, to ask their thoughts on this matter. This day his Hon"- the Lt. GoV & the Councill took an oath to be faithful Councillors, as also y" oath of secresy. Thomas Phipps, Esq., high sheriff, & Rich'' AYaldron, Cler. Con., took also y<^ oatli of secresy, and Benj. Akerman, the door-keeper. Adjourned till Monday next, 11 o'clock a. m. Pro : N. Ilamp'. At a Gen' Assembly, held at Portsmo by adjournm' Jan. 1-i*, 1716-7. Present, IVIark Hunking, j^ Shad. AValton, > Esqs. Rich'' Wibird, ) Adjourn'! till 3 o'clock, p. m. Pro : N. TIamp'. Mett according to adjournm'. Present, as before. Adjourned till tomorrow, 10 o'clock a. m. 662 PROVINCE OF NEW-HAMPSHIRE. [1717. [f. 38.] Pro;2;r. ^amp^ At a Gen' Assembh^, held at Portsm*' by adjourn' Jau. 15*, 1716-7. Present, His Excellency Samuel Shute, Esq., Gov"", His Hon"" George Vauglian, Esq., Lt. Gov'', Sam' Penliallow, ^ Theo. Atkinson, ^ ]\[ark Hunking, > Esqs. Shad. Walton, > Esqs. John Wentworth, ) Eich'^ Wibird, ) Tho. Westbrook, Esq. Mr. Ei)h^ ]\[arston brought up a vote to this board for laying a duty on y* importation of European Goods. Eich'i Gerrish, Esq., made y"^ following motion at the Council Board (viz.). That whereas he had the bonds in his custody w*^'* were given for y" security of the £1500 lett out of y*" treasury; and the house of Keprescntatives demanding the same, he i)rayed the advice of His Excellency the Gov"' and Councill thereupon: upon which it is In Councill, Ordered, That the s'' bonds be delivered by him to the s*^ house of representatives ; and accordingly, Thom^ Westbrook, Esq., is desired to go down to y*^ house of Representatives w"' y*^ s*^ Eich*^ Gerrish, Esq., to see the same effected. Adjourned till 3 o'clock p. m. Pro : N. Hamp'. Met according to adjornm'. Present, as before. Eich'^ Gerrish, Esq., laid a receipt before this board, signed by the Clerk of the House of Eeprcsentatives, for y^ several bonds given for y"^ security of £1500 lett out of y*= treasury, &c., de- livered by him to the house of representatives,* which receipt y*^ said Gerrish took again to himself. Adjourned till tomorrow, 10 o'clock, a. m. "* Tho house ordered, "That said bonds for ye present be lodged in the hands of Joseph Smith, untill further order by vote of the house." 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 663 [p. 39.] Pro : N. Hamp^ At a Gen* Assembly held at Portsm" by atljournm' Jan. 16"% 171G-7. Present, His Excellency, Samuel Shute, Esq., Gov% His Hon'' George Vanghan, Esq., Lt. Gov% Sam' Penhallow, "l Geo. Jaftrey, "l Mark Hunkiiio-, I „ Shad. Walton, ■ I ^ Jiio. Wentwortli, f ^^^^' liiclri Wibird, f ^^'^' * Theo. Atkinson, j Tho. Westbrook, J Adjourned to 3 o'clock r. sr. Pro: N. Hamp'. Met according to adjournm'. Present, as before, also, Kicli'i Gerrish, Esq, Mr. Marston brought up a vote to this board for a Committee to supervise the Laws in order to have the remaind'' of them printed ; & ab' Collectors' and Naval officers' fees. Mr. Nowell, of York, came to y« Couucill board & informed his Excellency that there was several Indians uowj coming over the ferry to wait on his Excellency: upon which it "was In Councill Ordered, That they be severally allowed 2*^ per diem, for 3 days, if they tarry in town so long. P. Waldron, Clcr. Con. The Clerk was sent down to y« house of Representatives w''^ a vote for a duty on Exportation of lumber. Adjourn'^ till tomorrow, 10 o'clock, a. ^r. [p. 40.] Pro : X. Hamp'. At a Gen' Assembly, held at Portsm" by adjournm*, Jan. 17"^, 1710-7, Present, His Excellency, Samuel Shute, Esq., Gov"", His Hon'' (reorge Vaughan, Esq., Lt. Gov^ Mark Hunkiuir, ? y Theo. Atkinson, } -^ Jno. AYentworth, ^ ^'-'l^- Geo. Jaffrey, S ^" PichEsqs. Shad. Walton, > Esqs. Rich'' Gerrish, ) Eich'^ ^Mbird, ) Thos. Westbrook, Esq. One of the members of the liouse of representatives brought a resolve to this board for Mr. Treasurer Penliallow's accounts being laid before tliat house; also, a vote for calling the Gent" to an account that had the £1500 out of the treasuiy, for their not paying their money according to their bonds. Mr. Treasurer Penhallow Avas sent down to the house of repre- sentatives to give them satisfaction about liis accounts. In Councill. Advised, That the Gen*"^ tliat had the [p. 41.] £1500 out of the treasury, and gave bonds for the same, go into y'^ house of repre- sentatives in ord' to satisfy that house in that matter. Salathiel Denbow p'sented a petition * at this board, directed to * Petition, ^'c. To his Excellency, Samuol Shute, &c. The humble Petition of Salathiel Denbow, a Pore Souklicr Imprest Into the eervice of sd Province, on the late Cannada Kxpeilition: Sheweth; that your humble Peti- tionr Dill in the service of this Province ia the late Cannada Expoditioii, receive a Rup- ture in his thigh at Spanish river, in Cape Bretoone; and, whereas there hath formerly smart-money (1) been allowed him, in hoi)es that he might be ji'fectly cured & Enabled to get his own Living; & tho' the country hath been at charge for the cure, yet your Petitionr hath alsoe been at great charge to several Docktors & loss of a great deale of time & undergou a great deal of Paine and ^Misery, and cannot find heli> from any to make a cure of it, soe that your Petitioner is wholly disable from getting his Living. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 665 the Geu^ Assembly ab' his being wounded in the late war, v,"^ was read at y" board. Kich'^ Gerrish & Geo. JelTrey, Esqs., were sent down to the house of Represeutatives w* their bill for an impost on importa- tion of liquors, * &c., not concurred w*. The clerk was sent down to y'= house of representatives w* Sa- lathiel Denbow's Petition. Adj-^ to 3 o'clock, f. m. Pro : N. Ilamp''. Met again according to adjournm'. Present, — as before, also, Theo : Atkinson, Esq. Adjourned till to-morrow, 10 o'clock, a. m. Pro : N. Hamp'. At a Gen' Assembly held at Portsm° by adjournm', Jan. the 19"^, 1716-7. Present, His Excellency, Sam' Shute, Esq., Gov', Mark Ilnnking, "^ Geo. Jeffrey, j) Jno. Weutworth, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Theo. Westbrook, 5 Mr. Dam brought Salathiel Denbow's Petition to this board, to- gether w''^ a vote for granting y'' s*' Denbow ten pounds, &c. Y'^ vote was concurred w"' in Councill, and is as follows : Voted, That y*^ i)etitioner Denbow be allowed ten pounds out of the treasury for his relief, and that he be allowed liberty to list himself a soldier at Fort Wm. & Mary, if y^ Capt. of s'' Fort think him capeable, & y' y* said ten pounds be delivered to the Therefore Humbly prayes yor Excellcie & tbe Generall Assembly to allow bim jome pensii)ii yearly to help support him ; as in yor wisdome you shall see meet, and your Petitioner shall ever pray, &c. liis Salathiel X Dexbow. marii. Portsmoin New Hampr, Jan. ye 18tb, 1716-7. (1) Money allowed for soldiers and sailors in tbe English service for wounds and in- juries received. — IFeb. Die. *In tbe house, — " Voted, That a duty of impost be laid upon liquor imported into this Province from beyond sea: (viz.) ten shillings for ever}- blid. of Rum ; eight shil- lings for every Pipe of Pj-all wine; ten shillings for every pipe of Mailira wine; six- teen shillings for every pipe of Canara or Pasadawine; and for all European goods one penny sterliug in tbe pound. And to continue for one year, allowing one twelfth part for leakage of ye liquor." 666 PROVINCE OF NEW-HAMPSHIRE. [1717. selectmen of Dover, to be disposed of for tlie use of s'^ Demnore, as the Major part of them shall [f. 42.] see meet. Read three tunes and past by the honse of Representatives & sent up for concurrence. Jan. 19*, 1716-7. Joseph Smith, Clerk. In Councill. Voted a concurrence. Jan, W^, 1716-7. R. Waldron, Cler. Con. Mr. Dam brought to this board a vote for removing y* Courts of Justice to Hampton, Dover, &c. The Clerk was sent down to y^ house of representatives w"^ y vote of that house ab' Collectors' & Naval officers' fees, &c., for amendni'. Capt. Davis brought a vote to this boai'd from y'' house of rep- resentatives for drawing a new table of fees, w'^'' was concurred w"' in Councill. It is as follows: Voted, That a Committee of both houses be chosen to super- vise the laws not yet printed ; and also, to draw up an Act for regulating all officers' fees, as well Collectors' and Naval officers' fees as others, in order the Act be printed as soon as may be.* Read three times and past by the house of representatives & sent up for concurrence. Jan. 19: 171G-7. Joseph Smith, Clerk. Eodem die. In Councill. Voted, A concurrence w* y*^ above vote, & appointed y' Geo. Jeffrey & Jno. Weutworth, Esqs., be of a Committee from this board for y'' service above. Pr. ord''. R. "Waldron, Cler. Con. Voted, That Col. Joseph Smith & Maj. Wear be a Committee to joyn with y'' Committee of y"^ Upper house for drawing up the Act. Jos. Smith, Clerk. Adjourned to Monday next, 3 o'clock, p. m. *See Laws, witli fees, &c., together, in this vohune. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 667 [p. 43.] Pro : N. Harap'-. At a Gen' Assembly held at Portsm" by ad- jourum*, Jan. 2P', 1716-7. Present, His Excellency, Samuel Shute, Esq., Gov"", His Hon'' Geo. Vauglian, Esq., Lt. Gov', Sam' Penhallow, j^ (rco. Jetfrev, ^ Mark Hanking-. V Esqs. Eicli'' WibiVd. > Esqs. Jno. Wentv.-orth, ) Tlio. Westbrook, ) Adj'' till to-morrow, 9 o'clock, a. m. Pro : N. Hamp"". [Met according to adjourum*.] Present, — as before. (Except Jno, Wentwortb & Mark Ilunking, Esqs.) Adjourned till to-morro^^-, 9 o'clock a. h. Pro : N. Hamp''. [Met according to adjournm'.] Present, His Excellency Sam' Shute, Esq., Gov'', His Hon'' Geo. Yanghau, Elsq., Lt. Gov"", Sam' Penhallow, "j Geo. Jaffrey, "] Mark Hunkiiig, I T?,^a Shad. Walt^^n, I ^ John Weiitworth, f ^^^^- Kich'' AVibird, f ^^"l^" Theo. Atkinson, J Tho^ Westbrook, J His Excellency the GoV having w^drawn himself from the Councill board, it was moved y' y" Councill ought to give an an. svrer to his Excellency's speech ; wliercupon, it was In Councill Voted, That it should be so, & y' Sam' Penhallow & Geo. Jef- frey, Esqs., be a Committee to draw up y'' same. E. Waldron, Cler. Con. Lieut. John Gillman brought up four votes to this board from y" house of representatives (\'iz.) : a vote about the distribution of y^ Law books ; a vote for a Committee to audit y^ publick ac- counts of this Pro\ince; a vote for p'senting his Excellency the Gov'' w* two hundred pounds, & a vote for continuing all y« Xew Hamp'' bills of creditt in the treasury that are [p. 44.] there ; w*^*^ votes ab' the bills in the treasury and distribution of the Law books were sent down by Rich'' Gerrish and Theo. Atkinson, Esqs., for amendm'. John Wentworth, Esq., was sent down to y^ house of represen- tatives to desire y"' to reconsider their votes ab* giving the Gov"" 668 PROYINCE OF NEW-HAMPSHIRE. [1717. two hundred pounds, w'^^ is fifty pounds sliort of Avliat has been heretofore p'sented. The Clerk was sent down to the house of representatives w* y* vote of that house for a Committee of auditt concurred w"", &c., for an addition to be made to s"^ vote (viz.) who tlie Committee should be. The vote is as follows: Voted, That a Committee out of both houses be chosen to re- ceive y'' claims and adjust y^ Province debts, in order to their being laid before the Assembly for allowance. Read & past by the House of Eepresentatives & sent up for concurrence. Jan. 2'i^, 171G-7. Joseph Smith, Clerk. Eodem die. In Councill. Voted, a concurrence, & further voted that Eich<* Gerrish and Geo. Jeffrey, Esq., be of a committee from this board for that ser- vice, as also John Wentworth, Esq. R. Waldron, Clerk Con. Voted a concurrence, and also voted, that Col. Jno. Plaisted, Col. Joseph Smith & Mr. Hugh Read joyn w* the p'sons of the ujiper house for y** aftair aboves'^. ,^ Joseph Smith, Clerk. Aeljourned to 3 1-2 o'clock p. ir. Pro. iST. Hamp^ Met again according to adjournm*. Present as before. This day the house of Representatives made an answer to his Excellency the Gov" speech, which was read at y° Councill board, as followeth: 3Iay it please your ExceUency : We heartily congratulate yo'' Excellency upon yo' safe arrival into this Prov: over which his Majesty has been graciously pleased to constitute and appoint youerself Gov''; and we must always, with all humble gratitude, acknowledge his Majesty's tavor in giv- ing [r. 4.5.] us a Gov"" of so good chasacter; nor can we omitt to adore the Almighty God, who, by his over-ruling Providence, even to a miracle, has seated on y^ British throne a King every way accomplished w* all royal virtues & graces, notwithstanding the utmost etForts of his enemies abroad, & his most unnatural & rebellious subjects at home, to p'vent the same; Avhich gives us a fair view of good and peaceable days for a great Avhile to come. We thankfully take notice of your Excellency's good advice for y^ extirpation of %ace and encouragement of virtue, & shall en- deavour, in our several stations, to promote the same, w'''' will be best eflccted by y* Magistracy's putting the penal laws in execu- 1717.] JOURNAL OP COUNCIL AND ASSEMBLY. 669 tion. As to divisions among- ns, we mnst confess there lias been too much of that, but we are hopeful by yo'' Excellency's good advice that may be brought to an end, whereby yo'' Excellency will acquire to yourself that blessing due to peacemakers. As to v« complaints made to yo"' Excellency of a great waste made in y« woods of Pine trees fitt for his Majesty's Navy, we say that as soon as Lt. GoV Vaughan arrived, ''^ support, uutill we can be enabled to do farther for him; & w* more shall be thought necessary at this sessions, we shall enter upon w"'out ad- mitting longer delavs. We have one thing more to give your Excellency to understand as a grievance throughout v'^ Province, in y' some of the (Jcnt" of the Councill, approved for their loyalty and abilities, by y« misrep- resentations of some p'sons not well affected to the Goverm'* ; w"='' we are humbly of opinion is [r. 46] an abuse to the Crown, a weakening to yo"" "Excellency and a damage to the Province. It only remains that we pray God Almiglity for a blessing upon your Excellencv's administrations, that they may have always a tendencv to God's glorv, y« King's honor, and the peace and pros- perity of the Province, that the Inhabitants thereof may live quiet and peaceable lives in all godliness and honesty. John Plaisted, Speak'". Read tbree times in the house of Rep- resentatives & past. Ordered to be sent up. Jos. Smith, Clerk. Adjourned till to-morrow, 10 o'clock a. m. * This sentence seems to be incomplete. But in relation to the " grievance " spoken of, Belknap says : — " When Governor Shute came to the chair, several of the old counsellors were laid aside, and six new ones appointed, all of whom were inhabitants of Portsmouth." "The Assembly remonstrated agahist the removal of the old coun- sellors, and the contining of the new appointments, both in the Council and the Judi- cial Courts, to residents in one town, as being contrary to former usage, and giving an advantage to the trading, above the landed interest." — Ed. 670 PROVINCE OF NEW-HAMPSHIRE. [1717. Pro f X. Ilamp''. At a Geu' Assembly lield at Portsm" by adjourm', Jan. 24''", 171G-7. Present, His Hon' Geo. Vaugban, Esq., L' Goy^, Jolin Wentwortb, i Geo. Jattrey, ^ Bicb'' Gerrish, > Esqs. Sliad. Walton, > Esqs. Tbeo. Atkinson, ) Kicb'^ Wibird, ) Tho. Westbrook, Esq. Tliis da_ytbe Councill voted a concurrence w"^y'' representatives' vote for giving tlie Gov"" tvro bundred pounds. Tho vote is as fol- lows : Voted, that his Excellency Gov"" Slmte be p'sented w"^ two hun- dred pounds in bills of credit, to be paid out of y"^ treasury, n"^ we pray bis Excellency to accept. Kcad three times in y^ house of representatives and past. Sent up for concurrence. Joseph Smith, Clerk. Jan 22-1 1716. In Councill. Jan. 24* 1716-7. Voted a concuri'ence w"^ the above vote. E. AValdron, Cler. Con. The Clerk was sent down to the house of Representatives w"^ a vote for rej)ealing y*= act for making lands and tenements lyable to y'^ paym' of Debts. Maj'' Wear came to this board in behalf of y"^ house of Repre- sentatives, to pray an answ"" to y^ vote of y' house ab' removing y® courts. Adjourned to 3 o'clock, p. Ji. [p. 47.] Pro: N. Hamp^ Mett according to adjourm'. Present, His Excellency the Governour, and others as before. The Clerk was sent down to the house of representatives w"* a vote of Council] ab' y^ distribution of Law books, together with the vote of that liouse i-elating to that matter not concurred "w"^. The Clerk was sent dow^n to y'^ house of i*epresentatives w"" y' vote of that house ab* the removal of y" Courts not concurred w'^ in Councill. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 671 Capt. Odiorne brought up a vote to this board from y" house of representatives for y'' makeing- tcu thousand pounds bills of creditt, &c., w'^^ was concurred w"' in Councill and is as follows : Whereas there is great want of a medium to carry an end y"^ trade and commerce of this Province, & for encourageni^)f which, Voted, That ten thousand pounds Province Bills be emitted and printed for y'= use aforesaid, on a fund of y^ Estates of this Prov- ince, & that it be lett out for twenty-three years to come, and that every town (if they see cause) have its proportion, according to the last Province rate, and to be sett at five i^er cent for twenty- three years ; each p'son paying five pounds yearly & every year, for twenty-three years, shall acquit him and heirs, &c. forever both of y^ Principal & interest ; & that a committee of both houses be appointed and impowered to manage this afiair, both in making, signing and letting out this money; and that all orders by them made be observed by each town, and that y^ first year's ijiterest be paid in hand towards y" defraying y'' charges of s*^ committee in making and printing said Bills ; and y' y*= committee be allowed reasonable satisfaction for their care and pains therein, and that no p'son be allowed to take more than three hundred i:)ounds, & none less than ten ; and that land security be given for double the value of y'' mony so lett, & if any p'son neglecting or refusing to pay y*' five p"" cent yearly, and every year as abovs*!, in such case the land so mortgaged for y*^ mony lett shall become forfeited to the committee for y° use of y" Province, and it shall be in y'= pow'' of the committee to make sale thereof by way of outcry, w*"^ sale shall be good in law to all intents and purposes w'soever, any law or usage to y** contrary notwithstanding — the Commitee retaining the over plus of w' such land sold for to y'' mortgager, his heirs or assigns, and that no p'son be sutfercd to have more than three hundred [p. 48,] pounds of the Province mony, at one time, (unless y** whole committee agree thereunto) , and that every per- son paying at any time y*^ Principal and interest shall take up his security, & that it be paid in this Prov: Bills. Read three times and past by a vote of y* Representatives. Joseph Smith, Clerk. Jan. 24.^^ 1716-7. Eodem die. In Councill. Yoted a concuiTcnce "w"' y"^ foreg'oing Vote. R. Waldron, Cler. Con. Capt. Odiorne brought a vote to this board from y^ house of representatives, for a committee to draw up y*^ Act ab' printing y" 672 PROVINCE OF NEW-HAMPSHIRE. [1717. ten thousand pounds, &c., which was concurred w"', and is as follows : Voted, That Col. John Plaisted, Esq., «fc Capt. James Davis be a committee to joyn av"' two of y« ui)per house for drawing up y"^ Act ab' bills of Creditt toj)o stamped, &c.; Jos. Smith, Clerk. Jan. 24, 1716-7. Eodem die. In Councill. Voted, That Theo. Atkinson and Rich'^ Wibird, Esq., be of a Committee to joyn w"' y' Gentl" above for the service abovesaid. R. "Waldron, Cler. Con. Adjourned to tomorrow, 10 o'clock a. m. Pro. N. Hamp'. At a Gen' Assembly held at Portsm° by adjourm' Jan. 25, 1716-7. Present, His Excellency Sam' Shute, Esq., Gov"", Sam' Penhallow, "l Geo. Jeffrev, "j Mark Hunkiiig, I f.^^^^ Shad. Walton, t. John Wentworth, f ^^'^^' Rich'' Wibird, \ ^^^''^ Rich" Gerrish, J Tho. Westbrook, j !Mark Hunking, Geo. Jeffrey and Shad. Walton, Esqs., were sent down to the house of Representatives, to recommend to them y*= consideration of pi'inting fifteen instead of y^ ten thousand pounds voted to be printed, &c. [p. 49.] The Clerk was sent down to the house of represen- tatives w"' a vote of Councill ab' Capt. Westbrook's laying out a ti'ain field in y*^ Plains, &c. Adjourned to 3 o'clock p. m. Pro : N. Hamp'. Met according to adjorm*. Present as before. John Denison, Esq., p'ferred a Petition to this board directed to y« Gen' Assembly in behalf of & signed by Mr. Daniel Rogers* of Ipswich, to have a special Act past, allowing y« Petitioner to review an action at law ag"' y'= commoners of Hampton. * Mr. Daniel Rogers was minister of Ipswicb, Mass. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 673 The Clerk was sent down to the liouse of representatives w* a vote for laying- out a new higli -sAay from T'ortsm'' to ILinii)tou. The Clerk was sent down to y'^ house of rcpi'esentatives to call them to this board in order to a conference. The House of Representatives sent a memb'" of y' house (viz.), Maj'' AYear, to this board to pray to know upon what head y'^ con- ference was to be. Upon whicli y" Governor commanded their attendance at y*^ Council Chamber. They came accordingly & conferred ab' y« Conmiittee for letting- out y® new mony. Capt. Walker brought up y« following votes to this board con- curred w''* in y^ house of Representatives (viz.), a vote ab' Capt. "Westbrook's hmug out a train field, &c., a vote for repealing y^ Act for making land and tenements lyable to y'' paym' of Debts, and a A'ote ab' y" distribution of y*' Law books. In Councill. Voted, That if Thos, "Westbrook, Esq., shall (for an accommo- dation of drawing up y*^ militia of town or Pro^'ince) lay out or cause to be laid out, six acres of land suitable & accommodable ^yth ye iai^j_-[ already laid out at y« Plains in Portsm", between Brewster's & Sherburu's, to be to y" use of the Publick as aboves* forever, that then & in such case, after s'^ confirmation, he, the s* Westbrook, shall forever hereafter have the liberty of keeping the only Publick house there, either by himself or another, paying to his majestic, [p. 50.] his heirs and successors, twenty shillings pr. annum. Jan. 25"% 171G-7. R. Waldron, Cler. Con. Voted, in Concurrence, Joseph Smith, Clerk. In Councill. Whereas there is an Act of y« Gen^ Assembly of this Province, entituled an Act for making land and tenements lyable to y<^ pajon' of debts ; & whereas the time limited in s'* Act for y'' re- demption of any land or tenement after an execution is leveyed on the Same is seven years, w'^'' is of very p'necious consequence & a great damage to the creditor, &c., Voted, That s'^ Act be repealed & that y« time of redemption shall be no more than two years in y*-' room of seven. Jan. 24«>, 1716-7. R. Waldron, Cler. Couu. 25"\ Voted a concurrence w"^ y*^ above. Jos. Smith, Clerk. In Councill. Voted, That y'^ Law books be distributed among y^ sevevall 674 PROVINCE OF NEW-HAMPSHIRE. [1717, towus of this Province in proportion according to tlicir last Prov : tax, except two books w='' shall be for y« nse of y'' Gov"^ & Coun- cill & lionse of representatives. P. Waldrou, Cler. Coun. Jan. 24"\. 1716-7. 25*, concurred w"' by y^ House of representatives. Joseph Smith, Cler. Adjourned till to-morrow, 9^ o'clock, a. m. Pro : X. llarnp''. At a Gen^ Assembly held at Portsm" by adjourum*, Jan. 26"^, 1716-7. Present, His Excellency Sani> Slmte, Esq., Gov% His Hon'' George Vaughan, Esq., Lt. Gov', :Mark Ilunking, ) Geo. JofiVey. j) Pich'i Gerrish, V Esqs. Puch'' AVil)ird. > Esqs. Theo. Atkinson, ) Tho. Westbrok, ) The Clerk was sent down to the House of representatives w"^ a Petition p'ferred to this board by Mr. Denison, in behalf of Mr. Daniel Rogers; also w"' a vote of Councill there about. [p. 51.] The Coiuicill Answer to the Gov"^^ Speech Avas tliis day read at j" Councill board, as followeth: 3fai/ if please your Excellency : — It is w"^ inexpressible joj-, y' after the serene conduct and ad- ministration of Col. DudleV,*our late Gov"", we can see yo'" Excel- lency now sitting at y^ helm of aftairs in this Province. And we cannot but adore y*^ divine Sovereignty in directing his most gracious Majestv to establish one over us Avho is every way so agreeable &" so well accomplished to rule and govern. Your Excellency's noble conduct while in y'^' tield of Battle, your braverv and courage in defence of British liberties, & y® Protestant interests, w"' y*^ many otlier illustrious virtues trans- parent in you, do seem to us as so many guarantees under God of uur future tranquillitv. And when we consider y" peculiar steps of Divine Providence in bringing his most sacred Majesty to y^ imperial throne of Great BritainT & since that, by enabling him victoriously to trample on the necks of liis unnatural enemies, we doubt not but y'= Same Providence will so establish him & liis most noble progeny, as that the Pioyal scepter may never depart y*^ most illustrious house of Hanover. In a peculiar manner we acknowledge your Excellency's great care & zeal in recommending to us y"" extirpation of vice &^ pro- moting of virtue, w'' bv divine assistance we shall endeavour to ellectr& as much as in lis lies, acconnnodate y^ Small divisions that have of late happened, y' so unity may be increased, y"^ name of God honoured. & our most Holy" Peligion advanced. 1717,] JOURNAL OF COUN'CIL AND ASSEMBLY. G75 And as to that important article of preserving pine trees for \° suppl}- of his Maj"'*^* Royal Navy, we shall henceforward esteem it our Duty more narrowly to observe & by all means pi'eveut such destruction thereof as has been of late. As to y'' support of yo"" Excellency while in the Governm^ we no ways doubt but y*^ House of representatives will take etfect- nal care thereof, being assured y' in every respect you'l study to advance our religious & civill Interests. Signed in presence & pr. ord'' of ve Conncill. Jan. 25, 1716-7. "Tr. 11. Waldron, Cler. Con. [p. 52.] Capt. "Walker brought up Mr. Eogers' petition p'ferred to this board, pr. Mr. Denison, together w"' y** vote of Couucill thereabout, not concurred w"^. Capt. "Walker brought up a vote to y" board from y'^ House of representatives for a Committee to lett out y^ ten thousand pounds voted to be i)rinted, &c. Five members of the House of Representatives were sent to this board, to bring an address from y' to the Gov'' W'' was read as follows : To his Excellency, Saml. Shufey Esq., Govr.-in- Chief of his Mafties Prov: of JVeu^ Hampshire, c6c. We. the Representatives of his Maj"'^^ Prov: of N. Hamp"", ask leave humbly to inform yotir Excellency of y^ State and condi- tion of this liis Maj""''^ Prov : the late warrs were very prejudicial! and almost insupportable ; many hundreds have fell by the sword; great desolations made; the people ready to forsake out towns, driven from their habitations & scarce capeable as yet to resettle tliemselves, so that they were cloatlied with Poverty; & y*' Prov: greatly plunged in debt & cannot come out, and the taxes are ex- traordinary for many years to come. However, we are chearfully willing to wade through these difficulties & do our utmost for y« support of y^ Coverm' & Hon"" of the Crown by a Support to your Excellency according to ourpow"". We ask leave to remonstrate some things w*^'' deeply atfect us: 1*^'. We say that when his Maj"'''^ first sent a Commission over to sever us from y** Mass", y" Councillors nominated & appointed, resided proportionally in each town of the Prov: and have more or less continued so till now, when some of our experienced, just and good men are laid aside, and y^ whole number residing w^'Mn two miles or therea'^' one of another, w'^'' we believe liis Majesty was not informed of; w'^'' hath been the occasion of great dltler- ences and animosities, & w'='' may further produce inconvenience, if not timely p'vented, y'^ Conncill consisting principally of merch*' & traders, whereby the revenue due to y*^ Crown by' an impost is wholly obstructed. 2"*^. And tho' we have endeavoured an impost several times, it has been opposed by those now in y« Conncill, so y' y" burthen lyes wholly on y*^ farmer and labourer, who till of late "have lived 676 PROVINCE OF NEW-HAMPSHIRE. [1717. in y^ haszavd of tlicir lives, & many brong-lit to desolation & pov- erty; whereas y<^ settlement on onr late Gov"" was on a fand of Excise & Impost, w'^'' impost is now wholly denyed & the [p, 53.] trading- part no ways assisting in lightening y*' land tax. 3"^ Our Courts are all kept at Portsmouth, — whereas formerly they were held at y^ other towns ; likewise our Judges are mostly of s^ Portsnr\ whereat we cannot but be grieved, and humbly pray yo"" Excellency's favour to consider' tliese things & so repre- sent w' is p'per to his most excellent Majesty, that we may again rejoice in y" royal favour we formerly enjoyed; that Councillors and Courts may be in each town as formerly and that we may not always be outdone by Gent" in trade, to the great discontent & uneasiness of the farmers & labourers; & that what other things are proper to your Excellency, may be so ordered that Ave may participate w* our neiglibors in all priviledges, & we shall ever be ready to do our utmost to strengthen your Excellency's hands & make y^'goverm' agreeable to your desires & to the ijrosperity of A'* Inhabitants' interests therein, &c. Voted & past by y*' House of Representatives & ordered to be delivered to his Excellency, Gov"" Shute, &c., by five members of this house. Jan. 25"% 1716-7. Joseph Smith, Clerk. Adj. to Monday, 9 o'clock, A. M. [From Journal of the House.] Voted, That this house pray liis Excellency the Govern% Col. Shute, do lay the Eemonstrance of the greivanccs of the Kepre- sentative body of the good people of this Province, olfered to your Excellency this present session, maj^ be laid before the King, in hopes of redress, as soon as convenience will permit your do- ing it. And what charge your Excellency may be at, we have past a vote to defray. Voted, That his Excellency be defrayed the charge thereof. Read and past by the house of llei^resentatives. January :2b, 171G-7. Joseph Smith, Clerk. Pro: N. Ilamp'. At a Gen' Assembly held at Portsm" by ad- ■..^ ^ journm* on Monday, y<= 28"^ Jan., 1716-7. Present, His Excellency Samuel Shute, Esq., Governour, His Hon'' George Vaughan, Esq., Lt. Governour, Mark Hunking, "I Geo. Jeftrey, "] Jno. Wcntworth, I -^^^^ Shad. Walt"on, ! -^ Rich^' Gerrish, [ ^^^^- Rich'i. Wibird, \ ^^^^^ Theo. Atkinson, J Tho"* Westbrook, Adjourned to 2 o'clock r. m. 1717.] JOURNAL OP COUNCIL AND ASSEMBLY. G77 Pro : N, Ilarnp'-. Met according to adjournm'. Present, as before, also Sam' Penhallow, Esq. Sam' Penhallow & Mark Ilunkiug, Esqs., were sent down to y* house of Eepresentatives w"^ y*^ vote of that house ab' y commit- tee for printing-, signing & letting out y* ten thousand pounds, voted to be printed, &c., [p. 54,] for amendm'. Mr. Dam brought up a vote to this board from y'= house of Rep- resentatives, desiring his Excellency the Gov"^ to lay y^ grievances of that house before the king ; w'^*' was non-concurred with in Couucill. Capt. Odiorue brought up y** votes of Representatives ab' y" Committee for letting out y^ money sent down by Sam' Penhallow & Jno. Wentworth, Esq., for amendm', with an under-written resolve that it should not be altered : Whereupon it was voted a non-concurrence w"* s'' vote in Councill, & the same sent back to the house of Representatives by the clerk. Jno. Wentworth & Geo. Jeffrey, Esq., were sent down to the house of Representatives w* the Clerk to read to them y'' Gov''" answer & y*^ Councill's answer to their address to the Governour : w*^'^ was as follows : Gent^: . I received yo' Address of y'= 25"^ inst., & assure you that I am always willing to give due attention to all just com- plaints made by the lower house to redress the grievances of the Province. I am but lately arrived amongst you & therefore un- capable of making a proper answer myself; do tliorefore refer it to the Councill, wlio are more knowing and acquainted w"^ the aifairs of the Province, whose answer is as follows: (viz.) Sa5i. Siiute. 3fay it 2:>lease i/our Excellency : In y'' Representatives' Address are sundry suggestions and in- sinuations w'^'^ are highly reflecting on liis most Excellent Majesty in y'^ nomination of this Councill, and on your Excellency in ap- pointing y"^ Judges in this Province, w*^*^ is altogether unparlia- mentary, tending to destroy all good understanding between y*' two houses, & to obstruct all things proper and necessary to be done for his Majesties' service and good of this his Province ; wherefore in honour and duty to y** king & your Excellenc}^, Sc for y" good of this goverm', we can't but resent, & in obedience to your Excellency humbly crave leave to make this reply to the s'' Address. It is true y^ late warrs were very destructive to many of his Majesties good subjects of this Province, & in a great measure obstructed its increase & settlement; notwithstanding the great charge thereof & many hundreds that have fallen by the sword, 078 PROVINCE OF NEW-HAMPSHIRE. [1717. yet it hath pleased Almighty God to be so iiropitious to us that our iininbcrs are much iucreased, our trade abiuidautly greater, •"■ Speak"' & p'sent him at three o'clock afternoon, at w*^"^ time he should be again p'sent in Councill. Adjourned to 3 o'clock, p. bi. Pro : N. Hamp''. Met again according to adjornm'. Present in Councill, as before. The Clerk was sent down to y® house of representatives to in- quire whether they had chosen their Speak'', and if so, to com- mand their attendance at y^ Councill board to present him : they came accordinglj' and presented Col. Thom^ Packer their Speak'', who was well accepted: After which his Excellency made the following speech. Gent., — I have been informed that this Pro\'ince has been very remarkable for its unanimity & concord, & I hope it will never do any thing to forfeit y" beautiful character: [r. 08.] you, Gent", are its representatives, whose good example will highly influence y" w'hole community. Therefore recommend to you, y'' laying aside all animosities and disputes that may tend to the blowing up y*^ coals of dissention among us, which always carry w'" ihem most fatal consequences; and hope y' every body will have their thoughts entirely bent upon what will make them dutifuU to their King & serviceable to their country, by thinking w' new measures may be taken to promote the true interest of this Province. By these methods the aftairs of this session will meet w"* dis- patcJ:, and every body will return home to their respective towns in good humour, w"^ will tend A^cry much to yoiir honour aud reputation, and give me great pleasure and satisfaction. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 681 I shall conclude by again assuring you y' I myself have nothing so mucli in view nor any thing more at lieart, than to see you a flourishing and prosperous people. Saml. Siiute. Adjourned to 9 o'clock tomorrow, a.m. Fro : N. Ilamp''. At a General Assembly held at Portsm° by adjournm', May y^ 14*'% 1717. Present, in Councill, His Excellency, Sam' Shute, Esq., Gov"", His Hon'' George Vaitghan, Esq., Lt. Gov"", Sam' I'enhallow, "l Theo. Atkinson, "> Mark Hunking, ! -^ Geo. JaftVev, I t^^„„ Jno. Wentworth, f ^^^^' ]?ich" WibiVd, f ^^^^^ Piich'' (j^errish, j Thorn^ Westbrook, J Sam' Penhallow, Esq., laid a letter before this board w'='^ he had received from Mr. Newman, bearing date Feb. 23, 1716-7, for the encouragem' of raising Naval stores in this Goverm', w"^'^ being read, the same was sent down to the house of representatives by Sam' Penhallow and Mark Hunking, Esqs., to be recommended to their consideration. Adjorn'* to 3 o'clock, p. m. [p. 69.] Pro: N. Hamp''. Mett again according to adjourn*. Present, — as before. Capt. Matthews, of y^ Parish of Oyster river, in Dover, p'ferved a petition to this board ab* nuling [annulling?] a vote of the Gen' Assembly relating to that Parish, w''' Petition was read. Adjorned to tomorrow, 10 o'clock, a. jr. 682 PROVINCE OF NEW-HAMPSHIRE. [1717. Pro : N. Hami/. . At a Gen^ Assembly held at rortsm° by acljonim', May 15"', 1717. Present in Couucill, His Excellency Sam. Slmte, Esq., Gov"", Sam^ Penhallow, "j Geo. Jeftrev, ^ Mark llunkiiiii-, ! -p, Pich'^' "Wibird, } Esqs. Juo. Weutwofth, f -^-^i^- Tho^ AYestbrook, ) liich'i Gerrish, j Elisha Cook, of Boston,* Esq., appeared at this board and prayed that (whereas liimself was a creditor to y'^ estate of Sr. Charles Hobby, deceased, and had made application in Jan^ last to have letters of administration w'^'' was suspended for a time) that he might now have administration on s'^ estate : whereupon y^ clerk was sent down to y^ house of representatives w"' a vote for suspending that aflair two months longer ; also, w*'' a vote for a committee to supervise y'= laws of tliis Prov: not yet i)riuted in order to their being so. Benj"^ Gambling, Esq., having received a commission for sheriff, and Mr. Rich"^ Waldron, jun,, for Clerk of y'' Councill, they both took the oaths instead of the oaths of allegiance & supremacj-, and the abjuration oath, and the sheriff the office oath. Mr. Pich*^ Gerrish; jun'', was this day in Conncill appointed Clerk of the Inferiour Court of Common Pleas. The Petition that was yesterday p'ferred by Capt. Matthews being read a second time, it was in Councill voted. That Capt. NatW Hill and Capt. Stephen Jones be notifyed of s"^ petition ; also, to give their attendance at y'^ Councill board on Fryday next, to shew cause why the pray"" in said Petition may not be granted. The Clerk of the Councill was sent down to the representatives w"' a vote for notifying Capt. Ilill & Capt. Jones to attend at y" Councill board on Fryday next, 10 o'clock, &c., also a vote for a Committee of Auditt. [p. 60.] Mr. Dam brought up the following votes of concurrence to this board. In Councill. Whereas Mess" Oliver Noyes and Elisha Cook, of Boston, did in Jany last make application to y^ Judge of Probate for letters of administration on j^ estate of Charles Hobby, deceased, as they were creditors to said estate ; and whereas the s'* Judge of Pro- * Elielia Cooke, of Boston, was an open opposer of Gov. Sbute through the whole of his administration. He was a man of ability, of plausible maimers, and of much in- tiueuce iu Mass.— See Hiitehiusou, Vol. II, pp. 200, 211, 273, 2S8. Bost. 1793. 1717.] JOURNAL OP COUNCIL AND ASSEMBLY. GS3 bate did suspend y'' grautiiig auy letters of admiuistratiou for that time, it Avas confinncd by the Gov"" and Councill, y^^ Supream Pro- bate of this Province, w"^ y'^ advice of the house of representa- tives; and whereas j-" albres'^ Mr. Elisha Cook has again made ax^plication as above : — Voted, Tliat the s<* affair be suspended for two months long•^ May 16'", 1717. Kich'^ Waldron, Cler. Con. May 15*, 1717. Concurred w"' pr. the house of representatives. Josepli Smith, Cler. Voted, That a Committee be appointed to collect & revise the Laws of this Province, that those Wanting may be supplyed, and all printed as soon as possible. May 15, 1717. Pticli'i Waklron, Cler. Con. May 15">, 1717. Eead and concurred w"" pr. the house of rep- resentatives. Joseph Smitli, Cler. The Clerk of y"^ Councill was sent down to the house of Rejire- sentatives w* a vote appointing who the Committee to supervise the laws, &c., are. Mr. Geo. Peirce p'ferred a Petition to tliis board ag'*' Capt. John Pickerin & Mr. Wm. Cotton: Whereupon it was in Councill or- dered, That y^ clerk summon y** s'^ Cotton and Pickerin to appear at y^ Councill board on Fryday next, at 10 o'clock forenoon. Rich<^ Gerrish, Esq., was sent down to tlie house of Represen- tatives to desire y"^ speedy dispatch of affairs ; who answered by Mm yy [tliey] would proceed as fast as possible. Adjor-ned to to-morrow, 10 o'clock, A. ai. Pro: N. Ilamp''. At a Gen' Assembly held at Portsm by adjourn*. May IG"^, 1717. Present, His Excellency, Sam' Shute, Esq., Gov"", Sam' Penhallow, ^ Theo. Atkinson, Mark Ilunkiui;', [ xr nc Geo. Jeffrev, Jno. ^Ventworth, f -^■-^^' Rich'i AVibird, Rich'^ Gerrish, j Tho. Westbrook. [p. 61.] One of the members of the House of representatives brought up y® following vote to this board, concurred w"^ : In Councill. The Petition p'ferred yesterday by Capt. Fran"* Matthews, being read a second time at y*^ Councill board, it was 684 PROVINCE OF NEW-HAMPSHIEB. [1717. lu Councill Voted, That Capt. Nath' Hill and Capt, Stephen Jones and others, be notifycd of s*! Petition; also to give y"" attendance at y^ Councill board on Fryday next, at 10 o'clock a. m., to show cause why y'^ prayer in said Petition may not be granted. May 15, 1717. Eichi Waldrou, Cler. Con. Concurred w"*. Joseph Smitli, Cler. of y^ representatives. Capt. Odiorne brought up a vote to this board from y'' house of representatives about a committee of auditt, w'^'^ was sent back by Tlieo. Atkinson, Esq., for ameudm'. Also, y^ vote of Councill ab' a committee to supervise y"' Laws — not concurred w*. The Clerk was sent down to y^ house of representatives w'** another vote of Councill ab' a committee to supervise y^ Laws, &c. Adjorned to 3 o'clock, p. M. Pro : N. Ilamp'' : Mett again according to adjornm'. Present as before. Thorn'' Poirce p'ferred a I'etition* to this board signed by sun- dry y'^iiiluibitants of Portsm", concerning the divisions in s"^ town, directed to tlie Gen^ Assembly ; w^*^'^ Petition being twice read at y® councill board, was ordered, to be sent down to y'' house of Eep- resentatives, & accordingly was, pr. y*' clerk. Adjourned to to-morrow, 9 o'clock, A. M. * [Copy of sd. Petition as on file.] To his Excellency Saml. Shute, Governor & Commsmder-in-cliief in and over his Jtljyestie's Province of New Hampshire, and to ye Hon'ble the Councill and represen- tatives convened in Geul. Assembly; The humble Petition of severall of the Inhab- itants of ye town of Portsmonth in behalf of themselves & others; most humbly sheweth: That, whereas upon ye removal of the Kevd. Mr. Rogers unto ye new IVIeeting- Iiouse, we, being disposed for one j'ear and no longer to supi^ort a minister at the old, untill matters of ye town were amicably accommodate, did inadvertently sign unto a certain instrument without reading or considering ye contents thereof; and being since infornred that ye import of ye sd. instrument was without any limitation of time whereby we and our successors are greatly insnared to our unspeakable hurt and pr^udice: Doe humbly pray that ye said instrument may be produced, whereby the false insinuations of those that insnared us may be detected, and that we may be released therefrom : and yor Petitioners shall ever pray. Tobias Langdon, Samuel Manson, George Peirce, Benjamin Lucey, Jno. Skillen [?] William White, John Marden, John Jackson, junr. [Endorsed — " Petition p'ferred by Mr. Geo. Peirce, May 15th, 1717."] 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 685 Pro : N. IIamp^ At a Gen' Assombly held at Portsmo' by adjornm', May y*^ 17, 1717. Present, His Excellency Sam' Shute, Esq., GoV, His Hon'' Geo. Vaughan, Esq. L' Gov% Sam' Penliallow, "j Theo, Atkinson, "j Mark Hunking", !t. Geo. Jett'rev. ' Tr-no Jn° Wentworth, j ^^^^^- L'ich'' AMbird, [' ^'^^l'- Ricli -p Thos. ATestbrook, S ^^ Mr. Sam' Wentworth appeared at this board to prosecute his compl' ag-*' ;Mi'. Phipps. Mr. Phipps also appeared to make his defence. The opinion of the board upon hearing the matter is, that the complainant take his course at y'^ couimon law. Adjorned till Monday. 8 o'clock a. .m. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 691 Pro : X. Ilami/. At a Gen' Asscmljly held at Portsuiouth, by atljoramS May 20"^, 1717. Present, His Excellency, Sam' Shute, Esq., Gov% His Hon"' George Vaughan, Esq., Lt. Gov'', Sam' Penliallow, '\ Goo. JeffrcA', ^ Mark ITunking, I j,^^ Rich'' Wibird, V Esqs. Jiio, AVentwortli, j *'^ ' TLiom'* Westbrook, ) liich'' Gerrish, j Matthew Kobinson appearing at y* Councill board, and being sworn, made information concerning some pirates, as ou file, dated May 20"^, 1717. The Clerk -was sent down to the house of representatives w"" a vote for impressing a Chart of y'= Sea Coast of y« Prov: &c., also, "w"^ a copy of s'' Chart, w^*^ vote was returned from s'' house not concurred w*. Mr. Sam' Easman brought up y* following vote to this board: In Councill, Whereas Col. Dudley at his first coming Gov'' into this Prov. was p'sented w"' two hundred and fifty pounds, and his Excel- lency [p. 09.] Gov. Shute has had, as yet, but two hundred pounds, Voted, That he be p'sented w* fifty pounds more to make the I)resent equall av* what was given Col. Dudley. May IS"', 1717. liich" Waldron, Cler. Con. Yoted, a concurrence. Joseph Smith, Cler. Mr. Odiorne brought up a vote to this board ab' powd'', — as on file, dated May 20*", 1717. Adjorned to 3 o'clock p. m. Pro: N. ^amp^ Met according to adjornm'. Present, — as before. Geo. Yralton appeared at this board to have a Commission of Bankrupsie, &c. ; Geo. Walker, of Portsmouth, baker, p'ferred a Petition to this board to become a bankrupt, also, Ordered In Councill, That both their afisiirs, referring to y*' s* Acts of Bankrupsie, be deferred till }•* next sessions of y« Gen' Assembly; and that all processes in Law ag'' either cease till said sessions of Gen' As- sembly. Eich-i Waldron, Cler. Con. 692 PROVINCE OF NEW-HAMPSHIRE. [1717. In Conncill Ordered, Tliat if the cause depending between Maj. Vaiiglian & Edw*^ Cate be not determined by an arbitration between this and the last of June next (tho' either of y'= p'ties dye before the determiuation), the matter shall and will in such case finally be determined by the Gov'' and Conncill. Rich'i Waldron, Cler. Coun. The Clerk was sent down to y'^ house of representatives to re- quire their attendance at the Councill board ; they came accord- ingly, when was read the bill for emitting and printing fifteen thousand pounds bills of creditt of tliis Province, and then the same was signed and sealed in p'sence of both Houses ; after w'^'' his Excellency was pleased to prorogue y'' Gen' Assembly to y" 24 Sept. next; and accordingly in his Majtie's name were Prorogued to ye 24^'^ 7^', 1717. Note by the Editor. Between the time of the Prorogatiou and the next meeting of the General Assembly, an important treaty was concluded with the Eastern Indians, of which the following is the official accoviut as published soon after. The printed copy is here followed. — Ed. l''!''.] INDIAN TREATY. 693 Treaty of 1717, at Georgetown. George Town,* On Arrovisick Island, Aug. 9th. 1717. Annoque Begni Regis GEORGII Jlagnce Britannia'., «&c. Quarto. A conference of his Excellency the GOVERNOUR with the Sachems and chief Men of the Eastern Indians. His Excellency being Arrived here in His Majesty's Ship the Squirrel, the Indians sent a message to him from Paddlestones- Island, (where they ware assembled) Desiring to know when it would be liis Excellency's pleasure that they should attend him. His Excellency told them at Three a Clock this Afternoon, Avhen he would order the Union Flag to be displayed at the Tent Erecteil near Mr. Watts his house. And ordered a British Flagg to be de- livered to the Indians for tliem to wear when they canie, in token of their Subjection to his Majesty King George. At the Time ap- pointed, the Flagg being set up, the Indians forthwith came over, with the British Flagg in their headmost Canoo. His Excellency being seated under a large Tent (Erected for the occasion.) Attended by Samuel SewaU Esq; Penn Townsend Esq; Andveio Belcher Esq; and Edmund Quincey Esq; of the council of the province of the M issachusetts-Bay . And Samuel Penhallow Esq; 3fark Hanking Esq; John Went worth Esq; Shadrach Walton Esq; and Bichard Waldron Esq; of the Pro- vince of Xew Hampshire, and several other English Gentlemen. Eight Indian Sagamores and ('liief Captains, Namely 3Ioxus, Bommazeen, Wanudagumboit, Winuirna, and Queguaroomanit oi Kennebeck. Querenebuit of Ponobscut. Adeawando, of Peg- laacket, and Sabbadis of Ammarescoggin, Approached and made their revei'ence to his Excellency, who was pleased to give them liis Hand. And then directed that Capt. John Ggles, and Mr. Samuel Jordan, Interpreters of the Indian language, should be Sworn to be foithful in that Service, and Judge Sewall adminis- tered to them an Oath accordingly. And his Excellency was pleased to make a Speech to the Sagamores, &c. which was de- liberately Recited and Interpreted to tlien). And is as follows, uiz. * Geoegetowx is in Lincoln Co., Maine, 50 m. S. of Augusta. It consists of two considerable Islands at tlie mouth of Kennebec river, which runs on the West, and Sheeiiscot river on the East, with the Atlantic on the South. It was incorporated in 1716. It has excellent harbors, and is considerably engaged in navigation and the fish- eries. An unsuccessful attempt was made to farm a settlement in this place by Ply- mouth adventurers, in 1C07, but it was abandoned the next year. In 1850, there was a population of 1,121. 694 INDIAN TEEATY. [1717. Interpreter. Tell the Sachems, ^That notwithstanding' the great Fatigue and Danger of this Expedition, yet to comply with my own AYord, and their Desire, I am now come to see them, and am very glad to find so many of them in Health. Tell them, ' That I find by the ^Jecords of His Majesty's Gov- ernment of JS'eic'-Engkmd, which I have now the Honour to be Intrusted with, that there have been many Treaties between the English Govenuneut, and them, as tliere was occasion : And that the last Interview was at Pascataqua about four Years ago, and then my very worthy Predecessor, Governour DUDLEY accepted their SuUmission, and Katified all former Treaties and Agreements Avith them ; and that he gave them all possible As- surances of Justice, Friendsliip, Protection and fair Commerce and Dealing upon their Fidelity, Peace and Obedience to the CroAvn of Great Britain ; and that I shall Build on that Founda- tion. Tell them, ' That since that good Treaty was made, tlie Crown of Great Britain is happily Descended to His Most Excellent Majesty KING (jiEOPGE, and forever Established in His Poyal Protestant Family, Avhich GOD be praised, are many. That it is in the Name and by the Command of KING GECiliGE, that I am now Speaking to them, and tliat they may, and should Es- teem it as an Instance of the King's great Favour, that I have so soon visited them. Tell them ' That there is a very good agreement between KING GEORGE, and his Neighbours, more especially the French Na- tion, who have a Just and Great Esteem for His Majesty, And are very desirous of His Friendship, and Peace withllini: And tliat His Majesty's Subjects at home and abroad account them- selves, very hai)py in llis Majesty's Government, for that. It is Wise, Just and Kind; His Majesty consulting the common "Wel- fare of His People, as to their lleligion, Civil Liberties, Trade, and every other thing. Tell them, 'That this Great, Good and Wise Prince KING GEORGE, is their KING, as well as Ours, and that therefore we look upon tliem, and shall always Treat tliera as fellow Sub- jects; and that they must likewise remember at all times, that they are KING GEORGE's Subjects, under His Allegiance and Protection, and they nuist by no means hearken to any contrary Insinuations, tliat will always find themselves safest "under the Government of Great Britain. Tell them, 'KING GEORGE, and the British Nation, are Christians of the Reformed Protestant Religion ; That the great and only Rule of their Faith and AVorship, and Life, is con- tained in tlie BIBLE, [the Governour holding one in his hand] here in this Book which is the AV'ord of GOD \_Sachans~] is con- tained our Holy Religion; and we would gladly, have you of the same Religion witli us, and therefore we have agreed, to be at the Cliarge of a Protestant Missionary among you, to instruct you, and tliis is the Gentleman [sliewing Mr. Baxter to them] And I hope also in a little Time, to appoint a Sclioolmaster among you to teach your Children, and tliat I liope and expect that they Treat this "Protestant Missionary with all afi'ection and 1"17.] INDIAN TREATY. 695 ' respect, not only for the sake of the Kin^-'s Government, but of ' his own Character, He being a ]\Einister of ,Tesus Christ our onlj^ ' Lord and Saviour, Aviio will Judge them and us at the last daj-. Tell them, ' That the Eug'lish Settlements that have lately been ' made in these Eastern Parts, have been promoted partly on their * accounts, and that they will llnd the benefit of them in having * Trade brought so near them, besides the advantage of the Xeigh- * bourhood and Conversation of the English, to whom I liave given ' strict Orders, that they be very just and kind to the Indians, 'upon all accounts, and therefore if at any time, they meet ' with any Oppression. Fraud, or unfair Dealing, from tlie Eng- ' lish in any of their affairs; let them make their Complaint to any * of my Ofiicers here, and then I shall soon hear of it, and rake ' speedv and effectual care to do them right. Or if upon any ' great occasion, they chuse to send anv of their Body to me di- ' rectly, they shall be very welcome. 1 shall always be ready to * protect and assist them. For I would have them look upon tlie * English Government in Xew-England as their great and stife ' shelter. Tell them, ' That if they have any thing fit, or reasonable to ask ' of me. at this time, they shall be veiy welcome to lay it before * mc, and I shall give it all due consideration, and that I expect an ' Answer from them to what I have said. Tell them. Interpreter, ' That in token of my great sincerity and * affection to them, and as an earnest of my future Justice and ' Kindness to them, I here give my Hand to their Sachems, and ' Chief Captains.' Then his Excellency taking an English and Indian Bible in his Hand, bid the Interpreters tell them that he gave them those Bil)!es, and left them with Mr. Baxter, their 3iinister, for their Instruction, whenever they desire to be taught. The Minister will reside here, or hereabouts, and so will the Schoolmaster to Instruct their Children, when they have a mind to send them. Then his Excellency Drank King GEORGE'S Health to the chief Sagamore JIoxics, which he, and all the rest pledged. WIti'urna stood up, and said he was ai)i)ointed to sx)eak in the Xame of the rest. Governour. Go on. Wiwuraa. ^Ve are very glad of this opportunity, to see your Excellency, when the Sun sliines so bright upon us; and we hope the Angels in Heaven rejoyce with us; AVe have been in expecta- tion of this favour ever since Ave received your Excellency's Let- ter in the Winter. We are not now prepared to answer what your Excellencj' has said to us; But shall wait on your Excellency again to Morrow. Governour. It is well: at what time? Wiwurna. We desire his Excellency to appoint the time. Gov. Let them come about ]Sine o'clock, when they will see the Flag set up. I will give them an Ox for dinner, and let them send some to Kill, and Dress it. Wi. AVe are very thankful to your Excellency, for some of tis have had little to eat for these two Days. Then tlie Indians took leave and withdrew. 696 INDIAN TREATY. [1717. Aug. 10th, 1717. THE ci.i>lit Saclicms, and cliief Captains that Attended Yester- day appeared again with some other Principal Indians accom- panying tliem. WL It is a great favour of GOD we liave this Opportunity to Avait on your Excellency, and Ave have our xV.nsAvers ready. Gov. Let them Speak, WL We have done with the Treaty at Pascataqua, and now proceed to anew one. Gov. Tliey Eatify and Confirm former Treaties. WL Yes, we do. His Excellency Ordered the principal Articles of their Submis- sion at Pdscataqua, to be Itead and Interpreted to them: And then Ask'd them, Vv'hether tliey did remember & acknoAvledge them ? And the Indians Answered, They did. WL AVe have considered what his Excellency said Yesterday, and the tirst thing was for Love and Unity ; and we admire it ex- ceedingly. And believe it pleases GOD. And hope your Excel- lency will endeavor it shall be so. Gov. I assure them of it, If they carrv themselves suitablv, with Duty and Allegiance to KING GEOllGE. WL We hope all hard thoughts will noAV be laid aside, be- tween the English and Us, and that the Amity will be hearty. Gov. Very well. WL We are pleased that his Excellency is Commander of A'e?''- Unr/Iand: and that altho' He is lately Arriv'd from England, lie is acquainted Avith the Affairs of New-England, and hope all tilings AA'ill be well. Gov. Tell them if they Ix^have themselves well, I shall use them kindly. WL We had the same Discourse from other Governours, as from your Excellency: and Ave liaA'C said the same, to them. Other GoA'ernours have said to us that Ave are under no other Government but our owu. Gov. HoAV is that? WL We pray leave to speak out. Your Excellencv was pleased to say that Ave nuist be Obedient to KING GEORGE, Avhich AA'e shall if Ave like the Ofters made us. Gov. They must be Obedient to KING GEORGE, and all just Offers and Usage shall be given them. WL We Avill be very obedient to the KING, if Ave are not Molested in the Improvement of our Lands, Gov. They shall not be Interrupted in the Improvement of their lands ; and the English nuist not be Molested by them in theirs. WL We are pleased with the liberty your Excellency gives us, of making Mention of any wrong aa'C haA-e suflered. Gov. They must Desist from any Pretensions to Lands Avhich the English OAvn. WL We Pray leave to go on in order with our AnsAVcr. Gov. Let them go on. 1"1"-] INDIAN TREATY. 697 Wi. If any wrong- liapiJcns to us wc will not aveniic o.ur selves, but apply to your Excellency for Redress. If anv Foreiii-a Indians come upon us, Wo shall Acquaint j'our Excelieucy, but hope by our Young Men to defend our selves. Gov. If they want help our Young ]Men shall assist them also. Wi. If any quarrel liappens & blood should be shed, Wc will not avenge our selves, but apply to vourExcellencv. ^VG lieturn Thanks to your Excellency for your favour in offering us Succors, & if there should be any Disturbance we shall not Complain without real i)roof, nor for any frivolous matter. Wi. This Place was formerly Settled and is now Settling at our request: And we now return Thanks that the English are come to Settle here, and will Imbrace them in our Bosoms that come to Settle on our Lands. Gov. They must not call it their Land, for the English have bought it of them and their Ancestors. Wi. We Fray leave to proceed in our Answer, and talk that matter afterward. We desire there may be no further Settlements made. We shan't be able to hold them" all in our Bosoms, and to take care to shelter them, if it be likely to be bad weather, and Mischief be Threatened. As to the Ministers Instructing us : All People have a love for their Ministers, and it would be strange if we should not love them, that come from GOD. And as to the Bibles your Excellency mentioned, We desire to be ex- cused on that Point. GOD has given us teaching alreadv, and if we should go from that Ave should displease GOD. We' are not cai)able to make any judgment about Ifeligion. Your Excellency was not sensible how sick we were Yestei-day to sec the Man of War ashore. We were so faint we could not Speak out with strength, and w^e are now verv glad the ship is well. . t i We are very glad to wait on your Excellency, and to tell von, That we sent our Young Men "early this Mor'ning, to see if the Ship was well, and were very glad to hear she was. Gov. Tell them, I accept their respects for His Majestv's Ship, and if the Ship can help them at any time, It shall be ready to do it. Tr/. We shall be very glad when we have concluded,"that vour Excellency may have good winds, and weather, and get safe d"own this llivcr and home. Gov. Tell them they must be sensible and satisfied that the English own this Land, and have Deeds that shew, and set forth their Purchase from their Ancestors. And we will not be mo- lested in our Improvement of them. And they shall not be mo- lested in the Improvement of the Lands that belong to them. Tell them also. That Complaints are made to me' that some of them have violently taken things from some of the English, as the Aleat out of Iheir Puts, and other tilings which is contrarv to the Law of GOD and Man, and that they had forbid the "English Planting on their own Lands, and that the Night before last they killed some Young Cattel belonging to the English, (which in- deed they had tirst informed of, and desired forgiveness) all which is contrarv to their Articles. G98 • INDIAN TREATY. [1717. WL We desire time to consult. Gov. Tliey may have it, but tell them I expect to see them again at Three a Clock, with a positive Answer about the Lands. And that they should always Muzzle their Dogs, when they come upon the English lauds where their Cattle are. Wi. We are very tliankful that your Excellency gives us leave to consider, and shall attend your Excellency at the time ap- pointed witli our Answers, for it is not a jesting matter we are now upon. 3 a Clock in the Afternoon. Wi. We are Willing to cut off our Lands as far as the Mills, and the Coasts to Pemaquid. Goc. Tell them we desire only wliat is our own, and that we will have. We will not wrong them, hut what is our own we will be ]Masters of. Wi. It was said at Casco Treaty, that no more Forts should be made. Gov. Tell them the Forts are not made for their hurt, and that I wonder the\- should speak against them, Avhen they are for the security of both, we being all Subjects of King GEORGE. King (iEORGE builds what Forts he pleases in his own Do- minions and has given me Power to do it here, and they are for their security as well as our's, and the French clo the like. They build what Forts they please, and all Kings have that Power, and the Governours tliey appoint to do the same. Wi. AVe can't understand how our Lands have been purchased, what has been Alienated was by our Gift. His Excellency hereupon ordered a Deed of Sale of Lands on Kennelieck Hirer, made by Six Indian Sagamores, to liichard Wharton, should be opened and exhibited to them, which was done and partly Read, and Interpreted to them. Wi. As for the West side of A'e/ine6ec i^«'i"er I have nothing to say, but am sure nothing has been Sold on the East side. Gov. I expect their positive Answer and Compliance in this matter, that the English may be quiet in the Possession of the Lands they have purchased. Wi. We don't know what to think of new Forts built. Gov. I have spoke to that fully already, and told them they are for our nuitual defence. ■ Wi. We should be pleased with King GEORGE if there was never a Fort in the Eastern Parts. Gov. Tell them that wherever there is a new Settlement, I shall always order a Fort, if I think it proper, and that it is for the seciu'ity of them and us, and so do the French. Are any People under the same Government afraid of being made too strong to keep out Enemies? Wi. We are a little uneasy concerning these Lands, but are willing the English shall possess all they have done, excepting Forts. Gov. Tell them we will not take an Inch of their Land: nor will Ave part with an inch of our own. Wi. We shall have Fishing and Fowling wherever we will. 1^1"-] INDIAN TREATY. 699 Gov. It is freely consented to, and they are assured of it. Then tlic Indians rose up at once & withdrew, in a hasty abi'upt manner witliout taking leave, and left behind them theirEngiish Colours, returning- to their Head qunrters at Puddlest ones- Island, And in the evening brought to His Excellencv a Letter from Sebastian Ralle, their Jesuit, Dated the 17th of Aug., 1717. Wherein he says, that Governour VaudreriUe had written to them, that when he was lately in France, he had enquired of the King of France, whether lie had in any Treaty given away the Indians Lands to the English, and that the French King told "him, he Jiad not, but was i-eady to succour the Indians, if tlieir Lands were encroacht upon. Which his Excelhuicy read and rejected as not worthy of his Regard. And the Indians return'd. August 11th, 1717. His Excellency went on board the Squirrel Man of War, and Ordered the Fore-top-sail to be loosed. Whereupon a Canoo with two Tndians hastened on board & acknowledged the rudeness & ill Manners they were guilty of Yesterday, and Pray'd that they might see his Excellency again. His Excellency told them they should if they quitted their unreasonable Pretensions to the English Lands,' and Complied with what he had said, but not otherwise. Which tliey promising to do. His Excellency Appointed to meet them at Six a Clock. And the Indians Desired they might have the British Colours again; which were given them and they returned. And at the time appointed the Sachems, and Principal Men came over with the British Colours, leaving behind them 117- wiirna, because (as was said) he had behaved himself so improp- erly Yesterday. And they appointed Querehennit their Speaker. Qiier. We are very sorry for our rude Carriage Yesterday, and Pi'ay it maybe forgiven. As your Excellencj' said if anj'" thing should happen amiss, It should be rectilied. Gov. 'Tis well. Qtier. It was agi-eed in the Articles of Peace, that the English should Settle, where their Predecessors had done; And we agree to those Articles & Conlirm them. And desire tlie English may Settle as far as ever they have done. And then PrescMited His Excellency a Belt of Wampum. And said, we Desire to live in Peace. Gov. Tell them, if they don't begin the Quarrel, they shall have no occasion from us. Quer. We desire that by the favour of GOD, we may always Ua'c in Peace and Unity. Gov. We pray the same. Quer. If any of our People should happen to be out in Cold and Stormy Weather, we desire the English to shelter them. Gov. As long as they behave themselves well kindness shall be shown them. Quer. We shall always do the same for the English, and GOD Almighty hears us say it. Gov. It is doing like Christians. 700 INDIAN TREATY. [1717. Qiier. What I have said GOD Ahiiighty hears, and presented another Belt of Wampum. Gov. AVe say the same, what is done is done in the presenee of GOD. Tell tliem I hear more complaints of some of them, that they have interrupted tlie English in their Aflairs, Taken the Meat out ot' tlieir Pots, &c. I expect tliat there be no more such Miscar- riages ; If any of our People should do so to them they should be punish'd severely. Quer. Vie Pray supplies may be sent us. Gov. Tell tliena tliat the Traders here shall supply them. Gov. Ask them, What they want most? Quer. In the Winter all necessaries are wanting, especially Provision and Amunition. Gov. Tell them the Traders shall have order to supply them with what they want, at reasonable liates. Quer. We should be glad of one Trading House that may serve us all. Gov. Tliere shall be a place or 2, or 3, when I go home ap- pointed, where they shall be supplied. Quer. Mr. 3Iinot is a good naturd Man, and pleases us well. Gov. There shall be here, and in other places supplies of Trade. Qtier. We Desire that Interpreter Jordan maj^ be near to us, to Kepresent to your Excellency any tiling that may happen. Gov. I desire no better man. Quer. We should be glad of a Smith here, to mend our Guns. Gov. Here is one that has work'd for you and Complains lie is not paid for it. Quer. As to that I doirt know, but it is a long time before he will do our work, and then he wont do it well. Gov. If you take care to pay for your work, I shall Endeavour you shall have a good Lock Smith. And tell them, that I thank them for their Present. His Excellency Directed the following Instrument to be drawn up, and annext to the ^\.rticles of their "Submission made at Fas- cat aqua ; which was Read, and Interpreted to them Paragraph by Paragraph by Interpreter Jordan, (Capt. Gyles having been ordered to his Command of the Fort at Brunswick Yesterday.) And they all readily & without any Objection Consented to the whole. August l-2th, 1717. Twenty of the Sachems, and Principle Men Sign'd & Seal'd & Deliver'd the said Instrument to his Excellency as their Act; being Witnessed by several English Gentlemen, and scAX'ral of the Principal Young Men of the Indians. It is as follows, viz. George Town on Arrowsich Island in His Majestifs Province of the JIassachu setts Bay, in IsTew England, the iWi Day of August, 1717, in the Fourth Year of the Feir/n of Our Sovereign Lord GEOIKtE, by the Grace of GOD of Great Britain. France & Ireland, KING, Defender of the Faith, ctr. We the Subscribers being Sachems & Chief ]\[en of the several Tribes of Indians belonging to Kennebeck, Penobscut, Pegwacket, 1717.] INDIAN TREATY. 701 Saco, and other the Eastern Parts of His ]\rajesty's Province afore- said, having' had the several Articles of the foregoing- Treaty dis- tinctly Pead & Interpreted to us, hy a Sworn Interpreter, at this time. Do Approve of, Pecognize, Patify & Confirm all, and every the said Articles, (excepting only the Fourth & Fifth Articles, ■uiiich relate to the Pestraint, and Limitation of Trade & Com- merce which is now otherwise managed.) And whereas some rash & inconsiderate Persons amongst us, have Molested some of our good fellow Subjects the English in tlie Possession of their Lands, and otherwise ill-Trealed them. We do Disapprove & Condemn the same, and freely Consent that our English Friends shall Possess, Enjoy & Improve all the Lands which they have formerly Possessed, and all which they have ob- tained a liight & Title unto; Hoping it will prove of uuitual and reciprocal i3enefit and Advantage to them and us, that they Co- habit with us. In Testimony, and Perpettial Memory whereof We have here- unto set our Hands and Seals, in behalf of our Selves, and of the several Tribes of the Indians, that have delegated its to appear for, and Pepresent them the Day and Year aforeiuentioned. This AtTair being tinislrd several Sachems ^^ that Supplies might be sent to Winter Harbour, H Small Point, and a Sloop with Supplies to Pe7i o told them he would gratify them in. As ^ hunt the Fowl with floats. 5^ 3Iii(/. Complain'd he had left Fifteen Sh S that he would not restore it to him. . ^ And they Desired that Capt. Lane might r* ter, or some other Person sent in his room. g Sarvmtjamet Com])lained that Mr. JSfowel o for him au English Young Woman, a Captive ^ succeeded, and £10 if he attempted, and did o Endeavoured it without success, and said '^ his bargain. a To all which his Excellency Replied that he 2" should be done them. S^ Then all the Sachems and Chief Men came ^ liis Excellency their hands ; oue of them ^ Peace might contintte as long as the Situ. 2^ Aud liis Excellency ordered then munition, which they accepted very thankfully, and Pray'd that their Y'ouug Meu might be allowed to come over, aud give his Excelleucy a dance, which his Excellency allowed of. BOSTON. Printed by B. Green, Printer to His Excellency tlie GOVERNOR & COUNCILL : And Sold by Bcnj. Elliot, at bis Shop below tbe Town-house, 1717. 702 PliOVINCE OF NEW-HAMPSHIRE. [1717. ■ [p. 70.] Pro: N. IIamp^ At a Gen' Assembly held at Portsm" by prorog-alion, Sept. 24, 1717. Present in Conncill, Tlie Hont''^ George Yauyhan, Esq., Lt, Gov% Sam' Penliallow, ^ Tlieo. Atkinson, ^ Mark Hniiking, > Esqs. Geo. JeftVey, >Esqs. Jno. AVentv\^orth, ) Ricli'' Wibird, ) His Hon'' the Lt. Gov'' made a speech to the Conncill. This day his Hon"" the Lt. Gov'' was pleased in the name of his Maj"*^ Iving George, to snspend Sam' Penliallow, Esq., from sit- ting, acting or voteing at the Conncill board (till his Maj"'^''* pleas- ure should be further known) for such reasons as he should transmit to the King. Mr. Peuhallow prayed to know for what reason it was that he was suspended: the Lt. Gov"^ answered and said as before, the reasons of his suspension he should send to his Maj'tie the King. The Lt. Gov'' read an ord'' from the Gov"" sent to him to prorogue the Gen' Assembly to the 2'' 8'"' ; which then stood prorogued to ye 24"^ 7'"'. The L'. Gov'' sent the clerk to call the house of representatives to this board: they came accordingly; when his Hon"^ was pleased in the name of the King, to dissolve the Gen' Assembly. After w^^ Jno. Wentworth, Geo. Jeffrey and Rich'' Wibird, Esq., entered their dissent to y" proceedings; y''" advice not being asked therein. The Lt. Gov'' asked the opinion of the Conncill alj' calling a new Assembly. Mr. Atkinson answered that in that matter he should not act, since, in suspending Mr. Penliallow nor in dis- solving the Assembly, he did not ask any advice. The two following speeches were this day made at the Conncill board, by his Hon'' y"^ L*. Gov''; the former to the Conncill, y^ latter to y^ Assembly : [Speech to the Council.] [p. 71.] Gent: You cannot but believe that I am informed of many things spoken to my p'rejndice; Avheii private whisp''* de- famatory to me are handed forward, I pass y"^ over w"' slight and disregard, and believe that everj- thing designed ag^'me has turned to my advantage, and will still do so. But when matters are carryed further, wherein y*^ honour of the Crown and the interest of the King's Maj'tie is especially struck at; when revenge's mother utters bold challenges, raiseth batteries & begins to can- nonade the pow''^ established of my sovereign, I acknowledge myself alarmed ; which I shall in no wise tolerate or endure ; as 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 703 I am honored of the King, I will do my utmost to support it, aud not left his Commissiou he vilifyed at the I'ate some will have it: To have a due delicrence paid to it is w' the King requires and expects, especially from his Ministers; and to have them studious of lessening the authority therein granted, is an aggravated fault, and I cannot but wond'' at y*^ arrogancy aud pride of tho^e who do not consid'' 1 am a superiour match, as being armed w"^ pow'' from my prince, who doth execution at ^'^^ utterance of a woi'd; and I liope none will be so sturdy as to dispute it. If I soar too high, the fall won't crush them: if they run too fast, tlieir repen- tance may be timely. What I have to say to you, Mr. Penliallow, is in gross, & is. That yo'' busyness for a long time has been to sow discord in the Commonwealth, and yo'' endeavors to propa- gate confusion and diference in each town w">in y** Governm', w'^'' your avowed principles oblidge you to sodder as much as in you lies, y" atfections of majestrates & people — thereby to divert all things w'^'Miaturally produce dissention, tumults and fueds: the p'ticulars I have and shall transmitt to my principal Lord, the King, in whose name & by virtue of whose pow'' I suspend you, Sam' Penliallow, from sitting, voteing. or assisting at the Coun- cill board, till his Maj""^^ pleasure shall be known. Geo. Vaugiian. [Speech to the House.] [p. 72.] Gent : You have been sent to, to know if any thing &c. . . and the answer returned, is,* I have three things to direct myself to you in, as 1"'. That yo'' sessions last was dilatory and little or nothing aflected. wh'=^ does not bespeak yo"" unanimity. 2'-''. That I have sundry allegatfons, complaining of the Illegality in the choice of sundry memb''^ of your house, and prayers thereon, and 3'y. That I esteem myself much dishonored and disregarded by your house in your last sessions (viz.), That whereas I came and sent to you three times to desire an opportunity to olTer some things for the King's interest, I could not lind admittance, nor be heard at all, tho' I was told I should x)'sently be honored in my request, and -t'-^'. Whereas I have had the King's stores of cannon, powd'", &c., in my hands as Conunander of the Fort, and had an account *The only Reconl relative to tliis in the Journal of tLe House is as follows: " The House met according to iirorogn.tion, Sept. 24, 1717. Present, Mr. Speaker, Tho. Packer, Capt. John Gillmau, Capt. Perce, Capt. John Gillman, Mr. Dennet, Capt.Wigins, Maj. Wear, Mr. Dambe, Mr. Tuck, Joseph Smith. " Sept 24, 1717. The House sent for up by the Lt. Governr Vaughan & dissolved in his Majesty's Name. Jos. S.'aiTn, Cler." 704 PROVINCE OP NEW-HAMPSHIRE. [1717. of last year's extraordiuary exponcc unci'' Col. Sliadrach AValton & Mr. Coats, the fort-keeper's liands, sent to board of Ordinance lodged in tlie Secretary's office, and likewise ofered to he laid be- fore the Representatives ; yet thexe came an insinuation of an Inibessehn', notwithstanding- tlici-e Vv^as a survey of the powd'', &c, b}' a Committee from y" Councill board, to their satisfaction, (viz.): Capt. Atkinson & Col. Walton; w*^*^ I cannot but esteem as a grievance ; and that yon are not Avell disposed to business, I do therefore, by virtue of my Royal Master, King- George's power to me given & in the King's name, dissolve tliis present Assembly. Geo. Vaughan. [p. 73.] Tro: N. Ilamp'', At a Gen' Assembly held at Portsm" b^' 2'\ 1717. Present in Councill, His Excellency Sam' Shute, Esq., Gov"", Sam' Perdiallow, ^ Geo. Jeff'rey, ^ Mark Ilunking, > Esqs. Shad. Walton, > Esqs. Juo. Weutworth, 3 Rich'' Wibird, ) His Excellency the Gov"" sent the clerk down to the House of Eepresentatives* to call them to this board; they came accor- dingly: Then his Excellency made the following speech to the Gen' Assembly. Gentn: I cannot omit at the opening this session to take notice of the unwarrantable and illegal proceedings of Lt. Gov'' Yauglian. In the Commission he receiA'ed from his Maj'tie King George, he is commanded to observe all such orders w'='^ from time to time he shall receive from the King or myself; and all p'sons are re- quired to take notice of the same. Some months since w" God, y"^ wise disposer of the elements, was pleased to alJlict us w"^ a great drought, I sent orders to the Lt. Gov"" to proclaim a flist, to implore God's favour, and that He would be pleased in his great mercy to water the parched earth * [From Journal of the House.] " 1717, 2 Oct. Ye House mett this day by liis Excellency's prorogation : Present, Capt. Read, Capt. Jno. Gillman, Mr. Eph: Dennet, Mr. Speakr Packer, Josh. Peirce, Col. Davis, Joth : Odlorn, Capt. Tibbett, Andw. Wiggin, Juo. Damm. Jon. Gillman, The house according to adjornmt mett at time apointed. Voted, Josh: Peirce Clark to ye Assembly." 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 705 w"' refresliing- showers; w"^'^ order he rerusecl to obey, ami there was no last in the Froviiicc. Ab* y*^ 16"^ Sept., I wrote to y" Lt. Gov'' and ordered him to prorogue the Assembly, W^'' was ordered to meet on y'^' j;4"' Sept., to tlie 2'i 8br. Instead of performing av' I had directed, he has p'tended to dissolve you, so that he has not only disobeyed the King's commands and mine, butt Avould have imposed on yon, Avlio are the rcpi'esentativcs of this Province, by assuming a ijow"" to liimself w'=*' he [r. 71.] is not invested with, when 1 am in America; nor can I believe any p'son can be so void of sense or reason as to imagine tliat the King made me Gov"' of New Hami)"" onely for the six weeks in a year that I am here, as the Lt. Gov" would have you believe. Give me leave, therefore. Gen', to observe to yoti, w' confusions would attend this Province if w' this Gent" has been aiudng- at was practicable. It is very possible that it might so happen that not only a Gov'' & Lt. Gov"" might disagree, but that also the oldest CounciF might jarr w* both of them, Avhat.theu must be the consequence? ^Vhy "truly, if an Assembly was chosen w"^'" the Go v"" thought to be for his Maj"''^ sendee, and also of this Province, if the ht. Gov"" did not like them, so soon as I was gone to Boston, he would dissolve them: If then another Assembly was chosen & they were approved of by the Lt. Gov"", and not by the Gov% he then would dissolve them;" If a thii-d should be chosen w'^^ the Gov"" & Lt. Gov"^ did approve of & the oldest Council'' did not, when Ave were both out of the ProAdnce, lie Avould dissolve them also; so that this Province would be like a monster av"' three heads and three hands, each endeavoring in their turn to undoe w' the other had done. Tliere could be nothing then butt elections and dissolu- tions, the King's commands Avould remain unknown and unexe- cuted, and y'^ alTairs of the Prov: neglected & at a dead stand. I do not, therefore, in the least doubt that siuce you are mett, that you will shoAV your resentments to these mischievous pro- ceedings, and put a stop to them; av'''" tend to nothing bnt to inflame the people, and Avould end in nothing but utter ruiu and destruction of this ProA'ince. [p. 75.] I am glad I can inform you that since I saw you last, I haA-e had an interview Av"' the Eastern Indians, and have'brought them into such measures as are for the hon"' of my master, Kmg George, and that tend to the quiet and peace of these Provinces, AV*^"^ are the tAVO principal things I aim at in all my transactions. After the treaty Avas concluded, and tlie former articles of peace, and some new ones signed and ratifyed, the Ind"^ complained to me ab' the English men's foAvling upon floats: and desired that Avhere either of the Provinces had any new settlem', that p'sous might be appointed there to furnish them av"' all necessaryes at a moderate rate. I promised them tliat I would endeaA'our to redress their grievances and to assist them, w*^"^ I recommend to your care, since what they desire is so Axry reasonable. "Tis your harvest time, and my aflairs at Boston Avill quickly require my p'sence there : therefore, hope you will dispatch what shall be necessary, and that you Avill, ag'' our meeting in the 45 706 PROVINCE OP NEW-HAMPSHIRE. [1717. Spring, Trlien we shall have more time to sitt, think of some meas- ures to promote naval stores, w'^'> will he very acceptable to his Maftie, and verv bcnelicial to this Province. Oct. 2^ 1717. ■ Saml. SnuTE. Adjorned to 3 o'clock, p. ^r. [p. 7J:.*] Pro: N. Hamp''. Mett according to adjornm'. Present in Councill As before. His Excellency produced and lay'd three lett'rs before this board from Whitehall ; the one directing his Excellency to send home an account of the State of this Province ; the second was directing the method of drawing out the Minutes of Councill and Gen' Assembly from the Journals in order to be sent home ; and the third ordered the publishm* of two articles out of the treaty of peace and neutrality in America, conducted between England and France the 6-16 day of 9*^'', 1686, WhereiTpon it was In Councill Ordered, That a Proclamation be issued out accordingly. Rich'* Waldron, Cler. Con. Sam' Penhallow & George Jeffrey, Esqs., were sent down to tlie liouse of Representatives to ask whether thcN' wanted to be informed in any matters that caused their delay of busyness. Rich'' Wibird, Esq., was sent down to the house of Represen- tatives to require their attendance at the Councill board; they came accordingh' ; where his Excellency ord'ed to be read to them the minute of Councill ab' Mr. Penhallow's being suspended, &c.. lie also read to y'" several of his IiLstructions relating to that matter. Adjorned to 9 o'clock tomorrow. * By error in the original Kecord, 74 aiul 75 are repeated. 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 707 [p. 75.*] Pro: N. IIamp^ At a Gen^ Assemblj^ held at Portm" by adjourm' Ocf 3'^, 1717. Present in Councill, His Excellency Sam' Shutc, Esq., Gov% Sam' Penhallow, ^ Geo. JeftVey, ^ Mark Hanking, ' > Esqs. Shad. Walton. > Esqs. Jno. \Ventworth, ) Eich'^ Wibird, ) Whereas on Wednesday the 2"^ 8''% the speaker of y^ house of Representatives came to the Councill board, & there informed his Excellency in Councill, that Jos. Smith and Peter Wear, Esqs., and Mr. John Tuck refused to sitt in Gen' Assembly, and said that if they were chosen again pr a new p'cejpt, they Avould not serve in said Assembly: It was desired by the Councill that a i)'cej)t might be issued out for other Representatives for the town of Hampton, in the room & stead of j-^afores'^ Smith, Wear & Tuck; and his Excellency thereupon issued out a p'cept accordingly. Plis Excellency the Gov'' ordered the clerk of the Councill a the Councill board, That, whereas he now had the Prov : Seal in his custody that he should not deliver the same to any p'son bu by his especial ord'' y''for. John Usher, Esq., p'seuted these papers to this board, directed to his Excellency the Gov'' & Councill ; tlie one a complaint ag*' Lt. Gov. Vaughan for irregularly entering upon the Governui' ; the second, ag^* Maj. Yaughan & Capt. Pickerin for their misman- agement as recorders; & the third, ag^' Col. Yaughan & Col. Waldron as Justices of the Inferiour Court of Common Pleas: he also p'seuted a fourth pp [paper] respecting the wast lands of this Province, &c., all which are on tile. Geo. Jefirey, Esq., in behalf of Maj. Peter Wear, p'ferred a Petition to this board to have a new township laid out on the wast lands w*in this Prov: as on file. Adjorned to 3 o'clock, p. m. [p. 7G.] Pro: N. IIamp^ Mett again according to adjornm*. Present in Councill, as before. Col. Davis & Capt. Odiorne, Esq., brought a vote to this board from the house of Representatives requesting his Excellency the Gov'' to send a p'cept to Hampton for Assembly men, &c., as on file : and also praj-ed leave of his Excellency in behalf of the house, that they might adjourn to Monday next. Adjorned to Monday next, 3 o'clock, p. m. * Ropeatelby error in the o.ig'nal. 708 PROVINCE OF NEW-HAMPSHIRE. [1717. Pro: N. Ilampf. At a Gen' Assembly held at Portsm° by adjoriim' October y'= 7"', 1717. Present in Conncill, Ilis Excellency Sam' Shute, Esq., Gov"", Sam' Penhallow, ^ Geo. Jeftrey, ) Mark Ilunldng-, V Esqs. Shad. Walton, } Esqs. Jno Wentworth, ) Elch'' AVibh-d, ) Mr. Geo. Walton & Mr. Geo. Walker appeared at this board to prosecute their petitions ab' being bankrupts, w"^ were both granted after the petitioners had taken the oaths as y'^ law directs ju such cases, & it was in Councill ordered. That Messrs. Knight, Ayres & Field be commissioners to receive the claims due from said bankrupts' estate, &c., & that the clerk prepare Commissions accordingly. Eich'' Waldron, Cler. Con. In Councill. Whereas Mrs. Hannah Jose appeared at this board & made Information that the surveyors of high-ways for y" town of Portsm" had by ord'^ of QuarP Sessions of the Peace layed out a liighway through lier land, w'^'out any satisfsictiou made her there- for, very much to her damage, and prayed she might be consid- ered in y' regard ; it was In Councill [r. 77.] Ordered, That the selectmen of s^' Portsm", be notifycd to chuse one p'sou, & Mrs. Jose another, to apprise the damage she sustains by having said high-way laid out througli her land, and that the town of Portsmo' pay her therefor — as also for her fence. Eich'' Waldron, Cler. Con. The clerk was sent down to the house of Eepresentatives w"' a vote for repealing the Act ab' banckrupts. Jotham Odiorne & Capt. Jno. Gillman brought iip the following vote to this board from the House of Eepresentatives, w'^'' was sent thither for conciuTence. It appearing to this board that a great many inconveniences happen unto sever£\l creditors on the account of the Law in rela- tion to the statute of Banckrupts, In Councill Voted, That the said Act be repealed, and hence forward be of none cfiect. Eich'' Waldron, Cler. Con. 8''^ 7, 1717; 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 709 Eead tliree times in the house of Rcpreseutativcs, and voted a concuiTcuce. Josh. Peirce, Clcr. to y'' Asscms'. Jotham Odiorne and Capt. Jn° Gillman brouglit the Sheriff's precept (to the Selectmen of Hampton for chusing Assembly men) to this board, together w"^ the selectmen's return on the back side thei-eof, which paper was sent back by Mark Hunking and Geo. Jeffrey, Esqs., they being directed by his Excellency the Govern'' to demand the reason of the House of representatives of their sending 8*^ pp. to the Councill board: vv^^ was performed; and the House by them returned the following answer: (viz.) To pray the opinion of the board upon it. To which y'= board made y^ following reply, & sent it the House pr. Sam' Penhallow & Jno. Wentworth, Esqs.: (viz.) That the free-hold'''* at Hampton had not made a choice of y'^ representatives agreeable to the pre- cept sent them. [p. 78.] Jotham Odiorne, Esq., and Capt. Jn'' Gillman brought the House of representatives' answer to y^ Gov''' Speech to this board ; w"^^ is as follows : Portsm", In ]Sr. IIamp^ J/rt?/ it i^lease your Excellency : — We liave considered yo'' Excellency's speech, and imbrace this opportunity to resent the illegal, unwarrantable and imprudent management of the Lt. Gov'" in his late practices, w'^'' so very much tend to the destruction of Governm', and confusion and ruin of this Province. We are sensible by yo'^ Excellency's Com- mission and Instructions that none else is invested w"'" poAV"" of Governm' but yo'self, while in America; and by the Lt. Gov''* Commission we observe that he is onely to p'foriii such instruc- tions and ord'''' as he shall receive from the King, or from his Command''-in-chief for the time behig; and for him to act, w"^out either is unwarrantable ; but to act contrary thereto is illegal and highly imposing on his Maj'''^'* good subjects, directly leading them into distraction and confusion, the event of w*^'^ may be y*" woi'st of evils. That such proceedings may be prevented for the future, we pray tliat care may be taken y' loyalty, peace and unity may bo p'served & continued. We rejoice yo"" Excellency's interview with y^ Eastern Ind"^' was attended w"' so much success,* and are ready and willing to fall in w"' any measures that the good agreem' w* them maybe con- tinued & any grievances may be redrest. We observe the atfairs of y other Governm* will quickly call you hence ; wherefore we shall attend y^ present busyness w"^ all * See account of the Conference and Treaty with Eastern Indians, in Eecords pre- ceding— jip. G93-701. 710 PROVINCE OF NEW-HAMPSHIRE. [1717. application & (liligence that tlie pnblick alTairs that cannot now be finished maj- he prepared ag"' y'= next session. 7th ybr^ i7i7_ rpj^^j. Packev, Speak^ Adjorned to tomorrow 9 o'clock, a. m. [p. 79.] Tro: N. Hamp^ At a Gen' Assembly held at Portsm°, by adjournm*, 8br. 8"^, 1717. Present in Councill, His Excellency, Sam' Shute, Esq., Gov'', Sam' Penhallow, ^ Geo. Jcffrej^, ^ Mark Ilnnkiug, > Esqs. Shad. Walton, > Esqs. Jno. Wentworth, ^ liich'' Wibird, ) Col. Davis and Capt. Jotham Odiorne, Esq., bronght two pa- pers from the Hoiise of Representatives to this board ; y* one a copy^ of a vote ont of Hampton town book, concerning Messrs. Smith, Wear & Tuck, representatives for s'' town, as on file; and the other a paper signed pr. the said Smith, Wear & Tuck, and by them p'sented to the house of represen'% w*"'' is as follows : — Pro : ]Sr, Hamp'. To the members of the late House of 7-e2yrese)itatii'es for said Province: Gent", — The words in the King's Commission to His Excel- lenc}' Col. Shute ajjpears to us very plain (viz.), that when the Gov'' is absent out of the Province, then his Hon'' the Lt. Gov"^ is authorized and impowerd to execute the powers contained therein, untill y*^ Govern''** return into said Province : Now it is most certain y'' Gov'" was not in this Province the 24"' day of Sep- temb'' last past, when the Lt. Gov'' disssolvedthe Gcnl. Assembly. Gent", — Were tliere any room to dispute y^ legality of the dis- solution, and it should appear as illegal, yet sure notwithstanding that inasmuch as there was no adjournm' of the house, you must necessarily as such cease to be ; & in our opiiiion cannot w"'out dishonour to the Crown, imposition on the i^eople and danger to y''selves, be capable of acting again, w"'out a new election & new qualifications of the whole house ; So that we, the subscribers, being now chosen by his Excellency y^ Gov''*' p'cept, thereby im- plicitly confirming our opinion, that you are not looked upon as a House of liepresentatives — We count it not safe for us to act w"^ you, as you Avere on y^ 24: of Sept. last dissolved untill new elected and qualifyed legally. 8br. 7"S 1717. Gent", We subscribe o'sclves y°'' hum: serv*% Jos. Smith, Peter "N^'ear, Ju° Tuck. 1717,] JOURNAL OF COUNCIL AND ASSEMBLY. 711 [p. 80.] Col. Jos. Smith, Maj. Peter Wear, Esq., aud Mr. Jn" Tack were sent for to this board, & examined apart concerning the afores'' paper, by them subscribed; — w"""^ examination is on file.* * [Copied from tlio Paper on file.] Jiio. Tuck being sworn : Ye Govr. askeil, Who was at j'e town meeting? Tuck answered, Abt sixty men. Govr.: Who wrote the Town Vote? I wrote it. Govr.: Did nobody dictate to you? Tuck: There was several p'sons p'sent when I wrote it. Govr.: Who dictated to you? Messrs. Smith & Wear & nij'self did it amongst us. Govr. : Whether the paper signed by Messrs. Smith & Wear & yourself was read in ye town meeting? Tuck: Yes. Govr.: Was it read before or after the vote? Tuck : I don't certainly know, but I believe before ye vote. Majr. [Wear] being sworn, to give true answers to such: Govr.: Did you draw up ye vote? Wear: I did not. Who did draw it up? Wear: I don't know. Govr. : AVas ye pp. signed by you putt into ye Genl. Assembly, read in Town meeting? I think it was, I can't certaiidy say if it was. Was it read before or after ye election? I don't know. Govr. : Wt was ye design of that pp. signed by you, &c.? It was given as reasons for our not sitting. Joseph Smith being sent, for came, & being sworn : Govr. : Did you write the vote of ye town? Smith : No. Govr. : Who did, were you not concerned? I wrote part of it. Did you write the pp. putt into ye Assembly, signed by yourself, Maj. Wear & Mr. Tuck? did you sign it? I did. Was it read in town meeting? No, but something like it or to ye same effect. Govr. : Where is yt pp. that was read? Smith: I have it. Govr. : Let me see it. Smith: I have not got it here. Where is it? I will send it. Col. Smith, Maj. Wear & Mr. Tuck Examination, 8br 8th, 1717, minuted as follows. Jno. Tuck on oath informed : That there was abt 60 men at the town meeting: that he wrote ye town vote for electing ye Assembly men ; that Joseph Smith & Peter Wear dictated to him in writing sd vote, and that the i)aper signed by Joseph Smith, Peter Wear and himself was read in ye town meeting, but whether it-was before or after ye vote was past he did not know. Ma;). Wear (in oatli informed, that he knew not who drew up ye town- vote & could not certainly say whether the pp. signed by Joseph Smith, Esq., himself and Mi'. Tuck was read in the town meeting or not, but that he believed it was. Then the Govr. asked wt ye design or end of that pp. was ; to which he answered : — to shew the reason why they would not sitt in Genl. Assembly. Jos. Smith, Esq., on oath informed, that he wrote part of the town vote, and that he wrote the paper that signed by himself, Peter Wear, Esq., & Mr. Tuck; that the said pp. was not read in town meeting, but something like it, or to ye same eflect; which being demanded by ye Govr., he answered, he had it not there, but wd send it to his Excellency. Then they withdrew. [Yote of the Town.] At a Legall meeting of ye freeholders of ye town of Hampton, the 7th of ye Sth mo. 1717. Then chosen moderatr, Jno. Redman, sen. Voted, That whereas. Wee ye town of Hampton, did elect Coll. Joseph Smith, jMaj. Peter Wear & Mr. John Tuck our Representatives to sitt in ye late Generall Assem- bly, which Assembly was dissolved by his Maj'ty's Lt. Govr. Vaughan, as appears to us of Records : And now, having Rec'd a precept from his Excellency Govr. Shute, 712 PROVINCE OF NEW-HAMPSHIRE. [1717. Capt. Paul Gerrish & Lt. Bcnj" Went worth liaviiig received commissions for Capt. and Lieut, of a troop of Horse in Dover, & jMr. James Jeftrey a Commission for Coroner & Notary Publick w*iu this Province, — all took the oaths instead of the oathes of allegiance and supremacy, & y* abjuration oatli accordingly. Tlie Clerk was sent down to the house of representatives w"' a vote for a Committee of Auditt, &c., w*^'' was returned from said house by Jotham Odiorne, Esq., concurred w*, & is as follows: In Council]. Voted, That Mark Hunking, Jno. Went worth & Geo. Jcflrey, Esqs., be of a Committee from this board to joyn w* such as shall be chosen by the house of representatives, to receive the claims and auditt the accounts due from this Province. gbr gth^ i7i7_ jjj(.l^a AValdron, Cler. Con. Read three times in the House of representatives and voted a concurrence. Voted, that Col. James Davis, Jn° Gillman, Esq., & Josh. Peirce be a Committee from tliis House to joyn y*' Committee of the upper house for the auditt of the Prov: claims, iii order to be laid before y^ Assem^ for allowance. Josh. Peirce, Clerk of Assem. Adjourned to 3 o'clock, r. m. [r. 81.] Pro: X. Hamp^ Mett according to adjournm'. Present iu Councill — as before. The clerk was sent down to y'^ House of representatives w"' a vote for chusiug a committee to prepare several bills in ord'' to their being past into Acts, &c. His Excellency the Gov"" and Councill having considered the af- fairs of Jos. Smith and Peter Wear, Esqs., & Deacon Jn° Tuck, Ordered that that they be brought to the Councill board. They appeared accordingly, where was read to them the following vote of Councill : In Councill. Whereas, a libel has been drawn up and signed by Joseph Smith for a new choice to jojTi ye sd Assembly, dismist as above said ; In answer to which wee say: If ye Representatives of our town are dismist, the wliole are dismist. And wee humbly declare wee are of opinion not to joyn Assembly men with such as are not legally choseu & quallifyed. Vera Copia. Test. Juo. Tuck, Town Clerk. 1''17.] JOURNAL OF COUNCIL AND ASSEMBLY. 713 and Peter Wear, Esqs., and Deacon Jn" Tuck, W^'' ■s^'as read to the free-hold''' of Hampton in a publick meeting appointed for electing three otlier members in the room of the s'^ Joseph Smith, & Peter A7car, Esqs., & Deacon Jn" Tuck, who were not dismis'* the house as they do in said libel falsely insinuate; but bee: they themselves refused to act or sett in the said Assem' then mett; and whereas the s^ libel they afterwards sent to the low'' house, w*^^ by them was seat to y" Councill, who having fully examined the matter : Voted, That the s*^ libel reflects highly on the goverm', is tsilse and scandalous, and was handed ab' only to stir up sedition and tumults in this his Maj''"^^ Prov : of New Hamp'^ ; and also that the said Joseph Smith, Peter Wear, Esqs., & Deacon Jn" Tuck, do enter into bonds w* sureties of four hundred pounds each, to an- swer what shall be alledged ag^' them, in relation to these mat- ters, when they shall be summoned to appear to answer y'''^to, be- fore the Gov'' and Councill, and to be of good behaviour, paying fees, and in case they refuse, to stand committed. 8br sth^ 1717. ' Iliciid Waldron, Cler. Con. The sheriff took bondi^ of them, accordingly. Adjorned to 9 o'clock, to-morrow, a. ji. [p. 82.] Pro:N. Hamp^ At a Gen' Assembly held at Portsm", by adjornm', October 9"^, 1717. Present in Councill, ^^. His Excellency Sam' Shute, Esq., Gov'', Jno. Wentworth. ? T7, ^ Rich'' Wibird, ?^ Geo. Jaffrey, ^ -t-^tl^- Thom'Westbrook, ^ *^^- Capt. Mathews and others appeared at this board to prosecute their petition, f ab' having the vote of Gen^ Assembly constituting Oyster River a parish to be repealed, * [From Journal of the House.] "1717, Oct. 3. Whereas, Coll. Joseph Smith, M-ijr. Peter Weare .1 Mr. Jiio. Tuuk are cUsmigs'd this House, ■Voted, That his Excellency be Requested to issue forth his Precept to supply ye vacancy. Josh. Peirce, Clerk." t [From copy of Petition found on file.l To his Excellency Samuel Shute, Esq., Governr. and Commander-in-chief in and over his Majestyes Province of New Hampshire, and to the Honourable the Council and Representatives convened iu General Assembly : 714 PROVINCE OF NEW-HAMPSHIRE. [1717. Capt. Stephen Jones & Messrs. Joseph Jones & Philip Chesley appeai'ed also as agents for s'^ Parish, to make defence ag*' s'' Peti- tion, who put in an answer thereto, as on file. The Petition of snmlrj' of the Inhabitants of Oyster River in Dover, most humbly sheweth: Tliat, Wliereas sometime about a year and half agoe, a Petition was then preferred to the General Assembly then sitting at Portsmouth, by several of our neighbors in said place to be made a District of themselves, — which being wrongly represented unto said Assembly, A vote thereupon was Passed in both Houses, which being very prejuditial unto the Interest of the whole : — Your Petitioners therefore do humbly Pray that as there was only a vote, but no Act passed, that there may be a fair hearing of the whole matter before your Excel- lency in Council, that in your wisdom you may see good to Reverse the same; and that a reasonable proportion of land may be alotted us from the township of Dover, for a more amicable agreement between each other in carrying on the Worship) of God : And seeing we have two meeting houses, we humbly pray that in wisdom you will so determine, that the Inhabitants may go to each of them every other meeting day ; And your petitioners shixUever pray. Thomas Edgerly, Thomas Drew, .Tohn Pinder, "William Gloyns, Joseph Edgerle, Joseph Kent, John Footman, John Daiiel, John Kent, Samuel Edgerly, Benjamin Pinder, Benjamin Footman, Robert Kent, John Davis, Joseph Danel, Eleazer Bickford, Stephen Jenkins, Benjamin IMatlie:*^ James Langle, Francis Mathes, jun., Nathaniel Randal, * Samuel Davis, John Williams, jun., Joseph Hix [Hill?], Benjamin Body, James Davis, junr., Samuel Williams, Bartholomew Stephenson, Timothy Davis, Josejih Nudder, Zacharias Eilgerly, (1) Some words added, illegible, Moses Davis, jun., John Rand, Edward Graham, Abraham iNIathes, John Bickford, William Wormwood, Joseph Bickford, Thomas Fontman, Joseph Stephenson, Joseph Footman, Thomas Davis, Francis Mathes, William Hill, Daniel Misharve, Joseph Jenkins, Henery Rines, Daniel Davis, Thomas Rains, James Davis, Abraham Stei)lienson, John Edgerle, Solomon Davis, Salathiel Denbo, William Clary, Ichabod Follet, William Rains, Samuel Smith (1), Pliilip Duly, Jolin Williams, John Amlen [?] 171'.] JOURNAL OF COUNCIL AND ASSEMBLY. 715 111 Councill. Ordcr<\ That the matter be referred till the next sessions of the Gen' Assembly, & that all p'ties be notifyed that are any ways concerned in y"^ aflair, to attend the hearing, &c. IJich. Waldron, Cler. Con. Adjourned to to-morrow, 9 o'clock, a. m. Pro : N. Ilampr. At a Gen' Assembly held at Portsm", by adjornm', October 10% 1717. Present in Councill, His Excellency Sam' S'hute, Esq., Gov"", Sam' Pcnhallow, "1 Theo. Atkinson, ^ Mark Hunkinii", (v Geo. JatiVev, [-,-, Jno. Wentwoi-th, [ ^^^^' PichMVibird, ^i-sqb. Shad. Walton, J Thom' Westbrook, J Col. James Davis, Capt. Jno. Gillman and Capt. Jotham Odi- orue, Esqs., brought up the following vote to this board: Whereas, there has been a difference of some years' continuance in the town of Portsm", relating to the ministry, w^'* ditFerence in some measure hath aliected the whole Province ; In order to rec- oncile the same : [p. 83.] Voted, That the sallary for the reverend Mr. Rogers be raised by an Annual tax upon all the Inhabitants of the town in an equal jiroportion, except Greenland and JSTewiugton; except also such as shall be the hearers and subscribers to Mr. Emerson, who are hereby obliged to give in their names to y^ selectmen of the town, at or before the 20"' of Novcmb"" next; and that three jicrsons be chosen annually, being free-hold'''' belonging to the bank, by that i^art of the town, to lay s*^ tax on the inhabitants that belong to the new meeting-house, and that three ji'sons be also chosen on the south side of the mill-dam annually, by and among themselves, to tax y^ subscribers to Mr. Emerson; and such taxes laid & signed by each of the three p'sons that shall be chosen, as y^ ma]'" part of them, together with a Jus' Peace, shall be comitted to the constables of each part of the town, who are hereby directed and impowered to collect the same, and pay it in according to their warrants, to the said three men, for the sup- port of the ministry ; and in case of failure to be dealt w"' as the law directs for not collecting other town rates, & also that the p'sent Assembly shall chuse three men for the Bank,* and three *Tlic ancient name of Portsmouth. 716 PROVINCE OF NEW-HAMPSHIRE. [1717. nieu for the south side of the mill-dam, to lay the tax for the tirst year, which will cud the 25"^ March uext ; aud all p'sous coucenied are hereby oblidged to pay his or their several tax to the coustahle appoiuted to collect the same, ou the peualty as iu case of non- paj'iug other rates is i^rovided, aud that all i^'sous who shall here- after settle iu the towu, shall w^'iu oue mouth after their settlcm' give iu their uames to y'^ sclectmeu for time heiug, to which i)art of the towu they will joyu themselves. * Oct"^ 10, 1717. Read three times iu the House of Repre- seutatives & past by a full vote. Josh. Peirce, Clcr. Assem. Eodem Die. Iu Couucill. Voted a coucurreuce. Richi Waldrou, Cler. Cou. [p. 8-4.] Col. James Davis, Esq., aud three other members of the house of Represcutatives brought up a A^ote to this Board for p'seutiiig his Excelleucy the Gov'' w"' oue huudred aud sixty pouuds. They also prayed iu the uame of the House, that his Excel- jeucy would issue out Proclam", &c., Avhich the Couucill advised to, & thercupou his Excelleucy did it accordiugly — a copy whereof is ou file. Adjourucd to to-morrow, 10 o'clock, a. m. Prov : N. Ilamp''. At a Geu' Assembly held at Portsm° by adjoruui', October the 11"\ 1717. Prcseut iu Couucill, His Excelleucy, Sam' Shute, Esq., Gov"", Sam' Peuhallow, 1 Geo. Jettrey, ) Mark Iluukiug, I ^ Shad. Waltou, I -p, Juo. AA^eutworth, ( ^^^^' Rich'' Wibird, ( ^^^i'^* Theo. Atkiusou, j Thorn'' Westbrook, j This day the Couucill coucurred w''' y*' Represcutatives for p'seutiug the Gov'' w"" oue huudred & sixty pouuds. It is as fol- lows: * [From the Journal of House.] Oct. 10. " Voteil, yt 3 men be chosen of ye members of this house to wait on his Excellency & represent to him ye grievance yt many of his Maj 'tie's good subjects la- hor under, by being restrained by Jno. BriJger, Esq., his Mnj'ties surveyor, from loging in ye woods in ys Province." 1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 717 Voted, That Lis Excellency be p'sciited w* one Imndrcd and sixty pounds out of the interest of y'^ fifteen hundred pounds lett out to sundry Gent" in the year 1714. to be paid in bills of creditt of this Province. Read in the house three times & ordered to be sent up by four members. Josh. Pcirce, Clerk. In Councill. Oct. 11"', 1717. 'Voted a concurrence. Pich'' AValdron, Clcr. Con. Adjourned to 3 o'clock, p. yi. [p. 85.] Pro: N. Ilamp'". Mett again according- to adjornm'. Present in Councill — as before. Geo. Jaffrey, Esq., made complaint to this board that he hav- ing mony due to him from the estate of Henry Williams, de- ceased, made application to Eicli'^ Waldron, Esq., as Judge of Probate, who referred his account to the Commission'"'' apx)oiuted to receive the claims due from said Estate, yv"^^ said Commission''^ cutt off great part of the complainant's account to his great dam- age. Whereupon, it was In Councill Itesolvcd, That the whole account was good & ought to be allowed. Piich'i Waldron, Cler. Con. Theo. Atkinson, Esq.. p'ferred a paper to this board requesting the privilege of another publick house at N. Castle, &c., yv^^ being read was sent down to the house of Eepresentatives by Shad. Walton and Eich'^ AVibird, Esqs., w"^ a vote of Councill thereupon, w'^'^ pp. & vote was returned from the house by one of the members not concui-red w*'^ — as on file. Col. James Davis brought up two votes to this board from the House of representatives, w*^"^ are as follows : Voted, That Geo. Jaftry, Esq., Mr. Edward Ayres & Capt. Sam' Hart, be the three men for laying tlie ministers tax on the bank l^art of the town for this year: — And Capt. John Pickeriu, Mr. ^Vm. Cotton & Capt. Geo. Walker, be the three men for like ser- vice on south side of the mill-dam for this present year: — And that the several three men be impowered at the Expiration of this year, by themselves or the maj'" part, w* y'' assistance of a Just 718 PROVINCE OF NEW-HAMPSHIKE. [1717. Peace, to convene the part of the town or parish to which they belong, & when mett they or the maj'' part of them p'sent, to choose three in their room, for the service afores"^, and also to add to said minister's tax what may be necessary for the repairs of the [p. 8C.] meeting house to each part of the town. Josh'' Peirce, Cler. Assem^. In Conncill. gbr iith^ 1717^ Voted a concurrence. Wliereas the Selectmen of Portsm" have complained to this house, that their town now lies und"" a p'sentment for want of schools in the town: Voted, That the Selectmen be impowered to call & agree w* two schoolmasters for the town of Pdrtsm", y^ one for Latin, the other for reading and writing & cyphering; — and settle them as may be most beneficial for the town, at their best discretion, Josh'^ Peirce, Cler. Assem*'. In Conncill. gbr iph^ 1717. Voted a concurrence. Richd Waldron, Cler. Con. Capt. John Gillraan brought a vote to this board from the house of Representatives requesting his Excellency the Gov'' to ord'^ the Capt. of the fort & keep'' of the King's stores to lay the true state of each before the house, — as on tile. Adjourned to to-morrow, 9 o'clock, a, m. [p. 87.] Pro : ]Sr. IIamp^ At a Gen' xVssembly held at Portsm° by adjornmS 8'^"^ 12^'', 1717. Present in Councill, His Excellency Sam' Shute, Esq., Gov"", Sam' Penhallow, "I Geo. JaflVev, "j Mark Ilunking, i ^ Shad. Walton, [ y Jn'^ AVentworth, .[ ^^^^- Riclr' Wibird, f ^*^^- Tho. Atkinson, J Thom^ Westbrook, j Col James Davis, Esq., & three other members of the house of Represen'^ brought up the two following votes to this board : Whereas, John Bridger, Esq., his Maj"''^ Survey'' General, has Ord''^ to hinder all p'sons in this Province from going into his ]yj;jjtic3 ^oods to cut any sort of timber; — w'''', for want of a fair representation to his Maj"'^ is very hurtful and ruinous to many of his good subjects : 1"1~.] JOURNAL OF COUNCIL AND ASSEMBLY. 719 Voted, That his Excellenc)' be requested to h'ly before ' liis Maj''« the grievance that many of his good subjects labor under by such restraint. Josli* Peirce, Cler. Assem''. Voted, That twenty pounds sterling be drawn out of the treas- ury of this Province, to be improved for agency to forward the above vote. Josh'' Peirce, Cler. Asscm''. TJead three times in the House of representatives and voted unanimously, and ordered to be sent to the upper house by four memb''^ of this house, for concurrence, J. P., Cler. Assem'^. 3br i9th^ 1717. I^ Councill. Voted a concurrence w"' both the foregoing votes. Rich'' Waldron, Cler. Con. [p. 88.] Voted, That there be one licensed house at Great Island in N. Castle, for entertainm' of strangers, &c., besides w' is already allowed pr. former Act. Josh* Peirce, Cler. Assem^'. 8'^'^ 12«^, 1717. Voted a concurrence, — Eich'i "Waldron, Cler. Con. Mr. Sheritr Gambling made a representation of the deficiency of the Goal to this board, &c. The Clerk was sent down to the house of Representatives by his Excellency the Gov"', to require the attendance of that house at y*' Councill board. They came accordingly. Then the follow- ing bills (viz.), Ab' altering. the time of the Court of Appeals sitting; ab' shingles, & ab* tarr, pitch, &c., were past into Acts, by being signed and sealed in p'sence of the Avholc Gen^ As- sembly. Then his Excellency made y'= following speech : Gent^n: — I can't enough commend the loyalty and unanimous proceedings of both houses at this juncture," when some ill- minded ij'sons were endeavoring to disturb the quiet and peace of this Province, and to introduce confusions amongst us. So soon as I shall return to Boston, I shall send home an ac- count of your proceedings, w*^'' I am sure will be thought praise wortjiy. I have, by the advice of y'^ Councill and desire of the low' house, issued forth a Proclamation, w'^'' being joyned w"^ yo"" best endeavours, upon yo'' return to your respective towns,' will, I hope, p'veut and break the measures of the disaffected, and also be for the information of those that were ignorant and misled and [p. 89] bring them to their duty, w'^'' W'ill quiet the minds of his Maj''«5 good subjects. 720 PROVINCE OF NEW-HAMPSHIRE. [1718. Geflfn : — I return you my tliaiiks for your p'scut, and also for your promise to make it equal to my p'decessors, at our meeting in tlie spring-; and shall also upon the memorial you have deliv-, ered to mc, use my best endeavours to get the King's Ord''* in rela- tion to the timb'' explained and made easy to tlie people of this Province. The affairs of this session being so liappih" concluded, I do pro- rogue you to the second Tuesday in January next. Sam'l Siiute, S'"- 12, 1717. Prorogued to Tuesday the fourteenth day of Jan^ next. Pro : N. IIamx)^ At a Gen' Assembly held at Portsm'' by prorogation, January 14"^, 1717-8. Present in Councill The Ilon''''^ John Wentwokth, Esq., Lt. Gov"",* Sam' Penhallow, j^ Geo. Jatirev, > Esqs, Picli'i AYibiVd, ) Pursuant to an ord'' from his Excellency the Gov'' to his Ilon"^ the Lt. Gov'' for prorogueing the Gen' Assembly, In Councill Ordered, That the said Gen' Assembly be prorogued from this day to Tuesday, the 29*'^ day of April next ensuing, and that the Clerk issue out proclamations accordingly. Prorogued to Tuesday, the 29"' April, 1718. [r. 90.] Pro. N. Hamp''. At an especial sessions of the Gen' Assembly held at Portsm", Feb. 21, 1717-8. Present in Councill, The Honorable Jn° Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ) Shad. T,^alton, ) Mark Ilunking, > Esqs. Eich'' AVibird, > Esqs. Geo. Jaftrey, " ) Thorn' Westbrook, ) The Clerk was sent down to the house of Representatives to call them to this board. They came accordingly, where his Hon'' the Lt. Gov'' made the following speech : GeiiVn: — Whereas, the King has been pleased to apj)oint mc *See Lt. Govr. Weutworth's Commission in Kecords of Council, Vol. II., p. 712. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 721 Lt. Gov of this his Maj''<'^ Province of N. IIamp% and this being- the first opportunity I have had of seeing the Gen' Assembly, 60 I gladly embrace it: To assure you that I will to the utmost of my power support and maintain the hou'' of the Crown, und'" the most happy reign of our Sovereign Lord King Gieorge and his most illustrious family. And I doubt not but you will all as good and loyal subjects joyn w"* me herein; and as t am for supporting the prerogative of the Crown, so you shall always lind me ready and willing to fall into all such just measures as "may tend to the maintaining & defend- ing our rights and properties', so far as in me lies. There has been an unhappy ditference in this town, the occasion now too long to relate, w"^ ditierence has in some measure affected y*^ whole Province ; but thanks be unto God, they are much abated, and some good steps have been taken for an accommodation, so that if every one of us in our several stations will put a helping liand, I doubt not but in a short time we may have a good har- mony both in town and Province, — the attaining of which will give glory to God and peace to ourselves. Genfn: — The Principal thing I shall recommend to yo"" consid- eration at this time is [p. 91.] the Province Eecords, a matter that concerns posterity, and on w"'' our properties very nuich depend. The Gent" in whose hands they now are, is dangerously ill, & it's thought cannot continue long; — therefore, in point of pru- dence, we ought to think of a proper person to receive the records w"^ all the books, tiles & papers thereunto belonging. I would also put you in mind of those bonds w*^*^ belong to the Province that was lodged w"" Col. Smith, late of Hampton, de- ceased, that you will take care the vote of Gen' Assembly be ob- served therein. John Wentworth. Adjorned to to-morrow, 10 o'clock, a. m. Pro: N. IIamp^ At a Gen' Assembly held at Portsm" Feb. 22'« Jn° Wentworth, Esq., Lt. Gov% Sam' Penhallow, ^ Shad. Waldron, ^ Mark llunking, > Esqs. Pach'' Wibird, > Esqs. Geo. Jaffrey, ) Thom** Westbrook, ) Jotham Odiorue, Esq., brought up the following vote to this board : Voted, That Mr. Speak'' Packer, Mr. Eph'' Dennet and Josh^ Peirce, be a Committee from tliis house to demand the bonds that were formerly given by sundry gent" of y"-" Prov: for fifteen hun- dred pounds bills of credit of y^ Prov : formerly lent to them ; — v;"^ bonds were lodged in y« hands of Col. Joseph Smith, deceased-; 46 722 PROVINCE OF NEW-HAMPSHIRE. [1718. & now to be demanded of his widow relict, & when received, to be lodged in the hands of the Speak' of the house of Represen*' for time being, till further order'^. 21^' Feb., 1717-8. Josh'' Peirce, Cler. Assem'. In Councill. Feb. 22'!, 1717-8. Voted a concurrence. Eich"! Waldron, Cler. Con. [p. 92.] Capt. Jotham Odiorne, Esq., and Capt. John Gillman brought the following vote to this board : "Whereas there has been some proposals of moving the Province Eecords from Maj. Vaugban's, it being supposed that he, the said Maj'', was rendered uncapable of officiating in s'^ office through natural indisposition : The House ha"sdng by a committee conferred w^'^Maj. Vaughan, do find him capable to p'form w'' needfull as formerly relating to that office; and w^e that are present being but ab' half of the so- ciety: Voted. That the s'^ Eecords be continued w"' J^Iaj^ Vaughan, till further ordered. Josh* Peirce, Cler. xissem*^. In Councill. Feb. 22^ 1717-8. Voted a concurrence. Eich"^ Waldron, Cler. Con. One of the memb"'^ of the House of Eeprescntatives brought the following request to this board: — Whereas we have been informed, that Oliver Noyes and Elisha Cook, Esq., of Boston, have had administration granted to them by the judge of Probate, &c., of this Prov: on the pretended rights and properties of Sir Charles Hobby, deceased, and the bonds given for their regular administration iwas not sufficient: "Wliereupon, it is the desire of the whole house present, that the upper house, w^ho is the Supreme Judge of Probate, &c., would putt a stop to any further proceeding in that affiiir, till the interest of the Province be a little consulted. 22'', Feb. 1717-8. Josh'' Peirce, Cler. Assem^ The Gen' Assembly stands prorogued, according to former pro- rogation (viz.), to y^ 29"' day of April, 1718. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 723 [p. 93.] Pro : N. Ilamp^ At a Gen' Assembly held at Portsm" by prorogation, April 29*, 1718. Present in Conncill, His Excellency Sam' Shute, Esq., Gov', &c.. His Hon'' Jno. AVentwortli, Esq., Lt. Gov'', Sam' Penliallow, j^ Geo. Jaffry, j^ Mark Hunking, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Rich'' Wibird, ) Tho' Westbrook, Esq. Rich*^ Wibird, Esq., was sent down to the house of Represen- tatives to require their attendance at y® Conncill board. They came accordingly, where his Excellency the Gov"^ made the fol- lowing speech. GenP' : This being the usual time for y'' spring sessions, I am come to meet you and am glad to find that those coals of contention w*^*" were kindled & blowing up amongst us are bj^ your care in your several stations so happily extinguished. All that I have of mo- ment to ofier to you at this time is, that some speedy methods might be thought on, for y*" encouragem' of raising hemp and other naval stores, w'^'' will be very acceptable to y"^ Court of Great Britain, & highly advantageous to this Province ; as also that there may be an Impost & Excise, w'*' I am informed hath been vour constant practice before my arrival in this governm'. GeiW' : I believe this is a busy season of the year; I shall therefore, so soon as yon have dispatched w''' shall be necessary, dismiss you to pursue your own private affairs. Sam' Penhallow & Theo. Atkinson, Esqs., were sent down to the House of Representatives, to recommend to their considera- tion the making an especial ord"" of Gen' Assembly to appoint a new Grand Jury of Inquest, to inquire into the indictment exhib- ited against John Keuniston, on suspision of murthering an Indian, &c. Capt. Josh=» Peirce came to this board and desired in behalf of y^ House of representatives a Coi)y of the Gov''*^ speech, — w'^'^ was granted, the same being sent down to s'' house by the clerk. Adjourned to tomorrow, 10 o'clock, a. m. '24 PROVINCE OF NEW-HAMPSHIRE. [1718 [p. 94.] Pro : N. Ilamp'". [Met according to adjorum'.] Present in Council], His Excellency Sam' Sliuto, Esq., Gov"", His Hon"' John Weutworth, Esq., Lt. Gov^ Sam' Penhallow, ? ^^ ^_ Shad. Walton, ? ^ Theo. Atkinson, ^ ^^*^1'^- Kichi Wibird, \ ^^*1'^- Adjourned to 3 o'clock, p. m. Esqs. Pro : N. IIamp^ Jlet again according to adjornm'. Present in Councill, As before — also, ]\[ark Hunking, George Jaft'rv, Capt. John Downing p'ferred a Petition to tliis board directed to his Excellency the Gov'' and Councill, signed pr. y*" Selectmen of Newington in behalf of that Parish, for an enlargem' thereof, as on file. In answer to w'^'^ His Excellency the Gov"" and Councill say, That they find in the Eecords of Gen' Assembly, the said parish ah'eady polled ofi" and cannot see any reason at p'sent to alter the same. Eich'i Waldron, Cler. Con. Adjourned to tomorrow, 10 o'clock, a. m. Pro : N. Hamp^ At a Gen' Assembly held at Portsm" by adjournm', May l'^', 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov'', His Hon'' John Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ^ Geo. JafTry, i ]\Iark Hunking, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Rich'' Wibird, ) George Jaffry and Rich"^ Wi]:)ird, Esqs,, Avere sent down to the house of representatives to make a second motion to that house ab' passing an especiall Act for a new [p. 95.] Grand Jury in y case of John Kenniston before mentioned. Col. Mark Hunking, Esq., was sent down to the house of repre- sentatives w"" a vote for appointing a new Grand Jury. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 725 Lt. Col. James Davis, Esq., brought up y*' house of Represen- tatives' answer to the Gov" speech to this board, w'^'' is as follows: May it please your Excellency : — It is with much pleasure that we now have an opportunity to meet yo"' Excellency, when those jarrs and discords W^^ have' for some time past unliappily disturbed and clogged the affairs of this Goverimi' are vanished. We are of opinion that the raising hemp and other naval stores would highly conduce to \^ interest of this Province, as well as be serviceable to y« Crown of Great Britain : but by reason of the late long and tedious warr, the people of this Prov: have been so long pent up as that yet there is not land enough opened to raise a sufficiency of corn for their support, so that atpresent we are not capable to p'scribe measures that may encourage it. And as to an Act of Impost, we are of opinion that the charges of the Goverura' are more easyly defrayed by way of tax upon all persons and estates, and that its most for y interest of all his Maj"*'* good subjects of this Prov: to have a free port this year. But we think an Act of Excise very reasonable, & desire one may be p'pared accordingly. xVnd as it is y" seed time of y« year, we shall to our utmost for- ward all busyness that this session may be short, and in order tliereto desire that the Committee for auditing accounts & revising and p'paring Laws may speedily give in their reports that we may- proceed on them. Thorn' Packer, Speak^ Capt. Hugh Reed brought the two following votes to tliis board, &c. [f. 96.] Voted, That the Excise be continued for y^ year ensu- ing as formerly. 30"! Ap' 1718, Read three times, and ordered to be sent up for concurrence. Josh* Peirce, Cler. Assem^ In Councill. May 1^*, 1718. Voted a concurrence. Rich"! AValdron, Cler. Con. Voted, That Capt. Hugh Reed and Mr. Eph'' Dennet be a Com- mittee from this house to joyn such as shall be chosen by the upper House to form y^ Excise of y'^ Province for y^ year ensuing. Ap' 30"^, 1718. Read and ordered to be sent up for concurrence. Josh* Peirce, Cler. Assem'y. In Councill. May I'S 1718. Voted a concurrence ; and that Theo. Atkinson and Rich'^ AVibird, Esqs., be of a Comittee of y Councill for y« ser\'ice above. Adjorned to 3 o'clock, p. 3i. 726 PROVINCE OF NEW-HAMPSHIRE. [1718. Pro : N. IIamp^ Mett again according to adjornm'. Present in Couucill as before. The Committee for supervising the Laws, &c., p'scnted severall bills to this board, w<='' they had prepared in ord"" to pass into Acts, w'^'' had a first reading & were sent down to the house of Repre- sentatives pr. y^ clerk. Adjorned to tomorrow, 11 o'clock, a. m. [p. 97.] Pro. N. Hamp^ At a Gen' Assembly held at Portsm° by adjornm' May 2'^, 1718. Present in Couucill, His Excellency Sam' Shute, Esq., Gov"", His Hon"" Jno. Wentworth, Esq., Lt. Gov% Sam' Penhallow, ^ Geo. Jaffrey, ^ Mark Ilunking, >Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) llich" Wibird, ) Sam' Easman, Esq., p'sented a Petition to this Board directed to the Gen' Assembly, signed by himself in behalf of the town of Ivingston, that the s'' town might be granted & have a pi'opor- tionable part of the fifteen thousand pounds bills of credit lately made w*in this Province.* Joseph Clifford presented a petition to this board signed by himself in behalf of his father, John Clitford. Adjorned to 3 o'clock, p. m. Pro: N. Ilamp. Mett again according to adjornm*. Present in Couucill, As before, except Mr. Atkinson. The Clei'k was sent down to the house of Representatives w"^ two petitions p'ferred this day : the one signed x^r. Sam' Eastman^ Esq., y*^ other pr. Jos. Clifford. Adjorned to tomorrow, 10 o'clock, a. hi. • [From Journal of the House.] jMay 10, 1718. The Petition of ye Inhabitants of Kingstown having been read & considered in this House, Voted, yt ye Inhabitants of Kingstown shall have five hundred pounds out of ye I500 pounds yt is in ye hands of ye Grand Comittee for managing ye 15,000 pounds of Bank bills, provided yr be so much left, when ye charge of making, signing & emit- ting, &c., of sd Bills of credit be defrayed. 1718.] JOURNAL OP COUNCIL AND ASSEMBLY. 727 Pro : N. Hamp^ At a Gon' Assembly held at rortsm" b}' adjornm*, May 3'i, 1718. Present in Councill, His Excellency Sam^ Shute, Esq., Grov'', His Hon'" Jno. Wentwortli, Esq., Lt. Gov^ Sam' Penliallow, ? t^^^,^ Geo. Jaffrey, ? -p Mark Hunking, \ ^^^l'^' Shad. Walton, (, ^^"l^- Pich'i Wi])ird, Esq. [p. 98.] Geo. JaflVey, Esq., was sent down to the House of representatives to require their attendance at this board, in ord'^ to a conference ab' a new Grand Jury of Inquest, &c. They came accoi-dingly, and after y*' conference was over they w*''drew & returned to their own house, & in some shoi't time after sent up y« following vote of Councill concurred w"' by s'^ house, by Capt. Josh'' Peirce and Capt. Hugh Reed. In Councill. [Note. — This vote is not on record.] Adjorned to Mondaj' next, 3 o'clock, r. M. Pro : :N". Hamp--. At a Gen' Assembly held at Portsm° by adjornm'. May 5"^, 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov"", His Hon"" Jno. Wentworth, Esq., Lt. Gov^ Sam' Penliallow, ^ Geo. Jaffrey, j) Mark Hunking, > Esqs. Shad. Walton, V Esqs. Theo. Atkinson, ) Pich'' AYibird, ) Thom^ Westbrook, Esq. Capt. Hugh Reed brought up Joseph Clifford's Petition to this board, as on file, w* vote thereupon, w'^'' is as follows: [p. 99.] In the House of Represent^ Whereas a Petition directed to the Gen' Assembly, signed by Joseph Clifford in behalf of his father, John Clifford, has this day been read & considered in this house, wherein he hath requested that the said John Clifford may be enabled by an especial Act of Gen' Assembly, to dispose of such part of the estate formerly granted away unto his son Jacob Clifford (in consideration that his son Jacob should maintain him during the father's life; for x^ Ijerformance of w'''* considerations the said Jacob bound himself in a fifty pound bond to his said father, w'^'^ bond we find to be 728 PROVINCE OF NEW-HAMPSHIRE. [1718. very vicious, not according to law, & a bond tliat will not answer y'^ end it was designed for; the said Jacob Clifford is dead, y^ consideration of y'^ deed or bond not fulfilled) as may support and maintain him during his life, and defray the chai-ge that he has been at since the death or decease of liis son Jacob: w^'npon it was Voted, That the petitioner enter upon y*^ estate mentioned in the said petition, or mentioned in a Deed referred to in s'^ petition and improve the same to y best advantage, for the support of his father during his father's life, & so long after as till all charges arising for the support of the father since y'' death of the said Jacob Clifford be discharged, as also the funeral chai-ges paid; and then the heirs of y^ said Jacob Clifford to enter thereupon. Josh"^ Peirce, Cler. Assem'^'. o'l May, 1718. In Councill 6* May, 1718. Voted a concurrence. Eich'i Waldron, Cler. Con. [r. 100.] Pro : X. IIamp^ At a Gen' Assembly held at Portsm° by adjornm' May 6, 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov% His Hon"^ Jno. Wentworth, Esq., Lt. Gov"", 8am' Penhallow, ^ Shad. AValton, "^ Mark Hunking, > Esqs. Ilich'^ Wibird, > Esqs. Geo. Jaffrey, ) Thom^ Westbrook, ) Adjonied to 3 o'clock, r. jr. Pro. X. Ilamp''. Mett again according to adjornm'. Present in Councill, as before, — also Tlieo: Atkinson, Esq. The clerk was sent down to the house of Representatives to re- quire their attendance at the Councill board, at a hearing relating to a difference in the parish of Oyster River. They came accord- ingly, & the p'ties being p'seut, there was a full hearing of the whole aflair; — after w*^*^ the p'ties w"'drew ; the house of Repre- sentatives returned to their own house, & the matter left under consideration. Adjourned to to-morrow, 10 o'clock, A. M. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 729 Pro : N. IIalrlp^ At a Gen' Assemblj- hekl at Portsni° Ly adjormS May 7'^^, 1718. Present in Conncill, His Excellency Sam' Slmte, Esq., Goa''", His Hon-" Jn° Wentworth, Esq., Lt. Gov'', Sam' Pcnhallow, > Shad. AValton, ? -p„^_ Mark Hunking-, V Esqs. Eich'' AMbird, $ ^^^■^• Geo. Jatfrey, ) Two inembers of the house of Eejiresentatives brouglit an Ex- planatory vote to this board, ab' y® vote of Gen' Assembly, dated gbr gth^ 1717^ relating to y« meeting-houses at Portsmouth,* as on file. The clerk was sent down to y^ house of Represent' w"' an addi- tional vote ab' running town & parish bounds, &c. Adjorn'' to 3 o'clock, i\ M. [p. 101.] Pi"o: N. Ilamp''. Mett according to adjornm*. Present in Councill, as Before. Col. Rich'' Waldron, Esq., as Judge of y^ Court of Probate, ap- peared at this board and prayed the advice of his Excellency the Gov"" & Councill, — relatiug to his granting letters of Admiidstra- * [From Journal of the House.] An Explanation of ye vote of ye Genl. Assembly, past in 8 Octobr., 1717, relating to ye differences in ye town of Portsmo : Wliereas, there was two Petitions p'ferred to ye Genl. Assembly, one by ye party of ye Bank x>arish, ye other by ye mill-ilam Paris-h, relating to ye settlement and sup- port of ye ministry in each Parish; Amongst other particulars then resolved on, it was Voted, yt all ye Inhabitants of Portsmo, unless those therein excepted, viz. : yo Parish of Greenland & those formerly set otf to Newington, should be assessd to ye support of Mr Rogers, as formerly, by three men legally chosen at a regular Parish meeting for yt end ; — Excepting, also, all those y t were disposed to support ye minis- try in ye Old meeting house, who by said vote were oblidged to distinguish themselves — Capt. Pickerin being present as representative for ye mill-dam Parish — by giving in yr names to ye selectmen of j'e town on or before ye 20th of Novr. of abovesd year: & whereas by misrepresentation of sd vote, sundry Inhabitants have been rated by ye chosen wardens to both Parishes, to ye great wrong of sd Inhabitants .so taxed and rated. Voted, yt it is to be understood yt all ye Inhabitants belonging to ye Parishes of ye Bank & Mill-dam, were, from that day forward to be at their liberty to joyn them- selves to wch. Parish they pleased; & yt having declar'd to which ministry they would joyn, they should not be rated or tax'd by ye church-wardens of ye other Parish; — any law, usage or former custome to ye contrary notwithstanding. Read in ye house of Representatives & ordered to be sent up to ye upiier house for concurrence. Josha. Peirce, Cler. Assem'y. 730 PROVINCE OF NEW-HAMPSHIRE. [1718. tion on y" estate of Sir Charles Hobby, dec"^, unto the creditors of s^ estate. The advice of the Board is, that the matter be deferred till next week, at w"^*^ time there may be an opportunity to advise w"' Messrs. Dudley and^ Valentine, counsellors ^at law, on that head. Adjorned to Friday, 9 o'clock, a. m. Pro : N. Ham'p'. At a Gen' Assembly held at Port?m° by adjornm', May 9"S 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov"", His Hon"" Jno. Wentworth, Esq., Lt. Gov'', Sam' PenhalloAV, ) Shad. AValton, Mark Himkiug-, >Esqs. Rich'' Wibird, Geo. Jatirey, j Adjorned to 3 o'clock, p. m. Esqs. Pi'o: N. Hamp'. Mett again according- to adjornm'. Present in Councill, as Before. Rich"^ Dolloff p'fen-ed a Petition to this board, directed to y Gen' Assembly, &c., w*^*^ was read. Sam' Easman, Esq., brought two votes to this board from y* House of represent^ one ag*' gaming' in publick houses, (1) w'='^ was sent back to s'' house, pr. Col. Walton, for ameudm' ; the other was relating to the Parish of Oyster river, w'^'^ was concurred w*, & is as follows : [p. 102,] Whereas, the Parish of Oyster River, in Dover, have by a Petition p'ferred to tlie Gen' Assembly prayed that the min- istry w"^n s*^ Parish may be settled, so as may best accommodate the inhabitants of s*^ Parish, (2) [From .Journal of the House.] (1) 9tli May, 1718. Voted, That yr be an Additional Act to ye Act formerly made for Insi)cctin,8: & sui>i)re.ssing of Disorders in licend houses — »& yt yr he a Comitteo apointd to draw up ye Act accordingly, against card, dice & pen-playing & shufel- board. Josha. Peirce, Clk. Assemy. (2) [The Rev. Hugh Adams commenced preaching in Oyster River about 1716, but no church was gathered until about the time of his ordination, Starch 2C, 1718. He was graduated at Harvard College, 1097, and was dismissed from his charge, Jan. 23, 1739. He was a man of very eccentric character. He died, in 17.50, at the age of 74. See further notice of him in this vol. under the year, 1739.] — Ed. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 731 Voted, That tlie Minister for the time being- do preach at both the old and new Parish meeting-liouses alternately in s*^ Parish, excepting- the three winter months, ^\''^^ shall be left to the choice of s'l minister. Read in the honse of Eepresentatives three times, and ordered to be sent ui3 for concurrence. Josh'' Peirce, Cler. Assem'. In Councill. May 9"', 1718. Voted, concurrence. Eich-i Waldron, Cler. Con. Rich'i Dolloff's petition was sent down to the house of represen- tatives pr, the clerk. Capt. John Gillman brought up Jl'ich'^ Dolloff's petition to this board from the house of Kepresentatives, w"' a vote thereupon, w'^'* vote is as follows : Voted, That ten pounds be paid out of the publick treasury of this Province to Mr. Jacob Wiudal of Boston, on y® account of the petitioner. (1) and that Rec' be taken therefor. Read in the house of Represejitatives and ordered to be sent up for concurrence. Josh'* Peirce, Cler. Assem^. In Councill. , May 9'S 1718. Voted, a concurrence. Rich'i Wakirou, Cler. Con. [p. 103.] James Davis, John Gillman and Sam' Easman, Esqs., came to this board from the house of Representatives, and de- clared that they were present in s*^ house when the vote of Gem Assembly ab' y"* diiference at Portsm°, dated Ocf 10, 1717, was past in that house, & that Capt. Pickerin, being sent for, was p'sent in said house & heard said vote read; v^^ he said was right, and consented to before the same was past. Adjorn'^ to to-morrow, 10 o'clock, a. m. [From Journal of the House.] (1) racliil. Dolliffe having Pelition'd ye Geiil. Assembly for reliefe, being much re- duced by journeying to Canada, &c., for his captive children. Vated, &c., (as above.) 732 PROVINCE OF NEW-HAMPSHIRE. [1718. Pro : N. Ilamp"". At a Gen' Assembly held at Portsm", May 10'\ 1718. Present in Council], His Excellency Sam' Shute, Esq., Gov'', His Hon'' John WentAVorth, Esq., Lt. Gov'", Sam' Pcnliallow, 1|) Shad. Walton, J) Mark I hulking, > Esqs. llich' Wibird, > Esqs. Geo. JaflVey, j Thom'' Westbrook, ) Thomas Westbrook, Esq., was sent down to the house of Rep- resentatives to enquire whether they had any matters to lay be- fore this board. James Davis, Esq., brought up the representatives' vote ab* gam- ing, w*^'' Avas sent down for aniendm', w"^out any alteration (1). Adjorn'' to Monday, 12"' inst., 10 o'clock, A. M. Pro : 'N. IIamp\ At a Gen' Assembly held at Portsm" by adjornm', May 12, 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov', His Hon"" Juo "Wentworth, Esq., Lt. Gov', Sam' Pcnhallow, ^ Geo. Jaffrey, ^ ^Mark H nuking, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) liich'^ Wibird, ) Thom" Westbrook, Esq. [p. lOi.] Maj. Peter Wear, Esq., & Messrs. Tillton & Wait p'ferred a Petition to this board directed to his Excellency the Gov' and Council, y\"^^ being read & considered, the following A'ote was past thereupon: In Councill, 12"» May, 1718. The Petition of Peter Wear, Esq., of the New Parish of Hamp- ton, and several other of the Inhabitants of the said Parish, pray- ing they might be separate from y^old parish at their general town meeting, and that they might be empowered to call a meeting amongst themselves for chusing town officers, &c., being read & considered : [From Journal of the House.] (1) May 10th, 1718. Voted, Yt any member of this House yt shall neglect to wear liia sword, or be found w'thout it, during ye sessions of Genl. Assembly, from this day, shall pay a fine of five shils. to dark, for ye use of ye house. 1718,] JOURNAL OF COUNCIL AND ASSEMBLY. 783 It is allowed that the s*^ new Parish at Hampton have liberty to call a publick Parish meeting annually, to choose select men, and such ofRcers as may be convenient, to manage their parish aftairs, and to choose one representative to send to tlie Gen' Assembly as they shall have a lawful! p'cept for so doing; but as to their com- mon land, maintaining their minister, & paying their proportion to the Prov: taxes, they remain as they were formerly. Kichd. Waldron, Clcr. Con. Adjourned to 3 o'clock, p. m. Pro : N, Ilamp'". Mett again according to adjourn'. Present in Conncill, As Before. Capt. Hugh Read and Mr. Jn° Dam brought the tv.'o following votes to this board. Yoted, That Lt. Colonel James Davis be added to the Grand Committee for managing [p. 105.] y"^ lifteen thousand pounds raised in October, 1717, in y'= room of Lt. Col. Joseph Smith, of Hampton, Dec''. Josh. Peirce, Cler. Assem''. May 12, 1718. In Conncill. Voted, a concurrence. Eichd. Waldron, Clcr. Con. In Councill. Whereas there was a vote of Gen' Assembly in Decern'', 1715, ordering that all the town and parish bounds wi"'in this Proidnce should be seen & established, and appointing a Committee for that service, oblidging them to make return of their doings therein unto his Hon"" the Lt. Gov""; & further, y' y^ s'' Comittee be sworn before a Just. Peace, to y® faithfull discharge of their office ; and further, y' y" bounds between Portsm'^ and lIamx)ton be first run, and so round in course. May 7, 1718. Eichd. Waldron. In the House of Eepresentatives. Eead and concurred w"*. Josha. Peirce, Cler. Assem^. Also Voted, That Wm. Moor be added to the above Committee, & that the s'^ committee do meet at any time & place according to a warr' or ord'' of the Lt. Gov"" und"" his hand, upon y'= forfeiture 734 PROVINCE OF NEW-HAMPSHIRE. [1718. of 20" pi' day for every day any p'son shall neglect -or refuse to appeal', unless lawful cause be shown for his absence. Read in y*^ house of Eepresentatives and order"^ to be sent up for concurrence. Josh" Peirce, Cler. Assemy. May 12, 1718. In Council]. Voted a concurrence. Rich Esqs. Shad. Walton, > Esqs. Theo: Atkinson, ) Rich'' AVlbird, ) Tho^ Westbrook, Esq. Col. James Davis and three other members of y® House of rep- resentatives brought y*" following votes to this board. Voted, That his Excellency Col. Shute be i)'sented w"^ one hand'' & forty pounds, and that he be paid y^ same out of the treasur}'. Josh"' Peirce, Cler. Assem. 13 May, 1718. In Councill. Voted a concurrence. Rich'' Waldrou, Cler. Con. [p. 108.] Voted, That Lf Gov"" Wentworth have fiye shilling a day added to the five shillings formerly allowed, during the ses- sions of Gen' Assembly, Josh"' Peirce, Cler. Assem''. May 13, 1718. In Councill. Voted, a concurrence. Rich-i Waldron, Cler. Con. 736 PROVINCE OF NEW-HAMPSHIRE. [1718. Voted, That Col. Thorn' Packer, Col. James Davis & Capt. Ilug-h Head, be a Committee of this House, to joyu such as shall be chosen by the upper house, to see the thousand pounds burnt w*^'^ is now ordered by the Gen' Assembly. Josh"- Peirce, Clcr Assem^. May 13, 1718. In Council!. Voted, a concurrence, & further voted that ]\Iark Ilunking, Geo. Jafircy and Rich'^ Wibird, Esqs., be of a Committee for that service. Rich Esqs. Shad. Walton, > Esqs. Theo : Atkinson. ) PiclV' Wibird, ) Thorn'* Westbrook, Esq. Several members of the house of Representatives brought the following- vote to this Board: Having examined tlie treasurer's Accounts in the year 171C ct 1717, Voted, That his Excellency y^ Gov"" and Councill be desired to allow the same ; and that the several sums hereafter mentioned be also allowed and ord'' given for y^ paym'thereof, except onely Col. Vaughan's demand on account of the fort, uutill he gives a satis- factory account of the expense of powd"" ; and that the other sums •^rch ye treasurer has laid before us in his memorial be accounted for in the sessio)is of y*^ Assera^' in October next, and that the sum of nine hundred pounds Province bills be forthw*'' burnt in view of y'^ Gen' Assem^. Josh'' : Peirce ',( £283: ; 0: 1-iO: ; 0: 125 : 0: 31 : 0: 24: 10: Cler. Ass em. [p. 110.] Two years sallary to the fort, . . . . . His Excellency the Gov"^ The 5 p'cent abated to y'= several Const* on y** 2500 pounds 21 days entertainm' of his Excell^, Y*^ Councill sitting 14 days in Gen' Assem. .... Y« Lt. Gov'' ditto, 14 days at 10s per diem, 7: 0: Cash lodged at Boston for Exch'^ of our defective bills, Francis Winckly Thomas Phipps, Esq., . James Jaftrey, John Wentworth, Esq., Sam' Penhallow, Esq., . Rich'' Dolloff, Jotham Odiorne, Esq., . 47 £584: 10: 100: 0: 2: 12: 6 12: 0: 1: 11: 6 46: .18: 9 7: 15: 10: 0: 9: 13: 5 £170; 738 PUOYINXE OF NEW- Mv. Will. Fellows, Maj''Weai-, .... Capt. Josh'' "Wing-ate Benj'" Gambling-, Esq., . Mi-.'cier. Walciron, Benj. Milton, .... Col. Thomas Packer, Esq., John Partridge, for his house and attendance of y** sick for y' Docf, &c., .... AMPSHIKE. 28: 12: 6 10: 0: 26: 7 : U: 0: 140: 0: 1: 0: 89: 8: 4: [1718. £92: 7: 11 IC: 12; £2G1: 0: 10 £1107: £10; 11; 12: £1090: 19: Cler. Asseiu''. Voted, that y"^ last article of to he deducted, ])eiug disal- lowed by y*^ house 13 May, 1718. Josh'' Peiree In Councill. May 14, 1718. Voted a concurrence. Pich*^ Waldron, Cler. Conn. The following bills being prepared by y'' Committee for Super- vising- the Laws, and laid before the Gen' Assembly in ord'' to be past into Acts, and the same being read in each house, were past accordingly, viz. : An Act of priviledge to the members of Gen' Assem'y. An Act to prevent charges arising upon this Province for pris- oners committed for theft. An Act against Hawkers, pedlers & petty chapmen. An Act for pi-evention of common nuisances arising by slaugh- ter-houses. Still-houses, &c., & curriers. An Act foi" High ways & i-cpairing thereof. An Act about powder money. [p. 111.] An Act to prevent trespasses in cutting down trees upon land without fence. An Act for passing sheriffs" accounts. An Act for the better regulation of swine going at large. An Act relating to strays & lost goods. An Act relating to sureties upon mean process. An Act to ease people tliat are scrupulous in swearing. An Act for the better regulathig town & proprietary meetings. An Act for the regulating mills. An Act for suppressing and punishing rogues, vagabonds, com- mon beggars, & other lewd, idle & disorderly p'sons, & also for setting y poor to woi'k. An Act for providing pounds & to p'veiit rescues & pound- breach. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 739 An Act for y*^ ostablisliing" forms of oaths. An Act for regulating" fees. An Act for suppressing robbers & assaults. An Act for making lands & tenements lyable to y° paym' of debts. An Act for regulating the militia. An Act for repealing the Act ab' bankrupts. An Act for the payment of cure of souldiers that arc TTOundcd. An Act to prevent the concealing Estates from Assessors, An Act for restraining inhuman severities. An Act for regulating Ferries. An Act for the equal distribution of insolvent estates. An Act for the settlem' & distribution of y'= estates of Intes- tates. An Act to prevent causeless arrests. An Act relating to appeals from judgm' in barr or abatra'. An Act for the better securing the paym' of prison charges. An Act for regulating the fishery. An Act for encouraging y*^ killing wolves. An Act to enable towns, villages & i^roprietors in common and undivided lands to sue and be sued. An Act for prescribing forms of wrltts in civil cases. An Act for regulating cattle, cornfields & fences. An Act directing y'^ admission of Town Inhabitants. An Act against murther, &c. An Act to enable creditors to receive their just debts out of the effects of their absent or absconding Debtors. An Act for regulating weights i& measures. An Act relating to the office & duty of a Coroner. [p. 112.] The Clerk was sent down to the House of repre- sentatives to require their attendance at y° Councill board. They came accordingly; — to whom his Excellency made y<= following speech : Gen*". The' this session has been longer than usual, by it there has been a great many material affairs finished, which will tend very much to the good of this Province. I hope our future meet- ings will not take up so nuich of your time, which I know is not agreeable to your country affairs. I return you thanks for making good what you promised last session, as also for the present you have now made, and hope, when you have returned home, you will use your utmost endeav- ors to promote peace & good neighborhood in yo"" respective towns. Gent., I think fitt to prorogue you to y'^ first of Aug"^' next; & .accordingly the Gen' Assembly was Prorogued to the first day of Aug"', 1718. 740 PROVINCE OF NEW-HAMPSHIRE. [1718. Pro: N. Ilamp"". At a Gen' Assembly, held by proraga", Aug' 1, 1718. Present in Councill, The Hon'^''^ John Wentworth, Esq., Lt. GoV, And a Quorum of y^ Councill. Prorogued to y« 7 day of October, 1718. Pro : N. Hamp^ At a Gen' Assemy held at Portsm", by proroga- tion, October the 7 day, 1717. Present in Councill, Ills Excellency Sam' Shute, Esq., Gov"", Sam' Penhallow, ) Shad. Walton, ) -p :Mark Ilunking, V Esqs. liich'' Wibird, $ "'^'^l'^' Ceo. Jatirey, ) A precept being sent by his Excellency unto y" new Parish of Hampton, for convening together & making choice of a suitable p'son to sett in Gen' Assem^ at this session, they accordingly mett and made return of Peter Wear, Esq., who being approved of by y'' lower house, was sworn after the usual manner; Geo. Jeiirey [p. 113] & Rich'' Wibird, Esqs., being sent down by his Excel- lency, w"' Sam.' Penhallow, Esq., to administer said oaths. After that his Excellency was pleased to ord"" the lower house to come up ; who accordingly came : unto whom he made y" follow- ing Bi^cech. Gen'. — There was so much Inisiness done the last sessions \^ I do not know of much that will be necessary to be dune at this meeting. All that I have to recommend to you is what mv master the King commands me, wliich is — That the Castle being verv much decayed in its v/orks & fortifycations, should be repaired," & that the Goal be made so strong as" to p'veut escapes for y" fnture, and that a place of execution may be appointed, & a gallows erected: for Justice with her scales, without her sword, will make but a mean figure in the world. I am also to inform you that the Province of the I^Iassachusetts has, according to the "instructions given nie by y"^ King, granted their Lt. Gov'' some allowance to defray the charge whicli neces- sarily attends that station; & I qtiestio'n not but you will follow their laudable example. I hope that detachment which I sent under y^ command of Capt. Moody has at p'sent broke the vile designs of the Indians; but am sorry to hear that the greatest part of New Hamp'" men have so shamefully betrayed the trust their country reposed in them by desertion. I have ordered them to be taken up that so they may be brought to condign punishment, which I hojjc vrill pre- vent it for the future. I have used mv best endeavour to servo 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 741 this Province by getting y'= tlnty of y"" lumber to be taken ofl^ & am ])loased I can acquaint youtliat I am not without hopes of liav- ing it done in a sliort time. Gen' — I have notliing further to recommend to you but dis- patch in tlie affairs before you. Adjourned to the 8"' instant, 10 o'clock, A. m. Pro : N. IIamp^ At a Ceu' Assem. held at Portsm" by adjornm*, Oct. 8"S 1718. Present in Councill, His Excellency Sam' Shute, Esq., Gov% His Hon"" John AVeutworth, Esq., Lt. Gov"", Sam' Penhallow, J) Geo. Jaffrey, ^ Mark Hunking, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Rich'^ Wibird, ) [p. 114.] Mr, John Buss* of Oyster River i^'ferred a Peti- tion humbly desireing his Excellency, y^ Councill & Represen- tatives to order a competent maintenance for him during life ; Vv"'^ was sent down to the low"" house by Rich'' AVibird, Esq. Adjorned to 3 o'clock, p. m. Pro: K". Ilamp''. Mett again according to adjornm*. Present in Councill as before. Capt. John Gillman brought Mr. Buss's Petition to this board, w"^ a vote thereupon, w'^'' was concurred w"' in Councill. The Petition is on file,t & y^ vote as follows: The Petition of John Buss of Oyster River being read, wherein he setts forth his necessitous circumstances : Voted, That the Selectmen of Dover be advised to do their duty & take care of the s^^ John Buss, & supply him w"^ what he is in necessity of, according to y^ law of this Province; and that the Selectmen of Dover pay him twenty pounds out of the town stock to be paid quarterly from year to year. Josh'' Peirce, Cler. Assem'. Oct. 8, 1718. Eodein die. A^oted a concurrence. Richi AValdron, Cler. Con. Adjorned to y'= 9* instant, 10 o'clock, a. 3I. * As early as 1C51, a parish was foniied at Ovster River, and among other per- sons employed to preach was John Buss, a physic'an, who was niaiij' years a preacher, hut dever settled iu the ministrj-. Here he preached and practiced physic a number of years. See note p. 614. t The petition not now to he found,— Ed. 742 PROVINCE OP NEW-HAMPSHIRE. [1718. Pro : N. Hami/. At a Gen' Assembly lield at Portsm" by adjorum*, Oct. 9"', 1718. Present in Councill, His Excellency Sam' Shiite, Esq., Gov', His lion"" Jno. Wentworth, Esq. Lt. Gov"", Esqs. Sam' Penhallow, Eich-' Wibird, Lt. Col. James Davis & Capt. Jno. Gillman came to tliis board & pi'ayed that the House of representatives might have a confer- ence w"" y'= Councill: It was answered as soon as there was a Quorum they should be notifyed to give y"' attendance, according to their desire. Adjoi'ned to 3 o'clock, r, m. [p. 115.] Pro: N. ^amp^ Mett again according to adjornm*. Present in Councill as Before. Also Mark Hunking, ^ Theo. Atkinson, > Esqs. Shad. Walton, ) The House of representatives were notifyed that there was a Quorum of the Coimcill, and that now they might give their atten. dance at the Councill board, upon a confei'ence, according to their desire in the morning. They came accordingly, & the matter in conferrence was, The charges brought in ag"' the Pro: & laid before that house relating to Kemiiston & Fox, imprisoned on suspicion of murther. The conferrence being ended, j^ represen- tatives withdrew to their own house. Mr. Sam' Jordan preferred an account to this board, of his Ex- pences in being sent eastward to speak w"^ the Indians, w"^"^ account being read was sent down to the House of represen- tatives pr. Sam' Penhallow, Esq. ; w'^'' was returned w"'out any vote thereabout, and given the Lieut. Gov"", &c. Jotham Odiorne, Esq., brought up y^ following votes to y^ board. Voted, That Mr. Speaker Packer, Jolm Gillman, Esq., Jotham Odiorne, Esq., & Capt. Hugh Peed be a committee of this house to joyn such as may be chosen of the upper house, to appoint a proper place for execution of criminals, & to order a gallows to be ei-ected for that end. Josh'' Peircc, Cler. Assem'^. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 743 In Couucill. Voted A concuiTeuce: & tliat his IIou'' tlie Lt. Gov'', Col. Atkinson, Col. Walton and Capt. Wibird, Esqs, be of y'= Commit- tee for tliat service. Pticli'' Waldron, Cler. Con. Oct. 9, 1718. The Committee's retnrn ah' }'•= Gallo-ws is as follows : By virtue of the within vote, we the subscribers, think the proper place for punishing- criminal offenders to be at the late usual place near y" present goal ; & that for a gallows, it be in the old town train-field of Portsmouth, between Messrs. Wm. Cotton & Edward Cate, their houses. Tho' Packer, Theod« Atkinson, Hugh Reed, Shad. AYalton, Jotliam Odiornc, Rich"^ Wibird. [p. 116.] Capt. Eliphalct Coffin & Mr. Tristram Coffin prefer- red a petition to this board for cutting of an Intail, &c., w*^^ was read. Col. Atkinson j)'ferred a petition to this boai'd signed by him- self, Col. Walton, Capt. Odiorne & Capt. Reed, in behalf of the town of N. Castle, concerning a gore of land lying between Hamp- ton and New Castle ; w*^'' petition being read was sent down to the House of rei>reseutatives, who upon reading s"^ petition in s"^ house, voted y'= grant of said petition; Avhich, being sent to the Couucill, was there non-concurred w"^ the s'^ petition & vote on file. Mr. Hezekiah Jennins p'ferred a jietition to this board; signed by himself and others, for a confirmation of their land lying upon the line between Portsmouth and Hampton, which was read & sent down to the house of representatives pr. the clerk; & y"* hearing suspended till y'' next Spring sessions. William Duly and John Davis being apprehended for desertion, by virtue of his Excellency the GoV^ warr' & brought to the Couucill board, it was there, Ordered, That the s'^ Wm. Duly be publickly whipt fifteen stripes, to be well laid on his naked back, to morrow at 10 o'clock forenoon, & that Jn° Davis pay 20s. as a fine to the King, & each pay his costs & stand committed till sentence be complyed with. Rich'i Waldron, Cler. Con. Adjorned to y"^ 10"^ Instant, 3 o'clock r. m. 744 PROVINCE OF NEW-HAMPSHIRE. [1718. Pi'O : X. Hamiy. At a Gen' Assemy lield at Portsm° by adjonimS Oct. 10"^, 1718. Present in Council], His Excellency Sam' Shute, Esq., Gov"", His lion'' Jno. Wentworth, Esq., Lt. Gov"", Sam' Penliallow, J> Geo. JaftVv, ^ Mark Hunking, > Esqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Kicli-i AVibird, ) Maj. Gillman and Capt. Peirce brought up the house of rep- resentatives' Answer to his Excellency the Gov''* speech, as follows : May it please your Excellency : — We are of opinion that 'tis highly necessary that the Fort at N. Castle be repaired, & l:ave chose a Committee for that end; aa also, that all d^ue care be taken by the same Committee, to repair the Goal, & that a place of Execution be appointed & gallows erected. [r. 117.] _ And our regards to the Lieut. Gov"" are such that we would willingly demonstrate them by a generous present; but y^ publick charges are so great, that we have no other view but y« excise of this pro\ance till next May, provided y'^ hon''''' y^ Coun- cil may be p'A'ailed w"' to come into it. We thankfully acknowledge yo"" Excellency's early care to pre- vent any vile design of the Indians, by sending out Capt. Moody w"^ a scout to cover the frontiers. But inasmuch as yo"" Excel- lency was pleased to ord"" one-third part of s'' scouts out of this Province, we humbly pray that this may be no precident for the future ; this Province being but about y*^ twelfth part in capacity with the Massachusetts. We rejoice in yo"" Excellency's favour relating to the duty of our lumber being taken oif, & luunbly pray, that yo'' Excellency will please to continue the sanae to us! And as to "the p'sent business of this sessions, Ave shall use all possible dispatch to shorten it. Oct. 10, 1718. Tho. Packer, Speaker. Eodem die. In Councill. Voted A concurrence w"' y* seco)id paragraph of the foregoing- Answer to the Gov''* speech (viz.), That the Lt. Gov"" have the ex- cise till next May. Rich'^ Waldron, Cler. Con. Maj. Gillman and Capt. Peirce brought y^' following account & vote to this board : An account of what was allowed of the several charges arising in the Province by John Kenniston & John Fox, &c. Mr. Treasurer's account brought in & filed . . £12 : 9:9 The Und- Sherift"s ace', £43: 7s., of av'^'' is alloAA'ed . 1-1: 15: James Jefirey, for AA^-iting for the Assem', as per his acct. on file, 7 days allowed . . . . . 1: 5: Mr. Treasurer's Ace', for rei)airs of y"^ prison, &c. . 27: 11: 9 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 745 Voted, That the above accounts be paid out of the Treasury, & that liis Excellency be desired to giA'e order for the same. Josh'' Peirce, Cler. Assem. In Council). Oct. 10, 1718. Voted a concurrouco, Ilich'^ Waldron, Clcr. Con. [p. 118.] The Committee appointed to view the Fort and prison, &c., made tlieir return to this board, yv"^ being read & past, was sent down to the House of representatives for concurrence, pr. the clerk. Adjorued to the 11'^ Instant, !» o'clock, a. m. Pro : N. Ilan^/. At a Gen' Assemy held at Portsm" by adjorm*, 8'"- IV^, 1718. Present in Councill, His Excellency Sam' Shute, Esq., GovS His Hon'' Jno. A^'eutworth, Esq., Lt. Gov"", Sam' PenhalloAV, ) Geo. JaflVey, ^ Murk Ilunking-, > Esqs. Shad. Walton, V Esqs. Theo. Atkinson, ) Eich'' AVibird, ) In Councill. Ordered, That the clerk of the Councill send notifications to Dover & Exeter, to be published on the meetinghouse doors, That any person that has any objection to make ag"' cutting off the intail on y<^ land of Peter Coffin, Esq., dec'', (1) made to his grand- sons, Eliphalet & Tristram Coffin, their heirs, &c., may appear at y^ next spring sessions of Gen' Assem, & object acordingly. The Clerk was sent down to the House of representatives w"" a vote for a Committee to regulate the Excise. Col. Mark Hunking, Esq., p'ferred a petition to this board, signed by sundry Inhabitants of Portsm" & New Castle, ag*' a bridge between the Great Island & the Main land, as on tile. It is ordered the hearing be suspended till the Spring Session.^. Ma]. Peter "Wear, Esq., brought up y' two following votes to tliis board : (1) See Biog. Notice of Peter Coffin, Esq., in Coll. N. H. Hist., vol. viii., pp. 377-3R0. He was the eldest son of Tristram Coffin, of Salisbury anil Haverliill, and last of Kan- tuckct. Peter was born in Devonshire, Eng., 1630, first settled in Dover, afterward in ' Exeter; for many years was one of the Councill; at different times held off.ce, as .Jus- tice of tlie Peace, Justice of the Superiour Court, and in 1697 was Chief Justice. He was a man of integrity, sound judgment, of wealth, and of great influence iu the Province. He died iu Exeter, ISIarch 21st, 1715, aged 85, 746 PROVINCE OF NEW-HAMPSHIRE. [1718. In Coiuicill. Voted, That Col. Sliad. Walton, & Rlch^ AYibird, Esq., be of a Committee from this board, to joyn w''^ two that may be chosen in the house of representatives, to see to \^ regulation of 7"= Excise. gbr iith^ 1718. Eicii'i Waldron, Cler. Con. Read in y*" house of Ecpresentatives & concurred. Josli'' Peirce, Clcr. Assem. Voted, That Hugh Reed & Lt. Eph°' Deuuet be a Committee from this House to joyn y^ Committee of the upper house for the ends aboA^esaid. S^' 11, 1718. Josh'^ Peirce, Cler. Assem. [p. 119.] Voted, Thatau Actbe past, that whoever shall raise sheep more or less for seven years next ensuing w'Mn tliis Province, sliall be exempted paying any rate or tax for them, & that a bill be preiiared accordingly. Josh" Peirce, Cler. Assem. Oct. 11, 1718. In Councill. Voted, a concurrence. Eich'i Waldron, Cler. Con. In Councill. Ordered, That the Treasurer be paid out of the treasury, six- teen pounds ten shillings, for his disbursements upon the peoi^lc lately brought into this Province distempered w"" y"" small pox, & that the treasurer lay his account before the selectmen of Portsiti", who are hereby directed to prosecute the said p'sons for nine pounds, 10s., it being due to the Docf, & again paid into y« treasury. Rich'i Waldron, Cler. Con. Two members of the House of representatives brought y'' fol- lowing vote to tills board : In Councill. Voted, tliat the Gallows be erected in the place mentioned by the Conmiittee appointed for determining \^ same, as pr. their re- turn, J). 115. Rich'i Waldron, Cler. Con. 8^'' 11, 1718. Read and concurred in the house of Represent Josh'' Peirce, Cler. Assem. Jotham Odiorne, Esq., brought y" following return ab* tlie Goal & prison from y" house of represent' to this board, as also the votes thereupon. 10 OctS 1718. By virtue of the w^ithiu vote we have viewed his Maj tie's Fort 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 747 at N. Castle, & fintl it nnicli out of repair; and that the Goal at Portsmouth is very insufficient for Ivceping his Majestie's i)rison- ers: Tlie reparations whereof we humbly leave to yo"" directions. Thom^ Packer, Theo. Atkinson, Ilugli Peed, Shad. WaUon, Jotham Odiorne, Pich^ AVibird. [i'. 120.] In Councill. Pursuant to the return of the Committee appointed to view y*^ Fort and prison. Voted, That the said Fort and prison be forthw* repaired. & tliat the s'^ Committee see to the efiecting' thereof. Oct. 11, 1718. Pich'i Waldron, Cler. Con. Read in the House of represent & voted in concurrence ; & that the Fort be rei)aired as early as may be in tlie spring. Josh'' Pierce, Cler. Assem. Oct. 11, 1718. James Davis, Esq., and one member more of tlie House of rep- resentatives, brought a vote from y'' lower house to this board, for p'sentiug his Excellency w'^ ninety j)0unds, &c., w'-'^ was sent down for amendment, pr. Sam' Penhallow, Esq. Adjourned to 3 o'clock, f. m. Pro: N. Hamp^ Mett accoi'ding to adjournment. Present in Councill As Before. Capt. Jon" "\Yadlcigh & his wife p'sented a petition to this board for the rehcai-ing an action between them & Geo. Jaffrey, Esq., &c., as on file. Adjourned to Monday, y'^ 13 Inst., 10 o'clock, a. m. Pro : N. IIamp^ At a Gen' Assems" lield at Portsm" by adjourm' Oct. 13, 1718. Present in Councill, His Excellency Samuel Shute, Esq., Gov"", His Hon'' John Wentworth, Esq., Lt. Gov'', Sam' Penhallow, ^ Geo. Jaffrev, ^ Mark Ilunking, VEsqs. Shad. Walton, > Esqs. Theo. Atkinson, ) Kich'' Wibird, ) [p. 121.] Sam' Penhallow, Mark Ilunking, Geo. Jaffrey & Rich'' Wibird, Esqs., entered their descnts ag'» repairing the 748 PROVINCE OF NEW-HAMPSHIRE. [1718. prison, according to the vote of Gen' Asscm^ past 8'"' 11, 1718, ]). 120. Ricli'^ Waldron, Cler. Con. John Bridger, Esq., liis Mujestie's surveyor general of the woods, presented a copy of a paragi-aph out of liis Instructions, to this board, rekiting to the running town bounds, &c.; w*^'' being read, the Councill Voted, Tliat the same should be complyed with; but that any further proceeding thereon should be suspended till next Gen' Sessions, & then 'twas sent down to the house of representatives. Jotham Odiorne, Esq., and Capt. Hugh Reed, brought up y^ vote to this board for i)'sentiiig his Excellency the Gov"" w"' ninety pounds (w'^'Mvas sent down for amendni') without any alteration. Also, a vote for allowing the Town Committees two pr cent, for letting out tlieir proportions of y" fifteen thousand pounds, &c., w'^'' last vote was immediately sent back w"^out any vote there- upon. The Councill concurred w"" the representatives vote for j)'sent- ing y** Gov'' ninety pounds, w'^'' is as follows: Voted, That his Excellency be i? resented av''' ninety pounds out of the Treasury. Josh"^ Peirce, Cler. Assemy. Oct. 11, 1718. In Councill. Voted, a conciirrence. Rich-i Waldron, Cler. Con. 8br 13, 1718. Several bills being proposed to pass into Acts, his Excellency was pleased to order the suspending thereof till y"^ next Gen' Ses- sions, excejit that ab' Deserters, wliich was past accordingly. Mr. Clem. Hughes jj'ferred a petition to this Board signed by himself & Capt. Spencer, for an abatem' of powd"" money, for that the s'^ Si)enccr's sliip had paid y<^ full of her s"^ powd'' money at Boston: Whereupon it^Avas In Councill. Ordered, That the s'^ Ca])t. Spencer ])ay no more than one half the powd'' money due from his sliip, for this present voyage, & that the receiver of s'' money or powd'' abate y'' same accordingly. Piich'' Waldron, Cler. Con. The House of Representatives being sent for & come to this board, liis Excellency Avas pleased to proronge them to y"^ 30"^ X*"^"", 1818, and accordingly y« Gen' Assemb. AA'as Pi-orogued to the 80"' Decem', 1718. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 749 [p. 122.] rro: N. Ilaini/. At a Gen' Assemy held at Portsm" by prorogation, Decern'' ."0"', 1718. Present in Councill (1), The IIon'''« John Wentworth, Esq., Lt. GoV, Sam^ Penhallow, ? ^^ Geo. JaftVey, ? j^ Mark Iliinldng, S '^* Kii^^li'^ AVibird, I ^■-^■-• Adjourned to 3 o'clock p. ii. Pro : N. IIamp^ Mett again according to adjournment. Present, as before, also. Shad. Walton, Esq. The clerk was sent down to the House of representatives to call them to this board : they came accordingly, where his Hon"" the Lieut. Gov"" ordered to be read to them a letter from Mr. Secre- tary AVillard, &c. The Committee appointed for setting town and pai'isli bounds, &c., having made their return & given in a journal of tlie jiro- ceedings of his Hon'' the L* Gov', the same was by him laid before the Councill, w'^'^ was read, accepted & voted to be confirmed, & sent down pr. Rich"! AVibird, Esq., for concurrence. James Scolly p'ferred an account to tliis board Am''' to £16:16:7, for guarding Kenniston & Fox to Piscatacpia, &c. ; w*^'' being read & considered, the Councill voted twelve pounds to be p"^ s'^ Scolly in full, &c. ; w'^^' vote was sent down to the Low"" House for con- currence pr. the Clerk. Adjourned to the 3P' Instant, 10 o'clock a. 3I. (1) 171S, Dec. 30. The House mett according to Prorogation. Present, Mr. Speaker Packer. Odiorne, Gillman, Gillman, Pierce, Denet, Dam, Keed, Wigin, Ware. Jourii. of Uouee. 750 PROVINCE OF NEW-HAMPSHIRE. [1718. Pro: N. Ilainp''. At a Gen^ Assem^ held at Portsm° by adjournment December 31*', 1718. Present in Councill, The Hon^i^ John Wentworth, Esq., Lt. Gov'', Sam' Penhallow, ? -p„„- Geo. Jaffrr, ? -p, Mark Huuking, I ^^^^' Shad. ^V^alton, I "^^l^* Rich^ Wibird, Esq. [p. 123.] Mark Ilunking, Esq., p'ferred a petition to this board signed by himself, for himself and in behalf of the others of the Committee appointed for running y** lines & setting y"^ town bounds, &c., (viz.) to have 3s added to y^ 7s formerly allowed, as in s"^ i^etition on file ; \v^^ being read was voted to be allowed & sent down for concurrence; the same being read in the low"" house, was there concui-red w* & sent to this board, & is as follows: In Councill. Yoted, That three shillings be added to the seven formerly al- lowed, to make the stipend or wages of each Committee man for settling town bounds, &c., ten shillings pr. diem. Eich'^ "Waldron, Cler Con. Dec. 31, 1718. Read twice in the House of represent^ & concurred w"'. Josh'' Peirce, Cler. Assem. Dec. 31, 1718. Kaj. Gillman and Capt. Peirce came up from the lower house an;] desired a conference w"' this board ab' the committee's return for running of the town and parish bounds, which being granted, tlioy accordingly came up, &c. Jotham Odiorne, Esq., bi-ought James Scolley's account to this board, w* the vote of the Councill for allowing s*^ Scolley £12 : in full, not concurred w*, as on file. Also the Committee & repre- sent for letting out the £15,000 raised in October, 1717, for defray- ing the necessary charge in letting out the same ; w'^'^ is sus- pended for further consideration. Capt. Phipps p'ferred a i^etition to this board in relation to y*^ sum of £328 damages obtained ag^' him by Nicholas Mead's escape out of Goal ; w"^*" being read was sent down to the house of rep- resent^ Adjom-ned to 3 o'clock p. m. 1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 751 Pro : N. IIanlp^ Mett according to iuljorum'. rresent iu Councill, as Before. Sam' Chapmau p'ferrecl a petition to this board signed l)y ab' forty four of the Inhabitants of the nortli part of Hampton, in relation to a ne"W meeting house, &c., us on tile. Ordered, That the votes past at y* old meeting house for the building of a new one be complyed w"' ; & that every p'son do pay accordingly; and if in case the petitioners & old parish do not accommodate the matter in controversy by refunding y'' sum assessed when they shall build a new meeting house, [p. 121.] that the Gov'" and Councill at their next session will determine that part of their petition, in paying to a new one. The Committee's return ab' running y'^ town & parish bounds, was sent to this board by a numb"^ of the house of represent^ to be considered at y^ next setting of Gen^ Assembly. Capt. Sam^ Moody made application to this board for some sat- isfaction to be granted him for his services at y'^ eastward last winter; whereupon it was In Councill Ordered, That the treasurer do forthw"' pay himy^?um of three pounds for s'^ service. Capt. Sam' Moody p'sented a muster-roll of N. Ilamp'' men that vrere und"" him in y° county of York this p'seut year, 1718, unto this board, amounting to £36: 1: 10, w'-'' being read, it was in Councill Ordered, that the nine deserters who never returned to their duty should be debarred of their wages, amounting to £11: 10: 4. & that the i-emaiuing sum of £24 :11s. should be paid in course out of the treasury, to such as did their duty (1). The House of representatives being sent for to this board, & (1) [Fi'om Journal of tlic House.] 31st Dec. Voted, Yt ye 200 pound publielc monej' formerlj- let to Ricd. Gerrisli, Esq., deceasd., be demlnded of liis son Riclul. Gerrisli, & if he neglect or refuse to pay ye same, yt ye Bond be put in suitt; &' yt Mr. Speaker Packer & Joslia. Peirce be impowered to see ye same prosecuted to eftect. Josha. Peirce, Cler. Assem. Voted, Yt whosoever shal from henceforward discover any person or persons yt shai be guilty of counterfeiting any of ye Plates or Publick Bils of Cred't of the Province of New Hampr. & convict him or them of ye same, shall [receive] as a gratuity, fifty- pounds out of ye treasury of this Province; & yt ye treasurer be desired to take cara ye same be inserted iu ye Publick Kews letter. And that if his Excellency think meet to make any alteration of ye above vote to bring it more in conformity to ye tenor of ye Massachusetts proclamation, not altering ye bouuty, he be desired to do the same. 752 PROVINCE OF NEW-HAMPSHIRE. [1719. come accordingly, his Hon'' the Lt. Gov'' was pleased to prorogue the Gen' Assembly to y'= 25 March next; & accordingly the Gen* Assemy stands Prorogued to y*^ 25 March, 1719. I An Original Letter of Governor Shute to 3Ir. PenhaUoiv. [Coiiied from Belknap's Hist, of N. H., A'ol. 3, p. 349. Edition 1792.] Boston, Feb. 2, 1718-19. Sir: — Dr. COOKE having again over his cups treated me very scandalously, I have complained to the council, who I don't ques- tion will do me justice. It will be of service to me to liave a certiticate to sliow hoio drunk he was that night that he and Colonel Golf broke into our company at young Gei-rish's, for I remember that you and Mr. Bridger told me that he stay'd so long after we were gone, as to get so drunk that hecoic'd neither go nor stand; if this be strongly certified, I believe it will give him a good lift. Pray my serAdce to the Lieut. Governor, the council and your family. I am, sir, your humble servant, Samuel Shute. Pro : N. II amp'. At a Gen' Assem' held at Portsm° by prorogation, 25 March, 1719. Present in Councill, The Hon''''' John Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ? -p Geo. Jaffry, } -p Mark Hunking, ^ ^^^^' Shad. Walton, I ^^^^^ Tho» Westbrook, Esq. The Clerk was sent down to the house of represent^ to call them to this board; they came accordingh^, and his Hon"" the Lt. Gov' was pleased to prorogue the Gen' Assem' to the 23*^ April next ; & accordingly y® Gen' Assem. stands Prorogued the 23'^ day April, 1719. 1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 753 [p. 125.] Tro: N. Ilami)"". At a Geu' Assembly liold at Ports- mouth by prorogation, April 23"^, 1719. Present in Councill, His Excellency Sam' Sluite, Esq., Gov% His Hon'' John AYent^\-orth, Esq., Lt. Gov"", Sam' Pcnhallow, ? -p,^^^ Georo-e Jaffrv, ? -n. Mark Huuking,' \ ^^^^' Shad: Waltoii, I ^^'^^^ Rich'' Wibird, Esq. The Clerk was sent do^yn to the House of representatives to command their attendance at the Councill board (1). They came accordingly; & then his Excelleiicy made the following speech: Gent. — I promised you some time since, that I would use ray best endeavors at home to get the Dnty taken off from your lum- ber, & can now with great pleasure assure you, that our gracious Lord & master King George has given his consent to it. To make this royal favour the most serviceable to us, it will be highly necessary to ascertain the nnn\ber of mills, which will make your lumber very valuable, & will very much preserve the timber & will also be very acceptable to the crown and show our gratitude to tlie King for his signal favour towards tills Province. There are daily complaints made by the people that live near the lines of the Injustice tliey sufl'er by their remaining so long unset- tled. I wish that y^ Commission''^ on both sides would quickly meet and And out some method to tei'minate this unhappy dili'er- ence, which would very much tend to cultivate a good harmony & friendshi]) betwixt the two provinces. 1 have nothing more at this time to offer, but again to remind you of repairing the Castle, to give all necessary encouragomenf to the raising of Hemp, & also to these new Iron Works, whicli w* the Duty taken of your lumber, will, with wise management, quickly render tliis a happy & flourishing Province. Maj. Wear & Maj. Gillman came to this board from tlie house of representatives & prayed his Excellency's favour to grant that house a copy of his Speech; which was granted & sent down pr, the Clerk Accordingly. Adjourned till to-morrow, 10 o'clock, A. m. (l)[From Journal of the House.] 1719, 23J April. The House met according to ailjornmt. or prorogation. Present, Mr. Speaker, Odiorn, Oilman, Pierce Keed, Gilman, Dennett, Tebett, Dam, Ware, Wiggins. 43 754 PROVINCE OF NEW-HAMPSHIRE. [1719. [r. 12G.] Pro : X. Kami/. At a Geu' Assembly held at Ports- moutli-by adjoniin*, April 2-1, 1719. Present in Councill, Ills Excellency Suni^ Sliute, Esq., Gov'', His Hon'' John Wentworth, Esq., Lt. Gov^ Sam> Penhallow, ? -p Geo. JaftVy, ? y Markllunking, ^ ^^a^- Shad. IVallon, $ ^■-^^•' Piielr^ Wibird, Esq. Adjorned till 3 o'clock, r. m. Pro. X. Ilami)''. Mctt again according- to adjornment. Present in Councill as Before. Maj. Wear and Capt. Gillinan brought up y^ house of Represeu- tives' Answer to the Gov""^ Speech, w'^^'^ Answer is as follows: In Answer to Your Excellency's Speech — "We return your Excellency many humble and hearty tlianks for 3'our great favour obtained of Ids Majesty in taking of the duty of lumber. As to ascertaining the number of mills, we leave it to further consideration. As to the settling the line between the two provinces, we are ready to cliuse a Connnittee to joyn w"' a Connnittee of the upper house, to meet w"> a Committee of the Massachusetts, when they please for that end. As to the repairing of the Castle, there is a Committee already chosen to see that it be done, & are dayly providing for the same. As. to the encouragm' of raising hemp, we are ready to give all encouragm' w''' may be thought reasonable. As to the Iron AVorks, we are humbly of opinion that y*^ profits thereof may support y*^ undertakers of y*" design. Thos. Packer, speaker. Capt. Gillman and Mr. Eph"^ Dennett brought up y" following- vote to this board: [p. 127.] Voted, That Col. James Davis & Jotham Odiorne, Esc^s., & Josh'"^ Peirce, be a committee from this bouse to joyn such as maybe chosen of the ui^jjer house, to audit the publick accounts of this Province. Josh"^ Peirce, Cler. Assem. In Councill. Voted a concurrence of the above A'ote, & that his Hon'' the Lt. Gov'', Mark Ilunking & Geo. Jaflry, Esqs., bt; of the Commit- tee from this, board for the service above. April 2i"', 1719. Eich" Waldron, Cler. Con. 1719.] JOURNAL OF COUxXCIL AND ASSEMBLY. 755 Geo. Jaffry and Rich''ges, was commis- sioned by tlie Board of Adiuiralty in England, along with Benjamin Furzer, to inquire into the capacity of the American Colonies for jirocuring Naval Stores, and to survey all the woods for masts, oalc timber, pitch jiine, and for land suitable for hemp. He accompanied Lord Bellomont to the Barbadoes, where, fivlling sick " of a debauch," Furzer died, and Mr. Bridgcr was left behind. He, however, followed the Earl of Bellomont, 1G98, to New York, and was sent by his Lordship to Boston to execute his commission, and to instruct the people in the manufacture of naval stoi-es. He came to New York to instruct the Palatines, but returned almost immediately to New Eng- land, where he became odious, especially to the people of Maine, by his attempts to prevent their cutting down pine trees on their own ground. He was accused with having accepted money from persons for leave to cut masts, which was refused to others who were not disposed to purchase the permit. The House of Itepresentatives of Massachusetts complained of him to Governor Shute, by whom he was, however, protected. In 1729 he was succeeded in his office by Colonel Dunbar, afterwards Lt. Governor of New Hampshire. [Hutch. Hist. Mass., II; WUliamso)i's Hist, of Maine, II; Col. Hist. iV. 1'., r.]— Ed. (1) [From Journal of the House] Voted, That ye Town of New Castle have ye liberty of building a Bridge from Great Island to Sanders' Point, on ye maine land : Provided it be done at ye proper cost of New Castle, or s-jch as shall Ireely subscribe thereto ; they leaving passage for shallops &c., by a Draw-bridge. 30 April, 1719. Josha. Peirce, CI. Assem. 760 PROVINCE OP NEW-HAMPSHIRE. [1719. To prevent any difierence that may arise between Hampton and Exeter by reason of the last settlement of the lines in this Prov- ince, which divides and cntts many men's land asnnder: Voted, That the line shall run straight between Hampton and Exeter, from the Maple Tree at the south-west corner of Strathara bounds to the south trees where there is a heap of stones jiiled up, & from thence upon a west & by north line as it is now set- tled, to the towai's bounds ; and whatsoever lands are first granted and laid out or divided into lotts, & i-eturn made of the same upon the tovrn records from whence it was granted, for the space of fourteen years past, shall not be dispossest of their lands, but shall be accounted a good title to them and their heirs forever, always paying their taxes and dutyes in the town where such lands shall lye. As also the line between Exeter and Dover to stand as it was run by the Committee; and whosoever shall w*''in two months after the date hereof, bring a fair and legal grant of land & fairly laid out & return made on record on either side of said line, & a true copy brought to the clerk or selectmen of either town where they are laid out and bounded Av*in y"^time above mentioned, that the eldest grants shall be good to them that have them, they pay- ing their dutyes to the Town wherein they fall, always excepting high-ways, through any lotts granted as abovesaid, & land sufficient to mills or works sett up on Lamprile river, as y« selectmen of either Town, wherein such ways or accommoditions belong, shall judge needfull. Josh'' Peirce, Cler. Assem. 1 May, 1719. May '2<^, 1719. In Councill. Voted a concurrence. Kich^ Waldron, Cler. Con. [p. 133.] Voted, That Capt. Eeed & Lt. Dennet be a Commit- tee to joyn such as may be chosen by the upper house, to form the Excise for this i)*sent year. Josh'' Peirce, Cler. Assem. In Councill. May 2J, 1719. Concurred: & Shad. ^Valton & Rich"! Wibird, Esqs., to be of the committee above. Rich'' Waldron, Cler. Con. » 2d May, 1719. Voted, Yt Mnj. Jno. Gillman's Loghouse by ye bridge, be a publick licensed house for Entertainment, paying as other publick houses lii ye Province do. — Jour, or' Houde. 15: 9 10: 0: 11: 3 0: 0: 1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 761 Voted, Tliat the Lt. Gov"" be presented with the Excise of this Province, for the year eusiiing. Josli=" Peircc, Cler. Assam. May 2'', 1719. In Couucill. Voted a concurrence. Kicli'i Waldron, CIct. Con. Voted, Tliat the several accounts liereafter inserted, be paid out of the treasury, and that ord""" may be given for y"^ same: viz., To tlie Lieut. Gov"" as pr. account . . . . £7 : Kob' Coates, ditto 1 : Sam^ Jordan, ditto 4 : The Treasurer's Gen' account . , . 2030 : Mr. Clerk ^Valdron, ditto CO: Mr. Speaker Packer, ditto 11; Mr. Slier. Gambling, ditto G : May 2'>, 1719. Josh" Peirce, Cler. Assem. Eodem die. In Couucill. Voted a concurrence. Pich'' Waldron, Cler. Con. Voted, That the mony allowed in the Treasurer's accounts paid for the repairs of the Prison (viz.), one hundred & forty pounds, be paid to the p'sent conunittee for carrying on the repairing or building s*^ prison. 2*1 May, 1719. Josh'' Peirce, Cler. Assem. Eodem die. Voted a concurrence. Eich*^ Waldron, Cler. Con. Whereas there was a motion made by the upper house (hat Maj. Vaughan was rend*ered uncapable of managing y*-" pub'ick records of this Province, — he being superannuated: [p. 134:.] Voted, That the Eecoi'ds be removed from Maj'' Vaughan's unto some meet lierson that shall be appointed. 1 May, 1719. Josh" Peirce, Cler. Assem. Voted, That Sam' Penhallow, Esq., be the Record«'r of this Province, & that the records be removed into his hands, during pleasure. 1 May, 1719. Josh" Peirce, Cler. Assem. May 2'!, 1719. In Couucill. Voted a concurrence to both the foregoing votes. Rich'' Waldron, Cler. Con. Voted, That ninety pounds broken bills in the Treasury be 762 PROVINCE OP NEW-HAMPSHIRE. [1719. burnt to ashes, & that Mr. Speaker Packer & tlic clerk of this House be of the Committee to see said mony burnt. 2 May, 1719. Josh'' Peirce, Cler. Assem. Eodem die. In Councill. Voted a concurrence. Pdcli-i Waldron, Cler. Con. The clerk was sent down to tlie house of represent^ to require their attendance at y'= Conn: board. They came accordingly, and the several bills hereafter mentioned having had their readings in both houses, were signed & sealed, & past into Acts in p'sence of the Gen' Assem. viz : An act for preventing Masters of ships conveying debtors out of this Province. For prevention of frauds & perjuries. To encourage j'"' sowing & cureing Hemp, & to preserve pitch- pine trees, &c. For preservation of high-vv^ays, &c. Relating to constables collecting rates, &c. To encourage the raising slieep, &c. Ag"*' taking more than established fees. For encouraging Iron works. For the settlement & support of Grammar Schools, Providing that in suits where goods or other estates is attached, the defend^ be summoned. To prevent and make void clandestine & illegal purchases of lands from y"^ Indians, For regulating townships, choice of town-officers, &c. For regulating the Assize of Cask, &c. In addition to the Act for regulating y'= militia. [p. 135.] The foregoing bills being past into Acts, his Excel- cellency was pleased to prorogue the Gen' Asisem., and they were accordingly Prorogued till the 2P' day of July, 1719. Pro : N. Ilamp"". At a Gen' Assembly held by prorogation, July 21"', 1719. Present in Councill, His Hon' John Wentworth, Esq., Lt. Gov^ Prorogued to the 18"^ day of Atig., 1719. 1719.] JOURNAL OF COUXCIL AND ASSEMBLY. 763 Pro : N. Ilami/. At a (;< ii' Assem. held at Portsm" by pi'orogation, Aug. 18, 1719. Pi'esent in Councill, His Hon'' John Wentworth, Esq., Lt. Gov''. Prorog-ucd to the 22'i day of Sept., 1719. Pro. N. ^amp^ At a Geu' Apsem. held at Portsm" by i)r()roEsqs. Rich'' Wil)ird, >Esqs. Geo. Jatfrey, ) Thorn" AVestbrook, ) Geo. JafTrey, Esq., & the clerk of the Council were sent down to the llepresentatives to inquire whether they were a House, (1) &; if not, to desire the Speaker forthw"^ to dispatch away sum- mons to call together those members that did not attend, that tho Gen' Assem: might enter upon the busyness before them. Adjorned till tomorrow, 10 o'clock, a. m. (1) [From Journal of the House.] 1717: 22d Sept. Ye House matt according to prorogation. Present — Jlr. Speaker Packer, Peirce, Dennett, Read, Capt. Gilluian. 764 PROVINCE OP NEW-HAMPSHIRE. [1719. Pro. N. llami/. At a Gen' Asscm. held at Portsni'^ by adjorninS Sept. 24'^ 1719. Present in Cuuucill, His Excellency Samuel Sliute, Esq., Gov'', Sam' Penhallow, ) Shad. AYaltou, ) Mark Ilunking, >Esqs. Rich^' Wibird. > Esqs. Geo. JaliVey, ) Tliom^ AVestbrook, ) The following bills had a first reading at this board (viz.) : 1**'. An Act for destroying unruly & ravinous dogs. For hearing & determining cases in equity. In addition to the Act for better observation and keeping the Lord's day. Ag^' counterfeiting y^ bills of creditt of the Prov : For the better p'venting a spurious & mixt issue. For upholding & regulating of Mills. 7. In addition to & explanation of the Act for the settling & distribution of y'^ Estates of Intestates. A message by the Clerk of the Councill to the Speak' & house to require their attendance at the board: they came accordingly, and his Excellency was pleased to make the following speech : Gent" — Since our last meeting, I have received direct orders from his Majesty, forbidding any laws to be past for the future [p. 137.] that may etlect the trade or navigation of the ships from England. Avhich will p'vent the receiving of the powder-money for the future from such vessells. This order is to be recorded in the Councill-books, and also in the House of representatives, accord- ing to tlie histructions I have received, that so they may be strictly complied with. All that I have further to observe to you is, The College at Cambridge is entirely erected at the charge of the Massa% and that since it hath been very instrdmental towards the encouragement of religion and learning, & that y*^ youth of this Province receive great advantage in their education from it, that it will tend greatly to the reputation of this Province to show their grateful acknowl- edgement of the benefits their children receive there, by making some handsome present for the augmentation of y*-' Library. Gen^ — "Tis yo'' season of Harvest, — shall therefore be glad to permitt you to go home as soon as possible. Adjorned till 3 o'clock, p. M. Pro : N. Hami)'. Mett again according to adjornm'. Present in Coun., as Before. Messrs. James Gregg and Hob' Wear preferred a petition to this board, directed to the Gen' Assem., praying that sundry p'sons at 1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 765 Nutfield. lately arrived from Ireland, might be incorporated into a Township. The petition -^^as read, as on file, & the considera- tion thereof was suspended till his Excellency's next coming into this Province. A message to the board by Col. James Da\is & Capt. Hugh Reed, requesting his Excellency the GoV (in the name of the Speaker and the House) to t\iA-our them with a copy of his Speech ; which he was pleased to grant, & the same was immediately sent down by the clerk. Samuel Penhallow and Rich'^ Wibird, Esqs., were sent down to the house, w"' the seven bills w'^'' had their first reading at the board in the morning. Adjourned till to-morrow, 10 o'clock, a. m. [p. 138.] rro:N. IIamp^ At a Gen' Assem. held at Portsm^ by adjornm', Sept. 25, 1719. Present in Councill, His Excellency Sam' Shute, Esq., Gov'', His Hon"- John Wentworth, Esq., Lt. GoV, Mark Hunking, ? -p^^^ Shad. Walton, ? y Geo.JatiVy, "' ^ E.^^- RichMVibird, l^''^'' Thorn'* Wentworth, Esq. Adjorned till 3 o'clock, r. m. Pro: N. Hamp^ INIett again according to adjornm'. Present in Couu., as Before; Also, Sam' Penhallow, Esq. An Act in addition to the Act for the due regulation of weights and measures, read a first time at the board. A message to the board by Col. James Davis & Capt. Hugh Reed, w"' the House of Represent^ Answer to his Excellency the Governor's Speech, as follows: 3fay it x>Jease yovr Excellency, — As your Excellency is pleased in your speech, to advise the House" of representatives of his Majestie's Order forbidding any future Act tliat may atfect the trade or navigation of the ships from England, We are ready and willing to shew our loyalty and due obedi- ence to all his Maj'"^* directions, & pray that we may be served w* said Order, that we may record it in our book. We observe your Excellency's reasonable regard for the college 766 PROVINCE OF NEW-HAMPSHIRE. [1719. &: its dependencies, and thank your good advice ; but the Debts of the Province at present are so heavy, that we cannot doe as we would if und'' different circumstances. AVe sliould be very thankfull to your Excellency if you will please to consider, that 'tis Harvest time w"' us, & promise yC Excellency to do what is proper for us to shorten the present ses- sions. [p. 139.] A message to the House by George Jaffry & Eich'^ "\Yibird, with a draught of the sea-coast, & river of Piscataqua, by Capt. Cyprian Southack, and a memorial relating thereto; also, a bill entitled an Act in addition to the Act for the due regulation of weights & measures, w"^*^ had its iirst reading at the board yes- terday. A message to the House by Mark Hunking and Rich'^ "Wibird, Esqs., w* a vote of the board for appointing an Agent to manage the affairs of this Governm' in England. The petition of Samuel Hinkes, w"^'^ was suspended from May last to this present sessions, being read, it was Ordered, That the consideration thereof be further put off till to-morrow, 10 o'clock, forenoon, & that the Heirs of Edw^ Polly be notifyed thereof, that they may attend & object if they see lit. A message to the board by Jotham Odiorne & Andr'^' Wiggin, Esq., with a vote to repeal the Act relating to Iron Oar. Adjorned till to-morrow, 10 o'clock, a. m. Pro : X. ^amp^ At a Gen' Assem. held at Portsm" by adjornm', Sept. 2G"^, 1719. Present in Councill, His Excellency Samuel Shute, Esq., GovS His Hon'' John Wentworth, Esq., Lt. Gov"", Sam' Pcnhallow, ^ Shad. AValton, ^ Mark Hunking, > Esqs. Eich^' Wibii-d, > Esqs. Geo. Jaffry, ) Thom^ AYestbrook, }) Mr. Sam' Hinkes appeared at y'' board to prosecute his petition w"^** was read yesterday, & the heirs of EdAV'' Polly also appeared, to Answer. It was then resolved at the board that the hearing &; consideration thereof should be suspended, till the Gov" next coming into this Province. A message to the board by Col. James Davis & Mr. Eph'' Den- net w"' the Draught of the sea-coast & river of Piscat", by Capt. Southack, & his memorial relating thereto, w"^'' was laid before the 1719.] JOURNAL OP COUNCIL AND ASSEMBLY. 767 House j-csterilay; tlie Draught was withdraTrn by the Lt. Gov^ The memorial is ou file. [p. 140.] A messag-e from tlie House by Col. James Davis and 3Ir. Rich'^ Dennet entered w"^ a bill for destroying unruly and ravenous dogs (not acted upon at the board), by the same message to the board as vote as follows : In Councill. The Committee appointed for settling the towu bounds within this Province, &c., made their return & gave in a copy of their journal to his Honour y<= Lt. Gov'', which return and journal, both dated Dec' 24"^, 1718, were this day by him laid before the board, w"^*^ were accepted. Voted, That the return be & hereby is contirmed, & y' the bounds therein mentioned shall be the established lines & bounda- ries for all the Towns therein mentioned, & that it be sent down for concurrence. Decem'- 30'", 1718. Rich>i AValdron, Cler. Con. Read in the house of Rei^resentativcs three times & voted a con- currence (1). 2G"^ Sept., 1719. Josh'' Peirce, Cler. Assem. A message from the House by Jotham Odiorue & Andr^ Wig- gin, Esq., praying that their vote for repealing the Act about Iron Oar, w'^'^ was sent to the board yesterday, might be returned to the House to be amended ; and the same was sent to the House by the Clerk of the Couu', accordingly. A message to this board by James Davis, Esq., & Mr. Eph"^ Den- net, w"M'*' vote about Iron Oar amended; the amendment was (Voted) scratched out & (we pray) added instead thereof, as ou file. The two following votes came to hand by the same message : Voted, That the Grand Committee for letting out the fifteen thousand pounds raised in October, 1717, be desired to lay the ac- (1) [From Journal of the House.] Mr. .Jotliaia O.liorn, Esq., & Capt. Hugli Reed enters their Decent against }-eKe- turn of the Coniittee for settling ye lines & boundaries between ye several Towns w'thin this Province (viz.), ye lines between Fortsmo. & New Castle. 768 PROYINCE OF NEW-HAMPSHIRE. [1719. count of said £15,000 before the Gen' Assera. at their next sessions. 2C"» 7^"-, 1719. Eph"^ Dennet, (l)Cler. Assem. In Councill. Eodem die. Concurred. Eicli-i "Waldron, Clcr. Con. [p. 141.] In the House of Eepresentatives. Voted, That his Excellency be presented with one hundred pounds, & to be paid out of the Treasury of this Province. Josh"- Peirce, Cler, Assem. In Councill. Eodem die. Voted, a concurrence. Rich'' Waldron, Cler. Con. In Councill. "Whereas, by the deaths of sundry members of the Councill, there is not a sufficient number of Councillors, Thomas Packer, Esq., was sent for, who appearing at the board, was then voted & ad- mitted a member of the said Councill, — to whom were adminis- tered the oaths appointed by law ; & then he took his place at the board accordingly. A message to the house by George Jaffrey, Esq., to inform them that Thomas Packer, Esq., was chosen a member of his Maj"^' Councill & admitted to the board, & to direct them to choose a new Speaker. Mr. John Partridge preferred a petition and complaint to the board ag"' his son Jon'', as on tile. A message to the board by James Davis, Esq., that Mr. Josh* Peirce was chosen speaker of the house, in the room of Thomas Packer Esq., lately removed into the Councill. Prorogued to the first Wednesday in December next. (1) [From Journal of tlie House.] Whereas, Capt. Packer, j-e former Speaker, is this day removed to ye Council Board, by his Excellency's order, & a new Speaker chose in his room, which was by a general vote cast upon Josha. Peirce, who was presented to his Excellency & accepted : The House returned from Council Chamber & chose Mr. Epha. Dennet cl'k for ya house & swore him to his office. The House sent up for into Council Chamber & prorogued ym to the first Wednes- day in Decemr. next, by his Excellency, Saml. Shute. 26th Sept. 1719. 1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 7G9 Pro: N. Ilamp"". At a Gen' Assembl}- lield at Portsm" by prorogation, Dec"" 2'^, 1719. Present in Councill, His Hon^ John AVcntwortli, Esq., Lt. Gov% Sam' Penliallow, ) t^^,_ Pachard Wibird, ) y Georg-e Jaffrey, ^ -^^^1^' Thomas Westbrook, S '^ " A message to the liouse by the Clerk of the Councill, to ref]nirc their attendance at the Councill Chamber. Mr. Speaker and the house came up accordingly, & then his Hon'' Tvas pleased to pro- pose an addition to the [r. 142.] Committee appointed to run the partition line between this Province & the Mass«, & nominated Sam' Penhallow & George Jaffry, Esqs., w<='' was consented to, & then the speaker & house withdrew to their own room. A message from the House(l) by Mr. Eph'^Dennet, Avith the following vote : Whereas, there is an orcV" from the board of trade for running the Dividing line between this Province & the Prov- ince of the Mass'' : Voted, That Mr. Speaker Peirce, be chosen of this House to joyu vnth the Committee chosen last May sessions for that end (2) , Eph"^ Dennet, Cler. Asscm. Dec. 2''. Concurred in Councill. Rich'' Waldroi), Cler. Con. Mr. Speaker Peirce brought & laid the following vote before the board ;— entered at the foot of the petition referred to, w"^'' is on lile. The petition above was read and considered, & ordered that the (1) 2 Decern., 1T19. The House met according to Prorogation. Present, i\Ir. Sreaker, Capt. Odiorn, Coll. Ware, Capt. Reed, Majr. Gillman, Eph. Deunet, Capt. Gillman, Capt. Davis, Capt. Wiggins, Capt. Tebet, Mr. Dam. (2) [From MS. Corr. iu Secretary's Office, N. H.] Boston, Dec. 3d. 171!). Sir,— I am directed by tlae Hon'ble ye Lt. Govr. & Coun. to signify to you, Tliat the Genl. Assem. of New Hampr. have appointed commissioners to meet the Geutn. ap- pointed by ye Massa. Governmt. to confer about, & resolve upon ye divisional or par- tition line between ye two provinces; and that the Hampr. Gentn. will attend the ser- vice at Mr. Woodbridge's Tavern at Newbury, on Wednesday next; when & where the[y] hope to meet ye Commissioners of yor. province. I have nothing further at present, save that I am. Sir, Tor very humble servt., Biclid. "Waldron, Cler. Con, To Mr. Secretary Willard. 49 770 PROVINCE OF NEW-HAMPSHIRE. [1720. Execution be Juspeuded at p'esent, & tliat the aboves'i sum of three liuudred twenty-eight iDotinds received by several jiidgments, to- gether w"^ the five pounds nine shillings cost, be paid out of the treasury as soon as money can be brought into it. Josh'' Peirce, Cler. In Councill. Voted a concurrence, & that his Hon'' the Lt. Gov"" be desired to issue out a warrant to the Treasurer accordingly. Dec. 2S 1719. Eiclri Waldron, Cler. Con. Prorogued to the second Thursday in February next, 1719-20. Prorogued to the last Wednesday in March next, 1719-20. Prorogued to the twentyeth day of Aprill next, 1720. Prorogued to the twenty-sixth day of April, 1720. [Coyiicd from Belknap's Hist, of N. II., Vol. III., pp. .346-349. Boston, 1792.] The hitmble Apology of the People of jSTutfield to his Excellency Samuel Shute, Crcneral, Governor and Commander-in-Chief of his Majesty's Provinces of the Massachusetts Bay and Xew Hampshire, in New England. 3fay it 2)^- ease yovr Eo:ceUency, — The subscribers having seen a copy of yotir Excellency's letter to Captain White and Captain Kimball, tind themselves" under a uecessity of vindicating themselves from the charges given in against them ; it being allowable by the law of nature and of na- tions, to the grcatesrcriminals, to defend themselves when they justly plead in their own vindication. We were stirprised to hear ourselves termed Irish people, Avlien we so freqtiently A'cntitred our all for the British crown and liberties against the Irish Papists and gave all tests of ottr loyalty which the goverimient of Ireland required, and are always ready to do the same here when de- manded. Though we settled at Ntitfield, yet we used no violence iu the manner of our settlement, seeing no body in the least of- fered to hinder us to set down iu a desolate wilderness: and we were so far from hindering the English that really had a mind to plant with us, that many of them are now incorporated with us. After our settlement Ave found that two or three diflerent parties claimed Nuttield, by virttie of Indian deeds, and we were given to understand that it was necessary for us to hold the soil by some right purcliased frotii the natives. Accordingly we made applica- tion to the Hon. Col. Wheelwright of A7ells, and obtained his Indian right ; which we have to show. His deed being of ninety years' standing, and conveyed from the chief Sagamores between the rivers of Merrimack and Piscataqtia. with tlie consent of the whole tribes of the Indian nation, and well executed, is the most authentic we have seen; and the subscribers could not in reason think that a deed which is not twenty years old, of land which is not sufficientlv butted and bounded, from an obscure Indian, could 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 771 give any rig-ht to land wliicli had been sold so many years hefore, by the n<>ht owners. And the snbscribcrs hope they will be ex- ensed from giving away so good a title for others that cannot pretend rationally to be soAvell snpported; and which they always refn^ed to warrantee and make good against other claims. The dntiful a]iplications which we have made to both conrts, if we be incorporated, in whatsoever province we fall to be, Avill witness for onr respect to his ]\Iajcsty's government. If affidavits have been given against one of our number as using some threatening expressions, we hope it will not be imputed to the community. If our accusers be permitted to come up in troops, as they have done, and violently demolished one of our houses, and destroyed part of our hay, and threatened and insulted us with impunity, to the great terrorof our wives and children, when we snllered patiently, and then accuse us to our rulers of violence, injustice, fraud, force, insolence, cruelty, dishonour of his Majesty's government, and disturbance of his Majesty's subjects, injuries and offences to the English, and the like, when we know ourselves to be innocent, we think it hard measure; and must have recourse to God, who for- biddeth to take up a bad report against our neighbour, and will, we hope, bring forth our righteousness as the light, and onr judg- ment as the noon-day. If we be guilty of these disorders, we are liable to a legal trial, and are not so weak as to suppose our- selves to be out of the i-each of your Excellency's government. The subscribers hope that if any other accusations come in against them, they will be allowed an equal liearing before they be con- demned: and as we enjoy the liberty of the gospel here, which is so great a mercy, shall improve it, for God's glory; and as he has taught us, be dutiful to his Majesty's government set over iis, and if possible, live peaceably with all men, shall be desirous of peace- able neighbors, that want to settle with us, and help us to subdue a part of this vast and uncultivated wilderness; and shall not cease to pray for the divine blessing on your Excellency's person and government. Done at Xuttield, Feb. 27, 1719-20, and subscribed bv JAMES McGPtEGOEE, &c. [p. 113.] Pro : X. Ilan^/. At a Gen' Assembly held at Portsm" by prorogation, April 2G, 1720. Present in Councill, His Excellency Samuel Shute, Esq., Gov"", His Hon"" John Wentworth, Esq., Lt. Gov^ Sam' Penhallow, ? ^ Shad. AValton, ? ^ Mark Huiddng, <, "^^'l*- Thomas Packer, <, ^''^^^' A message from his Exccllencv bv the Clerk of v° Council to the 772 PROVINCE OF NEW-HAMPSHIRE. [1720. house of representatives (1) to require their fittendance at the board. The Speaker and house came accordingl.v, and then his Excellency was pleased to make the following Speech : Gent: — There being no ships arrived fi^om Great Brittain that has brought me any letters, I have nothing to acquaint you with iVoni thence, so that I hope you will quickly finish the accounts of the Province and make this "meeting of the Assembly very short ; but; if after I return to Boston, I shall receive any letters that bring any affiurs of moment relating to this province, I will not tail to meet you again before the fall sessions. Adjorned till tomorrow, 8 o'clock a. m. Pro: N. IIamp^ At a Gen' Assembly held at Portsm'', by adjornm', April 27, 1720. Present in Coun : His Excellency Samuel Shute, Esq., Gov% His Honour Jno. Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ? -p.^^^ Shad. Walton, \ -p Mark Hunking, \ ^^*1^- Pich^' Wibird, \ ^^l'^' Tho. Packer, Esq. A message from the house by Peter AVear, Esq., & Capt. John ( Jillman to his Excellency, to pray a Copy of his speech, — where- upon his Excellency directed the clerk to prepare the same & deliver it to the house : wliich was done accordingly. [p. 114.] By the same message a vote of the house for a Com- mittee of Auditts, which was concurred with in Coun: and is as follows : Voted, That the Speaker, Col. Davis & Capt. Odiornebe a Com- mittee from this house to joyn such as shall be chosen by the upper hoiTse, to Auditt y^ publick Accounts of the Province, & that they make their return to this house at this Sessions. 2G April, 1720. James Davis, Cler. i^ro temp. In Councill. April 27, 1720. Voted, a concurrence; and further voted, That (1) 1720, April 26. The House met acconling to ailjournm't or prorogation. Present, Mr. Speaker, Capt. Wiggin, Coll. Davis, I^Ir. Eastman, Col. Ware, Mr. Dam, Maj. Gillman, Capt. Gillman, Capt. Odiorne, Capt. Tebett, Eph. Dennett. — Journal of the House. 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. i ( b Ills Honour the Lieut. Gov^ Mark llunking and Rieli'' AV^ibird, Esqs., be of j" Conmiittee from the board for the service above. liicli'i Waldrou, Cler. Cou. Capt. Henry Sherbourn being returned by the sheriff to serve in the house of representatives for the town of Pourtsmouth. in the room of Thomas Packer, Esq., lately removed into the C'ouucil, was sent for to the board, and there qualifyed to Act by taking the oaths appointed by law(l) . Adjorned to 3 o'clock, v. u. Pro : X. Ilami)'. Mett again according to adjornm'. Present as Ijefore. Adjorned till tomorrow, 9 o'clock a. ji. Pro : N. IIamp^ At a General Assembly held at Portsm° by adjournm', April 28, 1720. Present in Coun', His Excellency Samuel Shute, Esq., Gov"", His Hon"' Jno. Wentworth, Esq.,Lt. GoV, Sam. Peiihallow, ? t^^„, Sliad. AValton, ) ^^ Mark Hunking, <, ^'*1^- llich'i AVibird, ^ ^^^l^' Tho" Packer, Esq. Adjourned till 3 o'clock, p. m. [r. 145.] Pro: N. Hamp''. Mett again according to adjournm^ Present as Before. The petition of Mr. Samuel Hinkes, which was preferred in April, 1719, and voted to be considered at this time, was read. The petition preferred by Mr. Hughes at the sessions in Sep- tember last, signed by about 100 persons and suspended till this time: and also another signed by Capt. Henry Sherburn and Mr. Clem' Hughes and Comp^, as a supplement to the aforementioned (1) [From Journal of the House.] April 27. Voted, Yt Henry Sherburn be Clark of ye House of Representatives. 774 PROVINCE OP NEW-HAMPSHIRE. [1720. petition, preferred tliis clay, were read at the board, praying for a Township in the waste lands adjoining to Kingston, &e. Ordered, Tliat the clerk give notifications to such persons as have a claim upon tlie said land, or have any thing to object against making a township according to the tennour of the above lietition, to appear before his Honour, the Lieut. Gov'' and Coun- cil, to wliom the matter is referred, to offer any thing in the l^'meses. In Conn'. Ordered, tliat wliatsoever persons in the Town of Hampton liave taken any mony upon interest of the Province of New Hamp'', shall pay all their taxes to Hampton without exception. Eichd Waldron, Cler. Con. Adjourned till tomorrow, 9 o'clock a. m. Pro : N. IIamp^ At a Gen. Assem: held at Portsm" by adjournm* April 29*, 1720. Present in Council, His Excellency Sam' Shute, Esq., Gov'', His Hon'' Jno. Weutworth, Esq., Lt. Gov'', Sam' Penhallow, ? -p.^^^ Shad. AValton, ) p Mark Hunking, J ^*^^- Pachy Jotliam Odiorne, relating to a complaint ag*' him for speaking direspect- fully of the Governm', read at y'= board and ordered to be filed. A message from the Gov"" to the House by Capt. Wibird direct- ing their attend'' at the board upon a conference concerning the appointment of an agent at home : The Speaker and house at- tended accordingly, and the matter being fully discoursed with- drew to their own apartment. [i'. 152.] A petition of AYm. Stiles & Comp^, relating to an appeal pending between them, Appel'% and PJch'^ AValdron, Esq., Appellee, read at y* board and sent down. A message to the House by Capt. Gillman with a vote from y« House which was concurred with, & is as follows : Voted, That Agency be impowered to solicit the Province inter- est at home, relating to the lines between this Prov: & the Mass*, &c., and that a Committee be chosen of both houses to draw up instructions for said agent, and that one hundred pounds be given out of the treasury of this i)rovince for his encouragm*. Henry Sherburn, Cler. Assem. In Coun : April 30"', 1720. Concurred. Richard Waldron, Cler. Con, A message to the board by Mr. Dam, with a vote from the house which Avas concurred w* and is as follows : Voted, Whereas there is a committee chosen of both houses to proportion Kingston and Gosport, alias Isles of Shoales, what they shall pay to the Province tax, and that the same Committee shall see what alterations are made in any town or parish by reason of tlie new lines now settled, that where any persons are taken of from any town and added to any other town, that so much as they paid in said Province tax, shall bo taken of from that town's proportion, and added to that town where the new belong; and that the Assem. shall proportion that mony that is to be raised in Kingston and Gosport, alias Isles of Shoals, on the several towns in said Province. April 30, 1720. Henrv Sherburn, Cler. Asjem: 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. TT9 [p. 153.] April 30"^, 1720. In Couu: Read & concurred. llich'i Waklron, Clor. Con. The petition of ('apt. Timotliy Gerrish, Capt. Paul Gerrish and Mr. Thom= Hanson, praying the Trees which they had gotten lor the Iving, and were lately seized by the surveyor-general, might be discharged, or that y'= said surveyor might be quickened in prosecuting his seizure, that the trees might not be suffered to be destroyed by worms or rot on the ground, was read at the board, as on tile. A message to y" House by Sam' Penhallow, Esq., with a vote of Council appointing Henry Newman, Esq., agent for tirH Province. A message to the board by Peter Wear, Esq., with the two fol- lowing votes : In Conn : Voted, That Henry Newman, Esq., be the agent for this Prov- ince, and that Sam' Penhallow, Mark Hunking and George Jaf- frey, Esqs., be of a Committee from the board, to joyn with such as may be chosen by the house of representatives, to draw up instructions (1) to the said Henry Newman, Esq., accordingly. April 30«S 1720. Eichard Waldron, Cler. Con. In the House of llepresen'^. Eead & concurred with all. Henry Sherburn, Cler. Assem. (l)[Letter of Instructions to Henry Newman, Esq., copied from Journal of the House. 1 Portsmo, N. Hampr., K. Engld., July L'2, 1720. Mr. Henry Xewman : Sir : — The affairs of this Government frequently requiring the solicitations of some Persons att Court, our General Assembly in May last made choice of you to be their Agent for that end; and as an earnest of their respects & for your Encouragement, did then vote you one hundred pounds this money, which presume his Excellency Governour Shute has heretofore advised you of; as alsoe the Lt. Governour. Sr. There has been a long dispute between this & the Massachusetts Government about the Dividing line, and several commissioners have sundry times been appointed by both to settle itt ; butt hitherto could never be eifected by them ; which proves injurious to many persons thatt inhabitt on or near ye Line, who have been obliged to pay ta.xes to both Governments; wherefore, that itt maybe finally ended, and these greivances redressed, since the Government here can't doe it themselves, that matter is now to be submitted to his Majesty in Council or Lords Commissioners of trade and Plantations; and in order thereto, you have herewith a Commission from this Government, to iMrowER you our Agent, and accordingly you are desired to lay ye affair before them as may be proper, so soon as conveniently may be, and that there may be a right apprehension of ye matter, you have herewith a Mapp or Draught, which you may Depend is very exact & correct. [The 780 PROVINCE OF NEW-HAMPSHIRE. [1720. Voted, That Mr. Speaker, Maj. Jno. Gillman & Henry Sherburii be of y* committee from this House to joyii y* committee above- said. Ileury Sherburii, Cler. Assem. The extent of this Prov: is all the land between ye Massachusetts and Prov: of Main; our south bounds is three miles North from ye mouth of Merrimack River, att the Atlaiitick Ocean or Western sea, and from thence a West line into the INIain so far as the Massachusetts extends. Our Nortli line or Bound is Piscataqua Kiver, untill itt come to ye head of Ncwichanack river, and from thence a very few degrees West- ward of ye Xorth, up iuto ye Main Land, as on ye Southern line, which bounds are prickt out on ye Mapp; and we conceive agreeable to ye Royall Charter granted to Massachusetts, butt the commissioners of that Government have always insisted on other Lines, as are also marked out on ye Draught, which if granted to them, would render this Prov : a very little one indeed. Whereas his Majesty has lately Prohibited any imposition of Impost or powder- money on the Merchants' ships trading here, belonging to Great Brittain, which for- merly supplyed the usual expence of our Castle, and the stock being now very low, you are desired to lay that matter before ye proper board, in order to obtain ye Royall bounty therein, and you are to be vigilent in diligently en(iuiviiig into all comiilts. that may [be] made agst. this present Government, and in persuing every thing thatt may be i)romoted for ye geuerall beunititt of this Plantation : Espetially, that the Lumber from hence may be imported into Great Brittain free of Duty, and the Bounty continued in Navall Stores, thatthe forging of Iron here may not be obstructed, but encouragement may be granted for raising hemp and Flax, which if pursued, this country might in a little time furnish the Crown with a considerable supply; that the surveyor Geuerl. of yo Woods may be directed to preserve ye Mast trees after a better manner, and nott suffered to obstruct his Majestie's subjects from getting such Timber from thence as is nott, nor never will be, titt for the service of ye Crown, —of which there are multitudes of trees that are rotting on j-e Ground, that might make good Lumber, fitt for ye London or West India Marketts, by ye latch [?} of which a consid- erable Revenue ariseth to the Crown. We desire you will acquaint us from time to time of your proceedings in ye prem- ises ; and salute you with greatt Respects as a Committee of this Government, and are. Sir, your very Humble Servants. [Not signed.] [From MS. correspondence, Secy's Office.] July 20, 1720. Sir,— It's probable that long ere now ye have heai-d the debate that has hap'ned between this and the Massachuset Province, abt. the Dividing line; and having had so large Experience of your favour in serving us, doe think it incumbent of making all suitable returns of dutyes and gratitude, and should still esteem you the most suitable person of making our application to, were it not that you are so immediately interested in the other Province: Wherefore, wee thought meet to acquaint you, that wee have now writt Mr. Newman, to solicite our affair, and to lay a representation thereof, before the Lords of Trade, &c. Our Lt. (r!)vr. very heartily salutes you, and so doe all our Gentn; more partic- ularly. Sir, &c. Yor most humble and most obdt. Servts., Joshua Peirce, Saml. Penhallow, Henry Sherburn, Geo. Jaffreys. Jer: Dumjiee, Esq. 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 781 Voted, That the Lt. Gov' be presented with the Excise of the Province y^ year following. Henry Sherbnrn, Cler. Asscni : April :30th, 1720. In Conn: Read & concurred. Rich^' Waldron, C'lcr. Con. April 30«\ 1720. Adjorned to the 24"^ of May next. [p. 154.] Pi-o: N. Hamp^ At a General Assem. (1) held at Portsm", l)y adjornmS May 24, 1720. Present in Conn : His Hon' John Wentworth, Esq., Lt. Gov^ Sam' Pcnhallow, ? t^,„. Shad. Walton, } y George Jatfry, \ ^'^"l*" Rich^ Wibird, ^ ^'^- Adjorned till 3 o'clock p. 3r. Pro : iST. IIamp^ Mett again according to adjornm'. Present in Conn : as Before. Also, Thom' Packer, Esq. The petition of John and Nicholas Meed, in behalf of tlieir father, Nicholas Meed, in prison upon Execution for money due to the ti-easury. praying his release upon such terms & conditions as in the said petition is exprest, was read at the board and sent down to tlie house by George Jaffry, Esq. The petition of Clement Hughes and Henry Sherburn, p'ferred last sessions, in behalf of themselves and sundry others, praying for a Township at a place called Cheshire, read at y" board; also, another petition of sundry p'sons of Exeter & Haverhill, praying to be joyued w^'*' the first petitioners in the settlement of the township, was read as on file. Adjorned till tomorrow, 9 o'clock a. m. (1) [From Journal of the House.] May 24, 1T20. Ye House mett accordiug to ye Prorogation & Ailjornmt. Present, Mr. Speaker, Left. Denick, Coll. Wear, Mr. Jo. Dam, Maj.Gillman, Capt. Tibbetts, Capt. Odihorn, Esq., Hen. Sherburne, Saml Eastman, Daniel Greenough, Capt. Wigene, Capt. Jo. Gillman. 782 PROVINCE OF NEW-HAMPSHIRE. [1720. I'ro : X. IIamp^ At a (Jen' Assembly liekl at Portsua°, by ad- joriim', May 2o, 1720. Present in Couii : His Hon. John ^yentworth, Esq., Lt. Gov"", Sam' Penhallow, ? -p Geo. Jaffry, ? -p Mark Hanking-, ^ ^'^^i^' Ricli^' Wibird, I ^^^'" Tliom^ Westbrook, Esq. The petition of Mr. llobert Auclnnnty, in behalf of AYm. Stiles and comp", to bring forward an appeal ag^' Col. Waldron, [p. 155.] before the Gov' & Conncil, read and sent down to y^ house of represent^ by Thomas Westbrook, Esq., and ordered that the said Col. Waldron be notifyed of said petition, and to give his attend- ance at the Conncil board tomorrow at ten o'clock before noon, A message to the board, by Capt. Samuel Tibbetts and Capt. John Gilman, reporting that Capt. Daniel Greenongh Avas re- turned to serve as a member in the house of representatives for the town of N. Castle, in the room of Capt. Hugh Eeed, lately de- parted out of the Province, and praying that the said Greenongh might be qnalifyod; before which his Hon'' was pleased to appoint Mark Ilunking and Richard Wil^ird, Esqs., to administer the oathes in that case required by the Law ; — which was done accord- ingly. The petition of Sam' Easman, Esq., praying that an order of y<^ Quarter Sessions relating to Kingston might be cancelled and nul- lilyed, for reason therein set forth, read at this board. Ordered, That the line from the head of Stratham to the south tree between Hampton and Exeter, be run Avithin ten days, and that the select men of Exeter, & of y« new Parish of Hampton, cause this order to be executed, and that they report their doings to the Lieut. Gov^ within the space above limited. Riclid Waldron, Cler, Con. A message to the House by the Clerk of the Council w"' a printed paper containing Rules for making hemp, — which had been read at y'= Board, and which the Lt, Gov"^ and Council were jileased to recommend to the house in order to their encou.raging the raising- hemp in this Province. Samuel Penhallow and Mark Ilunking, Esqs., made report to the board that they had proportioned the town of Kingston in the ProA'. tax, pursuant to a vote of Gen' Assembly in April last; — Avhich was read and accepted, & sent down to y^ house by Samuel Penhallow, Esq. The Committee appointed to proportion the Isles of Shoales in 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 783 the Prov. tax, made Report, -uiiicli was read, accepted and sent down to the House pr. liich*! Wibird, Esq. [p. 156.] A message to the board by Capt. Henry Slicrburn, with the report of the Committee appointed to projiortion Isle of Shoales in the Province tax, and the votes thereon ; — which report and votes are as follows : Pursuant to an order of Gen' Assembly, 29* April, 172ii, wherein we the subscribers were chosen a Committee to bring the town of Gosport, alias, the Isles of Shoales, into the Province tax. "We, having made the best calculation we could, suppose it rea- sonable that the aboves'^ town of Gosport, alias the Isles of Shoales, do pay, as their proportion, after the rate of twenty pounds in every thousand pounds raised in the province ; and so in pro- portion for greater or lesser sums — humbly submitting it to y'' lion'''"^ the Gen' Assem. Pich'i AVibird, Thom* Packer, Josh'^ Peirce, Eph'' Dennet. In Coun. The foregoing report laid before this board was read, accepted and voted to be confirmed. May 25, 1720. Eicli'i AValdron, Cler. Con. Read in house of Represent^, and voted a concurrence. Henry Sherburn, Cler. Assem. 25"^ May, 1720. A message to the house by the clerk of the Council, with the petition of Sam' Easman, Esq., read at the board this day and vote thereon. Adjorned to 3 o'clock, r. m. Pro: X. Ilamp"". Mett again according to adjournment. [p. 157.] Present as Before. A message to the board by Peter Wear, Esq., praying that the Treasurer's Accounts and the Report of the Committee of Audit might be sent down and laid before the house, and also the Ac- count of the Grand Committee appointed to lett out the fifteen thousand pounds, &c. A bill entituled An Act for the settlem' of the Parishes at Ports- mouth, re ad twice at y^ board and voted to be enacted and sent 784 PROVINCE OF NEW-HAMPSHIRE. [1720. down for concurrence, by George JaftVy and Ricli'i AVibird, Esqs. The petition of liichard Jose, praying a salary as prison-keeper, read at tlie board and sent down by the Cleric of y'' Council. Adjorned till to-morrow, 9 o'clock, a. m. Pro: N. lIamp^ At a Gen' Assem. held at Portsm"by adjornm'. May 26, 1720. Present in Conn., His Honour John Went worth, Esq., Lt. Gov"", Sam' Penhallow, ^ Shad. Walton, ^ Mark Ilunking, V Esqs. Ilicli'' AYibird, > Esqs. Geo. Jaftry, ) Thorn' AYestbrook, ) A message to the board by Capt. Sam' Tibbetts — with the peti- tion of Jolin and Joseph Meed, in behalf of their father, and the vote of the house thereon ; — the jietition is on file, and the votes as follows : In the House of Represen'* Upon reading the Petition of John and Joseph Meed, Ordered, That Nicholas ]Meed, the father of the petitioners, be discharged out of prison on condition That the said John and Jo- seph Meed give good and sufficient security to the satisfaction of the Gen' Assem. to pay yearly and every year, the sum of thirteen pounds, six shillings and eight pence, [p. 158.] for the use of the Province for fifteen ye;irs ensuing, or till they have discharged two hundred pounds together with prison fees. Henrv Sherburn, Cler. Assem. 24* May, 1720. In Conn. May 20, 1720, Voted a concurrence. PJch'i AValdron, Cler. Con. A message to the board by Capt. Samuel Tibbits with a vote from the house for taxing Kingston, &c., which vote was read at the board anil sent back to the house by George Jaffry and Thoni'^ AVestbrook, Esq., to be considered. A message to the board by Capt. Tibbits, with the printed pa- pers, entituled. Rules for raising hemp, — sent down yesterday. By the same message the following vote : Voted, That INIaj. John Gilhnan and Capt. Andrew AA^iggin Esq., be a Committee from this house to joyn with two of the Council, to form an Act for strengthening of a vote past in the 1720.] JOURNAL OP COUNCIL AND ASSEMBLY. 785 General Assem., October y« 8"^, 1717, relating to the two parishes in Portsmouth. May 24*, 1720. Henry Sherburn, Cler. Assem. In Council. May 2G, 1720. Voted a concurrence, and Geo. JafiVy and Ricli'^ AYibird, Esqs., ajJiiointed from the board for the senice above. rtich-i Waldron, Cler. Con. Mr. Auchmuty appeared at the board and prayed to be heard upon his petition preferred yesterday, in behalf of Wm. Stiles and comp*. Ordered, That the hearing upon said petition be suspended till October next. [p. 159.] A message to the board by Capt. Gillman, with the following vote : Voted, That a Committee be chosen of the Upper house to joyn with the Committee of this house to burn what bank mouey now lyes in the hand of the General Conunittee, and that IMaj"" John Gillman and Mr. Denuet, Mr. Greenough, is a committee from this house for the end abovesaid. May 25*, 1720. Henry Sherburu, Cler. Assera. In Council. Concurred, and Voted, That Mark Huuking, Geo. Jaffrey & Rich'^ Wibird, Esq., be of y<= Committee from the board to joyn in the affair abovesaid. May 26*, 1720. Rich'i T\'aIdron, Cler. Con. A message to the board by Capt. Gillman, with the petition of Sam' Easman, Esq., praying that an order of the Quarter sessions may be nullifyed for reasons therein set forth, as on file, together with the vote of the house upon said petition as follows : May 26, 1720. Voted, that the case between Hampton and Kingston be brought on again to the next Q'^ sessions for a second hearing between Town and Town, and that each Town be noti- fyed accordingly. Henry Sherburn, Cler. Assem. In Coun: Eodem die. Concurred. Rich'^ Waldron, Cler. Con A message to the board, by Capt. Tibbitts, w* y^ following: 60 786 PROVINCE OF NEW-HAMPSHIRE. [1720. Yoted, That Mr. Nicholas Meed be lett out of prison, having giA-en in security by his two sons, to satisfaction. May 26, 1720. Henry Sherburn, Cler. Assem. In Coun. Eodem die. Concurred. Rich'^ Waldrou, Cler. Con. Adjorned till 3 o'clock, p. 31. [p. 160.] Mett again according to adjournment. Present in Coun : As Before. A message to the board by Ca^it. Gillmau with the folloTving vote : Yoted, That Kingston be now brought into the Province tax for tifty pounds in a thousand pounds prov : tax, and so in propor- tion, be it more or less: and that the Treasurer issue out his war- rant for raising said proportion on Kingston, to be paid into the Treasury at the seasons stated by the law, for the other towns of this "Province, and that the Treasurer account w"^ the General Assembly for the same. May 25, 1720. Henry Sherburn, Cler. Assem. In Coun: Yoted a concurrence with the foregoing votes. May 26, 1720. Richard AValdron, Cler. Con. The petition of Elis" Sloper read at the board, and ordered. That the consideration thereof be suspended till tomorrow, 11 o'clock, A. M., and tliat Henry Sloper be notifyed of said petition, and to give his attend'' at y^ time prefixt. Memoraxdum. That this day was burnt to ashes nine hundred and eighteen pounds, eight shillings & nine pence, in view of the General Assem: it being so mucli of the lifteen thousand pounds last imprest, delivered in by the Grand Committee of Avhich s<^ sum of £918: S"*: 9'^ the said Grand Committee are hereby dis- charged. Rich'i Waldron, Cler. Con. [p. 161.] A message to the board by Mr. Dennet, av"^ the bill cntituled an Act for the settlement of the Parishes of the ToAvn of Portsmouth, informing, That the house concurred w"' the Council that the s'^ bill be enacted. The petition of Rich*^ Jose sent down yesterday, returned by he same message without any vote. 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 787 A message to tlie board by Mr. Deiinet, av"* the following- vote: Voted. That Maj. John Ginuiau's logg-liouse by the bridge be a publick license house for entertainment, paying as other publick houses in the Prov: do. May 26: 1720. Henry Sherburn, Cler. Assera. In Coun : Eodem die— concurred. Rich'^ Waldron, Cler. Con. Adjourned till tomorrow, 10 o'clock, a. m. Pro : N. IIamp^ At a General Assam : held at Portsm° by adjornm', May 27, 1720. Present in Coun : Ills Honour John Wentworth, Esq., Lt. Gov', Sam' Penhallow, ) -r.,^„ George Jatfrey, } t^, Mark Hunking, I ^^^'^^ Shad? Walton, \ ^"i'- The petition of Elis* Sloper read at the board yesterday, sent down to the house of Representatives by y*^ clerk of y'' Coun : A message to the House by Geo: Jaifrey, Esq., w"' a vote of Council, to desire the Lieut. Gov'' to meet y<^ Ind"" at Winter Har- bour. (1) which vote was returned to the board by Capt. Daniel Greenough — concurred with in the House, and is as follows: In Coun : Voted, That his Honour the Lieut. Governour be desired to go as far as Winter Harbour to meet the Delegates of the Indians that shall [p. 162.] be appointed to negotiate the affair of giving satisfaction to the said Indians, for the supposed murther of an Indian man, Hannock, one of their tribe, and that one or two members of the board, and as many of the House, be desired to accompany the said Lieut. Gov''(2) on the said alliiir; and that (1) In tlie State of Maine, near the Saco river. (2) [The Pillowing letter shows that Lt. G.)v. Wentworth did not visit the Indians but committed the negotiation to others. — Ed.] To Messrs. John Giles and Saml Jordan : You are hereby impowered to treat with the chiefe of ye Indians, in behalf of this Governnit in relation to the Indian Hannock that was missing in this Province, and let them know that as it was transacted here. Gov. Shute has left the matter to Govr. Wentworth, &c., to settle it with them; and accordingly, you are on the best and easiest tearnis you can, to accommodate theaftair, so as that there may be no longer a heart burning among the Indians about it; that peace and friendship may be con- tinued with them. By agreeing with them the sum that shall be acceptable, wch shall be layd out here to yr best advantage in such comodities as will suit them best and sent to them : I am of opinion thirty pounds will bo enough, but you are not to 788 PROVINCE OF NEW-HAMPSHIRE. [1720. the charges of the negotiation be defrayed out of the Treas- ury. May 26"^, 1720. Rich Esqs. Pich'' Wibird, > Esqs. Geo. JatTrey, ) Thorn' Packer, ) A message from his Excellency the Gov"" by the clerk of y' 1720.] JOURNAL OP COUNCIL AND ASSEMBLY. 791 Conn : to the house of representatives (1) requiring their attend- ance at the board; the Speaker and house attended accordingly, and his Excellency was pleased to make the following speech: Gent. — Having nothing to acquaint you with from the Court of Great Brittaiu, I shall onely reccommend to you the dispatch of the matters that shall conie before you, that shall [i-, 1G6] be thought necessary to be done for the service of the Province at this sessions. The Petition of William Stiles and company, praying au Act may be past to enal)lc them to bring forward an appeal ag«' Col. Waldron, w^*^ was preferred in May last, and y« consideration thereof suspended, was again read at y*^ board, and sent to the house by the clerk of y'' Council. Adjorned till tomorrow, 9 o'clock, a. m. Pro : N. Ilamp'. At a General Assembly held at Portsm* by adjornm' August 21'^, 1720. Present in Conn : His Excellency Samuel Shute, Esq., Gov"", Geo. Jatfrey, Ricii'i Wibird, Shad. Walton, Esqs. Adjorned till 3 o'clock, r. sr. Pro : N. IIamp^ Mett again according to adjornmcnt. Present as Before. Also his Hon'" Lieut. Gov"^ Wentworth, Sam' Penhallow, Mark Ilunking & Tho^ Packer, Esqs. The petition of John Calf & Comp« p'fcrred to this board pray- ing for a township above Exeter was read. Adjorned till tomorrow, 10 o'clock, a. m. (1) [From the Journal of the House.] 23J of Augt., 1720. This house met according to ailjornmt & Prorogation. Present, Mr. Speaker Pears, Capt. Wigens, Col. Davis, Capt. Gilniau, Ma.j. Wier, Mr. Denick, Judge Odiorne, Mr. Daui, ISIaj. Giluian, Capt. Greno, Hen: Sherburn, Clk. 792 PROVINCE OF NEW-HAMPSHIRE. [1720. [p. 167.] Pro:N". Hamp\ At a General Assembly held at Portsmouth by acljonim' Aug. 25"^, 1720. Present in Councill, His Excellency Sam' Shute, Esq. , Gov'', His Hon"^ John Wentworth, Esq., Lt. Gov"", Sam' Peuhallow, ) Shad. Walton, ) Mark Hunking, V Esqs. Rich'' Wibird, > Esqs. Geo. Jaffrey, ) Thorn" Packer, ) A message from his Excellency by Col. Hunking to the house to inquire whether they had acted any thing upon the petition of William Stiles & Comp", which was sent down yesterday ; who returned that as yet they had not. A message to the board by Capt. Wiggiu w^'a vote of the house for suspending the payment of £500 due to the Treasury this year; w*^*^ vote was sent back non-concurred. Adjorned till tomorrow, 9 o'clock, a. m. Pro : N. Hamp'. At a Gen' Assem^ held at Portsm" by adjornment, Aug. 26, 1720. Present in Councill, His Excellency Samuel Shute, Esq., Gov^ His Hon'' John Wentworth, Esq., Lt. Gov'', Sam' Peuhallow, ^ Shad. Walton, ^ IMark Hunking, > Esqs. liich'' Wibird, > Esqs. Geo. Jafiry, ) Thorn* Packer, ) The petition of George Brownel, setting forth That he was very much damnifyed by an Extra judicial Judgment of the Court of assize in discharging his servant Richard Whitehorn, &c., and praying relief in the premises, was read at the board. [p. 168.] A message to the House by Rich'' AYibird, Esq., to acquaint them his Excellency had received an Express from Bos- ton, and was obliged to return thither speedily for his Maj"^ ser- vice, & to propose their dispatch of atTairs. A message to the board by Mr. Dennet and Capt. Gi-eenough, with the petition of Wm. Stiles and Comp", and vote thereon. The petition on file, & vote as follows : Voted, That the petitioners may be granted a hearing before the Governor & Coun : provided that they pay all former charges, and that a committee from both houses be chosen to form an act accordingly. Aug*' 26, 1720. Henry Sherburn, Cler. Assem. 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 793 111 Conn : Eodem die. Voted a concurrence. Riclii Waldron, Cler. Con. A message to the board by Mr. Speaker and Lt. Col. Wear, praying tliat y^ consideration of the petition of Mr. John Calf and Company be suspended for the present. In Coun : Ordered, That tlie consideration of the petition of Mr, John Calf and company, praying for a township north-westward of Exeter, be suspended till tlie land already disposed of in that part of the province be laid out and bounded, to p'veiit the interfering of bounds. Rich'^ '^Valdron, CIcr. Con. Adjourned till 3 o'clock p. m. Pro. ]Sr. Ilamp"". Mett again accoi-ding to adjornm'. Present in Coun: as Before. [p. 169.] A message to the board by Capt. Odiorne and Capt. Greenough, with the following vote: Voted, That the one-half of the tifteen hundred pounds to be raised this present year, by virtue of an Act in one tliousand seven hundred and sixteen, be paid in December, and the other half suspended till April next ensuing ; and that the treasurer issue out his warrants accordingly. Aug. 26, 1720. Henry Sherburn, Cler. Assem. In Coun : Eodem die. Voted a concurrence. Pich-i Waldron, Cler. Con. The petition of Mess" Henry Slierlnirn, Clement Hughes and Comp" preferred May 24*, 1720, praying for a township, &c., is granted, and Col. Hunking, Capt. Wibird, Capt. Henry Sherburn and Capt. Tilton appointed a Committee to lay out the land. Richard Waldion, Cler. Con. A message to the board by Mr. Deiinet with the following A'ote: Voted, That Col. Wear and Capt. Greenough be a committee from tliis house to joyn with such of the upper house, to form a bill to enable William Stiles and Comp* of Cochecho Point to bring forward their action of Appeal before the Gov'"and Council. Aug*' 26, 1720. Henry Sherburn, Cler. Assem. In Council. Eodem die. Concurred; and Geo. Jaffrey and Rich'i Wibird, Esqs., appointed for the service above. Adjorncd till tomorrow, 9 o'clock, a. si. 704 PROVINCE OF NEW-HAMPSHIRE. [1"20. [p. 170.] Pro : N. nam\Y. At a Gen' Assembly held at Portsmouth by adjournm' Aug. 27, 1720. Present in Coun : His Excellency Sam' Shute, Esq., Govern'', His Hon"" Jno. Weutworth, Esq., Lt. Gov% Sam' Pcnhallow, ^ Shad. Walton, ^ Mark Ilunking, > Esqs. Rich'' Wibird, > Esqs. Geo. Jaftrey, ) Tiiom'' AYestbrook, ) Thom^ Packer, Esq. A messag-e to this board by Capt. Odiorne and four other mem- bers of the house, w"^ the following vote : Voted, That his Excellency be presented with one hundred pounds to be paid out of the treasury when brought in. Henry Sherburn, Cler, Assem. In Coun : Aug. 27, 1720, Concurred. Eich^i Waldron, Cler. Con. A message to the House by the clerk of the Council, informing them that his Excellency had laid before the board a petition signed by Capt. Pickering and several others, containing reflec- tions on the Government, with a vote of the Council in relation thereto: wliich petition was sent to the house by Geo. Jaffrey, Esq. A message to the house from his Excellency, pr. Col. AYalton, to inquire whether they had concurred w"' y*^ Council vote relating to Pickering's petition, and to direct them to return the said vote. A message to the board by Capt. Odiorne and Capt. Gillmau with the following vote : In Coun : Voted, That the petition of Pickerin, "Walker, &c., directed to his Excellency, dated y^ 27"" [p. 171.] instant, is highly scandalous, reflecting on the General Assembly of this province, and that the subscribers thereto be summoned to answer for the same, and punished accordingly. Ang^' 27"% 1720. Rich'' Waldron, Cler. Coun. Read & Concurred w^'all. Henry Sherburn, Cler. Assem. In Coun: Ordered, That the Clerk issue out summonses to Capt. Pickerin and the several other subscribers to a petition this day laid before the board by his ExceP' the Gov"" to appear at the board at 4 o'clock p. M., to answer for signing to sucli scandalous reflections on the General Assembly, as are contained therein. Adjorned to 4 o'clock, p. m. 1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 795 Pro: X. Ilamp'^. Mctt ag-aiu according to adjorument. Present in Couu: As Before. John Jackson, Solomon Cotton, Stephen Greeiileaf. Sam' Ban- field, Abraham Jones, AVm. Ilunking-, I{ich Esqs. Richard Wibird, > Esqs. Geo. Jatlrey, ) Thorn" Packer, j A message to the House (1) by the Clerk of the Council to i"e- (1) [From Journal of the House.] 18 of April, 1721. The house met according to prorogation. Present, Mr. Speaker Peirce. Jiihn Dam, Miyr. Gillman, Mr. Eastman, Capt. Gillman, Eph. Denuot, Coll. Wiear, Capt. Oiliorn, Cap: Greenough. In ye house of Representatives. VotJ, Yt Capt. Eph: Deunet be Clark of this house til farther order. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 797 quire their atteudance at the board, the Speaker and liouse came accordingl.v, and his Excellency was pleased to make the follow- ing Speech : Gent:— Being informed bv the Governour of Nova Scotia, that contrary to the Treatv of Nntralitv stipulated between the two Crowns of Great Brittain and France, there has been an illegal trade for many years carrved on betwixt his Majestys sul)jccts of New Enghuul and the French settlements near Cape Briton, and also, if we had not sent them necessary supplys they could not haye continued in those parts: lam therefore of the opinion that it will be for the honour and seryice of his Majesty's (Joycrmnent to make an Act to preyent any such illegal trade for y'' future. The wicked practice of counterfeiting the Prov: bills preyailiug very nuich amongst us, I must recommend it to you as the most effectual way to putt a stop to it for time to come, to make it felony, by a'law which I hope will have the desired effect. Gen', 'it you have any thing else to propose that maybe of service to the Province, l" shall be ready to give it due considera- tion. [p. 175.] The Speaker prayed a copy of his Excellency's speech, & then he and the house withdrew to their own chamb''; and thereupon his Excellency directed the Clerk to transcribe his speech and serve the house w* a copy thereof immediately, which was done accordingly. A message to the board by Capt. Gillman, with a vote for a Committee of Auditt, which was concurred with and is as follows : Voted, That Col. Wear, Maj-- Gillman & Capt. Odiorne, be a Committee from this house to joyn with such as shall be chosen in the upper house for this year, to auditt the publick accounts of tills province, and that they make return thereof to this house. Eph" Dennet, Cler. Assem. In Conn : Eodem die. Concurred and Voted, that Col. ITunking, Geo. Jaffrey and Rich'^ Wibird, Esqs., be of the Committee from the board to joyn in the affair above mentioned. Kich"! "W^aldrou, Cler. Con. Adjourned till tomorrow, 9 o'clock a. m. Pro : N. Hamp'. At a General Assembly held at Portsm" by adjormn' April 19, 1721. Present in Conn : His Excellency Samuel Shute, Esq., Gov"", His Hon' John Weutworth, Esq., Lt. Gov, 798 PROVL\CE OF NEW-HAMPSHIRE. [1"21. Sam' Pcnhullow, ) Sliad. ^Valton, ^ Mark liiinking, > Esqs. liichard AVibird, > Esqs. Geo : JallVy, ) Tlioni" Westbrook. ) Thom^ Packer, Esq. A message to the board byCapt. Greeuougli, w* the following': [p. 176.] The house being iuftn-med by a letter or memorial from Mr. Recorder Penhallow, That thei'e are sevei'al files in his office promiscuously bound up that belong to other offices, and also many papers of publick and loersonal concern in the hands of Madam Story, and some Entrys of Deeds, &c., in the Register's office; upon which we are of opinion, that it is necessary for the Gen' Asscm: to appoint a Committee to examin into these aflairs, and to dispose of all papers into their proper offices : A^oted, That Mr. Speaker Peirce and Jotham Odioi-ne, Esq., be of the Committee from this house to joyn such as may be chosen of y"^ ends abovcsaid. Eph'^ Dennet, Cler. Assem. 19 A^iril, 1721. Read three times and sent up for concurrence. In Couu : Eodem die. Read and concurred, and voted. That Thomas Westbrook & Thom^ Packer, Esqs., be of the Committee from the board for the service above. Rich'i Waldron, Cler. Cou. Adjorued till 3 o'clock p. m. Pro : N. Ilamp'". Mett again according to adjornment. Present as Before. The petition of the Inhabitants of Nutfield, pi-eferred by Mr. McGrcgore,(l) praying to have some bills of creditt lent them without interest, &c., was read at the board, as on file. A message to the board by Mr. John Dam, w"* the following vote : Whereas the Act for the Encouragement of sowing and curing hemp being near expired : (l)Probably Eev. James M(:Gregore, who was the first minister of the settlers of NutfieUl. He arrived in Boston with about one hundred families from the North of Ireland, Oct U, 1718. Mr. McGregore preached a short time after his arrival at Dra- cut; but as soon as the settlement was made at Nuttield, he was called to be their minister. "He was a wise, artectionate and faithful guide to his people both in civil and religious concerns." He died March 5, 1729, aged fifty-two years.— Altt7i'a Biog. Die. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 799 [p. 177.] Voted, That The sixuT act be revived and coatinu;d three years after the determination of said Act (1). Epli* Dennet, CJer. Assem. In Coun : April 19"', 1721, Concnrred. Kichard Waldron, Cler. Coun. Adjorned to Fryday next, 10 o'clock a, ji. Pro : N. Ilami/. At a General Aspem.held at Portsmouth by adjornment, April 2P', 1721. Present in Coun: His Excellency Sam' Shute, Esq., Gov% His Hon'' John Wentworth, Esq., Lt. Gov"", Sam' Pcnhallow, ) Rich'' Wiblrd, J) ]\l:irk Ilunkino-, V Esqs. Thorn* AVcstbrook, > Esqs. Shad. AValton^ ) Tho'^ Packer, ) A petition signed by about one hundred p'sons was preferred to this board by Messrs. Ezekiel Walker, John Calf and Elisha Story, praying- for liberty and encourag-cment to settle a town on a certain tract of land northwestward from Exeter, lying partly between Cheshire and Xew Portsmouth, and partly above New Portsmouth adjoining to Cheshire line, containing the quantity of ten miles square, upon such conditions as in said petitions, on file, is contained; whereupon it is In Coun : Ordered, That the petitioners have liberty to build & settle upon the said tract of land, upon the conditions in said petition (1) [From Journal of the House.] April 19, 1721. Whereas there is a Law obliging every town witliin this Province, consisting of one hunilreJ ftiniilies, to be provided with a Graminer School, and there behig so much time given in the Law as six months before ye Penalty of the Law takes etFect from year to year causes a great neglect, which is much to the damage of every such Town : Voted, That eacli Town and Parish within this Province, consisting of one hundred families, be constantly provided with a good Grammer School ; and the selectmen of each town for ye time Ijeing to be obliged to procure and provide sd schools, and in case of tlieir neglect for ye space of one month after ye publication hereof, shall forfeit and pay ye sum of twenty pounds, to be applyed to defray ye Prov : charge. Eph. Dennet, Clark. 21 April. Voted, That Major Gillraan and Cap: Oliorn be a Committee from this house to joyn with Saml. Penhallow and Tho. Westbrook, Esqs., of ye L'pi>er house, to draw up tho above sd Act relating to the Scholl. 800 PROVINCE OF NEW-HAMPSHIRE. [1721. mentioned, provided it no way iafring-e ou or interfere with any former grants, possessions or proiiertys. Eichard Waldron, Clcr. Con. Robert Armstrong, Esq., Dept. Snrveyor, being sent for ap- peared at the board, of whom his Excellency demanded an account of the strey and wast of the pine Timber which is reported to have been lately committed in the King's woods, and directed [p. 178.] him forthwith strictly to examiu that matter, that the truth thereof may appear upon oath. In Coun: as Supream Probate. Sam' Penhallow, Esq., in tlie capacity of Adm'' on the Estate of John Cutt of Portsm" deceased, made a motion at the board, That Eliz" Brian, the widow of the deceased, was administratrix with him, and refused to act with him as such, wiiereby the settlement of the Intestate's Estate was retarded : upon which it is Ordered, That the said Eliz'' Brian be cited to appear at the board on Monday next, at 10 o'clock a. m., to show cause why she does not proceed in the administration aforesaid ; and upon her refusal to appear, that another adm"' be appointed in her room. Rich'i Waldron, Cler. Con. A Petition directed to the General Assem: syned by James Jeflrey, by ord"' of the selectmen. Attorney for the town of Poi"ts- mouth, praying for a re-hearing of a case about a highway (1) laid out through Mrs. Jose's land, read at this board, and ordered, That it be heard and considered tomorrow, at 10 o'clock a. m., and that other partys be notifyed to attend accordingly, Eich'i Waldron, Cler. Con. A petition signed Thomas Phipps, praying for an ord"" to revive a case between Thorn" Palmer, Esq., and Capt. Eben'' Wentworth, read at the board and sent down by the Clerk, with a vote of Council in relation thereto. Adjomcd till 3 o'clock, r. m. (1) [From the Journal of tlie House.] April 22. Whereas it appears to this house that it is liighly necessary that there be one or more Geiil ofiicers chosen for surveying- land within this province: Voted. Tliathis Excellency & j^e Honble lioard be desired to joyn vrithj-e Represen- tatives, in choosing a committee of both houses to forme a bill for regulating ye affaire : & Thsit tlio Highways in ye several towns wthin this Province may be repaired by abor umler ye direction of surveyors, as formerly. Voted, tliat an Act be made against Cards an Dice, and all other gaming in any Pub- lick house within this Province, or any of the depeudencys thereof. Eph. Dennet, Cler. Assm. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 801 [r. 179.] Tro: N. Ilamp''. Mett again according to adjornm'. Present as Before. A message to the board by Capt. Tibbits, witb a vote for a Com- mittee to prepare a bill against any Illegal trade witb Cape Briton, which was concurred with, and a Committee from the board ap- pointed and sent doAvn for concui'reiice. The ])etition of John Knight, jNIoscs Dam and Richard Down- ing, selectmen of Newington, directed to the Gen' Assem: and preferred by I\Ir. Jno. Dam, praying for a dividing line between Tortsmouth and said Newington, was read at tlie board. The petition of William Wallis, liich'* Jennis, and others, di- rected to the Gen^ Assem : praying for a Pai'ish by metes and bounds, as therein exprest, namely, part of Portsm", part of Xew Castle, and part of Hampton, was read at the board, as on tile. A message to the board by Capt. Greenough, with the following votes: Voted, That an Act be past to prevent the Illegal trade with Cape Briton, and that a Committee be chosen to draw a bill ac- cordingl}'. Eph" Dennet, Cier. Assem. Eodem die. In Conn: Concurred, and voted, Tliat Geo. Jaftrey and Tliomas Packer, Esqs., be of the Committee to joyn such as may be chosen by the house, to prepare the said bill. Kicli'i Waldron, Cler. Con. In the liouse of E.ej)resents. Voted, That Capt. AViggin and Mr. Dam be a Committee to joyn w"' a Committee in the u^jper house to draw a bill relating to y*" trade at Briton. Eph'' Dennet, Cler. Assem. Adjorned till tomorrow, 9 o'clock, a. m. [p. 180.] Pro:N. IIamp^ At a Gen' Assembly held at Portsmouth by adjournm', xVpril 22**, 1721. Present in Coun : His Excellency Samuel Shute, Esq., Gov% His Hon'" John "Wentworth, Esq., Lt. Gov% Sam' Peuiiallow, ^ Shad. Walton, j) MarkHunking, > Esqs. Rich'' W^ibird, > Esqs. Geo. Jatirey, ) Tlio^ Westbrook, 3 A message to the board by Sam' Easman, Esq., and Mr. John 61 802 rROTIXCE OP NEW-HAMPSHIRE. [1721. Dam with y"^ votes of the house for preparing- several hills, name- ly against gaminy in liuhlick houses, An addition to the Act ahout Grammar Schools, and concerning surveyors of high- "waj's : — which were read and concurred with, and sent down to the house, pr Sam' Penhallow, Esq. Mr. Justice Moody & Rich'^ Yeaton, a selectman of Gospert, being summoned, appeared at the board, to show cause why the Treasurer's precept requiring an assessment on the Iidiabitants of said Gospert has not hitherto been complyed with ; and the s'^ Yeaton presented a petition, signed by himself, in behalf of the Inhabitants of the said Town, containing several reasons for their neglect as before mentioned, and praying to be excused paying any Prov: tax at present, for the reasons therein exprest, as on file ; — which being fully heard, it was considered by his Excellen- cy and the honourable board, and Resolved, That the former ord'' of Gen' Assem: be strictly attended, and that the selectmen and asses" of Gospert forthwith comiolj^ with the Treasurer's precept aforesaid, which they already have, and pay the sum therein men- tioned by the tenth of June next ; and so from time to time as they shall receive any other, and tliat the Selectmen pay thirty shills' to the office — being the charge of serving y<^ summon. Rich'' AValdron, Cler. Con. [p. 181.] The Selectmen of Portsmouth appeared at the Coun : board to prosecute their petition about Mrs. Jose's highway, pre- ferred yesterday, and Mr. Pray(l) appeared to answer, and the argument on each side being fully heard, It is Ordered, That the surveyors of highways to be chosen for the town of Portsmouth for y" present year, survey the highway men- tioned in said petition, and report to the Gov'' and Council at the sessions of Gen' Assembly in Autumn next howniuch land is contained iu said way, and what the worth of said land is. Richard AValdron, Cler. Con. A message to the board by Capt, Tibbitts & Capt. Gillman, with two votes, one for striking «fc Issuing twenty thousand pounds bills of creditt, which was read and non concurred — nem- ine contradicente — and returned to the house bj' the Clerk of y"^ Council. (1) John Pray seems to have been a lawyer of Portsmouth. In 1727, "an Inven- tory of the Polls and Estates of the Town of Portsmouth, was taken by Messrs. Ste- lihen Greenleaf and John Pray, according to an order of Government." — Brewster's Uamhles ahout Porismontli, p. 157. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 803 Tlie other a vote for rectilling- y' souklcry from the East^Y'' w'^'' Tvas eoncurred with iuid'is as follows: Voted, That the souldiers at the Eastward be brought home, and if there be occasion that they be improved in the frontiers of our own Province. Eph'' Deunct, Clr. Asscm. In Conn : April 22'^ 1721. Concurred. IJich'' AVuldron, Cler. Con. A message to the house by Sam' Penliallow, Esq., with a vote of the board for preparing a bill against riotous & tumultuous(l) Assemblys .Jcc Adjourned till Monday, 9 o'clock A. Ai. [p. 181.] Pro: N. IIamp^ At a Gen' Assem. lield at Portsm° by adjonuTi', April 21"^ 1721. His Excellency Samuel Shute, Esq., Gov'', Ilis Hon'' John Wentworth, Esq.,Lt. Gov'', Sam' renhallow, ^ Shad. Walton, ) Mark Hanking, VEsqs. Kich'' Wibird, > Esqs. Geo. Jati'ry, ) Thoiu'' Wcstbrook, ) Geo. Jatfrey, Esq., from the Committee appointed to pi'epare a bill ag'' an illegal trade with Cape Breton, laid the said bill befoi'e the board, Avhich had a first, second and third reading, and past to be ingrost, and voted to be sent down for concurrence by the Clerk. The petition of John Sherburn, praying a Committee may be appointed to lay out some lautls for him at Xew Castle, read at y* board. The petition of John Knight, Moses Dam and Rich'' Downing, read the 2P' inst., again read at the board. Eliza Brian, Adrainis''' upon the Estate of John Cutt, deceased, being summoned, appeared at the board to show cause why slie neglected to proceed in the administration witli Sam' Penhallow, Esq., as adm'"" w"" her on the said Estate : upon hearing what she olfered, it was Resolved, (1) [From Journal of the bouse.] April 22, 1721. Voted, Tli:it an acMilion be maile unto ye Act of Criminal offenders, to prevent Riots for the better preserving of the Peace within this Province. 804 PROVINCE OF NEW-HAMPSHIRE. [1721. In Coun: as y* Supream Probate, Tliat a third person be joyned Avith tlie said Sam' Penhallow, Esq., & Eliz" Brian, as adm™ on the Estate aforesaid, and that tlie said Eliz" Brian should have liberty to nominate the said third person, provided she did by 3 o'clock afternoon. Kich'i Waldron, Cler. Con. A message to tlie liouse by y<^ Cler. of y*^ Coun : with a vote for a Committee to prepare a bill limitting and ascertaining' the price of Species for the next year, to be paid into y^ treasury, which bill to be laid before the Gen' Assem. next Autumn session. [i\ 182.] A messag-e to the board by Col. Davis w^"" the bill ag^' an illcg-al trade witli Cape Breton, concurred with in the house, and voted to be engrost. A message to the house by the Clerk of y" Council with the pe- tition of John Sherburn this day read at the board. Adjourned till 3 o'clock r. jr. Pro : N. namxi'. Mett according to adjournment:. Present as Belbre. Ordered, that tlie Capt. of the Castle stop all vessels from Eu- rope and the West Indies, that Inquiry may b? made wlicther there be any infectious diseases on board, &c. Kich'i Waldron, Cler. Con. A message to the board by Capt. Tibbets and Mr. Dam, with the petition of John Sherburn sent down in the morning, and a vote thei'eon, nameh', granting- the prayer thereof: — wliich peti- tion and vote are ordered to lye under consideration till next Au- tumn session. A bill Entituled an additional Act to an Act for punishing crim- inal oftenders, and for the further preventing tumults and riotous assem : laid before the board by Samuel Penhallow, Esq., read and past to be engrost. A message to the board by Capt. Tibbetts & Mr. Dam, with the petition of Joseph Chesley, praying for an allowance out of the treasury, in consideration of his being wounded by John Davis, with a vote for granting the petitioner twenty pounds, which vote was non-concurred with & sent down to the house of Geo: Jatf- ry, Esq., by whom the petition was also returned. [r. l-So.] A message to the house by Thom^ Westbrook, Esq., 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 805 "with a vote for cutting a road from Cochccho to Winnipistioky pond. Ordered, that tlie Postmaster be allowed three pounds out of the treasury for the service of tlie last year. Adjourned till tomorrow, half an hour after 8 o'clock, morning. Pro : N. Hamp^ At a General Assem : held at Portsmouth hy adjourum' April 20"", 1721. Present in Coun : His Excellency Samuel Shute, Esq., Gov'', His Hon"" John WeutAVorth, Esq., Lt. Gov^ Sam' Penhallow, ) -p Shad. AValton, ? ^ Mark Ilunking, I ^^^^' liidr' Wibird, I ^''^^'" Thom' AVestbrook, Esq. A message to the board by Cai)t. Daniel Greenough, with the petition of Thomas Phipps, Esq., in behalf of Thomas Palmer, Esq., and vote thereon. The petition on file, and the vote as follows : In Coun : Voted, That the case formerly commenced by Thomas Palmer, Esq., versus Capt. Eben'' Wentworth, which was stopped by the not sitting of the Court of Appeals in Novem'' last, be revived and heard by the said court of Appeals, upon the first Wednesday of the session of the General Assem: in Autumn next; and that each party have twenty days' notice before the day of the Court's sitting. April 2P', 1721. Ric'^ Waldron, Cler. Con. In the liouse of Represeu'^ Read and voted a concurrence. 24*'^ April, 1721. Eph'' Dennet, Cler. Assem. [p. 184.] A message to the board by Capt. Greenough with a vote for granting John Hinks, Esq., fifteen pounds out of the treasury, which was read and non-concurred w*, and sent down to the house by the clerk of the Coun : A message to the board by Capt. Tibbits with a bill entituled an act in addition to an act to prevent damage by horses, i)ast to be engrost (1). (1) [Prom Journal of the House.] Whereas there is a Law in this Province wliieli ohliilgeth all horses and Hors kind t ) be ke[)t in fetters from ye last of March to je last of octo'r, which giveth a liberty of live months for those horses to trape ovor fences and tread and siioil our meadows, much to ye Damage of many people : 806 PROVINCE OF NEW-HAMPSHIRE. [1721, Sam' Penliallow laid before the board a bill cntitulcd an Act for better reg-ulatiug high wayes, which was read and past to be engrost, and sent down to the house for concurrence by the Clerk ; and by the same, the bill against riotous assemblys, which past at y** board yesterday. A message of the board to tlie House by the clerk with a vote for calling in all the fifteen shilling & fifteeu penny bills. Ordered, That Capt. Wibird be an adm"" on the estate of John Cntt, deceased, to joyn with Samuel Penhallow, Esq., & Eliz* Brian, the adm" already appointed for that Estate, and upon refusal of either of the partys to act, what the other two do, to be valid in law. A message to the board by ]\Ir. Dennct, w"' the vote of Conn : for calling in y'' tifteen shilling & fifteen penny bills, praying the said vote might be und'^ consideration till the next sessions. A message to the house by Sam' Penhallow, Esq., with a vote for stopping a process brought by Capt. Henry Sherburn ag'*' him, the said Penhallow, in the capacity of adm"' on the estate of John Cutt, deceased, which vote was brought back to the board by the said Samuel Penhallow, Esq., concurred w"' in the house, & is as follows : In Couu: Voted, That the case depending between Capt. Henry Sherburn plan' and Sam' Penhallow, Esq., in the capacity of Adm'' on y*' Estate of John Cutt, deceased, defend', which case is continued to the Inferiour Court in June next, be dismist at the said Court, and that the plan' may begin De novo, [p. 185.] for that Capt. Wibird is added by the Supream Probate, as an adm'' on the[afore- said intestate's Estate. April 20'", 1711. Riclimnran(him. That one tliousaml pound be of this pajxl in to the Treasury this presdut year. — Joarn. of the Iljiise, Apr. 'ZiJth. 808 PROVINCE OF NEW-IIAMPSIIIltE. [1721. Ill the House of Represen'*. licad and concurred. Epli" Denuct, Clcr. Assoin. Voted, Tliat Mr. Speaker Peirce, Capt. Odiorue and Mr. Deu- iiet be a committee from this house to joyn those chosen in the upper house for y<= end abovesaid. Eph" Dcnnet, Cler Assem. Voted, That his Excellency be i)resented with one hundred pounds to be paid out of the Treasury of this province in bills of cveditt. April 25"', 1721. Eph^ Dennet, Cler. Assem. In Coun : Eodem die, concurred. Eichard AValdron, Cler. Con. [p. 187.] The Gov'' directed the Clerk of y** Council to require y" attend** of y^ house of represent* at y* Council board. The Speaker and house came accordingij-, and the several bills here- after mentioned being i)assed in both houses and lugrost, were executed and enacted by signing and reading in in'esence of the whole Assembly, namely: 1. An Act ag*"' carrying on aii illegal trade Avith the French at Cape Breton, alias Louisburg, near the Gulf of St. Lawrence in America. 2. An additional Act to an Act for punishing criminal offen- ders, and for the further preventing tumults & riotous Asseniblys. 3. An Act in addition to an Act for the settlem' & support of Grammar Schools. 4. An Act to prevent Gaming in publick houses. 5. An Act in addition to an Act to prevent damages by horses. G. An act for the better regulating high ways. After signing and sealing the foregoing Acts, his Excellency was pleased to make the following speech to the Geu^ Assembly : Gent: — The afTairs of the Province of the Mass" bay requiring my ])resence, I find that you will not have time enough to tiuish y*" affairs you proposed to be done at our ])resent meeting; shall, therefore, quickly give you another opi)ortuni(y to eoiiq)leat them, and hope at yo'' next meeting you will think of ordering' some monv to go on with the repairs of Castle William and [i*. 188.] Mary. Gent: — I return you thanks for what you have given me towards my support, and wish you Avell home. Then the Clerk, by ord"' of his Excellency, Adjorned the General Assembly till the li"' day of May next. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 809 Pro: X. IIaInp^ At a Gen' Asscm. held at Poitsm" by adjornm*, May 16, 1721. Present in Conncill, The Hon^^'« John WenhvoiHi, Esq., Lt. Goy\ Sanii Pcnhallow, ^ Shad. Walton, j\Iark Tlnnking. > Esqs. Ivichard Wibird,. Geo. Jaflry, ) Thoni^ l*ack(»r, The honse of representatives (1) Avas direcled to attend'^ at y" Council board by order of his Hon"" the Lient. Gov^ who came accordingly, and to -\\iioin he made the following speech : Genflemen: — Gov"" Shute's aftairs of his other Government oblidged him to leave ns before the business of this Pi-ovince was finislied, which occasions my now seeing you; & I doubl not but you arc mett with dispositions for ])assing through the necessary business of the Govcrnnu'iit, for t]i(> etfecting of Avhicli my best endeavours shall not be wanting; and 1 shaU'promote every thing thai may tend to his Majesty's Interest, and the Avelli'arc of this Government. I recommend to your consideration y'' state of his jMaJeslv's fort, "VYilliani & Mary; and your care must be not oidy to raise mony for the repairing that f )rtification, but also for the putting it into a better posture of defence. You Avell know that every wise gov- erment prepares for war in a time of ])eaee: lam very sensible that y" circumstances of our present atfairs [p. 189.] Avill not admitt of great things; yet Ave nniy do something annually, so tluit in a fcAA" years we may have a very defensil)lc fortification. I hope what little Avas done tOAvards it last year Avill be to your sat- isfaction, and you may depend Avhat mony shall be rai.-ed here- after for that service shall be faitlifuUy ajjplyed. It has been the laudible character of this Government, and what has been our practice once a year, or oftener, to Address our prince on the Throne. I know his Excellency intended to have moA^ed it Avlien here, but going away in a hurry, I suppose it slipt liis memory, so that I think it a proper season noAV to shoAV our dulifull obedience to his Majesty King George, whom God has long continued to tlie British nation. You Avill also have an op- portunity to shoAV your respect to his Excellency our (Governor, thankfully acknowledging his IMajesty's favour in continuing a GoA^ernor to us so just to las Majesty's Interest, and willing to (1) [Frnm the Journal of tlie Rouse.] 15 May, 1721. Tlie house met accordiug to iirorogation. Present — Mr. Speaker, Eph : Dennet, Coll. Davis, Cap. Ortiorn, ^Ir. p:astnian, Cap. Greenough, Cap. Tibett, Cap. Gillman, Mr. Dam. The house is aitjourneil till tomorrow eight a o'clock. 16 May. A'oted, That Cap. Greeuough be Clark of this house till further order. 810 PRO\T\CE OF NEW-HAMPSHIRE. [1721. promote tlic best interest of this people. I am of the opinion that the keeping oiir port open is a disadvantage to the Govern- ment, so hoi)e you will take it und"' consideration. J. AVextwouth. Adjorn'' to to-morrow, 10 o'clock, a. ji. Pro : N. Ilamp'. At a General Assembh^ held at Portsmouth by adjournm' May 17"', 1721. Present in Conn : His Honour Jno. AVentwortli, Esq., Lt. Gov"", Sam' Penhallow, i Shad. "Walton, ^ Mark Ilnnkino-, > Esqs. Jvicli'MVibird, > Esqs. Geo: Jatlrey, ) Tlioni* Packer, ) The Committee appointed to receive tlie mony of tlie Committee for the tlfteen thousand pounds, Reported that tliey had received eight hundred & ten pounds, ten sliillings and nine pence, which was burnt to ashes in presence of the General Assembly. Adjorned till 3 o'clock, r. si. [p. 190.] Pro. N. Hamp''. Mett again according to adjornment. Present as Before. Adjorned till tomorrow. Pro: N. Hamp^ At a General Assembly ludd at Portsm* by adjornm' May 18"', 1721. Present in Coun : As Before, namely, His Hon"- Jolm AVentwortli, Esq., Lt. Gov% Sam' Penhallow. ) Sliad. Walton, ) JNIark Hanking, V Esqs. Picii'' Wibird. > Esqs. Geo. Jatlrey, ) Thom'' Packer, ) A message to the board by Capt. Tibbitts and Mr. Dennet, w"' the following vote : Voted, That a Committee be appointed to consider the expedi- ency of Emitting a further sum of bills of creditt of this province, and on Avhat foundation, and make report accordingly. The per- sons chosen for the aforesaid, are Capt. SherburU: Maj. Gillmau and Capt. Peirce, to joyn such as may be chosen by the board. 18"^ May, 1721. Daniel Greenough, Cler. Assem. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 811 In Conn : Head and oi-aered, That Mark Hmiking-, Geo: JaftVcy & Ricli- ard Wibird, Esqs., joyu w* the above (Jentlemeu as a Coimuitteo from this board. Sami Penhallow, Cler. Con, pro temp. A message to the board by :\raj. Gilbnau, with the following vote : In the house of Kel)rcscn'^ Voted, That Col. AValton be returned thanks for liis good ser. vice done this province at the Eastward,. & that he be presented with ten pounds to be paid out of the pnblick treasury. May IS*, 1721. Dan' Grecnough, Cler. Assem. In Coun : Concurred. Sam' renhallow, Cler. Qow. pro temp. Adiorncd till tomorrow. [p. 191.] Pro:N. IIamp^ At a Gen' Assem. held at Portsrn" by adjornmS May 19'S 1721. Present in Coun : His Hon-- John AYentworlli, Esq., Lt. GoV, Sam' renhallow, } Shad. Walton, J) ]\hirk lluiiking, > Esqs. ]fich'' AVibird, > Esqs. Geo. JalVrey, ) Tho'- Packer, ) A message to the board by Jotliam Odiorne, Esq., with the following vote : In the House of Pepresen♦^ Voted, That a Connnittee be cliosen (viz.), Capt. Odiorne, to survey the stores of powder belonging to his jMajesty's Fort Wil. liam and Mary, and to see the same delivered into the powder- house Avithin the said Fort, under the care of the Capt. for tlie time being, and that there be a report made to this house of the same. 19* May, 1721. Daniel Greenough, Cler. Assem. Eodem die. In Coun : Voted a Concurrence, and tliat George Jaffrey, Esq., be of the board to joyn in the above service. Sam' Penhallow, Cler. Con. irro temp. A vote was sent up impowering the Treasurer to recover and receive the interest of the public mony lett out to the several Gen- tlemen, Avhicli was approved of at y" board. Adjorned till tomorrow. 812 PROVINCE OF NEW-HAMPSHIRE, [1721. Pro. N. Ilauii/. At a (ron^ Asscin: held at Portsm° by adjorumS May 20"^, 1719. Present in Cuun : His Honour John Wentworth, E=q., Lt. Gov"", Sara' Penhallow, ) Sliad. Walton, ) Murk Hanking-, > Esqs. liich'^ AVibird, > Esqs. Geo. Jaffrey, ) Thoin'* Packer, ) A message to the board by Mr. Dennet, w"' the petition of Eliz* Sloper, & papers belonging thereto. Adjourned till to-morrow, 9 o'clock, a, m. [p. 192.] Pro:N. Hamp'. At a General Assembly held at Portsm" by adjornm', May 21''', 1721. Present in Conn : His Hon"" John Wentworth, Esq., Lt. Gov', Samuel Penhallow, ^ Shad. Walton, ^ Mark Hanking, > Esqs. Eich'MVibird, > Esqs. Geo. Jatirey, ) Thoin** Packer, ) Henry Sloper being sent for bj- a special Avarrant directed to the sheriff, was accordingly bronght to the board to answer for his vile and wicked reflections on & abuse of his Majesty's Govern- ment of this province, as sworn on file; and being heard thereon, it was considered, That the said Henry Sloper pay as a tine to his Majesty twenty pounds & costs taxed at fifty-five shillings and six pence, and recognize in Two hundred pounds, to be of good be- haviour for the year next ensuing, & stand committed till sen- tence performed. Pich'i Waldron, Clcr. Con. The above said Henry Sloper recognized according to the above order, and a copy of the said order was drawn out, directed & delivered to Mr. Benj" Acreman, to be executed upon the said Sloper. Ptich'J Waldron. A message to the board by George Jaffrey, Pich'^ Wibird and Tho'* Packer, Esqs., Avitli a scheme and projection for making and emitting ten thousand pounds, which was laid before the board by a Committee appointed to report that matter. Adjorncd till July 11"', 1721. 1721.] JOURNAL OF COUxNX'IL AND ASSEMBLY. 813 [p. 103.] Tro: N. IIamp^ At a General Asseiiiltly lioUl at Poiisnioiith by acljorumcui, July 11"', 1721. Present hi Conn: ITis Honour John Weutwortli, Esq., Lt. C;ov% Sami Tenhallow, ) Sluul. Walton, ^ Geo. JallVey, V Esqs. Kiclf' Wibird, > Esqs. Mark llunking, ) Thoni'* Packer, ) A petition directed to the Hon"'" the Lieut Gov"^ & Council signed by four of the five selectmen of Portsmouth, and preferred by 3Ir. James JafTry, praying- for a wri'tt of Audita Querela (1) upon a case tryed at the Qr. Sessions relating to Mrs. Jose's high- way, was read at y" board and ordered that the petition be heard to-morrow at ten o'clock before noon, and that John Pray be noti- fyed thereof. ^ Eich-i ^Valdron, Cler. Cou. The petition of Israel Clifford, directed to the General Assem- bly, praying for an allowance out of the Treasury, in considera- tion of his being shot in the leg and much wounded on a Muster day at Hampton, read at the board and sent down by the Clerk. This day his Excellency the Gov" additional Instructions from the Lords Justices signifying his Majesty's will and pleasure re- lating to the striking or emitting any more bills. of creditt within this province, was read at the board, and then sent down and laicl before the house by the Clerk. Adjorned till 3 o'clock p. 31. Pro: IST. Ilamp'". Mett according to adjornment. Present in Couu: As Before. [p. 194.] A message to the board by Mr. John Dam with the Lords Justices' Instructions to the GoV, w'^'^ were read in the house (2). (1) In law, when a defendant or bail, against whom judgment has been recovered, comphains that he has ah-eady ratified the demand, or been released from it, an audita querela is a writ in the nature of a bill in equity, directed to the Court, enjoining it to hear the parties and cause justice to be done them.— Jf'e6. Die. (2) [From the Journal of the House.] By ye Lords Justices Parker, Townsond, Craggs, New Castle & Devonshr. Additional Instructions to Saml. Shute, Esii-, his:sia.iests Cap. General and Governour- in-Chief of his ^lajests Province of New Hampr, in New England, in America, or to ye Commander-in-chief of his Majestys Province of New Hampr for ye time being: Given at Whitehall, ye twenty seventh day of Septemr, 1720, in ye seventh year of his Miijet's I-leign. 814 PaOVINCE OF NEW-HAMPSHIRE. [1721. A message to tlie house by George Jaffrey, Shad. Walton, Esq., with the petition of Docf Allen, praying for an allowance out of tlie treasuiy for his administration to y" New Ilamp"" Souldiers at the eastward in quality of a surgeon. Adjourned till to-morrow, 10 o'clock, A. M. Pro. N. llamp'. At a General Assembly held at Portsm° by adjournment, July 12'^, 1721. Present in Coun : His Hon"" John AVentworth, Esq., Lt. Gov"", Samuel Penhallow, } t^-. ^ Geo. Jaffrey, ? ^^ Mark Hunking, I ^**^1^- Shad. Walton, (, ^^^''^• Eichd Wibird, Esq. Mr. James Jaffry, in behalf of the Selectmen of Portsmouth, appeared at the board to prosecute their petition preferred yester- day, and Mr. John Pray appeared to answer according to notilica- tion ; and objected that the Selectmen Avere not qualifyed to pros- ecute the said petition or suit, without a special vote of the town impowering them so to do ; — which being considered. It is re- solved that the process be dismist, the prosecutors not appearing according to law. Eich'i Waldron, Cler. Con. Adjorned till 3 o'clock, r. :*r. Pro : N. Ilamp'. Mett again according to adjournment. Present as Before. Mr. Jonathan Wiggin appeared at the board to prosecute his petition preferred in April last, praying for a grunt of the Ferry Whereas Actts have been passed in some of his Majesties Plantations in America, for striking Bills of Creditt and issuing out ye same in lieu of mony, in order to discharge their publick Debts and for other purposes, from whence several inconveniences have arose; it is therefore his ;Majests Will and Pleasure, that for ye future, you do not Give your assent to or pass any Act in his Majests Province of New Hampir, under your Government, whereby Bills of Credit may be struck or Issued in lieu of mony or for Payment of mony either to you, ye Governour, or to ye Comander-in-chief, or to any of ye members of his Majesties Council, or of ye Assembly of ye said Province of New Hampr, or to any other person whatsoever, without a clause be inserted in such Actt declaring yt ye same shall not take effect untill ye sd Actt shall have been ap- proved and confirmed by his Maijesty, excepting Actts for raising and settling a Pub- lick Revenue for defraying ye necessary charge of ye Government of ye sd Province of N. Il.impr, according to ye Instructions already given you. By their Excellencies' command. Charles Delafat. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY, 815 Oil the south side Exeter vivcr; aiul roLurn being- nicaile by an offi- cer untl'' oatli, that Uich'^ Hilton, Esq., had been notifyed of said petition, and tlic hearing appointed upon it. The House of rep- resen'-* were sent for to the board by the Cleric, and the Speaker and house came accordingly; and after hearing tlie subject mat- ter of the petition and what related thereto, withdrew to their own chamber to consider thei'eof. [p. 195.] A message to the board by Mr. John Dam with a vote for striking and Emitting tifteen thousand pounds bills of creditt, w"' a saving clause according to the Instructions to the Gov'' read at y'^ board yesterday, which was sent down to the house by Geo : JatiVy and Kicli^^ Wibird, Esqs., for further consid- eration & amend'"'. Adjorned till tomorrow, 10 o'clock, A. m. Pro : X. IIamp^ At a Gen' Assembly held at Portsm" by adjornin' July li)"', 1721. Present in Conn : His Hon"" John AYentworth, Esq., Lt. Gov% Sam' Pcnhallow, ) Shad. Walton, j) Mark llunkhig, > Esqs. Pich'MVibird, > Esqs. Geo. Jatiry, ^ ) Thom" Packer, ) A message to the board by Mr. Dam, with the following vote: Voted, That Jonathan Wiggin shall have the ferry at Stratham, on the south side of Exeter river over against Capt. Eichard Hil- ton's house, and the improvem' thereof, for the space of twenty nine years and half, Irom y" date hereof; he finding and i)rovid- ing a sufficient boat and canoe for transportation of travellers, takeing for each horse and i-ider six pence and no more, and for each single person two pence and no more ; provided that the said Wiggin allow to all travellers sufficient Avays or passage from the King's road down to tlie ferry as the ways now go, he having the liberty of hanging Gates where needful in said ways, he always keeping his bridge and cosway in repair at his own cost and charge, and to have liberty to sell beer and Cyder free of Excise, and to give due attendance, on the penalty provided in the law in the like cases, and that said penalty shall not be in force ag"' said ■\Yiggin untill the twenty fifth day of March next after the date hereof. July 13"*, 1721. Dan' Greenough, Cler. Assem. In Conn: Eodem die, Concurred. Eich'' Waldron, Cler. Con. 816 PROVINCE OF NEW-HAMPSHIRE. [1721. [p. 19G.] Mr. John Sherburn appeavd at the board to prosecvttc his petition preferred in April last, praying a committee might be appointed to layout some grants of land for him; and being- heard at y'^ board and in tlie house of represen''* upon his petition, It was Voted in the house and sent up by Mr. Jno. Dam as fol- lows: '(viz.) The petition of John Slierburn praying for a committee to lay out his land as in said petition mentioned, being read in the house of reprcsen'', Voted, That the prayer of the x)etition be granted. Eph" Dennet, Cler. Assem. In Council. July 13*, 1721. Concurred, and voted that the Lott-layers of the town of Portsmouth be the conniiittee to lay out the land mentioned in s'' petition, and that they notify' the Lott-layers of New Castle to be present, if they see meet, wlien the said pieces of land shall be laid out, and that such laying out and record thereof in the town-book shall l)e deemed good and valiil in the law, as if laid out by the lott-layers of the same toAvn. Eich>i Waldron, Cler. Con. A message to the board by Capt. Jno. Gillman, with the follow- ing vote : Whereas the Title of the Act past in Gen' Sessions of the prov- ince in April last relating to riotous Assemblys & riots, has occa- sioned great discourse and many reflections; — It is the desire of the house of representatives that said vVct be not printed. 13'!^ July, 1721. Dan' Greenough, Cler. Assem. In Council. Voted, T:iat the printing the Act abovesaid be suspended for y« present. Rich'i Waldron, Cler. Con. Adjourned till tomorrow, 10 o'clock, a. m. [p. 107.] At a Gen' Assembly held at Ports- mouth by adjornm', July 14, 1721, Present in Council, His Hon"" Johu Wentworth, Esq., Lt. Gov% Sam'I\"nhallow,) Shad. Walton, } Mark Hunking, V Esqs. lliclv' AVibird, V Esqs. Geo. JuitVy. ) Thom^ Westbrook, ) A message to the board by Mr. Dennet, Mr. Dam and Capt. Greenougli, v.^ith a vote for postponing the paym' of the thousand pouuds payable into the treasury this year until the year 1728. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 817 By the same message two other votes; the one about excise, the other pedlars, (1) -whicli being read were returned to the liouse hy Geo: JaftVy and llich'' Wibird, Esqs., for further consideration and amendment. A message to tlie board by Mr. John Dam with the following vote : ' « In the House of Representatives. Tursuant to a vote of Assem. past 19"' May, 1721, for making and emitting a sum of bills of credit, Voted, that Mr. Speaker Peirce, Capt. Sherburn, ]\Iaj=' (iillman and Capt. AViggin be a committee to joyn such as may be chosen iu the upper house, to form an Act for y'= printing a sum of bills, of credit on a good foundation, to be sent liomc for the royal assent. 12 July, 1721. Dani Greenough, Cler. Assem. In Council. July 14"' 1721. Concurred, and Samuel Pcidiallovr, Geo. Jaflry, Richard Wibird, and Thorn** Packer, Esqs., appointed for the ser- vice above. Rich'^ Waldron, Cler. Con. Adjorued till 3 o'clock, r. :m. Pro : X. IIamp^ ]\[ett again according to adjournment. Present as Before. [p. 198.] Richard Ilaice and Eben"" Haies appeared at the board and humbly prayed they and John Ilaice miglit be poled of from the town of Portsmouth to Newington, Avhich was considered and a vote formed thereon and past and sent down by the clerk for concurrence. A message to the board by Mr. Dam w"' the following vote : In Coun : Voted, That Richai'd Ilaice and his sons John and Eben'' Iiaice be and hereby are discharged jjaying any tax w"'in the town of Portsmouth till further order of the General Assembly, but that they pay all their taxes within the precincts of !N"ewington, — that is to say, tlieir poll tax and tax for the estate on which they now live, — till the aforesaid further order. Rich'i Waldron, Cler. Con. (l)[From the Journal of the House.] Jul}' 14th. Voted, yt all I'edlers aud Incomers yt shall trade in this Province of Xew Hampsre shall pay 2| per cent, for all their trade as they shall give in upon oath. 52 818 PROVINCE OF NEW-HAMPSHIRE. [1721. Ilciul in the house of .Represeii'% And conciuTed Avith. Daniel Gi-eenough, Cler. Assem. A message to the board by Mr. John Dam w"^ the following- vote: Forasmuch as there are several tijjpling houses in this Province that privately sell strong drink without license, and are so very private in it that it is hard to make proof of y* same : Voted, That every Justice of the Peace within this Province be inipowered to summon all such persons as they shall have inform- ation of, that do at any time drink strong drink in any of those houses, and put them to their oath whether they pay for it either directly or indirectly ; and i\pon refusal to take such oath, to be sent to his Majesty's goal, there to remain until they take the oath as aforesaid ; and every person so .selling and being convicted pay a fine of five pounds, to be collected and disposed of as the Law provides in like cases . . . And that all licensed houses w'Mn this Province shall constantly be provided w*'' beer or Cyder for the refreshment of travellers, under penalty of paying ten shill- ings for every defect so often as they shall be found two days w"'ont it ; and that there be an Act drawn up accordingly ; And [p. 199.] that Maj. Gillman, Col. Davis «fc Capt. Odiorne be a committee to joyn with such as shall be chosen in the upper house to form said Act. 14 July, 1721. Danl. Greenough, Cler. Assem. In Council. July 11"'. Concurred, and Voted, That Sam' Penhallow, Geo. Jaffrey and Eich'' Wibird, Esqs., be of the Committee for the ser- vice above. Rich'i Waldron, Cler. Con. Adjorued till tomorrow, 10 o'clock, a. m. Pro: N. Hamiy. At a Gen' Assembly held at Ports- mouth by adjornm', July 15*, 1721. Present in Coun: Ilis Hon'" John Wentworth, Esq., Lt. Gov% Sam' Penhallow, ? ^ Geo. Jaflry, ? ^ Mark llunking, ^ ^''^-- Iiich<' Wibird, I ^'-^^^ Thorn" Packer, Esq. This dav the Grand Committee for the management of the fifteen 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 819 thousand pounds, paid to tlic General Assembly two hundred and thu-ty-four pounds live shilliug-s and six pence, -wliich was burnt to ashes, and of which said sum the Grand Conunittee are hereby discharged. A message to the board by Mr. Dennet praying an answer to the vote of the house for postponing the payment of the tliousaud pounds payable into the Treasury this year, until the year 1728, Avhich was sent up yesterday. A message to the House by Geo. Jaftry, Esq., to inform thom that their vote for postponing the payment of the thousand pound aforesaid would lye upon the board for consideration till Septem- ber next, and that the treasurer should not issue out his warrants for the same in ye mean time. A message to the board by INIr. Dennet, Capt. Odiornc and Capt. Gillman, w"^ the foHowing vote : [r, 200.] In the House of Kepresen'^ Voted, That his Hon'' the Lieut. Gov'' be presented w"* one lum- dred pounds, to be paid him out of the Excise in Specie. IJ* July, 1721. Dan' Greenough, Cler. Assem. In Conn : Eodem die, Concurred. Rich'i AValdron, Cler. Con. A message to the board by Col. Davis «fc Capt. Gillman, w"* the following vote: It is tlie desire of the House of Representatives that there may be a receiver at Dover and Exeter of the Duty of the Boards mentioned in the Act. Dan' CJreenongh, Cler. Assem. A message to the board by Mr. Deiniet, with a bill entituled An Act for granting unto his ^Majesty several Dutys of Impost, Ex- port and Excise, &c., which had been read in the house and past to be Enacted; wdiich said bill was read at the board, and also past to be enacted, and was accordingly enacted by signing, seal- ing, (1) &c. Adjourned till Thursday, the 20"^ instant. (1) [From Journal of the House.] 14th July, 1721. Voted, 1. That there be an Actt of Excise, Import & Export, vir. 2cllj'. Yt all rum importeil from ye place of its growth shall pay 10s pr Hhd., and so pro rata for lesser or Greater Quantities. 3d. Ytall Rum Imported from anyplace but j-e i>lace of its growth shal pay 20s pr Hhd., and so pro rata, for lesser or Greater Quantities. 4. Yt Cannary and Mailara Wine shall pay 20s pr Pipe, yt is imported from any place but the place of growth, and so pro rata. 820 PROVINCE OF NEW-HAMPSHIRE. [1721. [p. 201.] Pro:X. Hamp^ At a General Assembly held at Portsm", by atljornmS July 20*"^, 1721. Present in Council, His lion"" John Wentworth, Esq., Lieut. Gov"", Sam' Penhallow, ? -^.^^^ Shad. Walton, ) j^ Geo : JatiVy, J ^^1^' Pich'i Wibird, I ^"i'- Thorn" Packer, Esq. The petition of Samuel Bracket praying a committee might be appointed to lay out some grants of land for him iu the town of N. Castle, for reasons therein mentioned, read at the board and sent down to the house by the clerk. The petition of the town of Portsm'' signed by James JafTry, agent and attorney for the s"^ town, praying for a special Act to enable the s'^ town to have a re-hearing of a case between them and Mr. John Pray, relating to a high way through Mrs. Jose's land, read at the board and sent down by the clerk. Adjorned till 3 o'clock, p. m. Pro. N. I^amp^ Mett again according to adjornm'. Present in Coun : as Before. Jotham Odiornc, Esq., appointed Impost officer, and Mr. Clem* 5. Yt Canary and INIadara Wine imjiorted from ye place of growth filial pay 10s i)r Pipe, & so pro rata. 0. Yt Fiall and St. George's Wine sbal pay 153 pr Pipe that i.s Imported from any place bat ye jilace of growth, & so pro rata. 7. Yt all Fiall and St. George's wine shall pay Bs pr Pipe imiwrted from yc place of growth, &c. 8. Yt all Taverners and Innholders pay 8d pr Gall, for Rum and wino and all spirits; and Is. Gd. pr Barll for Cyder Excise. 9. Yt all Retailers Pay 2d. pr Gall, on Rum and wine, which .shal be paid in Frovinco bills of Cr. or Merchtble winter Fish at ye price as it shal bear in ye month of Juno annually, to a Receiver apointed lor that purjjose. 10. Vt all Boards exported from this Port shal jiay 2s. pr M., except what is exported for Europe or ye West Indies, which shal bo paid in Pro: bills of Cr. or Merchble Boards at ye currant price, to a receiver appointed for that puri)osc. 11. Vt ye Duties and Excise be paid iu species or Prov : Bills of Cr. 12. Yt all Taverners, Inholders and Retailers .shal be under Oath 4 times in a year to ye Quantity of Liquor they draw, and that all masters of sloops shal be under oath likewise to what Liquor they bring into this province. 13. That all merchble Fish exported from this Province, except what shal be Exported to Foreign parts, shal pay 12d. pr Quintal, to be pd in Prov: Bills of Cr. or specie. 14. Vt all Taverners and Retailers be allov/ed 1-5 [one-fifth] part for wastage. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 821 Hughes commissioner of Excise for one year, and ordered that warniius be forthw"' prepai-ed accordingly. A messao-e to the board by Capt. Sherburu with the report of the Committee of Audit and the votes thereon, as follows: Pro: N. llamp--, April 10"', 1721. At a meeting- of the committee for uudifing the province ac- counts, the following accounts allowed: 1. Account, satisniclion made for the death of Indian Hannock, supposed to be murthered in the i)rovince, and the Lt. Gov'', &c., going Eastward to make the present £91: 11: 5 [p. 202.] 2. Muster Eoll signed by Capt. Moody, sol- diers at the Eastward under his command . 203 : 7 : 3 3. Tlie Treasurers accS provisions, &c., for s"! sold™ 245: 2: 5 4. ThcTreasurer'sparticiilar ace' of sundry disbursui'MSB: 8: 7 5. Disbursements on the Trison . . . . 5(5: 18: 6. Mr. Clerk Waldron's account . . . . 58: 0: 7. Doct. Robert Pike for administrations on Wm. 8. AVhite, a sold'r at the Fort, referred to Gen' Assem. 9. Col. AYeare as pr his ace' 3: 0: 10. Mr. Thom** Dean 0:6:6 11. Ito])ert Coats for Light-house & other work at y® fort 14: 10: 7 12. Do. for mason's work at y" fort . . . . 12: 5: 13. Geo. Peirce for iron work at y® Prison . . 13: 0: 14. llich'^ Perry, Lock smith, for mending arms . 1: 0: The foregoing ace' allowed by us . . £885: 12: 9 John Gillman, Mark Tlunking, Jotham Odiorne, Geo: Jaftry, Peter Wear, Eich'i Wibird. Li y"^ house of Reprcsen'S Voted, That the several sums annexed to the several names in the within account be allowd to be paid, as also 20s. to Rob' Coates for his trouble ab' the light house, as pr his ace' £1:1:0, and to Dr. Pike for medicines to ^Vm. White, as pr his ace', 4: 0: 0. 15 July, 1721. Daniel Greeuough, Clerk Assem. In Council. July 20"', 1721. Concurred. Rich'i Waldron, Cler. Con. A message to the board by Jotham Odiorne, Esq., w"* the Peti- tion of y'^ town of Portsm" sent dowu in the morning, ou which are indorsed the following votes : 822 PROVINCE OP NEW-HAMPSHIRE. [1721. The within petition read in the liouse of Itepresent" and sus- pended till J" next sessions, that there may be notice given to Mr. Pray to appear. July 20, 1721. Dan' Greenough Cler. Assem. Eodem die. Concurred in Coun : Rich*^ Waldron, Cler. Con, Prorogued to 7br 14, 1721. Furtlier Prorogued to 8br 3d, 1721. [p. 203.] Pro. N. Hamp^ At a General Assem. held at Portsm°, b}' prorogation, October 3'', 1721. Present in Coun : His Hon"' John Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ? ^ ,. , Geo. Jafirev, ? -^ Mark lluuking, ^ ^-^i*" Eichi AVibird, I ^•'^■^• Thorn* Packer, Esq. The attendance of the house of Pepresentatives (being desired) at the board, the Speaker and house came accordingly, to whom his Honour was pleased to make the following speech. Gentlemen: — I am to acquaint you that I received a letter from his Excellency, Gov. Shute, bearing date y^ 2.5"^ Sept. last past, in which he advises me that he is not able to perform his journey to New Hampshire tliis sessions, by reason of a fall he received some time since, so that we may not expect his Excellency here this winter. You may Remember in our last sessions that we did not pass on the raising any mony for the necessary and now growing charges of the Gov""' for the year 1721, which is pretty far advanced: I therefore now would recommend it to your consid- eration. The forces employed on the Eastern frontiers do and will call for mony to support them. I have inquired into tlie state of the Treasury, and tind by Mr. Treasurer that Ave have no money in the Treasury, and so not to answer the demands that are now upon him. The Impost and Excise Act, being laid on so late in the year that we shall not feel the strength and benefit thereof this winter, the greatest part of our boards being exported before the Act tookplawe; so hope you will take it into consideration and pro- vide such supplys as may be wanting for y'= hon'"''^ support of this his Maj'>^ Govem*. And if you have any thing else to offer that may be for the ser- vice of the Crown and the good of this Province, you shall not want my best endeavors to promote it. 8br, 1721. Jo. Wentwokth. Adjorued till 3 o'clock, p. M. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 823 [p. 204,] Pro: N. Ilamp"'. ]\[ett agaiu afcordiiig- to adjornm'. Pres' as Before. Adjoriicd till to-moiTOW, 10 o'clock, a. ji. Pro : N. IIa^ll)^ At a General Assembly held at Portsm" by adjoriiiuS 8br 4"', 1721. Present in Coun : His Honour John Wentwortli, Esq., Lt. Goa-"", Sani> Penhallow, ^ 81iad. Walton, ^ ]\Iark IlunUiuy, > Esqs. liiclr' AVibird, > Esqs. Geo. Jaftry, ) Thoni'' Packer, ) The Hon'"''' the Lt. GoV and Council having formed themselves into a Court of Appeals this day, pursuant to a vote of the Gen- eral Assem: bearing date April 24"% 1721, to hear a case between Capt. Eben"" AVentworth, Appel', and Tliomas Palmer, Esq., Appellee; and the Court being opened, and Capt. Eben"" AVent- "worth not appearing, the said Thomas Palmer, Esq., entered a complaint, viz.: Thorn' Palmer, Esq. Complan', versus Capt. Eben'' Wentworth, Defend'. For that the said Eben'' "Went- Tvortli had not fdcd reasons of Appeal, according to law, nor i)ros- ecuted his ai)peal according to his bond. A:c., as may fully ai)i)ear, retlerence being had to y" said (.'omplaint on tile; and this Com- l)lainant being fully heard ui)on his c()mi)laint. It is considered by the court. That the said Thomas Palmer. Esq., recover against the said Eben"" \Ventworth, one hundred and ninety pounds, lifteeu shillings, it being a contirmatiou of the Judgment Of \'= Superiour Court, and costs of Courts, taxed at seven pounds, ten shillings and two pence, — in all £198: o: 2. Rich'^ Waldron, Cler. Cou. [p. 205.] A message to the board by Mr. Dennet with a vote re- questing the Treasurer to lay before the House tlie State of the Treasury, who immediately presented them with a memorial thereof accordingly. Adjorned till 3 o'clock, r. >r. Pro : N. Ilamp'. Mett again according to adjornmcnt. Present in Coun : as Before. Adjorned till tomorrow, 10 o'clock, a. m. 824 PROVINCE OF NEW-HAMPSHIRE. [1721. Pro : N. Ilanii)''. At a Gen^ Assem: held at Portsm" by acljorum' 8bi- o*^, 1721. Present in Conncill, His Hon'' John Wentworth, Esq., Lt. Gov"", Sam' Pcnhallow, ^ Sliad. Walton, ^ j\Iark llunking, > Esqs. Eich'^ Wibird, > Esqs. Geo. JeftVy, 3 Tliom'' Packer, ) A message to the board by Mess" Sherbnrn, Dennet, Green- ough and Easman, Avith an answer to the Lieut. Gov" Speech, which said answer was sent back to the house by Geo : Jaffry, Esq.. to be reconsidered and amended(l). Adjorned till 3 o'clock, p. m. Pro: N. Hamp'. Mett again according to adjornmen'. Present in Coun : as Before. A message to the board by Samuel Easman, Esq., with the Rep- resentatives answer to his Hon" the Lieut. Gov" Speech (sent down in the morning to be reconsidered) without any alteration. [p. 206.] A message to the house by Sam' Pcnhallow & Shad. Walton w* their answer to the Lt. Gov" Speech, but now sent up by Samuel Easman, Esq., to desire their reconsideration of it & some amendments upon it. A message to the board by Capt. Samuel Tibbits with two votes, nameh', for postponing tbe tlionsand pounds payable into the treasury this year, till 1728, and for acquitting Constable Longfellow of twenty odd pounds due to the treasury, which (1 ) [The following is the Answer as contained in the Journal of the Honse, October 4th, 1721.] In answer to his Honours Speech. The House of Representatives are concerned for his Excellencies misfortune, that they cant have his Company here this sessions, according to expectation. We presumd y t at our last Sessions we had taken necessary care for ye support of ye Governmt for ye present year, as far as we had any view of ye growing charges, hav- ing then upward of eiglit hundred pounds & upwards in ye treasury, and a prospect of as much more by the Impost, &C. It appears to this house a Great Grievance that so many men should be drawn out of tliis province to sujiport ye Eastern frontiers, whereas our own Province is ex- poseil in our frontiers as much as theirs. And we pray Ids Excellency may be desired to return our men home, for yt we are humbly of opinion yt we are neither able nor oblidged to support our men there. So with great respect we are yr Hours Servts. [The Committee appointed to draw up the above answer, were Mr. Speaker Peirce, Col. Weare and Capt. Wij,'gia. — Ed.] 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 825 were sent down to the house by Sam' Penhallow aiid Geo. Jaffiy, Esqs., to be reconsidered. Adjorued till tomorrow, 10 o'clock, a. m. Pro: N. Ilampf. At a General Assem : held at Portsm" b}' adjonim' Octob'' 6"', 1721. Present in Conn: His Honour John AVeulworth, Esq., Lt. Gov'', Sam' Penhallow, ? -r. (^eo. Jaflrv, ? Mark Hunking, \ ^^^^' Sliad. Walton, S Thorn' Packer, Esq. A message to the board by Capt. Samuel Tibbitts av"' the an- swer of the House to his lion''** Speecli w"^ some alterations upon it, tho' the same in sid)stance as before, which was again sent down by Geo. JafFry and Rich'' AVibird, Esqs., to be yet further considered and amended. A message to the board by Capt. Wiggin w"^ a vote for post- poning the thousand pounds payable into the Treasury this year, until the year 1725. A message to the board b}^ Capt. Gillman with the house of represent^ Answer to his Hon'' Speech, which was accepted, & is as follows : May it please your Hon'". In answer to y'' Honour's Speech, AVe the repre-entaiives are grieved for his Excellency's misfortune, Avhich p'veius his seeing us this Sessions. As to provision for support of Government your honour recom- mends to us, we presumed [p. 207] that at our last sessions, upon the settlement of the Treasurer's Accounts, there being a ballance of about seven hundred pounds in his hands, that that sum w"^ the Impost and Excise dayly coming into the Treasury, would have been sulficient to defray the accrewing charges of the Prov- ince for this year, so farr as we had a view thereof, and would have been sutRcient to answer all demands, if his Excellency had not ordered such a number of forces into the Eastern parts, wliich to us is a great grievance, that our men should be drawn out of our Province to defend and cover that Country, when our Iron- tiers are as much ex])()sed, and Ave at expcnces of scouts at the same time ; vrherefore we pray that his Excell>' may be desired to give orders for the calling home our said men, we not being obliged to support them there, neither are we disposed to raise any mony for that service or allow any. AVith great respect, we are Yo' llou'^* Most Obed' Servants. 5"' Ocf, 1721. Josh* Peirce, Speaker. 826 PROVINCE OF NEW-HAMPSHIRE. [1721 A message to the board by Capt. Greenough w"^ the following votes : Voted, That an Act be past to pi'ohibit all trade and commerce with the Eastern Indians, and that a committee of both houses be chosen for the ends aforesaid. Oct. 6"% 1721, Dan' Greenough, Cler. Assem. Eodeni die. In Coun : Concurred. Rich'i Waldron, Cler. Con. In the House of Represen'^ Voted. That Cop Davis & Col" Wear be of y« Committee for this house to joyn such as may be chosen by the upper house to foi'm an Act to i^rohibit a trade and commerce with the Eastern Indians. Oct. G"', 1721. Dan' Greenough, Cler. Assem. In Coun : Eodem die. Concurred and Ordered, That Mr. JafFry & Col. Walton joyn in the atfair above. Adjorned till 3 o'clock, p. m. Eich'' Waldron, Cler. Con. [p. 208.] Tro: X. IIamp^ Mett again according to adjornm*. Present in Coun : As Before. George Jeffry, Esq., from the Committee appointed to prepare the bill prohibiting a trade Avith the Indians, laid the same before the board, which was read and past to be engrost; and sent down to the house of represent^ for concurrence by the Clerk. Hugh Banlield pi'eferred a petition directed to the Hon'"''' the Lt. Gov"" and Coun: as the Supream Probate, praying for a settle of his fatlier John Bantield's estate, which said petition is ordered to be heard tomorrow. Adjorned till tomorrow 9 o'clock, A. Ji. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 827 Pro : N. IIanlp^ At a General Assem : at Portsrn" by adjounu' 8br 7"-, 1721. Present in Coun: His ITononr JohnAYentworth, Esq., Lt. Gov"", Sam' Ponhnllow, ) Sliad. Walton, ) INIark Hiuikiiig, > Esqs. Picli'^ Wibird, >Esqs. Geo. Jallry, ) Thomas Packer, ) Ordered, that the Clerk write to Capt. Samuel & Capl. Josh* Weeks and direct them to have the high-ways within their dis- tricts forth w"' repaired. A message to the board by Mr. Dennet w"' the bill prohil)iting' a trade with the Eastern Indians, past in the house to be Ingrost. A message to the board by Mess'^ Davis & Gillman with a vote for repealing (lie Impost & Excise Act, w"^*^ vote was retnrned to the house by Geo. Jatfry, to be reconsidered. Mr. Treasurer Peuhallow presented to the board an account of his necessary disbursm'' for the souldiers gone Eastward, wliicli he was directed to lay before the house of Representatives for their consideration. [p. 209.] A message to tlie board by Capt. Tibbitts w"' the vote of the house (amended in part) for repealing the Impost & Excise Act, wliich was again sent down by Geo. JafiVy & Pich'^ Wibii'd, Esqs. for further amendui'; Avho brought back the said vote w"^ some further alteration, which was accepted and con- curred with, and is as follows : EoKASMUCH as the Act of Impost, Sec, lately past in this Prov- ince is resented by the Government of the Mass" as injurious to them, upon which they have enacted the imposing severe, uncom- mon & unneighborly Dutys on provisions and other wares and merchandise that shall be imported and exported to and from y' Goverm'; and being given to understand that the execution of s* Act is suspended or does not commence until the 20 instant, in ex- pectation of a reconsideration of our Act of Impost, etc., which they say has occasioned such a misunderstanding between the Goverments, — for the redressing and removing of which, Voted, That the Act of Impost and Excise of this Province be repealed so farr as relates to Impost on liquor, and Export on boards, provided that the Great and General Assembly of the IMassachusetts, in their next sessions repeal their said Act impos- ing said severe dutys, as also their former Acts laying double du- tys on Merchandise imported from their province, powder mony, double light mony, &c., on the vessels of tliis province, more than 828 PROVINCE OF NEW-HAMPSHIRE. [1721. is paid by tlie vessels belonging to any other the neighboring Gov- ermeuts, and that an order be issued out to the receiver or receiv- ers, that they I'cceive no more until further order, from and after this date. But if in case the said Great and Genei-al Assembly of the Mass* do not see meet to repeal their s*^ Acts so farr as affects & relates to this Province, then our Act to remain in full force notwithstanding. Oct. 7"', 1721. Dan' Greenough, Cler. Assem. In Conn : Eodem die, Voted a concurrence. Ricd'i Waldron, Cler. Con. Hugh Banfield appeared at y** board to prosecute his petition preferred yesterday, and being heard upon it, it appeared fully, that his said father, John Baulield's estate, had [p. 210] been here- tofore settled according to law: whereupon it was ordered that the said petition be dismist. R. AValdron, Cler. Con. A message to the board by Capt. Greenough with an explana- tory vote upon a paragraph in the Impost & Excise Act, which was sent down by Geo: Jaftry & Rich'^ Wibird, Esqs., to be amended, who brought back the same vote without any altera- tion ; — which is as follows : Pro : N. Hamp^ Whereas the Act of Excise past in General Assem: which was to take efiect the nineteenth of July, 1721, vi"^^ intei'feres with the licences taken before, w'^'^ terminates y*^ 6"' day of Sepf following. In the House of Eepresen*^ Voted, That the said Act should not take place until s'' 6"^ of Septs 1721. Oct. 7, 1721. Dan' Greenough, Cler. Assem: In Conn : Eodem die, Concurred. Rich'' Waldron, Cler. Con. In Conn : Ordered, That the vote of the house sent up yesterday for de- ferring the payment of the thousand pounds payable into the treasury this year, till 1725, be under consideration till next ses- sions, and that the treasurer do not Issue out his warr*"" for y*' same in the mean time. Rich'i Waldron, Cler. Con. A message to the board by Capt. Greenough praying a Confer- ence with tlic Hou'^''' the Lt. Gjv' and Council upon the subject matter of striking and emitting more bills of credit t for defray- ing the dajiy accruing charge of the Goverm', The request 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 829 granted, and tlie Speak'' and House came to the Council Cliambcr accordingly, and liaving fully discoursed the point, withdrcAV to their own apartment. Memokandu.-w. Tliis day delivered to the Gen'Assem: by the Grand Committee for the management of the fifteen thousand pounds, one hundred and forty three pounds, four shillings and four pence, which Avas burnt to ashes in presence of the Gen' Assem: of which sum the s'^ committee arc hereby discharged. [p. 211.] His Hon"' the Lieut. Gov"" directed the Clerk to notify the house of Eepresen'^ that they give their attend" at y^ Coun : board. The Speak"' and House came accordingly : And the Bill entituled an Act to prohibit trade and commerce with the Eastei-n Indians being past both houses to be Engrost and Enacted, the same was signed & sealed iu p'sence of the Gen' Assem : & then they were, Adjorued till y^ 7"^ day of Novem'', 1721. Prorogued till Novem'' 21, 1721. Pro : N. Ilarap'. At a Gen' Assem: held at Portsm° by proroga" 9br 2P', 1721. Present in Coun : His Honour John Wentworth, Esq., Lt. Gov"", Sam' Penhallow, } j^^^^ Geo. Jatiry, ) ,. T^Iark Hunking, $ ^■^'^- Pticlr' >yibird, I ^^'^'l^- Tho' Packer, Esq. A message to the House(l) by the Clerk requiring their attend" at the board ; the Speak'' and house came accordingly ; to whom Ms Honour was pleased to make the following Speech : Gent. The principal reason of my further proroguing the Gen' Assembly to this day. was to give the other Government time be- fore us to see whether they would repeal an Act lately imposed on this Government so cruel and so oppressive. I am to let you know that since our last sitting, 'Mr. Speaker Pierce and Mr. Treasurer Penhallow accompanyed me to Ipswich, where I mett Governour Shute according to appointment, and wo (1 ) [From Journal of the House.] Nov. 22, 17^1. Prov: X. Hauipr. George, &c. Whereas sundry members of ye house were delinquent, according to ye adjournmt from Novembr 7th to 21st of Fd month, a warrant was issued out from this house pr. Mr. Speakr for their appearance. 830 PROVINCE OF NEW-HAMPSHIRE. [1721. discoursed matters relating to the al)Ove Act. &c., and came to tliis resolve, That in case the Mass" will drop all their impositions [r. 212.] formerly and lately laid on this Govermeut, that then and in such case we will do the same, (viz.) Drop all Dutys laid by us on them, or in such wise as they do by us; his Excellency lias promised his best endeavors shall not be wanting for the ac- commodation thereof. Now in case the Mass"" does not redress us, then we have noth- i]ig more left us but to state the case tairly, and to Address his Majesty, by our Agent, INIr. Newman ; and you may be assured that I will do everything in my power for the repealing that Act. "When our Act and that of Massachusetts comes before impartial Judges, ours will be thought no hardship, but w' one Govermeut may lay on another: but theirs will look cruel and oppressive. I would i-ecominend to your consideration the lifteen hundred pounds collected last year, and should have been burnt according to act of (ileucral Assembly; for what reason that mony was mis- applyed, Mr. Treasurer is to account for. I hope you will con- sider of ways and means to bring it into the treasury again, that so it may answer the just end for which it w^as made.' I remember last year there was a motion made for calling in the tifteen penny bills of Creditt, many of which were found to be counterfeited. It will be well worth your while to consider and raise mony for that use on a good fund, and putt into the Treasury for Exchanging s'^ bills, and that you will take care that his Excellency may be provided for as usual, that so the honour of this His Maj"*^^ Government may be supported. J. "\YexT WORTH. Adjorned till tomorrow, 9 o'clock, a. m. Pro : X. Ilamp'. At a Gen' Assem^'held atPortsm^by adjornm', 9^' 22'', 1721. Present in Councill, His Honour John Wentworth, Esq., Lt. Gov"", Sam' Penhallow, ? ^^^^ liich'^ Wibird, ) ^ Geo. Jaftry, \ ^sqs. .^,j^^, ^^^^^^ J Esqs. Adjorned till to morrow, 9 o'clock, a. m. [p. 213.] Pro:N. Hamp^ At a General Assem : l.eld at Portsm" by adjornm', 9br 23'', 1721. Present in Coun : His Honour John Went worth, Esq., Lt. Gov', Sam' Penhallow, ^ Shad. Walton, ) Mark Hunking, VEsqs. Piclr' Wibird, V Esqs. Geo. Jatlry, ) Tho^ Packer, > Adjorned till Monday next, the 27"' instant, at 10 o'clock, a. m. 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 831 Pro: X. IIamp^ At a Geu' Asseni. hold at Portsm" by adjormu', November 27"', 1721. Present in Councill, His Hon'' John Wentworlh, Esq., Lt. Gov'', Sam' Pcnhallow, / p, (Jeo. JallVy, ? p,^„ :\[ark Hunking-, ^ ^**1-- Thoni'' Packer, <, ^*^^' Adjorned till 3 o'clock, r. M. Pro: X. llamp'. Mett again according to adjorum'. Present, His Honour the Lent. Gov: Geo. Jaffrv, ? ^ . Piclri NYibird, ? p,^„ Shad. Walton, \ ^^"^l ■' Tho» Packer, $ ^''^^• A message from the House to the Lieut. Gov'' praying a copy of his Honour's Speech, Avhich was immediately prepared and cai*- ryed down by the clerk accordingly. A message from the house by Capt. Greenough and Mr. Dam, in-aying they might be informed whether his Excellency had re- called the New Hampshire souldiers from the Eastward, or what advice there was from the Gov'' respecting that matter. To whom his Honour replyed that the last time he heard from the Gov'', his Excellency acquainted him that the Mass* had reduced their soul- diers to two hundred, and that N. Hamp'' (^uota was now but twenty. [r. 214.] A message to the board by Capt. Tibbetts aiul Capt. Gillman with the following vote : In the House of Represen'^ Voted, That his Excellency be desired to order all our Province men home from their respective posts at the Eastward, they being in a sutlering condition, and we neither Avilling nor oblidged to support them there. 27"' Nov'', 1721. Dan' Greenough, Cler. Assem. In Council. Eodem die. Concurred. Rich'i Waldrou, Cler. Con. Adjorned till to-morrow, 9 o'clock, a. m. 832 PROVINCE OP NEW-HAMPSHIRE. [1721. Pi*o: !N. Ilamp'. At a Gen' Assembly hekl at Port.sni° by adjonim', 9br 28"^, 1721. Present in Councill, His Honour John Wentwortb, Esq., Lt. Gov"", Samuel Penhallow, ? t^__ Rich'' Wibird, ? -p Shad. Walton, (, ^^^i^' Tho* Packer, ^ ^'^l^- His Honour the Lieut. Governour laid before the board a copy of a memorial presented to the Right Honourable the Lords of trade and PJantations, by Mr. Agent Newman, (1) praying for a supply of (h\n powder for his Majesty's Fort Win. and Jfanj, w*in this Province, T\'hich being read was sent to the house by the Clerk. A message to the board by Capt Jno. Gillman with the follow- ing vote: (1) [From MS. Corresponilence, in Scc'ry ofHce.] A letter from the Procivcc Agent, Mr. Xeicinan, dated 41 Middle Temple, May 2d, 1721. Sr. — I Iiave herewith covered a copy of the luemorjall which I put into the board of Trade in March last on the subject of powder for Fort William & Mary; but tho' I have attended every week since to know the pleasure of the board tlierein, the Parlia- mentary aiTairw, and the preparing instructions for my lord Irwin (since dead) and now for lord lielhaven, he being to j)roceed without delay to his goverrut at Barba- does, has obliged their Lordships to i)ostponc the consideration of it; however I was yesterday jironiised one of the com'to it should be considered to morrow, and some answer given to it, of which I shall acquaint your Excellepcy ni the postscript of this, if I obtain my expectations, but having been often disappointed, and having delayed writing by Capt. Brown, in hopes of an answer, I write this to be rf ady to bo Bent by Capt. Chadderl?] that your Excellency and the Province of Kew Hampshire may not think me negligent. As to the divisional line I find I must petition his Majesty in Council before any- thing will be done in it, Mr. Dummer refusing to joyii with me. And in order to set the matter iu a clear light, I must have coi)ies of the original Grant of the Council of Plymouth to Massachusetts, and of tho old charter from the Crown to Massachusetts, and conveyances of the Province at Maine to Massachusetts, all which I am endeav- oring to get copies of here; but perhaps I may be under difiiculty to prove them authentick, and therefore if I can have copies under the Province seal, attested by your Excellency or Col. Wen tworth, they would have a better authority. It's true, these grants are generally recited iu the present charter of Massachusetts, but that recitall omits many provisos and exceptions which may be of use to New Hamijshire. May 3d. Sr. — This day I attended the board of Trade, and their Lordships were ideased to admit of a reading of my memorial, and tho' they have not yet taken a resolution thereupon, I nni glad to liud they think the prayer.of it very reasonable, and your Excelly will boon be iuformed of their resolution in such a manner, as I have good reason to believe, will be to the satisfaction of the Province; I mean by permitting the Revival of the duty of Impost, provided the trading ships of New Hampshire are not exempted from licaring their part of it, as well as the ships from Great Britain. [Indorsed] "A copy of agent I remain. Newman's intelligence 2 May, 1721." 1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 833 Til the House of IlCpreseut^ Votod, That an Exi)i-ess be forthwith sent to his Excellency to in-dv tliat he wouhl send orders to draw of all our men which ai"e now in liis Majesty's service at the EastAV'', they being in a suf- fering condition. 9br 2«"S 1721. Dan' Greenougli, Cler. Assem. In Coun: Eodem die. Concurred. Kich'^ "Waldron, Cler. Con. Adjonied till 3 o'clock, r. m. [p. 215.] Pro: N. 7Tamp^ Mett again according to adjonini*. Present in Councill as before. A message to the board by Mess''* Tibbitts and Dam w"' an answer to his Honour's Speech, which Avas sent down by Geo. Jaffry and Samuel Penhallow, Esqs., for amendment (1). A message to the board by Col. Wear and Capt. Tibbitts with a vote for the Treasurer's paying to the General Assem : the tifteeu hundred pounds delivered into the treasury last year in order to be sunk, which vote was returned to the house by Messrs. Pen- hallow and Jaffry to be reconsidered. Adjourned till tomorrow, 10 o'clock, a. :\r. Pro: N. IIamp^ At a Gen' Assem : held at Purtsm" by adjornm' 9br 2'J"', 1721. Present in Coun: His Honour John AVentworth, Esq., Lt. Gov"", Sam' Penhallow, ) Shad. Walton, ) Mark Hunking, > Esqs. Rich'' Wibird, > Esqs. Geo. Jatfrey, ) Thom' Packer, ) (1) [The following is the answer of the House referred to.] 3ray it please yr Honor :— We Heartily thank j-r Honr, and ye geutlm. which acconi- panyed yr Honr to Ipswich, to meet his Excellency; and according to ye Kesolve there, we hope yt his Excellency will, according to his Promis, use his best Endeavor to accommodate the affair relating to ye late severe Act of Duties, that it may be accommo Esqs. liich'i Wibird. > Esqs. Geo. JatlVy, ) Tliom* Packer, ) A message to the house by George Jatfry and llichard Wibird, Esqs., with the two votes sent up yesterday in the afternoon, (namely), for repealing the lumber Act and appointing a Com- mittee to write to y'^ Mass'' Governin' to be reconsidered. A message to the board by CaiJt. Gillman & Mr. Dennet with the following vote : In the House of Pepresen'% Nov. 30"'. 1721. Voted, That a Committee of this house be chosen to joyn with (1) [From Journal of the House.] :Nov. 20tli. Voted, Tliat there be a clerk chose wliich does not belong to ye House, and yt he shall be paid for his service out of ye Publick Treasury. Voted, That Capt. James Jaflfrey be clerk for ye year insuhig, and yt he shall have ten pounds for his service, and according sv?orn to his fidelity in sd office, and sd clerk to give out ye debenters to j'e members of Assembly free of charge. 1721.] JOURNAL OF COUNTIL AND ASSEMBLY. 835 sucli as may be appointed of the upper house, to form an Address to his Excellency to represent to y'= Goverm' of tlie Mass"^ our Desire for the laying all Dutys aside in each ; which we suppose will be for the beneflt of both Provinces; and tliat Maj"" Gillman and Capt. AViggius be of the Committee for the end aforesaid. Jas. JaftVy, Cler. Assem. In Coun : Eodem die. Concurred, and Sam^ Penhallow and Richard AVibird, Esqs., appointed of the Council for the service above. Eich'i Waldron, Cler. Con. [p. 217.] A message to the board by Capt. Gillman and Mr. Dennet with a vote for repealing the Impost and Excise Act made and. past in the month of May last, which was returned by Geo. JatFry and Rich'^ Wibird, Esqs., to be reconsidered, by whom it was recommended to the house to make an explanatory vote upon that paragraph in the afores'^ Act relating to the payments of species, &c. A message to the board by Capt. Greenough, w"* the following vote : In Coun : As an Explanation on the Excise Act on drink lately past. It is to be understood that the specie therein mentioned be merchant- able pine boards and tish, and that y"^ same be paid unto the col- lector thereof at Portsmouth. Nov. 30'h, 1721. Rich*! Waldron, Cler. Con. In the House of Represen'^ Read and concurred. o^J^^ Nov., 1721. Jas. Jaffry, Cler. xVssem. A message to the House by the Clerk with the three following votes (namely) : For the repetition of the fifteen hundred pounds paid into the treasury last year. For postponing the thousand pounds dne this year. And for striking and emitting one thous'^ pounds more. A message to the board by Col. Wear with the following vote : EdAvard West resident at Hampton, so accounted, being dis- trained upon by Salisbury constable for rates & carryed away to Newbury goal, and detained there for y<' space of two months, which is greatly to his damage in time and expenses, makes appli- cation to this house that lie may be allowed satisfaction for the same, not being able to bear the charge he hath been at himself. Voted, That Edward West be allowed three skiilings a day for 83G PROVINCE OF NEW-HAMPSHIRE. [1721. forty eight days that lie was in custody at Newbury, on account of paying rates, lie having taken his oath in [p. 218.] this Assem- bly that he was so long in custody and that it be paid him by the Town of Hampton, and that the selectmen of said town make an assessment for the same. 9br 30»>, 1721. Jas. Jalfry, Cler. Assem. In Conn : Eodem die. Concurred. Richard AVuldron, Cler. Con. A message from the House by Mr. Dennet, Capt. Tibbitts and Capt. Greenough, with a vote for the Treasurer immediately to account w^^ y« House, &c. w'^'' vote was delivered Mr. Tveas'' Pen- liailow(l). Adjorned till tomoiTow 10 o'clock, A. m. Pi-o: N. Hamp'. At a Gen' Assem. held at Portsm''' byadjornm* Dec'' 1**, 1721. Present in Council, His Honour John Wentworth, Esq., Lt. Gov'', Sam' Penhallow, } t^„^„ Shad. Walton, } p,,^^ Geo. Jaffry, ^ ^'^^^- Pichi Wibird, \ ^''^^^ Thorn'* Packer, Esq. A message to tlie board by Mr. Dennet w"' a vote for sending for our Eastern souldiers, which was sent back by the Clerk for reconsidei'ation . Daniel Jackson preferred a petition to the board du-ectcd to the Gen' Assem. prapng for a special Act to enable him to renew and bring forward a suit ag*' Alexander Miller, before Geo; Jaffry^ Esq., Just. Peace, for reasons therein mentioned; which petition being read and the pleadings upon it fully heard, and the objec- tions ag'*' the same made by the s** Miller also heard and consid- ered, — It was voted, that y^ prayer of the petition be granted, and that the petitioner be allowed to prepare and bring in a bill accordingly; and then the said petition and vote thereon was sent down to the house by the Clerk for concnrrence. (1) [From tlie Journal of the House.] Nov. 30th, 1721. Voted, That there bene more Memorialls received by this house from Mr. Treasurer Penhallow relating to accouipts of thi.s Province; but that he bring in the Province Accompts truly by Debt & Credit ; And that the accompts from the fifteenth of July last past be brot. in forthwith to us accordingly. 1721.1 JOURNAL OF COUNCIL AND ASSEMBLY. 837 A message to the board by Capt. Greeiiough w"^ tlic vote of y* liouse for calling home our Eastern souldiers, which was again sent down by Shad. Walton & Thomas Packer, Esqs. for amend- ment, [p. 219.] and then came another Message by Mr. Dennet, w"^ a vote Avhich was accepted and concurred with, and is as fol- lows: Dec. 1*' 1721. In the House of represen''. Upon the return of liis Excellency's letter(l) by the Express sent him in relation to the discharge of the souldiers at the East- ward, A'^oted, That the souldiei's be forthw"^ discharged, and that the ITouourable the Lieut. Gov"" is desired to send his orders for them, by Express, to come home by land, and that a vessel be immedv- ately sent with provision for their .subsistance home. Jas. Jatfry, Cler. Assem. In Conn : Eodem die. Concurred. Uich'' AYaldron, Cler. Con. The petition of Benj'* AYentwortli praying for a special xVct to enable him to bring forward a suit against Sam' Plaisted, Esq., for reasons mentioned, being read, Ordered that the hearing on said Petition be tomorrow at 10 o'clock beforenoon, and that the said Plaisted be notyfied thereof. A message to the board by Mr. Dam, with the following vote: Nov. 30*, 1721. In the House of represen'^ Voted, That our vote past the 7"' October last past relating to suspending the Act of Dutys of Export & Impost be further con- tinued to the middle of March next, on the same former condi- tions, w'^'' conditions if not complyed w"" by the ]\Iassachusetts, then to be in force. Jas. Jaffry, Cler. Assem. In Council. Dec. l'*' 1721. Concurred. Rich'i Waldron, Cler. Con. Adjorned till tomorrow, 10 o'clock, A. M. (I) [From the Journal of the House.] Fryday Nov. 30, 1721. Copy of his Excellencies letter of ye 9br ye 29th, Directed to the Hoiible John Wentworth, Esq., Lt. Govr. of New Hami>shire : Sr. I reed your Express & if the Genl Court are of opinion yt it is best for the inter- est of the Province yt ye souldiers at the Eastwd should be discharged, I do hereby give uiy consent unto it. I am your humble servt. Samuel Shute, Boston. Wednesday, five of the clock afternoon. 838 PROVINCE OP NEW-HAMPSHIRE. [1721. Pro: ]Sr. Ilamp'. At a General Assembly held at Portsm" by Adjournm' Dec'' 2<^, 1721, Present In Council, His Honour John Wentworth, Esq,, Lt. Gov"", Sam' Penhallow, ? tji^^^ Geo, Jaffry, ) -p, Mark Hunking, ^ ^^1^- Shad. Walton, I ^''^^' Rich Wibird, ? -p Thos, Packer, <, ^^^^• A ]\Iessag-e to the board by Capt, Gillman and ]Mr, Dam w* the three votes of Council for repeating £1500, postponing 1000"' and Emitting lOOO"' more (w"^'' were sent down on y^ 30* of y^ last month) without anytliing done thereon, -which said three votes were again sent down to lye before the house for further Consid- eration, Jotham Odiorne, Esq., Cap' Greenough and Mr. Dam brought a vote to the board whicli was concurred w* and is as follows: [p, 220,] In the House of Represents Voted, That iSIr, Treasurer Penliallow do fortliw"' gatlier in the Interest money due to tliis Province & pay one hundred pounds of it to Ids Excellency Gov"" Shute, 2d Xbr 1721, In Coun. James Jaffry, Cler. Assem. oed™ die. Concurred. ^ Rich'' AValdron Cler. Con. Mr. James Jeffry appeared at the board and humbly moved that the petition of the town of Portsm" signed by himself as attorney for s"* Town, and directed to the General Assem. and preferred the 20* July last, might be withdrawn. Ordered, that the Clerk Endorse the said Petition on file that no proceeding be thereon. R. AValdron, Cler. Con. Cap' Benj"^ AYentworth at the board to prosecute his petition preferred yesterday and Sam' Plaisted, Esq., (being notifyed) also appeared, and the matter being fully heard in both houses the fol. lowing vote was past thei-eon : [p. 221.] In Council. Voted, that the prayer of the petition be granted and that the petitioner have leave to bring in a bill accordingly. Rich'i AValdron Cler. Con. DeC^ 2", 1721. In the House of Represen'. Dec'' 2'', 1721. Read and Concurred. Ja^ Jaffry Cler. Assem. Then the said Benj" AVcntworth presented his bill to the board' 1722.] JOURNAL OF COUNCIL AND ASSEMBLY. 839 Entilled An Act To Enable Cap' BenjMVentwortli of Dover to bring- forward a Complaint at the next Snperionr Conrt of Judi- cature, ag*' Samuel Plaisted, Esq., which being read in both houses, was past to be Enacted, and was Enacted accoi'dingly by Signing and Sealing in presence of the whole Gen' xVssem. after which by the Leu' Gov" order the Said General Asseni : was Prorogued till y' 6"^ of Feb'->' 1721-2. Prorogued till y^ 27"' ]March, 1722. Prorogued till y« 1&^ April, 1722. Prorogued till y« 30"» April, 1722. Justices, <|-c., their Addresse to her Majestu, 1707. [Copied from "Addresses to the King:," in Secretary's OtiicOi p. 63.] XoTE. — Although the following paper is without date, yet it evidently he- longs to the period of Gov. Dudley's administration — about 1707. It was dis- covered b\' the Editor, bound up in a ISIS, volume containing " Addresses to the King," &c., arranged with papers bearing date 17.39-1742. It should be read in connexion with other " Addres.ses to the Queen " found on pages 349- 352, of this Volume III.— Ed.] To THE Queen's Most Excellent Majesty : — AVee, your Majestie's most Loyal and dutifull .■^nbjoct.s, Justices of the Peace, Officers of the Militia. Merchants and Inhabitants of your Majestie's Province of New Hampshire in Xew Eiighind, inost huinbly acknowledge your Majestie's favour to this your ]Majestie's Province in conferring the government thereof upon Colonel Dudley, a gentleman of approved Loyalty, courage and conduct, who during the troubles by the Rebel Indians, assisted by the French for some years last past, which have put this your Maj- estie's poor Province to a great Expence and constant hazard, in all which time, wee are witnesses of the indefatigable care, ])ains and good service of your Majestie's said (iovernor in our Defence, as wel as pursuit" of the Enemy, and ease expence of our Treasnrv, soe that woe have not lost one village, but have removed our" enemies during all these troubles to a great distance from their planting and tishing, upon which they depend for tlieir support: all which is apparent and to the satisfaction of all your Majestie's good subjects of this your Majestie's Province. ]?sotwithstanding"which wee are by the last S]iii)S advised that your Majestic is addressed by several persons unknown to us as wel as to this Province to remove our said Governor from your Majesties favour and his service here, by very false and unjust In- 840 PROVINCE OP NEW-HAMPSHIRE. [172: formations and reflections ; wliich wee most humbly pray maj' not obtaine Koome or beliefe in your Majesties princely Breast, to re- move liim from your Majesties Royal Favour, which wee most humbly and truly Represent to your Majestic will be to the Griefe and trouble of all your jNIajesties most Loyal subjects in this Prov- ince as wel as to our selves, who shall always live in a most grate- ful sence of your Majesties most princely favour towards us; And humbly Imploring- Almighty God for a continued Traine of suc- cess & victory for your Majesties Amies and the blessing and beu- etitts of the happy Union of the kingdom of Great Britlaine, Wee remaine yo"' Maj'"'" most loyal & Dutiful subjects John Walker, Clement Hughes, John Cutt, Richi AYybird, Sam' Alcock, John Janvrin, B. Gambling, Jacob Green, John Knight, George Jaftrey, Obadiah Mors, Sampson Sheafe, Moses Leavitt, David Lorrence, Tlio: Wilson, Wiuthrop Hilton, John Gilman, Robert Coffin, Jn" Low, Thom^ Tibbetts^ Rich'i Waldron, Geo. Vaughan, Thom^ Phipps, Ichabod Plaisted, Richard Gerrish, Theo. Atkinson, Theophilus Dudley, Shad" Walton, Nath' Hill, Josh* Peirce, Tobias Langdon, John Sherburne, Joseph Smith, Jonathan Thing, Joshua Wingett, Sam' Hart, Jeremy Gilman, Isaac Grean [?] Jn° Tut tie. END OF VOLUME III. INDEX A Abbett. or Abbott, James 424 Jdbn 316, 4'Jl, 4-j;i, 566, 795 ,T(is(.|)li, 310, hostage 317 W.ili r , 424 Abercromb V, Capt 453 Acailia. •....■ 339, 341, 343,366,453 Ackeriiian. Steiihen 104 Acts passed 6', 164, 228 [^'ee Laws] for Military Service, 261, 286; for pursuing tlie ene- my in Winter, 290; relating to troopers, 346; for a Free School, 365, 534, 702, 808 ; Excise 819, 827, 833. Adams, R-n'. Hugli 730 Addresses totlie Queen, (see pp. 839-40), 349,350; to Ministers, 351, 354, 377, 415, 445, 452, 493, 507, 547. 840; to tlie King, 576, 577, 628. 629 Addiugton, Mr. Sec'y, 10, 37, 92, 108, 141, 549. Adeawando — Indian 693 -Eneas— Indian 545 Agent to England 417. 419. 778 Akerman, Henjaniin, 470, 528, 567, 636, 641. 661, 811. Alcock, Job 207 Samuel 97, 98, 840 Eliza 567 Allen. Dnit 814 Alin, Th.aiias 607 Alkin, I'atiens 91 Mrs 241, 253 Allbx, Mr. 23; Samuel, 65; Col., 69, 70, 71, 74, 81, 82, 83, 122, 164, 272, 275. 297, 305 ; death of. ."{55. Tliomas 355, 381, 415. 449. C.32 Almery, Kobert 233, 423, 521, .527 Alnis-House 463 Aiuariscoggiu 693 AmasecoTitne .543 Aniazeen, Chr 341 Ambler, John 427, 013, 616, 627 Amesbury .54!) Amlen, John .714 Amoslieag 424 Andreu-i, or Andros, Sir Edmund 5 Ann, Cape 495 Annapolis 453, 552 Ah-J.'i9 Bell, S. U 64 Bellomoxt, Richaijd, Earle, Lord, Gi>vernor,niel, 409 .Aloscs 408,429 Philemon 4(i9, 4'J9 Timothy, sen 408, 429 Blath waite, Wm 27, 285 Bloodv Point, 322; petition 549, 562 t!lv, John 424 Boat for the Fort 89, .359 Spy 495, 598, 636 Body, Benjamin 714 Boniazeen — Indian 545, 093 Books of Record, account of, 298, 336; of Law, 673; Book-debts, 619, (>23, 625. Boon Island .521, .527 Bound lines, .548, 549, 562, 617, 618 ; com. to run, 619, 733, 750, 751, 767. Bracket, Joshua, 425 Samuel 8-!0 Bread, provided 29, 30 Breton, Cape, 797, 801, 803 " Breite," allowed 522 Brian, Eliza 800, 803, 800 Bridewell : 463 Bridge, a 745 Bridger, Jno., 62, 63, 115, 120, 3-33; com- mission, 334; memorial, 336, 337, 716, 718, 748, 759. Bristol 5.58 Browne, Benj 48, 407 Jno 409, 429 Wm 409, 429, 430 Brownel, George 792 Brunswick 700 Bryer, Elisha 91, 297, 423 Tlio 406 Burchett, Mr 116 Burnham, James 607 Burnani, Jeremiah 427, 000 John .607 Robert 607 Bunker, James 146, 147 Burgess, Gov., 594, 597, 598, 002, 636, 037, 055. Buss, John 352, 607; Rev. 614,741 c Calcott, Jonathan .342 Samuel, jr 342 Calf, John 791, 793, 799 Calledonia 69 Galley. Uichard 406 Gam hell, or ('anipbell, Duncan. .29, 30, 61 Jolm. 248, 280, 309, 3 6, 343, 358, 404; Postmaster, .5.52. Canada Expedition, 375, 376, 378, 382, 385, 86, .389, 395, 396, 403, 414, 415, 478. 480, 493, 507, 517; captives iu, 580. Caneston, James 406 Carter, Jolm 551 Caryl, Mr 658 Cass. John 429 Joseph 119, 122, 424, 429, 567 Casco 698 Case, Joseph 408 Gate Mr. .574 ; James, 590 Edward 638, 640, 647, 686 Cellev, H.)ldridge 409 Ghadder, Gapt 8,32 Ghambej lain. Richard 298 Chapman, Samuel 751 Chart of Goast 691 Cheshire 781 Chesley, George 423 Chesley, Ichabod, jun 607 John 006 Jonathan 607 Jo.seph 607, 775, 804 Lieut 321, 366 Philip 427, 007,714 Gapt. Samuel 284, 295 Saml. jun 607 Tho 42 Chiles, Wm 407 Clark, Jacob 423 John 407 Jonathan 400 Josiah 400 Clary, Williaui 714 Clement, or Clements, Abraham, 99, 137, 145. Job 2. 13, 20,43 Clifford, Israel, sen 409; jr., 429, 813 Jacob 409, 429, 727 John 720, 727 Joseph 720, 727 Zacliariah 409, 429 Cloyce, Peter 559 Coates, Kobt 761,821 Cobbet, Tho 24, 33 Cochecho 97, 511, 551, .505, ,588, 793, 805 CoFFix, Eliphalet 743, 745, 756, 757 INDEX. 843 COFFIX, Pkter, of tlic Couiieil. 1, 3. 10; pasxim, -^0, 2-.>, L';!, 34. :!9, 40, 6", 111, ll'J. \2-2, l:5K, -240, 2SS, 297, 321, 3r.O, 390, 422, 469, 546; decM., 745. Robert 422, 423, 424, 425, 840 Tristram 743, 745, 756, 7.57 Cole, Robert 116 College, llarv.ard 7G4, 70-5 Collins, Henry 104 Colman, Jabez 'M2 Comfort, Samuel 69, 137, 140. 142 Congress of Governors 399, 400, 4ki Conner, Cornelius ..425 Connecticut 563 Conspiracy, horrid 201 Constables, names, 146; watch, 615, 627 Cook, Elisha 682, 722; Dr. 752 Cor win, Jonathan 546 Courts of Judicature 4, 656, 666, 676 Court-house 636, 736 Council of war 346 Counterfeiting 751, 797 Cotton, Juo 91, 352, 409, 428 Cotton, Solomon "^5 Theophilus 352, 428 Wm., 91, 142, 2-29, 230, 246, 248, 299, 322, 327, 328, 368, 425, 558, 582, 683, 685, 717. Cram, Benj 409, 429 John 4-9 Joseph 409 Tho. 408,42!) Cranlicld, Gov -08 Critchet, Elias, jun 606 Cromell, John 6ii7 Cromwell, Joshua 5" Cromet, John -427 Crockett, Constable 274, 2S3 Joshua •'^•W Richard 406 Cross, John, 72, 95, 158, 274, 300, 343,411, 446. 519. Cutt, John 534, 800, 803, 806 Saml 634,636,840 Cutts, Mr 326 D Dam or Dame. Jno. S.'O, pas.tim, 600, 604, tU7, 626, 641, 642, 6.58, 665, 077, 680, 703, 704, 733, 753,722, 781, 8til. Moses 550, 801, 803 panel, John 714 Joseph 714 Dartmouthe 490, 5n9 Davis, Daniel 714 David 607 James. .57; Lieut., 60. 1.31. 132, 135, 231 , 252. 2S4, 346. 394, 424, 426, 427, 443, 44s; (.'apt.. 4(;t;. 4tl9, ."17, 537, 600, 601. 602,(;iN, t;iO, 613. I'.IO, 621, 634, 6.36. 645. 648, 658, 666, (ISO, 6X5, 686, 690,704; Col., 707, 712, 714, 731,735,755,765,772. James, jun 714 John 714,74.3, 775, 804 Joseph 607, 614, 6.52 Joshua 607 Moses 607; jun., 714 Samuel 714 Sargent 537 Solomon 714 Th, 63, 390, 426, 434, 441, 458 4G2, .506, 5111, 530, 5fi->, 577, nH\, Register, 589, 600, 605, 607, 615, 6.30, 6.37, 641, 648, 649, 6.57; of the Council. 6.58, (M2, 667, 690, 751, 840. Riilianl, jun 682 Tiniotliv. Capt., 514, 538, 579, 619, 640, 642, 779. Giles, John 787 Gillman, Edward 423 Jeremi.ah 146, 147, 421, 840 John. Capt., Speaker, 5, 6, i^, pas- sim, 187-196, 284, 346, 423, 427, 443, 448, 466-468, 504, 528, 536, 648, 6.52, 656, 680, 689, 703. 712, 722, 731, 742, 7.53, 772, 775, 840. John, Lt. 648, 058. 667. 68ii. 703, 7.34, jMissim, 753, 760, 763, 772, 781, 784, 787.* Nicholas. Lt. .346, 390, 394, 462, 469, 536, 580, 595, 600, 619. Gleebland ,560 Glidden 423 Glovnes, William 714 Goal, 87, 88, 583, 609, 617, 631; prison, 635, 636, 656, 746. ' Sometimes doubtful whether Lt. or Capt. John. INDEX. 843 Godfi-ev, James 40G Ootf, Col 752 Goidon, Nich 105, 127 Capt 453 Gove, Ebenczer 400, 421) John 40S, 420 Gosport 6_,'0, 778, 783, 78!), 802 Gratlonl, or Groftbrt, Tho 49, 20G Mrs. Briclgrett 91 Graham , Ed ward 714 Grants of Land 151 Graves, Francis .284 Grav, James 551, 574 John 007 Greeley, Thorn 91, 297, 5G7 Grecg, James n! Greenland, 5(32; bounds, 574, (521, G23, 715 Green, Bartholomew 89; B, G31, 70l Capt 34G, 536 Green K, Hexry, of the Council. 1, 4, 10, n, passim, 18, 22, 34, 39, 44, 52, 64, 72. Isajic 408, 429, 840 Jiicob 408, 840 Nathan 429 Samuel 406 Greenleafe, Daniel 319 Stephen 795 GreenoeorGreenough, Daniel. 537, 590, 781, 782, 785 787, 8U5, 8. 9, 828. Gregg. James 764 Grievances C75, G77 ; Ans to, G78 Grirteth, Caleb .342 Gyles, Capt 5U7 ; John, G93, 700 H Haice, or Ilaies, Ebenr 817 John ,. 817 Richard '. 817 Haines, Joshua 574 Reuben 95 Hall. John 24, 28, 33, 42 Ivingsley 24, 28 Capt 423 Haman. John 104 Hamilton, Andrew 29 David 54, 117 Gabnell 117, 118. 125 Hampton, selectmen, 16, 19; town bounds, 19, 20, 21, 22, 512. 574, 760, 782 ; petition of, 100 ; repre- sentative dismissed, 146, 229; riot at, 291, 292, 343, 390, 394; J'alls petition, 408, 409, 428, 430, 432, 4.11, 452, 494, 514, 534, 54G, 549, 570, 610, 619, 620, 709, 710, 732; new parish, 740, 774, 835. Hanniford. Jno 106 Hannock — Indian 7i>7. SJI Hanson, Thomas 7 1 9 Hart, Saml 421, 574, 590. 717, 840 Harvev, Eliza. . . .88, 105, 470, 526, 537, 566 HatchI John 42 Haverill 3(i7. 549 Havward, Hugh 557, 558 Healey, Saml 4i.8, 429 Heath, Nehemiah 429 Hemp 63, 723, 725, 754, 782 Hii-nder.son, Wm., sen 115 Higginson, .lohn 546, 549 Hill, Brig.-Gen 493 Nath., 64, 85, 92, 94, 106, lit 133, 151, 15G, 159. 229, 231, 247, 248, 264, '266, 270, 274, 305, 320, 346, 390, 4j1, 425, 462, 471, .5.37, 605, 608, C12, 613, 626, 639, 682, 840. Saml 607 Valentine 607 William 714 Hilliard, Benjamin 409, 429 Timothy 131, 132, 138, 408 Hilton, Mrs. Ann 456 Maj., 284; Lt. Col., 315, 317,321, 325, 330, 331, 346, 422, 423, 424, 426, 456, 840; Richard, 99, 102, 450; garrison, 528, 537, 8o7, 815. HixcKES, JoHX, of the Council, 1, 2, 4, 2)assim, 65. 77, 84, 85. 89. 90, 92, 95, 111, 119, 123, 142, 1.54, 155, 203, ■ 206, 230, 241, 258, 274, 296, 300, 411, 489, 519, 642, 790. 805. Saml 756, 766, 773, 775 Hix, Joseph 714 Hobbv, Sir Charles. 453, 631, 632, 661, 664. 682, 722, 730. Hodge, Ben,) 406 Hogsdon, Alex 550 John 5.50 Holt. Ephraim, 429 William 5.50 HolhuKl. Elizabeth 272, 277 Thomas 272, 277 Hooover, 587 Licensed, 623; tippling .818 Hoyt, Ephraim 409 Hues, or Hughes. Clement, 634, 748, 773,781,793, 821, 8?0. Hueson, John 550 Huggins, Robert 607 Hull, Walton 654 HuxKlN or HUNKISG. Mark. 13, 139, 199, 270, 277, 295; Caiit,., 290; reiireseutative, 390; speaker, 391, 41(t, 422, 425. 426. 434; of the council. piis.; scalp, 366, 386; at Martha's Vinevanl, 441; at Ovsfer river, 443," 462; bounty for'killing, 477, 479; 509, 511; treaty, 539, 543, 546, 569, 573, 603, 693-701, 709, 787, 826, 8-?9 Ingham, Miy 123 Iimuina,n severity restrained 16 Instructions 440, 813 Intestate estates 14 Ipswich 546, 829, 833 Ireland 705 Iron- works, 759 ; ore 707 Island, Boon 521 Isles of'siioales! "m.'sig,' 465" 617," 646, 775. 776, 778, 782. Iteansis — Indian 545 Jackman. Richard 470 Jackoid — Indian 545 Jackson, Ephraim 795 James 607 John, 233; jun 084, 795 Joseph 233, 341 AVilliaiu 427, 007 Widow 574 Jaffbey, Gko., 24; speaker, 28, 33, 119, 122, 202, 207, pa.-^sim ; 237, 204, 267, 277, 282, 309, 317, 318, 330, 434, 444, 461, 40^;, 472, 490, 499, 503, 504, 507, 528, 538, 541, 562, 563, 574, 575, 579, 600, 608, 636, 640, 648, 657; of tlie Council, 658, 606. 690, 702, 707, 712, 717, 736, 747, 769, 840. James, Capt., 617, 526, 626, 034, 636; Mr. 640, 712, 800, 814; clerk, 834 Janvrin, Jolin 840 Jenkins, Joseph 714 Stephen 714 Jenkin, Rowland 91 Jennings, Francis 248, 293, 319 Hezekiah 743 Jennis, Richard 801 Jesuits 66 Johnson, Eben 623 James, Ens 322 Joseph 574 Jones, Abraham 795 Benj 406 John 406 Joseph 606 Steph., 390, 427. 462, 579, 605,606, 612, 613, (26, 635, 682, 686. 714. Jordan, Samuel 693, 700, 761, 787 Jose, Rich., 42, 44, 47, 132; sheriff, 146. 229, 231, 240, 285, 286, 299, 305, 380 Hannah, widow, 422, 708, 784, 780, 800, 802, 813. Joseph — Indian 545 '•Journal of the House," 402 K Kate, Edward 424 Keais or Kense, Saml, 0, 48. 57, 00, 02; Keis. 143. 145, 230, 232, 270, 277, 328. 390, 462, 579. Kennebeck 093, 698 Kenniston, John. . . .723, 724, 742, 744, 74:i Kent, John 714 Joseph 714 Robert 714 Killing Indians and Negroes 16 Kincaid, David 007 Naphtali 007 Kixa Geokok 093-700 Kingstown or Kingston, 307; send a representative, .309, 465; 511, 520, 521, 549, .555, 568, 610, 617, 619, 655. 720, 734. 774. 775, 778, 786. Kisebenuit. or Kirrebennit — Indian.. 545 Kittery Neck 322 Knight. John, 91, 322. 425, 470, 530, 550, 507, 708, 801, 803, 840. Nathan 288. 5"0 Robert 427 Ladd. Ezekiel 400 Nath 407 Lanipire or Lampree, Benj 422 Daniel 4i)9 Henry 400 Lamprile river 700 Lancaster ( .Ms. ) 290, 294 Lane, Wm., 91; Capt 701 Lang, Robert 91 Langle, James 714 Langdon, Capt 346, 424 Tobias, 684 ; Capt 085, 6^7, 840 Langrnaid, Henry 95 Joseph 5S4 Lanster. Henry .550 Larans, Lawrence or liorrence, David. 42. 242, 840. Latin schools 304 La vers, Jacob 471 Latou or Leightou, Thomas 97 INDEX. 847 Laws, boily of, 113. 117; disnllowod, 2>>5; to be printed, 500, (il^, 61.5, G:J1, G35, G53, G70. 683, 734, 738, 7G->, 76-1. List of 1G4-228 Ko. 1. For support of tlie goverii- iTieiit 164 2. Pruilonfial atlUirs of towns. ..167 3. Defraviiit: ])ubli('k charges. . . .168 4. Ite^'uiatiiig Weights »& Meas- ures 173 5. Allowance to Representatives,17o 6. Shipi)ing Horses without en- try 17.5 7. Lawsuits above £20 176 8. Kegulating cattle, corutieWs »S: fences 176 0. For settling the Militia 178 10. For establishing Courts, &c.. .18.3 11. For killing of wolves 187 12. To prevent the profanation of Lord's (lav 1S7 13. For constables to collect rates, 187 14. For raisitig money to support Government, &c 188 15. For sujiport of the Ministry. .189 16. For settling a Post ottice 190 17. ]{elating to corntields & fences 192 IS. Concerning marriages, births & burials 193 19. For people scrupulous in swearing 193 20. To i>ay for copies of the Laws. 194 21. To prevent concealing Estates from Assessors 194 22. For raising money for Govern- ment, &c 195 23. Constables obliged to collect rates 196 24. Settling Intestate estates. &C.196 25. Establishing a Revenue. &c. .198 26. For encouragement of Post office 198 27. For acknowledgment of Deeds 198 2*. Against Gaming 199 29. Altering the Sessions of the Supreme Court 199 30. Restraining inhuman severi- ties 200 31. To prevent seamen neglecting theirduty 200 32. Taking the oath of allegiance, cVc 201 33. Cutting down trees on lands without fence 202 34. For providing a Prison 203 35. Encouraging the weekly Post,203 36. For defraviiig the public charge . .". 203 37. To prevent damage by horses, 204 38. Linutingthe nuni her of houses of entertainment 205 39. Relating to E.xci.se 205 40. For security of Records 206 41. For i)roviding a Prison 206 42. Raising money for Govern- ment ' 207 43. Care of wounded soldiers 207 44. Ferrv between Portsmouth and New Castle 208 45. Impostand Excise 2ii8 46. Concerning marriages, births and burials 209 47. For holding the Court of Com- mon Pleas 209 48. Relating to Constables .209 49. Preservation of highways. . . .210 50. For duties of Custom, Excise, &c 211 51. Regulating fees 211-216 .52. For flurors, &c 216 53. Establishing (.'ourts of Justice,218 .54. Keeping the Lord's day 222 55. Against adultery and polyg- amy 224 56. Trespassing on Town com- mons 225 57. Bounds of towns defined 226 58. Confirmation of Town grants,22S Leavitt or Levett, Uenjanun, 284, 406, 421, 756,757. Daniel 406 Ephraim 4U6 Moses, 13, 3.3. 64, 99, 112, 121, 231; Jr., 407, 840. Lieut. Samuel, 2, 42, 57, 60, 81, 246, 270, 406. Leach. James 243 John 775 Leathers, Willm 607 Lee 423 Leighton, Thomas 550 Letter from Lt. Gov. Usher, 37 ; Lt. Gov. Stoughton, 37; Gov. Bello- niont; 96; answer to, 100-102, 110; to Jehn Bridger, 120; from Sir Henry Ashurst, 125; from King \Vm. 1.30; Gov. Dudlev, 302, 353; to Gov. Dudlev, 373, 392, 397, 399, 401, 417, 4.i5. 440, 4.58,479; to the Govr.. 482, 4.88, 492, 494, 500, 505, 506, 535, 538, 578 ; Gov. Shute, 752. Leverett, Mr 1-59 Libbv, James -319 Libel TI3 Liford, Francis .382, 422 Line between the Provinces, 32 1 , .548, 621, 625, 626, 629, 632, 633, 755, 769, 779. Liteman, Joshua 423 Livingst(Ui, M;ij 453 Loe, Ensign 319 Longfellow, Constable 824 Lord's day HI Lorrence, Joseph 407 Loud, Wm 421 Lovell, Splan 421 Lovett, Splau 91 Low, John 840 Lucas, Mr 316, 317 Lucey, Benj am in 6S4 Ivunt. Skiii|iur 424 Lyude, Benjamin 546 848 INDEX. M MacGregore. James 771, jMacKeen, James Man, Peter IVIanson, Sauniel 423, IVIaich, li-vuel 424, Maiden, John 684, Jlardyn, Thomaa Mariners Marshal, George Marston or Maston',Epli. 48, 55, 390, 422, 425, 427, 462, 464, 504. 567, 610. 625, 038, 040, 646, 648, 652, 655, 656. 658, 062, 663. MartliaV Mueyard Martyn, Kiclianl 2, 8, Conunodore Ma.sarvy or MLsharveye, Clemet Daniel Edward Massacliusetts, 572; offended, 575, 585, 624, 630; 693. Mason, Mr 272, John Jonathan Peter Mathes, or Mathews, Abraham, 714: Cajitain, 081, 683, 686, 713, 714. Benjamin Francis, 427, 468; Ens., 536; Jun., Mead, or Meads, John 407, Joseph 781, 70S Mead, Nicholas, 750, 775, 777, 7,*1, 7S4, 786 Meader, Joseph 613, 610, 627 Melcher, Sam 429 Menzies, James 119, 122 Merrimack river 755 Miller, Alexander, 424, 470, 477, 526, 536, 566, 836. Mills, Richard, Doct 230 Mill dam 716, 717, 729 Milton, Benj : 738 Ministry and Schoolmasters 11, 515 Ministers, Address to the Queen :>51 allowed a servant, &c 523 at Portsmouth. .560 at Oyster River. 606 Minot, Mr 700 Slogasheens and shoes 290 IMontess, James 82, 85 Moody, Capt. Saml. . . .751 ; Just., 802, 821 Moore, or Moor, Capt. Wm. 2, 406, 648, 733 Morgan or !Morginn, Abraham 406 John 429 Richard 406 Morris, Salmond 301 Morss, Obudiah 421, 523, 840 Morton, Charles 658 Moulton, Joseph 13 Robert 570 Mount Royal 386 Montreal.'. 454 Moxus — Indian 6"J3 N Nantasset or Nantaskett 306, 385, 453 Narahamegock 543 Nason, Richard 551 Nevis 5r,H Newbury 769, 835 New Castle, 296, 299, 381, 388, 390, 494, 608, 619, 620, 627, 629, 636, 637, 647, 717,719. 743; bridge at, 756, 759, 767, 775, 789, 816. New Foundland 4,80 Newichawaiiock 133 Newington. 502: bounds, 574, 586, (00 620; 715,724, 801. Newman or Numan, Henrv, Jlr. 412, 413, 417, 476; letter from, 832; instructions to, 508, 681, 779. Thomas 104 Newton, Thomas 81, 82 New York frontiers 130 Nicholson. Col. 378; Francis, 384,412, 413, 4:!0, 437, 443, 444, 445, 453, 478, 493, 505, 509, 571, 631. Noble, Lazarus 342 Nock, James 606 NorridgwackorNorridgawack. 315, 317, 321, 361, .543. Norris, Jonathan 406 Northlield? 055 Norton, Bonos 119, 122, 409, 429 Norway, James 91 Nottingham 252 Nova Scotia, 290, 339, 341, 343, 36f, 415,—^ 445. 453, 797. Newell, Mr 663, 701 Novce, Col 492 Noves, Thomas 546, 549 ' Oliver. Dr .552, 682, 7'.'2 Nudder, Joseph ; .714 Numan or Newman 104 Nutlield 765, 770, 777, 798 Nute, Henry 550 Nutter, Hat'evil , 5,W John .550 Oaths refused to be taken 2 to whom administered 6, 23 form of. ; 202 ; 661 Odiorne. Jno 91 Jotham 425, 579, 581, 590, 6.58, 671, 680, 684, 704, 707, 722, 736, 742, 743, 748, 753, 772, 775, 778, 781, 788. 820. Nathl 424 Orders of the House, 67; of Queen Anne, 285; respecting marriners, 312; respecting youth, 524; «f his Miijesty respecting powder monev, 764, 765. Otis, Richard 352 Susanna 352 Oyster River, soldiers, 3, 358. 366, 394, 443; 588, 606, 608, 612, 613, 614, 610, 020, 020, 034. 635, 638, 639, 081, 713, 714. 728, 7.30, 741. INDEX. 849 Pacification with Indians -MS Packer's bii. 125, 139, 142, 163, 164, 267, 269, 298. 316, 421, 426, 470, 471, 532, 594. 617. John, ■ 8, 91. 125. 126, 208, 245, 297, 299, 423, 426, 433, 624, 626, 738, 768. Ricliard 469 AVru..,nin 101, 421. 516, 5s2 Pastor, Ciipt 4.53 Paul, Moses 423 Pearce or Peirce, Abel 550 K.lwanl 551 George 684, 6S7, 821 Joshua. 98. 146. 147, 566, 574, 680, 690, 703, 704, 712, 753, 763, 768, 769, 783, S25,— passim, 840. Thomas 423, 5:57, 684 Lieut 319, .537 Pemaqui. - '•-■ '-■'■. l^l', 242, 249. 261. -''•'•. -'7:. i--, -'.i.', 2'.m;, 29S, .300, 311, .ws,;; ; ;, :..';, :;:o, 399, 401, 410. 414. 421, 426, 43.3, 470, 476, 4«9, 507, 514, 525, 527, .533, 542, 546, 553, ,563. 566, 572, 5s5, 599, 604, 013, 620, 629, 634, 081, 685, 693, 702. 706, 747, 752, 758, 761, 769, 776, 8.36. Pennicook Indians 110, 543 Penny. Uenrv, 53; Cant., 90, 167,203, "206, 298". Penobsot 003 Pepperell. William, 11 ; Capt 528, 537 Perkins. Uen,j!uuin 409, 429 Caleb 429 Sanil 607 Perrv, llich 82 1 Peters. Andrew 550 Pett, John 406 Petition, of Tfampton, 100; of Masters ot eoastins vessels, 104; of David Hamilton, 117, 125; ofinhabit.-nits ot'Kxeter, 1.52; of Hampton, 2:^9; of Thomas Holland, 277; of sloop men. 287; of Saml. Allen, 297; of Quamscott, 405; Hamilton Falls, 408, 428; of John Par- tridge, 4.33 ; of John Cross. 446 ; ofNathl. Weare, 514; of W'ra. Partridge..iun.,516; of Kingston, 520; of Edward Toogood, &c., ,521 ; Bloody Point, 549; of Thomas Waldon, 557 ; of Sam. Pcnhal- 51 low. 569; Jos. Smith, .570; .Simon Wiggins, 580; Oyster Kiver, 606; Josh. Weeks. 62i"; James JallVev, 6:!5; Capt. Matthews. 682; Cieo. Piene, 683; Tho. Pierce, 6s4; (i\>ter River, 713; John Buss, 711: .Sauil. Cliapman, 751; Mr. Htiglies, 773; Geo. lUownel, 792; Caii^t. Pickering, 794; of Nut- tield, 798. Philbrook, Klias 513 James. 321; Lt 346 Jonathan 409 Tho 429 Phillips. James. 72, 95, 117, 121, 137, 154, 156. 2:$9, 274, 300, 584. Phipps, Sir Wm 20, 484, 544 Spencer 545 Tlieoph 91 Thom:is, 292, 315, 320, 322. .323, 341, 34.'; Capt.. 316; Mr., 360; Sher- iff, :i94, 412. 421, 424, 425. 469, 470, 527, .5:37, 567, .571, .5S0, 590, 593, t'.15, 017, 630, 611,64.S. 651, 661, 689, 690, 737, 750. 800, 805. S07, 840. Pickering, Capt. John, 2, 3, 0, 10; Sp.'aker, 13. 24. 28. 30, 32, 33, 39. 40, 43, 48, 49, 57, 60, 64, 81, 87. 91, 112, 137, 138, 197, 203, 206, 229, 231, 232, 246, 248, 270, 29S, o(>5, 319, 353, 359, 360, 369, 381, 422, (:fd) ,5,50, .558, 645, 083, 707, 717, 729. 731,794, 795. Thomas 574 Pigwackett 424, 543, 693 Pike. John 352 I)r 563, .567,641,821 Pindar, Benjamin 7U John 318 Sarah 318,714 Piper, Samuel 400 Pitman, Francis 007 Plaistei), Joii.v. 13, 24. 28, :>i, 39, 40, 42, 48, 50, 57, 60, 62. 64, 85, 87, 110, 111, 112; of the Council, 2j9, 2:52, 248, 249, 277, 288, 297, ;i05, 309, 321, 322, 330. 302, 370, ;;91, 426, iSi, 461, 472, 480, 486, 499, 503, 507, 528, 533, 5.38, 540, 546. 549, 563, 581, 583, 585, 588, 034, 658, (i69, 680, 687, 840. Ichabod 91, 92. .546 Samuel ?37, S3i Pollv. Kdward.. .297, 319, 521, 528, 766, 775 Thomas 403 Mary 56:> Poor. Edward 104 Portsmouth, selectmen. 8; Indians at, 162, 343; Latin Scliool in, 3<>.5, .390, .394, 4.34, 463, 512, 541,. 551, 5.5«, .560, 561, 569, 573, 574. 581, 5S7, 617, 619, 020, 0;«. 636, 64.3, 646, 673, 684, 68.5, 715,718, 729, 7;i. 767, 783, 786, 801, 802, 813, 814, 816. Port Uoval. 200; Expedition. 344, .301, 4:55. 4.37, 442, 444, 445, 447 ; Captain of. 4.53, 457, 460, 468, 478, 509. PostOtlice. 11, 18, 29, 30. 01,248,247, 281. 309, 316, 343, 358, 496; Post- master, 805. 830 INDEX. PotHo. Clia 4n<) (.'lii'isto]>her 12-2 Pouml in every town 178 r.ivev. Maj. Gen lioO Povv.ier moiiev 128. i:W. 14!) house SO", HI 1 Prav. Jlr.. S02; John, 813, 814, 820, 822. Pret^pntt, James 19,20, 408, 409. 429 Jonathan 429 Pre.=cott, Nath 400. 4?9 Pfiwni, location 49, 53, 88; reiiaiis, Ttil Prisoners, French 258, 27.3 Privji tecrs and Pirates 76. 86 Proclamation lor Publick Fast 3.39 Thanlisgiving 438 Puddlestones Island 693, 699 Punierv. Rich 550 Purniott, Hannah 92 Q Quakers .311 Quauiphegeu 1 15 Quaniscott 405, 40T Quel.eck 290, 454, 485, 509, 562 Queen ANXE, 251; Order. 285. 312; address to, 328. 354. 377, 415, 418; 439, address to. 445, 452 ; 480, 493, 50", .547. .576, 83Zj Instructions, 4S1. 484. 4S6. Queguaroonianit, — Indian 693 (^)uei.t, Jiio 550 Qnerenebuit. — Indian 693, 699 (iuinsey. Edmund 545. 693 Quota of men to be furnished, 131, 149, 481, 483, 484, 486. R Ralle. Sebastian 690 ! Kand, John 714 Kates iiroportioned, 203, 207 ; rate of interest 685 Eawlins, Benjamin 4o7 James 550 John 607 Samuel 55t) Eawlings, Jo.seith 5.50 Heading, Col 453 Records of Province, 52. 86.89; miss- ing. 298. 330; 721, 758, 761, T9S. Kedf >rd, Elisabeth 94, 95, 237 Wiliiaui .32, 199, 298 Kednar)i>. Capt. 311 ; Col. 3.59, 46:i. 473, 530 Kedujan, John, 13, 42, 48, 50, 235, 240, 244,711. Keed or Kead, John 91 Hugh. 423. 6.58. 680,686; Capt. 704, 725, 733. 735, 736, 742, 743, 746, 748, 753, 760. 763, 765, 782. Kolwrt 429 Tliomas 406 Kenimick, Abraham 528 Eeudle or Kandall. James. 13, 24, 28, 64. 82. li)8. 109. Ill, 134, 231, 299, 401. 425. 462. 499, 526. Nathaniel 714 Eenalls. John OO" Eenholds. Job 607 Eep.irt of Committee on Accounts 525 Ee venue. Bill for 14 Ehode Island 399, 400, 563 Eichards, Benjamin 550 Kichards, Joseph 5.50 Eiehnionil's Island 495 Kiddle, Capt 453 Eight, Narhl 470 Kincs. or Kaius, Henery 714 Thomas ". 7 14 William 714 Riot 94, 806. 816 Eiver, Pi.scataqua 101, 102, 104 JMerrimaek 543 St. Jolms ,543 Roberts, John 407 Robinson or Eobison, David 407 Jonathan 407 Matthew 691 Robv, Thomas 24, 28, 140, 141, 246, 248, 270 Rociifort. Capt 4.53 Rogers. Daniel .546. 5.56. 672, 674 Nathaniel. Blr. 266, .3.52, 541 ; Rev., 560, 643, 684, 715, 729, 758. Rolins, Joseph 407 Moses 407 Thomas 407 Romer. Col. 106, 109. 255, 256, 263, 282, 283. 299. 302, 307. Row. Edward 551 Thomas 550 Roxburv 458 Runlett, Charles 407 James 406 Owen 40!i Satchell 406 Euwrcll. Eleaz.H- 612, 635 Rymes, Samuel 911 Sabbadi.*.— Indian 693 Sac. 424 Sidarv of Governor, &c 251, 2.55, 260 Sali-bury, lines, 281; town, 415, 549; cimstable 8.35 Sandy Point 123 Sanborn. Benj 409 Enoch 409, 429 Jonath::n 421, 422. 520 John 4j9, 619 Joseph 408,429 Josias 33 INDEX. 831 Sanlwvn, Nathaniel 409 NVilliaiii 409,429 Sandius Point. . . 759 S:iiis\vox 746 Smart. Kobert 312 Smith, Lt. .lohn, 2, 24, 28. .57, 00, 04, 90, 96,111, 113,115,117.126,131; Esq. 3.58, 302, 369, i'l", 007. JosF.Pir, of the Council. 44, 70, 82, 84; paaxim, 204, 267, .321, 340. :)'.H), 4011. 422. 423, 426-441,461-472, 494, .526-.553. ,500. 579. .585-000, 015, 620, 0:!0, 040-048,089,703,707, 710, 711, 712, 721,733,840. Israel 407 Ithiel 406 Samuel 714 Theophilus 423, 425, 409 Snell, John 91, 92, 423 Samuel 92 Snickler, John 40C S!io\v-shoes 427 Soldiers, belonging to Massacluisetts 3, 24, 25, 20: sent for, 34, 36, 39; maimed 39, 53; number to be raised, 481; eastward, 820, 831, 837, Soutback, Capt 453; Cyprian, 76C Speeches, bv Lt. Gov. Usher, 33, 42, 40, 267, .325, 385, 385, 391, 394, 443, 478, 484, 486, .501, 511. 593, 598. bv Earl of Bcllomont 60 bv , ' 30, 32. Survey of Merrimack river 755 Suhiiwannick river 115 Supcrcast, Mons 4.53 Swaine or Swavn, Caleb 429 John " 429 Roger 422, 409, 521, 527. 528 Swamscott river, ferry 99. 123 Swearing on the Bible, 2, or lifting ui) the hand, 2; order concerning, 5,6, Sweat or Sweett, Jimes 584 Joseph, 6, 60, 64, 98, 111, 122, 130, 231, 408, 424, 429. Sword, order to wear 732 Tailer, Col 4.53, 030 Kiver 429 Tar 115,120 Taverns, number 020 Tavlor or Tailor, Ben 41i7 ■ JMr., 90; Cul 031 Taylor's river 409, 429, 4.32 Thomas, Roger 022 Thonii>son, or Tomson, John 0.39 Robert 348, 366, 423. 607 Samuel 319, 423, .550, .574, 600, 6 7 Timber, value of, 288; wastes SCO 852 INDEX. Tibbets or Tippetts. Lt.. 421 ; Thomas, 426; Capt.. 536, 567, 840. Saml, 6(0, 604. 6-21, 622, 623, 625, ii:>*S, 645, 648, 653, 658, 680, 704, 734.753,772,781,785.801. Tlistnkstriviiig, Public, 56, 89, 266, 332, 438, 600. Thing, Jonathan, Capt., C; Thwiiig-- 17 Lt 422,537,840 Sainl, 241, 246, 249, 206, 270, 580, 583, 585. 588, 600. Titton, Daniel, 13, 33, 240, 390, 408, 429, 462; Mr., 732, 793. Daviil 409,429 ■ Jethi-o 409, 429 Joseph 409,429 Sainl 409 Title to waste lands 272 Toogoixl, Edward 133,521, 527 Town bounds, 26, 52. 138, 14t, 143, 144, 152, 158, 281, 343, 512, 655, 760. Town ofScers sworn 654 House 463 Towiisend, Penn 546, 693 Tread well. Thomas 164 Treaty with Indians 693-701 Trees" for tar, 115;- for his jMajestv's Kavv, 149; M;ists, &c., 334, 366, 669, '718, 759, 779. Trickey, John 551 Thomas 550 Zachary, 297 ; farm 322 Troop or troopers 346,396,712 True, 3G3 Tuck, John. 42, 157. 231, 680, 685; Mr., 703, 707, 710, 711, 712. Tucker, Sir , 9 ; Fran 1 9, 142 Tuttle, John, Lieut., 6, 17; Capt., 60, 64,77,90,91,92. 9.3, 94, 111, 131, 258, 284, 311, 346, 470, 840. Tythingmen 622 u UShEr, Johx, Lt. Gov, complains, 46, 4S, 77. 84, 85. 104, 265; .si,eiTl], 269; 277, 291. 294.298,325: njemo- rial of, 332; 336; speech, 385, 386, 391, 443, 448. 478, 484, 488; cnm- nussion, 593; speech, 593, 508: 603, 604, 707. Valentine, Mr 7."0 Vaudreville 699 Vaigiian, George, 341, 342, 353; agent. 354, "57, .371, 375. 381, 382, .■JS3, 384. 399, 424, 469. 533, 537, 567. 599; Lt. Gov., 601, C()2; ccm- niission, 603, 620, 632, 634, 640, (;!4, 64(!, 650, 652, 692, 702, 703, 704, 707, 7.37, 840. W.M., of the Council, 2, 7, 11, 12, li, passim. 18,28, 30, 32, 39, 40, 5!>, 51, 52, 53, 57, 62. 69, 70, 81, 84, 91, 108, 119, 122, 124, 132, 138, 143, 145, 146, 157; agent to Englan John. Capt.. 46)8, .536, 598. 605 Joshua 579, 592, 619, 641, 738, 840 Winnipistioky 805 Winter Harbour 701 Wiwurna— Indian 693, 699 Wolves, bounty for killing 644 Woodbridge'.s tavern 769 Woodman. Capt. John, 2, 3, 6, 13, 17, 24. 28, 33, 39, 40, 64, 111, 231, 247, 270, .321. Wormwood. William 714 Jonathan 427, 607 Wright or Right, Kathl 407 Tho 407 WYiiiKi), WiiiiKD or Wiukrt, Rich- ard, 422. ijan-nm. 5.58. 600, 602, 017. 619. 625, 634, 642, 648, 6.57 : of the Council. 6.58, 702, 736, 747, 775, 783. 789. .«:06. 840. Yeaton, Richd 802 1 York, John. Kiap